Labour disputes and their resolution in China
In: Chandos Asian studies series
In: Contemporary issues and trends
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In: Chandos Asian studies series
In: Contemporary issues and trends
In: Routledge contemporary China series 12
In: Land use policy: the international journal covering all aspects of land use, Band 112, S. 104679
ISSN: 0264-8377
In: Urban studies, Band 53, Heft 5, S. 1061-1063
ISSN: 1360-063X
In: International journal of human resource management, Band 22, Heft 6, S. 1351-1363
ISSN: 1466-4399
In: Asia Pacific business review, Band 16, Heft 3, S. 339-354
ISSN: 1743-792X
In: Employee relations, Band 29, Heft 5, S. 520-539
ISSN: 1758-7069
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.
In: Labour Disputes and their Resolution in China, S. 11-29
In: Labour Disputes and their Resolution in China, S. 45-62
In: Labour Disputes and their Resolution in China, S. 79-93
In: Labour Disputes and their Resolution in China, S. 124-134
In: Labour Disputes and their Resolution in China, S. 107-123
In: Labour Disputes and their Resolution in China, S. 63-78
In: Labour Disputes and their Resolution in China, S. 94-106
In: Labour Disputes and their Resolution in China, S. 30-44