作为建筑行业的外人，我们所知道的也许仅仅是媒体曝光的建筑工人利用过激欠薪行为，可是究竟为何出现欠薪行为，发展商，承建商，包工头和建筑工人之间错综复杂的关系又是怎样？建筑行业所承担的社会责任又是什么？作者访问了在建筑行业的行内人，讨论以上问题，写下本文。
China’s construction sector: Untangling CSR issues
The Western media routinely publishes stories on workplace conditions in the manufacturing sector and China’s coal mines. Yet outside of the mainland press, the issues confronting workers in construction are rarely canvassed. This is despite the fact that conditions in the industry are dangerous and employees are routinely denied basic rights under Chinese laws and regulations.
Over the last couple of years, the Chinese press has started covering more stories about the industry, including workers committing suicide over the non-payment of wages, of the violence workers sometimes face when they ask for wages owing, and the complex relations between developers, contractors and workers. Despite this, most people outside the industry have limited knowledge of what really happens on large construction projects. This article is based on a candid interview with an industry insider who, obviously, wants to remain anonymous. Companies investing in or involved in construction projects in the mainland should at the very least be aware of the main issues canvassed below.
Mr Zhang works in a private construction company that is involved mainly in infrastructural projects for the government, such as highways, freeway interchanges, bridges, metro stations, and so on. Despite the large size of most projects, there are only about 30 full time employees in the head office. However, this fluctuates somewhat because the number of staff employed in each project management department differs according to the size of each project.
The relationship between different companies involved in projects varies depending on a range of factors. But in general, developers/investors publicly tender out portions of the project for which interested construction companies bid. After bids are finalised, the successful construction companies organise project management departments. If the project is very large, construction companies may subcontract smaller elements or even single items to other construction companies and teams. It is then the responsibility of subcontractors or teams to employ workers for the job (see Figure 1 on next page).
Construction companies will normally assign jobs to workers currently on the payroll – or those who have worked for them previously – if possible. However, as is often the case, they may need to take on new workers if the project is big or the company has a lot of work on elsewhere. If this is the case, the company will seek out friends or relatives from the hometowns of labourers currently employed.
Construction companies sign contracts with the main contractors and also with sub-contractors. However, there is no legal relationship between labourers and the sub-contractor. The construction team is not an enterprise and in law doesn’t exist.
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