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Labour Disputes And Their Resolution In China

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Labour Disputes and their Resolution in China

Labour Disputes and their Resolution in China Book
Author : Jie Shen
Publisher : Elsevier
Release : 2007-02-28
ISBN : 1780632274
Language : En, Es, Fr & De

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Book Description :

The scale, nature and causes of labour disputes in China are identified and discussed in this comprehensive review as well as how they can be managed. The labour disputes resolution mechanisms discussed in this book include, trade union, collective labour contract, tripartite coordination and labour court. This book presents an updated literature review and reports the findings of two empirical projects on this subject. The effectiveness of these mechanisms and the appropriate resolution model for the future are both discussed. Systematic and critical review of the up-to-date literature on labour disputes and their management Empirical findings on labour disputes and the institutional channels available to workers for resolving them Assessment of the effectiveness of the existing mechanisms for dealing with labour disputes

A Study of the Conflict Resolution Mechanisms for Labour Disputes in Hong Kong

A Study of the Conflict Resolution Mechanisms for Labour Disputes in Hong Kong Book
Author : Suet-Ching Sharon Lo,盧雪貞
Publisher : Open Dissertation Press
Release : 2017-01-27
ISBN : 9781361403631
Language : En, Es, Fr & De

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Book Description :

This dissertation, "A Study of the Conflict Resolution Mechanisms for Labour Disputes in Hong Kong" by Suet-ching, Sharon, Lo, 盧雪貞, was obtained from The University of Hong Kong (Pokfulam, Hong Kong) and is being sold pursuant to Creative Commons: Attribution 3.0 Hong Kong License. The content of this dissertation has not been altered in any way. We have altered the formatting in order to facilitate the ease of printing and reading of the dissertation. All rights not granted by the above license are retained by the author. DOI: 10.5353/th_b3196660 Subjects: Labor disputes - China - Hong Kong Industrial relations - China - Hong Kong

Labor Dispute Resolution in China

Labor Dispute Resolution in China Book
Author : Virginia Harper Ho
Publisher : University of California Inst of East
Release : 2003
ISBN : 0987650XXX
Language : En, Es, Fr & De

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Book Description :

Download Labor Dispute Resolution in China book written by Virginia Harper Ho, available in PDF, EPUB, and Kindle, or read full book online anywhere and anytime. Compatible with any devices.

The State and Labour Organisation in China

The State and Labour Organisation in China Book
Author : Wei Chen
Publisher : Unknown
Release : 2017
ISBN : 0987650XXX
Language : En, Es, Fr & De

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Book Description :

This study further argues that, in addition to outcomes that can be measured in economic terms, labour protests also have an enduring impact on institutions. Although it is not easy for protesters to achieve all of their goals, collective actions have played a role in generating incremental institutional changes in the labour relations system. Attempts by local governments and trade unions to experiment with collective bargaining and develop mechanisms for collective dispute resolution can be viewed as a consequence of protracted labour disputes in Guangdong.

Trade Unions in China

Trade Unions in China Book
Author : Tim Pringle
Publisher : Routledge
Release : 2011-03-09
ISBN : 1136826564
Language : En, Es, Fr & De

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Book Description :

The transition from a command economy to a capitalist market economy has entirely altered the industrial landscape in which Chinese trade unions have to operate. This book focuses on how the All China Federation of Trade Unions (ACFTU) is reforming under current conditions and demonstrates that labour unrest is the principal driving force behind trade union reform in China. Presenting case studies where reform has been largely inspired by the pressure of worker activism from below, the book examines three crucial areas of trade union activity - collective bargaining, labour rights and trade union direct elections - against the background of China’s turbulent industrial relations history. As well as exploring the principal direction of trade union reform, which has been to channel disputes into juridical forms of dispute resolution sponsored by the State, the book also highlights key examples of more innovative experiments in trade union work. These represent a clear break with past practice and, crucially, have been recognised by both the union and Party leaderships as models for future trade union policy and practice. The book provides both a timely reference point and highlights the road to effective trade union solidarity.

Resolving Business Disputes in China

Resolving Business Disputes in China Book
Author : Jingzhou Tao
Publisher : Kluwer Law International B.V.
Release : 2005
ISBN : 9789041124166
Language : En, Es, Fr & De

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Book Description :

When a dispute arises between a European or American firm and a Chinese business partner, this source of guidance is exactly what a practitioner needs. Resolving Business Disputes in China provides an understanding of what kinds of disputes are likely to arise, why they arise, and exactly how to proceed with confidence toward a satisfactory resolution in post-WTO China. The book summarizes cases that tend to establish points of law, linking them to corresponding legislation and presenting them according to the matter of the dispute (contractual, intellectual property, technology transfer, employment, and so on). Arbitration fee schedules and a list of arbitrators are also included.

The Protection of Trade Secrets in China

The Protection of Trade Secrets in China Book
Author : Shan Hailing
Publisher : Kluwer Law International B.V.
Release : 2012-11-01
ISBN : 9041145230
Language : En, Es, Fr & De

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Book Description :

For business investors in China, the legal handling of trade secrets is often crucial. However, initiatives are often complicated by a patchwork trade secrets protection system – pieced together haphazardly over the last two decades and drawing on disparate elements of competition law, contract law, employment law, and criminal law – that diverges in significant ways from global standards and corresponding regimes in other countries. Now at last interested parties can benefit richly from a thorough and practical approach to the subject. This detailed analysis of China’s trade secrets law provides in-depth information and guidance on such important factors as the following: the current framework of China’s trade secrets law, its past development and its ongoing trends; legal comparison of China’s trade secrets law with various international, regional, and national schemes; what constitutes trade secrets infringement in China and what remedies are available; and the legal interaction in China between employment relations and trade secrets protection. The author pays close attention to judicial practice and precedent in the areas of civil remedies, criminal punishment, and administrative penalties. She also offers insightful proposals formulated to align China’s trade secrets law more efficiently with prevailing global standards and generally improve the mechanisms for its implementation. Corporate counsel and international lawyers concerned with intellectual property rights or labour law in China will greatly appreciate the knowledgeable guidance this book affords. They will gain a deeply informed perspective that allows them to avoid infringement, to battle it effectively if occasion arises, and to plan dispute resolution strategies for contingencies involving trade secrets protection in China.

Employment Law in China

Employment Law in China Book
Author : Christopher Hunter,Louisa Lam,Ketong Lin
Publisher : CCH Hong Kong Limited
Release : 2008
ISBN : 9789881701428
Language : En, Es, Fr & De

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Book Description :

It’s not easy to find out exactly what you can and can’t do—legally—with the human resources you employ to help run a business in China. That is, unless you have this well informed, insightful, information-packed guide at hand. Although it’s concise and easy to understand, it offers—in clear English-comprehensive, accurate and up-to-date guidance on the best HR practice in China for tackling such crucial (and often tricky) employment issues as: recruitment and induction; the employment contract; benefits, retirement, and tax issues; rules covering expatriate and foreign workers; training and development; industrial relations; dispute resolution; and termination and redundancy. Especially useful in this new edition is its coverage of the recently implemented Labour Contract Law of the PRC, which took effect on 1 January 2008, with its important clarifications in such areas as written contracts and severance pay. Translations of laws, rules, and regulations manifest CCH’s unchallenged standards of accuracy and clarity. Employment Law in China will prove immeasurably valuable to line managers, human resource practitioners, company lawyers and other professionals involved in running day-to-day business operations in China.

Labor Law in China

Labor Law in China Book
Author : Zengyi Xie
Publisher : Springer
Release : 2015-05-26
ISBN : 3662469294
Language : En, Es, Fr & De

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Book Description :

​The primary aim of this book is to help readers understand the development of the theory and practice of labor law in China, and to familiarize them with major advances and remaining challenges in this field. The author also puts forward suggestions on how to improve labor law in China on the basis of an analysis of key problems and comparative study. The book can also serve as a useful guide, allowing HR experts at companies with Chinese employees or doing business in China to better understand Chinese labor law and regulations. It covers a broad range of labor law issues, including the meaning of labor relations, definition of the employee and employer, the duties of employers and employees, anti-discrimination, labor dispatch, minimum wage, termination of labor contracts, work injury insurance, labor inspections and labor dispute resolution.

Mediation

Mediation Book
Author : Klaus J. Hopt,Felix Steffek
Publisher : Oxford University Press
Release : 2018-12-13
ISBN : 0191669350
Language : En, Es, Fr & De

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Book Description :

Mediation provides an attractive alternative to resolving disputes through court proceedings. Mediation promises just results in the interest of all parties concerned, a reduction of the court caseload, and cost savings for the parties involved as well as for the treasury. The European Directive on Mediation has given mediation in Europe new momentum by establishing a common framework for cross-border mediation. Beyond Europe, many states have tried in recent years to answer the question whether, and if so, how mediation should be regulated at a national and international level. The aim of this book is to promote the understanding and discussion of regulatory issues by presenting comparative research on mediation. It describes and analyses the law and practice of mediation in twenty-two countries. Europe is represented by chapters on mediation in Austria, Bulgaria, England, France, Germany, Greece, Hungary, Ireland, Italy, the Netherlands, Norway, Poland, Portugal and Spain. The world beyond Europe is analysed in chapters on mediation in Australia, Canada, China, Japan, New Zealand, Russia, Switzerland and the USA. Against this background, further chapters on fundamental issues identify possible regulatory models and discuss central principles of mediation law and practice. In particular, the work considers harmonisation and diversity in the law of mediation as well as the economic and constitutional problems associated with privatising civil justice. To the extent available, empirical research is used as a point of reference in the critical analysis.

Dispute Resolution in China

Dispute Resolution in China Book
Author : Weixia Gu
Publisher : Routledge
Release : 2021-02-09
ISBN : 1317584767
Language : En, Es, Fr & De

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Book Description :

China's ever-expanding commercial influence has attracted global attention on how its civil and commercial disputes are resolved. This compelling new book, Dispute Resolution in China, offers a detailed examination of the elements in the Chinese legal system and the relevant reforms to the multiplicity of approaches to civil and commercial disputes in China today. This book reveals how civil litigation, commercial arbitration, mediation, and their hybrid dispute resolution have distinctly responded to, reformed, and developed in the context of China’s transformational economic growth, societal development, and international interaction in the last two decades. It situates these developments and continued experimentation within a unique hybrid of empirical, contextual, and comparative analytical framework, while paving productive pathways towards the future. This book argues that, rather than being a legal project, China’s civil and commercial dispute resolution system is essentially a social development project, which distinguishes the Chinese approach to civil justice reform from contemporary civil justice movements elsewhere. Among the primary methods of dispute resolution, commercial arbitration in China today uniquely transcending the traditional socio-political constraints, its reform has developed in favor of market-oriented considerations and shaped by China’s socio-economic dynamics and internationalization needs. By contrast, civil litigation and mediation being more instrumentalist in nature, their reform is socio-politically embedded and continues to prioritize social stability. This book also shines a fresh light on comparative assessments of top-down and bottom-up changes in China’s dispute resolution discourse, as well as on how China speaks to international dispute resolution systems. Original and rich in its analysis, this book will be essential reading and invaluable reference tool for scholars with a focus on Chinese law, comparative and international dispute resolution, and on broader legal, institutional, economic, social, political and cultural dimensions of dispute resolution development.

International Business in China

International Business in China Book
Author : Robert Taylor
Publisher : Routledge
Release : 2013-09-13
ISBN : 1135747164
Language : En, Es, Fr & De

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Book Description :

This book deals with a number of contentious issues in Chinese management as China emerges as a global economic player, with a greater role in international business during a global economic crisis. This step is in tandem with an economically driven foreign policy. Since the 1980s, Chinese management while still in transition, has benefited from an infusion of capital, technology and managerial expertise through inward direct investment via joint and wholly-owned foreign ventures. As the so-called 'workshop of the world', China and its exports, especially labour-intensive goods, face protectionism in the United States and the European Union. To circumvent these barriers, the Chinese leaders are emphasising domestic consumption, itself dependent on rising personal income levels and an improved national social insurance system, and a move to high-tech products, themselves requiring indigenous innovation. The creation of a knowledge economy, in addition to outward investment in manufacturing, could lead to a distinctive independent style of Chinese management. Simultaneously, China’s participation in intra-regional trade underlines the nation’s role in Asian regional business networks. Such developments in turn present a challenge to Western and global business. This book was published as a special issue of Asia Pacific Business Review.

Managing Business Disputes in Today s China

Managing Business Disputes in Today s China Book
Author : Michael J. Moser
Publisher : Kluwer Law International B.V.
Release : 2007-01-01
ISBN : 9041124624
Language : En, Es, Fr & De

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Book Description :

With its practical, problem-solving approach, this book provides corporate counsel, international lawyers, and business people, as well as students of dispute resolution, with a realistic picture of dispute settlement practices in business transactions in China today.

Labour and Employment Compliance in China

Labour and Employment Compliance in China Book
Author : King & Wood Mallesons
Publisher : Kluwer Law International B.V.
Release : 2018-08-16
ISBN : 9403504013
Language : En, Es, Fr & De

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Book Description :

Detailed attention to compliance with labour and employment laws is crucial for success in setting up business in a foreign country. This book – one of a series derived from Kluwer's matchless publication International Labour and Employment Compliance Handbook – focuses on the relevant laws and regulations in China. It is thoroughly practical in orientation. Employers and their counsel can be assured that it ful?lls the need for accurate and detailed knowledge of laws in China on all aspects of employment, from recruiting to termination, working conditions, compensation and bene?ts to collective bargaining. The volume proceeds in a logical sequence through such topics as the following: - written and oral contracts - interviewing and screening - evaluations and warnings - severance pay - reductions in force - temporary workers - trade union rights - wage and hour laws - employee bene?ts - workers' compensation - safety and environmental regulations - immigration law compliance - restrictive covenants - anti-discrimination laws - employee privacy rights - dispute resolution - recordkeeping requirements A wealth of practical features such as checklists of do's and don'ts, step-by-step compliance measures, applicable ?nes and penalties, and much more contribute to the book's day-to-day usefulness. Easy to understand for lawyers and non-lawyers alike, this book is sure to be welcomed by business executives and human resources professionals, as well as by corporate counsel and business lawyers.

Law and Fair Work in China

Law and Fair Work in China Book
Author : Sean Cooney,Sarah Biddulph,Ying Zhu
Publisher : Routledge
Release : 2013-03-05
ISBN : 1135101728
Language : En, Es, Fr & De

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Book Description :

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.

Dispute Resolution in the PRC

Dispute Resolution in the PRC Book
Author : Chris Hunter
Publisher : World Publication Service
Release : 1995
ISBN : 0987650XXX
Language : En, Es, Fr & De

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Book Description :

Download Dispute Resolution in the PRC book written by Chris Hunter, available in PDF, EPUB, and Kindle, or read full book online anywhere and anytime. Compatible with any devices.

A Sociology of Modern China

A Sociology of Modern China Book
Author : Jean-Louis Rocca
Publisher : Oxford University Press
Release : 2015-01-05
ISBN : 0190613270
Language : En, Es, Fr & De

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Book Description :

Jean-Louis Rocca's admirably concise A Sociology of Modern China wears its scholarship lightly and paints an intimate and complex portrait of Chinese society, all the while avoiding clichés and simplifications. He delves into China's history and examines the country's many different social strata so as to better understand the enormous challenges and opportunities with which its people are confronted. After discussing the long march toward reform and the crises along the way - among them the 1989 protests which culminated in the events in Tiananmen Square and elsewhere - Rocca dedicates the second half of the book to the major questions facing the country (or, at the very least, its political elites) today: new forms of social stratification; the interaction between the market and the state; growing individualism; and the pressures exerted by social conflict and political change. In eschewing culturalist visions, Rocca thoroughly and successfully deconstructs received wisdom about Chinese society to reveal a thriving nation and its people.

The Emerging Industrial Relations of China

The Emerging Industrial Relations of China Book
Author : William Brown,William Arthur Brown,Chang Kai
Publisher : Cambridge University Press
Release : 2017-08-17
ISBN : 1107114411
Language : En, Es, Fr & De

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Book Description :

An authoritative and accessible account by insiders of the tumultuous changes in the contemporary labour relations of China.

Implementation of Changes in Chinese Organizations

Implementation of Changes in Chinese Organizations Book
Author : Ruth Alas
Publisher : Elsevier
Release : 2014-01-23
ISBN : 1780632355
Language : En, Es, Fr & De

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Book Description :

There are no commonly accepted theories of change that have been developed for China or countries in transition. This book is an attempt to bridge that gap and provide a model which takes into account the specifics of organizational changes in Chinese organizations. It looks at various aspects of change implementation in Chinese organizations, including the types, the process, the readiness to change, and ethical issues. Theoretical framework is created for analysing changes in China Information is provided about types of changes in Chinese organizations Process of implementation of change in Chinese organizations is analysed

Dispute Resolution in China

Dispute Resolution in China Book
Author : Michael J. Moser
Publisher : Juris Publishing, Inc.
Release : 2012-07-01
ISBN : 1933833742
Language : En, Es, Fr & De

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Book Description :

Dispute Resolution in China provides an up-to-date summary, commentary and analysis of how disputes are settled in today’s China. Like in many other jurisdictions, litigation and arbitration are the main dispute resolution methods to settle large commercial disputes in China. While litigation is more commonly used in domestic commercial disputes, arbitration is the most popular dispute resolution method among foreign parties who conduct business in China or with Chinese parties. Each of the chapters contained in this book deals with a selected topic in dispute resolution and is authored by a leading expert in the field. This book is a necessary resource for arbitration and litigation attorneys, as well as other professionals conducting business in China’s increasingly regulated and complex business environment.