
Labour Rights Litigation
- IntroductionLitigation is one of the few avenues open to ordinary Chinese workers seeking redress for violations of their labour rights. CLB is committed to helping workers bring law suits against employers and government agencies across the entire spectrum of labour issues from non-payment of wages and benefits to discrimination and workplace injuries.
- Discrimination CasesEmployment discrimination is widespread and widely tolerated in China. Women and older workers are routinely discriminated against in the workplace, as are the 120 million people living with the Hepatitis B virus. CLB has now made HBV discrimination a major focus of our litigation work.
- Industrial Injury CasesAccidents, injuries and deaths in China’s coal mine, construction and manufacturing industries are distressingly commonplace. Moreover, many workers have to contend with chronic illnesses such as silicosis brought on by unsafe working conditions. Suing for compensation is very often the only method of seeking redress open to injured workers.
- Criminal CasesBecause China currently lacks effective democratically elected unions that can represent workers in disputes, workers are often left with no option but to strike and stage public demonstrations in support of their demands. This leads them open to criminal prosecution, and these cases CLB will endeavor to provide a robust defense for them.
- Non-Payment Of WagesBy far the biggest single cause of labour disputes in China is the non-payment of wages. Very often the entire workforce can go without wages or overtime payments for several months at a time. Workers can sue individually or collectively, although courts often impose restrictions on the number of workers in each collective case.
- Pension, Redundancy and Economic Compensation CasesEmployers and local government agencies will very often offer unacceptably low redundancy, pension or other economic compensation deals to workers, or subsequently renege on agreed compensation packages, leading to long-running disputes that can drag on for many years.
- Imprisoned WorkersOver the last two decades of economic reform, millions of workers have been laid off without due compensation, while millions of others continue to be exploited, working long hours in hazardous conditions. Many legitimate workers’ protests seeking redress for these rights violations have been branded as "illegal demonstrations". And, as a result, many ordinary workers have been arrested, detained and sentenced to prison terms.