Identifier
Created
Classification
Origin
07BEIJING390
2007-01-17 08:07:00
UNCLASSIFIED//FOR OFFICIAL USE ONLY
Embassy Beijing
Cable title:
LABOR CONTRACT LAW: NATIONAL PEOPLE's
how-toVZCZCXRO9659 PP RUEHCN RUEHGH DE RUEHBJ #0390 0170807 ZNR UUUUU ZZH P 170807Z JAN 07 FM AMEMBASSY BEIJING TO RUEHC/SECSTATE WASHDC PRIORITY 3906 RUEHC/DEPT OF LABOR WASHDC PRIORITY INFO RUEATRS/DEPT OF TREASURY WASHDC RUCPDOC/USDOC WASHDC RUEHSH/AMCONSUL SHENYANG 7426 RUEHGH/AMCONSUL SHANGHAI 6803 RUEHCN/AMCONSUL CHENGDU 7766 RUEHGZ/AMCONSUL GUANGZHOU 2178 RUEHIN/AIT TAIPEI 6212 RUEHHK/AMCONSUL HONG KONG 8752 RUEHGV/USMISSION GENEVA 1552
UNCLAS BEIJING 000390
SIPDIS
SIPDIS
SENSITIVE
DEPT PASS USTR FOR KARESH, A. ROSENBERG, CELICO
LABOR FOR ILAB
TREAS FOR OASIA/ISA-CUSHMAN
USDOC FOR 4420/ITA/MAC/MCQUEEN AND DAS KASOFF
GENEVA FOR CHAMBERLIN
E.O. 12958: N/A
TAGS: ELAB EINV PGOV CH
SUBJECT: LABOR CONTRACT LAW: NATIONAL PEOPLE's
CONGRESS RELEASES SECOND DRAFT
REF: A) 06 BEIJING 24304 B) 06 BEIJING 9677
UNCLAS BEIJING 000390
SIPDIS
SIPDIS
SENSITIVE
DEPT PASS USTR FOR KARESH, A. ROSENBERG, CELICO
LABOR FOR ILAB
TREAS FOR OASIA/ISA-CUSHMAN
USDOC FOR 4420/ITA/MAC/MCQUEEN AND DAS KASOFF
GENEVA FOR CHAMBERLIN
E.O. 12958: N/A
TAGS: ELAB EINV PGOV CH
SUBJECT: LABOR CONTRACT LAW: NATIONAL PEOPLE's
CONGRESS RELEASES SECOND DRAFT
REF: A) 06 BEIJING 24304 B) 06 BEIJING 9677
1. (U) On December 25, 2006, the National People's
Congress (NPC) debated a new, second draft of the
Labor Contract Law (LCL). The LCL is intended to
complement existing labor legislation and specifically
address prevalent abuses of workers? rights. The
second draft is substantially different from the first
draft issued in March 2006. According to the NPC
website, the new draft reflects the issues raised in
over 190,000 responses to its March 2006 request for
public comment on the original draft. On December 26,
the NPC decided not to vote on the second draft,
meaning that further revision is possible.
2. (SBU) The international business community has
not yet provided any official reaction to the new
draft. The American Chamber of Commerce in China
(Amcham) and the US-China Business Council (USCBC) are
both in the process of reviewing it and soliciting
their members' comments. Amcham plans to hold a
roundtable meeting for its members to discuss the new
draft during the week of January 22, with a view
toward giving additional comments to the NPC at an
appropriate time. (The NPC has not yet asked for
public comment on the second draft.)
3. (SBU) Comment: A preliminary look at the new
draft suggests that the NPC did respond positively to
some of the international business community's
original comments on the first draft(ref B),as well
as concerns raised by Chinese labor organizations. In
a public statement accompanying the release of the new
draft, the NPC accurately summarized these concerns,
without attribution, and explained how the second
draft takes these concerns into account. While Amcham
and others have been criticized in the international
press and by members of the United States Congress for
allegedly lobbying against workers? rights (ref A),
the NPC expressed no such sentiment, and appears
intent on producing a law that will effectively
improve workers? rights protections without creating
unreasonable obstacles to doing business. Embassy
will provide more details on the draft LCL once Amcham
and USCBC have finished studying it.
RANDT
SIPDIS
SIPDIS
SENSITIVE
DEPT PASS USTR FOR KARESH, A. ROSENBERG, CELICO
LABOR FOR ILAB
TREAS FOR OASIA/ISA-CUSHMAN
USDOC FOR 4420/ITA/MAC/MCQUEEN AND DAS KASOFF
GENEVA FOR CHAMBERLIN
E.O. 12958: N/A
TAGS: ELAB EINV PGOV CH
SUBJECT: LABOR CONTRACT LAW: NATIONAL PEOPLE's
CONGRESS RELEASES SECOND DRAFT
REF: A) 06 BEIJING 24304 B) 06 BEIJING 9677
1. (U) On December 25, 2006, the National People's
Congress (NPC) debated a new, second draft of the
Labor Contract Law (LCL). The LCL is intended to
complement existing labor legislation and specifically
address prevalent abuses of workers? rights. The
second draft is substantially different from the first
draft issued in March 2006. According to the NPC
website, the new draft reflects the issues raised in
over 190,000 responses to its March 2006 request for
public comment on the original draft. On December 26,
the NPC decided not to vote on the second draft,
meaning that further revision is possible.
2. (SBU) The international business community has
not yet provided any official reaction to the new
draft. The American Chamber of Commerce in China
(Amcham) and the US-China Business Council (USCBC) are
both in the process of reviewing it and soliciting
their members' comments. Amcham plans to hold a
roundtable meeting for its members to discuss the new
draft during the week of January 22, with a view
toward giving additional comments to the NPC at an
appropriate time. (The NPC has not yet asked for
public comment on the second draft.)
3. (SBU) Comment: A preliminary look at the new
draft suggests that the NPC did respond positively to
some of the international business community's
original comments on the first draft(ref B),as well
as concerns raised by Chinese labor organizations. In
a public statement accompanying the release of the new
draft, the NPC accurately summarized these concerns,
without attribution, and explained how the second
draft takes these concerns into account. While Amcham
and others have been criticized in the international
press and by members of the United States Congress for
allegedly lobbying against workers? rights (ref A),
the NPC expressed no such sentiment, and appears
intent on producing a law that will effectively
improve workers? rights protections without creating
unreasonable obstacles to doing business. Embassy
will provide more details on the draft LCL once Amcham
and USCBC have finished studying it.
RANDT