ILO Fundamental Conventions and Chinese Labor Law: From a Comparative Perspective

In this article, through a comparative study between ILO fundamental Conventions and Chinese labor law, the writer points out several problems and shortcomings embodied in Chinese labor law. This article analyzes the status of Chinese trade unions and questions their ability to protect the interests of the Chinese working class. As for collective bargaining, the writer reviews the relevant Chinese labor law and discovers the reasons for the ineffectiveness of the collective bargaining system in China. In the case of forced labor, the writer critically evaluates three kinds of forced labor in today?s China. With regard to child labor, according to a review on relevant legislations, the writer points out certain internal legislation as contradictory. As far as discrimination with regard to employment and occupation is concerned, after a general overview on related ILO conventions and Chinese legislation, the writer focuses on employment based on social origin in China, using a case study on Chinese farmer workers. In the writer\u27s understanding, as a vulnerable group, farmer workers have not received enough attention and special protection from Chinese labor legislation

Review of Understanding Labor and Employment Law in China, by Ronald C.Brown

Any attempt to analyze China’s comprehensive labor reform over the past three decades faces at least two dilemmas. First, the analyst must confront the task of describing how the Chinese state has dismantled the “work unit” (or danwei)- based “iron rice bowl” employment and entitlements system, replacing that comforting but low-production employment and social security scheme with formally-proclaimed legal rights and institutions apparently designed to protect employees in a functioning labor market. Second, the analyst must track how the state’s commitment (at all levels of government) to implementation of proclaimed legal and institutional protections has waxed and waned, based upon two China-specific factors: (i) the age-old dysfunction between formallyproclaimed legal norms and concrete application of those norms generally, or against superior political or economic power specifically; and (ii) the ongoing deference to a national development policy that puts accelerating economic growth before legal, civil and political rights (where achieved growth is meant to complement the appearance of rule of law in ensuring political stability and some measure of the “harmonious society”)

Disability in the Workplace in China: Situation Assessment

A compelling argument can be made that employment of people with disabilities should be gaining recognition as an underutilized weapon in the talent wars of Asia. One has only to look at the proportion of people with disabilities that make up our communities, the continuing employment disparities that people with disabilities continue to face and the resulting high levels of poverty for this population – up against the talent shortages in fast-growth markets across the region. As China’s skewed demographic dynamics become increasingly apparent, resulting in a rapidly aging population and a diminishing supply of workforce entrants, an increasing share of the workforce will include older employees with disabilities, necessitating a fundamental change in workplace practices involving people with disabilities, as well as a greater need to look at persons with disabilities as a potential source of talent. Although China has created a broad legislative framework to protect the right to work for persons with disabilities, it lacks specificity and clear measures of enforcement, as evidenced in continued employment marginalization, poor educational outcomes, and thus higher poverty levels of persons with disabilities. To further understanding of workforce inclusion of persons with disabilities in China, and to identify practical ways forward for employers, The Conference Board China Center and the K. Lisa Yang and Hock E. Tan Institute on Employment and Disability (YTI) at Cornell University’s ILR School partnered to explore how companies can tap the talent pool of people with disabilities and improve their employment outcomes. The scope of the research encompassed a series of interviews with disability rights-focused NGOs in China, a detailed literature review, a comprehensive review of China’s regulatory framework supporting employment for persons with disabilities, and a detailed assessment of the demographics of disability and the status of people with disabilities in China such as prevalence rates, access to education, employment disparities and resulting poverty and household income rates. This report draws from the broader research findings and provides business practitioners with an overview of the current situation, challenges, and root causes of employment barriers for persons with disabilities in China. To complement this work, The China Center and YTI convened a practitioner roundtable in Beijing in September 2018. Participants explored in detail how the official, publicly available data on living and working conditions of persons with disabilities compare to actual experiences of employers in China, whether companies are actively recruiting disabled workers, what the internal and external obstacles are to recruitment, and what the impact of the government quota system is, for good or for bad. A separate report on this roundtable is also availabl

COMPARATIVE LAW AND THE PROCESS OF DE-JURIDIFICATION: THE JOINT-EMPLOYMENT LAW CASE IN LABOUR LAW

The process of de-juridification is, in some respects, ambiguous and paradoxical. While in certain areas, we see a proliferation of detailed legislative regulations, in others, we detect tendencies pointing in the opposite direction. One of the most interesting cases is that of labor law, where both tendencies emerge. Recent reforms in many European countries show a trend towards a relaxation of rules, inspired by the aim to stimulate growth in employment. In this context, the newly-introduced concept of \u201cjoint employment\u201d plays a pivotal role. The process of de-juridification clearly invests labor law, in particular within enterprise networks, where arrangements under joint employment seem to give the parties of a commercial contract the highest standard of contractual freedom. This social phenomenon is not therefore regulated by detailed legislative provisions, but simply through non-specific norms inspired by general goals. In considering several recent reforms of labor law in European countries, in this paper, we aim to determine the real level of de-juridification currently present within traditionally rigid legislative system

Logics of Action, Globalization, and Employment Relations Change in China, India, Malaysia, and the Philippines

A logic of action framework is developed in order to conceptualize and understand the impact of globalization on employment relations, as well as to predict the future trajectory of employment relations. The argument is that the interplay between three different logics of action, i.e., the logic of competition, the logic of industrial peace, and the logic of employment-income protection determines the employment relations pattern in any given nation. The strengths of the logics themselves are determined by five often related factors, i.e., economic development strategy, the intensity of globalization, union strength, labor market features and government responsiveness to workers. Drawing on extensive field research on national policies and workplace practices in India, China, the Philippines and Malaysia, we show support for our framework. We find that ER patterns are reflect different combinations of logic strengths, that globalization\u27s impact on employment relations is not only complex, but contingent, and we suggest that long term convergence in employment relations is unlikely given variations in the combinations of logic strengths in different countries, and changes in logic strengths over time

Assessment Report 2012 s.Oliver Group, China AA0000000137

This document is part of a digital collection provided by the Martin P. Catherwood Library, ILR School, Cornell University, pertaining to the effects of globalization on the workplace worldwide. Special emphasis is placed on labor rights, working conditions, labor market changes, and union organizing.FLA_2012_s_Oliver_Group_AR_China_AA0000000137.pdf: 11 downloads, before Oct. 1, 2020

ILR Faculty Research in Progress, 2016-2017

The production of scholarly research continues to be one of the primary missions of the ILR School. During a typical academic year, ILR faculty members published or had accepted for publication over 25 books, edited volumes, and monographs, 170 articles and chapters in edited volumes, numerous book reviews. In addition, a large number of manuscripts were submitted for publication, presented at professional association meetings, or circulated in working paper form. Our faculty's research continues to find its way into the very best industrial relations, social science and statistics journals.ResearchinProgress_2016_17.pdf: 38 downloads, before Oct. 1, 2020

Assessment Report 2012 H&M, China AA0000000137

This document is part of a digital collection provided by the Martin P. Catherwood Library, ILR School, Cornell University, pertaining to the effects of globalization on the workplace worldwide. Special emphasis is placed on labor rights, working conditions, labor market changes, and union organizing.FLA_2012_H_M_AR_China_AA0000000137.pdf: 118 downloads, before Oct. 1, 2020