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Understanding Labor And Employment Law In China

Author: Ronald C. Brown
Publisher: Cambridge University Press
ISBN: 0521191483
Size: 69.73 MB
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Continued economic prosperity in China and its international competitive advantage have been due in large part to the labor of workers in China, who for many years toiled in underregulated workplaces. More recently, labor law reforms have been praised for their progressive measures and, at the same time, blamed for placing too many economic burdens on companies, especially those operating on the margins, which in some cases have caused business failures. This, combined with the global downturn and the millions of displaced and unemployed Chinese migrant laborers, has created ongoing debate about the labor laws. Meanwhile, the Chinese Union has organized many of the Global Fortune 500 companies, and a form of collective bargaining is occurring. Workers are pursuing their legal labor rights in increasing numbers. This book provides a clear overview of the labor and employment law environment in China and its legal requirements, as well as practices under these laws used to deal with labor issues.

The China Employment Law Guide

Author: Grace Yang
Publisher: TCKPublishing.com
ISBN: 9781631610417
Size: 56.72 MB
Format: PDF, Docs
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The China Employment Law Guide addresses various key China labor and employment issues all employers (especially foreign companies doing business in China) and employees (especially expats seeking a job or working in China) need to address or understand. It provides practical and easy-to-understand answers to China labor and employment questions from hiring through firing and nearly all things in between. For example, it addresses the issues China employers constantly confront on matters ranging from what they need to consider in drafting their employment contracts, what should go into a China-centric employer set of rules and regulations and why such a document is essential at all, how to hire, how to fire, overtime, vacation time, pregnancy leave, probation terms, employee benefits, and even lifetime employment. Perhaps most importantly, it confronts head on the many myths Western companies have about China employment laws and discusses how those myths can cause so many problems. This book consists mostly of blog posts and articles my colleagues and I have authored over the years on our award-winning China Law Blog. We do our best to make these articles (and this book) as concise and readable as possible because to provide our readers with accessible legal and practical answers that work in the real world. Unless absolutely necessary, this means we do not go into the weeds in citing and explaining China's employment rules and regulations, but we instead lay out clear paths forward for dealing with real-life employment law issues and problems. China's labor and employment laws are complex and local and constantly evolving, and so in many cases, we write not so much to provide the right answers for your specific situation, but to arm you with the right questions you must ask to get the right answers.

East Asian Labor And Employment Law

Author: Ronald C. Brown
Publisher: Cambridge University Press
ISBN: 1107018331
Size: 12.93 MB
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This book deals with international labor and employment law in the East Asia Region (EA), particularly dealing with China, South Korea, and Japan. It explores and explains the effects of globalization and discusses the role of international lawyers, business personnel, and human resource directors who are knowledgeable, culturally sensitive, and understand the issues that can arise when dealing in EA trade and investment. The text and readings (from area experts) are organized and written to provide the reader with, first, a broad understanding and insight into the global dimensions of the fast-emerging area of labor and employment issues (e.g., global legal standards and their interplay with domestic and foreign laws); and second, to show how these laws and approaches play out in specific EA countries (comparing global approaches with the specific laws of each country on four common agenda items: regulatory administration, workers' rights, trade unions, and dispute resolution). The book should be of interest not only to lawyers, students, human resource personnel, and government officials, but also to business investors, managers, and members of the public interested in the growing phenomenon of changing labor laws and societies in China, South Korea, and Japan.

Labor Law In China

Author: Zengyi Xie
Publisher: Springer
ISBN: 3662469294
Size: 42.75 MB
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​The primary aim of this book is to help readers understand the development of the theory and practice of labor law in China, and to familiarize them with major advances and remaining challenges in this field. The author also puts forward suggestions on how to improve labor law in China on the basis of an analysis of key problems and comparative study. The book can also serve as a useful guide, allowing HR experts at companies with Chinese employees or doing business in China to better understand Chinese labor law and regulations. It covers a broad range of labor law issues, including the meaning of labor relations, definition of the employee and employer, the duties of employers and employees, anti-discrimination, labor dispatch, minimum wage, termination of labor contracts, work injury insurance, labor inspections and labor dispute resolution.

Against The Law

Author: Ching Kwan Lee
Publisher: Univ of California Press
ISBN: 0520250974
Size: 51.46 MB
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This powerful study opens a critical perspective on the slow death of socialism and the rebirth of capitalism in the world's most dynamic and populous country. Based on remarkable fieldwork and extensive interviews in Chinese textile, apparel, machinery, and household appliance factories, Against the Law dissects the world of Chinese workers today and finds a rising tide of labor unrest mostly hidden from the world's attention. Intense working-class agitation is being spurred by massive unemployment of Mao's socialist proletariat in the northern rustbelt and by the exploitation of millions of young workers in the southern sunbelt. Providing a broad comparative political and economic analysis of the vast mosaic of this labor struggle together with unprecedented fine-grained ethnographic detail, the book portrays the multi-faceted humanity of the Chinese working class as their stories unfold in bankrupt state factories and global sweatshops, in crowded dormitories and remote villages, at heroic moments of street protests as well as in quiet disenchantment with the corrupt officialdom and the fledgling legal system.

A New Deal For China S Workers

Author: Cynthia Estlund
Publisher: Harvard University Press
ISBN: 0674973321
Size: 47.19 MB
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China’s leaders aspire to the prosperity, political legitimacy, and stability that flowed from America’s New Deal, but they are irrevocably opposed to the independent trade unions and mass mobilization that brought it about. Cynthia Estlund’s crisp comparative analysis makes China’s labor unrest and reform legible to Western readers.

Hegemonic Transformation

Author: Elaine Sio-ieng Hui
Publisher: Springer
ISBN: 1137504293
Size: 12.17 MB
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This book contends that the Chinese economic reform inaugurated since 1978 has been a top-down passive revolution, in Gramsci’s term, and that after three decades of reform the role of the Chinese state has been changing from steering the passive revolution through coercive tactics to establishing capitalist hegemony. It illustrates that the labour law system is a crucial vehicle through which the Chinese party-state seeks to secure the working class’s consent to the capitalist class’s ethno-political leadership. The labour law system has exercised a double hegemonic effect with regards to the capital-labour relations and state-labour relations through four major mechanisms. However, these effects have influenced the Chinese migrant workers in an uneven manner. The affirmative workers have granted active consent to the ruling class leadership; the indifferent, ambiguous and critical workers have only rendered passive consent while the radical workers has refused to give any consent at all.

Insurgency Trap

Author: Eli Friedman
Publisher: Cornell University Press
ISBN: 0801470501
Size: 28.95 MB
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During the first decade of the twenty-first century, worker resistance in China increased rapidly despite the fact that certain segments of the state began moving in a pro-labor direction. In explaining this, Eli Friedman argues that the Chinese state has become hemmed in by an “insurgency trap” of its own devising and is thus unable to tame expansive worker unrest. Labor conflict in the process of capitalist industrialization is certainly not unique to China and indeed has appeared in a wide array of countries around the world. What is distinct in China, however, is the combination of postsocialist politics with rapid capitalist development. Other countries undergoing capitalist industrialization have incorporated relatively independent unions to tame labor conflict and channel insurgent workers into legal and rationalized modes of contention. In contrast, the Chinese state only allows for one union federation, the All China Federation of Trade Unions, over which it maintains tight control. Official unions have been unable to win recognition from workers, and wildcat strikes and other forms of disruption continue to be the most effective means for addressing workplace grievances. In support of this argument, Friedman offers evidence from Guangdong and Zhejiang provinces, where unions are experimenting with new initiatives, leadership models, and organizational forms.

Chinese Commercial Law

Author: Maarten Roos
Publisher: Kluwer Law International B.V.
ISBN: 9041132546
Size: 57.37 MB
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The rapid and continuing development of the Chinese economy and its markets has made business with China an integral component of the strategies of countless foreign companies, regardless of their size or form. However, in order to turn opportunities into successful enterprises, managers need a practical guide on the legal aspects of conducting business in China, and on the strategies for effectively circumventing unnecessary risks while simultaneously using the legal system to strengthen operations and protect interests. This remarkable book provides the necessary insight and guidance to devise a corporate strategy, and to tackle issues relating to common aspects of doing business with Chinese counterparts, investing in a Chinese enterprise, and engaging in business operations there. Drawing on expertise gained during eight years in China serving the legal needs of foreign companies, the author shows how many of the mistakes that foreign companies make can easily be avoided by conducting a proper due diligence and understanding how applicable laws work in practice. He clearly describes the opportunities and pitfalls exposed as a foreign investor engages with such elements of business in China as the following: negotiating a detailed written contract; performing a legal and commercial due diligence on a prospective partner; resolving disputes through negotiation, arbitration or litigation; establishing and enforcing trademarks, patents and other intellectual property rights; investing in China; considering the joint venture structure; expanding through a merger or acquisition; restructuring or liquidating an operation; designing and implementing effective corporate governance; retaining, managing and terminating employees; arranging funds into and out of China; ensuring both tax efficiency and tax compliance; and avoiding criminal liabilities in the course of doing business. Whether seeking to source from China or to establish manufacturing facilities in China to produce for export, to sell products or services on the domestic market, or even just to act as a conduit between China and the outside world, business managers and their counsel from all over the globe and across all industries will benefit enormously from this deeply informed, insightful, and practical guide