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Over the past 20 years since the carryout of the policy of reform and opening, China's international labor service cooperation has developed rapidly, and good economic and social benefits have been achieved. The cooperation played an active role in respect of increasing the State's foreign exchange revenue, enlarging employment, driving local economic development, and promoting the reform and opening, and so on. With the continuous extension of China's international labor service cooperation, the disputes and outbreak incidents of dispatched labor services have occurred from time to time. Such incidents are features by collectiveness, unexpectedness and complexity, and will, if settled inappropriately, not only affect the healthy development of China's international labor service cooperation, but also affect the China's prestige, or even induce factors of social instability. In order to regulate the administration of international labor service cooperation, establish a rapid and effective mechanism to settle disputes or outbreak incidents of overseas labor service, clarify the duties of the relevant departments in settling disputes or outbreak incidents of overseas labor service, and earnestly protect the lawful rights and interests of labor forces, we hereby give our notice as follows regarding the relevant issues on settling disputes or outbreak incidents of overseas labor service upon consultation with the Ministry of Foreign Affairs: I. The commissions (departments, bureaus) of foreign trade and economic cooperation of the people's governments of all provinces, autonomous regions, municipalities directly under the Central Government and cities directly under State planning (hereinafter referred to "the competent departments at the provincial level for foreign trade and economic cooperation") shall be pay special attention to the disputes and outbreak incidents of labor service arising abroad out of China's international labor service cooperation by focusing on former President Jiang Zemin's Theory of "Three Represents", establish a mechanism of rapid response to disputes or outbreak incidents of overseas labor service, as well as timely and appropriately settle the problems arising. II. Disputes of overseas labor service mentioned in the present Notice mean problems or incidents that occur abroad between labor forces and a domestic legal person enterprise with the operational qualification approved by the Ministry of Commerce (hereinafter referred to "operation company") in the process of the operation company's carryout of international labor service cooperation, or between labor forces and the employer, which must be coordinated or settled by the Chinese embassy (consulate) in that countries. Outbreak incidents of overseas labor service mean the events that the personal safety of the labor forces dispatched by the operation company or of the labor service managers is threatened, that major casualty occurs, that the properties suffer from heavy losses, and events such as collective incidents of labor force, emergent incidents caused from wars, natural disasters and other force majeures. III. To settle a dispute or outbreak incident of overseas labor service, the territorial principle shall apply. That is, the responsibility to coordinate or settle the dispute or outbreak incident of overseas labor service shall remain with the competent department at the provincial level for foreign trade and economic cooperation at the place where the Chinese operation company concluding a contract with the foreign party is registered, and the competent department at the provincial level for foreign trade and economic cooperation at the domestic domicile of the labor forces shall provide cooperation. Meanwhile, the principle of "whoever concludes a contract with the foreign party shall bear the responsibility" shall also apply. That is, the responsibility to settle the dispute or outbreak incident of overseas labor service shall remain with the operation company concluding a contract with the foreign party with the guidance of the competent department at the provincial level for foreign trade and economic cooperation and other relevant departments. The disputes or outbreak incidents of overseas labor service arising from labor forces dispatched by enterprises under management of the Central Government shall be settled by the said enterprise under management of the Central Government with the guidance and coordination of China International Contractors Association (hereinafter referred to "the Contractors Association"), and the competent department at the provincial level for foreign trade and economic cooperation at the domestic domicile of the labor forces shall provide cooperation. IV. After the occurrence of a dispute or outbreak incident of overseas labor service, all competent departments at the provincial level for foreign trade and economic cooperation, the embassies (consulates) in that country and the Contractors Association shall cooperate closely, perform their respective duties, and settle the dispute or outbreak incident appropriately in time, so as to protect the lawful rights and interests of the operation company and of the labor forces, and to avoid any foreign-involved incident which might damage China's prestige or lead to diplomatic dispute. All departments shall be respectively responsible for the following work: (1) The competent department at the provincial level for foreign trade and economic cooperation shall be responsible for, pursuant to the requirements of the people's government of the province or city where it is located (hereinafter referred to "the local government"), the Ministry of Commerce and the embassy (consulate) in that country, coordinating and arranging for the settlement of the dispute or outbreak incident of overseas labor service; timely and actively communicating with the embassy (consulate) in that country and feeding back information; giving scope to the mechanism of aiding dispatched labor services, and urging the relevant operation company to settle the dispute or outbreak incident rapidly and appropriately; and, where necessary, sending the working team and the operation company to go abroad to carry out the work. (2) The embassy (consulate) in that country shall be responsible for timely reporting the occurrence of the disputes or outbreak incidents of overseas labor service, rendering suggestions on settlement; doing well in stabilizing the mood of the labor forces; guiding and assisting the operation company and the dispatched working team in carrying out their work; providing the relevant foreign documents of proof where necesary. The responsibility to settle disputes or outbreak incidents of labor service in the countries with which China has established no diplomatic relations shall remain with the custody embassy (consulate) in that country. (3) The Contractors Association shall be responsible for assisting the government departments in investigating and knowing about international labor service cooperation of the relevant operation companies involved so as to provide relevant documents, render opinions and requirements on the settlement of disputes or outbreak incidents of overseas labor service to the member enterprises from the angle of industrial self-discipline, urge and guide the enterprises under management of the Central Government to rapidly settle the disputes or outbreak incidents of overseas labor service pursuant to the requirements of the Ministry of Commerce and the embassy (consulate) in that country. V. Procedures for Settling Disputes or Outbreak Incidents of Overseas Labor Service (1) After the occurrence of a dispute or outbreak incident of overseas labor service, the embassy (consulate) in that country shall first take measures to assist the operation company in stabilizing the mood of the labor forces, rapidly investigate into the causes of the dispute or outbreak incident, and directly report the relevant information, suggestions or requirements to the local government, the competent department at the provincial level for foreign trade and economic cooperation or the Contractors Association, and send copies to the Ministry of Commerce, the Ministry of Foreign Affairs and other relevant government departments. Meanwhile, it shall guide and help the operation company negotiate with the foreign party, or directly request assistances from the relevant government department of the country where it is situated. (2) The competent department at the provincial level for foreign trade and economic cooperation shall, after receiving the circular of the embassy (consulate) in that country, immediately initiate the mechanism of rapid response to disputes or outbreak incidents of overseas labor service upon the suggestions and requirements of the embassy (consulate) in that country, research the measures and arrange for the implementation. The relevant measures and the implementation thereof shall be directly fed back to the embassy (consulate) in that country at any time, with copies made to the Ministry of Commerce, the Ministry of Foreign Affairs, other relevant government departments and the Contractors Association. With respect to the disputes or outbreak incidents of overseas labor service which involve more than one department within the jurisdiction, the competent department at the provincial level for foreign trade and economic cooperation shall timely request the local government for unified coordination or settlement. Where a working team needs to be sent abroad, the said team shall, after its arrival, immediately contact the embassy (consulate) in that country, and carry out its work under the guidance of that embassy (consulate). With respect to the major issues in the process of on-the-spot settlement, the working team shall directly report to the local government in time, and send copies to the Ministry of Commerce, the Ministry of Foreign Affairs, the relevant competent government departments and the Contractors Association. (3) The Contractors Association shall, after receiving the circular on dispute or outbreak incident of labor services occurring abroad to the labor forces or labor service managers dispatched by the relevant operation company under management of the Central Government, immediately urge the operation company to take settlement measures, and demand the relevant company to report in writing the settlement measures and the progress directly to the embassy (consulate) in that country as soon as possible, and send copies to the Ministry of Commerce, the Ministry of Foreign Affairs, the relevant competent government department and the Contractors Association. VI. If, during the labor service cooperation with Hong Kong or Macao Special Administrative Region or Taiwan region, any dispute or outbreak incident of labor services occurs, it shall be settled with reference to the present Notice and in accordance with the relevant provisions on carrying out labor service cooperation with Hong Kong and Macao as well as Taiwan region. VII. The present Notice shall come into force on the date of promulgation. All competent departments at the provincial level for foreign trade and economic cooperation are requested to, within 60 days after the present Notice is promulgated, report the relevant information on the establishment of the mechanism of rapid response to disputes or outbreak incidents of labor service, and the name and telephone number of the principal responsible person to the Ministry of Commerce. |
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