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
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
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 Ministry of Foreign Trade andEconomic Cooperation will accelerate theapproval of contract and trade rights forqualified producers,construction companiesand design
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.
Initial labor market conditions affect how individuals build their human capital and look for jobs and thus can have long-term effects on their income levels,work performance,and career development.Based on data from ...Initial labor market conditions affect how individuals build their human capital and look for jobs and thus can have long-term effects on their income levels,work performance,and career development.Based on data from the Urban Household Survey(UHS)of urban households in China from 1986 to 2009,we perform an empirical test of how initial labor market conditions affect the employability of individuals.Our research shows that people’s future incomes suffer if they start out in an adverse job market.Each percentage point of increase in the unemployment rate at an individual’s entry into the labor market is associated with a two-percentage-point drop in his or her average annual income.Even after looking at different parts of the job market and sample groups,this conclusion still holds.In the context of global economic instability,our findings may assist government policymakers in addressing adverse labor market conditions.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
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 Ministry of Foreign Trade andEconomic Cooperation will accelerate theapproval of contract and trade rights forqualified producers,construction companiesand design
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supported by the General Project of the National Natural Science Fund of China(NSFC)“China’s Labor Market Matching Efficiency and Economic Effects”(Grant No.71973015)the Major Project of the National Social Science Fund of China(NSSFC)“Study on Enhancing Employment Priority for Stable Job Growth”(Grant No.21ZDA098).
文摘Initial labor market conditions affect how individuals build their human capital and look for jobs and thus can have long-term effects on their income levels,work performance,and career development.Based on data from the Urban Household Survey(UHS)of urban households in China from 1986 to 2009,we perform an empirical test of how initial labor market conditions affect the employability of individuals.Our research shows that people’s future incomes suffer if they start out in an adverse job market.Each percentage point of increase in the unemployment rate at an individual’s entry into the labor market is associated with a two-percentage-point drop in his or her average annual income.Even after looking at different parts of the job market and sample groups,this conclusion still holds.In the context of global economic instability,our findings may assist government policymakers in addressing adverse labor market conditions.
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.