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06

Local Employment and Protection of Labor Rights

Deskripsi

Developers, Contractors, and Subcontractors could hire a combination of full-time, part-time, temporary, seasonal, or migrant workers to work on specific components of each infrastructure project. While following the requirements of Financiers and the Host Country Government, these companies should employ as many Affected People as the environmental and social management plan (ESMP) determines to be feasible. Developers, Contractors, and Subcontractors should not only invest in training for these local workers but also employ migrant workers from other parts of the host country, China, and other countries to meet the skill levels and experience necessary for implementing and operating a high-quality infrastructure project. As part of the recruitment and hiring processes, employers should inform potential workers of the terms and conditions of employment, the availability of a workplace grievance mechanism, and other labor management and occupational health and safety (OHS) procedures.

Financiers should require Developers and Contractors to safeguard labor rights for their employees in a manner consistent with host country laws and regulations, while Developers and Contractors should put in place analogous requirements for project workers associated with Subcontractors and Primary Suppliers. These employers should ensure that their projects do not involve forced labor and child labor; promote a safe and healthy working environment; communicate and cooperate with workers, as well as their organizations and representatives, as host country laws and regulations allow; address workers’ queries/concerns/complaints through a formal workplace grievance mechanism; and pay particular attention to the needs of female workers, disabled workers, migrant workers, and other workers who may be more susceptible to discrimination, harassment, intimidation, and/or exploitation. To ensure compliance with labor requirements, Developers and Contractors should establish labor-specific mechanisms to monitor their own performance, as well as that of Subcontractors and Primary Suppliers, as part of Project Monitoring and Reporting.

The employment of local workers ensures that each project directly benefits Affected People, whose livelihoods may have been diminished by — or completely lost to — projects. With deep knowledge of local conditions, Affected People employed as project workers could also directly advise Developers, Contractors, and Subcontractors during construction and project operations phases. Developing, implementing, and monitoring labor management and OHS procedures should maximize protection for all project workers while enhancing inclusive and sustainable development.

How Would It Work?

For Overseas Projects:

The Chinese Government should:

  • Strengthen cooperation platforms and staff exchanges.1

 

Financiers should:

  • Require Developers and Contractors to safeguard the rights and interests of workers.2
  • Conduct social impact assessments (SIAs) that include labor and terms of employment, social security and health, and protection for migrants.3
  • Increase employment opportunities for local people during project implementation and operations.4
    • Engage in grassroots recruitment and employment.5
  • Enhance staff training and improve the professional quality of workers.6
    • Provide training to staff on communication and cooperation for environmental protection.
  • Maintain communication with workers and suppliers to gather their opinions.7
  • Pay attention to OHS and care about the lives of staff.8
    • Implement staff and property safety precautions by establishing emergency warning mechanisms and contingency plans.
    • Review Developers’ and Contractors’ work safety performance.9

 

The Ministry of Commerce (MOFCOM) and Local Commerce Departments should:10

  • Arrange for staff from labor service companies to receive training in safety as well as host countries’ languages, laws, religious beliefs, customs, and habits.

 

The Chinese Government, Embassies, and Consulates should:11

  • Maintain records when labor disputes arise from noncompliance with local labor laws.
  • Maintain records when companies’ staff fail to complete legal immigration procedures, health examination, vaccination, and work permits; when staff do not attend safety and legal compliance training; and when Developers, Contractors, and Subcontractors violate local labor laws and regulations.

 

Developers and Contractors should:

  • Abide by Chinese and host countries’ laws and policies on labor, employment, immigration management, and health and safety (H&S).12
    • Respect the rights and interests of suppliers and workers.13
    • Comply with agreements and protocols signed by China and host countries regarding the export of labor services.14
    • Submit reports to MOFCOM on their compliance with local laws and regulations, as well as their efforts to safeguard workers’ rights.15
  • Conduct SIAs, which should cover human rights, labor, employment, gender, health, safety, and conflict.16
    • Assess the implications of each project for local employment, as well as living and working conditions.17
    • Avoid or mitigate risks to and adverse impacts on workers.18
    • Implement appropriate measures to promote safety and address H&S risks.19
    • Pay fines for failing to conduct the necessary safety checks and precautions.20
    • Regularly review, monitor, and report on the effectiveness of H&S programs and implement proactive measures for future improvement.21
  • Establish local recruitment mechanisms.22
    • Treat job applicants of different ethnicities, genders, races, nationalities, age, religions, disabilities, marital status, and sexual orientation equally.23
  • Promote local employment.24
    • Offer local opportunities for employment and re-employment to Affected People, particularly vulnerable groups.25
  • Sign and respect contracts.26
    • Ensure that employment terms and conditions comply with internal policies, local legal requirements, and international conventions.27
    • Provide workers with wages, benefits, and working conditions in accordance with laws and contracts.28
    • Treat all workers equally.29
    • Adhere to the principle of equal pay for equal work.30
    • Pay fines for treating workers poorly or underpaying them.31
  • Cultivate local workers. Offer programs or funding for workers’ training, education, and professional development in areas including, but not limited to, quality awareness and social responsibility.32
    • With support from the Chinese Government, localize project management and help improve the skills of host countries’ project management staff.33
  • Offer training and programs in local languages, laws, and cultures to Chinese workers to promote mutual respect, understanding, and exchange.34
    • Provide proper education and training on host countries’ environmental protection laws and regulations.35
  • Provide training programs in project quality, H&S, environmental protection, and intellectual property to workers.36
    • Conduct targeted safety and emergency training and education to enhance staff’s ability to protect themselves.37
    • Encourage workers to continue education for academic qualifications.38
  • Maintain safe and healthy living and working for project workers.39
    • Provide leadership, allocate required resources, and maintain communications for the H&S management system.40
    • Identify special safety management institutions and staff responsible for protecting the safety and property of Chinese workers.41
  • Broaden communication channels with workers and Subcontractors.42
    • Create employer-worker negotiation mechanisms in accordance with local laws and practices.43
    • Establish a grievance mechanism to understand and respond to workers’ needs, expectations, demands, suggestions, or queries.44
    • Strengthen communication and exchanges with local trade union organizations.45
  • Encourage workers to volunteer within their communities to enhance communication.46

China International Contractors Association (CHINCA) could:

  • Reprimand Developers and Contractors for violating labor contracts or labor laws.47

For Domestic Projects in China Only:

Developers and Contractors should:

  • Establish and improve rules and regulations to uphold labor rights and fulfill labor obligations.48
    • Work with trade unions to establish a collective consultation mechanism to safeguard workers’ rights and interests.
  • During recruitment, inform workers of job descriptions, working conditions, place(s) of work, occupational hazards, conditions for work safety, labor remuneration, and other important matters.49
  • Reach an agreement with workers before signing labor contracts. Each contract should contain the following provisions:50
    • The name, domicile, and legal representative or principal of the employer.
    • The name, address, and valid identity documentation of the worker.
    • The term of the contract.
    • The job description and the place of work.
    • Working hours, rest, and vacation.
    • Labor remuneration.
    • Social insurance.
    • Occupational protection, working conditions and protection against occupational hazards.
    • Other provisions such as probation periods, training, confidentiality, supplementary insurance, and welfare benefits.
  • Discuss potential plans to devise or revise rules related to workers’ interests — such as labor remuneration, working hours, rest and vacation, occupational safety and health, insurance and welfare, training, labor discipline, and labor quota control — with workers.51
    • Consult trade unions or workers’ representatives on an equal footing before making decisions.
  • Disclose internal and/or relevant information to support workers’ claims when labor disputes arise.52

Local Governments should:53

  • Set up a labor-dispute arbitration commission — with representatives of the Administrative Department of Labor, trade unions, and companies — in each district.
  • Charge the Department of Labor with the responsibility of working with trade unions and representatives of companies to establish a joint mechanism to study and address major issues.

Workers should consider taking the following actions:

  • Collectively negotiate on a contract related to labor remuneration, working hours, rest and vacation, OHS, insurance, and welfare benefits.54
    • Seek support from trade unions before concluding labor contracts with Developers and Contractors.
  • Hold consultative meetings with Developers and Contractors and invite trade unions or third parties to join these consultations when labor disputes arise.55
    • Apply to mediation institutions — such as the company’s labor-dispute mediation commission, which should include representation from both the company and workers, a grassroots mediation institution established in accordance with the law, and an organization that offers labor-dispute mediation within towns, townships, or neighborhoods — if they fail to reach an agreement with Developers and Contractors.
    • Apply to labor-dispute arbitration commissions if mediation institutions fail.
    • Initiate litigation in local courts if they are dissatisfied with the arbitration commission’s decision.
  • Apply to the local people’s court to produce orders for payment if Developers and Contractors default on payment or underpay workers.56
  • Refuse to perform hazardous operations if Developers and Contractors instructions violate rules and regulations.57
  • Report or lodge complaints against Developers and Contractors for unsafe working conditions.58
  • Lodge formal complaints to Local Departments of Labor if their employers fail to provide labor remuneration and medical expenses for job-related injury, economic compensation, or damages.59
  • Have the labor contract revoked if Developers and Contractors violate relevant laws.60

During the pre-project planning phase, Financiers should:

  • Set the following requirements for Developers and Contractors in project agreements:
    • Develop and implement comprehensive labor management and OHS procedures.
    • Establish and maintain a workplace grievance mechanism.
    • Recruit, employ, and train local workers, including Affected People.
    • Avoid involuntary or compulsory labor, including indentured, bonded, and child labor.
  • Include remedies for noncompliance in project agreements.

 

Developers (and Contractors) should:

  • Identify and mitigate risks related to involuntary or compulsory labor, child labor, gender-based violence (GBV), discrimination, harassment, bullying, intimidation, exploitation, and OHS in ESMPs.
  • Determine whether Contractors (and Subcontractors) are legitimate and reliable entities with appropriate labor management procedures.
  • Develop labor management and OHS procedures that align with host country laws and regulations.
    • Consult Affected People on the appropriate terms and conditions of labor.
    • Establish mechanisms to monitor their own performance in labor management and OHS.
  • Set requirements in project agreements for Primary Suppliers, as well as Contractors (and Subcontractors) to abide by labor management and OHS procedures.
    • Establish mechanisms to monitor performance in labor management and OHS by Primarily Suppliers, as well as Contractors (and Subcontractors).
    • Include remedies for noncompliance.

 

During the project implementation and operations phases, Developers and Contractors should:

  • Establish and maintain a workplace grievance mechanism for direct workers and contracted workers, as well as their representatives and/or organizations, to submit queries/concerns/complaints/incidents anonymously and directly.
    • Ensure that this mechanism is readily available in the local language(s) and dialect(s), culturally appropriate, and gender-sensitive.
    • Scale this mechanism to projects’ risks and impacts.
    • Inform workers of the grievance mechanism, its procedures, and how to use it, during recruitment.
    • Involve an appropriate level of management to address queries/concerns/complaints promptly, transparently, and objectively.
    • Protect workers against retaliation.
    • Support survivors of GBV, as well as victims of involuntary or compulsory labor, child labor, discrimination, harassment, bullying, intimidation, and exploitation.
    • Not impede workers’ access to other judicial or administrative remedies that might be available under law or through existing arbitration or mediation procedures, or other mechanisms provided through labor unions or collective agreements.
  • Respect legally established workers’ organizations and legitimate workers’ representatives when host country laws and regulations recognize workers’ rights to form and join such organizations and/or bargain collectively.
  • Where feasible, prioritize hiring local workers and bring in migrant workers, as needed, to address gaps in availability, technical skills, and capacity.
    • Arrange for the training of Affected People to work on projects throughout project implementation and operations.
    • Ensure that training and employment arrangements are accessible to women, minorities, Indigenous peoples, and other vulnerable groups.
    • Hire migrant workers to fill gaps in skill levels.
  • Provide clear information and documentation regarding terms and conditions of employment to workers, as well as legally established workers’ organizations and legitimate workers’ representatives, in the local language(s) and dialect(s) during the recruitment and hiring processes.
    • Specify workers’ rights — specifically, their working hours, conditions, wages, overtime, leave, compensation, benefits, and opportunities for professional development — under host country labor and employment laws.
    • Offer competitive wages that will allow workers to afford adequate housing, food, transportation, and other necessities for themselves and their families.
    • Consult workers, as well as legally established workers’ organizations and legitimate workers’ representatives, on proposed changes to terms and conditions of employment.
    • Update information and documentation once changes in terms and conditions of employment are made.
  • Implement labor management procedures for workers.
    • Completely avoid the use of involuntary or compulsory labor, including indentured, bonded, and child labor.
    • Provide on-the-job training to workers in areas such as OHS, the environment, gender, and local culture.
    • Pay workers on time and in accordance with labor contracts.
    • Provide evidence to workers when payments for their social security benefits, pension contributions, and other entitlements have been made. 
    • Allocate adequate time for workers to rest and take annual holiday, sick, family, and maternity leave.
    • Provide workers with access to appropriate facilities and resources, including water supplies, canteens, hygiene facilities, rest areas, accommodations, healthcare, and/or childcare.
      • Allocate separate accommodations, rest areas, hygiene facilities to workers of different genders.
      • Accommodate for workers’ physical, social, and cultural needs.
    • Foster a working environment of equal opportunity, fair treatment, and nondiscrimination for local, Chinese, and other migrant workers.
      • Prevent and address discrimination against workers in recruitment, hiring, compensation, conditions and terms of employment, job assignment, promotion, access to education and training, discipline, termination of employment, and retirement.
    • Prevent and address harassment, intimidation, and/or exploitation of workers.
    • Protect and assist female, disabled, and migrant workers, among other vulnerable workers.
    • Give written notice of termination of employment and information about severance payments in a timely manner.
  • Establish and maintain a safe and healthy working environment.
    • Provide appropriate equipment, including personal protective equipment, at no cost to workers.
    • Document and report accidents, incidents, injuries, diseases, and other emergencies.
  • Monitor performance in labor management and OHS by Primarily Suppliers and Contractors (and Subcontractors).

 

Financiers should:

  • Monitor performance in labor management and OHS by Developers and Contractors.61
What Would You Be Able to Do?
  • During the pre-project planning phase, browse the websites of Financiers, Developers, and Contractors for information about their internal recruitment, hiring, OHS, and labor management procedures. Browse the Host Country Government’s websites for information about laws, policies, and guidelines on labor rights.
    • If any of this information cannot be found online, either see Stakeholders or use a search engine such as Google to find the appropriate contact information for the Financier, Developer, or Contractor that you wish to reach. See Transparent and In-Depth Information Sharing for more information about how to request information in your native language.
  • Request information about formal employment opportunities during consultations with Developers and Contractors.
    • Provide information about your own skill set and work experience. Ask about potential opportunities that you would already be qualified to apply for.
    • If there are employment opportunities that suit your background, discuss preferences for the terms and conditions of employment — including working hours, conditions, wages, overtime, leave, compensation, benefits, and opportunities for professional development — with other community members, Civil Society Organizations (CSOs)/Nongovernmental Organizations (NGOs), host country stakeholders, Developers, and Contractors. Advocate for special provisions to protect and assist female workers, disabled workers, and migrant workers, among other vulnerable workers.
    • If your skill set and work experience do not match the jobs that would be available, ask Developers and Contractors about the availability of vocational training programs so that you and or other community would become eligible for work on the project.
  • During the project implementation and operations phases, ensure that you are aware of the labor-related risks, impacts, and mitigation measures in the ESIA report and ESMP, conditions of approval, project contracts/agreements, and other relevant documentation.
  • If you are applying for a job with the project, review information and documentation regarding terms and conditions of employment.
    • If you have not received this information by the end of the hiring process, request information and documentation in your native language. Review and discuss the terms and conditions of employment with your family, other community members, and CSOs/NGOs.
    • Before accepting the position, clarify any issues with Developers, Contractors, and Subcontractors and ask questions, as needed.
    • As host country laws and regulations allow, work with legally established workers’ organizations and legitimate workers’ representatives to negotiate changes in the terms and conditions of employment proposed by Developers and Contractors. For example, you may collectively request more time and specific accommodations for rest during the workday, additional equipment to protect yourself at work, additional time off to care for a new child or elderly family member, benefits for yourself and your family, and training programs for potential promotion in the future.
  • If you are a project worker and have not been paid on time, have faced workplace discrimination, have been sexually assaulted, or have personally experienced or witnessed any dangerous or unhealthy situations at work, submit a complaint to your employer’s grievance mechanism.
    • Give yourself time to draft the complaint. Review your entitlements as laid out in your signed labor contract. Ask when and how the issue that you raised will be resolved. Consider collaborating with other unpaid workers, legally established workers’ organizations, and legitimate workers’ representatives.
    • Maintain a record of the date and content of your own complaint to your employer. If you submit a complaint over the phone, keep a record of the contact details of the person who received your complaint.
    • If you are a contracted worker and your employer — a Contractor/Subcontractor — fails to resolve the issue that you raised, submit a revised complaint to Developers’ workplace grievance mechanism and request their support in ensuring that Contractors/Subcontractors uphold labor contracts and/or protect workers’ rights. Maintain a record of the date and content of your new complaint.
    • If you are a direct worker, submit a revised complaint to Financiers’ “appeal response mechanisms” and request their support in ensuring Developers uphold labor contracts and/or protect workers’ rights. Maintain a record of the date and content of your new complaint.
  • Review Financiers’, Developers’, Contractors’, and Subcontractors’ compliance with governmental, industry-specific, and internal policies, procedures, and guidelines for employment and protection of local workers.
    • Review Financiers’ compliance with the China Banking and Insurance Regulatory Commission’s (CBIRC) “Guidelines on Regulating the Banking Industry in Serving Enterprises’ Overseas Development and Strengthening Risk Control” and “Opinions on Green Credit Implementation.” Submit concerns or complaints about Financiers’ noncompliance with these guidelines to CBIRC.
    • Review the CHINCA’s “Administrative Measures for the Credit File of Member Enterprises of the China International Contractors Association,” “Guidelines of Sustainable Infrastructure for Chinese International Contractors,” “Draft Revisions to Guide on Social Responsibility for Chinese International Contractors,” and “Guide on Social Responsibility for Chinese International Contractors.” Submit concerns or complaints to CHINCA about Developers and Contractors that violate labor contracts, do not follow host country laws and regulations, or fail to protect their workers.
    • Review the “Regulations on the Administration of Foreign Contracted Projects.” Submit concerns or complaints to the Chinese State Council about Developers and Contractors that treat workers poorly or underpay them.
    • Inform the nearest Chinese Consulate or Embassy of labor disputes that arise from Developers’, Contractors’, or Subcontractors’ noncompliance with local labor laws; Chinese workers’ failure to complete legal immigration procedures, health examination, vaccination, and work permits; workers’ failure to attend safety and legal compliance training; and other violations of host country labor laws and regulations by Developers, Contractors, and Subcontractors.
    • Review the “Circular to Regulate the Overseas Investment and Cooperation of Chinese Companies.” Submit concerns or complaints to the Chinese MOFCOM, Ministry of Foreign Affairs (MFA), and State-owned Assets Supervision and Administration Commission of the State Council (SASAC) about Developers, Contractors, and Subcontractors that fail to follow host country labor laws and regulations.
    • Review the “Guidelines to the State-owned Enterprises Directly Under the Central Government on Fulfilling Corporate Social Responsibilities.” Submit concerns or complaints to SASAC about Developers, Contractors, and Subcontractors that fail to fulfill corporate social responsibilities (CSR) vis-à-vis their own staff.
    • Submit queries/concerns/complaints about noncompliance with other policies, procedures, or guidelines to the appropriate actor. See Stakeholders to identify the available mode(s) of contact.
What Would It Accomplish or Prevent?

Recruiting, hiring, and training Affected People, among other host country stakeholders, to work on projects in a transparent and inclusive manner during the project implementation and operations phases would:

  • Advance high-quality development along the BRI.
  • Build trust and capacity among local communities, host country stakeholders, and other third-party stakeholders.
  • Share income generation opportunities, skills development programs, and other project benefits directly with local communities, including the most vulnerable groups.
  • Improve the overall quality of each project. Allow local and Indigenous workers’ knowledge, expertise, and practices to inform project implementation and operations.
  • Ensure that promises, commitments, and requirements on local employment set in the pre-project planning phase are fulfilled.
  • Drive people-oriented progress.
  • Curb significant commercial costs from engaging labor service companies and relocating migrant workers from China or other countries.

 

Establishing and maintaining comprehensive labor management and OHS procedures, as well as a workplace grievance mechanism, throughout the project life cycle would:

  • Align Developers’, Contractors’, and Subcontractors’ practices for BRI projects with Chinese policies and guidelines for project monitoring, as well as international best practices.
  • Increase transparency and accountability of project-related operations, especially surrounding provisions for workers during the project implementation and operations phases.
  • Safeguard labor rights and provide solutions to employment concerns that could otherwise escalate and become major issues impacting a project’s success.
  • Reduce the risk of protests, damage, or other forms of conflict during the project implementation and operations phases. Ensure the safety of project construction workers and other staff.
  • Curb significant commercial costs from delays caused by social upheaval, especially during the project implementation and operations phases.
  • Bolster Developers’ and Contractors’ annual company rankings or credit ratings for observing host country laws and regulations, and fulfilling other social responsibilities.
Resources
  • World Bank, “Labor Management Procedures Template,” 2018, View the PDF.
  • Asian Development Bank (ADB), “Core Labor Standards Handbook,” October 2006, View the PDF.
  • International Finance Corporation (IFC) and European Bank for Reconstruction and Development (EBRD), "Workers’ Accommodation: Processes and Standards," Guidance Note, August 2009, View the PDF.
  • United Nations Development Programme (UNDP), “Standard 7: Labour and Working Conditions,” for Guidance Note, UNDP Social and Environmental Standards (SES), June 2021, View the PDF.
  • World Bank, “Good Practice Note: Addressing Sexual Exploitation and Abuse and Sexual harassment in Investment Project Financing involving Major Civil Works,” in Environmental & Social Framework for IPF Operations, February 2020, View the PDF.
  • World Bank, “ESS2: Labor and Working Conditions,” Guidance Note for Borrowers, Environmental & Social Framework for IPF Operations, 2016, View the PDF.
  • World Bank, “Good Practice Note: Assessing and Managing the Risks of Adverse Impacts on Communities from Project-Related Labor Influx,” in Environmental & Social Framework for IPF Operations, December 1, 2016, View the PDF.
  • International Labour Organization (ILO), "List of Conventions and Recommendations by Subject and Status," NORMLEX, Information System on International Labour Standards, View the Database.

1 Ministry of Environmental Protection (MEP) (now Ministry of Ecology and Environment (MEE)), “The Belt and Road Ecological and Environmental Cooperation Plan,” May 2017.

2 Ministry of Commerce (MOFCOM), “Administrative Measures on Outbound Investment,” September 2014; China Banking Regulatory Commission (CBRC) and China Insurance Regulatory Commission (CIRC) (now China Banking and Insurance Regulatory Commission (CBIRC)), “Guidelines on Regulating the Banking Industry in Serving Enterprises’ Overseas Development and Strengthening Risk Control,” January 2017.

3 Export Import-Bank of China (China Exim Bank), “Guidelines for Environmental and Social Impact Assessment for Project Loans of the China Export and Import Bank,” 2007.

4 CBRC and CIRC, “Guidelines on Regulating the Banking Industry.”

5 China Development Bank (CDB), “CDB Culture Manual,” 2016.

6 China Banking Association (CBA), “Corporate Social Responsibility Guidelines,” January 2009.

7 Bank of China (Hong Kong) (BOCHK), “Sustainability Policy,” 2021.

8 CBA, “Corporate Social Responsibility.”

9 CBRC and CIRC, “General Office of the China Banking Regulatory Commission Opinions on Green Credit Implementation,” 2013.

10 MOFCOM, "Dual Random and Public Disclosure" Inspection Item List (Second Edition),” August 2020.

11 MOFCOM et al., “Provisional Measures for Recording Bad Credit in the Fields of Outbound Investment and Cooperation and Foreign Trade,” July 2013.

12 MOFCOM, Ministry of Foreign Affairs (MFA), and State-owned Assets Supervision and Administration Commission of the State Council (SASAC), “Circular to Regulate the Overseas Investment and Cooperation of Chinese Companies,” June 2008; China International Contractors Association (CHINCA), “Guide on Social Responsibility for Chinese International Contractors,” September 2012; CHINCA and Dagong Global Credit Rating, “Guidelines of Sustainable Infrastructure for Chinese International Contractors (SIG),” June 2017; Sinohydro, “Occupational Health, Safety and Environmental Policy Statement,” 2013.

13 China Chamber of Commerce Metals, Minerals and Chemicals Importers & Exporters (CCCMC), “Guidelines for Social Responsibility in Outbound Mining Investments,” 2017; National Development and Reform Commission (NDRC), “Measures for the Administration of Overseas Investment of Enterprises,” December 2017; MOFCOM and MEP, “Guidelines for Environmental Protection in Foreign Investment and Cooperation,” February 2013; CCCMC et al., “Guidance for Sustainable Natural Rubber,” 2017; SASAC, “Guidelines to the State-owned Enterprises Directly Under the Central Government on Fulfilling Corporate Social Responsibilities,” December 2007; CHINCA and Dagong Global Credit Rating, “Guidelines of Sustainable Infrastructure;” State Forestry and Grassland Administration (SFGA), "Guidelines for Sustainable Silviculture for Chinese Companies Overseas," 2007. The following policies specify protection of local workers’ rights: MOFCOM, “Provisions on Standardizing Competition in Foreign Investment and Cooperation,” March 2013; State Council, “Guiding Opinion of the State Council on Encouraging and Standardizing Enterprises' Cooperation in Outbound Investment,” April 2007; State Council, “Nine Principles on Encouraging and Standardizing Outward Investment,” October 2006.

14 SFGA and MOFCOM, “Guide on Sustainable Overseas Forest Management and Utilization by Chinese Enterprises,” 2009.

15 MOFCOM, “Interim Measures for the Reporting of Outbound Investments Subject to Record-filing or Approval,” January 2018.

16 CCCMC, “Outbound Mining Investments.”

17 CHINCA and Dagong Global Credit Rating, “Guidelines of Sustainable Infrastructure.”

18 China-ASEAN Investment Cooperation Fund (CAF), “Social Responsibility and Environmental Protection Guidelines for Investments in the ASEAN Region,” 2014; CCCMC et al., “Sustainable Natural Rubber.”

19 Sinohydro, "Occupational Health, Safety and Environmental Policy Statement;" CHINCA, “Draft Revisions to Guide on Social Responsibility for Chinese International Contractors,” July 2021; Sinohydro, “Sustainable Development Policy,” 2014; China Three Gorges Corporation (CTG), “Sustainable Development Policy,” 2017; Sinohydro, "Statement of Ethical Principles," 2014; Ministry of Finance (MOF) et al., “Guiding Principles on Financing the Development of BRI,” May 2017.

20 State Council, “Regulations on the Administration of Foreign Contracted Projects,” July 2017.

21 Sinohydro, “Occupational Health;” Sinohydro, “Statement of Ethical Principles.”

22 CTG, “Sustainable Development Policy;” Sinohydro, “Statement of Ethical Principles;” Sinohydro, “Environmental Protection Policy Statement.”

23 CHINCA, “Guide on Social Responsibility.” The following guideline focuses on racial discrimination: CHINCA and Dagong Global Credit Rating, “Guidelines of Sustainable Infrastructure.”

24 MOFCOM et al., "Guideline for Promoting High-quality Development of Overseas Contracted Projects," August 2019; CHINCA, “Guide on Social Responsibility.”

25 Responsible Minerals Initiative (RMI) and Responsible Cobalt Initiative (RCI), “Cobalt Refiner Supply Chain Due Diligence Standard (version 2.0),” 2021; SFGA and MOFCOM, “Sustainable Overseas Forest Management;” MOFCOM and MEP, “Guidelines for Environmental Protection;” MOFCOM et al., “Circular to Regulate;” CCCMC et al., "Sustainable Natural Rubber;" CHINCA, “Draft Revisions;” CHINCA and Dagong Global Credit Rating, “Guidelines of Sustainable Infrastructure;” NDRC, “Code of Conduct for the Operation of Overseas Investments by Private Enterprises,” December 2017; SFGA, "Guidelines for Sustainable Silviculture.” While some policies mention hiring local people, the following policy refers to project-affected people: CTG, “Sustainable Development Policy.” The following policies specify vulnerable groups: CHINCA, “Guide on Social Responsibility;” MOF, “Guiding Principles.”

26 SASAC, “Fulfilling Corporate Social Responsibilities.”

27 Sinohydro, “Good Governance Policy,” 2017.

28 MOFCOM et al., “Circular to Regulate.” The following policy only applies to Chinese workers, whose contracts need to be developed in accordance with Chinese laws: State Council, “Foreign Contracted Projects.”

29 Sinohydro, “Statement of Ethical Principles.”

30 SASAC, “Fulfilling Corporate Social Responsibilities.”

31 State Council, “Foreign Contracted Projects.”

32 CHINCA, “Guide on Social Responsibility;” CTG, “Sustainable Development Policy;” Sinohydro, “Statement of Ethical Principles.”

33 State Council, “China’s International Development Cooperation in the New Era,” January 2021; CHINCA and Dagong Global Credit Rating, “Guidelines of Sustainable Infrastructure.”

34 CHINCA, “Draft Revisions.”

35 MOFCOM and MEP, “Guidelines for Environmental Protection.”

36 China Datang Corporation (CDT), “Regulation on Project Safety, Health and Environment,” 2009; CDT, “Regulation on Environmental Protection,” 2017; Sinohydro, “Occupational Health;” CHINCA, “Draft Revisions;” State Council, “Nine Principles on Encouraging and Standardizing Outward Investment,” 2006; MOFCOM and MEE, “Guidelines for Ecological Environmental Protection in Foreign Investment Cooperation and Construction Projects,” January 2022; SFGA, "Guidelines for Sustainable Silviculture;” Power Construction Corporation of China (PowerChina), “Announcement on Further Strengthening Compliance Operation,” September 2017; CCCMC, “Outbound Mining Investments.”

37 State Council, “Foreign Contracted Projects.”

38 CHINCA, “Draft Revisions.”

39 SASAC, “Fulfilling Corporate Social Responsibilities;” CHINCA, “Draft Revisions;” CHINCA and Dagong Global Credit Rating, “Guidelines of Sustainable Infrastructure.”

40 Sinohydro, “Occupational Health.”

41 State Council, “Foreign Contracted Projects.”

42 MOFCOM et al., “Circular to Regulate;” Sinohydro, “Sustainable Development Policy.”

43 CHINCA, “Draft Revisions.”

44 CCCMC, “Outbound Mining Investments;” CCCMC et al., “Sustainable Natural Rubber;” MOFCOM et al., “Circular to Regulate;” Sinohydro, “Sustainable Development Policy;” PowerChina, "Further Strengthening Compliance." 

45 NDRC, “Code of Conduct;” MOFCOM et al., “Circular to Regulate.”

46 CHINCA, “Draft Revisions.”

47 CHINCA, “Administrative Measures for the Credit File of Member Enterprises of the China International Contractors Association,” 2018.

48 Standing Committee of the National People's Congress, “Labor Contract Law of the People's Republic of China,” June 2007.

49 Ibid.

50 Ibid.

51 Ibid.

52 Standing Committee of the National People's Congress, “Law of the People's Republic of China on Labor-dispute Mediation and Arbitration,” December 2007.

53 Ibid. China’s Ministry of Personnel and Ministry of Labor and Social Security merged in 2008 to form the Ministry of Human Resources and Social Security.

54 Standing Committee, “Labor Contract Law.”

55 Standing Committee, “Labor-dispute Mediation.”

56 Standing Committee, “Labor Contract Law.”

57 Ibid.

58 Ibid.

59 Standing Committee, “Labor-dispute Mediation.”

60 Standing Committee, “Labor Contract Law.”

61 International Best Practice is based on Asian Development Bank (ADB), "Safeguard Policy Statement," 2009; Asian Infrastructure Investment Bank (AIIB), "Environmental and Social Framework," 2021; World Bank, "Environmental and Social Framework," 2018.