On The Legal Protection Of Local Labor Rights And Interests By Chinese-Funded Enterprises In Zambia

In recent years,the scale of investment of Chinese-funded enterprises in Zambia has been expanding,the Chinese-funded enterprises recruitment of local workers is increasing,the protection of local workers' rights by Chinese-funded enterprises which has been paid much attention by Zambia and China.Zambia's law and regulations on the protection of labor rights are perfect,but its economy is less developed,and the employment situation is grim,and some Chinese companies are too focused on profitability.There is not sufficient protection for local labor rights and interests of Chinese-funded enterprises in Zambia.The protection of the rights and interests of the local workers in Zambia's Chinese enterprises is inadequate,mainly in the following five aspects:Firstly,the main inadequacies of Chinese-funded enterprises on the local labor's rights protection are showing no sign of labor contract,and providing unequal employment opportunity,and not paying attention to the role of trade union organizations.Secondly,the inadequacies of protection for the right to occupational health and safety of the local labor of Chinese-funded enterprises in Zambia are insufficient supply of basic security measures with the enterprises,and insufficient working conditions for local workers,and no effective protection of occupational health and safety of local workers.Thirdly,the inadequacies of protection for the right to leave of the local labor of Chinese-funded enterprises in Zambia are to improve the efficiency of production,the profits,and to reduce local labor's holiday.Fourthly,the inadequacies of protection for the right to remuneration of the local labor of Chinese-funded enterprises in Zambia are because of excessive pursuit of profits,too low labor paid,and phenomenon of arrear of local labor remuneration.The fifth,drawback of protection for the right to social security of the local labor of Chinese-funded enterprises in Zambia who provide the insurance benefits,welfare housing,transportation subsidies are not enough.The reason of these defects are the Chinese-funded enterprise are not familiar with Zambia labor law;the deficiency of management system in internal Chinese-funded enterprise;the legal consciousness of Chinese-funded enterprise is not strong;law enforcement agencies of Zambia not conscientiously implement the labor law;the type of local international management labor lack seriously.To improve Zambian Chinese-funded enterprises on the legal protection of local labor rights from the following two aspects:(1)Improving the protection of local labor rights from internal enterprise: to strengthen internal consultation,and to take the social responsibility positively,and to make the management system perfectly basis on law,and to improve the legal consciousness,and to learn special treatment system from other country's;(2)Improving the protection of local labor rights from external enterprise: intervened by the government between China and Zambia or relevant departments,and pay more attention to the role of trade unions outside enterprises,improving the system of labor dispute settlement in Zambia,and to avoid local labor conflict with Chinese-funded enterprises,or to resolve the dispute between Chinese-funded enterprises and the local labor.In order to achieve the goal of "mutually beneficial cooperation and common development",the Chinese government should have more clear guidance,and to strengthen the supervision of multinational enterprises and external propaganda,to avoid external misunderstanding to Chinese-funded enterprises,and show a better image of China to the world.