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.

A century of complex relations between Communists and workers in China In 2021, the Chinese Communist Party celebrated a century of existence. Since the Party’s humble beginnings in the Marxist groups of the Republican era to its current global ambitions, one thing has not changed for China’s leaders: their claim to represent the vanguard of the Chinese working class. Spanning from the night classes for workers organised by student activists in Beijing in the 1910s to the labour struggles during the 1920s and 1930s; from the turmoil of the Cultural Revolution to the social convulsions of the reform era to China’s global push today, this book reconstructs the contentious history of labour in China from the early twentieth century to this day (and beyond). This will be achieved through a series of essays penned by scholars in the field of Chinese society, politics, and culture, each one of which will revolve around a specific historical event, in a mosaic of different voices, perspectives, and interpretations of what constituted the experience of being a worker in China in the past century. Contributors: Corey Byrnes, Craig A. Smith, Xu Guoqi, Zhou Ruixue, Lin Chun, Elizabeth J. Perry, Tony Saich, Wang Kan, Gail Hershatter, Apo Leong, S.A. Smith, Alexander F. Day, Yige Dong, Seung-Joon Lee, Lu Yan, Joshua Howard, Bo Ærenlund Sørensen, Brian DeMare, Emily Honig, Po-chien Chen, Yi-hung Liu, Jake Werner, Malcolm Thompson, Robert Cliver, Mark W. Frazier, John Williams, Christian Sorace, Zhu Ruiyi, Ivan Franceschini, Chen Feng, Ben Kindler, Jane Hayward, Tim Wright, Koji Hirata, Jacob Eyferth, Aminda Smith, Fabio Lanza, Ralph Litzinger, J onathan Unger, Covell F. Meyskens, Maggie Clinton, Patricia M. Thornton, Ray Yep, Andrea Piazzaroli Longobardi, Joel Andreas, Matt Galway, Michel Bonnin, A.C. Baecker, Mary Ann O’Donnell, Tiantian Zheng, Jeanne L. Wilson, Ming-sho Ho, Yueran Zhang, Anita Chan, Sarah Biddulph, Jude Howell, William Hurst, Dorothy J. Solinger, Ching Kwan Lee, Chloé Froissart, Mary Gallagher, Eric Florence, Junxi Qian, Chris King-chi Chan, Elaine Sio-Ieng Hui, Jenny Chan, Eli Friedman, Aaron Halegua, Wanning Sun, Marc Blecher, Huang Yu, Manfred Elfstrom, Darren Byler, Carlos Rojas, Chen Qiufan.

A fresh perspective on socialist law as practiced in China and Vietnam, two major socialist states.

The word 'fissured' aptly describes the effect on the workplace of the enormous retreat from direct employment on the part of large enterprises that began several decades ago and shows no sign of slowing down. Market-leading companies, even though they continue to wield considerable influence on the fate of actual workers, may thus be relieved of legal responsibility as employers. How extensive is this phenomenon? Do recourses exist in labour law? What ongoing trends can be discerned? This groundbreaking book tackles these questions and more, with thoroughly researched reports from ten of the world's leading market-driven economies - Australia, China, France, Germany, Japan, the Republic of Korea, Spain, Taiwan, the United Kingdom, and the United States. Recognizing that law should squarely grasp and tackle this new reality, the authors consider such questions as the following: - How far can current labour law go in determining the responsibility of persons who have no direct contractual relationship with the workers? - Do other measures such as soft law or reputation mechanisms in the market deal with the undesirable consequences of the fissurization more properly? - What managerial motives and socioeconomic backgrounds give rise to such fissurization? - What distinct phenomena compose fissuring? - Are measures available to protect workers that go beyond the boundary of the legal entity (e.g., initiatives toward piercing the corporate veil)? Each contributor describes, for his or her country, how far the fragmentation and externalization of employment has gone, current legislation protecting workers in a multilayered contractual relationship or indirect employment relationship (e.g., on health and safety, wages, bargaining, dismissal), and emerging developments and trends. This book ably responds to the question posed by a recent study: Why has work became so bad for so many and what can be done to improve it? Although concerned scholars worldwide will rally to the call, the reports in this volume will also be of great practical value to business persons and labour and employment lawyers everywhere.

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.

Considers miscellaneous legislation relating to wages, minimum wage, hours and conditions of labor, and child labor.

This revised and updated casebook comprehensively compares the U.S. legal approach to problems of inequality and discrimination with the approaches of a variety of other legal systems around the world.