Adozen experts of law gathered on April 1, 2003 to share their views on protection of the workers’ right to remuneration for their work in accordance with the Labor Law of the People’s Republic of China. That took p...Adozen experts of law gathered on April 1, 2003 to share their views on protection of the workers’ right to remuneration for their work in accordance with the Labor Law of the People’s Republic of China. That took place at a seminar jointly sponsored by the Human Rights and the Beijing-based Democracy and Law magazines and the Branch of Labor and Social Security Laws of the Beijing Society of Law. Participants were from the All-China Federation of Trade Unions,展开更多
Asymposium was held August 19-21 to celebrate the 10th anniversary of the adoption of the Labor Law of the People’sRepublic of China. More than 180 experts attended the symposium organized by the Labor and Social Sec...Asymposium was held August 19-21 to celebrate the 10th anniversary of the adoption of the Labor Law of the People’sRepublic of China. More than 180 experts attended the symposium organized by the Labor and Social Security Branch of the Beijing Law Society. They were from some of China’s leading universities, as展开更多
The Law of the People's Republic of China on Employment Contracts has stoked wide concern across China.One of the focuses of debate is on termination costs.Utilizing an enterprise attitude survey,this article disc...The Law of the People's Republic of China on Employment Contracts has stoked wide concern across China.One of the focuses of debate is on termination costs.Utilizing an enterprise attitude survey,this article discusses the impact of the law on termination costs and employment behavior of China's enterprises.The research shows that the law has different impacts on enterprises of varied ownerships and scales.The law,while giving rise to higher termination costs for enterprises,urges them to take diversified measures to adjust their human resources.展开更多
Tens of millions of small businesses, including countless individually run businesses, are operating in China. Hampered by their scale and limited job creation capacity, China＇s small businesses need a more flexible ...Tens of millions of small businesses, including countless individually run businesses, are operating in China. Hampered by their scale and limited job creation capacity, China＇s small businesses need a more flexible approach to employment. In fact, their small size and their lack of technical expertise and standardized management mean that these small businesses find it hard to operate in strict compliance with labor laws in the way larger businesses do. Some other countries and regions tend to give preferential treatment to small businesses, exempting them from some of the provisions of labor law. China could consider changing the ＂one size fits all＂ provisions of its labor law to give preferential treatment to small businesses with regard to terminating employment contracts, drawing up regulations, signing contracts, and anti-discrimination in employment requirements.展开更多
Chapter III Employment Contracts and Collective Agreements Article 21 Labor contracts can stipulate a probationtionary periodwhich shall be not longer than six months. Article 22 The parties to a labor contract can st...Chapter III Employment Contracts and Collective Agreements Article 21 Labor contracts can stipulate a probationtionary periodwhich shall be not longer than six months. Article 22 The parties to a labor contract can stipulate in thecontract such matters as keeping commercial secrets. Article 23 Labor contracts shall be terminated on the展开更多
Chapter X Labor Disputes Article 77 According to law,labor disputes arising be-tween employers and employees may be resolved by meansof mediation.arbitration,litigation and also settlement throughconsultation. The pri...Chapter X Labor Disputes Article 77 According to law,labor disputes arising be-tween employers and employees may be resolved by meansof mediation.arbitration,litigation and also settlement throughconsultation. The principle of mediation shall be applied to arbitrationand litigation procedure. Article 78 In settling labor disputes the principles oflegitimacy,fairness and timeliness shall be followed in展开更多
Chapter Ⅵ Occupational Safety and Health Article 52 Employers shall establish and perfect the laborsafety and health care systems, strictly implement the laborsafety and health care health regulations and standards ...Chapter Ⅵ Occupational Safety and Health Article 52 Employers shall establish and perfect the laborsafety and health care systems, strictly implement the laborsafety and health care health regulations and standards ofthe State, carry out labor safety and health care educationamong their employees and do their best to prevent accidentsat work and reduce workplace hazards.展开更多
Labor Contract Law receives mixed evaluations since its implementation.The call for the amendment is hot and even some scholars regard it as the"tiger in the road"which hinders the economic development. The ...Labor Contract Law receives mixed evaluations since its implementation.The call for the amendment is hot and even some scholars regard it as the"tiger in the road"which hinders the economic development. The Central Committee of the Communist Party of China pays high attention to the construction of harmonious labor relation and the amendment has been a top priority. Labor Contract Law leads to two"deadlocks"of which the entrepreneurs are afraid. The first one is that the non-fixed term labor contract cannot be cancelled and the second one is that they must pay the economic compensation at the expiration of contract. These two rules hinder the employment enthusiasm of entrepreneurs. The current laws have excessive expectation for the non-fixed term labor contract and too strict regulations; as for the economic compensation at the expiration of contract, it increases the enterprise cost. The amendment of these two articles will benefit the recovery of Chinese economy and make the labor relation more harmonious.展开更多
1.Introduction On January 1,2008,the Labor Contract Law of the People's Republic of China(LCL)became effective,resulting in wide- spread changes in labor policy for all companies and other af- fected organizations...1.Introduction On January 1,2008,the Labor Contract Law of the People's Republic of China(LCL)became effective,resulting in wide- spread changes in labor policy for all companies and other af- fected organizations.As is the case with legislating in China, many details were left for resolution in implementing regulations,展开更多
Using micro-level data from China Employer-Employee Survey(CEES), this paper conducts an empirical analysis of firms' heterogeneous characteristics in the implementation of the Labor Contract Law and its effects o...Using micro-level data from China Employer-Employee Survey(CEES), this paper conducts an empirical analysis of firms' heterogeneous characteristics in the implementation of the Labor Contract Law and its effects on employees. Our findings are as follows: With China's economic development, firms more proactively implement the Labor Contract Law, resulting in a higher percentage of employees with labor contracts. Labor contracts significantly increase the probability of employees in receiving social insurances, such as pension, health, unemployment, work injury and birth insurances, and have a significantly positive effect on wage income. Longer term of labor contract corresponds to stronger employment protection, and such an effect is highly robust. Larger firms with higher capital-labor ratios have better results in implementing the Labor Contract Law. And employees of private and labor-intensive firms have poorer coverage of employment and social protection; such firms should be given focal attention in the law's implementation.展开更多
China's State Council,the country's Cabinet,issued an implementation regulation for Labor Contract Law on September 18 in an effort to clarify confusion surrounding the law.
There are so many different opinions on whether the autonomy of will is applied in labor contract.In this paper,the author discusses the application and limitation of autonomy of will in labor contract,and puts forwar...There are so many different opinions on whether the autonomy of will is applied in labor contract.In this paper,the author discusses the application and limitation of autonomy of will in labor contract,and puts forward some suggestions on the application of Article 43 of Law of the Application of Law for Foreign-related Civil Relationships after the introduction of Chinese legislation of the applicable law of labor contract.Autonomy of will is a useful principle in resolving disputes arising from foreign-related labor contract in China.展开更多
The new labor contract law has exerted an unprecedented impact on manufacturing industry that has been progressing at much cheaper labor cost over years. The fact is the workers are not born cheap, they are made less ...The new labor contract law has exerted an unprecedented impact on manufacturing industry that has been progressing at much cheaper labor cost over years. The fact is the workers are not born cheap, they are made less costly without necessary welfares by some factory owners who often go to extreme to run sort of "sweatshop", as often reported by local and western media. The new labor rules could not possibly liberate all those sufferers.展开更多
EDITOR＇S NOTE： The Draft Labor Contract Law of the People＇s Republic of China has been completed and was published for soliciting comments on March 20. In a short period of one month, 191,849 pieces of comments and...EDITOR＇S NOTE： The Draft Labor Contract Law of the People＇s Republic of China has been completed and was published for soliciting comments on March 20. In a short period of one month, 191,849 pieces of comments and opinions were received. Prior to the promulgation of the law, this reporter interviewed Mr. Guan Huai, a noted Chinese expert in labor law, professor of the Law School of the Renmin University of China and law advisor to the All-China Federation of Trade Unions.展开更多
The reasons why labor standards law has not been enacted so far include the unreadiness of entrepreneurs and enterprises as well as legislators and the market. It is a great challenge for legislators because they need...The reasons why labor standards law has not been enacted so far include the unreadiness of entrepreneurs and enterprises as well as legislators and the market. It is a great challenge for legislators because they need to focus on the coordination of relationship between central and local labor standards legislation,on special problems of sectors or industries,on coordination of special industries and general industries. in addition to many other historical factors. The introduction of labor standards legislation must be based on a good familiarity of current situation and international labor standards,the frequent points of labor disputes in China,and the specific characteristics of different regions and industries,which is also the mission and responsibility of the legislators.展开更多
Contract labor is one of several terms, which are widely used to describe work arrangements, which do not fall within the traditional definition of employment. Contracting out services and getting employees through co...Contract labor is one of several terms, which are widely used to describe work arrangements, which do not fall within the traditional definition of employment. Contracting out services and getting employees through contractors have become widespread practice by many employers because it helps them to cut cost since these contractors could often supply these workers more cheaply and efficiently. Labor rights and standards are sometimes seen as sacrificial lambs on the altar of competitive edge by companies due to the perception that they constitute ＂costs＂ which if eliminated or reduced to the barest minimum, will impact positively on the ability of companies to compete favorably in the global market and consequent improvement of their balance sheets, to the joy of shareholders. Contract work is increasingly becoming the norm in Nigeria＇s oil and gas industry as companies undergo restructuring, concentration on core activities and modifications in work organization and technology. These factors certainly affect traditional employment relations and the exercise of freedom of association and collective bargaining rights inherent in them. Contract workers now make up about 60% of the workforce in the industry and they are denied the right to organize into Unions. The denial of this right has resulted in exploitation of these workers. This paper seeks to examine the adequacy of labor law governing trade unionism in Nigeria in ensuring the right of contract workers to freedom of association, as well as its conformity to international labor standards. It is argued that Nigerian labor laws need to be enforced to ensure that this category of workers benefits from this right. In addition a proposal is made for a law reform which will define contract labor and provide a legal framework for the regulation and protection of contract workers in Nigeria in order to guarantee their right to unionize and enable them to improve their rights at work.展开更多
文摘Adozen experts of law gathered on April 1, 2003 to share their views on protection of the workers’ right to remuneration for their work in accordance with the Labor Law of the People’s Republic of China. That took place at a seminar jointly sponsored by the Human Rights and the Beijing-based Democracy and Law magazines and the Branch of Labor and Social Security Laws of the Beijing Society of Law. Participants were from the All-China Federation of Trade Unions,
文摘Asymposium was held August 19-21 to celebrate the 10th anniversary of the adoption of the Labor Law of the People’sRepublic of China. More than 180 experts attended the symposium organized by the Labor and Social Security Branch of the Beijing Law Society. They were from some of China’s leading universities, as
基金this research is sponsored by Sino-British Zhuoyue Program under China Scholarship Council(CSC)
文摘The Law of the People's Republic of China on Employment Contracts has stoked wide concern across China.One of the focuses of debate is on termination costs.Utilizing an enterprise attitude survey,this article discusses the impact of the law on termination costs and employment behavior of China's enterprises.The research shows that the law has different impacts on enterprises of varied ownerships and scales.The law,while giving rise to higher termination costs for enterprises,urges them to take diversified measures to adjust their human resources.
文摘Tens of millions of small businesses, including countless individually run businesses, are operating in China. Hampered by their scale and limited job creation capacity, China＇s small businesses need a more flexible approach to employment. In fact, their small size and their lack of technical expertise and standardized management mean that these small businesses find it hard to operate in strict compliance with labor laws in the way larger businesses do. Some other countries and regions tend to give preferential treatment to small businesses, exempting them from some of the provisions of labor law. China could consider changing the ＂one size fits all＂ provisions of its labor law to give preferential treatment to small businesses with regard to terminating employment contracts, drawing up regulations, signing contracts, and anti-discrimination in employment requirements.
文摘Chapter III Employment Contracts and Collective Agreements Article 21 Labor contracts can stipulate a probationtionary periodwhich shall be not longer than six months. Article 22 The parties to a labor contract can stipulate in thecontract such matters as keeping commercial secrets. Article 23 Labor contracts shall be terminated on the
文摘Chapter X Labor Disputes Article 77 According to law,labor disputes arising be-tween employers and employees may be resolved by meansof mediation.arbitration,litigation and also settlement throughconsultation. The principle of mediation shall be applied to arbitrationand litigation procedure. Article 78 In settling labor disputes the principles oflegitimacy,fairness and timeliness shall be followed in
文摘Chapter Ⅵ Occupational Safety and Health Article 52 Employers shall establish and perfect the laborsafety and health care systems, strictly implement the laborsafety and health care health regulations and standards ofthe State, carry out labor safety and health care educationamong their employees and do their best to prevent accidentsat work and reduce workplace hazards.
基金Projects of the National Social Science Foundation of China“research on the response of the labor standard under new normal for the group hostility between capital and labor”(15BGL184)
文摘Labor Contract Law receives mixed evaluations since its implementation.The call for the amendment is hot and even some scholars regard it as the"tiger in the road"which hinders the economic development. The Central Committee of the Communist Party of China pays high attention to the construction of harmonious labor relation and the amendment has been a top priority. Labor Contract Law leads to two"deadlocks"of which the entrepreneurs are afraid. The first one is that the non-fixed term labor contract cannot be cancelled and the second one is that they must pay the economic compensation at the expiration of contract. These two rules hinder the employment enthusiasm of entrepreneurs. The current laws have excessive expectation for the non-fixed term labor contract and too strict regulations; as for the economic compensation at the expiration of contract, it increases the enterprise cost. The amendment of these two articles will benefit the recovery of Chinese economy and make the labor relation more harmonious.
文摘1.Introduction On January 1,2008,the Labor Contract Law of the People's Republic of China(LCL)became effective,resulting in wide- spread changes in labor policy for all companies and other af- fected organizations.As is the case with legislating in China, many details were left for resolution in implementing regulations,
文摘Using micro-level data from China Employer-Employee Survey(CEES), this paper conducts an empirical analysis of firms' heterogeneous characteristics in the implementation of the Labor Contract Law and its effects on employees. Our findings are as follows: With China's economic development, firms more proactively implement the Labor Contract Law, resulting in a higher percentage of employees with labor contracts. Labor contracts significantly increase the probability of employees in receiving social insurances, such as pension, health, unemployment, work injury and birth insurances, and have a significantly positive effect on wage income. Longer term of labor contract corresponds to stronger employment protection, and such an effect is highly robust. Larger firms with higher capital-labor ratios have better results in implementing the Labor Contract Law. And employees of private and labor-intensive firms have poorer coverage of employment and social protection; such firms should be given focal attention in the law's implementation.
文摘China's State Council,the country's Cabinet,issued an implementation regulation for Labor Contract Law on September 18 in an effort to clarify confusion surrounding the law.
文摘There are so many different opinions on whether the autonomy of will is applied in labor contract.In this paper,the author discusses the application and limitation of autonomy of will in labor contract,and puts forward some suggestions on the application of Article 43 of Law of the Application of Law for Foreign-related Civil Relationships after the introduction of Chinese legislation of the applicable law of labor contract.Autonomy of will is a useful principle in resolving disputes arising from foreign-related labor contract in China.
文摘The new labor contract law has exerted an unprecedented impact on manufacturing industry that has been progressing at much cheaper labor cost over years. The fact is the workers are not born cheap, they are made less costly without necessary welfares by some factory owners who often go to extreme to run sort of "sweatshop", as often reported by local and western media. The new labor rules could not possibly liberate all those sufferers.
文摘EDITOR＇S NOTE： The Draft Labor Contract Law of the People＇s Republic of China has been completed and was published for soliciting comments on March 20. In a short period of one month, 191,849 pieces of comments and opinions were received. Prior to the promulgation of the law, this reporter interviewed Mr. Guan Huai, a noted Chinese expert in labor law, professor of the Law School of the Renmin University of China and law advisor to the All-China Federation of Trade Unions.
基金a staged achievement of the project of The National Social Science Fund of China,“A study on how labor standards respond to collective clash between capital and labor under the new normal”(15BGL184)。
文摘The reasons why labor standards law has not been enacted so far include the unreadiness of entrepreneurs and enterprises as well as legislators and the market. It is a great challenge for legislators because they need to focus on the coordination of relationship between central and local labor standards legislation,on special problems of sectors or industries,on coordination of special industries and general industries. in addition to many other historical factors. The introduction of labor standards legislation must be based on a good familiarity of current situation and international labor standards,the frequent points of labor disputes in China,and the specific characteristics of different regions and industries,which is also the mission and responsibility of the legislators.
文摘Contract labor is one of several terms, which are widely used to describe work arrangements, which do not fall within the traditional definition of employment. Contracting out services and getting employees through contractors have become widespread practice by many employers because it helps them to cut cost since these contractors could often supply these workers more cheaply and efficiently. Labor rights and standards are sometimes seen as sacrificial lambs on the altar of competitive edge by companies due to the perception that they constitute ＂costs＂ which if eliminated or reduced to the barest minimum, will impact positively on the ability of companies to compete favorably in the global market and consequent improvement of their balance sheets, to the joy of shareholders. Contract work is increasingly becoming the norm in Nigeria＇s oil and gas industry as companies undergo restructuring, concentration on core activities and modifications in work organization and technology. These factors certainly affect traditional employment relations and the exercise of freedom of association and collective bargaining rights inherent in them. Contract workers now make up about 60% of the workforce in the industry and they are denied the right to organize into Unions. The denial of this right has resulted in exploitation of these workers. This paper seeks to examine the adequacy of labor law governing trade unionism in Nigeria in ensuring the right of contract workers to freedom of association, as well as its conformity to international labor standards. It is argued that Nigerian labor laws need to be enforced to ensure that this category of workers benefits from this right. In addition a proposal is made for a law reform which will define contract labor and provide a legal framework for the regulation and protection of contract workers in Nigeria in order to guarantee their right to unionize and enable them to improve their rights at work.
