Comment on “The Labor Contract Law, Macro Conditions, Self-Selection, and Labor Market Outcomes for Migrants in China”

Park, Albert

doi:10.1111/aepr.12158

Cited by 6 publications

(6 citation statements)

References 2 publications

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“…We concur with Park (2017) in that there is no reason, in general, to expect LCR to improve all labour market outcomes. Park insisted on a positive correlation between labour contract and social insurance participation because the first is a prerequisite for the second.…”

Section: Estimated Resultssupporting

confidence: 60%

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Labour law reform and labour market outcomes in Vietnam

Nguyen

Dat

et al. 2021

Asia & Pacific Policy Stud

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Although there has been substantial literature on the economic impact of labour legislation in the world, the number of studies related to Vietnam is, surprisingly, very small. Our article provides the first evidence on the link between labour law and various labour market outcomes using the Vietnamese context. We examine how labour supply, earnings and social protection outcomes adjusted to labour contract reform under the 2012 Labour Code. The study uses three waves of the Vietnam Labour Force Survey to examine both medium-term and short-term impacts of the reform. Difference-in-differences and fixed-effect techniques are utilised. Overall, we find that the law change significantly affected hours worked, work absenteeism, monthly allowance and incidence of bonuses among contracted workers. However, the effects on workers' monthly wages, overtime remuneration and other allowances, and the social protection-related outcomes were not clear in the short run.

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Section: Estimated Resultssupporting

confidence: 60%

“…His claim provided support for our results. Also, Park (2017) suggested that EPL does not necessarily raise wages. The wages may be negatively affected if workers incur additional costs of social insurance and severance expenses following the law reform.…”

Section: Estimated Resultsmentioning

confidence: 99%

Labour law reform and labour market outcomes in Vietnam

Nguyen

Dat

et al. 2021

Asia & Pacific Policy Stud

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“…, 2015; Cooney et al. , 2007; Taylor, 2011; Ho, 2009; Meng, 2017; Park, 2017; Perisse, 2017). A more comprehensive protection against dismissal is provided for Chinese employees with LCL.…”

Section: Resultsmentioning

confidence: 99%

“…In Shanghai, the question of labor protection for foreign employees has been gradually getting more attention, partly due to the continuous improvement of China's labor laws, including the labor protection level for Chinese employees through the implementation of the LCL in 2008 (Gallagher et al, 2015;Cooney et al, 2007;Taylor, 2011;Ho, 2009;Meng, 2017;Park, 2017;Perisse, 2017). A more comprehensive protection against dismissal is provided for Chinese employees with LCL.…”

Section: Exclusions Of the Application Of The Lcl In Shanghaimentioning

confidence: 99%

Legal framework for the protection of foreign employees in China

Luo

2022

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PurposeThis study aims to examine the adequate application of rights and protections granted to employees under labor laws and regulations to foreign employees working in China.Design/methodology/approachThe authors analyzed applicable laws, regulations and related literature on the employment of foreigners in China and employed quantitative and qualitative methods to scrutinize the features of labor disputes involving foreign employees, to assess claims of inconsistencies. A group of judges and labor arbitrators were also interviewed.FindingsThe inconsistencies between Chinese immigration and labor laws, and between applicable laws and court enforcement, result in a considerable gap in employment protection for foreign employees. They have grown over the last two decades, in a changing legal environment of labor protection and labor market for foreigners.Research limitations/implicationsThis study focused on documented foreign employees' labor litigations from 2017 to 2020 in people's courts in China's five most economically developed regions. Future studies could cover a wider geographic territory and labor disputes of undocumented foreign employees to provide an even more comprehensive picture of the challenges and potential solutions.Practical implicationsThe inconsistency between immigration and labor law regarding employment protection for documented foreign employees requires legal clarification and regulation to ensure equal employment protection of both Chinese and foreign employees.Originality/valueThere are limited studies using empirical data from different regions in China to document and understand the gap between the statutory labor protections and the labor protection granted to foreign employees in law as well as in court practice.

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“…In particular, litigated remuneration disputes have almost doubled nationally from 87,494 in 2014 to 150,711 in 2017. Researchers and local authorities, including labour arbitration and People's Courts, have confirmed a similar upward trend in various regions (Li and Freeman, 2015;Meng, 2017;Park, 2017;Perisse, 2017;Wang et al, 2016;Zhou, 2014).…”

Section: Critics Of the Legislationmentioning

confidence: 85%

Juridification in Chinese Labour Law: a cautionary tale of remuneration disputes

Dong

2019

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Purpose The purpose of this paper is to examine the post-enactment status of China’s Labour Contract Law and Labour Dispute Mediation and Arbitration Law, focusing on the dramatic rise in remuneration litigation amidst much criticism of weak or ineffective implementation of these laws. Design/methodology/approach This paper deploys both quantitative and qualitative analysis methods to investigate the features of remuneration litigation. Remuneration judgments by Beijing People’s Courts from 1 January 2014 to 31 December 2017 provide the primary empirical data. The intrinsic features of remuneration disputes are investigated to delineate subcategories of claims. Several judges were also interviewed to further explore the nature of remuneration disputes. Findings Four types of remuneration claims were identified: regular wage, minimum wage, overtime and others (including subsidies and welfare). Examination of these four types, especially how they are processed until concluded by court adjudication, provides a fuller picture of the post-enactment status of these laws and yields objective and rational findings. To explain the continuing steady rise in the volume of remuneration claims, as more workers have knowledge of their rights and access to the courts, this study identifies an increase in the number of factually complicated cases (e.g. overtime claims) and abmiguity in the relevant law, leaving some remuneration disputes difficult, if not impossible, to adjudicate. Conversely, the study also finds significant positive trends following these laws’ enactment, particularly a reduction in straightforward cases, such as disputes concerning non-payment of wages/minimum wages, on which the law is clear. It is evidently imperative to improve the clarity of the current laws through further legislation, as the most appropriate next step in China’s juridification process of developing its own rule of Labour Law. Research limitations/implications This study is purposely limited to examining remuneration litigation in Beijing’s courts from 2014 to 2017, which is representative of the national trend of dramatically rising remuneration disputes, and thus provides valuable insights. Future studies should cover a wider geographic territory and other categories of labour disputes to provide an even more comprehensive picture of the challenges and potential solutions. Practical implications By understanding the driving factors of rising labour remuneration disputes, the legislature, workers and employers can act accordingly to curb labour conflicts. The growing complexity and technicality of remuneration litigation indicates that the pressing need of labour juridification is to deploy a subtle, comprehensive method to improve legal clarity and judicial professionalism. Originality/value This study uniquely divides the types of remuneration litigation in Beijing, adopting methods and yielding findings absent from the prior literature. Both the progress and challenges in China’s rule of Labour Law process are reflected in this work, together with public policy and theoretical implications for further study.

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Comment on “The Labor Contract Law, Macro Conditions, Self-Selection, and Labor Market Outcomes for Migrants in China”

Cited by 6 publications

References 2 publications

Labour law reform and labour market outcomes in Vietnam

Labour law reform and labour market outcomes in Vietnam

Legal framework for the protection of foreign employees in China

Juridification in Chinese Labour Law: a cautionary tale of remuneration disputes

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