The Glimpse of Labor Relations in China

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Published on October 16, 2007

Author: Arundel0

Source: authorstream.com

A Glimpse of Labor Relations in China:  A Glimpse of Labor Relations in China LIR 544: Comparative Employment Relations Systems 09/13/2006 Kun Jing Kiki Fan Charles Clark Charles Howell General Information about PRC:  General Information about PRC History: 5000 years of civilization. 2000 years of feudal system. Position: East Coast of Asia Territory: Slightly Smaller than the US Religion: 59% non-religious, 33% believe in the Buddhism, Taoism, Confucianism. Position of PRC:  Position of PRC Political System Organization Chart of PRC:  Political System Organization Chart of PRC General Political History of PRC:  General Political History of PRC 1945 1949 Won the WW2 against Japan and start Civil War. CPC won the Civil War and KMT retreated to Taiwan 1966 1976 Cultural Revolution Started Cultural Revolution ended and Mao Died. Deng seized the power and start the Econ. reform. 1989 Tian An Men incident 1997 HK Returned to China from UK 1971 2001 1993 Jiang got power from Deng’s retirement 2003 Hu got power from Jiang’s retirement Joined WTO PRC replaced ROC as the sole representative for "China" in UN and as member of SC. US Invests in China:  US Invests in China Foreign Direct Investment in China 2000-2005 US/China Labor Relations in the News:  US/China Labor Relations in the News Wal-Mart Since July 29, 17 union branches have been established in China Foxconn Component manufacturer for Apple iPods Admitted Chinese employees work over 80 hours overtime per month This is in violation of Chinese law, which limits overtime 36 hours per month Interaction with US in trade:  Interaction with US in trade Important Economic Figures of PRC, Comparing to the US:  Important Economic Figures of PRC, Comparing to the US General Labor Information:  General Labor Information Hierarchy Of Code:  Hierarchy Of Code Constitution of the People’s Republic of China National Laws issued by National People’s Congress Administration regulations from State Councils Local Decrees issued by local Congress Administrative/ Local Rules Legal System in China:  Legal System in China Civil Law System Based on the German Civil Law Code Legislation is key Courts base their judgments on the provisions of codes and statutes not custom There is no concept of precedent, no Stare Decisis No judicial Review If there is a conflict in the legislation the courts cannon step in and straighten it out Must petition the Legislature for an opinion Labor Law in China:  Labor Law in China Labor law is considered part of the Civil Law In 1995, the People’s Republic of China adopted a comprehensive Labor Law code into its constitution The Code covers labor contracts, working hours, wages, worker safety and sanitation, child labor, and labor disputes, promotions, and supervision/inspection among other topics In all there are 107 articles contained in just the Labor Law Code portion in the Constitution. Labor Law: Regulations with No Enforcement:  Labor Law: Regulations with No Enforcement The rights of Chinese workers are routinely violated. Workers are often required to work far more than 40 hours a week have few days off are paid below the minimum wage are not paid required overtime Improper deductions from wages are common "deposits" and "recruitment fees” Comparison of Labor Relations between US & China:  Comparison of Labor Relations between US & China Culture China: Feudal system impacts people’s mentality. US: Freedom and Individuality Legal: China: New legislation makes unionization more difficult US: Wagner Act gives unions legitimacy Unions China: Symbolic and government involvement US: NLRB

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