Labor Dispute Resolution In China

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Mediation in Collective Labor Conflicts

Author : Martin C. Euwema
Publisher : Springer
ISBN 13 : 3319925318
Total Pages : 337 pages
Book Rating : 4.3/5 (199 download)

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Book Synopsis Mediation in Collective Labor Conflicts by : Martin C. Euwema

Download or read book Mediation in Collective Labor Conflicts written by Martin C. Euwema and published by Springer. This book was released on 2019-05-28 with total page 337 pages. Available in PDF, EPUB and Kindle. Book excerpt: This open access book opens up the black box of mediation in collective conflicts through the analyses and comparisons of various systems. Mediation and related third party interventions such as conciliation and facilitation are discussed as effective prevention and regulation tools for different types of collective labor conflicts. These interventions fit in a new developed five-phase model of collective conflicts in organizations, going from capacity building in latent conflicts, through conciliation, mediation and arbitration in escalating phases, to rebuilding of trust after hot conflicts. The authors promote understanding and discussion with regards to labor mediation systems, presenting comparative research on the perspectives of mediators and users of mediation. This book describes and analyses laws, regulations and practices of mediation in seventeen countries, with a relative strong emphasis on Europe. Part 1 presents theoretical frameworks on conciliation and mediation in collective labor conflicts. Part 2 presents regulations and practices in 12 European countries: Belgium, Denmark, Estonia, France, Italy, Poland, Portugal, Spain, The Netherlands, and the United Kingdom. Part 3 discusses mediation in these collective conflicts in Australia, China, India, South Africa and the USA. Part 4 offers conclusions and ways forward. This book offers analyses, good practices and developments for third party intervention in collective labor conflicts in global and local changing environments. This book is a must-read for policy makers, , social partners at different levels, as well as scholars and practitioners in industrial relations, human resources management and conflict management, particularly conciliators and mediators.

Dispute Resolution in China

Author : Weixia Gu
Publisher :
ISBN 13 : 9781138823594
Total Pages : 240 pages
Book Rating : 4.8/5 (235 download)

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Book Synopsis Dispute Resolution in China by : Weixia Gu

Download or read book Dispute Resolution in China written by Weixia Gu and published by . This book was released on 2021 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years, the Chinese legal system on civil litigation, arbitration and mediation, including their respective laws, regulations, and legal institutions, has undergone many changes. These reforms include, for example, three rounds of Reform Plans of the People's Courts (1998-2013), amendments to the Civil Procedure Law in 2007 and 2012, revisions to rules of China's flagship arbitration institution, the China International Economic and Trade Arbitration Commission (CIETAC), in 2005 and 2012, and promulgation of the People's Mediation Law in 2010. This book focuses on the law and development of these three major dispute resolution mechanisms in China, examining the design and legal framework of civil litigation, arbitration and mediation, their operations, challenges, and past-decade reforms. It also explores the wider contextual factors (political, economic, and societal) that led to these developments and looks at the possible obstacles to further development, for civil justice reform in particular and rule-of-law in general. By examining up-to-date literatures while exploring answers to the academic inquiries, this book provides a thorough analysis of the dynamic contemporary Chinese system of dispute resolution that has on the one hand blended Chinese traditions, socioeconomic and sociopolitical realities, guanxi culture and foreign experience, and has on the other hand developed distinctively to respond to China's market and societal transitions. This book will be an invaluable reference tool for students, scholars and practitioners with an interest in Chinese law, dispute resolution, and broader economic and political dimensions of dispute resolution development in China.

Dispute Resolution in China

Author : Weixia Gu
Publisher : Routledge
ISBN 13 : 1317584767
Total Pages : 276 pages
Book Rating : 4.3/5 (175 download)

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Book Synopsis Dispute Resolution in China by : Weixia Gu

Download or read book Dispute Resolution in China written by Weixia Gu and published by Routledge. This book was released on 2021-02-22 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: China's ever-expanding commercial influence has attracted global attention on how its civil and commercial disputes are resolved. This compelling new book, Dispute Resolution in China, offers a detailed examination of the elements in the Chinese legal system and the relevant reforms to the multiplicity of approaches to civil and commercial disputes in China today. This book reveals how civil litigation, commercial arbitration, mediation, and their hybrid dispute resolution have distinctly responded to, reformed, and developed in the context of China’s transformational economic growth, societal development, and international interaction in the last two decades. It situates these developments and continued experimentation within a unique hybrid of empirical, contextual, and comparative analytical framework, while paving productive pathways towards the future. This book argues that, rather than being a legal project, China’s civil and commercial dispute resolution system is essentially a social development project, which distinguishes the Chinese approach to civil justice reform from contemporary civil justice movements elsewhere. Among the primary methods of dispute resolution, commercial arbitration in China today uniquely transcending the traditional socio-political constraints, its reform has developed in favor of market-oriented considerations and shaped by China’s socio-economic dynamics and internationalization needs. By contrast, civil litigation and mediation being more instrumentalist in nature, their reform is socio-politically embedded and continues to prioritize social stability. This book also shines a fresh light on comparative assessments of top-down and bottom-up changes in China’s dispute resolution discourse, as well as on how China speaks to international dispute resolution systems. Original and rich in its analysis, this book will be essential reading and invaluable reference tool for scholars with a focus on Chinese law, comparative and international dispute resolution, and on broader legal, institutional, economic, social, political and cultural dimensions of dispute resolution development.

Labour Disputes and their Resolution in China

Author : Jie Shen
Publisher : Elsevier
ISBN 13 : 1780632274
Total Pages : 179 pages
Book Rating : 4.7/5 (86 download)

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Book Synopsis Labour Disputes and their Resolution in China by : Jie Shen

Download or read book Labour Disputes and their Resolution in China written by Jie Shen and published by Elsevier. This book was released on 2007-02-28 with total page 179 pages. Available in PDF, EPUB and Kindle. Book excerpt: The scale, nature and causes of labour disputes in China are identified and discussed in this comprehensive review as well as how they can be managed. The labour disputes resolution mechanisms discussed in this book include, trade union, collective labour contract, tripartite coordination and labour court. This book presents an updated literature review and reports the findings of two empirical projects on this subject. The effectiveness of these mechanisms and the appropriate resolution model for the future are both discussed. - Systematic and critical review of the up-to-date literature on labour disputes and their management - Empirical findings on labour disputes and the institutional channels available to workers for resolving them - Assessment of the effectiveness of the existing mechanisms for dealing with labour disputes

Trade Unions in China

Author : Tim Pringle
Publisher : Taylor & Francis
ISBN 13 : 1136826572
Total Pages : 241 pages
Book Rating : 4.1/5 (368 download)

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Book Synopsis Trade Unions in China by : Tim Pringle

Download or read book Trade Unions in China written by Tim Pringle and published by Taylor & Francis. This book was released on 2011-03-09 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book focuses on how the All China Federation of Trade Unions (ACFTU) is reforming under current conditions, and demonstrates that labour unrest is the principal driving force behind trade union reform in China.

Resolving Individual Labour Disputes

Author : International Labour Office
Publisher :
ISBN 13 : 9789221304197
Total Pages : 369 pages
Book Rating : 4.3/5 (41 download)

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Book Synopsis Resolving Individual Labour Disputes by : International Labour Office

Download or read book Resolving Individual Labour Disputes written by International Labour Office and published by . This book was released on 2016-12-23 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the institutions and mechanisms for settlement of individual labour disputes in various countries. The number of individual disputes arising from day-to-day workers' grievances or complaints continues to grow in many parts of the world. The chapters in this book cover individual labour dispute settlement systems in Australia, Canada, France, Germany, Japan, Spain, Sweden, the United Kingdom and the United States. Each chapter examines and assesses the institutions and mechanisms for settlement of individual labour disputes, including the procedures and powers available, the interaction of these institutions and mechanisms with other labour market institutions (e.g. collective bargaining and labour inspection) and the broader system for resolution of legal disputes (e.g. courts of general jurisdiction, specialist commissions and tribunals).

Dispute Resolution in the People’s Republic of China

Author : Zhiqiong June Wang
Publisher : BRILL
ISBN 13 : 900433128X
Total Pages : 339 pages
Book Rating : 4.0/5 (43 download)

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Book Synopsis Dispute Resolution in the People’s Republic of China by : Zhiqiong June Wang

Download or read book Dispute Resolution in the People’s Republic of China written by Zhiqiong June Wang and published by BRILL. This book was released on 2019-12-02 with total page 339 pages. Available in PDF, EPUB and Kindle. Book excerpt: Dispute resolution reforms in China in the last decade or so have all centred around the strategy of establishing an integrated dispute resolution system as part of China’s modern governance system. This new integrated system, referred to as the ‘Mechanism for Pluralist Dispute Resolution (PDR)’ in China, serves as a dispute resolution system as well as a comprehensive social control mechanism. This book is the first academic attempt to explain the methods of civil and commercial dispute resolution in China from the perspective of PDR. It systematically and critically examines the development of China’s dispute resolution system, with each chapter analysing in detail the development and transformation of the different institutions, mechanisms and processes in their historical, politico-economic and comparative context.

Labor Dispute Resolution in China

Author : Virginia Harper Ho
Publisher : Institute of East Asian Studies University of California - B
ISBN 13 :
Total Pages : 292 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Labor Dispute Resolution in China by : Virginia Harper Ho

Download or read book Labor Dispute Resolution in China written by Virginia Harper Ho and published by Institute of East Asian Studies University of California - B. This book was released on 2003 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt:

International Commercial Courts

Author : Stavros Brekoulakis
Publisher : Cambridge University Press
ISBN 13 : 1316519252
Total Pages : 591 pages
Book Rating : 4.3/5 (165 download)

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Book Synopsis International Commercial Courts by : Stavros Brekoulakis

Download or read book International Commercial Courts written by Stavros Brekoulakis and published by Cambridge University Press. This book was released on 2022-04-21 with total page 591 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book presents international commercial courts from a comparative perspective and highlights their role in transnational adjudication.

Access to Justice for the Chinese Consumer

Author : Ling Zhou
Publisher : Bloomsbury Publishing
ISBN 13 : 1509931058
Total Pages : 187 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Access to Justice for the Chinese Consumer by : Ling Zhou

Download or read book Access to Justice for the Chinese Consumer written by Ling Zhou and published by Bloomsbury Publishing. This book was released on 2020-05-14 with total page 187 pages. Available in PDF, EPUB and Kindle. Book excerpt: This monograph offers an ethnographic exploration of the local organisation of consumer complaint processing and dispute resolution in the People's Republic of China - now the second largest consumer market in the world - and how the consumer, both ordinary and 'professional', experiences the local system. Drawing on detailed analysis of an impressive amount of empirical data, this book highlights local Chinese understandings and practice styles of 'mediation', as well as identifying a continuing sense of reliance in popular consciousness on the government for securing consumer rights in China. These are not only important features of consumer dispute processing in themselves, but also help to explain the failure of an ombuds system to emerge. By looking at the nature of and issues in China's distinctive consumer dispute resolution and complaints system, and the experiences of consumers with that system, this innovative book illustrates the processes available at the local level giving access to justice for aggrieved consumers and provides a unique contribution to comparative consumer law studies in Asia and elsewhere.

Chinese Justice

Author : Margaret Y. K. Woo
Publisher : Cambridge University Press
ISBN 13 : 9781107610620
Total Pages : 0 pages
Book Rating : 4.6/5 (16 download)

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Book Synopsis Chinese Justice by : Margaret Y. K. Woo

Download or read book Chinese Justice written by Margaret Y. K. Woo and published by Cambridge University Press. This book was released on 2013-02-14 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume analyzes whether China's thirty years of legal reform have taken root in Chinese society by examining how ordinary citizens are using the legal system in contemporary China. It is an interdisciplinary look at law in action and at legal institutions from the bottom up, that is, beginning with those at the ground level that are using and working in the legal system. It explores the emergent Chinese conception of justice - one that seeks to balance Chinese tradition, socialist legacies, and the needs of the global market. Given the political dimension of dispute resolution in creating, settling, and changing social norms, this volume contributes to a greater understanding of political and social change in China today and of the process of legal reform generally.

Against the Law

Author : Ching Kwan Lee
Publisher : Univ of California Press
ISBN 13 : 0520940644
Total Pages : 341 pages
Book Rating : 4.5/5 (29 download)

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Book Synopsis Against the Law by : Ching Kwan Lee

Download or read book Against the Law written by Ching Kwan Lee and published by Univ of California Press. This book was released on 2007-06-07 with total page 341 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study opens a critical perspective on the slow death of socialism and the rebirth of capitalism in the world's most dynamic and populous country. Based on remarkable fieldwork and extensive interviews in Chinese textile, apparel, machinery, and household appliance factories, Against the Law finds a rising tide of labor unrest mostly hidden from the world's attention. Providing a broad political and economic analysis of this labor struggle together with fine-grained ethnographic detail, the book portrays the Chinese working class as workers' stories unfold in bankrupt state factories and global sweatshops, in crowded dormitories and remote villages, at street protests as well as in quiet disenchantment with the corrupt officialdom and the fledgling legal system.

Justice

Author : Flora Sapio
Publisher : Cambridge University Press
ISBN 13 : 1108121322
Total Pages : 411 pages
Book Rating : 4.1/5 (81 download)

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Book Synopsis Justice by : Flora Sapio

Download or read book Justice written by Flora Sapio and published by Cambridge University Press. This book was released on 2017-07-27 with total page 411 pages. Available in PDF, EPUB and Kindle. Book excerpt: Claims about a pursuit of justice weave through all periods of China's modern history. But what do authorities mean when they refer to 'justice' and do Chinese citizens interpret justice in the same way as their leaders? This book explores how certain ideas about justice have come to be dominant in Chinese polity and society, and how some conceptions of justice have been rendered more powerful and legitimate than others. This book's focus on 'how' justice works incorporates a concern about the processes that lead to the making, un-making and re-making of distinct conceptions of justice. Investigating the processes and frameworks through which certain ideas about justice have come to the political and social forefront in China today, this innovative work explains how these ideas are articulated through spoken performances and written expression by both the party-state and its citizenry.

The South China Sea Arbitration

Author : Stefan Talmon
Publisher : Bloomsbury Publishing
ISBN 13 : 1782253750
Total Pages : 274 pages
Book Rating : 4.7/5 (822 download)

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Book Synopsis The South China Sea Arbitration by : Stefan Talmon

Download or read book The South China Sea Arbitration written by Stefan Talmon and published by Bloomsbury Publishing. This book was released on 2014-11-01 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: On 22 January 2013, the Republic of the Philippines instituted arbitral proceedings against the People's Republic of China (PRC) under the United Nations Convention on the Law of the Sea (UNCLOS) with regard to disputes between the two countries in the South China Sea (South China Sea Arbitration). On 19 February 2013, the PRC formally expressed its opposition to the institution of proceedings, making it clear from the outset that it will not have any part in these arbitral proceedings and that this position will not change. It is thus to be expected that over the next year and a half, the Tribunal will receive written memorials and hear oral submissions from the Philippines only. The Chinese position will go unheard. However, the Tribunal is under an obligation, before making its award, to satisfy itself not only that it has jurisdiction over the dispute, but also that the claims brought by the Philippines are well founded in fact and law (UNCLOS Annex VII, Article 9).This book aims to offer a (not the) Chinese perspective on some of the issues to be decided by the Tribunal and thus to assist the Tribunal in meeting its obligations under the Convention. The book does not set out the official position of the Chinese government, but is rather to serve as a kind of amicus curiae brief advancing possible legal arguments on behalf of the absent respondent. The book does not deal with the merits of the disputes between the Philippines and the PRC, but focuses on the questions of jurisdiction, admissibility and other objections which the tribunal will have to decide as a preliminary matter. The book will show that there are insurmountable preliminary objections to the Tribunal deciding the case on the merits and that the Tribunal would be well advised to refer the dispute back to the parties in order for them to reach a negotiated settlement.The book brings together scholars of public international law from mainland China, Taiwan and Europe united by a common interest in the law of the sea and disputes in the South China Sea. This title is included in Bloomsbury Professional's International Arbitration online service.

Labor Law in China

Author : Zengyi Xie
Publisher : Springer
ISBN 13 : 3662469294
Total Pages : 164 pages
Book Rating : 4.6/5 (624 download)

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Book Synopsis Labor Law in China by : Zengyi Xie

Download or read book Labor Law in China written by Zengyi Xie and published by Springer. This book was released on 2015-05-26 with total page 164 pages. Available in PDF, EPUB and Kindle. Book excerpt: The primary aim of this book is to help readers understand the development of the theory and practice of labor law in China, and to familiarize them with major advances and remaining challenges in this field. The author also puts forward suggestions on how to improve labor law in China on the basis of an analysis of key problems and comparative study. The book can also serve as a useful guide, allowing HR experts at companies with Chinese employees or doing business in China to better understand Chinese labor law and regulations. It covers a broad range of labor law issues, including the meaning of labor relations, definition of the employee and employer, the duties of employers and employees, anti-discrimination, labor dispatch, minimum wage, termination of labor contracts, work injury insurance, labor inspections and labor dispute resolution.

The Emerging Industrial Relations of China

Author : William Arthur Brown
Publisher : Cambridge University Press
ISBN 13 : 1107114411
Total Pages : 267 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis The Emerging Industrial Relations of China by : William Arthur Brown

Download or read book The Emerging Industrial Relations of China written by William Arthur Brown and published by Cambridge University Press. This book was released on 2017-08-17 with total page 267 pages. Available in PDF, EPUB and Kindle. Book excerpt: An authoritative and accessible account by insiders of the tumultuous changes in the contemporary labour relations of China.

Mediation and Alternative Dispute Resolution in Modern China

Author : Yun Zhao
Publisher : Springer Nature
ISBN 13 : 9811921121
Total Pages : 160 pages
Book Rating : 4.8/5 (119 download)

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Book Synopsis Mediation and Alternative Dispute Resolution in Modern China by : Yun Zhao

Download or read book Mediation and Alternative Dispute Resolution in Modern China written by Yun Zhao and published by Springer Nature. This book was released on 2022-04-21 with total page 160 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book examines the development and application of mediation in China (including Hong Kong). As a popular mechanism for dispute resolution in Chinese history, mediation is believed to be an important process for realizing the official goal of social harmony. Following an overview of the current situation in mainland China and Hong Kong, the book looks into specific legal issues in the application of mediation and the practical use of mediation in specific lines of businesses. The book can serve as an important reference book on the law and practice of mediation in mainland China and Hong Kong for scholars, practitioners, as well as students of mediation and alternative dispute resolution.