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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.
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.
This publication sheds light on the magnitude of domestic work, a sector often "invisible" behind the doors of private households and unprotected by national legislation.The adoption of new international labour standards on domestic work (Convention No. 189 and its accompanying Recommendation No. 201) by the ILO at its 100th International Labour Conference in June 2011 represents a key milestone on the path to the realisation of decent work for domestic workers. This volume presents national statistics and new global and regional estimates on the number of domestic workers. It shows that domestic workers represent a significant share of the labour force worldwide and that domestic work is an important source of wage employment for women, especially in Latin America and Asia. It also examines the extent of inclusion or exclusion of domestic workers from key working conditions laws. In particular, it analyses how many domestic workers are covered by working time provisions, minimum wage legislation and maternity protection. The results demonstrate that under current national laws, substantial gaps in protection still remain. The volume concludes with a summary of the main findings and a reflection on the relevance of the newly adopted international standards to extend legal protection to domestic workers.
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.
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.
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.
Seventeen in a series of annual reports comparing business regulation in 190 economies, Doing Business 2020 measures aspects of regulation affecting 10 areas of everyday business activity.
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.
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.