China’s best know and most talked-about migrant worker, Huang Weimu, has filed a civil suit against his former employer even after being awarded 12,500 yuan by the Panyu Labour Dispute Arbitration Committee.
The 24 year-old middle school graduate from Guigang in neighbouring Guangxi province had sought 55,334 yuan for five month’s work at the Huisheng Garment Factory in Panyu. During the arbitration hearing however Huisheng produced labour contracts and overtime applications allegedly signed by other employees to refute Huang’s assertion that the factory did not sign contracts with its employees. Huang said these labour contracts were signed after he filed a claim with the Labour Bureau and therefore had no legal force. Moreover, he said, the employee overtime applications were either forged or signed by workers under duress.
In an interview with The Beijing News, published on 16 October, Huang said, “When I filed the lawsuit, I told myself, I must win. The key point is that this company has not yet been sorted out. I want public opinion and the law to force it to change. But this company is very stubborn. So, I can’t say yet that I have really won.”
Huang has always insisted that his actions were not motivated by money but by a fervent belief in China’s nascent civil rights movement and the desire to protect workers’ rights.
He told The Beijing News: “My original intention was to straighten the company out, money was not the issue. I know my original demand was a bit excessive but it was also designed to attract attention.
“I wanted this case to cause a sensation, to make everyone realize that there are many workers out there whose rights are not protected, as well as workers who are not even aware that their rights and interests have been violated.”
His ploy worked. Since 1 September, when he first filed his claim and posted his story on his blog, he has been inundated with requests from television, radio and newspapers for interviews, including China Central Television’s prestigious People in the News.
The softly spoken, Huang hopes to use his new found fame to raise awareness of labour rights in China and China Labour Bulletin offers its support and appreciation of his work.
The 16 October interview with Huang Weimu in The Beijing News is translated below.
On 8 April this year, migrant worker Huang Weimu planned, directed and acted out a real-life migrant worker Internal Affairs, obtaining evidence as an undercover worker over five months in Panyu county’s Huisheng Garment Company. Following this, he lodged a claim with the Panyu County Labour Dispute Arbitration Committee, asking for compensation of over 50,000 yuan on the basis of "the enterprise not entering into a labour contract with workers" and "arranging for excessive over-time."
On 14 October, the Labour Dispute Arbitration Committee ruled that the garment factory should pay Huang Weimu more than 12,500 yuan for normal work-hours and overtime for the period of April to August.
At a time when awareness of civil rights among migrant workers in China is at best embryonic, Huang Weimu's "undercover" actions sparked off a heated debate. Why did he "go undercover"? Is it feasible to assert civil rights in such a manner?
The day before yesterday, Beijing News reporter spoke with Huang Weimu.
Huang Weimu, born in Guigang, Guangxi Province, 24 years old, residing in Guangdong for the past six years after graduating from middle high. Worked various stints as medical products salesman, administrative assistant in a chemical factory, chartered plane worker etc, in Foshan and other areas in Guangzhou.
Huang Weimu gathered evidence by going undercover, and sued his employer for not signing a work contract, and has been hailed as "the new Wang Hai" of labour rights.
"My name is Huang Weimu, known on the Web as the darkest horse of a migrant worker in history. Due to family poverty and only a middle school certificate, I travelled to Guangdong in search of work but in six years failed to achieve anything. Beginning of 2008, hearing that the new Labour Law has been implemented, one rejoices! Looking around at the many employers, who oppress the workers as before and do not repent, one sorrows! Upon finding a blood-sucking factory, I hid myself within for more than five months. In this period, I infiltrated the bottom ranks of workers, and gathered sufficient evidence. Intending by this act, to realize and make known to all the force of this Labour Law, and so to awaken the rights and interests of workers."
This self-penned autobiography of Huang Weimu on the Web reveals a certain chivalrous spirit. In the second part of the saga, he lodged a claim with the Labour Dispute Arbitration Committee seeking over 50,000 yuan of compensation from the employer. On 14 October, Huang Weimu was awarded over 12,500 yuan in compensation. He is rather pleased with his actions; however, he feels that it is not time to declare victory yet.
Compensation: Now is not the time to declare victory.
Beijing News: When you obtained the judgment from the Labour Dispute Arbitration Committee of Panyu County, Guangzhou, which awarded you over 12,500 yuan in compensation, what were your feelings?
Huang: Very happy, it is a good start, although I did not completely achieve the result I wanted. But this says at least that they have affirmed my assertion of labour rights through undercover means, tacitly approving such actions.
Beijing News: You sought over 50,000 yuan in compensation, and were awarded 12,500 yuan. Is this acceptable?
Huang: My original intention was to straighten the company out, money was not the issue. I know my original demand was a bit excessive but it was also designed to attract attention.
I wanted this case to cause a sensation, to make everyone realize that there are many workers out there whose rights are not protected, as well as workers who are not even aware that their rights and interests have been violated.
I wish to disseminate knowledge of the law and to educate through this case, if the enterprise reforms itself, I will consider an out-of-court settlement. It is also to deter, to warn other enterprises that are breaking the law.
Huang: When I filed the lawsuit, I told myself, I must win. The key point is that this company has not yet been sorted out. I want public opinion and the law to force it to change. But this company is very stubborn. So, I can’t say yet that I have really won.
Beijing News: You said that you joined the ranks of migrant workers in Guangdong for many years, and have worked various factory stints in furniture, garment manufacture, decorative lighting, textile printing, plastics, and laundering. But it only occurred to you this year to assert your rights, what are the reasons that motivated you?
Huang: During "the two meetings" this year, Zhang Yin, the female tycoon who is a member of the Chinese People's Political Consultative Conference (CPPCC), proposed temporarily postponing the implementation of the new Labour Contract Law, this makes me very angry. Afterwards, I saw news commentaries which said that "the drawbacks for those who represent labour’s interests are that the employers are overbearing, the workers are self-effacing and forbearing, and the government is falling short.
This is a volatile issue. The channels for dialogue between the workers and the employers are simply too few. I just feel that I ought to speak out on the Web, because I am also a victim in this matter.
Beijing News: Therefore you planned from the very beginning to make use of the Web and the media to hype up this case, including conferring upon yourself the title of "the darkest horse in history"?
Huang: Yes, one can also see if the media has any moral empathy. This "migrant worker who is the darkest horse in history" is very attention-grabbing. The most important thing is, I planned to achieve a certain magnitude in this matter, so it must have a shock value.
Therefore, once I had ended my undercover work, I immediately issued an invitation to my QQ site, sending text messages to my co-workers to visit my site. I sent a fax to the media on the same day, and fielded questions from them. I felt that this was not enough, and sent out countless invitations on the Web, until I finally ended up at the CCTV reception hall.
Apart from the Internet and the media, the law is also a very important means for me.
Beijing News: You have read many laws and regulations concerning labour?
Huang: Many. I believe in legal justice.
Undercover: Using an MP4 with a camera to record evidence
Beijing News: Why did you choose this enterprise, is there a specific criterion?
Huang: There are many such sweatshops in the region. This one happens to be near where I live, and was recruiting. When I went for an interview, the factory said there and then, that there is no work contract, no social security and that each hour of overtime at night is reimbursed with fifty cents.
Beijing News: During the undercover period, apart from working normally, your mission was to accumulate evidence? What kind of evidence did you gather?
Huang: Four aspects of the evidence: evidence that ascertain labour relations; evidence of working hours; evidence of pay issuance, and also evidence of my conscientious work. I cannot allow them to turn around and accuse me of not working conscientiously. Therefore, I worked very hard in April, and received the highest pay in our department, of more than 1,400 yuan.
Huang: I bought a camera-equipped MP4 to take pictures of pay slips, piece-work tags, attendance card etc; at the end of every month, I took them to be scanned and printed. I had to be careful, if it leaked out, the game would be up.
Huang: Apart from the short off-peak season, the work hours of the company are eight hours a day, Monday to Saturday, with three and a half hours of overtime each night. We work eight hours on Sunday, with no over-time, and this is considered time-off. We have to apply for leave if we are not putting in the over-time hours at night and on the rest-days, otherwise it will be dealt with as absenteeism.
Many hourly-rate workers are paid a base salary of 800 yuan, but only when they have completed 30 day’s work. Over-time work at night is reimbursed with only 50 cents. The monthly minimum wage of Panyu County on 1 April, 2008 was 770 yuan, and the hourly minimum wage was 4.43 yuan per hour, this means that the company is obviously short-changing the workers.
Showdown: Co-workers all say they support me
Beijing News: You had planned to be undercover for six months, why did you leave a month earlier?
Huang: Because of health reasons. The textile fibre dust is extremely hazardous. My dermatitis flared up, and I itched all over if I didn’t take medication, but constant medication made me dizzy and nauseous. By the end of August, when most of the evidence was in hand, I left. I made more than 4,000 yuan in five months.
Beijing News: When the case was disclosed, what was your co-workers' attitude toward you?
Huang: They claimed to support me, but they still do not think of asserting their rights. One came forward to testify for me.
Huang: No. I also refused to have any form of dialogue with them. I was going to file a claim, as planned.
Beijing News: Did you encounter any obstacles in this process?
Huang: There weren’t any direct obstacles. However, the leader of the Guangzhou Labour Supervisory Brigade had previously said that he was not in favour of me asserting my rights through the undercover method; the trade union chairman also felt that my method was extreme, but he later supported my efforts to assert my rights.
Huang: Yes, I am opposing them regardless of the costs. I am a migrant worker of unsullied background, going against families of enormous fortune. It is possible that retaliatory action will be taken against me. But I cannot care about all this anymore. I have written a will, if something terrible happens to me, my relatives and friends will publish it, and this enterprise will definitely suffer damage and destruction.
Myself: I used to look down on migrant-workers
Beijing News: You wrote in your blog that when you entered this garment factory, you told yourself that "I am now a real migrant worker". Why did you have such feelings?
Huang: In the past, I looked down on migrant workers. I felt that they were inferior, and uncultured. After the new Labour Law was promulgated, I heard from other migrant workers that the situation has not improved very much; that a month's workload is packed with two months worth of work, and they are not even paid the minimum wage.
Society is very unfair to migrant workers. They have contributed so much, working so hard at the economic frontline, but have no basic guarantees whatsoever.
Therefore, I must affirm my own status as a migrant worker.
Beijing News: You are one of many youths who came from the countryside, what do you think sets you apart from other migrant workers?
Huang: I am not willing to put up with the present status quo, not willing to be commonplace. I'm constantly working hard to change this kind of existence. Others are not very aware of their rights; they accept whatever the company gives them, if they can't do the work, they will simply leave, and they don't care about having work contracts and social security. Now there are many young migrant workers born after the 80s and the 90s who like to surf the Web, but only to chat or play games. I prefer to read the news and to learn.
I often fantasize that I am a hero like Spiderman or Superman, and can do something for this world.
Beijing News: When you were a guest on CCTV, you said that your childhood dreams of "Beijing, airplane, hero and fame" have all been realized. Do you feel that you are now a hero?
Huang: Far from it. At most, I am walking on the path towards being a hero.
Huang: A hero who fights for civil rights, a migrant worker hero.
Controversy: To be hailed as the "new Wang Hai" is a form of affirmation
Beijing News: What do think about the negative comments by some netizens about your actions?
Huang: The most malicious attacks claim that I seek fame and fortune, that I'm hyping the case for personal interests.
I do not care in the least bit what they think. I have thought of all this before I went ahead with my plan. The fact that I'm stepping forward to talk about this, is certain to offend employers and vested interests. These law-breaking enterprise owners could hardly be expected to support me, The Internet and the media can help me to increase the impact of this case.
Beijing News: Does your undercover approach to asserting civil rights deserve emulation by others?
Huang: If people emulate me, it would be even better. The important thing is this kind of awareness regarding the use of law and assertion of civil rights.
Beijing News: What do you think of being called the "new Wang Hai"?
Huang: I am quite happy about it. To be mentioned in the same breath as "anti-counterfeiting" Wang Hai, shows that society has acknowledged and affirmed me.
Beijing News: Since you are dissatisfied with the present verdict, what do you intend to do next?
Huang: I will file suit in the People's Court of Panyu County, and I will persist until this enterprise is reformed. I also plan to write a documentary report on this experience, to call upon more migrant workers to stand up for their rights.