Mainland Media

Ruling removes legal fees for migrant workers in Beijing (Xinhua 27th July 2005)

In a move which could have more practical resonance than many of the other showcased reforms in recent years, the Beijing High People’s Court recently ruled that migrant workers do not need to have to pay legal costs in the pursuit of wage arrears.

On 25 July the Beijing High People’s Court ruled that when migrant workers file cases against their employers over missing wages they will not have to pay legal costs and they will no longer need to prove their financial difficulty to get aid. Other costs [exactly what these are is unclear] can be delayed, reduced or paid by the employer if the migrant workers win the case.

The ruling has taken effect immediately in all courts in Beijing municipality and is a practical improvement in a migrant workers ability to obtain missing wages. The majority of the China’s legal reforms concerning migrant workers, while looking good on paper are not implemented in reality due to a lack of will on the part of the authorities or a lack of resources – both in terms of manpower (such as in OSH inspections) and in terms of finances (such as in legal aid).

Previously courts asked for documents from the employers stating that the workers in question did not have the money to pay for the necessary legal fees – in practice this was almost impossible to obtain as there was little if any incentive for the employer to provide the document needed before he/she could be taken to court. As one Beijing lawyer interviewed by Xinhua stated; “…if you are suing your boss, how can you get approval from him?"

The court also ruled that it may order the migrant workers' missing salaries to be paid before the trial is finished if the final judgment is clear. However, despite this provision there are many cases where even a positive court decision has not resulted in payment of the missing wages as employers refuse to pay or institute delaying tactics. The ruling also stated that court will decide the day the case is filed whether to accept it and will resolve it within 15 working days. The need for prior payment of fees for the freezing of employer assets has also been removed.

The number of disputes concerning migrant workers is steadily increasing and the majority concern missing wages. The highest number of such cases is in the construction industry as many of the migrants employed do not receive written contracts and many are under paid.

Other courts, such as in Guangdong province, are also initiating new rulings to improve free access to the law for migrant workers. It remains to be seen how much of an effect this will have for the millions of migrants working without formal contracts in China’s boomtowns. It is also questionable whether or not courts can handle the inevitable rise in cases that this ruling may bring – many migrants resort to protests or threats of suicide after delays and obstacles to attempts to obtain back pay.