Purpose The purpose of this paper is to examine the actual legal effect of collective agreements by focusing on the litigation regarding the implementation of collective agreements in China where current literature on the topic is scarce.
Design/methodology/approach This paper deploys both quantitative and qualitative methods to investigate the features of litigation regarding collective agreements. The judgments on collective agreement by people's courts nationwide from 1 January 2014 to 31 December 2018 provide the primary empirical data. The intrinsic features of collective agreement disputes are investigated to delineate different sorts of theoretically presumed legal effect, namely contractual, normative and other (if any). A number of collective agreement templates and texts have been gathered and analysed to further explore the factors leading to collective agreement disputes. A dozen of labour law professionals, workers, scholars and trade union officials, were interviewed to verify the findings.
Findings The number of collective agreement disputes is relatively small compared to the number of valid collective agreements or the volume of other labour disputes. This study found no litigation initiated by trade unions to claim a remedy against a violation of a collective agreement by an employer. However, a growing number of cases were filed by individual workers to complain about the terms and conditions of their individual employment agreements in contradiction to the existing collective agreement. These data do not mean that collective agreements lack problems or have no significance in action. A novel effect – a "substitution effect" – is evident in the existing labour litigations and relatively popular amongst employers, as they often refer to the collective agreement when a written individual agreement, as the mandatory document, is absent. The advent of substitution effect reflects a pragmatic view amongst Chinese labour law professionals, employers and workers.
Research limitations/implications Due to the recent establishment of the online judgments database, this study has focused on collective agreement litigation in people's courts from 2014 to 2018, which is representative of the national trend of such disputes and thus provides valuable insights. Future studies should cover a wider time span and extend to the collective agreement disputes subject to labour arbitration to provide a fuller picture of the challenges and potential solutions.
Practical implications By understanding the legal effect of collective agreements in reality, the legislature, workers and employers can act accordingly to enhance or empower it. The insignificant volume of both contractual and normative claims on collective agreements indicates the pressing need to inject something concrete into both substantive rights and the implementation mechanisms of collective agreements. The existence of substitution claims illustrates the room for further implementation of written individual agreements to reduce the need to borrow from collective agreements to fill the void left by the absence of individual agreements.
Originality/value This study uniquely evaluates collective agreement disputes in China to seek their true legal effect, finding the substitution effect of collective agreements that was absent from the prior literature. The features of collective agreements are reflected in this work, together with public policy and theoretical implications.
Purpose The purpose of this paper is to examine the post-enactment status of China's Labour Contract Law and Labour Dispute Mediation and Arbitration Law, focusing on the dramatic rise in remuneration litigation amidst much criticism of weak or ineffective implementation of these laws.
Design/methodology/approach This paper deploys both quantitative and qualitative analysis methods to investigate the features of remuneration litigation. Remuneration judgments by Beijing People's Courts from 1 January 2014 to 31 December 2017 provide the primary empirical data. The intrinsic features of remuneration disputes are investigated to delineate subcategories of claims. Several judges were also interviewed to further explore the nature of remuneration disputes.
Findings Four types of remuneration claims were identified: regular wage, minimum wage, overtime and others (including subsidies and welfare). Examination of these four types, especially how they are processed until concluded by court adjudication, provides a fuller picture of the post-enactment status of these laws and yields objective and rational findings. To explain the continuing steady rise in the volume of remuneration claims, as more workers have knowledge of their rights and access to the courts, this study identifies an increase in the number of factually complicated cases (e.g. overtime claims) and abmiguity in the relevant law, leaving some remuneration disputes difficult, if not impossible, to adjudicate. Conversely, the study also finds significant positive trends following these laws' enactment, particularly a reduction in straightforward cases, such as disputes concerning non-payment of wages/minimum wages, on which the law is clear. It is evidently imperative to improve the clarity of the current laws through further legislation, as the most appropriate next step in China's juridification process of developing its own rule of Labour Law.
Research limitations/implications This study is purposely limited to examining remuneration litigation in Beijing's courts from 2014 to 2017, which is representative of the national trend of dramatically rising remuneration disputes, and thus provides valuable insights. Future studies should cover a wider geographic territory and other categories of labour disputes to provide an even more comprehensive picture of the challenges and potential solutions.
Practical implications By understanding the driving factors of rising labour remuneration disputes, the legislature, workers and employers can act accordingly to curb labour conflicts. The growing complexity and technicality of remuneration litigation indicates that the pressing need of labour juridification is to deploy a subtle, comprehensive method to improve legal clarity and judicial professionalism.
Originality/value This study uniquely divides the types of remuneration litigation in Beijing, adopting methods and yielding findings absent from the prior literature. Both the progress and challenges in China's rule of Labour Law process are reflected in this work, together with public policy and theoretical implications for further study.
Front Cover -- Title Page -- Contents -- Part 1: China Trade in Transition -- China's Trade in 2015 -- Merchandise Trade Development in a Post-Crisis World -- 1. Trade by Modes: More Rational Structure -- 2. Trade by Partners: Diversification of Markets -- 3. Trade by Products: Structural Adjustment and Upgrading -- 4. Trade by Provinces: Towards Balanced Development -- Service Trade Developments in a Post-Crisis World -- Future Growth Trends, Impetus and Risks -- Part 2: China Trade's Trends and Forecast -- The Share of China's Export in the World Began to Drop -- 1. China's Export Share in the World Began to Drop -- 2. A Temporal or a Trend -- 3. Why China's Export Growth Rate Lower than that of the Global Average -- 4. How to Response to this Drop of World Export Share -- Service Trade -- 1. Profiles of Development of China's Trade in Service in 2016 -- 2. Features of China's Service Trade Development in 2016 -- 3. Prospect of China's Service Trade Development in 2017 -- Commodity Structure -- 1. Overview of Foreign Trade Based on the Type of Commodities in 2016 -- 2. Structural Characteristics of Commodities of Export Trade -- 3. Structural Characteristics of Commodities of Import Trade -- 4. Prospects and Suggestions on Foreign Trade Restructure Policy in 2017 -- Trade by Modes -- 1. Review of Annual Data -- 2. Development of China's Foreign Trade from the Perspective of Trade by Modes -- 3. Analysis of Labor Cost in the Transformation of China's Trade by Modes -- Foreign Trade -- 1. Overview on China's Foreign Trade Development in 2016 -- 2. Main Characteristics and Causes of Changes in Foreign Trade in 2016 -- 3. Prospects of China's Foreign Trade -- Regional Trade -- 1. Relations between Regional Economic Level and Trade Development -- 2. Regional Trade Opening Pattern Further Improved -- 3. Latest Ranking of Regional Trade Volume.
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This study examines the effectiveness of animated movies (AM) in increasing students' vocabulary and determines what students think about English language learning in Pakistan. Particularly in the education field, vocabulary is an essential factor for foreign language learning in academic achievements. This research aimed to determine whether using animated images/movies aid students in learning new vocabulary by helping them to make connections between the words they know and real-world occurrences. The research used pre-tests and post-tests to examine the impact of AM on vocabulary acquisition. Total participants ( N = 64) were 12th-grade students in Lahore, Pakistan, separated into controlled and experimental groups to make a judgment. In the second semester of college, half the students ( N = 32) utilized AM to acquire English vocabulary, while the control group employed the conventional technique. The results were evaluated using a t-test for an independent sample to detect significant differences between the groups. The vocabulary exam was constructed and verified as a pre and post-test. The findings revealed a statistically significant difference in receptive vocabulary, productive vocabulary, and overall score in favor of the experimental group owing to the use of (AM). It added to the growing body of information by investigating how animated videos might support EFL education.
PurposeThis empirical study of one of China's biggest take-out platforms during coronavirus disease 2019 (COVID-19) explores the legal rights and protections for gig workers' availability time.Design/methodology/approachThe study uses a quantitative survey and interviews of take-out platform riders, investigating the intrinsic features of working time and availability time. Labour law professionals and scholars are interviewed to verify the findings.FindingsThe availability time of take-out platform riders is difficult to define under the current legal working-time framework. There is a need for a specific method to define availability time, considering the multiple factors in gig-take-out-sector work. One option is to apply working-time regulations to availability time but to use a proportionality test to preserve flexibility whilst the platform offers protection to the riders during that time.Research limitations/implicationsPandemic-related travel restrictions limited the authors' study to one take-out platform in Beijing. Future studies should cover a wider geographical area and multiple take-out platforms.Originality/valueThe study uniquely evaluates the availability time of take-out platform riders to determine appropriate public policy and theoretical implications. It proposes a proportionality test regulating riders' availability. In particular, the workers being "at leisure" during availability time could mitigate the platform's liability for full remuneration or moderate the ceiling of working hours. The occupational health and safety of riders must be fully protected, as they are still "at the platform's disposal" at that time.
PurposeThis study aims to decrypt the efforts made by Chinese people's courts nationwide to protect the rights of Chinese posted workers in the Belt & Road (B&R) countries by investigating labour litigation cases with an extraterritorial application of Chinese labour law (under the "doctrine of overriding mandatory labour rules").Design/methodology/approachThis study collected all labour litigation from 2014 to 2018 brought forward by Chinese posted workers in Chinese courts against Chinese enterprises regarding the performance of employment contracts in the B&R countries where Chinese labour laws were mandatorily applied under the doctrine of overriding mandatory labour rules. The study adopted a qualitive research approach to analyse the compiled cases to explore their characteristics and effects.FindingsThis study found that the volume of labour disputes in the B&R countries had a somewhat positive correlation to the amount of investment from China. However, this correlation was rather superficial when compared with the correlation to the type of industrial sector (e.g. the construction sector) and to the claim category (e.g. remuneration claims). Moreover, labour disputes in both the B&R countries and China shared a great deal of similarity with regard to their concentration in certain sectors and in certain types of claims. Therefore, mandatorily applying Chinese labour law could be convenient for Chinese workers returning from abroad who seek remedies and could allow Chinese judges to issue affirmative decisions regardless of the territory in which the worker was posted.Research limitations/implicationsThe cases collected by this study were limited to those filed in China by Chinese workers who were hired by Chinese enterprises and sent to work in the B&R countries and did not include those filed in the B&R countries by Chinese posted workers. Future research should therefore attempt to gather a broader range of labour disputes to further clarify the issues and need for labour protection for Chinese posted workers in the B&R countries.Practical implicationsThis study argues that the doctrine of overriding mandatory labour rules is not entirely unproblematic because it might arbitrarily rule out the standards set by foreign labour legislation that could be more favourable to workers or offer them greater protection. Therefore, giving judges a certain degree of discretion is imperative to allow them to apply foreign labour standards when they have been proven to benefit workers.Originality/valueApart from a handful of reports on individual cases, there have been very few empirical studies regarding the general picture of labour protection for Chinese posted workers in the B&R countries. This study has adopted a novel approach to collect information on labour disputes in the B&R countries and to facilitate a qualitative analysis to test the practical implications of the doctrine of overriding mandatory labour rules.