On January 1, 2008, China’s new Labor Contract Law (LCL) took effect amidst a rise in labor disputes from 5,600 in 1987 to more than 447,000 in 2006. On its face, the LCL is intended to strengthen protection for workers; in reality, some believe it amounts to a reactive measure aimed at quelling increasingly numerous and violent worker uprisings, particularly among a large, urban population of rural migrants. CTI presents an unprecedented opportunity to train these factory-based labor relations practitioners so they can present the LCL to employers and workers, make them aware of their responsibilities under the law and ensure that all workers possess the capacity to implement worker grievance processes articulated in the labor law.
The new LCL stipulates management consultation with workers on a host of labor-related issues, including contracts, collective bargaining, trade union representation, arbitration, etc. Furthermore, BSR understands that the Ministry of Labor and Social Security (MOLSS) will issue new standards in early 2008 as part of the new LCL that will “strongly encourage” national occupational standards for labor relations coordinators (LRCs), including testing, standards and accreditation .
Likewise, a new law on Labor Dispute Mediation and Arbitration will take effect on May 1, 2008 that clarifies and heightens the potential role of labor relations coordinators within the employment mediation committee. Mediators are described as being "adult citizens who are just, upright, in contact with the masses and eager to engage in mediation work and have substantial legal knowledge, knowledge of policies and ability to implement policies, and a significant educational level". BSR’s project aims to jumpstart compliance on this new law among our member companies operating in China by leveraging CTI to accredit labor relations practitioners to serve as employee representatives in mediation, as well as other capacities.
Project goals
Our goal is to improve human rights and promote better labor relations through the training of professional, CTI-accredited labor relations practitioners, as well as by developing a professional peer network of trainees. This initiative will improve respect for labor rights in China by designing, deploying and refining a system, process and network for training professional labor relations practitioners with the capacity to ensure Labor Contract Law compliance.
The objectives of the project are to strengthen respect for workers’ rights and the new law by:
- Supporting buyer and supplier compliance with the new Labor Contract Law to improve respect for labor rights in Chinese factories that manufacture goods for export to the U.S. and other markets;
- Creating a constituency of trained professional labor relations specialists who shepherd the design and evolution of factory dialogue based on the rule of law, connection to external constituencies and sharing of best practices;
- Developing a network of professional labor relations practitioners to share best practice, exchange information and ensure project sustainability; and
- Cementing project linkages to key stakeholders, including government and enforcement bodies, universities, local trade unions, brands and beyond leveraging the above network.
Methodology
- Labor Relations Practitioner Capacity Building
BSR has developed a comprehensive training program to educate LRP master trainers and individual LRPs at the factory-level in focus provinces. In addition, we are working to design an LRP accreditation process leveraging the CTI platform—a process central to project sustainability.
During the interaction with Chinese suppliers, BSR tailored four training modules for the LRP.
Module One: LRP Fundamentals: Understand Labor Laws and Employment Management
- Professionalism for Labor Relations Practitioners
- Systematic roadmap for PRC labor laws and regulations
- Specific laws and regulations for employment management
- Labor Contract Law and the implementation guidance
- LRP toolkit introduction and sharing
Module Two: Labor Dispute Arbitration Case Study and Conflict Management
- Labor dispute arbitration law and regulation updates
- Government officials perspectives on labor dispute arbitration
- Case study of labor dispute arbitration
- How to deal with conflict and understanding polarities
- Collective negotiation skills
- Proposed procedures to tackle labor conflict and strike
Module Three: How to Build a Participatory Workplace through Worker Engagement
- How to build an effective grievance system to understand workers' concerns
- Worker engagement methodology and good practices
- Manage workforce by regular dialogue with workers
- Trends and risks control for the workforce
- Implement Participatory Rapid Appraisal for worker engagement
Module Four: Positive Human Resource Management and Communication Skills
- What is a positive human management strategy
- How to introduce progressive steps for discipline
- How to provide incentives to improve workers' performance
- How to set Key Performance Indicators to measure and manage worker performance
- How to improve communication skills with workers
- Develop some stress reduction techniques to help manage immediate stress
- In-depth pilot helping factories build systems to manage labor relations
To ensure LRPs can put what they learnt into practice and assist factories build a system to manage labor relations, BSR is collaborating with industry pioneers to consolidate the training impact. In-depth in-factory pilots will create tools, case study and good practices for LRPs.
Step 1 top management commitment and industry
It’s vital to get top management buy-in to ensure ongoing support for this program. BSR will arrange half a day roundtable with top management and let them understand the business case for good labor relations. We also introduce the methodology, process and support necessary in implementing the program. The kickoff meeting is aimed to understand the training needs and labor relations situation of participating factories.
Step 2 Training of the internal LRP trainers
After having the commitment of top management and understanding the current challenges of participating factories, BSR will develop a training course for internal LRP trainers. The objective is to provide comprehensive knowledge in labor relations for employee relations coordinator, human resource staff and union representative. Specific training contents will be developed on the basis of pre-survey.
Step 3 Mid-level management team capacity-building in labor relations
Line managers are vital during the labor relations management. BSR will develop one-day non-LRP training course for all line managers, mid-level management and department managers to provide professional skills in handling employee relations. The training will focus on the skills of communication and prevention of labor disputes.
Step 4 Impact tracking and consolidating good practices
In implementing this program, BSR will be working with participating factories to build a system to manage labor relations such as internal LRP team building, communication mechanism and channels and internal labor risk prevention etc. BSR will track the impact through case study, follow-up plan and regular onsite consultancy to consolidate good practices.
Step 5 Good practices sharing
BSR will hold a seminar after the four steps to share good practices with representatives from participating factories and association.
- LRP Network Development
The creation of both real and virtual LRP peer communities is a key aspect of this project and BSR’s plan for long-term sustainability. This community will support and sustain the LRP accreditation process and secure its survival after the project concludes.
One of the key features of the LRP project involves the establishment of an Association of Professional Labor Relations Practitioners. This Association will serve as an information exchange and networking hub for CTI-accredited labor relations practitioners and will help to solidify a bona fide community of professional LRPs.
The CTI web portal will host a dedicated section for CTI-accredited LRPs to exchange information and experiences, as well as post examples of best practice in factory-based labor relations management.
In an effort to cement the Association of Professional Labor Relations Practitioners and ensure future and sustained relevance, BSR will provide ongoing refresher training for accredited LRPs via a full-time Project Manager. BSR will create a menu of options to maintain LRP accreditation, including online refresher courses, quarterly labor relations “salons” in focus provinces and online best practice postings.
Participating brands
