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Labour Disputes and their Resolution in China by Jie Shen Pdf
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
Law and Fair Work in China by Sean Cooney,Sarah Biddulph,Ying Zhu Pdf
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.
Author : Christopher Hunter,Louisa Lam,Ketong Lin Publisher : CCH Hong Kong Limited Page : 392 pages File Size : 49,7 Mb Release : 2008 Category : Law ISBN : 9881701422
Employment Law in China by Christopher Hunter,Louisa Lam,Ketong Lin Pdf
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.
Industrial Relations in China by Bill Taylor,Kai Chang,Qi Li Pdf
"This enlightening book provides the first systematic introduction to, and exploration of, the emerging system of industrial relations in China, and draws on the authors' extensive research and direct involvement in the developments taking place. The authors argue that there are both unifying and fragmenting elements to the ongoing development of industrial relations, but overall it is one in which the state continues to maintain a major, and direct, influence. Divisions between workers and managers may be escalating with increased open conflicts, but this book reveals that the picture is far more complex and contradictory than to assume that the solution is convergence with western style industrial relations systems. They conclude that industrial relations institutions and processes still act within a political context and with the guiding hand of the Chinese Communist party."
Landmark Labor Law Cases in China by Baohua Dong Pdf
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.
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.
Managing Business Disputes in Today's China by Michael J. Moser Pdf
With its practical, problem-solving approach, this book provides corporate counsel, international lawyers, and business people, as well as students of dispute resolution, with a realistic picture of dispute settlement practices in business transactions in China today.
This book focuses on the law and development of major dispute resolution mechanisms in China, examining the design and legal framework of civil litigation, arbitration and mediation, their operations, challenges, and past-decade reforms.
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.
Dispute Resolution in the People’s Republic of China by Zhiqiong June Wang,Jianfu Chen Pdf
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.
The Emerging Industrial Relations of China by William Brown,Chang Kai Pdf
Labour relations are at the heart of China's extraordinary economic rise. This growth, accompanied by internal migration, urbanisation and rising income have brought a dramatic increase in the aspirations of workers, forcing the Chinese government to restructure its relationships with both employers and workers. In order to resolve disputes and manage workplace militancy, the once monolithic official trade union is becoming more flexible, internally. No longer able to rely on government support in dealing with worker unrest, employers are rapidly forming organisations of their own. In this book, a new generation of Chinese scholars provide analyses of six distinct aspects of these developments. They are set in the broader context by the leading authority on Chinese labour law and two western specialists in comparative labour relations. The result is a comprehensive study for scholars and graduate students working in Chinese industrial relations, comparative labour law, human resource management, NGOs and international labour organisations.
Resolving Business Disputes in China by Jingzhou Tao Pdf
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.
The nature and magnitude of the growth in China-Africa economic relations in recent years is unprecedented and extraordinary. According to recent estimates, the value of China’s trade with African nations grew from a mere USD 10 million in the 1980s to USD 55 billion in 2006, and to more than USD 100 billion by the end of 2009, at which time nearly 1,600 Chinese companies were doing business in Africa with a direct stock investment of about USD 7.8 billion. The accelerating impetus of China-Africa trade has overtaken some crucially important features of an effective trade regime, most notably a fully trustworthy dispute resolution system. It is the current and potential future efficacy of such a system that is taken up in this book with great understanding and skill. The author evaluates existing mechanisms of dispute resolution in all aspects of China-Africa economic relations in light of the parties’ economic and cultural profiles and their evolving legal traditions, and goes on to propose a comprehensive institutional model of dispute resolution that takes full account of the economic needs and legal cultures of both China and the various African countries. Among the topics and issues that arise in the course of the book are the following: suitability of the WTO’s dispute resolution mechanism for China-Africa trade relations; domestic, bilateral, regional, and multilateral law sources affecting China-Africa commerce; the role of intra-Africa bilateral investment treaties; competing interests that underpin international investment law; relevant legal, economic, and political challenges and cultural barriers; permissible scope of regional trade regimes; national treatment versus duty to compensate; and harmonization initiatives—model laws, incoterms, restatements. The author includes in-depth analysis of how China-Africa economic relations fare in the varieties of dispute resolution methods available at the major arbitral European and American institutions—ICSID, AAA, ICC, LCIA, PCA—as well as under the rules of the China International Economic and Trade Arbitration Commission (CIETAC) and the important arbitral fora in Cairo, Kuala Lumpur, and Lagos. Endorsing institutional arbitration as the most appropriate form of resolving trade, investment, and commercial disputes arising between China and African countries, this ground-breaking analysis outlines the obstacles and shortcomings of the available means of dispute settlement, both in international and domestic contexts, and offers deeply informed recommendations for improvement of the existing system. Although the book will be welcomed by interested scholars and practitioners for its detailed discussion of how China-Africa trade relations are situated within the global trade regime, its most enduring value lies in its thorough evaluation of the available options and its proposals for structuring a legal framework within which future disputes will be effectively resolved.
Disputes Resolution in Urban Communities in Contemporary China by Jieren Hu Pdf
This book explains the causes, process, and results of group disputes in urban communities (the empirical experiences from Shanghai) in China. It explores the means and characteristics of as well as the differences in conflict resolution in various forms of state–society relations, particularly the ways of dealing with and resolving disputes concerning mass incidents involving government interests in China’s current social transformation period. It also analyzes how people’s mediation organizations interact with the local government when managing and defusing collective disputes. Combining the relevant theories and five conflict resolution measurement models created by Blake and Mouton (1964), this book explains the current interaction model and cooperation mechanism between the state and social organizations in China. To do so, it examines the role of the Lin Le People’s Mediation Workroom in dealing with community collective disputes and the respective action strategies and constraints. The book argues that the current state–social relations in China are not centered on society or the state, but on “state-led social pluralism.”
Author : John Brand Publisher : Juta and Company Ltd Page : 332 pages File Size : 52,9 Mb Release : 2008 Category : Business & Economics ISBN : 0702179558
