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 : 48,8 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.

Author : Christopher Hunter,Louisa Lam,Ketong Lin
Publisher : CCH Hong Kong Limited
Page : 392 pages
File Size : 44,7 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.

Author : Martin Oelz
Publisher : International Labor Office
Page : 0 pages
File Size : 49,5 Mb
Release : 2012
Category : Business & Economics
ISBN : 9221252752

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Effective Protection for Domestic Workers by Martin Oelz Pdf

This guide is a practical tool for those involved in national legislative processes and in the design of labour laws, including government officials and representatives of workers' and employers' organisations. At the 100th International Labour Conference in June 2011, the ILO adopted Convention No. 189 and Recommendation No. 201 on decent work for domestic workers. Because domestic workers are often excluded from the protection of labour laws or are treated less favourably than other wage workers, implementing the basic principles embodied in Convention No. 189 calls for an assessment and strengthening of national labour laws. With the Convention No. 189 as its underlying framework, this volume provides specific guidelines and complements these with examples drawn from a wide range of existing national labour laws concerning domestic workers. The guide's first part discusses alternative approaches to regulating domestic work, the nature and characteristics of domestic work, the forms of employment relationships that may exist, and their implications for regulation. Subsequent chapters focus on substantive areas of regulation, namely formalizing the employment relationship, working time, remuneration, fundamental principles and rights at work, protection from abuse and harassment, and protection of migrant domestic workers and child domestic workers.

Author : Ulrike Davy,Albert H.Y. Chen
Publisher : Taylor & Francis
Page : 223 pages
File Size : 54,5 Mb
Release : 2022-12-13
Category : Law
ISBN : 9781000801026

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Law and Social Policy in the Global South by Ulrike Davy,Albert H.Y. Chen Pdf

The book is an in-depth study of the origins and the trajectories of the law governing social policies in Brazil, China, India, and South Africa, four middle-income countries in the global South with a history in social policy making that starts in the 1920s. The policies of these countries affect almost half of the world’s population. The book takes the legal framework of the policies as a starting point, but the main interest lies behind the letter of the law: What were the objectives and goals of social policy over the course of the last 100 years? What were the ideas, ideologies, and values pursued by relevant actors? The book comprises four country studies and a comparative study. The country studies concentrate on the political and social context of social policy making in Brazil, China, India, and South Africa as well as on the ideas, ideologies, and values underpinning the constitution, statutory laws, and case law that frame and shape social policy at the national level. The country studies are complemented by a comparative study exploring and describing the commonalities and differences in the ideational approaches to social policies across the four countries, nationally and – in the formative decades – internationally. The comparative study also identifies the characteristics that make Brazilian, Chinese, Indian, and South African social policies distinct from European social policies. With its emphasis on law and drawing on legal scholarship, the book adds a new dimension to the existing accounts on welfare state building, which, so far, are dominated by European narratives and by scholars with a background in sociology, political science, and development studies. This book is relevant to specialists and peers and will be invaluable to those individuals interested in the fields of comparative and international social security law, human rights law, comparative constitutional law, constitutional history, law and development studies, comparative social policies, global social policies, social work, and welfare state theory. The Open Access version of this book, available at www.taylorfrancis.com, has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license.

Author : Bruun, Niklas,Mansala, Marja-Leena
Publisher : Edward Elgar Publishing
Page : 424 pages
File Size : 54,9 Mb
Release : 2021-07-31
Category : Law
ISBN : 9781782547259

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Research Handbook on Intellectual Property and Employment Law by Bruun, Niklas,Mansala, Marja-Leena Pdf

This comprehensive Research Handbook explores the rights of employers and employees with regard to intellectual property (IP) created within the framework of the employment relationship. Investigating the development of employee IP from a comparative perspective, it contextualises issues in the light of theoretical approaches in both IP law and labour law.

Author : Louise Munkholm
Publisher : Bloomsbury Publishing
Page : 192 pages
File Size : 50,6 Mb
Release : 2020-04-30
Category : Law
ISBN : 9781509926398

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Re-Inventing Labour Law Enforcement by Louise Munkholm Pdf

This monograph investigates current issues in labour law enforcement from a socio-legal perspective. It analyses how local Italian enforcement actors promote the protection of workers in Prato – a city that in recent decades has seen a significant influx of Chinese migrants who run small workshops as part of the local clothing industry. Many of the Chinese firms in Prato fail to live up to core labour standards, such as maximum working hours, health and safety at work and payment of social security contributions. The book analyses the strategies and practices employed by three local enforcement actors (labour inspectors, labour unionists and a new type of labour law consultant) in their efforts to assist Chinese firms in improving their level of labour law compliance. Combining documentary, interview and observational data, the book applies theories of legal culture and legal development to address the interaction between law and society. It focuses on the operational aspects of law by asking three interrelated research questions: How do local enforcement actors promote the protection of workers in Chinese firms in Prato? Which tools are employed, and which rationalities drive the initiatives? The book thereby sheds light upon processes of legal cultural adaptation, informing ongoing international and national debates about what can actually be done to combat contemporary gaps in the protection of workers.

Author : Wu Wenfang
Publisher : Taylor & Francis
Page : 197 pages
File Size : 46,8 Mb
Release : 2024-06-14
Category : Law
ISBN : 9781040047972

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China's Professional Employer Association Law by Wu Wenfang Pdf

This book studies the coordination mechanism of labor relations from the perspective of China’s law on employer association. The first part of the book examines the definition, functions, and institutional basis of employer associations in different types of labor relations, focusing on the complementarity between the law and the coordination mechanism of labor relations in the context of different social environments, institutional frameworks, and their different responses to deregulated labor policies. It then reviews the legislation, responsibilities, and institutional guarantees of employer associations in modern China. The second part outlines the current limitations of legal resources in terms of subject matter, participation mechanisms, and participation channels that constrain the coordination of industrial relations by China’s employer associations. The author emphasizes that the systematic legal safeguards of employer associations should be function-oriented and gradually established in a targeted and differentiated manner. The title will appeal to labor and employment law scholars and legislators, and especially to those interested in the law of employer association.

Author : Li Xixia
Publisher : Paths International Ltd
Page : 741 pages
File Size : 48,6 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.

Author : International Labour Office
Publisher : International Labour Organization
Page : 28 pages
File Size : 44,5 Mb
Release : 2010
Category : Foreign workers
ISBN : 9221231038

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Decent Work for Domestic Workers by International Labour Office Pdf

Proposed text for discussion at the 100th session of the Conference slated for June 2011. This is to carry out the decision, made during the 99th session in June 2010, to revisit the topic for a second discussion.

Author : Joan Clarke
Publisher : Unknown
Page : 104 pages
File Size : 44,7 Mb
Release : 1964
Category : Labor
ISBN : UIUC:30112101926456

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Labor Law and Practice in the Trust Territory of New Guinea Under Australian Administration by Joan Clarke Pdf

Author : Eduardo J. Ameglio
Publisher : Kluwer Law International B.V.
Page : 366 pages
File Size : 50,8 Mb
Release : 2004-01-01
Category : Law
ISBN : 9789041122537

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The Actors of Collective Bargaining by Eduardo J. Ameglio Pdf

No one denies that the institution of collective bargaining between workers and employers has been a powerful tool for social dialogue. Without our history of effective collective bargaining there would be no mutual understanding, no industrial peace, no constructive cooperation between social partners. Yet there is a feeling today that this history has drawn to a close; that our post-industrial world demands something different, something our tradition of collective bargaining and collective agreements cannot give us. What information and insight can we gather to verify or challenge this feeling? This was the first major question addressed by the distinguished delegates to the twenty-seventh World Congress of Labour and Social Security Law held at Montevideo, 2'5 September 2003. The aim of the conference was to discover current problems regarding the existing structures and functions of collective bargaining in industrialized countries today'problems readily identifiable in the context of economic globalization, falling union density, the increase in atypical and knowledge-based workers, and the 'tertiarization' or declining economic importance of manufacturing-based industry. This bulletin contains some of the most important papers devoted to this major theme of the conference. It presents twenty national reports, each written by a scholar well-versed in the law and practice of collective bargaining in the country covered. Two introductory reports deal with such general issues as the varying competences of representatives under different legal systems, labor union representation within the public sector, the development of collective bargaining in EC law, the levels and structures of collective bargaining practice, and the widening gap between the relevant legal norms and real situations. The national reports were drafted on the basis of a questionnaire, which appears as an annex. This allows the reader to easily compare the solutions set forth for consideration in the various countries under review. The Actors of Collective Bargaining will be of great value for all practitioners and academics in the field of industrial relations.

Author : World Bank
Publisher : World Bank Publications
Page : 381 pages
File Size : 40,5 Mb
Release : 2021-04-05
Category : Law
ISBN : 9781464816536

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Women, Business and the Law 2021 by World Bank Pdf

Women, Business and the Law 2021 is the seventh in a series of annual studies measuring the laws and regulations that affect women’s economic opportunity in 190 economies. The project presents eight indicators structured around women’s interactions with the law as they move through their lives and careers: Mobility, Workplace, Pay, Marriage, Parenthood, Entrepreneurship, Assets, and Pension. This year’s report updates all indicators as of October 1, 2020 and builds evidence of the links between legal gender equality and women’s economic inclusion. By examining the economic decisions women make throughout their working lives, as well as the pace of reform over the past 50 years, Women, Business and the Law 2021 makes an important contribution to research and policy discussions about the state of women’s economic empowerment. Prepared during a global pandemic that threatens progress toward gender equality, this edition also includes important findings on government responses to COVID-19 and pilot research related to childcare and women’s access to justice.

Author : Ronald C. Brown
Publisher : Cambridge University Press
Page : 571 pages
File Size : 53,7 Mb
Release : 2012-03-05
Category : Law
ISBN : 9781107379480

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East Asian Labor and Employment Law by Ronald C. Brown Pdf

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 played by international labor law as it affects lawyers, business, labor, labor unions and human resource management, and the labor issues that can arise in dealing in EA trade and investment. The text, and the 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).

Author : Weiping Wu,Mark Frazier
Publisher : SAGE
Page : 1639 pages
File Size : 46,9 Mb
Release : 2018-07-09
Category : Political Science
ISBN : 9781526455598

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The SAGE Handbook of Contemporary China by Weiping Wu,Mark Frazier Pdf

Contemporary China is dynamic and complex. Recent dramatic changes in the Chinese economy, society, and environment pose numerous challenges for scholars of China. This Handbook will define contemporary China Studies for the social sciences: investigating how we can best study China; exploring the transformations of contemporary China that inform how we study China; presenting the breadth and depth of the China Studies field; and identify future directions for China Studies. In two volumes, the Handbook situates China Studies in history and context. Each chapter in Part One provides an overview and historiography of how scholars have conceptualized the Chinese state, nation, economy and environment, and analyzes trends in terms of different research approaches, types of sources, and trends in the study of these broad concepts. The next five parts cover substantive themes in China Studies, including economic transformations; politics and government; China as a global actor; urbanization and urban development; and Chinese society. In conclusion, the Handbook draws together critical discussions of emerging issues of transdisciplinary approaches to China Studies, the future of Chinese historical Studies, and the future of China in comparative contexts.

Author : Anonim
Publisher : Cambridge University Press
Page : 313 pages
File Size : 40,7 Mb
Release : 2023-01-19
Category : Law
ISBN : 9781009208482

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The Good Chinese Lawyer by Anonim Pdf

The Good Chinese Lawyer explores the ethical and professional challenges that will confront a law student, and will help them to prepare for life as a lawyer. The book offers principled and pragmatic advice about how to overcome such challenges. It urges readers to examine motives for seeking a career in law, to foster a deep understanding of what it means to be 'good' lawyer, and how to draw on virtue and judgment when difficult choices arise, rather than simply relying on rushed compliance with rules or codes. The Good Chinese Lawyer analyses four important areas of legal ethics – truth and deception, professional secrets, conflicts of interest, and professional competence – and explains the choices that are available when determining a course of moral action. It links theory to practice, and includes many diagrams and scenarios to illustrate ethical concepts and good decision-making.