Migrant Workers Hold a Press Conference to Claim Overdue Wages (I)

[Broadcast on 13 August 2005]

 

On 15 July 2005, a big banner written with the slogan “Migrant Workers’ Press Conference to Guard Their Rights” was hoisted outside a commercial building at

Jingsan Road, Zhengzhou City, Henan

Province. Holding a press conference seemed to be the only way left for some 170 workers to claim some 700,000 Yuan unpaid wages from the Henan branch of the Guangsha Construction Group [GCG], located inside that building. A workers’ representative told CLB that the workers had signed a contract with GCG’s Henan branch in November 2004 to construct the Number 23 building at Henan University and they would be paid in accordance with the area they constructed each month. In late April this year, when the six-storey building was halfly-built, GCG told the workers to halt their work unexpectedly and paid them only some 180,000 Yuan in total, instead of their whole wages. In the coming broadcasts, you will hear our interview with the subcontractor of this construction project, Wu Gang, who owes a heavy debt because of this loss-making construction project. Here is the first part of our conversation.

 

Wu Gang:

We came to the city on 20 November 2004. The whole project was originally planned to build a six-storey building and we have built two and a half storeys.

 

Han Dongfang [Han]:

So you have finished building two and a half storeys of the building.

 

Wu Gang:

Why did we just build two and a half storeys? It was because the funding was not coming through and we didn’t have enough materials there [for construction].

 

Han:

Because there was no money to buy the materials and you couldn’t continue the project.

 

Wu Gang:

Right. No money for getting the materials.

 

Han:

Did you sign any contract before the project took off?

 

Wu Gang:

Yes.

 

Han:

What are the terms of the construction contract?

 

Wu Gang:

The project would take 100 working days.

 

Han:

100 working days. How much work do you have to do in those 100 days?

 

Wu Gang:

To build the whole building.

 

Han:

So you would have to finish the whole building project in 100 days.

 

Wu Gang:

Right.

 

Han:

How many working days have passed till you found that there was no money for the construction materials?

 

Wu Gang:

It was like that when we started working on the project.

 

Han:

You mean there was no money for materials when you started the project?

 

Wu Gang:

Yes.

 

Han:

Then why did you start to build it?

 

Wu Gang:

Let me tell you the details. Do you know what we needed for construction?

 

Han:

Ferroconcrete, cramp iron…

 

Wu Gang:

Ferroconcrete, cramp iron, sand, wood, steel… all sorts of things, right?

 

Han:

Right.

 

Wu Gang:

One day, one item arrived and we worked that day; the next day, another item arrived and we worked another day. For example, if the cramp iron didn’t arrive, we and the workers would wait there for days. When it arrived, we would work again and wait for the next items. We waited for this and that for very long and the whole project was delayed, because of the lack of materials and it was GCG who caused this problem.

 

Han:

You mean the project was delayed because GCG didn’t provide you with the construction materials on time?

 

Wu Gang:

Right. The time of completion was delayed. And there was a day off on May Day, you know we have eight groups of workers, like carpenters, altogether 180 workers. They [GCG] told me I must guarantee there would be 60 workers working there, each worker less would mean a fine of 50 Yuan per day.

 

Han:

Why did they want to ensure 60 workers to be there?

 

Wu Gang:

I don’t know.

 

Han:

So they just wanted you to guarantee that those 60 workers would be there.

 

Wu Gang:

Yes, 60 workers.

 

Han:

You told me you had in total 180 workers, [GCG only covered 60 workers] what would happen to the rest?

 

Wu Gang:

What happened to them? They wanted to go home but they dared not. They are afraid they wouldn’t have their wages returned.

 

Han:

The project started in November [2004] and it would be due in 100 days, but according to your descriptions, it was still not finished by May 1, after nearly half a year.

 

Wu Gang:

No, it was not finished. We only built two and a half of the total six-storeys.

 

Han:

What happened then?

 

Wu Gang:

Then they told us, they had to wait till 1 September, when students came back to the university to pay their tuition fee. They could only pay us in the end of September.

 

Han:

Oh, they said they had to wait till the students came back in September and used the tuition fee to continue the project.

 

Wu Gang:

Yes, end of September.

 

Han:

And they asked you to keep 60 workers to wait at the construction site.

 

Wu Gang:

Exactly.

 

Han:

Did GCG mention to you how they could cover the workers’ wages and living allowance during the time waiting for the construction materials?

 

Wu Gang:

They said each of the workers would receive 50 Yuan per day.

 

Han:

They would pay 50 Yuan for each worker while they were waiting for the materials there.

 

Wu Gang:

Yes.

 

Han:

Did you come up with an agreement or anything like that?

 

Wu Gang:

Just an oral agreement.

 

Han:

Did the workers agree?

 

Wu Gang:

Yes, they did.

 

Han:

So you ensured that 60 workers were around.

 

Wu Gang:

Right. 60 workers stayed here.

 

Han:

Even you got nothing to do?

 

Wu Gang:

Nothing to do.

 

Han:

Did you wait at the construction site?

 

Wu Gang:

Yes, at the construction site.

 

Han:

On the one hand, they [GCG] didn’t have the money for the project and made you idle away, on the other hand, they promised to pay your workers 50 Yuan per day, why is it?

 

Wu Gang:

I don’t know. It’s their business. How could I know? We would rather believe them, they signed our contract. I talked to them once; I asked if they could pay the part we have built first. If they had no money, they could draw an “I owe you” note, and I would show it to my workers. They could call me once the money came through and I would bring the workers to resume the project. If they didn’t want us to continue that project, then they just needed to pay us and we would leave. But they said: “You can choose to work or not. If you do it, you have to stay; if you don’t, you won’t receive anything.” That’s all, like a gangster. It was the project manager who said that to me.

 

Han:

Was he from GCG or from the Henan University?

 

Wu Gang:

I heard that he was from GCG. The company had its project manager.

 

Han:

So you could only stay and wait.

 

Wu Gang:

Yes, we had to. They didn’t pay us and we couldn’t go home. We had no other choice other than waiting here.

 

Han:

And what happened later?

 

Wu Gang:

We went to see the project manager again. We wanted to go back to work, but he didn’t allow us. When we asked for the unpaid wages, he refused again. He neither gave us wages nor our jobs back. When we confronted him, he asked us to talk to Henan University. Then the university said we should talk to GCG. When we reached GCG, they said Henan University should be responsible for that. So we have been going back and forth three times.

 

Han:

GCG and Henan University blamed each other for that.

 

Wu Gang:

Yes, and later we visited some labour departments, the government and complaint office at Kaifeng City and many other departments, but everyone ignored us. We have stopped working on May Day and haven’t claimed the money back.

 

Han:

When did you start to claim your wages?

 

Wu Gang:

From May Day.

 

Han:

From May Day?

 

Wu Gang:

We had worked for eight months and were paid only some 180,000 Yuan in total for all of us. They promised us to give each worker a subsidy of 50 Yuan per working day and now they refuse to pay that.

 

Han:

So according to the workers’ calculation, how much is GCG owing you till the day you were told to halt the construction?

 

Wu Gang:

The total wages for all the workers here should be 688,760 Yuan, and if they really would pay us the subsidy - 50 Yuan per working day for each worker - the total amount would be more than one million Yuan.

 

Han:

But that subsidy was not clearly stated in the contract.

 

Wu Gang:

That’s true.

 

Han:

So you don’t have evidence to support your claim?

 

Wu Gang:

Yes, and we are not asking for that sum back.

 

Han:

You don’t?

 

Wu Gang:

How could I? Is there any evidence?

 

Han:

A written contract could have helped, with both sides’ signatures.

 

Wu Gang:

You know, we migrant workers don’t know much about contracts. They did promise us [orally] and we thought it was going to work out.

 

Han:

So you believed and didn’t sign a written agreement with them?

 

Wu Gang:

Right.

 

Han:

You didn’t suspect that they would break their promise?

 

Wu Gang:

We thought GCG was a big company and why would it want to cheat us migrant workers?

 

Han:

Do you see this as a lesson?

 

Wu Gang:

I will never forget it. It’s a big lesson for us. I will never work on any project if they don’t give me a written contract.

 

Han:

So you will want written contracts in the future.

 

Wu Gang;

Of course, after this experience, I will take the contract issue seriously. You know, we have lost a great deal in this project.

 

Han:

You mentioned that you have been to the complaint office, labour supervisory bureau, labour department. How did you find them?

 

Wu Gang:

Nobody cared about us; it [GCG] sent gangsters around to threaten those officials. You know, the other day, we a meeting with the GCG and a female staff at the labour supervisory bureau and I can still recall what she said to GCG. She said: “The migrant workers are so poor; they have worked for seven or eight months for you. You should pay them the wages.” You know what, that project manager [of GCG] simply told her: “If there aren’t so many hooligans [note: referring to the migrant workers] around, I will rape you. I will call my brothers tonight and break your arms and legs.”

 

Han:

What? Did he say that?

 

Wu Gang:

Right.

 

Han:

And he continued to say that he would get some people that night to break her arms and legs?

 

Wu Gang:

Yes.

 

Han

He dared to say that to a staff from the labour supervisory bureau?

 

Wu Gang:

Yes, he said that to a female staff at the labour supervisory bureau.

 

Han:

How did she respond?

 

Wu Gang:

She was very scared. She dared not to say anymore. That guy is fearless. He is just so arrogant. What can we do?