KWANGTUNG LABOUR LAWS.
ELABORATE CODE FOR DEALINGS BETWEEN
MASTERS AND MEN.
"TO SAVE FACTORIES FROM "
BANKRUPTCY.”
(FROM DER CHINESE ÇORRESPONDENT. |
CANTON, July 28th. The Department of Labour and Peasantry of the Kwangtung Provincial Government, prior to its incorporation with the Depart ment of Reconstruction, drafted a set of labour rules and 'regala. tions. The primary objects of these regulations are to limit the power of the labour unions. to give the merchants and manu turers a better chance to carry on their enterprises, to rectify in some
measure the disturbances in the business and industrial world caused during the Communist regime and to promote a better understanding and closer co-operation between capital and
labour.
In view of the impracticability of the labour regulations concluded between labour and capital at the time when the eituation was entirely dominated by the Red elemente, Commis- sioner Ma Chiu Tsoon, of the Labour and Peasantry Bureau, was afraid that owing to these regulations many factories would be forced to close and their workmen would lose their jobs. Instead of improving the conditions of the labouring class, the regulations would deprive them of their living.
TRADE UNIÓN CODES REVISED.
Acting under instructions of the Canton Branch of the Central Political Council, the Department concerned has duly, issued orders to the respective labour organs directing them to submit the full text of" their regulations for examination. As a result, over one hundred of these unions seat in the required reports.
The Examination, Committee" held 17 meetings to deal with these papers, and as an outcome, the following Provisional Labour Law was drafted for guidance of the labouring class. It is under- stood that under the new Labour Law, only those regulations which are not considered detrimental to industrial development will be allowed to stand, the rest being cancelled.
The aim of the Law are to save the factories from, bank- ruptes and at the same time to prevent the workmen from losing their jobs.
A free translation of the Labour Law followe:
Section I,
Should all the workinen of the same This law shall not "be ap-Ruild desive rest for certain extra- plicable to any enterprise under ordinary purpose, they would be the direct control of the Govern- required to obtain permission in advance from the proper author- ities.
ment.
2. This law shall not be applic able to temporary workmen, except when the engagement is made under a contract or on certain terms agreed upon by the two parties concerned."
Section II.
1.-In engaging employees, em ployers must employ members of the labour union concerned, except under the following conditions)-
(a) When the anion has not been established.
(b) When no workmen as desired can be found among the members
of the union concerned.
(c) When the union has insuf- ficient members to recommend or its members are unwilling to ac- cept the offer.
2- firms or factories find it necessary to have their workmen at work on a holiday, the workmen must be given double wages for that tiny.
THE HONG KONG DAILY PRESS.
Section VIII.-Dismlasa). 1-Workmen van be dismisscă. under the following conditions, without the usunt seven days' notice, and in the event of not giving such notice, seven days wages and food money must be given.
().When a charge is proved against a workman of violation of the law,
(b) When the firms or factories close up through financial failure (c) For repeated breaches - of contract or regulations without good reason.
(d) For absence for three or more successive days or of over six days in a month without good
Yeason.
-In the following circumstances employers can dismiss their work- men by simply giving o 13 days' notice and a half month's extra wages and meal fees:
(a) When factories or firma re- duce operations through un- favourable business conditions.
(b) When it is necessary to suspend operations for a period
to business conditions for the Inetary to suspend operations for at least two months.
FRIDAY,
CANTON'S MUNICIPAL
GOVERNMENT.
TO HAVE A "PÜKKA” MAYOR.
Y 27th, 1928,
JULY
LARCENY BY POLICE?
PHOTOGRAPHS TAKEN FROM WITNESS'S HOUSE
MR. LINDSELL'S GRAVE DISAPPROVAL.”
The right of the police to enter the house of a witness and abstract the Central Magistracy yesterday photograph was questioned at inorning. The agistrate, Mr. K.
Following their policy of re organising the various Provincial Governments of the country, the Nationalist Government recently sent to Canton n set of regulations governing the constitution of Muni, cipal Governments. These regula Lindsell, expressed his grave tions were found unsuitable for disapproval of the whole procedure. The point was raised by Mr. C. Canton, and the Branch Political
Balmer Johnson who is watching Council therefore instructed the the proceedings on behalf of the Committee of Reconstruction to accused's father in the case in draft special rules for the organisa.which Fox Chung Yuen is charged tion of the local Municipal Govern-"
ment.
The Standing Committee duly took the matter in hand, and have now proposed & aumber of minor amendments.
ና፡
The principal change in the con- stitution of the Municipal Govern-
A
of two months through damagement is the appointment of done to the factory plant,
(r) When it is necessary, owing Mayot to preside over the Govern ment. Hitherto although it has been popularly supposed tha: Can- ton had a mayor, such an office has not existed, the term being applied to the Chairman of the Municipal
(d) When the workmen are un- able to perform,the work. 3-After dismissing employees fur "the
rensons mentioned in Articles (a) to (d) inclusive, firms or factories must not engage other workmen or any apprentices with- in four months."
Council.
Under the new constitution of the Municipality, there will be seven bureaux, Finance, Education, Public
Public Works,
Safety, Public Health, Land, and Social Affairs. The Inst is really the
Bureau of Public Utilities under à new title.
The Purchasing Com- mittee will be strengthened, and its powers will widened; it will also be in charge of public utilities.
*
4-In dismissing employees on the 2nd day of the fist moon of the lunar calender, employers are re- quired to give a month's notice and one month's wages and meal fees. In the event of not giving such notice; a sum equal to two months' wages and meal fees must be paid. Special rules are to be drawn up 3. In the following circumstances by the Committee of Reconstruction employees can resign at any modelineating "the duties and func ment, provided they give 10 days' tions of the Purchasing Committee notice, and at the same time they and the Bureau of Social Affairs. may ask for a half month's wages-Canton Gazette. and meal fees:
(a) Employers failing to pay regularly.
(6) When employers violate the Labour Law and fail to perform their share of the contract.
(c) When ill-treatment by em- ployers or their agents can be proved..
(d) On the 2nd day of January of the lunar calender.
6-Workmen, whose resignation on the 2nd day of the first month of the lunar year on at any time affects
Section V-Substitutes. 1-When deemed necessary to find substitutes during leave of absence. workmen are required to get per-even partially the productive capa mission from the employers, and city of the factory or in any way the wages of such substitutes are" causes suspension of operations aro to be paid out of that of the work to be held responsible for the losses men concerned, except on holidays and damages incurred. They are when they are paid by the employ. not to be permitted to claim for the
era,..
extra wages or meal fees, unless
When engaging substitutes to they have informed the employers take the place of workmen who are in the manner laid down in the
leave because
of marriage, Article mentioned.
on
() When apprentices or mes bereavement or illness, arrangement sengers only are desired.
(e) When the service of clerks should be made between workmen only wanted,
and employers in accordance with In employing foki other than members of the proper union, the usual practice.
Section VI.-Treatment.
employers must see that the num-) ber of such employees should not exceed that of the Union em- 1.-Workmen are still permitted, ⚫ployees by 20 per cent., excluding to attend feasts on the Dragon Boat'
these engaged under articles 4 and
5.
"
2-Employers may exiploy any members of the union concerned directly without referring to the "numerical order" arranged by the Union, provided they notify them not later than three days after the engagement."
and Mid-autumn Festivals and other big festivals. Problems ree pecting feasts on other "big days" in the years are to be decided by the employers.
2-The food provided by the era. players must be wholesome.
3-Employers must pay their workmen at the end of the month, except under extraordinary circum stances
Section IX-Fees. i-Detailed statements of re-
venue and expenditure must be sub- mmitted, for approval the local au- thorities.
2-The subscription fee of each member of a union must not exceed per cent. of the monthly wages of the member concerned and non- union members are not to be subject
to any payment.
3-After obtaining an increase in wages, labour unions are not per-
mitted to collect any fees from their members or the employers of their
members.
Section X-Eights. 1-Employees are not permitted, to interfere with the employers in the installation of new machines or other improvements.
3. I no answer to the letter of 4-Employers should give at least information is received from the two bours to apprentices under 16 union concerned respecting recom- day.
years of age to attend school every mendation of its members, employ 5.Medical fees for workmen in ers are at liberty to choose persons jured while performing their duties
are to be paid by the employers 2-Employees are not permitted and within four months' treat ment period," the latter
to interfere with the employers in make any dismissal and are requir- the purchase of manufactured or ed to give the pay accordingly.
semi-manufactured articles. 6. If workmen die
3-For managing the union af maimed while performing their duties, compensation aust be made fairs, executive members of the of not less than half a year's labour unions are not permitted to apply for leave of absence on 4.7 wages.
average of over 24 hours each month.
other than the union's "members.
4.-In the controlling body labour must be properly represented in a proportion to be duly laid down.
5-In employing workinen, -em- players pro not permitted to impose terma that will stop the employees from taking part in the union's affairs.
ރ
or are
CANTON'S WATER
SHORTAGE.
ANOTHER WATERWORKS
NEEDED.
Canton has been suffering from deficiency of potable water for several weeks past, the shortage being most severely felt in the Wai, Commissioner of the Burent Tungshan outskirts. Mr. Fing
of Public Utilities has ordered an
with forgery involving a deed of assignment by "which "8110,000 was obtained from the Bank of Canton.
Mr. Bulmer Johnson stated that client to compel his attendance as a warrant had been issued to his
witness on the 19th July. Two days before the warrant was due a plain clothes Europeah detective. had entered his client's house ac companied by Mr. Un How Fan, Secretary to the Bank of Canton, had taken away, a photograph of the complainant in the case, and the accused.
Further after the warrant had expired on 20th July the Sergeant returned to the same premises put back the first photograph and took a second one. That Mr. Bulmer Johnson submitted amounted to trespass and larceny.
Mr. Bulmer Johnson: To go and Mr. Liadsell: Hardly larceny? steal a photographi
Mr. Lindsell: You cannot say that the police had any intention of permanently depriving your client of the photograph.
Sergeant Clemo, questioned by Mr. Lindsell, admitted having taken the photograph and added that he was acting under the in- structions of the acting C.D.I.
Mr. Lindsell: On what authority did you enter the premisee on the 20th?
Sergeant Clemo: On the war- raat for the arreet of Fok Kam Chuen.
Mr. Lindsell: Warrant for the arrest of Fok Kam Chuen ? I should like, to see that..
The warrant was handed up to the Magistrate, "who, reading from it, said that it was a warrant to produce Fok Kam Chuen in Court on Thursday, July 19th.
Mr. Bulmer Johnson: Will your Worship ask the Sergeant what he did with the photographs 7-
Sergeant Clemo: I had come photographs taken of the photo- graphs.
Mr. Bulmer Johnson: I ask for them to be returned. It is a very serious matter, The whole thing is so irregular that I press for the whole of them to be returned.
Mr. Lindsell: I am afraid I have
no power to order that. I can only exprese my grave disapproval of the whole procedure. It is a investigation to be made into the matter between you and the Cap- working of the Water-works Com-tala Superintendent of Police. ***
pany and the report states that the plant of the Water-works Company and that no blame could be attach- has been working at full pressure
ed to the company for the shortage in the supply to the city mains. They attribute the shortage to the enormously increased consumption per capita at this time of the year. Mr. Fung Wai is reported to have petitioned the Municipal Gov: ernment to take steps immediately
DANGERS OF DEPUTISING. DEFENDANT'S PLEA IN TRIAD CASE.
The case was continued at the Kow.oon Magistracy yesterday be- fore Mr. W. Schofield in which two Chinese are accused of foreing a
to
join a Triad
man by threats Society.
Sub-Inspector Carey said that when the complaint was made he have 820 in notes and he took the asked the complainant to let him, to begin the construction of a pot-numbers. It was directed that the able water supply system for both money should be handed over on Honam and Tungshan which will demand and two district watchmen ensure the inhabitants of that dis were told off to follow the men. triet getting ample water for their use, while at the same time the de- will be lightened-Canton Gazette. mand on the present water system
WHAMPOA PORT CO.
MANAGEMENT BEING RE-
ORGANISED.
Cross-examined by Mr. d'Almada for the 2nd defendant, witness agreed that he made ao inquiry.
the arrest of the two defendante quiries were made, however, after before he took up the case. En-
were
Police Sergt. Wallingford said that he searched the two defen dante when the watchmen brought them to the station. He found 820 op the first defendant. CTOBE examined, witness said he knew that a trap was being laid bat he did not know the nature of the Since his appelaient as Direc-ikely to be found on them.
charge or what sum of money was tor-General of the Whampoa Port cannot
Mr. Loseby (for first defendant): Development Company, Mr. Li Lu They were put in the cells without Chao, a member of the Provincial the charge against them -My in- inquiry and without your knowing. Government Council, has been en-structions were to detain them gaged in drafting a new set of till Sub-Laspector Carey came along. rules governing the management of There is no regulation against keeping a man for a few hours the company. These rules will be while inquiries are made. submitted to the Branch Political One of the district watchmen Council for approval before being said that the defendante adopted..
pointed out to him by complain- ant as men who had threatened According to the draft rules, him. He was called to the cori- there will be a secretariat in the plainant's quarters three days later Appended Regulations. office of the Director-General be (on July 17) and was told that be, 1-Agreements between labour sides the Department of General complainant, had been told to pay and capital, when found to be con-
Affairs and the Department of up 233 and that it he refused he Works. trary to these regulatoins, are to be
would be stabbed. It was in con considered null and void, no matter
In the first named department when they were concluded between the two parties concerned.'
there will be Accounting, Cashier,equence of this that he took the Capital, Bonds, Auditing, Miscel the trap was laid. When they.met man to Bub-Inspector Carey, and laneous Affairs, and Lands Bee- 2-Any-articles in the Pro- tions. Under the Department of defendants, witness saw the money. visional Regulations or Rules for Works there will be Sections for handed to them but did not hear formerly promulgated for settlement Planning. Construction, Material, when arrested, declared that he what was eaid: First defendant, of disputes between labour and and Supervision. capital, are to be considered in- valid when they contravene these Each Department will have a de- was acting as another man's repre- regulations.
charge will be placed in charge of The second defendant, said: "I the different sections.
am a business man, it doesn't con- discretion, engage experts as ad-
The Director-General may, at his cern me."
visers or councillors to his office.
7. Employers are required to 6-In taking apprentices, direc-members on equal terms.
treat union members' and non-union tors of factories are not permitted 8.-When giving birth to a child, to engage them in such number as woman workers should be given two will exceed the professional work months' leave of absence, fe., one month before and one after confine- men at the factories.
ment, and also be given the wages Section III-Term Of Engagement. as usual.
1-Permanent workmen are those section VIL-Hours For Working. who are paid monthly or yearly, 1-The working hours for work Odd jobbers are those who are paid men at firms and craftsmen cach daily, but workmen of this sort are day should be fixed on basis of the to be considered as permanent when usual practice. they have been with the factory over a full year.
•
J
2-The working hours mechanics must not Le less than 8 nor more than 10 per day. For every additional working hour, one quarter daily wages must be given, except for odd jobbers....
Section TV. Holidays. 1.-In addition to those holidays as fixed by the Government for commemorations, new year and fer tivals, which will be announced by 3. Working hours for boy or girl the proper authorities, workmen machinists should not exceed a shall have at least one day a month. hours per day.
4-Workmen are not permitted to caereach upon the employers' right of administration.
啡
3.-These regulations will take effect immediately they have been passed by the Canton Political Council.
1:
partmental chief, and clerks-in-sentative.
The hearing was adjourned, both defendants being allowed bail.
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