The Level Of Protection Provided By Chinese Labour Law

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The level of protection provided by Chinese labour law

Author : Sergio M. Moccia
Publisher : diplom.de
Page : 88 pages
File Size : 49,7 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 [...]

The level of protection provided by Chinese labour law compared to German labour law

Author : Sergio M Moccia
Publisher : Igel Verlag
Page : 101 pages
File Size : 51,8 Mb
Release : 2008-08
Category : Law
ISBN : 9783868150452

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The level of protection provided by Chinese labour law compared to German labour law by Sergio M Moccia Pdf

AsienThis work 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. Further more, this work 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 or Western developed nations. In addition, this work focuses on the situation in Taiwan and Hong Kong in respect to their Labour Law systems and gives a brief overview over 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 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. Further more, the ramifications and main changes that are likely to emerge in the near future will be discussed. This work 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 the implementation of the new draft. Last but not least, this work 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, it will give an overview over 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.

Employment Law in China

Author : Christopher Hunter,Louisa Lam,Ketong Lin
Publisher : CCH Hong Kong Limited
Page : 392 pages
File Size : 40,8 Mb
Release : 2008
Category : Law
ISBN : 9881701422

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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.

The China Employment Law Guide

Author : Grace Yang
Publisher : TCKPublishing.com
Page : 208 pages
File Size : 49,8 Mb
Release : 2017-08-15
Category : Law
ISBN : 1631610414

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The China Employment Law Guide by Grace Yang Pdf

The China Employment Law Guide addresses various key China labor and employment issues all employers (especially foreign companies doing business in China) and employees (especially expats seeking a job or working in China) need to address or understand. It provides practical and easy-to-understand answers to China labor and employment questions from hiring through firing and nearly all things in between. For example, it addresses the issues China employers constantly confront on matters ranging from what they need to consider in drafting their employment contracts, what should go into a China-centric employer set of rules and regulations and why such a document is essential at all, how to hire, how to fire, overtime, vacation time, pregnancy leave, probation terms, employee benefits, and even lifetime employment. Perhaps most importantly, it confronts head on the many myths Western companies have about China employment laws and discusses how those myths can cause so many problems. This book consists mostly of blog posts and articles my colleagues and I have authored over the years on our award-winning China Law Blog. We do our best to make these articles (and this book) as concise and readable as possible because to provide our readers with accessible legal and practical answers that work in the real world. Unless absolutely necessary, this means we do not go into the weeds in citing and explaining China's employment rules and regulations, but we instead lay out clear paths forward for dealing with real-life employment law issues and problems. China's labor and employment laws are complex and local and constantly evolving, and so in many cases, we write not so much to provide the right answers for your specific situation, but to arm you with the right questions you must ask to get the right answers.

Labour Administration Reforms in China

Author : Giuseppe Casale,Changyou Zhu
Publisher : Unknown
Page : 0 pages
File Size : 55,5 Mb
Release : 2013
Category : Business & Economics
ISBN : 9221279049

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Labour Administration Reforms in China by Giuseppe Casale,Changyou Zhu Pdf

China has the largest labor market in the world. To adapt to the challenges of rapid urbanization and industrialization, China's labor administration system is being reformed and modernized so that it can effectively ensure compliance with legislation and protect the rights and interests of employers and workers. This timely volume provides a comprehensive overview of the evolution of labor administration in China. It details the recent reforms of Chinese legislation and institutions. The authors provide a clear explanation of the principles and practical workings of labor administration in workplace-specific issues such as occupational safety and health, labor relations, and working conditions.

Law and Fair Work in China

Author : Sean Cooney,Sarah Biddulph,Ying Zhu
Publisher : Routledge
Page : 210 pages
File Size : 54,9 Mb
Release : 2013
Category : Business & Economics
ISBN : 9780415674072

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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.

Routledge Handbook of Constitutional Law in Greater China

Author : Ngoc Son Bui,Stuart Hargreaves,Ryan Mitchell
Publisher : Taylor & Francis
Page : 517 pages
File Size : 43,9 Mb
Release : 2022-12-29
Category : Law
ISBN : 9781000800579

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Routledge Handbook of Constitutional Law in Greater China by Ngoc Son Bui,Stuart Hargreaves,Ryan Mitchell Pdf

The Handbook of Constitutional Law in Greater China surveys important issues of constitutional law in Mainland China, Hong Kong, Macau, and Taiwan. It synthesizes existing scholarship, debates, and views on important constitutional issues in the four jurisdictions. Written by a range of scholars, it contributes to both national and comparative scholarship on constitutional law in these jurisdictions. The book includes four parts: Part I: History. This part explores the constitutional movement of the Qing dynasty; constitutional projects in modern China; and aspects of the drafting and implementation history of the Hong Kong and Macau Basic Laws Part II: Structure. This part discusses the relationship between the party-state and the Chinese constitutional order; Chinese constitutionalism; constitutional aspects of city development under the SAR concept; constitutional review in Mainland China; a history of Taiwan’s ‘Council of Grand Justices’; and judicial review in both Hong Kong and Macau Part III: Rights, Society, and Economy. This part deals with Hong Kong’s National Security Law and its impact on the ‘one country, two systems model’; social movements and constitutionalism; LGBT rights advocacy; the integration of capitalist regions within socialist China; the constitutional relevance of labour reforms in Mainland China; healthcare rights in both the Mainland and the SARS; and foreign investment under Art. 18 of the PRC Constitution Part IV: Transnational Engagement. This part surveys comparative writings on China’s constitution; the influence of international human rights treaties on China’s constitutional order; the international dimension of Hong Kong’s constitutional order; and the changing role of the ‘overseas judges’ in Hong Kong Exploring both historical and cutting-edge constitutional issues, this reference book is important reading for law researchers, lawyers, graduate students, undergraduates, and practitioners in the field of constitutional law and politics in Mainland China, Taiwan, Hong Kong, and Macau.

China’s State-Directed Economy and the International Order

Author : Luyao Che
Publisher : Springer
Page : 224 pages
File Size : 44,9 Mb
Release : 2019-03-14
Category : Law
ISBN : 9789811358388

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China’s State-Directed Economy and the International Order by Luyao Che Pdf

This book explores the legal implications of China’s state-directed economic model for the existing international economic order. It first reveals the close links between the market and the state in contemporary China by profiling an emerging triple role of the state in the economy. It then explores how the domestic legal system underpins the distinctive market-state relationship, before analysing whether essential norms of international economic law, which bracket the international economic order, are able to adapt to China’s innovative market-state relationship. The book argues that the international economic order is inherently limited since it tends to adhere to an orthodox dichotomy, with a clear boundary between the market and the state. It also suggests that China’s new state-market relationship has challenged the dichotomy – the state does not intend to eliminate the functioning of the market but, conversely, utilises a market mechanism and makes itself more integrated into the market. Lastly the book proposes a fresh perspective to comprehend the ‘market-state’ question, which does not to take for granted that all market-state relationships are mutually exclusive.

The Chinese Economic Transformation

Author : Song, Ligang,Zhou, Yixiao,Hurst, Luke
Publisher : ANU Press
Page : 336 pages
File Size : 51,9 Mb
Release : 2019-07-10
Category : Business & Economics
ISBN : 9781760463120

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The Chinese Economic Transformation by Song, Ligang,Zhou, Yixiao,Hurst, Luke Pdf

The Chinese Economic Transformation, the 19th volume in the China Update book series, provides an opportunity for young economists to share their views on various issues relating to the Chinese economic transformation. More than half of the contributors to this book are female scholars. Some of the contributors are rising stars in the studies of the Chinese economy and economic transition, and some only recently received their PhDs and are on their way to establishing themselves in the field of China studies. But they have one thing in common: to passionately observe, study and research what is going on in the Chinese economic transformation during the reform period; and, by so doing, make contributions to the policy debates on, and general understanding of, the Chinese economy. The chapters in this volume include an in-depth probe into challenges in capital and credit allocation due to financial friction and policy distortions; investigating the causes of growth slow-down in China and suitable policy responses; the evolution of the household registration system and its impact on off-farm employment and the integration of rural and urban labour markets; the growth, scale and characteristics of nonstandard employment; the development of rural e-commerce and its economic impact; innovation performance of listed enterprises in China; financial services liberalisation and its impact on firms’ performance; financing support schemes for small and medium-sized enterprises (SMEs) and the effect on banks’ credit allocation to SMEs; the potential costs of US–China trade conflict and ways to mitigate them; gender income gap in China’s labour market; causes of blockage of Chinese overseas direct investment and strategies to reduce the probability of encountering obstacles; and the role of state capital in the iron ore boom in Australia. The great variety of topics in this year’s Update allows readers to understand the current shape of the Chinese economy and to think deeply about policies and necessary reforms for future growth and development.

Protection of Women's Social Rights from the Perspectives of Chinese and International Law

Author : Li Xixia
Publisher : Paths International Ltd
Page : 741 pages
File Size : 54,9 Mb
Release : 2016-03-31
Category : Law
ISBN : 9781844644636

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Protection of Women's Social Rights from the Perspectives of Chinese and International Law by Li Xixia Pdf

This book discusses the protection of women's social rights from the perspectives of international and domestic Chinese law; the legislative, administrative and judicial protection of women's social security rights; the legislative, administrative and judicial protection of women's right to health; legal protection of women's labour rights.From domestic and international perspectives, this book brings together theories and a comparative overview, drawing on much needed insights into good practices in the protection of women's social rights provided by international, regional and foreign human rights laws. It sheds light on the theoretical and practical issues concerning the legal protection of social rights of women as a vulnerable group in society. It provides the readers with insightful analysis of the latest developments in the fields of social security, women's maternity protection, labour protection, the right to employment, the right to health, and anti-domestic violence legislation in China, and features a comparative study on the protection of women's social rights in countries such as the Netherlands, the United Kingdom, Switzerland, Germany, France and Australia. The volume is an important part of the long-term research carried out by the Institute of Law Chinese Academy of Social Sciences on human rights and the rule of law, as well as a continuation and further development of fundamental research on the legal system of protection of women's human rights. This publication is of great theoretical and practical significance for further theoretical analysis and policy analysis on the legal protection of women's social rights and the improvement of the legal mechanisms safeguarding women's social rights in China.

Understanding Labor and Employment Law in China

Author : Ronald C. Brown
Publisher : Cambridge University Press
Page : 349 pages
File Size : 51,8 Mb
Release : 2010
Category : Law
ISBN : 9780521191487

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Understanding Labor and Employment Law in China by Ronald C. Brown Pdf

This book provides a clear overview of the labor and employment law environment in China and its legal requirements.

International and Comparative Employment Relations

Author : Russell D Lansbury,Greg J Bamber
Publisher : Routledge
Page : 339 pages
File Size : 44,5 Mb
Release : 2020-07-25
Category : Business & Economics
ISBN : 9781000256994

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International and Comparative Employment Relations by Russell D Lansbury,Greg J Bamber Pdf

'The most comprehensive and authoritative comparative analysis of employment relations . . .' Thomas Kochan, Massachusetts Institute of Technology, United States '. . . breaks new ground as an integrated account of the forces shaping employment relations.' William Brown, University of Cambridge. United Kingdom Established as the standard reference for a worldwide readership of students, scholars and practitioners in international agencies, governments, companies and unions, this text offers a systematic overview of international employment relations. Chapters cover the United Kingdom, United States, Canada, Australia, Italy, France, Germany, Denmark, Japan, South Korea, China and India. Experts examine the context of employment relations in each country: economic, historical, legal, social and political. They consider the roles of the major players: employers, unions and governments. They outline the processes of employment relations: collective bargaining and arbitration, consultation and employee involvement. Topical issues are discussed: non-unionised workplaces, novel forms of human resource management, labour law reform, multinational enterprises, networked organisations, differences between Asian and Western companies, small and medium-sized enterprises, migrant workers, technological change, labour market flexibility and pay determination. This sixth edition is fully revised with an emphasis on globalisation and comparative theories, including concepts of convergence. It offers a new framework for varieties of capitalism in the Introduction, and concludes with an insightful account of the forces shaping employment relations in the world economy.

Taking Employment Discrimination Seriously: Chinese and European Perspectives

Author : Yuwen Li,Jenny Goldschmidt
Publisher : BRILL
Page : 320 pages
File Size : 43,7 Mb
Release : 2009-06-02
Category : Law
ISBN : 9789047430612

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Taking Employment Discrimination Seriously: Chinese and European Perspectives by Yuwen Li,Jenny Goldschmidt Pdf

This book examines employment discrimination in China on the grounds of health, gender, disability and social origin. In their chapters, the European authors discuss the law on anti-discrimination in employment at both the EU and domestic level.

Chinese Labour Law

Author : Yan Wang
Publisher : Springer Nature
Page : 315 pages
File Size : 53,5 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.

Fundamental Labour Rights in China - Legal Implementation and Cultural Logic

Author : Ulla Liukkunen,Yifeng Chen
Publisher : Springer
Page : 269 pages
File Size : 44,8 Mb
Release : 2015-12-12
Category : Law
ISBN : 9783319231563

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Fundamental Labour Rights in China - Legal Implementation and Cultural Logic by Ulla Liukkunen,Yifeng Chen Pdf

This volume gathers together chapters that address the theme of implementing fundamental labour rights in China. It explores the legal framework as well as key institutions and other actors along with the socio-economic context involved in interpretation, implementation, enforcement and overall promotion of fundamental labour rights in China. As a collection of chapters, it assembles comparative and mutually complementary perspectives and insights by distinguished scholars from China, Europe and the United States. With its broad perspective on implementation, the book discusses the most topical challenges to realizing fundamental labour rights in China. China was among the founding members of the ILO. With the regulatory approach of the ILO, fundamental labour rights have gained a new foothold as a key pillar in managing the social dimension of globalization. The development of fundamental labour rights protection in China can be viewed as part of a larger development within China’s domestic economic and social transition as well as its integration into the global economic system. While China has ratified four of the eight ILO core conventions, the challenge of effective implementation and enforcement in the domestic context remains. With its in-depth research on fundamental labour rights in the particular cultural context of the Chinese experience, this book studies Chinese labour law from multiple perspectives, at the same time examining the wider role of international labour standards in developing Chinese law and society. This volume is a remarkable enlargement of existing scholarship on international labour standards, on the one hand, and fundamental labour rights in China on the other. These chapters thoroughly analyse the legal and institutional framework for implementing labour law in China. Among the topics covered are fundamental labour rights including freedom from forced labour, prohibition of use of child labour and non-discrimination. In addition, this volume benefits from socio-historical observations on the cultural logics that inform implementation of fundamental labour rights in China in which the history and current development of Chinese labour law are equally reflected with substantive depth.