[Broadcast 4 May 2006]
In the past two programmes, Sun Xiangying, a teacher of Special Grade distinction, and now retired, from Qingcheng County introduced to us how the Qingcheng County government in Leshan, Sichuan had been deducting a price inflation subsidy and a welfare benefit from the salaries of 2,400 teachers in that county since September 2004. He said, in the past 11 years, a total of about 10,000 yuan had been deducted from each teacher or 24 million yuan from all the teachers in the county. The teachers had been petitioning against this practice for years, including seeking the help of their representative to the Chinese People's Political Consultative Committee (CPPCC), hoping that the committee would raise the matter and get their pay returned. To date, however, they haven't received anything. Moreover, because the currently employed teachers worry that they may be targeted for revenge, they do not dare publicly participate, but only financially support retired teachers to petition. Later, retired teachers applied for a march and demonstration according to the Law on Assemblies, Processions and Demonstrations, but the Public Security Bureau rejected their application. The authorities said the march would cause negative impact on public safety and disrupt social order. The third broadcast on this situation follows.
Teacher: Later we had no choice but to petition. Under Section 28 of the Teachers' Law, it says that if the legal rights of teachers have been harmed, one can ask for assistance and rectification from a higher level of government. We are now petitioning the Leshan government using this section of the law. After receiving the petition, they did not say they would not accept this case and they didn't say they wouldn't accept it. It looks like they're just ignoring us. According to the petition regulations, if a petition organization did not follow the procedures to work, or an administrative department that has the right to deal with such matters did not follow the rules, we can find their higher level of government to reprimand and order them to correct themselves. Thus, on 23 February 2006, we sent a petition letter to the Sichuan Province People's Government Petition Bureau to request it to reprimand and order the Leshan government to deal with our petition materials according to the petition regulations. They cannot just say they don't care how this should be dealt with.
Han Dongfang: Are there any results up till now?
Teacher: We handed in the petition letter to the Sichuan province petition office on 23 February. An office member let us put the letter into the office's letter box. They did not let us register. Now, we are still uncertain if the petition office followed the procedures to deal with our matter. They should give us a reply within 15 days.
Han: Did you send representatives to do all these?
Teacher: Yes
Han: How many each time?
Teacher: Normally, two to three persons, because the petition regulations do not allow more than five people.
Han: So have you strictly followed the provisions of the petition regulations when you carried out your rights actions all these years?
Teacher: Yes, because we are all teachers who have learnt about these laws and regulations, so we are not willing to do something that is against the law. For example, we seldom see people in the country writing petition letters to apply for holding a march and a demonstration, but we still wrote it. Because according to the Law on Assemblies, Processions and Demonstrations, we can write it. The county public security bureau can't do anything about it, but everybody is still waiting for a reply from the provincial government. Because if the county government deducted our welfare benefit from the country, they were working against the State Council's related regulations.
Han: Over the past 12 years from 1994 till now, you kept approaching the county, city, and provincial governments, including marches and demonstrations, petitions etc. During the course of your actions, have you ever tried to approach the county, city, or provincial education unions?
Teacher: No, we didn't.
Han: I assume you and the currently employed teachers are members of the education unions? Isn't that a part of your salary every month should be used to pay for the membership fee of such education unions?
Teacher: This union normally speaks for the government, so we did not find them.
Han: But according to the Trade Union Law, it's not like what you have said. Shouldn't unions represent its members' benefits?
Teacher: That is how it is written, but in reality this is not how it is done.
Han: Back to the topic we talked about. You said that you fight for your salary according to the Teachers' Law and that some of the provincial government's policies to implement the Teachers' Law, right? Since you strived for your salary according to the Teachers' Law, then why can't you request unions to fulfill their duties to protect your rights in accordance with the Trade Union Law?
Teacher: That can be another way to do it, to find the union to help us solve this problem.
Han: Did you not try this before?
Teacher: No. This county's union won't care about us. We directly contacted the government. Sometimes they will use the union to educate us, to coordinate this matter.
Han: All these years, have the union ever helped the government to do your work?
Teacher: It's all done through the school unions speaking to us.
Han: Did you work through the school unions before?
Teacher: Yes.
Han: How did the union work?
Teacher: Because there is a lot of content in this aspect, we have people especially dedicated to deal with these materials. If you need the materials, I can fax them to you. I am in charge of contacts. Teachers living here are generally afraid of being targeted for revenge or harmed. I will not be afraid. There is nothing to be afraid of if I speak of the truth.
Han: Will you consider contacting the county, city or provincial education unions or the federation of trade unions to help you fight for your rights?
Teacher: This can be considered. I will discuss this idea with the other teachers.
Han: Because the Trade Union Law states clearly that unions above the county level should set up organizations to provide legal service so that they can give members free legal advice services. For example, if you want to launch a lawsuit, these unions' legal service departments should help you, because you are their union members and you pay membership fees. In principle, union officers receive their salaries from the membership fees.
Teacher: But unions here work for the government. It is impossible that they will help their union members.
Han: It shouldn't have happened if they worked according to the laws. This is like, even though the Teachers' Law says you are eligible for subsidies, but that money is still being deducted. Therefore, sometimes, law and reality may be different. Isn't this why you are fighting for your salary?
Teacher: Yes.
Han: During this process, if you can also make a little change in education unions, so that they change from helping the government to fulfilling their duties according to the law, protecting the teachers' rights, this is also a way to help improve the society!
Teacher: Of course, if there are unions who are willing to do these, we definitely will tell them our complaints and ask them for help. The problem is that it is very difficult to find such unions. Normally, wherever we go to complain, we get no replies.
Han: Then try. At least this will give you a better chance!
Teacher: Yes. We should consider this.
Please tune in again next Saturday to hear the next part of my conversation with Sun Xiangying, a retired teacher from Qingcheng County in Leshan, Sichuan.