The Level Of Protection Provided By Chinese Labour Law
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| Author | : Sergio M Moccia |
| Publisher | : Igel Verlag |
| Total Pages | : 101 |
| Release | : 2008-08 |
| Genre | : Law |
| ISBN | : 3868150455 |
AsienThis work describes the Chinese Labour Law and traces back the sources of the Chinese Labour Law regulations. In the first section, the German Labour Law and some of the most important clauses are explained. In further sections, the Chinese Labour Law itself and its coherent development, the main landmarks and the similarities to the German Labour Law, with its Romanist Tradition, are reflected. In particular the situation of the unions and their influence on management polices are named. Further more, this work displays the current situation in the Chinese corporate world and its relation towards the Chinese Labour Law. With the elaboration of three chosen cases, this thesis highlights the enforcement level and the core aspects of Chinese Labour Law that are frequently violated within Chinese joint-ventures and their partners from abroad, either from Asian or Western developed nations. In addition, this work focuses on the situation in Taiwan and Hong Kong in respect to their Labour Law systems and gives a brief overview over their core aspects and its future perspective and likelihood to keep its sovereignty under the increasing influence of China mainland. One of the main aspects is discussed in the sections dealing with the New Chinese Labour Law of 2007 and its upcoming implementation on the 1st of January 2008. Issues concerning the development and core improvements are evaluated and precisely explained. Further more, the ramifications and main changes that are likely to emerge in the near future will be discussed. This work will also shed some light on the reactions of the work force in China and multinationals in general. The fears and hopes that go hand in hand with the implementation of the new draft. Last but not least, this work will give proposals and suggestion to German and Western companies how to deal with labour law related issues that are planning to enter this viable and fast growing market. Moreover, it will give an overview over the main aspects in terms of Chinese Labour Law regulations that should be considered in order to establish a successful business in the People’s Republic of China.
| Author | : United States |
| Publisher | : |
| Total Pages | : 1146 |
| Release | : 2013 |
| Genre | : Law |
| ISBN | : |
"The United States Code is the official codification of the general and permanent laws of the United States of America. The Code was first published in 1926, and a new edition of the code has been published every six years since 1934. The 2012 edition of the Code incorporates laws enacted through the One Hundred Twelfth Congress, Second Session, the last of which was signed by the President on January 15, 2013. It does not include laws of the One Hundred Thirteenth Congress, First Session, enacted between January 2, 2013, the date it convened, and January 15, 2013. By statutory authority this edition may be cited "U.S.C. 2012 ed." As adopted in 1926, the Code established prima facie the general and permanent laws of the United States. The underlying statutes reprinted in the Code remained in effect and controlled over the Code in case of any discrepancy. In 1947, Congress began enacting individual titles of the Code into positive law. When a title is enacted into positive law, the underlying statutes are repealed and the title then becomes legal evidence of the law. Currently, 26 of the 51 titles in the Code have been so enacted. These are identified in the table of titles near the beginning of each volume. The Law Revision Counsel of the House of Representatives continues to prepare legislation pursuant to 2 U.S.C. 285b to enact the remainder of the Code, on a title-by-title basis, into positive law. The 2012 edition of the Code was prepared and published under the supervision of Ralph V. Seep, Law Revision Counsel. Grateful acknowledgment is made of the contributions by all who helped in this work, particularly the staffs of the Office of the Law Revision Counsel and the Government Printing Office"--Preface.
| Author | : Yuwen Li |
| Publisher | : Routledge |
| Total Pages | : 214 |
| Release | : 2019-11-11 |
| Genre | : Business & Economics |
| ISBN | : 1000704890 |
This book provides an original and critical analysis of the most contentious subjects being negotiated in the China–EU Comprehensive Agreement on Investment (CAI). It focuses on the pathway of reforming investor-state dispute settlement (ISDS) from both Chinese and European perspectives in the context of the China–EU CAI and beyond. The book is divided into three parts. Part I examines key and controversial issues of the China–EU CAI negotiations, including market access, sustainable development and human rights, as well as comparing distinct features between the China–EU CAI and the China–US BIT. Part II concentrates on the institutional reform of investor-state arbitration with an extensive analysis of the EU’s approach to replacing the private nature of investment arbitration with the public nature of an investment court. Part III addresses the core substantive and procedural issues concerning ISDS, such as the role of domestic courts in investment dispute settlement, the status of state-owned enterprises (SOEs) as investors, transparency and the protection of victims in investment dispute resolution. This book will be of interest to scholars and practitioners in the field of international investment and trade law, particularly investment dispute settlement.
| Author | : Sean Cooney |
| Publisher | : Routledge |
| Total Pages | : 210 |
| Release | : 2013 |
| Genre | : Business & Economics |
| ISBN | : 0415674077 |
China's economic reforms have brought the country both major international clout and widespread domestic prosperity. At the same time, the reforms have led to significant social upheaval, particularly manifest in labour relations. Each year, several thousand disputes break out over working conditions, many of them violent, and the Chinese state has responded with both legal and political strategies. This book investigates how Chinese governments have used law, and other forms of regulation, to govern working conditions and combat labour disputes. Starting from the early years of the Republican period, the book traces the evolution of the law of work in modern China right up to the reforms of the present day. It considers the structure of Chinese work law, drawing on both Chinese and Western scholarship to provide new insights into its unique features and assess where the law is innovative and where it is stagnant and unresponsive. The authors explore the various legal and extra-legal techniques successive Chinese governments have adopted to enforce work law and the responses of firms, workers and organizations to these practices.
| Author | : Ronald C. Brown |
| Publisher | : Cambridge University Press |
| Total Pages | : 349 |
| Release | : 2009-10-12 |
| Genre | : Law |
| ISBN | : 1139482017 |
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.
| Author | : Malte Luebker |
| Publisher | : |
| Total Pages | : 0 |
| Release | : 2013 |
| Genre | : Business & Economics |
| ISBN | : 9789221252733 |
This publication sheds light on the magnitude of domestic work, a sector often "invisible" behind the doors of private households and unprotected by national legislation.The adoption of new international labour standards on domestic work (Convention No. 189 and its accompanying Recommendation No. 201) by the ILO at its 100th International Labour Conference in June 2011 represents a key milestone on the path to the realisation of decent work for domestic workers. This volume presents national statistics and new global and regional estimates on the number of domestic workers. It shows that domestic workers represent a significant share of the labour force worldwide and that domestic work is an important source of wage employment for women, especially in Latin America and Asia. It also examines the extent of inclusion or exclusion of domestic workers from key working conditions laws. In particular, it analyses how many domestic workers are covered by working time provisions, minimum wage legislation and maternity protection. The results demonstrate that under current national laws, substantial gaps in protection still remain. The volume concludes with a summary of the main findings and a reflection on the relevance of the newly adopted international standards to extend legal protection to domestic workers.
| Author | : Ngoc Son Bui |
| Publisher | : Taylor & Francis |
| Total Pages | : 517 |
| Release | : 2022-12-29 |
| Genre | : Law |
| ISBN | : 1000800571 |
The Handbook of Constitutional Law in Greater China surveys important issues of constitutional law in Mainland China, Hong Kong, Macau, and Taiwan. It synthesizes existing scholarship, debates, and views on important constitutional issues in the four jurisdictions. Written by a range of scholars, it contributes to both national and comparative scholarship on constitutional law in these jurisdictions. The book includes four parts: Part I: History. This part explores the constitutional movement of the Qing dynasty; constitutional projects in modern China; and aspects of the drafting and implementation history of the Hong Kong and Macau Basic Laws Part II: Structure. This part discusses the relationship between the party-state and the Chinese constitutional order; Chinese constitutionalism; constitutional aspects of city development under the SAR concept; constitutional review in Mainland China; a history of Taiwan’s ‘Council of Grand Justices’; and judicial review in both Hong Kong and Macau Part III: Rights, Society, and Economy. This part deals with Hong Kong’s National Security Law and its impact on the ‘one country, two systems model’; social movements and constitutionalism; LGBT rights advocacy; the integration of capitalist regions within socialist China; the constitutional relevance of labour reforms in Mainland China; healthcare rights in both the Mainland and the SARS; and foreign investment under Art. 18 of the PRC Constitution Part IV: Transnational Engagement. This part surveys comparative writings on China’s constitution; the influence of international human rights treaties on China’s constitutional order; the international dimension of Hong Kong’s constitutional order; and the changing role of the ‘overseas judges’ in Hong Kong Exploring both historical and cutting-edge constitutional issues, this reference book is important reading for law researchers, lawyers, graduate students, undergraduates, and practitioners in the field of constitutional law and politics in Mainland China, Taiwan, Hong Kong, and Macau.
| Author | : Jenny Chan |
| Publisher | : Haymarket Books |
| Total Pages | : 214 |
| Release | : 2020-06-02 |
| Genre | : Political Science |
| ISBN | : 1642592048 |
Suicides, excessive overtime, and hostility and violence on the factory floor in China. Drawing on vivid testimonies from rural migrant workers, student interns, managers and trade union staff, Dying for an iPhone is a devastating expose of two of the world’s most powerful companies: Foxconn and Apple. As the leading manufacturer of iPhones, iPads, and Kindles, and employing one million workers in China alone, Taiwanese-invested Foxconn’s drive to dominate global electronics manufacturing has aligned perfectly with China’s goal of becoming the world leader in technology. This book reveals the human cost of that ambition and what our demands for the newest and best technology means for workers. Foxconn workers have repeatedly demonstrated their power to strike at key nodes of transnational production, challenge management and the Chinese state, and confront global tech behemoths. Dying for an iPhone allows us to assess the impact of global capitalism’s deepening crisis on workers.’
| Author | : Luyao Che |
| Publisher | : Springer |
| Total Pages | : 231 |
| Release | : 2019-03-14 |
| Genre | : Law |
| ISBN | : 9811358389 |
This book explores the legal implications of China’s state-directed economic model for the existing international economic order. It first reveals the close links between the market and the state in contemporary China by profiling an emerging triple role of the state in the economy. It then explores how the domestic legal system underpins the distinctive market-state relationship, before analysing whether essential norms of international economic law, which bracket the international economic order, are able to adapt to China’s innovative market-state relationship. The book argues that the international economic order is inherently limited since it tends to adhere to an orthodox dichotomy, with a clear boundary between the market and the state. It also suggests that China’s new state-market relationship has challenged the dichotomy – the state does not intend to eliminate the functioning of the market but, conversely, utilises a market mechanism and makes itself more integrated into the market. Lastly the book proposes a fresh perspective to comprehend the ‘market-state’ question, which does not to take for granted that all market-state relationships are mutually exclusive.
| Author | : Song, Ligang |
| Publisher | : ANU Press |
| Total Pages | : 336 |
| Release | : 2019-07-10 |
| Genre | : Business & Economics |
| ISBN | : 1760463124 |
The Chinese Economic Transformation, the 19th volume in the China Update book series, provides an opportunity for young economists to share their views on various issues relating to the Chinese economic transformation. More than half of the contributors to this book are female scholars. Some of the contributors are rising stars in the studies of the Chinese economy and economic transition, and some only recently received their PhDs and are on their way to establishing themselves in the field of China studies. But they have one thing in common: to passionately observe, study and research what is going on in the Chinese economic transformation during the reform period; and, by so doing, make contributions to the policy debates on, and general understanding of, the Chinese economy. The chapters in this volume include an in-depth probe into challenges in capital and credit allocation due to financial friction and policy distortions; investigating the causes of growth slow-down in China and suitable policy responses; the evolution of the household registration system and its impact on off-farm employment and the integration of rural and urban labour markets; the growth, scale and characteristics of nonstandard employment; the development of rural e-commerce and its economic impact; innovation performance of listed enterprises in China; financial services liberalisation and its impact on firms’ performance; financing support schemes for small and medium-sized enterprises (SMEs) and the effect on banks’ credit allocation to SMEs; the potential costs of US–China trade conflict and ways to mitigate them; gender income gap in China’s labour market; causes of blockage of Chinese overseas direct investment and strategies to reduce the probability of encountering obstacles; and the role of state capital in the iron ore boom in Australia. The great variety of topics in this year’s Update allows readers to understand the current shape of the Chinese economy and to think deeply about policies and necessary reforms for future growth and development.
