The Impact of the 2008 Labor Contract Law on Labor Disputes in China

Remington, Thomas F.; Cui, Xiao Wen

doi:10.1017/s1598240800009371

Cited by 18 publications

(9 citation statements)

References 30 publications

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“…Responding to growing concerns about the lack of clear regulations that protect workers’ well-being, the government took action in the late 2000s to improve the situation. In 2008, for example, the government introduced a series of new laws and regulations, including Labour Contract Law, Employment Promotion Law , and Labour Disputes Mediation and Arbitration Law , that aimed to create more equitable labour rights and standards for different employment types and provide better protection to those in nonstandard employment (Cooke, 2011b; Remington and Cui, 2015). The main objective of these laws and regulations in the area of nonstandard employment is to improve employment conditions, offer better employment protection and provide more comprehensive guidance than the 1994 Labour Law.…”

Section: Literature Reviewmentioning

confidence: 99%

Nonstandard Employment and Job Satisfaction across Time in China: Evidence from the Chinese General Social Survey (2006–2012)

Nawakitphaitoon

Tang

2020

Work, Employment and Society

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This study examines the association of nonstandard employment with job satisfaction over time in China. An analysis is carried out using the Chinese General Social Survey (CGSS), a large cross-sectional survey that collected data from over 3000 workers across different industries, ownership types and regions in China in 2006, 2008 and 2012. The empirical results show that in 2006, nonstandard employment workers, on average, were less satisfied with their jobs than their counterparts in standard employment, all else being equal. However, these differences in job satisfaction became very small and insignificant in 2008 and 2012. The results from the propensity score matching exercise provide a similar conclusion. These findings suggest that improvements in regulations and employment relations in China have increased job satisfaction for nonstandard employment workers.

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Section: Literature Reviewmentioning

confidence: 99%

Nonstandard Employment and Job Satisfaction across Time in China: Evidence from the Chinese General Social Survey (2006–2012)

Nawakitphaitoon

Tang

2020

Work, Employment and Society

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“…Written Contract: China and Russia require that the employment relationship is formalized in a written document that is signed by the employee and the employer (Brown, 2010;Filipova, 2016;Remington & Cui, 2015;Yang, 2017).…”

Section: Differences In Protections and Benefits For Workersmentioning

confidence: 99%

Comparison of Labor Laws in China, Russia, and the US

Posthuma¹

2020

BLR

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This article compares labor laws in China, Russia, and the US. It demonstrates how mimetic isomorphic tendencies and general principles of fairness such as equality, equity, and need may have resulted in similarities in the labor laws across all 3 countries. However, it is also shown that unique cultural, social, and historical factors have created significant differences in these labor laws. Understanding these differences will inform policy makers and business leaders.

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“…The new body of labour legislation was forecast by many to strengthen workers' legal rights. In particular, the LCL marked a milestone in rebalancing power between employer and employees (Chen and Funke, 2009;Cooney, 2007;Freedland, 2007;Remington and Cui, 2015), while the LDMAL embodied government efforts to extend and enforce legal protection for workers by updating the dispute settlement mechanism (Ho, 2010;Pope, 2010;Tsai and Tien, 2010;Williams, 2005). The recent development of Labour Law is regarded as the central party seeking to promote the ideal of "harmonious society" (Gallagher, 2014;Wang et al, 2009).…”

Section: Critics Of the Legislationmentioning

confidence: 99%

“…Third, the LDMAL specifically cuts costs for workers by providing a free labour arbitration service (Article 53), and reduces "red tape" by introducing a non-appealable arbitration mechanism for small economic claims (including remuneration) (Articles 47). It, thereby, stresses the need to promote and provide accessible justice to workers (Remington and Cui, 2015).…”

Section: Introductionmentioning

confidence: 99%

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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The Impact of the 2008 Labor Contract Law on Labor Disputes in China

Cited by 18 publications

References 30 publications

Nonstandard Employment and Job Satisfaction across Time in China: Evidence from the Chinese General Social Survey (2006–2012)

Nonstandard Employment and Job Satisfaction across Time in China: Evidence from the Chinese General Social Survey (2006–2012)

Comparison of Labor Laws in China, Russia, and the US

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

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