ARMY SERVICE FORCES MANUAL

--I -

LJ
I-e

4J

~59
II L~L -- 1 II I-

CIVIL AFFAIRS HANDBOOK

FRENCH INDO -CHINA

SECTION 9: LABOR

Dissemination of restricted matter. - The information contained in restricted documents and the essential characteristics of restricted material may be given to any person known to be in the service of the United States and to persons of undoubted loyalty and discretion who are cooperating in Government work, but will not be communicated to the public or to the press (See also par. 18b, except by authorized military public relations agencies. AR 380-5, 28 Sep 1942.)

HEADQUARTERS,

ARMY SERVICE

FORCES,

16

MAY

1944

ARMRY SERVICE FORCES MANUALE

~RlaP~a~Rllll~n~DR~~~-cl-a~l~a~--~-a~l l

i 359-9
Civiil

Afairs

CIVIL

AFFARS HANDBOa

I~RWB~AsgAI~E~~ ~P~BILI

MEABQABTEW,

Y.

SERVICE 'FORCS,

16 MA~Y .1944 -

Siam
tained in material

information conThe . Dissemination of restricted matter. restricted documents and the essential characteristics of restricted may be given to any person known to be in the service of the United

States
in except

and

to

persons
work,

of
will

undoubted
not be

loyalty

and

discretion who
to the public agencies.

are cooperating
or to the par, press l8b, also

Government

but

communicated relations

by authorized

militarypublic

(See

AR

380-5,

28

Sep

1912.)

INUMBERING SYSTEM OF

ABMY SERVI C1 FORCES MANUALS

cated

ThA

main subject matter of each Army Service Forces Manual is by consecutive numbersn within the following categories;

indi-

Ml - M99 M10O M1'99

-

Basic. and Advanced Training

Army

Induction

Specialized Training Training

Program and Pro-

M200 M300 M400M500

M600-

4299 14399 14499

14599
14699 M4799 M899 up

14700 1480014900-

Civil Affairs Supply and. Transpo'rtation Fi scal Procurement and Production Administration Mi scellaneous Equipment, Materiel, Housing and Constructiorn

HEADQJARTERS, ABMY SERVICE FORCES Washingtof, 25, D. C. 16 May 1944.

AryService
been

Forces

Maual

M4 3599,

Lbor

in French Indo-China has

prepared

under the
'the

supervision
and

of the Provost Marshal General and is of all concerned,

published. for

informtion

guidance

i
By commnd

.461
of

(21 Sep

.43)J

Lieutennt General SOM VELL;

W, , General.Staff Chief of Staff,W

D. STY

Major General,
OFFICIAL: J. A. VIOC Maj or General, Adjutant General,

Corps,

This study on Labor in French Indo-China was prepared for the

MILITARY GOV3I1MENT DIVISION,

OFFICE OF THE PROVOST MARSHAL GENERAL

by the

U.S. BUREAU OF LABOR STATISTICS, Dk ARTMAENT OF LABOR

OFFICERS USING THIS MATERIAL ARE

RBQUESTE)

TO MAKE

SUGGESTIONS

AND

CRITICISMS INDICATING THE

REVISIONS OR

ADDITIONS WHICH WOULD

THESE

MAE

THIS
BE

MATRIAL MORE USEFUL FOR THEIR

PURPOSES,

CRITICISMS SHlOU

SENT

TO THE

CHIEF
,

OF THE LIAISON AND STUDIES BRANCH, MILITARY

GVPU

DIVISION, P

280,

MUNITI-ONS BUILDING,

WASHINGTON 25, D.~C,

lv

r se

of the Civil

fairs

ud

The basic

purposes of

cii

affairs offirs

are(1)

to assist

the

Commanding General b

quickly establishing those orderly conditions which

will contribute most effectively to the conduct of military operations, (2) to reduce to a

minimum

the hu

'

suffering and the

material

damage

resulting from disorder and (3) it possible for civilian agencies

to create the conditions which will make

to

function

sffectively.

The to

preparation of Civil Affairs

Hndbooks

is

a part

of

the

effort

carry out these responsibilities as efficiently and humanely as possible,

policies (hich ill clearly depend upon

The Handbooks do not deal with plans

changing and

unpredictable developments),,
imvlv any

It

should be

understood
,They

that

they

do not

iven offici of

roam of asctis

are

rather ready reference

source books containing the basic factual

information

needed for planning and policy making

C IVIL

A!

AI

A1D

LO

TOPICAL

O -T-

1,
2.

Geographical and

Social

Background

Government

and

Administration

3.
4,
5.

Legal Affairs
Goernm~ent
Money an~d

Finance
Banking

6, Natural.Resouree 7. Agriculture 8. Industry and Commerce

9. Labor
10,

Public

Works and

titie

11
12,

Transportation Systems

Communications

13, 14,

Public Hel~th and Public

Safety

Sanitation

15.
16.

Education
Public

Welf'are

17,

Cultural Institutions

This study on Labor in ?rench Indo-China was prepared f'or the MILITARY GOVERMENT DIVISION, OFFICE Or THE PROVOST MARSHAL Gff.L by the U.S. BURFAU OF LABOR STATISTICS, DEARTMENT OF LABOR.0

low"

TABLE 07

CONTENTS
Page
ix

SUMMARY
I.

EMPLOYMENT

CONDITIONS

A, Ilconomic Background Under B. Chief Products

French

Rule

1 4 6 8 8 9 11

and

Occupations

C, Distribution of.the Population D. Racial Elements 1. Native 2. The Chinese E, Land. Ownership and Customs

7.

Independent Workers 1, Handicraftsmen 2. The-Peasants

12
12 15 1? 18 18

G. Regulations Regarding Foreign Workers

H, Regulation of Special Groups 1. Porced Labor 2. Contract Labor 3. Noncontract Labor
Iie 1!!,

20.
25 2? 28 28 31
33

LO.

AGENCIES
!08e5

WAG"t

AD WORKflNG CONDITIONS

A. General Level of Pre-war Wages 1. Wages in Mining B, Hours of Work C, Trend of Cost of Living and Wages D, Pactors Affecting Wages 1. Vacations With P~ay 2. Dismissal Wage for Europeans
E.

33 34 34 35

Wage and Hour

Regulations

.35
36

7. Employment of Women and Young Persons

Page

IV. LABOR LEHGISLATION AND LABOR POLICIES' A. Labor Administration

B. Labor Laws and Regulations
1.
V. LABOR

38 38 39

Labor Code for

Indo-China

39
49

ORGANIZATIONS

VI.

INDUSTRIAL RE1LATIONS A.
Strikes

50
50 51 52 54 5 54 55

B. Conciliation and Arbitration C. Labor Inspection VII. VIII. COCIPERA.TIVES SOCIAL INSURA&NCE A. IX. X. Workmen's Compensation LABOR AND INDDUSTRY UTNDER JAPANESi CON7?ROL

SUPPLEMENT:

TABLES 1. Area and. lumber of Inhabitants of the Different States .7 of the Indo-China Union 2. Average Daily Wages in _North and South Indo-Ohina29 '31, '34, '38, '37 3. Daily Wages of Native W'orkers in Different Industries 30 in Cochin-China - October '38 4. Average Daily Wages Paid by Coal Mining and Mdetal Mining Companies is Tonking and Laos '5'63 '31, ' i3, 1.34

XI.

MAPS
1. Prench Indo-China

Vitt
59

XII.

SELECTED LIST OP REFERENCES

vii

TONKIN

THAILAND

B an kok.

Pnom Penh

&:

100

SCALE 10 0
50

KJ LOME TE 25

FRENCH INDOCHINA

ix

SUMMARY

French supremacy over the several kingdoms of Indo-China was established between 1862 and 1884. The Indo-Chinese Federation or. Union was created in 1889 by a French decree which placed the colony of Cochin-China and the three protectorates of Annam, of a Governor-General. Tonking, and Cambodia under the authority Two years later Laos was added to the Union and the concession of Kwangcbowan in 1900. Racial ;roups .-- The population of Indo-China is very varied; physical characteristics, language, religion, the degree of civilization and the mode of life vary from district to district. The three main groups of the population are the Annamites who form much the largest group-about 16i million--the Cambodiansabout 24 million-and the Thai numbering about 1,400,000. There are also various groups of mountain peoples whose social organization is extremely rudimentary and a numerically small Chinese

element-about 326,000--which is particularly in commerce.

quite important, however,

Chief products and occupations -- In ,keeping with the traditional French colonial policy, Indo-China was developed

strictly

as

an appendage to the economy of France and has long been

known as one of the most intensively exploited colonial areas in the world. Rice is the chief agricultural product although a considerable amount of corn and rubber are grown. The country possesses valuable natural resources. The coal reserves, chiefly of high grade anthracite, are very large and there are many valuable forests... Although only a limited degree of industrial development was possible-under a French administration that was strongly opposed to any attempt by French, as well as there to develop secondary industries, native or Chinese capital,

had been some industrial development particularly after the depression of the 1930's..
Alo2yment

and unemployment

.- French Indo-China had a

population in 1936 of approximately 23,030,000, including 42,260 The peasants Europeans and assimilated persons and 326,000 Chinese. their meager livelhood depended for numbering more than 18 million About industries. on rice growing and handicraft principally handicraft 1,350,000 persons were dependent upon traditional

industries, while a very large proportion of the farming population

was forced to seek some supplementary income from handicrafts. The wage-earning group was very small 1 numbering only about 220,000.

In general, the masses in Indoka live in the greatest poverty. The farmer lives off his land and at best he can merely satisfy his immediate needs. He is faced with starvation if the harvest is poor, or if

any unexpected event such as illness or accident lenders,

involves him in unforeseen expenditure, his only alternative being to supplement his income by some handicraft industry or by

recourse to the money

a and hors of labor,--In general, wages are made up js of cash wages and payment in kind; rice, or rice and living'

quarters-frequently being supplied to industrial and commercial

employees as well as agricultural workers. Wages are somewhat higher in the southern part.of the country because of the scarcity of labor as compared with the overpopulated Tonking delta, but at best they are very low, In 1937, the average daily wage of-skilled workers in the North was 0.63 piaster, of male laborers, 0.29 piaster, and
of female laborers, 0.19 piaster, In the South the average was

1.17 piasters, 0,61 piaster, and 0,4 piaster, respectively, The piaster which was equivalent to 10 French francs was worth about 39 cents in United States curency at tnat time'so that daily wages 'of male workers ranged from about 11. to 24 cents in the North and from 25 to 4+6 cents in the South. The average
for female workers was from 7 to 16 cents.

The
until

10-hour day and 60-hour week prevailed in Indo-China

the enactment of the French law in October 1936 which

provided for a progressive reduction in hours to S per day as :,f January 1, 1938. After war broke out in Europe hours in France were increased to 60 per week and 10 per day and this
legislation was applied in Indo-China by local orders, Labor administration.--General supervision of labor was placed under the General Labor Inspectorate established in 1927. The duties of the head of this office included coordination of the measures for the regulation of labor, conditions of employment, and of savings and social welfare; control of the movement of labor; inspection of the different services and agricultural

undertakings in which labor is

employed- and the carrying out

of necessary inquiries. In 1932, the General Labor Inspectorate became the first Bureau of the Department of Economic and Administrative Affairs, and, therefore, ceased to be an independent

organization.
O~g~;~i~ d~31

xi -

Industrial relations.--There.has been little opportunity for a trade-union movement to develop in Indo-China, principally because the formation of a wage-earning class has been very recent and forms only a very small part of the population and also because the French Acts granting freedom of association were not extended to Indo-China and the right to strike was closely limited by the system of penal sanctions. In spite of these restrictions there wa, prior to Japanese control, a movement toward solidarity among the workers which was expressed by collective work stoppages in 1936 and 1937. These affected a fairly large number of persons. Conciliation boards were established in 1930. These were made up of French and native employers and workers but they were not very effective and were reorganized and strengthened in 1937. Cooperation.--There was no general cooperative movement in Indo-China but prior to Japanese control there had been some attempt at organizing cooperative credit facilities. Cooperative producing societies were attempting to improve agricultural products and a propaganda section had been set up by the cooperative agricultural office to promote cooperation among the peasants. Social insurance.--The only system of social insurance known to be in effect in Indo-China was workmen's accident compensation introduced in 1934 for Europeans and in 1936 for natives. The law provided for compensation in case of accident to workers employed in industrial, commercial, and agricultural and forestry undertakings, whether public or private. Benefits, paid by the employer,are payable for incapacity lasting more than four days. Conditions under Japanese domination.--After the collapse of France in June 1940 the Japanese by successive encroachments and through agreements concluded with the Vichy Government secured a wide measure of control over the material resources of the country and over the people. The Annamites, the predominant race both in numbers and ability, were reduced virtually to the position of slaves who must work for the establishment of Japanese control over Asia. -In the latter part of 1941 an Ambassador-at-large appointed by the Japanese was charged with coordinating all Japanese military, economic, political, and cultural activity in the colony. It was apparent that Japan's intention in this'appointment was to convert Indo-China into a virtual colony of the Japanese Empire. A Japanese mission charged with the investigation of Indo-China's natural resources had been dispatched previously and private Japanese interests were reported to be acquiring large tracts of land suitable for the cultivation of rice, rubber, and cotton.

-xii

Recent reports indicate

that

the French Governor-General who

had apparently been an active collaborator with the Japanese, was engaged in, a propaganda battle with the Japanese for the support' of native, -particularly Annamite, groups in a campaign to preserve the pre-war status of Vichy France as protector of the Federation. One of the measures taken by the government to secure the cooperation of the Annamites was the removal of restrictions on holding - important adninistrative posts by natives and the appointment of two Annamites to higher government positions, while
other measures taken by the Governor-General included increased educational opportunities, improved housing conditions in the larger

cities,

and

increased and improved medical and health facilities.

%;

aincludes the Colony-of Coohi-hina, the of , bda. To j, and Laos, and the territory of Kwangchowan. on the coast of the peninsula leased from the Chinese Government in 198 under a 99-year lease. The French occupation of the c ountry began in 1862 when the KiLng of nmama ceded Cochin-China to France French intervention in the affairs of Annam,, aiich began as early .as 1787, culminated in a treaty signed in 1884E by wich a French protectorate was established over that section of the country. The protectorate of Cambodia was established in 1863, that of To nuin in 18814, and the Laos

French

Ind

protectorates

territory in 1893.
in

The Inid

ese

Federation

or Union was created.

1887 by a decree placing t

three protectorates of authority of a Governor

.,

colony of Cohin-China and t he g, and bodia under the To

and the in 1900.

Union

General. Two years concession of K angchowan was

later

Laos

Joined the

added to the Union

The French position had been won by successive encroachments on the local, kingdoms. As these kingdoms had previously acknowledged Chinese suzerainty thefr occupation had ventually led in 1884-5 In 1893, more-to war with' China which ended with China's defeat. over, France had wrested from Thailand extensive areas lying along ndo -China. the Mekong River in the west and incorporated them in

Practically the whole of Cochin hina, the center of Cambodia*, the coastal. plains of the center and north of Annam, and the whole of lower Tonking are unrelievedly flat' never rising to more than a. are the' ozie few :meters above sea level. These low-lying districts where the soil has been cultivated to the best advantage and where The rest the population has become more dense and more civilized. of the country, constituting the greater part of Indo-China, is split up by mountain ranges and by rivers with many rapids which keep the different parts in comparative isolation. Indo-China is a tropical country with a warm moist climate, but its area is 'so large and the variety of altitudes so great that it has a wide range of temperatures.

-2-

In keeping with traditioal French colonial policy, Iudop-Chin was developed 'strictlyasa appendage to the economy of France, and has long been known as one of the most extensively exploited colonial areas in the world, The colony forms part of the region known as the 'rice granay of the Orient." French - capital. investment in the colony was concerned with the production of agricultural and mineral raw materials and ruled out the develoment of any -local industries which might in any way compete with the products of French manufacturers. As a result the great majority of Indo-China'a. population remained in a state of extreme poverty, dependent for their meager livelihood on rice growing and handicraft, industries, the only market for imported manufactures being provided by the European residents, the wealthy Chinese, the small group

of Europeanized natives.
In spite of ,the, opposition to the development of modern machine, a number of industries have developed in recent years, several of them introducing atern e meohanical techques for

manufacturing,
the

processing of certa.in agricutural products~ Coa ming 'which has been concentrated mainly in the hads of two large corni~es is carried on in these companies with modern equipmnt althog the
use of machines in minin war broke out.

the coal

had only just begun before the

A number. of mechanized rice .mills were established as well as sugar refineries, and factories for the distillation of rice liquors and some of the by-products such as industrial alcohol., rice
vegar,. glucose, and rice flour. Several large textile mls and a few large Western-style silk mills manufacture textiles for the local market, care having been taken to see that the products
did not compete

with

fabrics which

could

be imported

fro France.

Another important group of modern inustries which have been able to develop in Indo-China, in spite of the opposition of the Metropolis to colonial industrialization, incl.des those whch have grown up in response to the demanud for bidi materials" created by the growth of great modern comunties. The most iprtant of these is the manufacture of cement. Mnother inutry which dvlpdaareutothgrthothciis of electric power plants. The larger
electrically lighted, and served by electric 'street ri while the demand for, electric power for industrial pupses is

sities are tewsestablishment.

considerable,

- 3 The forest resources of the colony provide the basis for industrial enterprises catering mainly to the local market and not competitive with imports from France. These include sawmills which are scattered over the country (often owned and operated by Chinese, especially in the South), match factories, and paper mills. Other industries based on the existence of plentiful supplies of local raw materials include the manufacture of oils and soaps from such raw materials as copra, cotton-seed, kapok seed, palm seeds, etc. This type of manufacture has remained predominantly in native hands, although there are a few modern Frenchowned establishments and one Sino-Annamite concern operating a modern soap factory at Cholon. Manufacture of matting from locally grown fibers has been left mainly to native craftsmen, but several modern matting factories have been established in recent years in Tonking. One industry which developed rapidly in the 1930' s is the manufacture of cigarettes and package tobacco. Although only a limited degree of industrial development was possible under a French administration that was strongly opposed to any attempt by French, as well as by native or Chinese capital, to develop secondary industries there was an increasing recognition in France after the world depression that some form of industrialization program was essential for the solution of the acute problem of unemployment in the densely populated delta regions. Also, it was argued that such a program would raise the purchasing power of the Indo-Chinese people and thereby enable them to buy more French goods. French manufacturing interests, however, maintained that the markets for the proposed new industries would not be sufficiently large to justify the capital investment required and that industrialization would increase rather than lessen unemployment by wiping out native handicraft industries. By 1938, the French Government had slightly modified its attitude toward industrialization in Indo-China, to the extent of approving a program for the economic development of the colonial empire formulated by the Minister of Colonies, but, as finally adopted, the plan for Indo-China was an extremely limited one; proposals for expanding the local production of the colony's four major imports-metals, machinery, textiles, and chemicals-being ruled out. Official encouragement was given only to the expansion of existing light industries such as paper, cigarette, silk, cement, and glass manufacture, and to the initiation of industries producing silk thread, jute bags for rice exports, and rubber tires, and to the encouragement of native handicraft industries which were officially described as "one of the best methods of combatting the rural pauperism resulting from over population."

~~~~".eL

-4B. CHIEF PRODUCTS AND OCCUPATIONS

The most important agricultural crop, as already stated, is rice. The area under cultivation had grown from about 9 million acres when the French came to nearly 14 million acres in 1937, Indo-China'having become the third rice-growing country in the world. The total production in that year was 6,310,000 metric tons. The area under corn had grown from about 25,000 acres in -1900 to over 1,200,000 acres in 1937 as a result of the efforts of the French Government to ward off the dangers which would develop from dependence on a single crop, and the native crops of tapioca, soy beans, and sweet potatoes also had a remarkable development. One important step toward diversification was taken when rubber planting was established, production having risen from 35 tons in 1911 to 50,000 tons in 1936. In 1937, 127,200 heetares (314,300 acres) were under cultivation. At the beginning of the century no pepper, tea, kapok, or cotton was grown but before the war they amounted to 10 percent of the total trade of Indo-China. Other agricultural products produced in the different areas include copra, cotton,silk, jute, ramie and hemp, various cereals, indigo, sugar cane, tea, coffee, and fruits. There was also a considerable development of lumbering before the war and of the fishing trade. The country possesses valuable natural resources. The coal reserves, chiefly of high grade anthracite, have been estimated to total 20 billion tons. There are substantial tin deposits in Tonking and Laos, and smaller amounts of iron, tungsten, manganese, antimony, zinc, and lead. The mineral resources of Tonking were known and worked by primitive methods by the Annamites and Chinese for centuries before the coming of the French. The early years of the French occupation saw the investment of large sums, first in the search for deposits,and then in their development. However, coal has always held the dominant position in IndoChinese mining and the exploitation of the other mineral resources of the country has been carried out on a relatively small scale. In 1937 coal production amounted to 2,265,000 tons of which more than half was exported. The production of zinc, first undertaken by Europeans in 1905, has fluctuated markedly without ever attaining very great proportions. Since 1928 tin has become much more important to Indo-Chinese economy, comprising 29.5 percent of the colony's mineral production in 1937 when zinc had fallen off to only 2 percent. None of the other mineral deposits have been exploited on any considerable scale, with the exception of tungsten, lead, and silver produced as by-products in the refining of zinc and tin ores,

-5-

even areas,

Mining ranks-with agriculture as a legitimate colonial activity, among those who oppose industrial development in colonial
and there is thus nothing surprising in the fact that so

much French capital and enterprise in Indo-China should have been

applied in the exploitation of the country's very considerable mineral wealth.

Indo-China is divided into three main economic areas:- (1) The territory tributary to Saigon (Cochin-China, Camboda., Southern Laos, and Axinam south of Cape Varella), which apart from the fisheries on the coast and the interior lakes, is almost entirely
agricultural, being one of the great rice regions of the world. to Haiphong (Tonkng and the three The region tributary (2) northern districts of Annam) which is devoted to agriculture,

mining, and

manufacture.

(3) Central Annam (the region between

Porte d' anem and Cape Varella), with Tourane as the principal port, which is mainly agricultural but is not a great rice-growing High mountain ranges in the north provide valuable district.' tropical hardwoods, bamboo, lacs, herbs, and essential oils. Fising is a secondary but important native occupation, as fish forms a major article of diet, while a considerable surplus is

oxported to neighboring areas.

The principal articles produced in Cochin-China, in addition to rice which is the chief culture, are sugar cane, tobacco, betel nuts, pepper, oranges, bananas, coffee,' rubber, conts, There are many farm animals sweet potatoes, cotton, pineapples. and river and coast fishing is actively, carried on. Saigon and a sawmills, soap factories, mills, Cholon have 'a number of rice varnish factory, several rubber factories, fruit preserving factories, and 2 cigarette factories.

In Annam, rice is the most important product.

Others are

cotton, corn and other cereals, the areca nut, mulberry, cinnamon, tobacco, sugar, betel, tapioca, bamboo; excellent timber abounds,

also rubber, cardamoms, coffee, dye and medicinal plants, and

raw silk is produced. and iron ore. Cattle rearing is of some importance.

Minerals..found in the protectorate are gold, copper, zinc, coal,

Only a part of the soil is

under

cultivation in. Cambodia owing

The chief is fertile. to shortage of labor although the soil Among the other products are tobacco,' kapok, product is rice, breeding Cattle pepper, corn, palm sugar, rubber and silk. cotton, are Other native industries native industry. is a flourishing

weaving of silk and cotton, pottery, and making of rush mats. There is a cotton-ginning mill and rice mills at Phn6 n-Penh and a
Valuable forests cover about 20 million silk factory at Kampot. acres and phosphate, which is not worked extensively,is the principal mineral, There are also precious stones and jet workings.

Rice is also the principal product in Tonking while other

products are corn, arrow-root, sugar cante', coffee, tea, tobacco, and various fruits. A large quantity of raw silk is produced,

most of which is used in native weaving.

There are rich limestone

quarries and hard coal beds, and calamine ard tin mines.

.the Laos territory, producing rice, The soil is fertile 'in cotton, indigo, tobacco, benzoin, cardamom, fruits, and teak
forests. Gold, tin, lead, and precious stones are also mined.

Of the 221,052 wage-paid workers reported by the General Labor Inspectorate in 1929 there were 81,188 (70,323 males and 10,865 females) employed in agricultural undertakings, 86,624 in, commercial or industrial undertakings, and 53,240 in mining establishments.

C.

DISTRIBUTION OF THE POPULATION

French Indo-China has an area of about 740,400 square kilometers and a population in 1936 of approximately 23,030,000 including 42,260 Europeans and assimilated persons, 22,655,000

natives, 326,000 Chinese, and 5,400 Indians and other Asiatics. In 1937, the Europeans and naturalized persons numbered 38,880 of whom 23,903 were males and 14,977 females. In addition
there were' 3,465 'foreigners of whom 231 were Japanese, 138

British, 94 Americans, and 3,002 other nationalities.

Tonking and Cochin-China are the most densely populated areas,

averaging 75 and 71 inhabitants per square kilometer, respectively; ,while the average in Annaza is 38, in Cambodia, 17, and in Laos, 4.
However, certain areas particularly North Anam and the Tonking

delta are greatly overcrowded. In the delta lands of Tonking the number of inhabitants exceeds 500 per square kilometer. The area and population of'the Colony of Cochin-China and the four protectorates oI Annam, Cambodia, Tonking, and Laos are shown in the; foiowing table, by principal racial groups.

!.able No iArea and Number of Inhabitants of the Different States of they Indo-Chinese Union, 1936

States

Area

(square kilometers)

Europeans
4,985
2,265

and assimilated ~/Asiaties.

Re ional distribition Indians and other Chinese Natives

Total

Annam Cambodia Cochin-China Laos Tondking

147,600 11000 64,700 231,400 115,700

5,640,000 2,935,000 4,*427,000O 1,008,000 8,645,000

11,000 106,000 171,000

200 2,800 1,700 200 500

5,656,000 3,046,000

a
4,616,000
S

15,49

538
19,023

3,000
35,00

1,012,000 8,700,000

Total

740,40

42,260

22,655,000

326,000

5,400

23,030,000

and' Filipinos; j/Includes old French. colonists, mixed Europeans, naturalized natives, Japanese,, 10,574 Europeans in the Army and Navy.

-Sm

The two largest towns of Cochin-China are Saigon and Cholon; capital of Annam; the chief towns of Cambodia are, PhnSm-Penh, the capital, and Battambang; Hanoi and Haiphong are the principal towns of Tonking; Vientiane is the capital of the Laos territory; and Tch~kam (entirely Chinese) is the commercial center in Kwangchowan and Fort Bayard is the seat of the local administration.
4 eu is

D.

RACIAL ELEMENTS

1.

ti;%

The population of Indo-China is very varied; physical characteristics, language, religion, the degree of civilization,
and the mode of life vary from district to district. The lack of unity is largely accounted for by the topography of the country which presents a striking contrast between lowlands and highlands, The lack of any easy means of communication between the mountainous sections and the lowlands has had the result that every part of Indo-China lives more or less its own life, and local interests are of much more imporance than the general interest.

The three main groups of the population are the Annamites who form much the largest group-about 161 million-the Cambodians--about 22 million-and the Thai who are Mongoians, originally coming from China, and numbering about 1,400,000.
The Annamites occupy the plains of Tonking, Annam, and CochinChina along the eastern seaboard. They are the most intelligent element of the population of the Indo-Chinese Union and still bear the impress of Chinese civilization, their territory having been occupied by the Chinese for a thousand years, although they have not lost their ethnic characteristics and their language. The Cambodians, like the Annamites are not a pure race but are a product of Indian They inhabit the whole of modern Cambodia, and the civilization. western province of Cochin-China. The Thai came from China and They are the predominant. formed various groups including the Laotians. The mountain peoples of Tonking and Upper group in Upper Tonking. and the Muong-four groups--the Man, the Meo, the Lob, into Laos fall organization is extremely rudimentary, and the highlanders whose social of the Annan Range are a group of primitive peoples whose political organization has not progressed beyond the clan stage. They are estimated In addition there is a to number between 400,000 and 600,000.

numerically small Chinese element-about 400,000--which plays an

important part, however, particularly in commerce.

92. The Chinese

The earliest authentic record of Chinese immigration into Indo-China dates back to the end of the 17th century. There was a constant stream of Chinese immigration between the ports of China and Annam for a great many years. In most cases these immigrants arrived in groups and then proceeded to spread through the towns and district markets, to which they were attracted by the growing trade. The Chinese showed remarkable aptitudes for trading and money lending, and these characteristics,which contrasted sharply with the carelessness and simplicity of the Annamite in money matters, made it all the more easy for them to do business. Before the arrival of the French in Indo-China, they had established a hold over the whole country, owing both to their capacities and to the favor with which they were received and treated. They received the same civil rights as the Annamites and were entirely free to acquire and dispose of property and to carry on business. The Annamite Government, moved by political reasons and the desire to facilitate its administration, grouped the Chinese in communities or "bangs" under the orders of chiefs who were responsible for keeping order and paying taxes. The largest number of immigrants settled in Cochin-China where conditions for the development of trade were favorable and in Cambodia. In Annam the Chinese formed a floating population but in Cambodia where they were permanent settlers they devoted themselves to agriculture or fishing, the two main trades of the country. They had the same civil rights as the natives and the laws of Cambodia applied to them in all respects. In Annam, where the Chinese had intermarried with the Annamites, the children of these marriages who were first considered as Chinese were treated as Annamite subjects from 1829 onwards, although they were grouped in separate communities in each province. They were given the same political rights as the Annamites and were allowed to hold office in the kingdom, a right which had not previously been accorded them. The Chinese were quick to take advantage of the Annamite's perpetual need for credit facilities. They lent money at 60 percent per annum and took over the rice crops of defaulting debtors. They soon had a monopoly of the salt, alcohol, and opium markets and almost a monopoly of the export trade in rice. By entangling the Annamite population in an inextricable state of indebtedness, they soon succeeded in capturing practically the entire trade of the country.

a*M||-B-

10 -

The French occupation did not change this state of affairs to any appreciable extent. The Chinese, firmly established in the country for many years and speaking the Annamite language, seemed in many respects to provide a useful link between the victors and the vanquished. They thus became the caterers to the French army of occupation, and the French Administration even farmed out indirect taxation to them. The framework of the communities (the former "bangs") was retained by the French, as this system had the advantage of simplifying the relations of the authorities with the Chinese. Even up to the war the community constituted the basis of Chinese settlement in Indo-China. The community system was intended to make up for the lack of charitable and mutual associations on which the immigrant was-accustomed to rely in China and various forms of assistance were provided for these members of the community. The community system was officially recognized and regulated by an order issued by the Governor-General in Cochin-China in October 1906. Similar regulations were issued in Tonking in 1913,in Cambodia in 1919, and in Annam in 1928. In general, these orders established the regulations governing immigration, and the method of electing chiefs, as well as the latters' functions. They also imposed a poll tax on the Chinese, which has been protested by the Chinese but ih 1920 a similar tax was imposed on Europeans in Indo-China, in lieu of the personal tax. Moral satisfaction regarding the tax was given the Chinese by orders issued in 1935 which stated that the poll tax imposed on them would be called the "poll tax on aliens granted a privileged status." During the first of the French occupation, the administrative authorities were inclined to consider Chinese immigrants as a possible supply of labor to be used to make up any local shortage of workers; but it was soon found that as soon as they had saved a little money the Chinese set up as traders--a change which was made easy for them by the spirit of mutual assistance reigning in their communities. It is as traders and commercial go-betweens, therefore, that the Chinese have played an important part in the economic history of Indo-China. There are differing opinions as to the influence of the Chinese in Indo-China, their hold on the commerce of the colony being considered by some as a danger because so much of the profits on business was returned to China, while others considered that although the Chinese made money their economic activities also increased the wealth of the Colony.

14RRRIR

A Franco-Chinese Treaty of 1930, effective in August 1935 guaranteed te Chinese in Indo-China treatment at least equal to the most favored nation here. As a result they were entitled to the same rights in the .. aw courts as the British or Americans. l This placed them in a more favor'ble position than the Annaites, particularly in regard to labor legislation. The community system was strengthened by an order of the Governor-General of December 1935 which recognized the communities as incorporated institutions, a right which haid not previously been conferred on them.

E. LAND 0

SIP

AND CUSTOMS

The system' of property ownership in te te countries results from the . organization of the commune and the family. In theory the

Emperor
those

owns all it

the land. is left

He transfers for

who cultivate it paid.

In

and-pay the land tax,

uncultivated

possession of the land to but the land may be

taken back if

ceases to be

practice, however,

tax this right was rarely

a long time and the

exercised during the last century and the person who works the land has the right to uase, sell, and bequea h it, The village communiHty, .

whioh is the basic ad m tistrative unit of the country,, is a very strong corporative body and owns part of the land constituting its territory. The communal land, aside from the land used for pagodas, is distributed in equal shares and according to their qualifications
to each member of the collective association which forms the village.

The land which does not form part of the property of the village hbers of the community and each is divided among the registered head of a family possesses authority and prerogatives in his own family but is limited as regards the administration of his property by restrictions a ar to those applying to communal lnd,. He may not dispose of the family pagoda (huong hoa) which is devoted to to the eldest son. The remainder of ancestor worship and is left the land is divided equally among all the male children, The
fact that the registered members of the community are obliged to .tombs

perpetuate the worship of their ancestors and to care for their makes it very difficult to acquire land 1n prosperous communities. The head of a family who becomes insolvent and is dispossessed of his land prefers to remain there as a share farmer

or in some other capacity rather than to. emigrate to some more

In order to remain in his traditional home he is fertile district. prepared to accept all the exactions of money-lenders and of other

extortioners.

Those those names ,are not on the village register do not possess They merely have the right to use their share any l&.nd of their own. These is distributed every three years. land whic of the village persons and any strangers ctstitute a floating population from which the workers for industry and public works, are recruited the craftsmen and some of the agricultural workers for the concessions.

F.

INDEPENDENT WO1RKERS
Hand icraftsmen

1.

part in the Indo-Chinese communities.

French occupation the craftsman played an essential The communities were predominantly agricultural, and then, as now, the cultivation of rice Before

the

was very As there vas the basic economic 'activity of> the country. division of labor, and the requirements of the inhabitants little were few and easily satisfied, every peasant was at the same time, He could make all that he required to some extent, a craftsman. All the work was done in accordance with for his personal needs, religious rites, and the technique was so simple that a very short period of training was sufficient. In addition to these rural craftsmen, however, there was a body of more definitely specialized craftsmen, whose existence was due to

the need for greater technical skill or the localization of the raw These craftsmen Materials in particular geographical areas.
produced such articles as parasols, coffins, hammocks, pottery, tools, etc Another group of skilled

standing, and

craftsmen, of higher but equally ancient equally bound by tradition, existed in several towns

where their work was closely connected with certain religious or It was the artistic industries, particularly social activities

flourishing in Cambodia, which were carried on by these craftsmen who were either monks or retainers of the aristocracy.

13 -

The settlement of French colonists in Indo-China had practically

no influence on the life

'of the rural

inhabitants, who continued to

rely on their home industries for their household needs and clothing.

The survival of the traditional handicraft industries must be viewed, therefore, as the result primarily of their suitability to local needs and the inability of the masses of the population, especially
in rural area.s, to afford the substitutes for native wares offered

by oversea industry.

There

has been a good deal of industrial

specialization, principally in the deltas of the north, where it was encouraged by the excessively dense population. Most of these craftsmen own land, which they cultivate themselves so that their industrial work is considered as temporary work and as soon as they can acquire enough land they devote themselves, entirely to agriculture. In the celta regions of the north the preparation of certain foodstuffs was found, according to a study made in 1939, to rank

first among the rural industries so far as the number of persons employed was concerned Under this category dame such operations
as the husking and polishing of rice, the making of rice cakes and

pastries, of cheeses and starches, oils and molasses, and the

distillation of spirits,
The textile industries were the next most important of the rural industries in terms of the number of persons employed, and even more important than the foodstuffs industry in terms of the value of commercial production. In the Thanh-Hoa villages local, cotton

fiber is spun, and over a

wide

region coarse but serviceable fabrics

are woven, very largely by women, for the use of the peasants. Silk weaving from local raw materials is practised and lace work

and embroidery the manufacture of apparel, the making of fishing nets, ha ocks, ropes and twines from local fibers such as jute and
ramie are other important local industries. In other villages bamboo, palm leaves, rushes and certain vines are plaited to make

a wide variety of articles such as

and raincoats.

mats, hats, baskets, fish-traps,

Ever? n A village has one or more carpenters and cabinet makers and there are also groupa of specialized workers in stone and
metal and wood, masons, builders and. maskers of furniture and tools who move from place to place doing more specialized work. Occasionally,

a whole village will be found to specialize in one type of production such as iron, brass or copper work or in the making of pottery. These
are the principal traditional industries of the northern delta areas-

ndustries employing large numbers of workers--though there are in

ddition many more specialized crafts employing smaller numbers of persons. Among such minor industries are the making of jewelry,! certain types of papers, fans, religious objects, etc.

-s14-m
In general the traditional industries of the delta districts of northern Annam and Tonking are similar to those found in other parts
of Indo-China, though village specialization is less intense and as

a rule handicrafts occupy a less important place in the life of village

communities in regions where population is less densely concentrated.

A wide-variety of traditional industries is also found in

Cochin

China and Cambodia, although in these regions the abuxdance of land and the relatively, better economic status of the farmers makes the supplementing of rural incomes through handicraft work less necessary. The weaving of cotton cloth is important in the region south of Saigon while silk weaving, the plaiting of reeds and palm leaves into baskets, mats, and numerous other articles are carried on in other Cochin-China communities. Certain districts around Saigon are famous

for their

furniture makers, metal workers, and potters, while in

number of important metal-working centers. of Cambodia, however, and among the mountain

Cambodia there are a Over the greater part

peoples of Laos, purely domestic industry predominates, each family, or at least each village, supplying its own simple requirements of
"manufactured" goods. It was estimated in 1938 that approximately 1,350,000 persons were completely dependent upon traditional handicraft industries for their livelihood while a very large proportion of the farming population was compelled to seek some supplementary income from household or handicraft industries.

The

French authorities except in rare instances had done nothing

to improve the conditions of the rural craftsmen but a circular

issued in-May 1939 provided for the organization of traveling teaching staffs to improve indigenous handicrafts on the spot and loans for
A "Supervisory Council for handicrafts were under consideration. Annamite Arts" was set up in Hanoi by an order of September 1939.

Early in

1939 an "Office Indochinois dui Credit

Artisanal"

'was established "to support existing handicraft industry and promote its development wherever possible by means of advtances," in order to free the native handicraft workers from their dependence Native workers were also to be encouraged to form on usurers. cooperatives to organize the marketing of their products and assist

in the development of improved techniques.

15-

2.

The Peasants

The importance of the peasants in Indo-China will be understood when it is remembered that the economic system of the country is governed by the production of rice, which is still almost entirely in the hands of the indigenous inhabitants, In Tonking rice growing covers practically the whole agricultural area of the delta in the rainy seasons and from 60 to 70 percent in dry seasons, In other States of the Union it is by far the most important indigenous crop, About four-fifths of the rice produced is used by the inhabitants and the reminder, constitutes the main export product of the country. The preponderance of agriculture is shown by the fact that up to 1938 only about 220,000 -wage earners were employed in coimercial and industrial undertakings while more than 18 million persons were engaged

in agriculture,
Under the influence of 'French penetration and recent economic evolution, the existing agrarian system varies considerably froin the north to the south of Indo-China, as regards both the distribution

of land and the methods of cultivation,

Owing to the Annamite system

of dividing property among the children the holdings in the deltas of Tonking and Annam have become very small. In Cochin-China on the, other hand there is a preponderance of very large holdings, 45 percent of the rice fields forming estates of from 50 to several thousand hectares. /In Cambodia the family holding is the rule, and in the Laos and Mois districts,. which are sparsely populated and where there is an abundance of unoccupied land, rules of land tenure are much less strict, Thus, agriculture in Indo-China has gradually evolved,, by different methods in different districts, to a position where there are two very distinct elements: on the one hand the large and medium-sued landownersmites or French--who exercise their

influence through the

mandarins, the local councils and chambers of

agriculture, etc., their associations, and the credit system; on the other hand the working msses; smilholders, tenant-farmers, share-farmers, and wage earners, all more or less subject to the other group.

1 hectare

2.471 acres,

-. 16

40

In general,

the masses of Indo-Chim

land .nd that is

live in
all

the greatest poverty.

The farmer lives on his

he can hope to .do; at

best he can merely satisfy his most immediate needs. He is faced, with the problem of starvation if the harvest is poor or if any
unexpected event, such as illness or accident, involves him in unforeseen expenditure. This is true in all sections of the country but it is in the teeming deltas of the north that life is most difficult. Many families find it difficult live tbrough the period from one harvest to the next, The average quantity of rice consumed by the Annamites in these deltas is estimated at 95 kilograms

-,to

a year which is far from adequate.. Many small landowners possess in addition .to their tiny field and their rudimentary hut, only a few rougei tools, a pig and some hens, worth a few piasters in all; most
of them have no draft animals and cannot afford to hire any. The moneylenders do a flourishing trade among these masses--high rates of interest are,, charged and the interest which is paid in the form

of a fraction of the harvest still further reduces their assets. If the yield-is insufficient the land itself provides security for
the claim. Measures which were complete taken n later years to improve the lot of of land tenure,

the Indo-Chinese peasants by the French authorities, but with insuccess, were improvement of the conditions

increasing the productivity of the soil by dredging and the construction

of dikes and irrigation systems, credit at moderate rates, An attempt individual land a normal system uncertainty of and the organization .of agricultural

was made by the Government of the Colony to establish ownership on a stable basis by gradually introducing of land tenure which would do away with the existing title deeds and enable cheap credit to be givensuccessful schemes

against good security but the Amnamite system was so different that
not much progress was made, The Government was more in thne land .reclamation and flood control and irrigation

which had had considerable effect in increasing rice production

The Annamite peasant suffers from a permanent need of money throughout his life, Before the French authorities provided farmers with cheap credit by establishing native mutual agricultural funds, agricultural credit was granted solely by certain Annamites who had large estates Interest rates were extremely or by the "chettysn or Indian bankers. high. The usual rate in 1933 was from 3 to 5 percent per month for

small loans- but a rate of 3 percent per day was reported to be not unusual. A decree issued in May 1934 fixed the legal rate of interest at 5 percent per annum and the maximum rate which could be accepted
by agreement at 8 percent,, and a supplemental decree of December :936 provided for recovery of interest illegally charged. It is not known The mutual 'to what extent these measures improved the situation.

-agricultural credit systems set up in the country had not been success-

ful

in reaching the small producer who was the most in need of such a

service,

17 -

During 1938-39 the agricultural credit system, which was at first almost exclusively a State institution became, under the influence of the administration, more and more cooperative; measures were being taken through the cooperative producing societies to improve agricultural produce and a propaganda section was set up by the cooperative agricultural credit office to promote cooperation among the peasants.

G.

REGULATIONS REGARDING FOREIGN WORKERS

The recruitment of contract labor which was regulated by the order of the Governor-General of October 1927, provided that any employer in agriculture, industry, or mining who wished to introduce workers recruited outside Indo-China into any country of the Union must first secure authorization from the Governor or the Resident Superior of the Colony or Protectorate in question. This request transmitted to the head of the local administration had to be endorsed by the Inspector of Labor., Upon their arrival in the country such workers were subject to the local regulations upon the admission and travel within the country of Asiatic foreigners. The immigration service was responsible for their reception, for having them fingerprinted, and for providing them with an identification card. Prior to 1906 the Netherlands Government refused the applications for Javanese labor by the planters of Cochin-China, but in that year the emigration of these workers was authorized by the Netherlands Government on the understanding that certain guarantees would be given them by the employers. Indo-Chinese legislation applicable to Javanese workers was embodied in orders issued between 1910 and 1916 fixing the details of the employment contracts of these workers and guaranteeing to them and their families certain working and living standards. However, as Javanese labor was found particularly expensive in times of depression Indo-China gradually ceased-to reengage these workers when their contracts expired and at the end of 1934 there were only 79 in the country. Because of the depression in the 1930's the French Minister of Colonies extended to the colonies restrictive measures on the employment of foreigners similar to those adopted in France. A French decree of June 1933 for the regulation of employment of foreigners was promulgated in the Colony in April 1934. This act was intended to relieve unemployment among French citizens by reserving for them the greater part of the posts in Indo-Chinese undertakings. The regulations, applicable to all public and private undertakings, limited the proportion of alien workers to from 10 to 50 percent for different types of public and private work,

18

A similar order fing the maximum proportion of foreign workers, either Europeans or Asiatics, with the exception of those enjoying a privileged status-Chinese, and Indians of the British and French

colonies-was issued in March 1940. The proportion of such epmployees to French workers' was fixed at 5 to 20 percent in different classes of undertakings but exceptions could-be made to permit the
employment of specialists on special authorization by the GovernorGeneral. Violations of the order carried the loss of permission to reside in Indo-China.

He

GLaTICN OF SPECIAL GROUPS

1,F rc

Lpbor

Forced. labor which is defined in the International Labor Convention as "ali work or service which is exacted from any person

*,under the menace of ay

offered himself voluntarily"

penalty and for whichi the said person has not

is in general not admitted by the Indo-

Chinese Government However, forced labor on the behalf of certain chiefs of the Muong tribes in Laos has been allowed to continue as the tribesmen derive certain advantages from the system and the Government felt that it was impossible for the authorities, by the mere issuance of an .order, to abolish a custom which dated back to the very earliest days of the Muong tribes.
The physical conditions of Indo-China impose certain obligations on the inhabitants in connection with the protection of dikes. This

'Convention but

type of work is not considered as forced labor by the Geneva The protection of the dike systems as emergency work.

is of capital importance throughout the whole of

Annam and Cambodia,

and especially so in Tonking where the height of the Red River between banks during sudden floods is often above the l'evel of the land. The corvde system by which persons liable for labor dues were number of days of labor required to provide the State with a certain a year for work of public interest dates back to ancient times in

Indo-China. Under a decree issued about 184+0 by the Emperor of n persons. liable for labor dues had to work 48 days a year for work of public interest such as the digging of canals, building royal
Each community had to provide workers in roads, and their upkeep. proportion to the number of able-bodied persons on its register.

This system also existed in labor and render it more

Cambodia and Laos but in 1881 the corv~e

The French authorities made use of

was converted into labor dues with provisions to curtail this form of

humane.

requisitions mainly for the construction of railways.

- 19 -

The French Government issued a decree in August 1930, defining the general principles of compulsory labor for public purposes in colonies and protectorates which was applied in Indo-China in

February 1932.

This order provided that with the exception of cases

of force majeure and of labor for communal services recourse might not be had to compulsory labor except for public purposes and by way of exception. The order fixed the conditions under which the levying of workers might be authorized. For new work or maintenance work requiring less than 3,000 days work the heads of the local governments (Governors and Residents) may authorize the subordinate authorities to levy compulsory labor but for longer periods a special authorization of the Governor-General is necessary. Porterage which was imposed, particularly in the mountainous areas, where there was a lack of means of transportation was regulated by an order issued by the Governor-General in February 1932. This order fixed the maximum loads which could be carried by coolies and provided that compulsory porterage must be forbidden whenever it was possible to use animal or mechanical transport. An order issued in May 1933 fixed the local scope of the general prohibition of compulsory labor introduced by the 1932 order; compulsory labor for public purposes was prohibited in the whole of Cochin-China and Cambodia and a considerable part of Annam and Tonking. In the other areas the maximum period of compulsory labor was fixed at 30 days for Tonking and 60 days for Annam and Laos. Compulsory labor in the service of private persons is permitted. not

Labor dues are not considered by the administrative authorities as a real form of compulsory labor but as a special form of taxation. These dues have been included in the personal tax in Cochin-China, Tonking, and Annam, but throughout Cambodia labor dues still exist as a separate tax and exception to the general right of commutation are found only among the primitive "khas" of Cambodia who are exempted from taxation in exchange for 16 days compulsory work. In general, compulsory labor levies are permitted only in remote districts which have no regular means of communication and even in such districts only the porterage and transport of Government stores may be imposed and then only subject to clearly-specified conditions. In August 1937, the Forced Labor Convention adopted by the International Labor Conference in 1930 and ratified in France by law of June 17, 1937, was promulgated in Indo-China. Certain reservations were made in the order by the Governor-General insofar as forced labor for military works, payment of taxes, public works, and teaching agriculture were concerned.

< '

S r .i g of agricultuPral labor under long-term contracts began 1905 when large areas of fertile '.but uncultivate4 land were opened Since these areas 'were too sparsely up in Cochin-china and Cambodia. in
settled to provide the necessary labor the planters,,turned to the

northern par s f L doChina and more especially to the Delta where Recruiting on a large scale began there was an audant labor supply. in 1919 and by 1927 more than 20,2000 workers were employed on the
From a4 study in the southern part of the country. rubber plantations of the potential labor requirements and of the labor reserves in 1927 it was estimated that it would be necessary to recruit 39,000 workers' for Cochin-China and Cambodia for the rubber plantations alone and to carry on recruiting in Tonking and it was decided: therefore,

Annam.

In

;Ton

ng..pe

ts for recruiting were granted by the

employment outside Indo-China (French Governor-General for Establisamts in the-Pacific) and by the Senior Resident for No limit was set on the employment in other parts of the Union.

number of workers recruited but in Annan a limit of 8,000 workers ,000 would go to Southern Indo-China and annually was set of whom 7,
1,000 to the Pacific Islands.

In order to carry out the proposed mobilization of native labor successfully, orders were drawn up by - the, General Labor Inspectorate (established July 1927) concerning the conditions of remuneration of workers from Tonking".and measures: for protecting plantation coolies, including provision for deferred pay. These ohch ,were put in force .inOctober -1927 were amended regulations

in

August

1928 to concentrate as far as possible all the operations

for the engagement o workers from Tonking and Northern Anna, under Supervision Office in the port of Haiphong. Emigration the Workers'

ose, however, between the authorities and the Controversies , gers over recruiting methods and the terms of the 'plantation contracts., and-an erder was issued in July 1930 regulating the

profession of private emgration agent.

within the country ad 5 mi he
forl1

contract period under a written contract was 3 years in the South Pacific, with penal yeas in 1935 provided that contracts rder isue ctions, but
The._. 2,9 or 3 yeare

About the middle of 1929, the world depression had caused a drop
in the quotations for colonial products and especially for rubber. Thi decline became moremmarked in 1930 and 1931, and led the planters to suspend their development work and to cut down their overhead expenses by reducing the amount of labor to the minimum necessary for maintaining their plantations. Consequently the recruiting of contract labor declined, and had practically stopped between July 1931 and June 1932. The General Labor Inspectorate then took steps to lower labor costs, more especially by revising the conditions of engagement of workers. The minimum wage under new contracts was reduced from 40 piasters }/ a day to 30 piasters for men and 30 piasters to 23 piasters for women, with a supplementary rice allowance for children. As a result of the wage reductions there was a revival of recruiting from 1932 onwards. Between 1923 and 1934 the greatest number of contract workers recruited for work in Southern Indo-China left in the 3 years 1926, 1927, and 1928 when 16,861, 17,606, and 17,977, respectively, were sent to the plantations in that area. The number leaving had fallen to 206 in 1932 but had increased to 6,068 in the first 10 months of 1934. In 1931 and 1932 when only 2,771 were recruited, 17,601 were repatriated. During 1935 there was an appreciable decline in contract employment. Under the 1930 order recruiting is carried out in the areas

specified by the head of the local government by authorized private

emigration agencies acting for the employers or by their agents. The employees of recruiting agencies are subject to rather strict control by the local labor inspection office or service. Workers before signing a contract were required to produce an identity card which was required by an order issued in 1918 for every person passing from one country,of the Union to another. As this document was originally intended for individual movements and not for the transport of groups of emigrant workers an order was issued in July 1928 which facilitated the engagement of workers under contract by introducing a special card for contract workers which takes the place of their identity card during the period of their engagement. This card had the advantage of enabling the worker to offer his services in any area in which recruiting is taking place without being compelled, as formerly, to apply to the authorities of his native province and village.

/ Piaster equal to 10 French francs; exchange rate of franc in U. S. currency in 1932 = 3.72 cents.

Workers applying for first have to have a physical tion and if foumd healthy are vaccinated against s ll~pox
and aainst su h' other eidec

S22 ~ contrat work

dieses

as the

Consider niecessa

ter th signig

mdical

authorities

is fed and housed at the eense is sent to the concentration area at the point of embarkation. Each prate_,.6 emigration agency is required to maintain an "isolation" camp-with pr per hygienic facilities where the necessary medical and administrative measures an b carried out, If the workers are accepted they are given an advance from the recruiter in the presence of the representative of the authorities which is subsequently withheld from the worker's wages. Those who are found unfit are sent back t eir vllage origin at te nee of the recruitinig agent, Equal care is taken in the inspection of vessels intended for the trnsort of emigrnts and in insuring that they have adequate quarters and the quantity and quality of the food is satisfactory during e .voyage Worke. are agai ezaned upon their arrival and any suffering from either contagious or other diseases are either isolated or hospitalized or, if necessary, they are returned to their

of the cantract, the worker of the recruiting agent until he,

countrys of origin at the exee

of the employer,
es tbi

The re ulations of October 1927

familyld not

she

the

principle that

broken

ups

Persons, permitted to emigrate include married or single men over 18 years of age; married women over the age of 18 years providing they are accompening or rejoi nig their husbands who are employed in the same undertaking; adult women over the age of' 18 years who are single, widowed, or divorced--if under 21 years the authorization of their parents is required; and young persons between the ages of 14 and 18 years who are accompanying or rejoining their parents, proded they work in the same under ig, A contract is not required for married wn accopyin or rejoining thir hu bds or for children

accompanying their
for the eenses and

arents, but the- recruiting agent is responsible the food of the double journey,

Workers recruited i Tonking or Annaim for employment in another of the Union or in the French Oceanic Establishments ae engaged under a written contract guarat seing certain im standards of treatment, e In o-hinese authorities tae no direct part in recruiting operations ut merely spe viseas d protect, The contract, accoridng to a rer of Spteiber 1935, Must provide for the free transportation of the cantr worker and members of his family from the place of recruitment to the undertaking and for their repatriation to the place of recruitment, The contract must be signed in the presence of an official who-, ust make, certain that the
country worker

has

fly

understo

the conditions

.The contract may be terminated by mutual consent of the parties; in case of physical unfitness of the worker; by the worker after 18 months' service if he gives 3 months' notice and repays all advances and'his recruiting and transport expenses, including cost of repatriation; by the employer for bad conduct or offenses against discipline or against ordinary law. On the death of the husband or head of the family the wife and dependent children have the right to cancel their contracts without payment of compensation and to claim repatriation. An order of September 1935 provided that a worker terminating his contract after 18 months' service retains his right to repatriation if the required 3 months' notice was given. The hours of work carried out on a daily basis are 10 a day, including the time going to and from work. In work organized on a task basis the amount of work assigned may not exceed what can reasonably be performed in the maximum hours fixed for work on an hourly basis. In addition to his daily work every worker must spend Necessary 2 hours a week without pay in cleaning the encampment. overtime work is paid for at lj times the normal rate. A two-hourrest period must be given during the hottest part of the day and shelters must be provided,if the workplace is far from the camp. One day of rest must be given a week and certain religious holidays are given but no food or wages are paid for these days. Wages must be paid at least once a month and within 10 days of the period for which they are due. Although wages were reduced in September 1932 wages of 0.20 piaster per day for young persons, which were not formerly provided for, were included in the new rates. In 1927 a system of deferred pay was instituted by which 5 percent of the pay was deducted and an equal amount paid by the employer into a general fund centralized under the Direction of Posts, Telegraphs, The aim of the Governor-General in instituting and Telephones. this system was to protect the workers against improvident habits and their tendency to squander their earnings on games of chance

and to borrow money at

exorbitant rates of interest so that in too

many cases they returned home destitute at the expiration of their As a rule the deferred pay is refundel to the workers contract. when they are repatriated, but half the amount may be paid. out during their service either to enable them to meet the. expenses connected and customs on the death of a parent, wife, or with various rites child, or for their legal marriage.

24

The 1927 order provides that if: the contract provides that the employer shall furnish all of the food the daily ration for an adult man must provide 3200 calories. The ~inimu ration must contain rice or 5- grams of 00 700 ,grams' (later raised to 750 grams) ,of d dry rice and 200 grains of bread together with specified amounts of
fresh. meat or .preserved or dried fish or fresh fish, green or dried.

vegetables, salt, tea, and fats. Half : the' ration is provided for children under the age of 14 years, and for infants under,-the age of 18 mnths, if the mother does not nurse them, 400 grams of condensed milk every two days. The ration must be composed of healthful foods of good quality and mst be -issued daily. The employer must supply the workers with water for drinking, cooking,
and washing, sterilized when necessary-

Special regulations for Cambodia issued November 6, 1928,

provide .that if the workplaces are at such a distance that the workers; must eat their midday meal there, the cooking must be done by workers

specially detailed for this duty. If they are- moving from one workplace to'another their food must be served ready prepared by the employers. When the employer is responsible for preparing their food, fresh meat must .be given at not less than 3 meals weekly and fresh vegetables at not less than 6 meals a week but fruit may be subsituted for vegetables three times a week; the fat should be fresh pork fat.
Contract workers are supplied with a few necessary clothes at
the time of embarkation but during the whole period of their engage-

ment they must supply their own clothing. The workers are entitled to free housing accommodations for Most of the workers employed in themselves and their families. Cochin-China and Cambodia are housed in individualhuts built of The huts are Tron. or wood and roofed with tiles or corrugated
grouped together to form a camp or village, but the employer must nationalities. the different provide separate groups of buildings for

brick,

Apart from the

medical inspections and vaccinations which the

and repatriated, they

wdrkers must undergo when they are recruited

remain under the supervision of the chief medical officer of the district during their term of contract. This officer is responsible for all matters of hygiene and protection of the health of the workers and 'When workers are seriously ill they must be families, their
sent hospital to a hospital and the head of the Il Government fixes the

payment to be made by employers to local funds to cover the cost of

treatment of the.r, workers.

25

The supervision exercised by the administrative authorities for :protecting the workers is in the hands of the labor inspectors, the administrative officers, .and the labor supervisors working unider the direction of the head of the Local Government (Governors or Senior Residents), In practice, the actual work on the plantations is carried out by the labor supervisors, whose main duty is to see that the employers and workers carry out ,heir contractual

the

purpose of

obligations,
Fines, or imprisonment may be-imposed on the workers for various offenses, and fines are also payable by employers 'for infringements
of the labor contract, According to a 1929 order, labor inspectors have power to impose ordinary police penalties (fines of from 1 to 15 francs or imprisonment for from 1' to 5 days) in the case of

More severe penalties were fixed by breach of contract by workers, orders issued in 1932 and 1933 for fraudulently retaining advances
of wages, or any type of engagement bonus, the terms of the contract, or for not carrying out

3,

Noncontract Labor

Until 1930, noncontract labor in Indo-China was the object of very few regulations, The administrative authorities had made an attempt to define the legal status of noncotract labor by issuing workbooks to certain classes of workers and establishing mnachinery for the regulation of individual and collective labor disputes occurring between workers-and employers, They had also promulgated a number of laws organizing protective measures for the workers' health and welfare and in January 1933 steps were taken to regulate conditions of work, The conditions of short-term agreements between European employers and Asiatic workers and servants were fixed by an order issued in

1899 which was originally applicable only in

Tonking but was later

extended to Cochin-China. and the Protectorates. The order limited the period for which workers could hire their services to 1 year, apart from re-engagement, and provided that all indigenous persons working for European or assimilated persons should have workbooks. These provisions were not strictly observed, however, and measures were taken in Tonking to apply the regulations more strictly, first to skilled workers and, by an order of January 1930, to all indigenous or assimilated Asiatic employers and workers with the exception of

domestic servants and indoor staff, who in an indigenous society are considered more as members of the family than as ordinary employees. An order of February 1936 extended these regulations to the whole of
the union, with the exception of servants and seasonal agricultural workers,

A system of control has grown up with the development of industry, resulting from the ignorance of European employers of the native language, by which native intermediaries called "cais" are employed s agents of the employer in various capacities. In some cases the cai is appointed by the manager of an undertaking to carry out certain duties agreed upon in advance, but on his own account and his own responsibility. He may be responsible for the engagement of the workers, the organization of the work, the payment of wages, etc. In this case the cai is really an employer and is known as a cai-subcontractor. In some cases the cai is hired to recruit workers in the villages and his job ends when he has conducted the workers to the undertaking. In other cases the cai continues to supervise the workers recruited by himself or others in which case he is really a foreman and responsible tothe employer for the discipline of the workers under his orders. In still other instances, the cai may simply be responsible for providing and cooking food for the workers. Many corrupt practices grew out of this system varying according to the nature and the duties of the intermediary. Some of the subcontractors deduct such a high percentage from the payment for each job that the workers receive only a small part of their earnings. Among other dishonest practices of the recruiting cais are failure to give the workers full details as to wages and living conditions prevailing at the place of employment, or to give sufficient attention to the working capacity of the workers they engage, as well as making a profit on the various operations they carry on such as catering, transport, etc. An order aimed at securing more responsible agents issued in July 1930 provided that each recruiting agent must be provided with an identity paper, a personal tax card for the current year, and special authority from his employer endorsed by the Resident.

- 27

II.

EMPLOYMENT AGENCIES

The earliest regulation of labor employment was in connection with the recruiting of labor for work on the plantations under long-term contracts in the southern part of the country. Recruiting started as early as 1905 but it was not until 1927 that regulations were issued defining the form and the conditions of the contract and providing for supervision of the workers on the plantations as regards the methods of wage payment and the material conditions of food and housing. It was proposed that public employment exchanges should be set up in Tonking but the Governor-General did not consider the rural population was sufficiently developed to enable such organizations to work effectively, although it was recommended that recruiting by professional agencies should be regulated in order to prevent abuses This reform was not carried by indigenous recruiting agents. on until July 1930 when an order was issued regulating the profession of private recruiting agents although recruiting had already fallen off owing to the world depression which had caused the planters to curtail the work on the plantations. Employment exchanges were set up in the commercial centers of Saigon and Hanoi by an order of November 1929 for the purpose of assisting discharged soldiers and other unemployed Europeans to find work. These offices were not very successful in placing the unemployed and as a result the Government did everything in its power to facilitate the repatriation of unemployed Europeans to France. There is no information as to whether there was any further development of employment exchanges.

28III. A, WAGES, HOURS, AND WORKING CONDITIONS

GENbEAL LEVEL OF PaE-WAR. WAGES

In general, wages in Indo-China are made up of cash wages and payment in kind, rice, or rice and living quarters frequently, being supplied to industrial and commercial employees as well as In some cases the entire payment is in kind. agricultural workers; There is quite a wide difference in wages paid in the northern and southern parts of the country, the higher wages paid in the Saigon-Cholon district being due to the scarcity of labor as compared with the overpopulated Tanking delta. Workers in agricultural and industrial undertakings are paid by the day while servants, and The wage income of salaried employees are paid on a monthly basis. is actually much lower than the wage rates would the workers indicate. /Low as they are, the wage rate figures give an exaggerated idea of the real wages of the Indo-Chinese workers who earn money only a part of the year. Moreover, the wages in addition to being further more reduced by the long periods of unemployment are still cut down by payments to the cai (foreman) to keep in his good graces and by undue deductions by the employer. In 1937, the average daily wage of skilled workers in the North was 0,63 piaster, of male laborers, 0.29 piaster, and of female laborers, 0.19 piaster; in the South the average was 1.17 piaster, The exchange value of 0.61 piaster, and 0.42 piaster, respectively. piaster prior to the devaluation of the French and United States the currencies which was equivalent to 10 French francs was about 39 cents in United States currency, so that daily wages of male workers in. the North may be said,. roughly, to range from about U to 24 cents The average for female workers and in the South from 25 to 46 cents. was from about 7 cents to 16 cents. Tables 2 and 3 show the average wages of skilled workers and laborers in the North'and South of Indo-China, 1931 to 1937, and the average daily wares in different occupations in Saigon in

October-1938.

Table No

Average.

Daily,,Vages Tabe North and South Indo-China, 1931, 1934, 1936, and 1937 N.2AveageDaiy Wgesin

Average Class of' Workers and Year Skilled workers *1931 1934 1936 1937
Hanoi

in centers in Tonking Saigon'Arna Piaster 0.81 .69 .59 .62 .37 .25 .2.4 .25

Haiphong Piaster 0.79

Cholon .

(Southern
Indo-Chinxa) Plasters 1,50
1.22

Plaster 0.63 .61 54

Piaster

Total Northern. IndoChina Piaster

Total Southern IndoChina Piasters

0.62
.53

.59
036 029 .28 .22 .20, .18 .20

.58 56 .55 .37

.30 026 .30 .31 .21 .17 .21

45
.53 .31 .26 .27 .29
.18

1.13

1.20
.74

x1.62 2/.56

/0.74.

2/.63
.38 .29 .26 .29

2/1.19 /1.a10

Laborers, male
1931. 1934 1936 1937 Laborers, f'emale 1931 1934 1936 1937

56 .54
.62

a .55.
~/.61 .45 .43
.38

te/ .7e r
0 / 53

.25
.9 .15 .19

.15 .15 .18

.45 .43
.38

.22

.19 .18
.19

.42

.42

2/Including

railroad and street railway workers.

Table

o. 3 Daily Wages of Native Workers in Different Industries in Cochin-Chins. October

1938

occupation

Average dai1X wages in Printing Railway-, street Building, and bookrailway, ai~ binding other transortation Piaster Piaster Piaster
0.80-1.40

*Saw~yers Carpenters, Joiners Painters Other wood workers Fitters

Foundrymen Boiler makers

S80-1.50 .75-1.40

.60-1.40 .80-1.00 1.10-1.65

1.10

.55-1,20
.70-1.10

*50-1.90 .50-2.10 .80-1.90

.55-1.20 *6-.90

.85-1.40
. 50-2 00 .50-2,00

Blacksmiths Tinsmiths Turner~s

.90-2,00.

Riveters
Coppersmiths Solderer' Other metal workers Locomotive engineers Locomotive firemen Motor track drivers Electricians Rivet, heaters Masons Millers Foremen Coolies, skilled Laborers, skilled, female Coolies Cement makers Firemen Printing machine operators Compositors Type founders Book binders and sewers Draftsmen Lithographers

1.20-1.30 .90-42.10
1.20-1.80

.50-1.50 1.30-1.50 *65-1.30 .70-1,.40

.55._l.75

.65-1.80

.75-1.35

.80-1.00
.85-1.30 .50-1.60
1.00-1. 50 .90-1.60 1.20-1.30

.90-1.50 65- .95

.65-1-40

1.00-1.60

.50-1,6
.90

.60-1.10
.60-2.20

.90-1.20
.60-2.10 1.00-1.60

60--2.30

1.20-1.80 2.20

NNW

I. ai~e in MI i
In 1936 there was a total of 43,850 miners employed of whom 37,205 were engaged in coal mining and 6,645 in metal mining. Most of the mining labor is Annamese or Chinese, the latter representing about 10 percent of the mine workers.' Chinese are regarded as the better workers and are paid about 40 percent more than native workers. Women, in genraela, earn about 10 percent less than men. There was a general reduction in mining wages-between 1931 and 1935. During this period the price of rice dropped considerably, but there was an important increase in the cost of living at the end of 1935, whicha was
followed byr a small increase in wages in 1936 in most occupations in

the different mining areas. 'The average wages paid in coal mines and metal mines by' different companies in Tonleng: and Laos between 1931 and 1936 are shown in the

following table.

33
Fable ]No.

4 Average Daily

Wages Paid by Coal Mining and Metal

Mining

Companies in To

gand Laos, 1931 and 1933 to 1936

Coal

Mines
1931
Average Daily Wages in--

Occupation

1933

1934

13 195 Piaster

13

93

Piaster Societd Miners Timbermen

Plaster

Piaster

Plaster onkin

Fran

aise des Charbonna es du

0.59
.66

0.45
.45

0.35
035

0.32 .32

0.38
.38

Trammers Blacksmiths
Laborers

.45
1/.2O 0 ~.36
oite du

.36 .72
.28

.26
~/.70
.28 e di

.23

.29

~/.63 ~/.69 .24 .26

uynqun

Crbo
.42
.48 .33

Miners Timbermen Trammers

.42

.41
.36 .27

.40

.38
.38 .27

.48
.32 .52 .38

.35

.22
.60 .23

Blacksmiths Laborers

.50 .30

.67 .27

.58.

0'23

Miners
Timbermen Trammers Blacksmiths Laborers

.70
.60

.50

.50
.40

.40
.40 .20

.35
.35
.20

.38
.38 .23

.50

.85
.36
Metal Mines Mins

.70 .28

.50 .20

.45
.20

.50
.22

e Coden

fToi
-. 28 .28 _.30

Miners Timbermen Tramiuers Blacksmiths

.40

.40 .36
1.00

.39 .39 .37

.80

.28
.28

.28
.28

.30
.30

Laborers

.34
Mines of

.34

.80 .27
(Toms n)

.60 .27

.70 .30

Tinh-Tuw
.38 .41 .34 .77 31

Miners
Timbermen

--

.42
.60

.38
--

.38
-

Trammers Blacksmiths Laborers 1/

---.

.35 .74 .35

.35 .65 .30

.38 .85 .34

-Chinese blacksmiths employed at this mine.

--

--

UN CILASSI

FIE D.

The

the enactment

10-hour day and 6O-hour week prevailed in Indo-Ohina up to of the French law in October 1936 providing for a

progressive reduction in hours to 8 per day as of January 1, 1938, in industrial and commercial establishments. At the beginning of 1938 it was- reported that 29,Q9O mine employees of the Soci tg Fran 9 aise du C arbo nages du Tonking were working 8 hours per day.
It

was

reported in 1939 that large and mi.ddlesized under-

takings had had no difficulty in applying the 8-hour day although they had found it necessaxy to increase their staffs and train new workers.
of war in europe hours of work were lengthened by a decree of Septemaber 1939 and an October decree provided tat no increased wage was- "Vo. be paid for overtime Thee e

'After the outbreak

in

France

decrees were, app) ied inIndo-China bylocal orders 'which provided that
hours, in industrial and commercial establishments, could be Extended 1 hours of women to be 9 per up to 60 per weck and 10 per day,, the no
day a~d

54 der

weekg~~g~

TREND

OF~iCST

AND WAGESB~i

Comparison of the chanes in wage rates with changes in the cost living shows that the rise in wages between 1925 and 1930 was accompanied by a nearly equal rise in liven s s. wge indexes accordof

ing, to

figures pbihed in the, Bletin Economique de 1w based on 1925 as 100 rose to 125 in Saigon in 1930 and to 120 in Hanoi, and the index of the cost of living in the two areas to 121.
Cost of living and wages began to dec1ine in the third quarter of 1930, the cost-of-living index hiving fallen to 70 in Hanoi and 77 in /. Comparable figres are not Saigon the third quarter of 1935. available for wages but between 1931 and 1933 the cost of living fell by about 20 percen. while the wage redctions were reported to ha.e fluctuated between 7 sn 17 percentQ It appears, therefore, from these part of the 1930's there was some increase figures that in the first

Indo-Chn

in

real ages~

However, in the first

wre
dsmsssed

part

of the depression

a fairly

large numben

of workers

were the first to go. workers had the result

and te y oung and inex-periexced The di, se of the lower paid categories of of wages. of mintaining the average level

I/

Year

Labor
up to

1942. publish d by the International. k f L ,bor Statistics for Office contains cost-of-living indexes for a series of-years

19

for Saigon.

73

rs

r'

'.

The operation of co so ares was reguted the dece e of December 1936 ich provided that these stores might oprated under thei condition that employees are not compelled to bu-at, the company store, the employer or his agent deies nprofit fro sale of the goo s, and the accounts of each ompa store are kept store erntirely sep ate. A subcontractor may not carry on a c either directly or indirectly.

the

store mst be inspectors such stores and tions are not observed, may order the closing of a store if the e de to the p.nincpa appeal against their dee-ision may be whose decision is final administrative officer of the state,

The price of goods offered for sale in a comp posted conspicuously in French and the vernacular. and supervisors are entitled to make inspections of

Labor

1.Vacations with

Annual leave with pay after one year' s employment in an establishment was provided for wage-earning or salaried employees or apprentices in, industrialmining, and commercial occupations
and in

regulat

the liberal professions by -the Fenc decree of December 1936 conditions of emploment of natives The vacation was

fixed at at least 5 days on and after January 1, 1937, and 10 days lice on and after January 1, 1938. These provisions were not to pe

local custom or

ayprovision

of general

empli

ent reguations

which

1nnual with pay. The vacation pay,, calculated leave guaranteed longer on. the basis of the worker as daily remnerat$ion, is payable prior to An agreement providing for the rennciation of the the vacation,. vacation by an employee covered by the law, even in return for

pecuniary compensation, is not valid0

The decree, provided that an erder should be issued by the Governor-General after -consultation with the oh bers of agriculture, specifying the conditions for its application to wage-earning and ndertakings to which it salaried employees in the agricultural
might be considered necessary to extend

tho

said provisions.

In 1937 it was reported that about 22,500 mine workers had

benefited by vacations but there is no information regarding the extent to which vacations had been granted in other industries

Fir"

S '1

Y1

7"'

7-

1M

q--ft

UIC1ASSFEI
ans

2.

Dismissal

For

ro

a .e was established in Indo-OhnB labor issued d6cree of February l937 provided for the grant of a wage bonus of 100 piasters a year to manual workers or salaried employees of french nationality who are subject to the risk of unemployment so far from their homes; the bonus No system of unemployment ins
code governing Erean

but the

was payable when the employee left

the undertaking,

This provision

led to the extension, or in some cases to the establishment, in the colony of numerous welfare or superannnation funds for these persons.

B.

WAC AND

HOUR

REGULATIONS

no wage legislation in Indo-C'hina, except for contract prior to December 1936 when a French decree provided that compulsory minimu wages should be fixed in all industrial and commercial 'occupations, The minimum wages were to be established without distinction of occupation or employment for each class of persons (men, women, or children) in each district, taking, into account the necessities of life, provided that this did not prejudice the general employment regulations drawn up after agreement between the employers and the labor inspectorate representing the workers, The law provided that committees should be set up by the principal administrative officers of the State, including representatives of commercial, industrial, and minng undertakings. selected from a list adopted by the meetings of chambers of commerce (assemblees consulaires), native members of the elected assemblies, and the labor inspector of the State, The recommendations of the committees were to be ratified by orders issued by the principal administrative officers of the States, workers,

There was

is

The prices for making up goods at-piece ratea whether the work performed in a workshop or at home is required to be such as to allow

a wker of average skill to earn in the statutory working day a wage at least equal to the established minimum rates. It is required that the minimum wage rates shall be posted permanently in French and in the vernacular in workplaces, pay offices, and offices where workers are engaged, The decree also provided that the remuneration of wage earning and salaried employees must be paid in legal currency and must be paid inconformity with local custom and at least once a nth, but may not be paid on a day when the worker is entitled to a day of rest.

t t

t r

No deductions from wages may be made legally by the employer except for tools and instruments necessary for the work and not restored when the employee leaves and materials of which the employee has the care and use, or sums advanced for the purchas'e of such articles. An employer who has made any other advances to workers may not deduct more
than 10 percent of such advances at any one time.

The earliest legislation on hours of work was the order of October 1927 on contract labor which provided that hours of work in agricultural enterprises might not exceed 10 per day, including travel time, with a 2 -hour rest period in the middle of, the day. A French decree of January 1933, limited the hours of work of boys under 15 years of age and girls under 18 to 10 per day and one of October 1936 limited hours of wage earning and salaried employees of both sexes, with certain exceptions to 10 per day, to 9 per day, as from January 1, 1937, and to 8 per day as of January 1, 1938. An amendment passed the same month provided that boys under 15 years of age and girls under 18 years should have one or more rest periods aggregati-at least one hour.

Special measures for the protection of women and young persons

were provided for in the order of October 1927 reguating the employment of contract labor, It was provided that they might not , and that women were entitled be employed on work beyond their stren to one mouth's rest with pay after confinement.

The employment of children under the age of 32 years in all establishments except family workshops and native handicraft workshops where not more than 10 workers and apprentices are employed was prohibited 1933. The law provided that, boys under by a French decree of the age of 15 years and girls or women under the age of 18 might not be employed for more than 10 hours a day, the working hours to be interrupted,by fone or more rest periods which should total at least one hour. Young persons of these ages might not be employed in night work between the hours of 11 p.m. and 5 a.m. except in cases of Women were granted eight onsecutive weeks, before and urgent work. after confinement and were allowed two rest periods of 20 minutes each to nurse their children for a period of one year.

;anuary

The employment of girls and women in underground work in mines and quarries: was prohibited and such work was forbidden for boys under the age of.15 years by a decree of December 1936. Children wider the age of 12 years could not be employed in theaters and itinerant occupations.

;d~bs1m

& ff r- i CLA SS I yD ^m
- 37 Orders were to be issued by the Governor-General specifying the various kinds of work which give rise to danger or are excessively heavy or imperil morality which are prohibited for children and for women and likewise the special conditions under which these classes of workers may be employed in unhealthy or dangerous undertakings. It was also provided that seats must be furnished for women in stores and shops.
0

The October 1936 decree on hours of work renewed the prohibition against night work by girls and women and defined night work as all work performed between the hours of 10 p.m. and 5 a.m., while the December 1936 decree on conditions of employment provided that boys under the age of 18 years and women, irrespective of age, might not be employed in any night work, except in certain cases authorized by an order of the Governor-General.

lliwibin^^m ^ti.

A! ION

3AI\I

POLICIES

Under the ,admiistrative organization of Indo-China the french Minister of Colonies had general supervision of matters relating to labor and issued various decrees which were applied by orders issued
by the Governor-General of the Colony. The Secretary-General of the

General Government of Indo-China, the Governor of Cochin-China, and the Residents-General of Tonking, Annam, Cambodia, and Laos, the head of the Judicial Department, the Inspector of Public Health and Medical Services, and the Inspector-General of Labor were responsible for the administration of measures-for the protection of contract workers.
Labor controllers were appointed by the heads of the different States from among local public officials or civil or military agents. These controllers had general supervision of the conditions of employment of contract workers and were invested with simple police powers to judge infractions of agreements by the workers.

tor

General supervision of. labor was placed under a General Inspecof Labor by en order of the Governor-General in 1927 which created

a general labor inspection service. The duties of the General Labor Inspector included coordination of the measures for the regulation of

labor, conditions of employment, and of savings and social welfare;

control of the movement of labor end operations concerned therewith; inspection of the different services and agricultural undertakirngs

in which labor is employed; and the carrying out of necessary inquirThe labor inspectors of the different countries of the Union ies.
remained under the direction of the local administrative heads, sub-

ject to the general

supervision of the Labor Inspectorate.

In 1932 the General Labor Inspectorate became the First Bureau

of the Department of Economic and Administrative Affairs although the

The Inspectorate, reorganization was not completed until June 1935. therefore, ceased to be an independent, organization.

9--~pa

:-::

BSI MCA

II3

'f

te report.

The principal law

etaec

This section gieth isions of the sic: Frech laws

labor

date of enc

Geormenera -and he

e~ads of th. local4 governments.

discsseed i other sectio principa nt of the orders issed b thets

Front Gm the Pop f Throughout 1937 ider instriicti ment in France the administrations of the different countries in the Indo-Chinese Union were active in giving the Colony legislation drawn up along the lines of the social l

in Frne e,

Immediate1y up
it

assumn offie~the French admnstration anuce

intention t

ce, as wl the adatages gated to workerso the sam class in d tobring native workers desi as to big abot reforms, for

abott

improveentof working condtions

swateps
en to give the

te,

residents of French Indo-Chi

The promulgation in August 1936 of the J ,natives and the employ regating the free employent of,
code wee

cing. hos and children; the decree of October 1936 hibiting night work for woven and children and ;proiding forac"Vatinsi ~andwith pay; the decree of Dee br 1936 establishing a tru labor code of labor code for natives, and one of FebruaT 1.937 giving in harm ony

r a a 1933 decree we n nt of work and pro-

w ith labor legislation in Fram , ya e

urench decree of December 30, 1936, provides for employment of p etcese between the ages of 12 i gfhe 20 i years in indust mao'nd t y

apa'

b,
French decree of December 30, 1936, r. ulates opeation of coM

stores,

tt the corn of August 21, 1930, provides sory sea to co could have recourse for public there uas not a sufficient. supply of fre labor; ended Feb 6, 1932,

French decree

ities

tent authorbor if y5

French decree of Deceer .30, 1936,.effective labor. prohibits co i1sr

19J7 1ay 27, 937 ,

~itIE rrZ Li

2.

mW40 d,

CS

Conciliation and Arbitration

French decree of April 29, 1930, institutes conciliation boards for the settlement of individual disputes between employers and employees arising out of the contract of employment; amended April 18, 1931, and April 2, and December 19, 1932; December 23, 1933; and April 19, 1934.

French decree of October 11, 1937, reorganizes the procedure for conciliation and the settlement of individual labor disputes between employers and wage earning or salaried employees.

d,

Contract Labor

Order of August 26, 1899, establishes conditions of labor contracts

in Tonking; ,applied to Annam, Cochin-China, and Cambodia by order of

February 5, 1902 (servants and Asiatics June 30, 1903); and to Laos by order of December 31, 1911.
Order of October 25, 1927, as amended December 6, 1927, and March 29, 1929, fixes regulations for the protection of contract labor in 'mndcs.China and in other countries and foreign, labor employed within the coun-and establishes labor controllers as supervising officers.

'try,

Order of October 25, 1927, sets up Tonking labor emigration division in Haiphong to supervise transportation, health, and' other conditions of employment of Tonkingese labor recruited for. work in the Union or outside the country.
Order of December 19, 1927, applies provisionally the order of October 25, 1927, on protection of labor to Kwangchowan.

Order of June 26, 1928, applies the order of October 25, 1927, o'
the protection of labor to Cochin-China. Order of July 10, 1928, provides that contract workers and their families leaving in convoys are Snot required to have identification cards but shall be furnished a special contract card. French decree of January 29, promulgated in Indo-China by order of

March 29,. 1929, gives labor controllers police power over infractions
of the labor contract, sentences of imprisonment being subject to review

by the administrative authorities. French decree, of May 1,

of June 25, 1929,

1929,

promulgated in

Indo-China by order
contract la-

sets up an autonomous savings fund for

borers administered by the Director of Posts, Telegraph

and Telephones.

French decree of June 29.,>1930, amending Civil Code for French Indo-China provides that contracts must specify periods. of service.

IINCLASSIIEO

workr ad

mnt adto repatriation to' the place of, recruiting.

Order of September 21, 1935, establishes right of the contract his 'aily to free transportation to the place of emplo -

French decree of, Dcember 30, 1936, effective anuary 7, tablishes general rules governing employnt contracts, French decree of
contracts

1977, es,,' of their

April 21., .1939, guarantees the to men called to the colors.

f,

revi

awnt

.&gencies

French decree of December 30, 1936, effective January 27, 1937, provides that free employment exchanges shall be setu aupd organised by orders issued by the principal administrative officers of the States in centers where the need for them is felt.

Order of October 25, 1927, establishes special measures of protection for womeand young persons hired wider a labor contract, French decree of January 19, 1933, promulgated in Indo-China August 15, 1936, provides that women may cease work for 8 consecutive weeks during the period preceding and following confinement,. and shall b allowed 2 rest periods of 20 minutes each to nurse their childrem for 1 year; prohibited underground work of girls and women in mines and quarries; and provides for labor inspection in factories and work-

shops employing women adyoung persona.

in

Order of October 11, 1936, prohibits employment of women and girls any night work in wots, factories, ,mines, open workings nd quarries, yards,, workshops and dependencis thereof in public or private establishments.
French decree of December 30, 1936, effectiveJ nuar 27, 1937, hibits the employment of girls and women in underground work,

pro-

h,

m lo_ et

of1u

es

French decree of January 19, 1933, prohibits employment of children under the age of 12 years in industrial and commercial enterprises, theaters, cafes, etc. French decree of

October 13, 1936, provides for one

at least 1 hour,
December 30,

or more rst

periods which shall total French decree

of

1936, effective January 27,

1937,

provides that children under the age of 12 years may not be employed s in industrial, mining, and commercial undertakings, nor under the age
of 15 years in underground work (See section on Hours of Work.)

. .sae.-_

French decree of August 21, .1930, applied in Indo-China byorder 1932, provides that with the . exception of comn sory 1 'services relabor needed in cases of force majeure and for co eurpes course may not be had t o compulsory labor except for public. of

February 5,

and

by way of

exception,

Order of February 6, 1932,

reltes conditions local

of

compulsory general
pro-

porterage.
Order of 'hy 11, 1933, fixes the hibition of compulsory labor. scope of the

Order of October '11, 1937, applied the French decree of August 12, 1937, announcing the adoption of the International labor Organization-i Convention on forced labor, to Indo-China, with certain reservations,

~j. Frei

orkers
engagement of workerse

Order of October 25, 1927, reglates cniited outside of Indo-China,

French decree of June 15, 1933, promulgated April 30, 1934, limits nemployment of foreigners in Indo-China (for protection of Fnch tionals) in,.all. public and private underakings.

k,

Hours, of Work

of work in agricultural enterprises may not exceed ,ing travel time, with a 2-hour rest period,

Orer oaf Ocber

co 25, 1927, on ePs at

lgaoproidea

Btht ho
includ-s

10 per day,

sunder 15 years

French decree of January 19, 1933, limits hours of work of of age and girls under 18 to 10 per day.

boys

French decree of October 11, 1936, applied October 17, 1936, limits of wage arningand sdanried employses of 'boh sexes, with certain exceptions,, to 10 per day, to '9 per day as from January 1, 1937, and to 8 per day as from January 1, 1938; amended October 13, 1936, to provide that boys under 15 .years of age and girls under 18 years shall have 1 or more rest periods, aggregating at least 1 hour,

hqurs

French decree of January 26, 1912, promulgated April 12, 1912, provides for reporting of mining accidents and the provision of first aid

facilities,
French circular of July 22, 1924, provides for physical examination of workers before being sent- to labor camps and upon arrival, and for proper sanitar facilities, food medicja.sr,.4Vices, etc. in camswit

thecountry,
A -~j

iCLAss
-

HE

43

French circular of October-4, 1924, fixes health regulations for workers leaving the country and after their repatriation-applied by
order of September 17, 1925. Order of March 18, 1925, institutes a permanent commission at Haiphong to enforce sanitary regulations on boats carrying workers outside the country. Order of May 21, 1926, provides that native employees of the Medical Board may be assigned to private enterprises to assure the medical

service set up by the order of November 17,

1925 (Tonking).

Order of' October 25, 1927, places protection of the health of the

workers under the local health director in each country of the

Union.

Order of August 28, 1928, establishes hygienic measures for public works employing more than 50 coolies in Cochin-China.

French decree of January 19, 1933, establishes health and safety regulations in industrial and other establishments, mines, and agricultural undertakings, and prohibits use of lead and lead compounds
in painting. French decree of May 15, 1934, provides that hygiene and sanitation measures must be enforced in factories, workshops, warehouses, shops and offices.

French decree of December 30, 1936, effective January 27, 1937,

provides that all industrial, commercial, or agricultural undertakings shall satisfy conditions necessary to the health and safety of employees, including proper guards on machinery.

m.

br Cede~

French decree of December 30, 1936, supplemented by 40 general orders establishes a code for native labor covering apprenticeship, general

regulation of labor, minimum wage, hours of work, vacations with pay, night work, weekly rest, and workers' health and safety.
French decree of February 24, 1937, adapts French Labor Code to European workers in Indo-China.

n.

_Laor 'Insectio

Decree of January 1, 1918, creates a general labor control and colonization service under the Governor General. Order of November 18, 1918, regulating conditions of agricultural labor in Cochin-China creates a labor inspection service for the colony.

~pg~q~

224

s 44. s Order of April 30, 1926, establishes a labor inspectorate in Tonkgig; order of October 19, 1927, establishes an inspectorate in Cambodia; order of June 10, 1927, establishes an inspectorate in Anam, Order of July 19,.1927, creates a General Labor Inspection Service for the country; amended January 16 and April 29, 1932. Order of October 25, 1927, establishes a corps of labor controllers for the protection of indigenous contract laborers in agricultural, industrial, mining, or commercial establishments; amended August 1, 1928. Order of January 5, 1928, organizes a corps of labor controllers in Cochin-China under the labor inspection service; amended February 6, 1928. Order of July 12, 1928, sets up a special system of labor super-

visors to deal with infringements of labor 'contracts.

Order of August 4, 1932, places General Labor Inspectorate under the Department of Economic and Administrative Affairs.

French decree of January 19, and August 16, 1933, provides that the labor inspection service shall be responsible for supervising administration of all decrees relating to working conditions; amended December

30, 1936.
Order of July 30, 1937, reorganizes the Inspectorate and changes
name to Inspection General of Labor and Social Welfare and gives it charge of the new-social legislation.

the formation of indigenous Order of November 8, 1912, provides for agricultural syndicates (Cochin-China); regulations laid down in order

of January 28, 1928. Order of September 4, 1926, opened a special account with Bank of Indo-China for funds of the people's agricultural credit scheme; amended July 21, December 10 and 19, 1927.
Decree of May 20, a Mutual Agricultural Credit 1933, establishes amended August 30, 1934D

Office for Indo-China;

French decree of January 19, 1933, prohibits night work (between the hours of 11 p.m. and 5 a.m.)-of boys under 15 and girls under 18 years of age, with exceptions; amended October 11 and 13, 1936. French decree of December 30, 1936, effective January 27, 1937, pro-

hibits

employment of boys under the age of 18 and girls and women in any
of Women and Young Persons.)

work (exclusive of agriculture) between the hours of 10 p.m. and 5 a.m. (See section onE..ployment

45~ q.. Noncontract

I CLASSIFIE

Labor

French decree of June 19, 1933, promulgated August 15, 1936, regulates conditions of employment of children, young persons, and women, and the health and safety of workers in commerce and industry. French decree of December 30, 1936, effective January 27, 1937, contains regulations governing conditions of employment of natives of French

Indo-China and persons placed on the sane footing (agriculture excluded).

(See section on Employment of Women and Young Persons;)

r. Overtime
.Order of October 25, 1927, provides that the rate for hours in excess of 10 per day for contract laborers in agricultural undertakings shall be li times the normal rate.

s.

Penal Sanl tons

Order of January 20, 1910, applied article 408 of French Penal Code for infractions of the labor contract by natives or assimilated persons. Order of December 31, 1912, provides for application of provisions of French Penal Code to natives and assimilated Asiatics for falsifying work books. French decree of January 30, 1929, applied March 29, 1929, provides penalties for infractions of the labor contract by natives or Asiatics. Order of June 2, 1932, amended January 28, 1933, provides penalties for fraudulently retaining advances of wages, or any type of engagement -bonus, or for not carrying out the terms of the contract.

t.

Recruitment

of Labor

Order of April 22, 1904, provides that restrictions on foreign Asiatics in Cochin-China should cease and they should receive work books. Order of April 13, 1909, provides that native labor employed on agricultural undertakings in Cochin-China may be organifed in villages. Order of July 8, 1927, establishes a recruitment-and emigration office in Haiphong. Order of October 25, 1927, establishes an emigration bureau in Tonking; amended August 29 and 30, 1928.

tryi

Ji pfd

C 1J

LL

L_.

~48
Order of March 31,
in Annam

1928, establishes regulations for application

1927, upon protection of labor.

of the order of October 25,,

for

Order of August 29, 1928, establishes a general Supervisory Office .. Workers' Jigration in Hi'phong attached to the labor inspectorate.-

Order of'July 16, 1930, establishes regulations for private emigration agencies in hiring workers; made effective December 19, 1934 (Tonking).

u.

Re

ti

of

lo

unt

Order, of March 8, 1910, combined with order of May 20, 1913, regulates employment of foreign labor in agricultural and mining undertakings. Order of November 11, 1918, establishes regulations for the proof- agricultural labor in Cochin-China. on the

tection

Order of November 8, 1928, applies order of October 25, 1927, protection of labor to Cambodia. Order of January 19, 1933, r'egulates

factories,. warehouses,

conditions of employment in shops, and offices; amended May 15, 1934 and Oct

ober 13, 1936.

French decree of February 24,;1937, promulgated April 9,1937, gives i'uropean workers benefit of the provisions of the French Labor Code adapted to local conditions.

v,

Strikes

Order of. November U11, 1918, provides penalties for contract workers . in' agricultural undertakings who leave work without justification, either plan. individually or as a result of a collective
French decree of April 2, 1932, provides punishment by fine or imprisonment or both for collective stoppage of work (noncontract workers)

which

does

not tend to settle a dispute.

* Tw V

tinsj.r

Order of October 11, 1936, . provides for annual holidays with pay for workers and salaried employees or apprentices. in industry. and commerce or the liberal professions -minimum 5 days from January 1, 1937, and 10
days from January 1, 1938, after 1 year's service.

'"

'

~(~

Order of October 25, 1927, provides that contract laborers shall be paid monthly in cash and within 10 days from the date wages are due. Order of October 25, 1927, establishes a compulsory savings fund (deferred pay) for individual contract laborers to which employers are also required to contribute an equal amount (5 percent of wages); amended

December 29, 1927, and August 1, 1928.

Order of May 19 1929, institutes an autonomous fund for the savings of indigenous contract workers managed-by the Director of Posts, Telegraph and Telephones. Order of January 24, 1933, provides that wages of contract laborers

must be paid within a specified period but not to exceed 1 month.,

Trench decree of December 30, 1936, effective January 27, 1937, provides that compulsory minimum wages shall be fixed in all industrial or commercial occupations and wages must be paid in coins or notes which are legal tender

y.

fee~

Rest

Order of October 25, 1927, provides that contract laborers shall have 1 day of rest a week. Order of October 11, 1936, provides weekly rest of not less than 24

hours is compulsory in all industrial and commercial establishments (effective December 1, 1936). French decree of December 30, 1936, effective January 27, 1937, provides that wage earners and salaried employees and apprentices shall not work more than 6 consecutive days.

s,

Work

oos

nd Identifiation

Crs

Order of August 26, 1899, (Tonking) provides that work books should be issued to all indigenous persons employed by a European or assimilated

person--extended to Annam, Cochin-China,

and Cambodia in 1902,

and Laos

in 1911; extended to all indigenous or assimilated Asiatic employers and workers; (except domestic servants and indoor staff) in Tonking by order Ind-Ochina by order of February 10, 1936. of January 25, 1930, and to all male natives, subjects., Order of November 9, 1918, provides that and French proteges over 18 years of age should have an identification

card with photograph or fingerprints or similar identification for travel within the country; amendment of September 16, 1920, provides Europeans' and Asiatic foreigners may not leave the country unless they have such a card or an administrative or diplomatic permit, and natives may not leave unless they possess a card or a visa given by the administrative authority within a period of 2 months. , ,
pJ t! Tf ft Z t u a

Cochin-COhina
for the

Order of March 6, 1924, provides that

who are 18 years of age must Order of July 10, 1928 substituted a'

procure

servats adAsiatics
a work

book's

in

vial contract

worke's cr

reglar identification card.

Order of February 10, 1936, recasts order concerig. to cover all servants or workers in a town or in the country t Indo-China.

Order-of September 9, 1934, effective .January 1, 1.937, establishes workmen's compensation for French citizens and assimilated persons in industrial, commercial, agricultural or forestry occupations (Indo-Chinese and assimilated Asiatics excluded).
French ministerial decree of December 30, 1936, provides that the employer is liable for compensation for accidents occurring to natives in industry, commerce, and agricultural undertaigs in the course of or arising out of employment. -

law,

J,

V.. LABO ORGANIZAT

Y.

LABa~R ORGA~IZATIONS

For various reasons there had been no opportunity for a tradeEirst,the formation of union movement to develop in Indo-China, a wage-earning class is very recent and includes only a very small part of the population; and second, such permanent organizations as trade-unions are not recognized by law. . The French Trade-Union Act of 1884 and the Trade Associations Act of 1901 had never been Moreover, the right to strike is closely extended to the Colony.

limited by the system of penal sanctions.

In Indo-China the ques-

tion of trade-union organization is complicated by the existence, side by side with the permanent workers, of a floating body of labor which accepts employment in various undertakings only during the floating body of slack season. To incorporate this agricultural workers in the trade-union movement would be extremely difficult.

Moreover, trade-unions must be kept alive by contributions from their members and it is doubtful whether the extremely low wages
paid to the workers would enable the unions to cient reserves to defend the interests of their accumulate members. suffi-

~~ee

i,

00~

1918 introducing regulations for agricultural workers in Cochin-China provided that any indigenous or Asiatic worker who, after signing a contract of employment with an agricultural undertaking,left the undertaking without justification and for reasons not specified in the regulations, either individually or as a result of a plan arranged with other persons, was liable to the penalties laid down in the French Penal Code. This section of the Code was cancelled in France in 1884 but was still in force in Indo-China. The rench decree of April 1932 on conciliation and arbitration provided penalties of fines or imprisonment, or both, in addition to penalties which might be imposed under the Penal Code, for any person who takes part or incites others to take part in an unlawful collective cessation of work which in private public utility services would cause prolonged inconvenience to the publie and consequently would compel the Government to adopt or refrain from adopting a given line of conduct. However, in spite of these restrictions on strike activity a movement of solidarity among the workers was expressed by collective stoppages of work which in some cases assumed fairly large proportions. Between 1922 and February 1934, about 100 strikes occurred, most of which were due either to a reduction in wages, a refusal to increase wages, or the severity of the cas and employers. 'There was a decided increase in the eee latter part of 1936. During November 1936 the workers demands for the application of the new social legislation resulted in strikes breaking out in Tonking and Cochin-China. In the latter part of the month it was reported there were 1,700 persons on strike, a number which had never previously reported in the country, and in December the number was reported to have risen to 50,000. The most important of the strikes was at the Campha-Mine (Coal-fields Company of Tonking) which alone affected 6,000 workers, and lasted 6 days. Wage increases and certain other concessions were granted these workers. A decree of October 1937 provided for a more rapid settlement of individual labor disputes. As many as 152 collective disputes The most serious strike during were arbitrated during the year. the year,was that of the railway employees which tied up practically all railway traffic on the state railways of central and south IndoAbout 800 participated in the strike at Saigon. At the China.
i: ::

UNCLASSIFIED

end

Wage increases of 5 to 10 percent were given the for either side, employees but some. of the strikers lost their jobs. Other serious strikes were the strike of longshoremen employed in discharging the subsidized mail steamers, and a strike of about 300 tailors in the midst of the seasonal activiig before the Annamite New Year. May of the labor disputes were Iawwi table as a result of the inWith or without strikes the workcrease in the coat of living. ing classes obtained wage increases varying, from 5 to 22 percent.

of ,a month

the strike was called off with no definite victory

B,

CONCILIATIN AN) ARBI fl ON

A french decree of April 1930 established conciliation boards in french Indo-China for the settlement of individual disputes between employers and employees arising out of the contract of employThe decree provided ment in commerce, industry, or agriculture. that such cases might not be referred to any court until the defendEach year the ant had been summoned before a conciliation board. head of the Government in each State was required to submit a list of 25 names for each of the following classes: French employers, native employers, French wage-earning or salaried employees, and native wage-earning or salaried employees all of whom mut be at least 25 years of age an& in enjoyment of their civil and political rights.. From these lists a special committee, was to select a board consisting of one representative each of French and native employers and salaried employees and workers, together Aith for The board was divided into two sections to deal with alternates. disputes involving European employers and workers and those between native employers and workers. A mixed board handled disputes involving Europeans and natives. There was no appeal against the findings of th- board. Conciliation board ; were appointed in Toking,. Cochin-China, dia and began to function early in 1931 but did not meet end with much success in settling the disputes. brought before them. Accordingly, a decree of -April 1932,.promulgated in Indo-China in June, established the principle of compulsory conciliation of collective labor disputes and introduced optional arbitration. Under this order conciliation proceedings were to be started as soon as a dispute covered at least one-fourth of the workers, or not less This decree was suping or salaried employees. than 10 wg. plemented byeveral mnd -Maese orders but this legislation was likewise ineffective.
In October 1937, a French decree reorganising and strengthening

the procedure for conciliation and the settlement of individual labor disputes between employers and wage-earning or salaried employees was issued,

C.
In coutries like Indo-China, where the workers are not organized and are therefore uable to take any adequate measures to protect their interests, the part played by the labor inspectorate is
of essential importance. The first labor inspectorate was set up in Cochin-China in 1918 by the Governor-General. This was followed

by local inspectorates established in Tonking in 1926 and in Annam

and Cambodia in 1927. The General Labor Inspectorate with jueisdiction over all Indo-Chinese territory was established by an order of July 1927, The duties of the Inspectorate include coordination of the measures for the regulation of labor, savings institutions

and social welfare; supervision of the movement of labor and oper&tions connected therewith; inspection of the various services dealing with labor and undertkings of all kinds in which labor is employed. Insurance companies, the Deferred Pay Office, and all savings institutions were placed under the supervision of the General Inspectorate (Orders of July 1927 and August 1933). The General Labor Inspectorate may make necessary local inquiries as to social and labor policy but in practise this is usually left to the local inspectorates. The local inspectorates are required to investigate conditions

and regulation of

employment of indigenous and alien labor in com-

mercial, industrial, and agricultural undertakings in theirrespective areas. They have general supervision of the observance of labor regulations and carry out any inquiries ordered by the chief officer of the local administration. It is expressly specified that the labor inspectors in the various countries of the Union, are not to act under the authority and responsibility of the General

Labor Inspectorate but under that.of the heads of the Yocal Governments, The reason for this provision is that whiL it is possible to draw up general regulations for the whole country, the methods

.of application

have to

be varied to meet the requirements of the

different races and the customs of their populations.

In Cochin-China and Cambodia, where there were many contract workers, the labor inspectors were assisted by labor supervisors who superintended the carrying out of the mutual obligation of employers and workers, explained their rights and obligations to the workers, investigated complaints, end audited all books and registers concerning the workers,. including the deferred pay accounts. They were

empowered to make inspections at any time, subject to previous notification of the employer, and had the right of entry to all. workplaces.
The inspectors were invested with simple police powers to deal with such questions as unjustified refusal to obey the employer, to carry out work, refusal or failure to go to the infirmary, and unjustified First offenders were subject to a small absence of over 24 hours, fine or 1 to 5 days' imprisonment, while imprisonment was compulsory for a repeated offense9

mm l5~

in the est tee for the labor inspection iced by an order issued in August and the General Labor Inspectorate became the First Bureau of the Department of Economic and Administrative Affairs and thereby ceased a

As a result of

services in 1932 they were reor

to be

an independent institution,

reduction in the staffs as

a
decline in

a result of this reorganisation was followed by activity of these se Ice8.

the

By a decree of December 1936 the Inspector-General of Labor, the labor inspectors, and their assistants were made responsible for supervising the admnistration of all decrees and regulations issued by the Governor-General and the principa ad strative officers of the States which relate to emplym ent, labor, and social welfare. With respect to the operation of mines and qu aries supervision, as a rule, was placed under the mines? Inspectors but the regular labor inspectors could exercise supervision whenever the

Governor-Geeral osidered it necessar.

Supervision with respect

to ailay anmayundertakings nd
collaboration with
the

is under the labor inspectors

officers

in-

supervising

of the railways.

The labor inspectorate has power to represent wage-earig acrd salaried employees in all actions which may be brought by them
against' their health

employers.

Heads of establishments covered by the regulations regarding the

safety of workers are required to keep a register of orders their compliance and also a list of their workplaces which shall always be open to the inspectors. The ordinax police-court powers conferred on labor supervisors for the pupse of dealing with breaches of empl ant contracts were maintained.

and

requiring

The staff of the labor inspectorate was increased by an order of June 1937 and the autority of the inspectors strengthened.' The
service also received the additional duty of coordinating the work of public services and private itiative in social welfare The general mines inspectorate was reorganized by an order of August 1939.

in", El 1ti49"a ""a

'

'F a

vIx,
There was no general
China.

organized

cooperative

movement

irk Indo-

The I. L. 0. Yearbook for 1938-39 reported that agicultural credit, which was at first almost exclusively a State instituinfluence of the administration, becoming more tion, was, under the and more cooperative; measures were being taken through the cooperative producing societies to improve agricultural produce and a propa-

ganda

section had

been

set up

by the cooperative agricultural credit

office to promote cooperation

among the/peasanto

Bureau

sstem of social insurance in, Indo-China of whch the s of Labor Statistics has bIowledge is the wor en a compensation system introduced in 1934 for Europeans and in 1936 for natives.

The only

A decree of September 9, 1934, applying to Europeans (french a others on the same footing) provided for compensation in case of accident to workers employed in industrial, commercial,, and a icuall and forestry undertakings, whether public or private. The- law provided for daily compensation and the cost of medical attendance, mices., annt incaend funeral expenses, as well as pensions in case of pe able if the iBenefits were rivors pensions. acity and

~rpersons

were

The

law

ws mae

effective

incapacitate for work for more tha four dys. January 1, 1937.
noation ws a'u rac

Wor
onthe

en's cor

extnded

decree provided t .at the methods of application should be established, byanorder of the Governor-Gnral, after consultation with thec benof comerce n the duly constituted industrial orizations,

footigb

to natives ad persons place Te ecree of Decee r30, 1936,

within thee onths

g~s~s~ '1~~~~~~B~~~ fJ~
t~1

of its pr

omlg tion.

~g~~~g~~~~gf ra~a ~8~~~~~8~~~~~ The law covered wge-earing and salaried employees in L g~~f ~~~2I any agricultural undertaking, 8 3~ roe or in ofinustry or c

an branch

tl

n provided for compensation, pyble bythe eployer, for 'any accidnt, whether the injured person was in ayway in fault or not, unless the accident was caused wi)4ully bythe injured ersoms

UNTLASSIFIED,

IL:

SU

g5

T3

A,

LABOR AND INDUSTRY,

There is little

UDER,

JAPANESE CON

Lo

specific information as to what has happened

to the masses of the workers in Indo-China since the Japanese secred control over the resources of that country. It is probable that there has been little change in the laws and regulations af-

fecting the workers since the Vichy Government in France retained

,although nomijinal control the puppet government under Vice-Admiral needed.

Jean Decoux has collaborated with Japan in.the measures taken to

secure the materials and labor it

Since 1941, the Annamites, who form about 80 percent of the population and whom the Japanese have always regarded as inferiors,

have been reduced almost to the position of slaves who must work
for the e'stablishment of Japanese control over the whole of Asia.

Compulsory labor for Annamites between the ages of 16 and 40 years was put in effect at the beginning of 194+3 according to a radio report, which stated that all workers within these age limits must ,undertake any work considered necessary by the Government in agriculture, industry, offices, and the Army.
It was also decreed that persons inciting others to boycotts.

or strikes are liable to five years' imprisonment and a fine of' The imposition of such a severe penalty would 1,000 piasters. A pro seem to indicate considerable unrest among the workers. Allied underground movement is reported. to have been set up Ia

December

1942.
Indo-China lost her

With the collapse of France in June 1940,

only protected market as well as the only source of capital for her July 1940, Japan had. replaced France as the infant industries. er of the country' s coal, iron, salt, rubber, phosprincipal
phates and rice, while Indoo-hina cut off from Europe hy the cessation of French shipping services was forced to turn to Japa for her supplies of manufactured goods, raw silk, and chemicals.

Early i1939, the French Government had formaly prohibited itions into lunnan Province (China) on the shipment of finished a railway although when the French collapse in Europe . Indo-C occurred the railway was still carrying the major part of C0 na's ageement between france and Japan on June 20, e.A foreign tr prohibited further shipment of supplies to China over the 190, Although this was the annoumced puring Railway. Haiphong-u pose of the agreement it was' evident that Japan hoped to seise the * '

_gr

58

-i

opportunity created by France s we aness to establish domination of the Indo-Chinese peninsula, Following this agreement an unusually large number of Japanese agents were sent to Indo-China and by July 4, Japanese officers had established control stations at five key
points on the highways and railways' leaig into China, and scores

of Japanese inspectors, including both military and diplomatic officials, had entered Indo-Chi na, In addition to their normal function
of supervising traffic with China, the inspectors engaged in economic and geographic .surveys. and undertook the mapping of strategic com-

munication routes.
In August 1940, France granted Indo-China complete tariff autonomy, but the Japanese invasion of Tonking in September removed n
possibility of Indo-China adopting an independent policy. A ter-

ritorial

dispute with Thail andh in the autumn of 1940 still

further

disrupted economic conditions and led to a further tightening of Japan's hold over the colony,, and in 1941, the colony was forced to cede Thailand. a considerable area in Cambodia and Laos.

In May 1941, Indo-China was virtually incorporated into the yen bloc by the signing of the Japan-Indo-China Economic Agreement which provided, among other things, for the development of the country's agricultural, mining, and hydraulic ' enterprises by Japanese capital
and granted free entrance into Indo-China for 40 Japanese commodities

and minimum duties on 400 others, A prior agreement signed in January gave Japan the right to purchase Indo-China's. exportable rice supply on highly favorable terms. In July 1941, the Vichy Covenmeia yielded to Japanese pressure and signed an agreement for -the "joint defense of Indo-ChinuP which opened the way for Japanese military occupation of the southern part of the country and the following month the Japanese press reported that Indo-China' s economy was to be subjected to a "drastic reorganization" covering the following four points: 1.
joint A survey of the development of underground resources by Japanese-Thzench) capital and technical cooperation.

(i. e.

2. The restriction or complete prohibition of the use of "strategic" materials such as iron, manganese,, etc., for nonessential purposes,.

3. Cooperation between the Government and those companies that had previously monopolized the major resources of the country, namely rubber, rice, and coal, through'the imposition of State control over their production, sale and export.
4. The creation of a price-control commission with executive powers, and a permanent economic control board with Japanese representation.

mi

UNCLASSIFIED
57. :

Japan's intention to convert Indo-China into a virtual colony of the Japanese Empire was also evidenced in the appointment of Kenchichi Yoshizawa as Ambassador-at-Large to Indo-China charged with coordinating all Japanese military, economic, political, and cultural activities in the colony. The Ambassador accompanied by a large staff took up his post in November 1941. A Japanese mission charged with the investigation of Indo-China's natural resources'had been dispatched previously and private Japanese interests were reported to be acquiring large tracts of land suitable for the cultivation of rice, rubber, and cotton. Thus, by the end of 1941, Japanese control was being rapidly extended to every phase of economic activity in Indo-China. Rice is easily the most important of Indo-China's products to Japan which needs this crop to feed the people on the Japanese mainland, and a centralized control of all rice transactions has, therefore, been set up. In 1942, the rice exports which amounted to 940,000 tons went entirely to Japan. A radio report by the Japanese Domei Agency in January 1944 stated that a field survey of rice-growing areas showed that the puppet government would have no difficulty in supplying Japan with the quantity of rice set by an agreement concluded the first part of that month, but the amount of which was not reported. The 1944 crop was estimated at3 million tons (unhulled). In January 1944, the Japanese-controlled Saigon radio reported a sharp decline in Indo-China's production and export of rubber and a few days later it was broadcast that complete control over the country's rubber industry had been placed in the hands of a single agency It was rein Governor-General Jean Decoux's puppet government. ported that the new agency would supervise all aspects of production and export of rubber throughout Indo-China. In June it was reported by the Saigon radio that exports of rubber had greatly diminished as a result of difficulties of transportation and attributed'a shortage of automobile tires in the colony to a lack of machinery and materials to produce them. Recent information, obtained principally from radio programs from the Far East seem to indicate that a propaganda battle is being carried on between the Japanese and Admiral Decoux for the support of native, particularly Annamite groups. The French administrative officials have been engaged for some months,and perhaps since the Japanese invasion of Indo-China, in a campaign to preserve the pre-war status of Vichy France as protector of the Federation. Japan may be in a slightly better position since her efforts for the "advancement" of the people are current and active and Decoux is largely limited to trying to keep alive the memory of France's pre-war policies, but he and his subordinates in Vichy-appointed administrative services have frequent

u OMf.f*Es J ^l^--fjI

opportunities to

takwith ntive

.off icis

Uvn in r
86s

ties and not in direct contact

with- Ja

ideological

spection trips by Decoux and his : su'b

nae s offer

almost

ote o warfare.. Inulimited

opportunities to further the campaign b b r d the different races of the debt they owe , France for existing public. works, education , :and health facilities.

In ann apparent effort to frther secure the cooperation of the Annamnites, restrictions on holding important administrative posts by natives have been lifted and an ite has been appointed "Director of the Labor Department" and another "Chief Director of Economic Affairs.", The appointments were reported to have been made, in November 1943 under the terms of .a decree from the Goverment General which authorized appointment of any French or Annamite citizen as chief or director of any government department) provided the individual is sufficiently qualified. Other governmnt,measures designed to' M ent prove conditions of the native groups and thus foster a spirit of cooperation include increased, educational opportunities, improved. housing conditions in the larger oities, and increased and improve4 medical and health failities

WCASSIFIE
-59

SEECTED LIST OF

iENCES

International Labor

Office: Indo-China, Studies and Reports Series

Labor Conditions in
B

(Economic Conditions) No. 26, 1938. I. L. 0. Year-books. Industrial and Labor Information. Legislative Series France. L' Inspection Gnsrale di Travail en Indochine. Reglementation du Travail en Indochine au Julet 1, 1929,

Industrialization of the Western Pacific.

By Kate L. Mitchell.
1942. New York,

New York, Institute of Pacific Re1ations, Industry in Southeast Asia, By Jack Shepherd. Institute of Pacific Relations, 1941. The Annals of the American

Academy of Political and Social Science,

March 1943,

Indo-China:

Eighty years of French rule.

By

Joseph Handler.

Indo-China:
Bisson.

Spearhead of Japan's Southward Drive.

New York, Foreign Policy Reports, By Virginia Thompson.

By Thomas A.
October 1940.

French Indo-China.

London, Geo. Allen

and Unin, Ltd.,

1937,

??

P-'l

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