September 1922 Petition Regarding the Labor Bill The question of labor has been a pressing issue since the onset of the Industrial Revolution in Europe, and now, more than a century later, countless statesmen and political theorists have devoted themselves day and night to its study without ever arriving at a fundamental solution.
However, the advanced nations of Europe and America, having accumulated extensive experience, have drawn invaluable lessons from this struggle.
As a result, labor protection statutes have been codified, enabling formerly impoverished and voiceless workers gradually to attain equal standing with other citizens, thereby stabilizing national affairs to some extent.
Most recently, Soviet Russia has gone even further, establishing a worker–peasant government entirely by and for the working class, which has seized political power; the country’s constitution was drafted solely by workers.
This clearly demonstrates that the working class occupies a crucial position in nation-building.
Such is the universal law of natural evolution, beyond dispute.

In recent times, Chinese workers have likewise become increasingly conscious of their rights.
In regions where industry has begun to develop, laborers have been organizing into unions, seeking collective action to improve their conditions and alleviate their suffering—actions that are entirely justified.
Moreover, when labor–management disputes reach an impasse, strikes undertaken in self-defense are fully warranted: the right of workers to strike in solidarity is an inherent right, beyond reproach.
Unfortunately, China’s intellectual elite have long harbored a disdainful attitude toward labor, while workers’ efforts to form organizations and engage in legitimate activities remain unprotected by adequate legislation.
Consequently, those who wield political power within the country can arbitrarily oppress workers and view unionization and lawful protest with particular hostility.
Hence, in recent years, labor–management conflicts have frequently escalated into manifestly unequal treatment of workers, occurrences that are all too common.
Those currently in control of the government appear oblivious to global trends and the very foundations of statehood, presuming that workers are easily exploited—an egregious error indeed.
Furthermore, past lawmakers were constrained by entrenched prejudices and failed to recognize these realities.
It is no wonder, then, that China’s working class continues to suffer in silence, a situation truly lamentable!

Yet it should be understood that workers are full-fledged citizens of the Republic of China.
In accordance with the principle of equality before the law for all Chinese nationals, workers ought to enjoy legal protection and not be subjected to arbitrary discrimination.
Indeed, as workers constitute the vast majority of the population, any policy aimed at maximizing the welfare of the greatest number must necessarily prioritize their interests.
After all, the very foundation of the state rests upon domestic producers, not consumers.
Anyone with even a basic understanding of modern politics, society, and economics would readily concur with these points.
Workers are the primary producers in society, bearing the heaviest burden among all social classes, enduring the most arduous conditions, and making the most significant contributions to both the nation and its communities.
Nevertheless, past legislators have lavished protection upon a small minority of privileged groups and non-producing consumer classes, while callously ignoring the plight of workers—the overwhelming majority of the population—who bear the greatest load, endure the harshest conditions, and perform the most vital work.
How can such treatment be considered equitable in terms of rights and responsibilities?

Based on the foregoing arguments, regardless of the perspective, a comprehensive labor bill is urgently needed today and should be enshrined within the fundamental laws of the land.
Only in this way can we prevent those in power from fabricating pretexts or resorting to special security ordinances to oppress workers—a measure that constitutes the most pressing task facing the current constitutional assembly.

Some critics argue that Chinese law does not discriminate against workers and that there is no need to complain unnecessarily, pointing out that strike-related disturbances are explicitly criminalized under the Penal Code (Provisional New Penal Code, Article 224) and that Yuan Shikai’s Public Order Regulations remain in force (Beijing Government Decree No. 118 of March 1922). However, such claims are nothing more than self-deception.
The root cause lies in the absence of a definitive constitutional framework; the Provisional Constitution contains no explicit provisions safeguarding workers’ rights.
Consequently, both the strike disturbance statute and the public order regulations persist.
Although the National Assembly resolved to repeal them during its extraordinary session in Guangzhou, questions arose regarding the legality of amending the constitution at that time, and the measures never achieved nationwide effect.
This only underscores the urgent necessity of incorporating a labor bill into the fundamental law.

Now that the National Assembly has reconvened and the nation eagerly awaits constitutional reform, Mr. Li Qingfang, a member of the House of Representatives, has already proposed a bill to protect workers, while Mr. Wu Ziyu advocates for including labor protection clauses directly within the fundamental law.
Though their respective approaches differ and their textual formulations remain incompatible, there is a growing trend among intellectuals to treat workers with greater respect rather than contempt, a development that offers some encouragement.
We, who have long been active in the labor movement, have personally witnessed the brutal violence inflicted upon workers over many years and keenly felt their anguish in the absence of legal safeguards.
Coupled with our awareness of how those in authority skillfully manipulate legal loopholes to evade accountability, we are convinced of the paramount importance of anchoring labor legislation within the constitution.

Therefore, on behalf of all workers throughout the country and in the interest of shaping the future of national legislation, we hereby submit a draft outline of a labor bill consisting of nineteen articles, respectfully requesting that your esteemed chamber adopt and incorporate it into the constitution as soon as possible.
At the same time, we formally propose the repeal of Article 214 of the Provisional New Penal Code, which criminalizes strike-related disturbances, and Beijing Government Decree No. 28 of 1914, concerning public order policing, in order to relieve the plight of workers.
May all workers across the nation rejoice!
Accordingly, we petition your august chamber to adopt this resolution through a plenary session, addressed to the Speaker of the House.

Here follows the outline of the Labor Bill, comprising nineteen articles, submitted for your consideration.

Article 1: Recognition of workers’ rights to assemble and form associations.
Article 2: Recognition of workers’ right to engage in collective strikes.
Article 3: Recognition of workers’ right to enter into contracts through their organizations.
Article 4: Recognition of workers’ right to international solidarity.
Article 5: Daily working hours shall not exceed eight hours, and night shifts shall not exceed six hours, with at least forty-one consecutive hours of rest per week.
Article 6: Young male and female workers under eighteen years of age shall not be assigned strenuous tasks for more than six hours per day.
Article 7: Overtime work is prohibited; any extension of working hours under exceptional circumstances must be approved by the trade union.
Article 8: While agricultural workers may exceed eight hours of daily labor, compensation for any time worked beyond this limit shall be calculated based on the standard eight-hour rate.
Article 9: The prices of agricultural products must be legally guaranteed to ensure that farmers are not deprived of the fruits of their labor.
These prices shall be determined by representatives of the farming community and enshrined in law.
Article 10: Strenuous and unsanitary work is strictly forbidden for workers under eighteen years of age; female workers and male minors are absolutely prohibited from performing night shifts.
Article 11: Female workers are entitled to eight weeks of maternity leave before and after childbirth; other female employees shall receive six weeks of leave, during which they will continue to receive their regular wages.
Article 11A: The employment of child laborers under sixteen years of age is prohibited.
Article 13: To ensure that workers receive fair and adequate remuneration, the state shall enact a minimum wage guarantee law.
When drafting this legislation, representatives of the All-China Federation of Trade Unions must be invited to participate.
No wages—whether in public or private enterprises and institutions—may fall below the minimum threshold established by this law.
Article 14: Workers, organized by industry or occupation, shall have the right to elect representatives to government-affiliated enterprises and institutions, as well as to participate in the governance of privately owned businesses and organizations under government supervision.
Article 15: The state shall establish labor inspection bureaus with jurisdiction over all public and private enterprises nationwide.
Article 16: Workers shall have the full right to participate in inspections conducted by these state agencies.
Article 17: All insurance schemes must be formulated with worker participation to cover losses or risks incurred by employees in government, public, and private enterprises and institutions.
Premiums shall be borne entirely by employers or the state, with no cost-sharing by insured individuals.
Article 18: All workers shall be entitled to one month of annual leave and two weeks of semi-annual rest, while continuing to receive their salaries.
Article 19: The state shall provide legal guarantees ensuring that male and female workers have access to supplementary education opportunities.

Petitioners: Headquarters of the All-China Labor Union, led by Deng Zhongxia Branch Office of the All-China Labor Union in Shanghai, headed by Ruan Dashi Branch Office of the All-China Labor Union in Wuhan, led by Lin Xiangpu Branch Office of the All-China Labor Union in Hunan, headed by Mao Yunzi Branch Office of the All-China Labor Union in Guangdong, led by Tan Pingshan Branch Office of the All-China Labor Union in Shandong, headed by Wang Jinmei Introducers: Tong Qizeng, Du Kaiyuan, Zhang Bingwen, Zhao Jintang, Yue Yuntao, Sun Jingqing, Li Zhaofu, Liu Wei, Liao Xixian, Pu Boying, Lu Fu, Yao Tongyu, Zhou Jihuan, Wan Jun, Peng Xuejun, Sun Deng Yuyi, Hu Egong, Tang Songnian, Zhang Guojun.