Introspection On The Forming Mechanism Of Working Conditions Of Our Country By Analyzing ’Pre-achiever Application’

On November2nd2010,there is an article called ‘pre-achiever: we give up resttime for money’ published on”China Labor and Social Security News”. The articlefocused on the famous ‘pre-achiever application’ event happened in HuaWeiTechnologies Co.,Ltd. Since September2010the employers of HuaWei companyasked their employees to apply to become a ‘pre-achiever’. At the same time theysuggested that ‘pre-achiever’ would be considered more qualified to attain moreyear-end bonus and more stocks,and to get promotion or a raise.However, as aresponse the pre-achiever application must contain the article as follows:I apply tobecome a pre-achiever of our company, and I am willing to give up my paid annualleave, marital leave and paternity leave. Also I won’t ask for overtime pay if I workextra time voluntarily.‘pre-achiever application’ event attracts broad attention, because the workingconditions of the employers of HuaWei is very worrying and people are shocked byHuaWei’s wolf culture again. The conflicts between HuaWei and its employees isone of the most typical labor-capital conflicts in our country at the present stage.Therefore from the perspective of labor law, my paper concentrate on thefundamental cause of ‘pre-achiever application’ event, at last try to fix the problem.This thesis is made up of four chapters. The first part is the analyses on legalproperty and validity of ‘pre-achiever application’. Firstly regarding ‘pre-achiever’as a act of contract, I start with studying each element of ‘pre-achiever application’.Then I find out its property is the modification of labor contract. According toregulations on the invalid labor contract in Labor Contract Law, I get the conclusionthat ‘pre-achiever application’ is valid, so it has legal binding force for the employers.The second part has discussed the impact of ‘pre-achiever application’ on thelaborers’ rights. The aim of this part is to see the consequence of this absurd ‘pre-achiever application’. I think it has bad impact on the rest right and remunerationright of the employers of HuaWei company. In my opinion, when dealing with thelabor rights which has multiple and abundant connotations, the protection mechanism which could lead to the result as ‘pre-achiever application’ is reallydisappointing and fails to meet the need. The third part reveals the fundamentalcause of ‘pre-achiever application’ event. It’s the forming mechanism of workingconditions of one country that is the reason of a agreement about working conditions.Ours is the typical national integration model. I content our forming mechanism ofworking conditions have some situations including trade union lacking itsindependence and the clear definition of responsibilities, collective bargainingbecoming nothing more than a formality, enterprise labor regulations becoming themost important basis of working conditions and the labor standards being hard to beimplemented. And I believe forming mechanism of working conditions of ourcountry causes the born of ‘pre-achiever application’. Facing these situations the lastpart of my paper brings up a suggestion that considering the reality of our country,we could try some possible ideas learning from autonomy model. The key point ofthis trying is to make trade union work. I suggest we should start from the measuresas fellows: to encourage the development of industry trade union, to confer tradeunion’s right to strike and to let trade union play a role during the process of makingthe enterprise labor regulations.We have the tradition of state intervention in labor relations. However as thechange of labor supply and demand, economic growth mode and employers’ demand,the tradition has to reform. In this paper I am trying to reflect on forming mechanismof working conditions of our country by analyzing ‘pre-achiever application’. Thenwe may realize that it’s time for the state to relocate its position in the formingmechanism. I hope by giving some room to autonomy we could keep the balancebetween labor and capital, and avoid another ‘pre-achiever application’.