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
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
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
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
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.
The paper argues that labor contracts between employees and organization includes two facets, i.e. economic contracts and psychological contracts, and along with enterprise competition becoming fierce increasingly and...The paper argues that labor contracts between employees and organization includes two facets, i.e. economic contracts and psychological contracts, and along with enterprise competition becoming fierce increasingly and labor force becoming diversified all the more, the psychological contracts have crucial effects on employees＇ attitudes, behaviors and performances. We also argue that, under the challenging organization context, if managers want to make strategic partnership with employees, they must link employees with hearts, pay attention to the management of psychological contracts before, during and after signing labor contracts, and keep dynamic equilibrium of psychological contracts.展开更多
The Ministry of Foreign Trade andEconomic Cooperation will accelerate theapproval of contract and trade rights forqualified producers,construction companiesand design
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
Since its very release in March 2006, the opinion-soliciting draft of the Labor Contract Law has sparked considerable controversy. Indeed, the whole process of its consideration, promulgation, implementation and amend...Since its very release in March 2006, the opinion-soliciting draft of the Labor Contract Law has sparked considerable controversy. Indeed, the whole process of its consideration, promulgation, implementation and amendment has been accompanied by complex questioning and a diversity of views. This has to some extent reduced appreciation of the value of the Labor Contract Law itself. In the economy and society, rational legal construction can minimize the damage done by the failure of private negotiations. The Labor Contract Law is dedicated to changing the action space of workers and enterprises in order to promote efficiency in production and equity in distribution. With the aim of constructing and developing harmonious and stable labor relations, the law seeks to encourage workers and enterprises to forge communities of shared interests, shared undertakings, a common destiny and a joint mission; it is here that the true value of the law lies. In terms of institutional design, in building a system that categorizes workplace employment, the Labor Contract Law makes a breakthrough in workplace labor relations management and sets up an innovative labor relations management system with Chinese characteristics. Faced with the new normal in labor relations, we should make further progress in strengthening democraticenterprise management, optimizing the developmental environment of business, etc.展开更多
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.
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.
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The paper argues that labor contracts between employees and organization includes two facets, i.e. economic contracts and psychological contracts, and along with enterprise competition becoming fierce increasingly and labor force becoming diversified all the more, the psychological contracts have crucial effects on employees＇ attitudes, behaviors and performances. We also argue that, under the challenging organization context, if managers want to make strategic partnership with employees, they must link employees with hearts, pay attention to the management of psychological contracts before, during and after signing labor contracts, and keep dynamic equilibrium of psychological contracts.
文摘The Ministry of Foreign Trade andEconomic Cooperation will accelerate theapproval of contract and trade rights forqualified producers,construction companiesand design
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Since its very release in March 2006, the opinion-soliciting draft of the Labor Contract Law has sparked considerable controversy. Indeed, the whole process of its consideration, promulgation, implementation and amendment has been accompanied by complex questioning and a diversity of views. This has to some extent reduced appreciation of the value of the Labor Contract Law itself. In the economy and society, rational legal construction can minimize the damage done by the failure of private negotiations. The Labor Contract Law is dedicated to changing the action space of workers and enterprises in order to promote efficiency in production and equity in distribution. With the aim of constructing and developing harmonious and stable labor relations, the law seeks to encourage workers and enterprises to forge communities of shared interests, shared undertakings, a common destiny and a joint mission; it is here that the true value of the law lies. In terms of institutional design, in building a system that categorizes workplace employment, the Labor Contract Law makes a breakthrough in workplace labor relations management and sets up an innovative labor relations management system with Chinese characteristics. Faced with the new normal in labor relations, we should make further progress in strengthening democraticenterprise management, optimizing the developmental environment of business, etc.
