Sept. 4
No legislation by Nanking is likely to attract more attention' than the law for the control of! labour unions, the general principles of which, drafted by the Legislative Yuan, are now being put into legal form. It has been clear in a number of ways for some time'past, that the Government was beginning to feel the tyranny of the self-styled labour leaders and the menace they are! to public order. Thus, only a few days ago, the Minister of Communications issued a notice to workmen of all classes coming, under the control of his Ministry, reminding them that they are Government servants, who must think only of their duty to the public and must on no account goon strike. The first se of the proposed law says that it shall not be applicable to Government employees of any description, nor to persons employed in educational establishments and public utilities controlled by the State, who may] therefore not form unions nor, inferentially, declare strikes. And the last clause forbids labour unions, except by official permission, to affiliate themselves with those' of any other country. This is an obvious effort to close the door to Red agents from abroad and the Third International, But as we read through the craft, it appears that striking fs to. be made illegal not only: for Government employees but for all workers. Article 11 says that "all disputes between labour and capital shall be settled by. mediation"; "workers shall not wilfully declare a strike in' iolation of the law and Goi ernment orders"; and to thi Article 12 adds that "a labour: union shall not declare a strike result of its failure to el iim demands for increase of wages above the standard wage scale". What the latter may be, obviously admits of dispute, so many different factors bearing upon it, But unless the draft is considerably modified elaborated in the finished cadi the effect of these two articles is surely to make it illegal to strike for any purpose, And from other articles, too long te quote, it would seem that the purpose of the law is to restrict unions to social work—among their members rather than allow them much combative power. It is expressly provided, and wisely so, that no worker can be compelled to join a union and it, being in it, he wishes to resign, is to be free to do so. Article 14 is also important: 'a union, it says, "shall be responsible for. any damage which may have been inflicted on a third party by its staff members when forming their duties", stretching of this article is needed to make it cover intimidation of workers, An interesting question arises, How far will foreign employers be able to claim the protection of this law? Take, for example, the recent strike at the Shanghai Water" works, No one, we believe, would pretend to deny that this Company's employees are well paid and well treated, that they enjoy some exceptional advantages and that the great majority, of them desire only to be allow= work in peace; further-_ more, that the strike was the work of a few malcontents, who, as 80 often has happened, suc ceeded in terrorizing others and actually assaulted some who had stuck to their work. Clearly the new law ought to be applicable to such a case, Yet as a weak point in it, whoever may claim its protection, if men insist on "downing tools," by whom and by what means will they be compelled to take them up again?, Moreover, what will happen in the case of a political strike? The oldest weapon of the Chinese public is to close all shops, and they will not surrender it for any law. Possibly there m be loophole in the fact that such occasions no union is cone cerned. And from this it would appear that the best plan for workmen, anticipating that they may wish to go on strike, would be to.begin by not forming union, A debateable article is that which says that a union- "shall accept the highest local Party Headquarters ay its advisory, organ, and the Provincial, Municipal "or District Government authorities concerned as its supervisory organ."—Now the fact cannot be concealed that the Tang Pu, that is the local Party Headquarters, have in several places made themselves decidedly unpopular, and it may be doubted whether in any area employers and employed will welcome their intrusion into, questions at issue between them. This is the basis of the proposal recently made by the Shanghai" General Chamber of Commerce for the appointment of a joint Chinese and foreign board of arbitration to deal with labour disputes in the International Settlement. A great hubbub was made in the Chinese press, which talked nonsense about encroach+ ment on China's sovereign rights and a protest to be made by the Mayor, all obviously absurd im the case Of a mere proposal, which simply had to be refused. But the uproar clearly showed which way the wind was blow-. ing. It may safely be said that put labour organizations under the control of political patties is a risky proceeding such parties are fluctuating la. character and composition and they cannot be expected to have' the necessary knowledge of law or to be qualified to act in the judicial capacity, which the pro" Bored law would confer on thes, That Chinese labour unions nef bringing under some sort discipline, is undoubted. Bub the law as drafted appears to
Text read from the printed page and cleaned; old type leaves the occasional error.