A trade union chairperson represented the employer instead of the worker during a labour dispute arbitration, the Shanxi Workers Daily reported this ironic and contradictory courtroom drama on 30 September.
Ma Ruixing, a worker who had worked in the Dajianshan Forestry in Qinshui County, Shanxi Province, for about two decades, received a retirement notice in February 2004. He was asked by his employer to retire at the age of 55, under an arbitrary internal rule set by the forestry. After he refused to retire early, the forestry management forcibly handled the retirement procedure and issued him only half of his wages.
Ma made a complaint at the Labour Disputes Arbitration Committee of Qinshui County. Oddly enough, in two separate arbitration hearings, instead of representing Ma, the chairperson of the forestry's trade union represented the employer. The trade union chairperson's name and title was clearly stated as "representative of the employer" even in the arbitration committee's judgment. Learning about this, Ma was outraged and realized that the union chairperson was indeed violating the Trade Union Law. Article 21 of the Trade Union Law states: "If enterprises infringe upon staff members and workers' labor interests, their trade unions may voice their opinions on mediation. If staff members or workers file lawsuits at People's Courts, their trade unions should give them support and assistance." Ma then lodged a complaint to the Shanxi Provincial General Trade Union and the forestry trade union chairperson was reprimanded by the provincial union.
In recent years, there have been more reported cases that official trade union leaders represented employers instead of workers in labour dispute arbitration hearings. In October 2002, a hospital of Xi'an Aero-Engine (Group) Limited had a labour dispute case with its worker Yang Shue. The hospital's trade union represented the hospital in the local labour dispute arbitration committee hearing [see China Youth Daily, 31 March 2005]. In August 2005, four workers from the Cultural Center of Panyu District in Guangzhou sued their trade union's chairperson, for he represented the employer in the labour dispute case and led to their failure of their charge [see Business Watch Magazine, 24 February 2005].
Source: Shanxi Workers Daily (30 September 2005)
28 October 2005