Book Review

Book review of "Labor Arbitration: A Practical Guide for Advocates" edited by M. Zimney, W. Dolson, and C. Barreca (Washington, D.C.: BNA, 1990)

Harmonizing Labor Standards for Global Integration

ABSTRACT Professor Ron Brown University of Hawai‘i Law School LLRN Conference Amsterdam Track 3: Friday June 26 16:45-18:15 ©June 26, 2015 ASEAN: Harmonizing Labor Standards for Global Integration ASEAN is an emerging entity which has the potential to be one of the largest economies and markets in the world. If ASEAN were one economy, it would be seventh largest in the world with a combined gross domestic product (GDP) of $2.4 trillion in 2013, the fourth largest by 2050 if growth trends continue; with its over 600 million people, and with a potential market larger than the European Union or North America, next to the People\u27s Republic of China and India; Examining the ASEAN goal of becoming a region fully integrated into the global economy, this paper looks at what steps have already been taken by ASEAN and its member states to integrate into the global community through ratification of ILO labor standards, participation in Free Trade Agreements (FTAs) with social dimension provisions on labor, including TPP, RCEP, P-4, FTAAP, and domestic implementation of international labor standards. In search of a platform for harmonizing the labor policies and laws of ASEAN members in coordination with international labor standards, this paper will examine the guiding documents of ASEAN, its commitments to ILO labor standards, and its progress on its expressed goals to achieve higher labor standards within ASEAN. Also discussed are possible models for harmonization and steps to be taken toward nurturing the development of the currently divergent labor laws in ASEAN

Chinese "Workers without Benefits"*

Millions of workers in China are not afforded the rights and benefits of its labor and employment laws and thus are not "workers with benefits." China's labor reforms and worker "safety net" have come so far in the past 30 years, producing "workers with benefits." Why are there still millions of workers in the urban sector who do not have the protections of these labor and employment law reforms, who are the "workers without benefits," falling outside the labor safety net? They have been called precarious,1 atypical, irregular, contingent, and include casual, temporary, part-time, dispatch, and workers called subcontractors and independent contractors, which may include construction workers, students, domestic workers, and the many other workers in informal employment relationships. They fall outside the legal protections of the labor laws; or, they may be covered, but excluded or exempted or misclassified. This situation of precarious workers occurs not only in China, but globally, and it has not gone unnoticed by the International Labour Organization (ILO).' Labor laws in China began in earnest in 1994 with the Labor Law, which defined labor rights and obligations in somewhat general terms, with local regulations sometimes more specifically supplementing them. This was followed in subsequent years with more specific labor rights and benefit laws, including for workers health and safety, work-related injuries, unemployment insurance, and other social security benefit laws. These laws are tied into and for the benefit of workers in the employment relationship of a labor contract. Outside this relationship is a contract for labor services, which is not eligible for the benefits of the labor laws, but rather is dealt with under the contract law, as a contract of employment, such as an independent con

Measuring China's Social Insurance Law under International Standards of International Labour Organization and Influences of Social Dimension Provisions of Free Trade Agreements and Bilateral Investment Treaties

This article analyses China's new Social Insurance Law and its treatment of foreigners in an international context. First discussed is the International Labour Organization (ILO) Convention 102 establishing standards and requirements for social security regimes. Second, other international obligations that may implicate additional social security obligations are dealt with, looking at free trade agreements and bilateral investment treaties. This is followed by an outline of the highlights of China's new Social Security Law and its obligations placed on foreign nationals. Also, some of the domestic issues of implementation are also identified. The fourth section compares China's new social security provisions with those of other developed countries, including Germany, South Korea, US, and Japan. Finally, based on the above, analysis of the compatibility of China's new law is made under ILO Convention 102

FTA's in Asia-Pacific: "Next Generation" of Social Dimension Provisions on Labor

Recent years have brought a proliferation of Free Trade Agreements ("FTA"),j bilateral and multilateral, often regional, with even larger ones being negotiated, such as the European Union ("EU") and United States ("U.S.") Transatlantic Trade and Investment Partnership (TTIP) and the Transpacific Partnership (TPP). The Asia Pacific Economic Cooperation ("APEC") forum members recently discussed plans to "phase out regional free trade agreements" (or supplement them) in favor of creating a singular Free Trade Agreement Asia Pacific ("FTAAP"), covering much of the Asia Pacific Region