Since 5 July 2003, more than a thousand workers from the Zaoyang Fertilizer Factory [ZFF] in Hubei Province have been on strike in protest against the factorys violations of their rights. The factory was sold by auction in October 2002 [after going bankrupt in 2002], and workers were then forced to work irregular unpaid overtime in contravention of the Labour Law. In addition, wages were not settled lawfully. Strikers did not want the mistreatment to continue and asked the factory to offer them reasonable retrenchment compensation. When China Labour Bulletin [CLB] called the Zaoyang Government offices for details, an official stated that there was in fact no strike.
Government Official:
Nothing like that [the strike] happened.
Han Dongfang [Han]:
Are you sure?
Official:
Yes, nothing like that, for sure.
A retired female worker from ZFF told CLB that in fact, workers had traveled to Beijing to complain, but the Zaoyang Public Security Bureau [PSB] transported all of them back to Zaoyang.
Retired worker:
The factory didnt pay us
we are striking for the money and for a reasonable retrenchment.
Han:
When did it start?
Retired workers:
From 5 July.
Han:
Have they been staying in front of the factory since then?
Retired worker:
Yes
by the factory entrance.
Han:
Are they still there now?
Retired worker:
Yes, still here. We actually went to Beijing [to complain] but the PSB carried us back in their cars.
Han:
You mean the Zaoyang PSB forced the workers back by putting them into their police cars?
Retired worker:
Yeah.
Han:
From where?
Retired worker:
From Beijing.
Han:
How many of you went to Beijing?
Retired worker:
70 to 80, but it was fruitless, neither the Beijing nor the provincial government takes the case seriously. Now Xiangfan City is in charge of the case but no solution has been made yet.
A cadre from the Zaoyang Municipal General Trade Union confirmed the news that on 11 August, workers stopped the police from opening the factory gates by force.
Municipal General Trade Union:
[ZFF workers are] making trouble all the time, blocking the entrance, holding bricks and rods
those trouble-makers. They catch whoever wants to solve the problem, beat up anyone who wants to open the door. The police have arrested some of them.
Han:
How many people were guarding the factory?
Municipal General Trade Union:
More than a thousand.
Han:
And how many police were there?
Municipal General Trade Union:
A lot, at least several hundreds.
Han:
Did the crowd try to stop the arrests?
Municipal General Trade Union:
Yes, for a while, but after a few had been arrested, they dared not [stop them].
Han:
Was the trade union as well there?
Municipal General Trade Union:
Yeah.
Han:
What was it doing then?
Municipal General Trade Union:
We were advising the workers.
An early-retired cadre [who applied for retirement before reaching the official retirement age] of ZFF told CLB another version. He said the police were armed with shields and batons, which gave the impression that they came prepared for a confrontation or crackdown. The workers therefore grabbed some bricks in defence. The Xiangfan City leaders were also present and as they did not want a violent confrontation to occur, they ordered the police to withdraw.
Retired cadre:
Oh, everyday several hundred [strikers] come.
Han:
I talked to the municipal general trade union. They said the workers used bricks and rods
Retired Cadre:
It was not like that, you must not believe that. It happened like this: at 3 am, the government tried to force the workers to open the factory gate. As the workers knew that once the door was opened, it would be impossible to go on with the strike. So they didnt open the door, not until retrenchment-compensation was offered. Then the police came along with batons and shields to remove the workers from the entrance. That scared the workers as they thought that police came to violently suppress them. The people [workers] grabbed some bricks from the construction site opposite the factory and attacked the police, 6 or 7 of them had injuries to their legs. Finally the PSB chief and members of Xiangfan Municipal Policy & Law Committee arrived. They said, as the situation is currently unraveling, it is very possible that a bloody violent confrontation will occur. At 5pm they then decided to withdraw the police.
He also told CLB that no one dared to be a workers representative since the previous workers representatives were arrested after negotiations last year over ZFFs bankruptcy with the government.
Retired Cadre:
We wanted retrenchment, but so far we cant agree with the compensation they offered. For each year of service, they offer to pay RMB 800, It is simply too little. For instance I am now in my fifties and I have worked there for 30 years -- after paying pension insurance, I wont have a penny left.
Han:
Have the workers elected any representatives?
Retired Cadre:
No way! That sucks. Last year we elected some when ZFF went bankrupt but they got arrested. Since then, nobody dares to be the workers representative anymore.
Han:
Then how can you negotiate with the government?
Retired Cadre:
It is not easy.
A ZFF worker believed the Xiangfan confrontation arose because of Zaoyang Municipal Governments report of a riot in Zaoyang to the Xiangfan Municipal Government.
Worker:
They [Zaoyang government] told the Xiangfan PSB that a riot had broken out in Zaoyang and then the Xiangfan PSB sent riot police, all with shields, steel saws, batons and hammers at 4 am in the morning.
Han:
Who reported a riot?
Worker:
The city [government]. We asked the police why they came and they said the Xiangfan PSB sent them to settle the riot. They found us totally harmless, just guarding by the entrance. We explained them that we only wanted to guard the factory because it was our hard labour that had built it up in the past decades and we wouldnt allow anyone sneak in to cause damage. Also our factory is now sold and we must guard the facilities inside. After hearing us out, the police said alright, we will leave you alone then.
He also told CLB that the Zaoyang government had told them that it was Yichang Chemical Group Co. which had bought ZFF but later when the workers signed the [new] labour contracts, they found the employers were actually six individuals from Yichang, which was another reason for the strike breaking out.
Worker:
It was a public auction and a member of the municipal committee said we wont sell it to individuals; we will only sell it to Yichang Chemical Group Co. He believed that company could save ZFF. But once we read the contract, [we found that] it was sold to six individuals from Yichang and we haven't been able to find them yet. We dont even know who holds the legal rights to the company
we are really confused.
Han:
You mean since the auction last October, the workers have never learnt who the new employer will be?
Worker:
Right, indeed.
Han:
Nobody knows who the boss is?
Worker:
Exactly. We mean
at least we should have known with whom we signed our contracts - who holds the legal rights to the factory - shouldnt we? Lets say if we sign contracts with our work unit head - once he is removed, who shall we look for? Who will be responsible for the contracts we signed?
The worker then talked about ZFFs violations of workers rights after the auction.
Worker:
ZFF reported to the municipal government that our wages were RMB 600 per month but in fact, we received only RMB 300-400. ZZF claimed we got 2 days off monthly but we got none. We asked for the holidays back and it [ZZF] said it would pay us 10 bucks for each day off it had not given us. We told them that it was not legal, for the Labour Law required that two times the original wages should be given if we worked on holidays. And you know what they said
it was really mean; what I speak is law, you can leave if you dont like it and we told them, we dont want to work for you anymore, if you pay us the compensation [for retrenchment], we will leave with no delays.
CLB called Zaoyangs Bureau of Economic and Trade Affairs [BETA]. The official said he had no idea who had bought ZFF.
Official from BETA:
The leaders are thinking of a solution.
Han:
It was said that ZFF had been sold to six individuals from Yichang. So who are those six people?
Official from BETA
Hmm.., no idea.
Han:
What? Even you have no idea??
Official from BETA:
It is true, I have no idea.
One worker CLB had previously spoken to expressed the workers determination to protest till a solution arrived.
Worker:
We are not okay with it [ZFFs conduct]. We will not give up the protest.
Han:
Have you thought about legal advice
on, for example like bringing a charge against it?
Worker:
Yes, we thought about that, but no one dares to organize, no one dares to voice out.
Han:
Nobody dares to speak out?
Worker:
Right, we ordinary folk dare not speak out.