Labour Law in China

In: Business and Management

Submitted By omatai
Words 733
Pages 3
In China there exist labor laws which, if fully enforced, would greatly alleviate common abuses such as not paying workers. In 2006, a new labor law was proposed and submitted for public comment. Enacted in 2008, the Labor Contract Law of the People's Republic of China permits collective bargaining in a form analogous to that standard in Western economies, although the only legal unions would continue to be those affiliated with the All-China Federation of Trade Unions, the Communist Party’s official union organization. The new law has support from labor activists, but was opposed by some foreign corporations, including the American Chamber of Commerce and the European Chamber of Commerce. There is some expectation that the law would be enforced.[4][5][6] In 2010 a substantial increase in labor related cases brought to court in 2008 was reported.[7] There has been many questions as to "Does the Labor Contract Law Cover Foreigners". There has recently been a case in Jinhua China (2011–2012), where a foreigner went through Labor Arbitration, Court and Court of Appeal. The case centered around Article 14 part 3 of the Labor Contract Law. During all the proceeding the Chinese argued that LAW did NOT apply to foreigners. The foreigner easily proved his case yet lost in all 3 venues. Both written court decisions cited that the foreigner did not meet the rule of Art 14 part 2 (which was NEVER argued by anyone in court(s)) and therefore the courts ruled against the foreigner. It is possible that this is an incident of some kind of court corruption but as of now this ruling and the far reaching international legal precedents that it sets remain in effect.

Reading from Documents of this case. Translation of the Arbitration Decision....

"This court thinks this case is a contract dispute about a foreigner who wants to obtain employment in china, the focus is about how to…...

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