Article 4 of the Labor Contract Law lays down the right of the Staff and Workers＇ Representative Congress （SWRC） to deliberate on the formulation of （intra-enterprise） work regulations, but this has become a ＂s...Article 4 of the Labor Contract Law lays down the right of the Staff and Workers＇ Representative Congress （SWRC） to deliberate on the formulation of （intra-enterprise） work regulations, but this has become a ＂soft＂ law in judicial practice. The judicial criteria for judging the validity of work regulations are in essence determined by the judge＇s judgment on their reasonableness. As an important embodiment of Chinese politics, economics and culture, the transformation of the SWRC that accompanied the market economy has not negated its value as an indigenous traditional resource. The SWRC does not just enjoy deliberative rights in the formation of regulations, as clearly specified in constitutional law, but also has rights under the law in local legislation and practice. Hence the system of work regulations is neither a unilateral decision on the part of management nor a contract, but rather an autonomous norm developed through the SWRC mechanism. Given the mandatory nature of Article 4 of the Labor Contract Law, regulations will only be valid after they havegone through a democratic process. The further development of the theory of normative system formation should endow the SWRC with greater rights and integrate it smoothly with the collective contract system to standardize collective labor relations.展开更多
Democratic management, a unique union-based form of employee participation in China, is seldom studied in the employee participation literature. This paper investigates the associations between employees＇ perceived d...Democratic management, a unique union-based form of employee participation in China, is seldom studied in the employee participation literature. This paper investigates the associations between employees＇ perceived democratic management effectiveness, employee job performance and organizational citizenship behavior （OCB）, using 988 matching surveys of both workers and their supervisors in a state-owned petrochemical firm from the central region of China. We find that our measure of an employee＇s perception of democratic management effectiveness is positively associated with an employee＇s job performance and organizational citizenship behavior. However, the association between perceived democratic management effectiveness and employee performance is negative if the employee is a dispatch worker. Our interpretation of the findings suggests that an employee＇s perception of democratic management effectiveness is a source of employee performance.展开更多
文摘Article 4 of the Labor Contract Law lays down the right of the Staff and Workers＇ Representative Congress （SWRC） to deliberate on the formulation of （intra-enterprise） work regulations, but this has become a ＂soft＂ law in judicial practice. The judicial criteria for judging the validity of work regulations are in essence determined by the judge＇s judgment on their reasonableness. As an important embodiment of Chinese politics, economics and culture, the transformation of the SWRC that accompanied the market economy has not negated its value as an indigenous traditional resource. The SWRC does not just enjoy deliberative rights in the formation of regulations, as clearly specified in constitutional law, but also has rights under the law in local legislation and practice. Hence the system of work regulations is neither a unilateral decision on the part of management nor a contract, but rather an autonomous norm developed through the SWRC mechanism. Given the mandatory nature of Article 4 of the Labor Contract Law, regulations will only be valid after they havegone through a democratic process. The further development of the theory of normative system formation should endow the SWRC with greater rights and integrate it smoothly with the collective contract system to standardize collective labor relations.
文摘Democratic management, a unique union-based form of employee participation in China, is seldom studied in the employee participation literature. This paper investigates the associations between employees＇ perceived democratic management effectiveness, employee job performance and organizational citizenship behavior （OCB）, using 988 matching surveys of both workers and their supervisors in a state-owned petrochemical firm from the central region of China. We find that our measure of an employee＇s perception of democratic management effectiveness is positively associated with an employee＇s job performance and organizational citizenship behavior. However, the association between perceived democratic management effectiveness and employee performance is negative if the employee is a dispatch worker. Our interpretation of the findings suggests that an employee＇s perception of democratic management effectiveness is a source of employee performance.
