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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.
"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"--
This book explores the diversity and dynamism of China’s workplaces and of the wider labour market experiences of its workforce. Drawing on the authors’ extensive recent research, it considers a diverse range of issues and types of workplaces. These changes include: the continuing spread of market-oriented human resource management across public and private sector organisations; greater employment rights for workers; local diversity in regulatory control alongside the governmental priority of a ‘harmonious society’; persistent shortages of skilled labour co-existing with vast underemployment amongst the unskilled; uneven access to education and training across regions; and changes in union behaviour and influence. Unlike other studies - which tend to assume changes to management, work and employment are relatively uniform across modernising parts of the economy - this book conveys the rich variety among contemporary China’s local labour markets by looking at them, and the institutions that influence them, from the bottom-up. It focuses on other under-explored but emerging phenomena such as family-owned firms, the role of private services businesses, and the emergence of employer associations.
This book involves a variety of aspects and levels, including the diachronic and synchronic dimensions. Law profoundly affects our daily lives, but its language and culture can at times be nearly impossible to understand. As a comparative study of Chinese and Western legal language and legal culture, this book investigates the similarities and differences of both sides and identifies their respective advantages and disadvantages. Accordingly, it considers both social and cultural functions, and both theoretical and practical values. Firstly, the book addresses the differences, that is, the basic frameworks and disparities between the Chinese and Western legal languages and legal cultures. Secondly, it explores relevant changes over time, that is, the historical evolution and the basic driving forces that were at work before the Chinese and Western legal languages and cultures “met.” Lastly, the book elaborates on their fusion, that is, the conflicts and changes in Chinese and Western legal languages and cultures in China in the modern era, as well as the introduction, transplantation and transformation of Western legal culture.
Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of the law of business formations in China provides quick and easy guidance on a variety of corporate and partnership considerations such as mergers, rights and duties of interested parties, stock exchange rules, labour laws, and takeovers. Lawyers who handle transnational business will appreciate the explanation of local variations in terminology and the distinctive concepts that determine practice and procedure. A general introduction covering historical background, definitions, sources of law, and the effect of international private law is followed by a discussion of such aspects as types of formation, capital, shares, management, control, liquidation, mergers, takeovers, holding companies, subsidiaries, and taxation. Big companies, various types of smaller entities, and partnerships are all covered in turn. These details are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance. Thorough yet practical, this convenient volume puts the information necessary for corporations to compete effectively at the user’s fingertips. An important and practical tool for business executives and their legal counsel interested in engaging in an international partnership or embarking on corporate expansion, this book will prove a valuable time-saving tool for business and legal professionals alike. Lawyers representing parties with interests in China will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative business law.
Derived from the renowned multi-volume International Encyclopaedia of Laws, this monograph on China not only describes and analyses the legal aspects of labour relations, but also examines labour relations practices and developing trends. It provides a survey of the subject that is both usefully brief and sufficiently detailed to answer most questions likely to arise in any pertinent legal setting. Both individual and collective labour relations are covered in ample detail, with attention to such underlying and pervasive factors as employment contracts, suspension of the contracts, dismissal laws and covenant of non-competition, as well as international private law. The author describes all important details of the law governing hours and wages, benefits, intellectual property implications, trade union activity, employers’ associations, workers’ participation, collective bargaining, industrial disputes, and much more. Building on a clear overview of labour law and labour relations, the book offers practical guidance on which sound preliminary decisions may be based. It will find a ready readership among lawyers representing parties with interests in China, and academics and researchers will appreciate its value in the study of comparative trends in laws affecting labour and labour relations.
This book presents a comprehensive analysis of the similarities and differences of contemporary human resource management systems, processes and practices in the two increasingly important economic great powers in Asia. It covers the full range of human resource management activities, including recruitment, retention, performance management, renumeration, and career development, discusses changing industrial relations systems, and sets the subject in its historical, social and cultural contexts. It examines newly emerging strategies, and asssesses the extent to which human resource management systems in the two countries are coverging or diverging.
Whither Chinese management? The Middle Kingdom has come a long way since the economic reforms were introduced after 1978. As ownership has opened up and has become more fragmented, the state-owned firms no longer dominate the scene, nor does their management model. Managing has also become more complex and diversified, as well as more professional. This book asks what the next steps are likely to be and will assess the current directions in which Chinese managers are developing, as its economy slows down in the face of global uncertainty. It aims to update previous works in the field covering business and management in these countries. It covers a wide range of topics, including banking, competition, employee satisfaction, expatriates, industrial relations, HRM, organization, SMEs, social responsibility, strategic sourcing, trust and so on. The book also asks in which future directions management may be moving in this important part of the international economy. The authors are all experts in their fields and are all based in universities and business schools in countries such as Australia and the UK, among others. The work is aimed at undergraduate and postgraduate students in business administration especially those on MBA programmes, as well as those studying development economics, management studies and related courses, including lecturers in those subjects. This book was published as a special issue of Asia Pacific Business Review.
This book provides a clear overview of the labor and employment law environment in China and its legal requirements.
This book focuses on the history of the provision of legal aid and legal assistance to the poor in the nineteenth and twentieth centuries in eight different countries. It is the first such book to bring together historical work on legal aid in a comparative perspective, and allows readers to analogise and contrast historical narratives about free legal aid across countries. Legal aid developed as a result of industrialisation, urbanization, immigration, the rise of philanthropy, and what were viewed as new legal problems. Closely related, was the growing professionalisation of lawyers and the question of what duties lawyers owed society to perform free work. Yet, legal aid providers in many countries included lay women and men, leading at times to tensions with the bar. Furthermore, legal aid often became deeply politicized, creating dramatic conflicts concerning the rights of the poor to have equal access to justice.