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TPP协议的劳工标准,相较美国以往签订的自由贸易协定,有重大突破,主要体现在三个方面。第一,各方承诺阻止包括强迫童工在内的强迫劳动的产品进口。第二,各方承诺借由法律监管来规制可接受的劳动条件,包括最低工资、工时以及职业安全与健康。第三,各方承诺在出口加工区中不得降低劳工保护标准。美国认为,有些国家和地区未能充分尊重基本劳工权利,并由此获得不正当的劳动力成本优势,使得美国产品的出口环境遭到严重损害,并进而影响到美国劳动者利益和美国经济发展。TPP协议的劳工标准,就是要阻止此类“不正当”竞争。尽管我国目前并非TPP缔约方,但若协议生效,其劳工标准的域外效力将会对我国产品出口造成重大影响,我国必须对此高度重视并应尽早作出有效应对。
Compared with the free trade agreement signed by the United States in the past, there are major breakthroughs in the labor standards of the TPP, which are mainly reflected in three aspects. First, all parties are committed to preventing the importation of forced labor, including forced child labor. Second, all parties have promised to regulate acceptable working conditions through legal supervision, including minimum wage, working hours and occupational safety and health. Third, all parties have promised not to lower the labor protection standards in export processing zones. The United States believes that some countries and regions fail to fully respect the basic labor rights and thus gain unfair labor cost advantages, which have seriously damaged the export environment of U.S. products and further affected the interests of U.S. workers and the U.S. economy. The labor standard of the TPP agreement is to prevent such “unjust” competition. Although China is not currently a TPP contracting party, if the agreement enters into force, the extraterritorial effectiveness of its labor standards will have a significant impact on the export of China’s products. Our country must attach great importance to this and make an effective response as soon as possible.