Labour Disputes and their Resolution in China

The scale, nature and causes of labour disputes in China are identified and discussed in this comprehensive review as well as how they can be managed. The labour disputes resolution mechanisms discussed in this book include, trade union, collective labour contract, tripartite coordination and labour court. This book presents an updated literature review and reports the findings of two empirical projects on this subject. The effectiveness of these mechanisms and the appropriate resolution model for the future are both discussed. Systematic and critical review of the up-to-date literature on labour disputes and their management Empirical findings on labour disputes and the institutional channels available to workers for resolving them Assessment of the effectiveness of the existing mechanisms for dealing with labour disputes

Mediation provides an attractive alternative to resolving disputes through court proceedings. Mediation promises just results in the interest of all parties concerned, a reduction of the court caseload, and cost savings for the parties involved as well as for the treasury. The European Directive on Mediation has given mediation in Europe new momentum by establishing a common framework for cross-border mediation. Beyond Europe, many states have tried in recent years to answer the question whether, and if so, how mediation should be regulated at a national and international level. The aim of this book is to promote the understanding and discussion of regulatory issues by presenting comparative research on mediation. It describes and analyses the law and practice of mediation in twenty-two countries. Europe is represented by chapters on mediation in Austria, Bulgaria, England, France, Germany, Greece, Hungary, Ireland, Italy, the Netherlands, Norway, Poland, Portugal and Spain. The world beyond Europe is analysed in chapters on mediation in Australia, Canada, China, Japan, New Zealand, Russia, Switzerland and the USA. Against this background, further chapters on fundamental issues identify possible regulatory models and discuss central principles of mediation law and practice. In particular, the work considers harmonisation and diversity in the law of mediation as well as the economic and constitutional problems associated with privatising civil justice. To the extent available, empirical research is used as a point of reference in the critical analysis.

This book deals with a number of contentious issues in Chinese management as China emerges as a global economic player, with a greater role in international business during a global economic crisis. This step is in tandem with an economically driven foreign policy. Since the 1980s, Chinese management while still in transition, has benefited from an infusion of capital, technology and managerial expertise through inward direct investment via joint and wholly-owned foreign ventures. As the so-called 'workshop of the world', China and its exports, especially labour-intensive goods, face protectionism in the United States and the European Union. To circumvent these barriers, the Chinese leaders are emphasising domestic consumption, itself dependent on rising personal income levels and an improved national social insurance system, and a move to high-tech products, themselves requiring indigenous innovation. The creation of a knowledge economy, in addition to outward investment in manufacturing, could lead to a distinctive independent style of Chinese management. Simultaneously, China’s participation in intra-regional trade underlines the nation’s role in Asian regional business networks. Such developments in turn present a challenge to Western and global business. This book was published as a special issue of Asia Pacific Business Review.

When a dispute arises between a European or American firm and a Chinese business partner, this source of guidance is exactly what a practitioner needs. Resolving Business Disputes in China provides an understanding of what kinds of disputes are likely to arise, why they arise, and exactly how to proceed with confidence toward a satisfactory resolution in post-WTO China. The book summarizes cases that tend to establish points of law, linking them to corresponding legislation and presenting them according to the matter of the dispute (contractual, intellectual property, technology transfer, employment, and so on). Arbitration fee schedules and a list of arbitrators are also included.

An authoritative and accessible account by insiders of the tumultuous changes in the contemporary labour relations of China.

It’s not easy to find out exactly what you can and can’t do—legally—with the human resources you employ to help run a business in China. That is, unless you have this well informed, insightful, information-packed guide at hand. Although it’s concise and easy to understand, it offers—in clear English-comprehensive, accurate and up-to-date guidance on the best HR practice in China for tackling such crucial (and often tricky) employment issues as: recruitment and induction; the employment contract; benefits, retirement, and tax issues; rules covering expatriate and foreign workers; training and development; industrial relations; dispute resolution; and termination and redundancy. Especially useful in this new edition is its coverage of the recently implemented Labour Contract Law of the PRC, which took effect on 1 January 2008, with its important clarifications in such areas as written contracts and severance pay. Translations of laws, rules, and regulations manifest CCH’s unchallenged standards of accuracy and clarity. Employment Law in China will prove immeasurably valuable to line managers, human resource practitioners, company lawyers and other professionals involved in running day-to-day business operations in China.

Compelled by the extent to which globalization has changed the nature of labor relations, Harry C. Katz, Thomas A. Kochan, and Alexander J. S. Colvin give us the first textbook to focus on the workplace outcomes of the production of goods and services in emerging countries. In Labor Relations in a Globalizing World they draw lessons from the United States and other advanced industrial countries to provide a menu of options for management, labor, and government leaders in emerging countries. They include discussions based in countries such as China, Brazil, India, and South Africa which, given the advanced levels of economic development they have already achieved, are often described as "transitional," because the labor relations practices and procedures used in those countries are still in a state of flux. Katz, Kochan, and Colvin analyze how labor relations functions in emerging countries in a manner that is useful to practitioners, policymakers, and academics. They take account of the fact that labor relations are much more politicized in emerging countries than in advanced industrialized countries. They also address the traditional role played by state-dominated unions in emerging countries and the recent increased importance of independent unions that have emerged as alternatives. These independent unions tend to promote firm- or workplace-level collective bargaining in contrast to the more traditional top-down systems. Katz, Kochan, and Colvin explain how multinational corporations, nongovernmental organizations, and other groups that act across national borders increasingly influence work and employment outcomes.

This book focuses on how the All China Federation of Trade Unions (ACFTU) is reforming under current conditions, and demonstrates that labour unrest is the principal driving force behind trade union reform in China.

Can authoritarian regimes use democratic institutions to strengthen and solidify their rule? The Chinese government has legislated some of the most protective workplace laws in the world and opened up the judicial system to adjudicate workplace conflict, emboldening China's workers to use these laws. This book examines these patterns of legal mobilization, showing which workers are likely to avail themselves of these new protections and find them effective. Gallagher finds that workers with high levels of education are far more likely to claim these new rights and be satisfied with the results. However, many others, left disappointed with the large gap between law on the books and law in reality, reject the courtroom for the streets. Using workers' narratives, surveys, and case studies of protests, Gallagher argues that China's half-hearted attempt at rule of law construction undermines the stability of authoritarian rule. New workplace rights fuel workers' rising expectations, but a dysfunctional legal system drives many workers to more extreme options, including strikes, demonstrations and violence.

This volume analyzes whether China's thirty years of legal reform have taken root in Chinese society by examining how ordinary citizens are using the legal system in contemporary China. It is an interdisciplinary look at law in action and at legal institutions from the bottom up, that is, beginning with those at the ground level that are using and working in the legal system. It explores the emergent Chinese conception of justice - one that seeks to balance Chinese tradition, socialist legacies and the needs of the global market. Given the political dimension of dispute resolution in creating, settling and changing social norms, this volume contributes to a greater understanding of political and social change in China today and of the process of legal reform generally.

This book deals with international labor and employment law in the East Asia Region (EA), particularly dealing with China, South Korea, and Japan. It explores and explains the effects of globalization and discusses the role of international lawyers, business personnel, and human resource directors who are knowledgeable, culturally sensitive, and understand the issues that can arise when dealing in EA trade and investment. The text and readings (from area experts) are organized and written to provide the reader with, first, a broad understanding and insight into the global dimensions of the fast-emerging area of labor and employment issues (e.g., global legal standards and their interplay with domestic and foreign laws); and second, to show how these laws and approaches play out in specific EA countries (comparing global approaches with the specific laws of each country on four common agenda items: regulatory administration, workers' rights, trade unions, and dispute resolution). The book should be of interest not only to lawyers, students, human resource personnel, and government officials, but also to business investors, managers, and members of the public interested in the growing phenomenon of changing labor laws and societies in China, South Korea, and Japan.

This book offers a socio-legal exploration of localised consumer complaint processing and dispute resolution in the People's Republic of China – now the second largest consumer market in the world – and the experiences of both ordinary and 'professional' consumers. Drawing on detailed analysis of an impressive body of empirical data, this book highlights local Chinese understandings and practice styles of 'mediation', and identifies in popular consciousness a continuing sense of reliance on the government for securing consumer rights in China. These are not only important features of consumer dispute processing in themselves, but also help to to explain why no ombudsman system has emerged. This innovative book looks at the nature of China's distinctive dispute resolution and complaints system, issues within that system, and the experiences of consumers within it. The book illustrates the access to justice processes locally available to aggrieved consumers and provides a unique contribution to comparative consumer law studies in Asia and elsewhere.

This work provides a model for managing change in a country in transition which takes into account the specifics of organisational change in Chinese organisations. It looks at various aspects of change implementation, such as the types, the process, the readiness to change and the obstacles to change.

As China, Indonesia, Thailand, and Malaysia become world economic powers, questions arise regarding the fate of workers in these countries. This book examines the difficult road traveled by human rights movements in these nations when trying to create independent labor organizations free from governmental interference. The in-depth treatment includes: a worker's rights/labor standards model individumental interference comprehensive data tables on many aspects of the labor struggle ally crafted for each of these nations comprehensive data tables on many aspects of the labor struggle China's problems as it moves from complete state economic control to a modified form of capitalism.

A fresh examination of post-reform China's incorporation into the global economy, focusing on changes in the day-to-day relationships between managers and workers, as reflected in rare verbatim translations of actual labor dispute cases.

This book provides a comprehensive and contextual analysis of the various methods of civil dispute resolution in the PRC. The approach to analysis is historical, comparative and socio-legal.