Legislating the right to strike in China: Historical development and prospects

Abstract

The strike as a confrontational form of expression of labour disputes has become an unavoidable phenomenon in China. However, knowledge about the politico-historical context of the right to strike in China remains patchy, despite growing interest in labour activism in the Chinese context. We aim to fill this gap by examining the Chinese jurisprudence of labour rights in general and the right to strike specifically. We do so by examining the policy and political stance adopted by the Chinese Communist Party on strikes; analysing the historical development of the legislation of the right to strike in Socialist China; highlighting the key features of labour disputes; and contemplating the legal foundation of, and implications for legislating for, the right to strike in China. This knowledge is essential to understanding the changing dynamics of industrial actions and workers’ activism, with wider implications for foreign direct investment and the management of labour relations.