Landmark Labor Law Cases In China

Author : Baohua Dong
Publisher : Kluwer Law International B.V.
Page : 677 pages
File Size : 40,8 Mb
Release : 2019-05-20
Category : Law
ISBN : 9789041195500

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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.

Author : Baohua Dong
Publisher : Kluwer Law International
Page : 0 pages
File Size : 44,7 Mb
Release : 2019
Category : Labor disputes
ISBN : 9041195491

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Landmark Labor Law Cases in China by Baohua Dong Pdf

'Landmark Labor Law Cases in China' provides the most updated, detailed, and comprehensive interpretation of Chinese labor law issues, focusing on detailed analysis of twenty leading cases. Each case has its own special features involving different legal problems and covering common issues in the existing labor law system of China. 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 addresses the most pressing challenges, particularly, the complexity and variability of the legal system concerning labor and employment in China.

Author : Dessie Tilahun Ayalew
Publisher : Eliva Press
Page : 58 pages
File Size : 42,5 Mb
Release : 2021-03-22
Category : Law
ISBN : 1636481418

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Re-Visiting the Chinese 'Land-Mark Cases' of Employment Discrimination in Light of Theories of Employment Discrimination and American Adjudication Pra by Dessie Tilahun Ayalew Pdf

The People's Republic of China (PRC) is an old country with a socialist orientation of its characteristics. Thus, actual empowerment and rights recognized by the working force are something that seeks attention. But the age of labor law as well as social movements for guaranteeing worker's rights is a very young legal regime and practice while comparing it with the American counterpart. The Labour Contract Law of PRC started and promulgated in 1994 and the first social movement of workers against employment discrimination happened only at the beginning of this millennium. The social movements of Chinese workers against employment discrimination and passed through right-based litigation gave a clue and hint that workers can guarantee their constitutional rights if properly alleged before courts of law as per constitutional rights. Because the Chinese courts have an active role in judicial activism, it is difficult to say that the Chinese employment discrimination cases are judge-made. Thus, this paper tried to re-examine the 'grand employment discrimination cases in light of the distinguished jurisprudence of theories of discrimination and American adjudication. The paper argued that though the employment discrimination cases of Chinese are at the beginning stage, they are a breakthrough by themselves and should be developed further in light of the basic theories of discrimination and Chinese Courts should draw lessons as well strengthen their independence.

Author : Yan Wang
Publisher : Unknown
Page : 0 pages
File Size : 47,6 Mb
Release : 2022
Category : Electronic
ISBN : 9811681023

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Chinese Labour Law by Yan Wang Pdf

This book provides an overall understanding of Chinese labour law and covers many important issues related to the application of Chinese labour law. Particularly, the book explains the difficult points in Chinese labour law from the perspective of juridical practice. Many typical cases are selected to illustrate the important issues in Chinese labour law. These cases are from the courts in the developed areas in China, where foreign-funded enterprises gather. Also, the book addresses the implications of the Civil Code on the labour law. The latest developments are reflected in the book, which include guidelines related to labour dispute case hearing formulated by the Higher Courts in many provinces, and the guiding cases released by the Supreme Court. Such developments are the reflections of fragmented judicial application of Chinese labour law.

Author : Tsuyoshi Hasegawa,Kazuhiko Togo
Publisher : Bloomsbury Publishing USA
Page : 276 pages
File Size : 52,8 Mb
Release : 2008-06-30
Category : Social Science
ISBN : 9780313356131

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East Asia's Haunted Present by Tsuyoshi Hasegawa,Kazuhiko Togo Pdf

This collection of essays by leading scholars from Japan, China, South Korea, and the United States examines how and why bitter historical memories have resurfaced in recent years as freshly virulent and contentious issues between Japan and its neighbors—especially China and South Korea. Moreover, it seeks to identify what set of conditions and what sequence of measures will enable these modern nations to manage, palliate, and exorcise the wrongs of the past in a spirit of reconciliation, so that the dangerous growth of nationalist resentments and revanchism can be checked. Comfort women ... the Yasukuni Shrine ... the history textbook controversies ... The single sorest issue confronting East Asia today is the growing animosity and conflict between Japan and its neighbors—especially China and South Korea—over their respective and collective memories of Japan's pre-1945 militaristic aggression, oppression, and atrocities. Even as East Asia has established itself as one of the most vibrant economic regions of the world, the strident nationalisms that have emerged here in the post-Cold War period have exacerbated historical grievances and heightened the international tensions that separate Japan from China and South Korea, blocking the development of an international system based on comity and cooperation.

Author : Yukiko Koga
Publisher : University of Chicago Press
Page : 336 pages
File Size : 52,6 Mb
Release : 2016-11-28
Category : History
ISBN : 9780226412139

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Inheritance of Loss by Yukiko Koga Pdf

In Inheritance of Loss, anthropologist Yukiko Koga tackles complex questions of how two nations previously at war come to terms with their troubled past. Her site is Northeast China, where Japan s imperial ambitions were pursued to devastating and murderous ends in the twentieth century. There the landscape, which is still peppered with missiles and unexploded chemical weapons from the war, is the backdrop for refurbished imperial architecture and revived Japanese businesses. But the national wounds of China and Japan s history problem cannot be stitched together solely through international trade. The author shows why mutual recognition of wartime atrocities is the only thing that can allay the persistent and sporadically explosive tensions between two of the most powerful countries in the Eastern hemisphere. A milestone in memory studies that incorporates sorely needed attention to materiality and political economy, Inheritance of Loss shows just how crucial imperial legacies will continue to be despite China s and Japan s attempts to leave the past behind in pursuit of a more prosperous future."

Author : Yan Wang
Publisher : Springer Nature
Page : 315 pages
File Size : 40,5 Mb
Release : 2021-11-30
Category : Law
ISBN : 9789811681011

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Chinese Labour Law by Yan Wang Pdf

This book provides an overall understanding of Chinese labour law and covers many important issues related to the application of Chinese labour law. Particularly, the book explains the difficult points in Chinese labour law from the perspective of juridical practice. Many typical cases are selected to illustrate the important issues in Chinese labour law. These cases are from the courts in the developed areas in China, where foreign-funded enterprises gather. Also, the book addresses the implications of the Civil Code on the labour law. The latest developments are reflected in the book, which include guidelines related to labour dispute case hearing formulated by the Higher Courts in many provinces, and the guiding cases released by the Supreme Court. Such developments are the reflections of fragmented judicial application of Chinese labour law.

Author : Andrew P. Morriss,Samuel Estreicher
Publisher : Kluwer Law International B.V.
Page : 890 pages
File Size : 40,8 Mb
Release : 2010-01-01
Category : Law
ISBN : 9789041132659

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Global Labor and Employment Law for the Practicing Lawyer by Andrew P. Morriss,Samuel Estreicher Pdf

In recognition of the growing importance of global labour and employment law, the Center for Labor and Employment Law at New York University School of Law dedicated its 61st Annual Conference on Labor to an in-depth examination of issues arising in this area. This volume of the proceedings of the 2008 conference contains papers presented at that meeting, all here updated to reflect recent developments, as well as additional contributions from other practitioners and academics with extensive knowledge and experience in the field. Experts from both the practicing bar and academia - twenty-seven in all - use their unique strengths to address issues worthy of concern in each juridical realm. An unusual feature of this volume in the series is its in-depth attention to comparative law in the field, with exploration of developments in China, France, and New Zealand, as well as in European Union law. As always, this annual conference captures valuable insights and syntheses of central labour and employment law issues and will be of great value to practitioners and academics in the field.

Author : United States. Congressional-Executive Commission on China
Publisher : Unknown
Page : 40 pages
File Size : 47,9 Mb
Release : 2009
Category : Business & Economics
ISBN : UOM:39015090411508

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The Financial Crisis and the Changing Role of Workers in China by United States. Congressional-Executive Commission on China Pdf

Author : United States. Congressional-Executive Commission on China
Publisher : Unknown
Page : 348 pages
File Size : 43,7 Mb
Release : 2010
Category : China
ISBN : PURD:32754082300066

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Annual Report by United States. Congressional-Executive Commission on China Pdf

Author : Yaqiu Wang
Publisher : Unknown
Page : 66 pages
File Size : 41,5 Mb
Release : 2021
Category : China
ISBN : OCLC:1253400986

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"Take Maternity Leave and You'll be Replaced" by Yaqiu Wang Pdf

"... draws on court documents, surveys, social media posts, and media reports to detail the various forms of pregnancy-related discrimination women have experienced during the two-child policy era."--Publisher website.

Author : Michael Barry,Adrian Wilkinson
Publisher : Edward Elgar Publishing
Page : 481 pages
File Size : 44,7 Mb
Release : 2011-01-01
Category : Political Science
ISBN : 9780857936318

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Research Handbook of Comparative Employment Relations by Michael Barry,Adrian Wilkinson Pdf

'Besides a well-written introduction by the two editors, the book presents seventeen other chapters, some by well-known writers on the subject or related social sciences. . . This is a substantial resource book for scholars and students of comparative ER, especially for those who look towards the evolution of ER in the new economic world that is in formation, and in a comparative perspective. . . the book contains intellectually stimulating analyses of employee relations realities across the globe. . . Scholars belonging to different disciplinary perspectives, from which ER has been studied in the past, will also find in it a good reference material of comparative analyses. . . The publishers too deserve accolades for their professionalism and first rate copy-editing and production.' – Debi S. Saini, Vision – the Journal of Business Perspectives 'The book is a comprehensive volume of studies on employment relations in a wide variety of settings. . .an enriching compendium.' – Silvia Florea, Management of Sustainable Development The Research Handbook of Comparative Employment Relations is an essential resource for those seeking to understand contemporary developments in the world of work, and the way in which employment relations systems are evolving around the world. Special consideration is given to the impact of globalisation and the role of multinational corporations, including their consequences for the fate of workers' rights under existing national systems of employment relations (ER) regulation. This Handbook is unique in taking an explicitly comparative approach by discussing ER developments through a series of paired country comparisons. These chapters include a wide selection of countries from all regions, looking beyond those that are frequently discussed. The expert contributors also examine comparative issues from a range of perspectives, including industrial and employment relations, political economy, comparative politics, and cross-cultural studies. These impressive features make this important reference tool the most comprehensive of its kind. Academics and students in final-year undergraduate and postgraduate courses interested in employment relations will find this compendium enriching and insightful.

Author : Andre Laliberte,Marc Lanteigne
Publisher : Routledge
Page : 204 pages
File Size : 41,5 Mb
Release : 2007-12-18
Category : Business & Economics
ISBN : 9781134058280

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The Chinese Party-State in the 21st Century by Andre Laliberte,Marc Lanteigne Pdf

As the CCP moves away from traditional Maoism it seeks to maintain its commanding role in political life despite a growing number of challenges to its claims of legitimacy. This book describes these challenges and explains how the CCP adapts to maintain its authority.

Author : Sergio M. Moccia
Publisher : diplom.de
Page : 88 pages
File Size : 42,9 Mb
Release : 2008-03-05
Category : Business & Economics
ISBN : 9783836610315

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The level of protection provided by Chinese labour law by Sergio M. Moccia Pdf

Inhaltsangabe:Abstract: The Thesis The level of protection provided by Chinese labour law compared to German labour law as a stimuli for western investment in the People s Republic of China describes the Chinese Labour Law and traces back the sources of the Chinese Labour Law regulations. In the first section the German Labour Law and some of the most important clauses are explained. In further sections the Chinese Labour Law itself and its coherent development, the main landmarks and the similarities to the German Labour Law, with its Romanist Tradition, are reflected. In particular the situation of the unions and their influence on management polices are named. In further sections, this thesis displays the current situation in the Chinese corporate world and its relation towards the Chinese Labour Law. With the elaboration of three chosen cases, this thesis highlights the enforcement level and the core aspects of Chinese Labour Law that are frequently violated within Chinese joint-ventures and their partners from abroad, either from Asian and Western developed nations. In addition to that, this thesis focuses on the situation in Taiwan and Hong Kong in respect to their Labour Law systems and gives a brief overview about their core aspects and its future perspective and likelihood to keep its sovereignty under the increasing influence of China mainland. One of the main aspects of this thesis is discussed in the sections dealing with the New Chinese Labour Law of 2007 and its upcoming implementation on the 1st of January 2008. Issues concerning the development and core improvements are evaluated and precisely explained. Furthermore, it will be discussed about the ramifications and main changes that are probably to emerge in the near future. This thesis will also shed some light on the reactions of the work force in China and multinationals in general. The fears and hopes that go hand in hand with implementation of the new draft. Last but not least, this thesis will give proposals and suggestion to German and Western companies how to deal with labour law related issues that are planning to enter this viable and fast growing market. Moreover, this dissertation will give an overview about the main aspects in terms of Chinese Labour Law regulations that should be considered in order to establish a successful business in the People s Republic of China. Inhaltsverzeichnis:Table of Contents: I.Table of Figures II.List of [...]

Author : Leta Hong Fincher
Publisher : Verso Books
Page : 257 pages
File Size : 41,5 Mb
Release : 2021-04-27
Category : Political Science
ISBN : 9781786633651

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Betraying Big Brother by Leta Hong Fincher Pdf

A feminist movement clashing with China’s authoritarian government. Featured in the Washington Post and the New York Times. On the eve of International Women’s Day in 2015, the Chinese government arrested five feminist activists and jailed them for thirty-seven days. The Feminist Five became a global cause célèbre, with Hillary Clinton speaking out on their behalf and activists inundating social media with #FreetheFive messages. But the Five are only symbols of a much larger feminist movement of civil rights lawyers, labor activists, performance artists, and online warriors prompting an unprecedented awakening among China’s educated, urban women. In Betraying Big Brother, journalist and scholar Leta Hong Fincher argues that the popular, broad-based movement poses the greatest challenge to China’s authoritarian regime today. Through interviews with the Feminist Five and other leading Chinese activists, Hong Fincher illuminates both the difficulties they face and their “joy of betraying Big Brother,” as one of the Feminist Five wrote of the defiance she felt during her detention. Tracing the rise of a new feminist consciousness now finding expression through the #MeToo movement, and describing how the Communist regime has suppressed the history of its own feminist struggles, Betraying Big Brother is a story of how the movement against patriarchy could reconfigure China and the world.