Arbitration Of Labor Disputes Research Articles

Study on the Improvement of the Protection of Procedural Rights and Interests of Workers in Labour Dispute Arbitration

Arbitration of labour disputes, as an important way to protect the rights and interests of workers, aims to achieve better resolution of labour disputes and maintenance of labour relations through the front-loading of arbitration of labour disputes. With the continuous development of the society, labour dispute disputes are increasing, and the procedural rights and interests of workers in labour dispute arbitration are also more and more prominent. Based on this problem, China needs to carry out a series of reforms to the labour dispute arbitration system, to fill the gaps in the existing legal regulations, and to propose a series of targeted measures for the difficulties encountered by workers in labour dispute arbitration.

Labour Arbitration in Mainland China: Its Current State, Characteristics, and Tendencies

Since the implementation of the “Labour Dispute Mediation and Arbitration Law (LDMAL)” in 2008, there has been a substantial increase in the number of labour disputes in China, which to some extent shows workers’ growing awareness of labour rights. However, while new legislation was laudable, it also brought about tremendous pressure on labour dispute mediation, arbitration, and litigation. On one hand, the labour dispute arbitration legislation essentially meets the needs of the current labour disputes. But on the other hand, China’s labour dispute arbitration system is still challenged by more complicated labour relations, group-based litigations, diverse demands, intricate problems, and other factors. The system, therefore, is in urgent need of improvement. This paper analyses the following main characteristics of the current labour arbitration system in China: (i) arbitration as the pre-trial procedure for some types of labor disputes under certain conditions; (ii) free labour arbitration; (iii) reasonable time limits for labour arbitration application and a shortened time frame to reach an arbitration reward; (iv) a tripartite regulatory mechanism; and (v) the dual nature of the labour arbitration system as quasi-judicial and quasi-administrative. Furthermore, this paper focuses on the tendencies and future possibilities for the labour dispute arbitration system in China that include, but are not limited to, separation of labour arbitration and labour litigation, socialization of labour arbitration system, unified law application and coordinated jurisdiction in labour arbitration and civil litigation, and lastly, strengthening of multiple approaches to oversight labour arbitration.

Labour dispute arbitration in China: perspectives of the arbitrators

Purpose– The purpose of this paper is to explore China’s labour dispute arbitration system reform through analysing the degree to which it has attained its stated objectives – notably, independence, justice, efficiency and professionalism – from the perspectives of the arbitrators, previously ignored in research on China.Design/methodology/approach– This paper used a mixed research method using questionnaires and interviews. Questionnaires were sent to all full-time labour dispute arbitrators in Beijing, China with a useable response rate of 71 per cent. Additionally, qualitative semi-structured interviews were conducted with 24 key stakeholders involved in the arbitration process.Findings– Instead of establishing an impartial platform, the arbitration system endeavours to promote the state’s capacity to rule over labour relations. Its recent reform excluded arbitrational independence owing to concerns about reducing the Chinese Communist Party’s arbitrary power. Arbitrational justice was perceived to improve through case resolution efficiency, which made arbitrators minimise arbitration time, partly because of high caseloads but largely because of their key performance indicators. Quality of arbitration was compromised. The arbitrators understood the spaces and boundaries of the reform, and focused on increasing professionalism to enable them to more fluidly manoeuvre between the different political economic interests, above safeguarding labour rights.Research limitations/implications– The questionnaire size was too small for regression analysis. Future research should expand the sample sizes and conduct cross-regional studies.Practical implications– In 2008, China undertook an arbitrational system reform – probing its practical influence contributes to the authors understanding about the changing institutional environment of Chinese labour relations.Originality/value– As a pilot study on labour dispute arbitrators, this research presents the dynamics of the Chinese labour dispute resolution mechanism.

Sacked labour activist continues to push for workers' trade unions

oped and progressed in just a few short years: ‘Since the time when I first started at Hitachi Metals as a teenager, I have witnessed first-hand how workers’ activism has grown. Back then, most workers were from rural areas and we felt content just to earn more than our cotemporaries down on the farm. When our rights were violated , we didn’t know what to do or who to turn to. But today we see the new generation of workers staging strikes, bargaining with management, and demanding trade union elections. On top of that, they are organising and spreading news on their smartphones all the time!’. One of Zhu’s key roles at the Panyu Workers Centre is training the worker activists who emerged from the labour disputes the centre handled , and helping to turn them into the trade union leaders of tomorrow. She explained: ‘China’s workers are learning from the history of the trade union movement both at home and abroad. It is only a matter of time before we become part of the history of labour movement ourselves. I once told a representative of the Guangzhou sanitation workers who felt she was not educated enough and was not confident enough to join the trade union leaders’ trainings: “arm yourself, so you can arm the others”. Chinese workers have huge potential. Many are still unorganised but once we are given the right tools, such as collective bargaining and workplace union elections, we will bounce back with amazing force’. Zhu Xiaomei is just one of a growing number of labour activists based in Guangdong who have come to the fore in recent years. Like Zhu, many played a leading role in labour disputes at their own workplace before being sacked or even arrested in retaliatory attacks by management and the local authorities: ■ Meng Han spent nine months in jail after leading a protest by hospital security guards in Guangzhou. He now works with Zhu at the Panyu Centre. ■ Yu Wucang was sacked after lobbying for a better deal for his fellow street cleaners in Guangzhou. Not only did he get his own job back, he has been instrumental in organis’ing other sanitation workers in the city. ■ Wu Guijun was detained for one year by the authorities in Shenzhen after representing his co-workers at a furniture factory in their dispute with management. He was released when all charges were dropped in June last year and has been active in helping other workers in Shenzhen ever since. Today we see the new generation of workers staging strikes, bargaining with management, and demanding trade union elections Zhu was arrested in December (see note below) INTERNATIONAL union rights Page 12 Volume 22 Issue 4 2015 G etting sacked was just the beginning for Zhu Xiaomei. For close to two years now, Zhu has used her own struggle and experience in standing up to her former employer to help drive China’s workers’ movement forward and emerge as one of most dynamic labour activists in the Pearl River Delta today. Zhu was fired from her job at the Hitachi Metals factory in Guangzhou in January 2014 after she campaigned for the establishment of an enterprise trade union. But she refused to go quietly or meekly accept her fate and retreat to her hometown in Henan; instead she took the company to arbitration court in Guangzhou. The labour dispute arbitration committee initially ruled against her in April 2014 but Zhu kept fighting and appealed the decision. Eventually, the district civil court ruled in her favour and Hitachi Metals agreed to an out-of-court settlement in which Zhu would get 230,000 yuan as compensation for illegal dismissal. Signing the settlement deal was an emotional moment, Zhu said: ‘It was never about the 230,000 yuan; it is about respect. It is about the respect employers in China have failed to show for so long. It is about the respect that I, and every worker who stands up for their rights, deserve’. Zhou added, ‘I smiled at the managing director on my way out. He once yelled at me “if you hire a lawyer, we will hire ten!” Well, in the end...

Chinese Labour Contract Arbitration: 'No Union, No Problem'

There has been an explosion of labour contract disputes in China. The authors surveyed participant demographics, experience and opinions concerning the arbitration of these disputes under the local government Labour Dispute Arbitration Bureau (LAB) in the city of Dalian, Liaoning Province. Contrary to the Chinese labour union’s statutory duties, the findings show that the union is not involved in advocating for the rights of the employee from the inception of the dispute through to the LAB hearing. While some scholars have questioned the quality of the LAB process, particularly its fairness for workers, Chinese workers and employers reported high levels of satisfaction with the arbitration process on a range of procedural due process and substantive due process measures. Results indicate overall party satisfaction with the arbitration, a belief that the arbitration was fair, and a willingness to recommend it to others who are similarly situated. Demographic data indicate that the process was somewhat inclusive, with lesser educated workers, migrant workers, and women all participating.

Under pressure to guarantee labour rights

REPORT□ CHINA Under pressure to guarantee labour rights Official statistics estimatedthat morethan20 millionmigrant workersbecame jobless duringthe crisis DR KAN WANG isLecturer at the China Institute of Industrial Relations, Beijing, China The labour uncertainty Global interest for economic labour representation. rights crisis protection brings Actually, further and uncertainty forlabourrights protection and labour interestrepresentation. Actually, longbeforetheglobaleconomiccrisisin 2008, theofficial Chinesetradeunion,whichoperates under the national umbrella of All China Federation of Trade Union (ACFTU),is under pressure for change, andtheunionisseekinginitiatives forimproving itscapacity oflabourrepresentation and labourrights safeguarding. Theinstitutional arrangement inChinarequires the tradeunion to represent the interests and demandsofboththeruling Communist Party of China(CPC) and the workers.In thiscontext, Chinesetradeunionsalwaysneed to play the roleas a bridging actorconciliating theinterest differenceand strengthening the common ground betweentheStateand labour.Before the start of theeconomiccrisisin thelate of 2008, continuous economicgrowth didnotbring much difficulty to theunion,sinceeconomicdevelopmentcreateda steadyincreaseofjobs forworkers ,alongwithtaxation revenuesfortheState. However,the global economic crisispressed downtheChineseeconomy withunemployment rateriseand taxationrevenueshrink, so as to exposetheChineselabouranduniontoa different environment.Some serious challenges emergeand theunionhas to respondquickly. Pressure on the Implementation ofChinese Labour Laws and Regulations Justbeforethe global economiccrisis,several labourlawsand labourregulations wereenacted andlabourstandards wereincreased accordingly. For example,the LabourContract Law restricts theflexibility ofcorporate humanresource management and aims at establishinglong-term employment relationsbetween the employers andworkers. Meanwhile, theRegulation ofStaffs and Workers Paid AnnualVacationexpandsthe duration ofpaidleavefor labourandrequires the employers topayhighcompensation iftheworkersfailtotaketheleaves .A psychological impact is thencreated amongemployers, who complain on theincreaseoflabourcostsand arelobbying heavily forderegulation. Within tenmonths oftheimplementation ofthe labouracts,a financial crisis happenedintheUS, whichis thelargest buyeroftheChineseproducts .Weakdemandofglobaland domestic markets lowersthe profits of mostcompaniesin China.Thecompanies introduce largelay-off and redundancyplans. China Academic of Social Sciences, the governmentthink-tank, did a national survey and foundtheurbanunemploymentratein 2008 had reachedto 9.4 percent, twicemorethantheofficial number. Thankstotheshrinking ofoverseasorders and thecutting of jobs, ruralmigrant workers, who usuallyworkin labour-intensive exportsectors, lost theirincomesand had to eitherreturn to theirhometowns, or wanderaroundbig cities and manufacturing centreslooking for new opportunities. Official statistics from theMinistry ofHumanResources andSocialSecurity ofChina estimated thatover 20 millionmigrant workers becamejoblessduring thecrisis, whilethereal situation can be moreserious. Localgovernments are thenundergreatpressure . In orderto encourageemployment and reduce redundancy, some local governments issued theirinterpretations about the national lawsand regulations, sincethenational lawsare alwaysquitegeneraland requirelocal governments towrite localimplementation guidelines to enforce thelawsandregulations. InthePearland YangtzeRiverDeltas,whichare thetwolargest manufacturing hubs in China,thelocal governmentsnegotiate withthelocal and international chambers ofcommerce forstabilising thelabour market. Companiesagreeto suspendlayoff and redundancy plan,inreturn fordeferred payment of social security fortheworkers. Moreover, in some regions,local governments permitlarge local companiesto negotiateminimum wage rates with theauthority, so that unprofitable firms will not cut jobs, althoughthe workersmay receivediscounted salariescompared tothenormaltime .In Guangdong Province, theProvincial People's HighCourtissueda noticeand asked thepolicetobe cautiousinarresting theowners offirms hiring morethanone thousand workers, forthefearofinterrupting factory operation and causingunemployment. The courtnoticesays that iftheownerdoes notviolate thecriminal act, thenthispersondoes notneedtobe arrested, so thatthebusinessoperation can go as usual. ACFTUand itslowerunionshave paid attentiontothesituation and reactions from thebusiness and local governments. The union issues severaldocuments toexpressitsconcern abouta possiblederegulation in thefieldoflabourrelations .The union emphasisesthatlabourstandardscannotbe compromised underanycircumstances .ACFTUis againstthe idea of lowering labour protectionfor keeping jobs. Instead, ACFTUproposesto conductcollective negotiationanddialoguewith theemployers tosolvethe current corporate difficulty. In severalindustrial provinceslike Zhejiang Province,local trade unionshavesuccessfully reacheddealswith local employers, with theunionspromising tomobilise workers forhigher productivity and temporarily freezingwage increase.In return, employers agreedto keep thejobs and did notlowerthe existing benefits forworkers. INTERNATIONAL union rights Page 30 Volume 16Issue 4 2009 EscalationofLabour Disputes and Union's Role inRepresentingLabour Although the union triesits best to maintain employment stability, expansionof the global economiccrisis leads to closureand bankruptcy of manycompanies, whose bosses usuallyflee andleavetheworkers uncompensated. Riotscan happen if a factory closes and workersare unableto findthe employer forclearingtheir unpaidwagesandovertime compensations. Actually, the numberof labourdisputeshas beenescalating sincelate2008.Inthefirst halfof 2009,labourdisputes intheYangtzeRiver Delta increased aboutfour-fold comparedto thesame periodlastyear.The labourdisputeresolution teamis seriously shorthanded withone labour dispute arbitration orjudgehaving tohandleover 200 cases in a year.Lack of capacityto solve labourdisputecases further contributes to the riseofunofficial labouractions. Localtradeunionsintheindustrial areashave realised this challenge andaredoingtheir bestto providelegalaid forworkers. The local unions also use their positions to lobbythelocal governments foroffering fasttrackserviceforrural migrant workers under labour disputes. Mediationis always emphasisedby the trade unionas a wayto assistlabourrights and interests .Unionshaveestablished mediation services atthefactory and community levels.Community mediation serviceis more effective, since the community legalaid centres of thetradeunion stayawayfrom theintervention and harassment oftheemployers. In HubeiProvince, one ofthe largestautomobilemanufacturing centres in China,theprovincial tradeunionpublisheslaw education booklets forworkers and actively represents...

A Study of China on Mediation and Arbitration of Labor Disputes

A Study of China on Mediation and Arbitration of Labor Disputes

The labour dispute arbitration system in China

PurposeThe purpose of the paper is to analyse the characteristics, development and implementation of the Chinese labour arbitration system and its role in settling labour disputes.Design/methodology/approachThe paper analyses official statistics and the arbitral cases published on the web sites of government labour and social security departments.FindingsThe paper finds that labour arbitration has become the most important mechanism for settling labour disputes in China since the middle 1990s. This trend indicates the fading of traditional political and administrative means due to the decreasing influence of governmental labour administration and the subordinate status of trade unions, and the emergence of the rule of law in setting labour terms. The effectiveness and fairness of labour arbitration is to a certain extent constrained by its limitations and workers' weak position in employment relations that prohibit it from fully upholding the Labour Law.Research limitationsThe paper shows that there is a paucity of literature devoted to labour arbitration in China. Further research is necessary to study labour arbitration, particularly the issues concerning: the frequency and reasons for workers to compromise in demands when claims, especially unfair dismissal cases; the process and the way in which arbitrators handle cases and make decisions; the fairness of arbitration awards; and the ways for improving competency and neutrality of arbitrators and arbitration committees.Practical implicationsThe paper shows that the party‐appointed method is necessary to improve the two parties' control of arbitration process. The public should be allowed to access to case and arbitrator related information in order to increase the transparency of arbitration.Originality/valueThis is the first paper that introduces the labour arbitration system in China and analyzes its role in setting labour disputes and its potential for improvement.

The Arbitration of Labor Disputes in China Today: Definition and Implications

Over the past 12 years China has strongly encouraged the use of a formalized arbitration process to resolve, among other conflict areas, labor disputes. Using a formal resolution process is meant to calm labor unrest by giving employees both individual and collective voices in workplace issues. Ultimately, China recognizes that, as did the United States with passage of the National Labor Relations Act, giving employees voice quells potential social revolution and helps business by making use of employee ideas while attracting the best employees. This paper discusses some history of the Chinese labor dispute resolution process and its specific provisions promulgated in two laws and a set of regulations. Strengths and weaknesses of the process are enumerated and the importance of the process to foreign investors, employers, and employees is laid out.

Progressivism and the World of Reform: New Zealand and the Origins of the American Welfare State

In this major reinterpretation of the Progressive era, Peter Coleman argues that the American welfare state had its origins in what he calls the world-wide crisis of capitalism. Here and abroad, reformers, no longer content to treat the symptoms of distress, sought to achieve social, political, and economic justice by abandoning laissez faire in favor of governmental intervention. This study thoroughly documents the external forces that shaped the American Progressive movement and shows that the reformers' agenda for change drew heavily on foreign ideas and models as well as the American reform tradition. Tracing the international cross-currents of reform ideas, Coleman demonstrates that for nearly three decades American reformers of every stripe regarded the Australasian colonies, especially New Zealand, as examples of what the United States could become. Thus inspired, American reformers worked for such goals as wage-and-hour legislation for women, abolition of child labor, workmen's compensation laws, compulsory arbitration of labor disputes, land reform, cheap loans for farmers, old-age pensions, and infant and maternal care programs. Through these and other measures that touched all aspects of the nation's life, the role of government was enlarged. By placing progressivism within an international context, Coleman deepens our understanding of a phenomenon previously seen as distinctively American, thereby clarifying both the substance and process of change in this country. He also argues that in the Progressive era can be seen the origins of the regulations and mixed economy of the modern welfare state.

Compulsory Arbitration: Some Perspectives

Discusses a case against compulsory arbitration of labor disputes. Forms of third-party intervention; Principal categories of labor disputes; Involvement of grievances in disputes settled by compulsory methods; Contract issues and the national interest. (Abstract copyright EBSCO.)

Arbitration of Labor Disputes.

Arbitration of Labor Disputes.

Book Review: Labor-Management Relations: Arbitration of Labor Disputes

Book Review: Labor-Management Relations: Arbitration of Labor Disputes

Arbitration of Labor Disputes

Arbitration of Labor Disputes

The Voluntary Arbitration of Labor Disputes

The Voluntary Arbitration of Labor Disputes

Labor Law: Compulsory Arbitration of Labor Disputes

Labor Law: Compulsory Arbitration of Labor Disputes

Book Review: Arbitration of Labor Disputes

Book Review: Arbitration of Labor Disputes

Arbitration of Labor Disputes in Great Britain

Arbitration of Labor Disputes in Great Britain

Arbitration of Labor Disputes.

Arbitration of Labor Disputes.

Arbitration of Labor Disputes in Great Britain

Great Britain is at the present time engaged in the momentous experiment of reconciling broad economic planning for the country as a whole with the greatest possible amount of freedom for its individual components. The difficulties are apparent and can be readily studied in the field of collective bargaining. How much freedom for individuals or trade unions and employers' associations is compatible with maintaining the delicate balance of the over-all plan, especially in a period of full employment? In the postwar British economy there is not room for a great deal of flexibility for yielding to strains and stresses. Uneconomic bargains would divert needed manpower into nonessential occupations, siphon off scarce consumer goods from places where they are most needed as incentives to increase production, or raise costs of products intended for export. Yet even in their precarious economic situation the British have chosen to preserve voluntary institutions in the field of industrial relations. They have refrained from governmental planning of the wage structure, and have imposed compulsory arbitration of labor disputes only to a limited extent. (Author's abstract courtesy EBSCO.)