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
Interpretation(I)of the Supreme People’s Court of Issues Concerning the Application of Law in the Trial of Labor Dispute Cases allows for the application of pertinent laws and regulations,including the Civil Code of ...Interpretation(I)of the Supreme People’s Court of Issues Concerning the Application of Law in the Trial of Labor Dispute Cases allows for the application of pertinent laws and regulations,including the Civil Code of the People’s Republic of China(hereinafter referred to as the“Civil Code”),in labor dispute cases.This has resolved the controversy over the relationship between civil law and labor law in academic and practical communities.In view of this development,we examined four hundred judicial documents,analyzing the focal points of disputes,the reasoning behind judgments,applicable laws,and judgment results.Our study identified seven impacts of the Contract Book of the Civil Code on labor dispute trial practices,exploring the underlying logic behind these changes and proposing policy suggestions to promote consistent judgments across jurisdictions,enhance judicial credibility,and encourage employers to govern enterprises in compliance with the law while empowering employees to safeguard their rights in accordance with relevant laws and regulations.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
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 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
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
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
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 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Interpretation(I)of the Supreme People’s Court of Issues Concerning the Application of Law in the Trial of Labor Dispute Cases allows for the application of pertinent laws and regulations,including the Civil Code of the People’s Republic of China(hereinafter referred to as the“Civil Code”),in labor dispute cases.This has resolved the controversy over the relationship between civil law and labor law in academic and practical communities.In view of this development,we examined four hundred judicial documents,analyzing the focal points of disputes,the reasoning behind judgments,applicable laws,and judgment results.Our study identified seven impacts of the Contract Book of the Civil Code on labor dispute trial practices,exploring the underlying logic behind these changes and proposing policy suggestions to promote consistent judgments across jurisdictions,enhance judicial credibility,and encourage employers to govern enterprises in compliance with the law while empowering employees to safeguard their rights in accordance with relevant laws and regulations.
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.
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.
