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.
China’s leaders aspire to the prosperity, political legitimacy, and stability that flowed from America’s New Deal, but they are irrevocably opposed to the independent trade unions and mass mobilization that brought it about. Cynthia Estlund’s crisp comparative analysis makes China’s labor unrest and reform legible to Western readers.
This study opens a critical perspective on the slow death of socialism and the rebirth of capitalism in the world's most dynamic and populous country. Based on remarkable fieldwork and extensive interviews in Chinese textile, apparel, machinery, and household appliance factories, Against the Law finds a rising tide of labor unrest mostly hidden from the world's attention. Providing a broad political and economic analysis of this labor struggle together with fine-grained ethnographic detail, the book portrays the Chinese working class as workers' stories unfold in bankrupt state factories and global sweatshops, in crowded dormitories and remote villages, at street protests as well as in quiet disenchantment with the corrupt officialdom and the fledgling legal system.
Labour law has traditionally aimed to protect the employee under a hierarchy built on constitutional provisions, statutory law, collective agreements at various levels, and the employment contract, in that order. However, in employment regulation in recent years, ‘flexibility’ has come to dominate the world of work – a set of policies that reshuffle the relationship among the fundamental pillars of labour law and inevitably lead to degrading the protection of employees. This book, the first-ever to consider the sources of labour law from a comparative perspective, details the ways in which the traditional hierarchy of sources has been altered, presenting an international view on major cross-cutting issues followed by fifteen country reports. The authors’ analysis of the changing hierarchy of labour law sources in the light of recent trends includes such elements as the following: the constitutional dimension of labour rights; the normative intervention by the State; the regulatory function of collective bargaining and agreements; the hierarchical organization of labour law sources and the ‘principle of favour’; the role played by case law in both common law and civil law countries; the impact of the European Economic Governance; decentralization of collective bargaining; employment conditions as key components of global competitive strategies; statutory schemes that allow employees to sign away their rights. National reports – Australia, Brazil, China, Denmark, France, Germany, Hungary, Italy, Poland, Russia, Spain, Sweden, South Africa, the United Kingdom and the United States – describe the structure of labour law regulations in each legal system with emphasis on the current state of affairs. The authors, all distinguished labour law scholars in their countries, thus collectively provide a thorough and comprehensive commentary on labour law regulation and recent tendencies in national labour laws in various corners of the globe. With its definitive analysis of such crucial matters as the decentralization of collective bargaining and how individual employment contracts can deviate from collective agreements and statutory law, and its comparison of representative national labour law systems, this highly informative book will prove of inestimable value to all professionals concerned with employment relations, labour disputes, or labour market policy, especially in the context of multinational workforces.
China has been the fastest growing major economy in the world for three decades. It is also home to some of the largest, most incendiary, and most underreported labor struggles of our time. China on Strike, the first English-language book of its kind, provides an intimate and revealing window into the lives of workers organizing in some of China’s most profitable factories, which supply Apple, Nike, Hewlett Packard, and other multinational companies. Drawing on dozens of interviews with Chinese workers, this book documents the processes of migration, changing employment relations, worker culture, and other issues related to China’s explosive growth.
This book deals with international labor and employment law in the East Asia Region (EA), particularly dealing with China, South Korea and Japan. It explores and explains the effects of globalization and discusses the role played by international labor law as it affects lawyers, business, labor, labor unions and human resource management, and the labor issues that can arise in dealing in EA trade and investment. The text, and the readings (from area experts), are organized and written to provide the reader with, first, a broad understanding and insight into the global dimensions of the fast-emerging area of labor and employment issues (e.g., global legal standards and their interplay with domestic and foreign laws); and second, to show how these laws and approaches play out in specific EA countries (comparing global approaches with the specific laws of each country on four common agenda items: regulatory administration, workers' rights, trade unions and dispute resolution).
Chinese Labor in a Korean Factorydraws on fieldwork in a multinational corporation (MNC) in Qingdao, China, and delves deep into the power dynamics at play between Korean management, Chinese migrant workers, local-level Chinese government officials, and Chinese local gangs. Anthropologist Jaesok Kim examines how governments, to attract MNCs, relinquish parts of their legal rights over these entities, while MNCs also give up portions of their rights as proxies of global capitalism by complying with local government guidelines to ensure infrastructure and cheap labor. This ethnography demonstrates how a particular MNC struggled with the pressure to be increasingly profitable while negotiating the clash of Korean and Chinese cultures, traditions, and classes on the factory floor of a garment corporation. Chinese Labor in a Korean Factory pays particular attention to common features of post-socialist countries. By analyzing the contentious collaboration between foreign management, factory workers, government officials, and gangs, this study contributes not only to the research on the politics of resistance but also to how global and local forces interact in concrete and surprising ways.
China's economic success has been founded partly on relatively cheap labour. In recent years however there has been growing concern about wages and labour standards in China. This book examines how wages are bargained, fought over and determined in China, exploring how the pattern of labour conflict has changed over time.
After a quarter of a century of market reform, China has become the workshop of the world and the leading growth engine of the global economy. Its immense labour force accounts for some twenty-nine per cent of the world's total labour pool but all too little is known about Chinese labour beyond the image of workers toiling under appalling sweatshop conditions for extremely low wages. Working in China introduces the lived experiences of labour in a wide range of occupations and work settings. The chapters of this book cover professional employees such as engineers and lawyers, service workers such as bar hostesses, domestic maids and hotel workers, and industrial workers in a variety of factories. The mosaic of human faces, organizational dynamics and workers' voices presented in the book reflect the complexity of changes and challenges taking place in the Chinese workplace today. Based on extraordinary and thorough field research, this book will have a wide readership at undergraduate level and beyond, appealing to students and scholars from a myriad of disciplines including Chinese studies, labour studies, sociology and political economy.
