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China's New Labor Dispute Resolution Law

China's New Labor Dispute Resolution Law
Author: Yun Zhao
Publisher:
Total Pages: 0
Release: 2011
Genre:
ISBN:
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The year of 2008, marking the 30th anniversary of the adoption of the Open-Door Policy, stands as an important year for the implementation of a new set of labor laws intending to provide a better legal framework for the protection of workers' interests. While the Labor Contract Law protects the workers' substantive rights, the Law on Labor Dispute Mediation and Arbitration complements by protecting the procedural rights. This is the first time for China to have a labor procedural law at a high legislative level to enforce mandates protecting workers' rights. It is expected to bring greater protection to the workers, make dispute resolution channels more accessible and promote harmonious relations between the employers and the workers. It remains to be seen whether this will result in an increasing number of labor disputes (some possibly without merit and frivolous) being brought before the local labor arbitration commissions in China. While it is too early to tell whether this new law could meet the original expectation, its real impact, as constantly claimed, lies in how the government and judicial bodies interpret and enforce it.

Landmark Labor Law Cases in China

Landmark Labor Law Cases in China
Author: Baohua Dong
Publisher: Kluwer Law International B.V.
Total Pages: 677
Release: 2019-05-20
Genre: Law
ISBN: 9041195505
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The Labor Law of the People’s Republic of China, originally promulgated in 1994, has undergone many changes and continues to be subject to judgments and arbitral awards arising from disputes and such claims as breaches of labor contract and denial of benefits. This book provides most updated, detailed, and comprehensive interpretation of Chinese labor law issues, focusing on detailed analysis of twenty leading cases. The first part of the book describes in depth the role of labor law in Chinese society, elaborating on its development and its characteristic features. The cases that follow, each described in minute detail, thoroughly explicate the issues that underlie the dynamic growth of Chinese labor law, such as the following: establishment and identification of the employment relationship; performance, change, dissolution, and termination of the employment contract; determining atypical employment relationships; fiduciary duties; health insurance provisions; work-related injury; labor dispatching service; legal remedies—mediation, arbitration, litigation; labor inspection; legal issues on foreigners’ employment in China; violation of rights to privacy, human dignity, and equal employment; enterprise dissolution or merger; employer’s right to dismissal; economic compensations arising from illegal dismissal; and worker’s damages arising from illegal dissolution of the employment contract. The carefully selected cases span the full range of labor law issues, with perspectives from parties to the action, attorneys, and judicial personnel as well as the editor’s expert analysis of the legal principles, statutes, and case law involved. This English translation of a book published in 2016—the first to focus on labor and employment-related issues in China in a comprehensive way via case law—will help the international community to understand China’s labor law environment and its current achievements. It will prove of immeasurable practical value for practitioners, arbitrators, and academics, as well as for employers and workers with an interest in China.

Labor Dispute Resolution in China

Labor Dispute Resolution in China
Author: Virginia Harper Ho
Publisher: Institute of East Asian Studies University of California - B
Total Pages: 292
Release: 2003
Genre: Law
ISBN:
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Labor Law in China

Labor Law in China
Author: Zengyi Xie
Publisher: Springer
Total Pages: 164
Release: 2015-05-26
Genre: Law
ISBN: 3662469294
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​The primary aim of this book is to help readers understand the development of the theory and practice of labor law in China, and to familiarize them with major advances and remaining challenges in this field. The author also puts forward suggestions on how to improve labor law in China on the basis of an analysis of key problems and comparative study. The book can also serve as a useful guide, allowing HR experts at companies with Chinese employees or doing business in China to better understand Chinese labor law and regulations. It covers a broad range of labor law issues, including the meaning of labor relations, definition of the employee and employer, the duties of employers and employees, anti-discrimination, labor dispatch, minimum wage, termination of labor contracts, work injury insurance, labor inspections and labor dispute resolution.

Law and Fair Work in China

Law and Fair Work in China
Author: Sean Cooney
Publisher: Routledge
Total Pages: 210
Release: 2013
Genre: Business & Economics
ISBN: 0415674077
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China's economic reforms have brought the country both major international clout and widespread domestic prosperity. At the same time, the reforms have led to significant social upheaval, particularly manifest in labour relations. Each year, several thousand disputes break out over working conditions, many of them violent, and the Chinese state has responded with both legal and political strategies. This book investigates how Chinese governments have used law, and other forms of regulation, to govern working conditions and combat labour disputes. Starting from the early years of the Republican period, the book traces the evolution of the law of work in modern China right up to the reforms of the present day. It considers the structure of Chinese work law, drawing on both Chinese and Western scholarship to provide new insights into its unique features and assess where the law is innovative and where it is stagnant and unresponsive. The authors explore the various legal and extra-legal techniques successive Chinese governments have adopted to enforce work law and the responses of firms, workers and organizations to these practices.

Chinese Contract Law - Theory & Practice, Second Edition

Chinese Contract Law - Theory & Practice, Second Edition
Author: Mo Zhang
Publisher: BRILL
Total Pages: 495
Release: 2019-12-16
Genre: Law
ISBN: 9004414789
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Chinese Contract Law (2nd Ed) contains the latest developments of contract legislation, adjudication and practices in China and provides all information necessary to comprehend contemporary Chinese contract law.

Dispute Resolution in China

Dispute Resolution in China
Author: Weixia Gu
Publisher: Routledge
Total Pages: 276
Release: 2021-02-22
Genre: Law
ISBN: 1317584767
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China's ever-expanding commercial influence has attracted global attention on how its civil and commercial disputes are resolved. This compelling new book, Dispute Resolution in China, offers a detailed examination of the elements in the Chinese legal system and the relevant reforms to the multiplicity of approaches to civil and commercial disputes in China today. This book reveals how civil litigation, commercial arbitration, mediation, and their hybrid dispute resolution have distinctly responded to, reformed, and developed in the context of China’s transformational economic growth, societal development, and international interaction in the last two decades. It situates these developments and continued experimentation within a unique hybrid of empirical, contextual, and comparative analytical framework, while paving productive pathways towards the future. This book argues that, rather than being a legal project, China’s civil and commercial dispute resolution system is essentially a social development project, which distinguishes the Chinese approach to civil justice reform from contemporary civil justice movements elsewhere. Among the primary methods of dispute resolution, commercial arbitration in China today uniquely transcending the traditional socio-political constraints, its reform has developed in favor of market-oriented considerations and shaped by China’s socio-economic dynamics and internationalization needs. By contrast, civil litigation and mediation being more instrumentalist in nature, their reform is socio-politically embedded and continues to prioritize social stability. This book also shines a fresh light on comparative assessments of top-down and bottom-up changes in China’s dispute resolution discourse, as well as on how China speaks to international dispute resolution systems. Original and rich in its analysis, this book will be essential reading and invaluable reference tool for scholars with a focus on Chinese law, comparative and international dispute resolution, and on broader legal, institutional, economic, social, political and cultural dimensions of dispute resolution development.

Understanding Labor and Employment Law in China

Understanding Labor and Employment Law in China
Author: Ronald C. Brown
Publisher: Cambridge University Press
Total Pages: 349
Release: 2009-10-12
Genre: Law
ISBN: 1139482017
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Continued economic prosperity in China and its international competitive advantage have been due in large part to the labor of workers in China, who for many years toiled in underregulated workplaces. More recently, labor law reforms have been praised for their progressive measures and, at the same time, blamed for placing too many economic burdens on companies, especially those operating on the margins, which in some cases have caused business failures. This, combined with the global downturn and the millions of displaced and unemployed Chinese migrant laborers, has created ongoing debate about the labor laws. Meanwhile, the Chinese Union has organized many of the Global Fortune 500 companies, and a form of collective bargaining is occurring. Workers are pursuing their legal labor rights in increasing numbers. This book provides a clear overview of the labor and employment law environment in China and its legal requirements, as well as practices under these laws used to deal with labor issues.

Labour Disputes and their Resolution in China

Labour Disputes and their Resolution in China
Author: Jie Shen
Publisher: Elsevier
Total Pages: 179
Release: 2007-02-28
Genre: Business & Economics
ISBN: 1780632274
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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

The Settlement of Labor Disputes Through Mediation and Arbitration in China

The Settlement of Labor Disputes Through Mediation and Arbitration in China
Author: Ji MA
Publisher:
Total Pages: 0
Release: 2012
Genre:
ISBN:
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The paper focuses on the settlement of labor dispute through mediation and arbitration in China. In Section I the paper talks about the labor dispute in China with the statistics analysis about labor disputes in China, including collective disputes. And the paper analyzes the reasons behind these statistics. In Section II the paper talks about the history of labor dispute resolution method through mediation and arbitration, combining with the relevant labor dispute laws and regulations. In Section III the paper talks about the specific process to resolve labor dispute through mediation and arbitration based on the current effective laws and regulations. Section IV talks about the characteristics of current mediation and arbitration method to resolve labor dispute in China, and will evaluation of the mediation and arbitration approach to resolve the labor dispute, including the advantages and limits of current mediation and arbitration approach to resolve the labor dispute. Section V concludes the paper with several suggestions. A more independent dispute mediation and arbitration system, the committee-appointing arbitrator mechanism, labor dispute cases' information publication mechanism, the mandatory nature of the arbitration, and the nature of the trade union all needto be reformed.