Developing Fundamental Labour Rights in China – A New Approach to Implementation

Abstract

This article explains the underlying propositions, approaches and perspectives which this volume adopts in examining implementation of fundamental labour rights in the particular cultural context of the Chinese experience. It is, however, emphasized that fundamental labour rights is a deeply European-rooted concept, and when applied to China its parochialism may not do justice to the diversity of labour law development in China and to the role that the international labour standards of the International Labour Organization (ILO) have played in this development. The concept of fundamental labour rights enables an examination of the Chinese labour law issue from different angles with a comparative perspective. This comparative undertaking is based on the assumption that the concept of fundamental labour rights could be approached and appropriated by various actors in different contexts. The broad perspective of implementation covers legislative implementation by national and local legislatures, monitoring by labour inspectorates, judicial implementation by labour arbitration committees and courts as well as application of fundamental labour rights by enterprises and other non-state actors. Recognition of fundamental labour rights can be found at different layers of legal normativity and connected in a hybrid structure so that interaction, dialogue and mutual enforcement among different layers also provide a valuable research subject. Examining fundamental labour rights is important as these rights have the potential, inter alia, to contribute to systematizing and developing the Chinese labour law system. Focusing on them can help identify the most persistent labour market problems and better understand underlying economic and social factors.