Landmark Labor Law Cases In China

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Landmark Labor Law Cases in China

Author : Baohua Dong
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041195505
Total Pages : 677 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Landmark Labor Law Cases in China by : Baohua Dong

Download or read book Landmark Labor Law Cases in China written by Baohua Dong and published by Kluwer Law International B.V.. This book was released on 2019-05-20 with total page 677 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Labor Law of the People’s Republic of China, originally promulgated in 1994, has undergone many changes and continues to be subject to judgments and arbitral awards arising from disputes and such claims as breaches of labor contract and denial of benefits. This book provides most updated, detailed, and comprehensive interpretation of Chinese labor law issues, focusing on detailed analysis of twenty leading cases. The first part of the book describes in depth the role of labor law in Chinese society, elaborating on its development and its characteristic features. The cases that follow, each described in minute detail, thoroughly explicate the issues that underlie the dynamic growth of Chinese labor law, such as the following: establishment and identification of the employment relationship; performance, change, dissolution, and termination of the employment contract; determining atypical employment relationships; fiduciary duties; health insurance provisions; work-related injury; labor dispatching service; legal remedies—mediation, arbitration, litigation; labor inspection; legal issues on foreigners’ employment in China; violation of rights to privacy, human dignity, and equal employment; enterprise dissolution or merger; employer’s right to dismissal; economic compensations arising from illegal dismissal; and worker’s damages arising from illegal dissolution of the employment contract. The carefully selected cases span the full range of labor law issues, with perspectives from parties to the action, attorneys, and judicial personnel as well as the editor’s expert analysis of the legal principles, statutes, and case law involved. This English translation of a book published in 2016—the first to focus on labor and employment-related issues in China in a comprehensive way via case law—will help the international community to understand China’s labor law environment and its current achievements. It will prove of immeasurable practical value for practitioners, arbitrators, and academics, as well as for employers and workers with an interest in China.

Landmark Labor Law Cases in China

Author : Baohua Dong
Publisher : Kluwer Law International
ISBN 13 : 9789041195494
Total Pages : 0 pages
Book Rating : 4.1/5 (954 download)

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Book Synopsis Landmark Labor Law Cases in China by : Baohua Dong

Download or read book Landmark Labor Law Cases in China written by Baohua Dong and published by Kluwer Law International. This book was released on 2019 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'Landmark Labor Law Cases in China' provides the most updated, detailed, and comprehensive interpretation of Chinese labor law issues, focusing on detailed analysis of twenty leading cases. Each case has its own special features involving different legal problems and covering common issues in the existing labor law system of China. The Labor Law of the People?s Republic of China, originally promulgated in 1994, has undergone many changes and continues to be subject to judgments and arbitral awards arising from disputes and such claims as breaches of labor contract and denial of benefits. This book addresses the most pressing challenges, particularly, the complexity and variability of the legal system concerning labor and employment in China.

Understanding Labor and Employment Law in China

Author : Ronald C. Brown
Publisher : Cambridge University Press
ISBN 13 : 1139482017
Total Pages : pages
Book Rating : 4.1/5 (394 download)

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Book Synopsis Understanding Labor and Employment Law in China by : Ronald C. Brown

Download or read book Understanding Labor and Employment Law in China written by Ronald C. Brown and published by Cambridge University Press. This book was released on 2009-10-12 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Continued economic prosperity in China and its international competitive advantage have been due in large part to the labor of workers in China, who for many years toiled in underregulated workplaces. More recently, labor law reforms have been praised for their progressive measures and, at the same time, blamed for placing too many economic burdens on companies, especially those operating on the margins, which in some cases have caused business failures. This, combined with the global downturn and the millions of displaced and unemployed Chinese migrant laborers, has created ongoing debate about the labor laws. Meanwhile, the Chinese Union has organized many of the Global Fortune 500 companies, and a form of collective bargaining is occurring. Workers are pursuing their legal labor rights in increasing numbers. This book provides a clear overview of the labor and employment law environment in China and its legal requirements, as well as practices under these laws used to deal with labor issues.

Re-Visiting the Chinese 'Land-Mark Cases' of Employment Discrimination in Light of Theories of Employment Discrimination and American Adjudication Pra

Download Re-Visiting the Chinese 'Land-Mark Cases' of Employment Discrimination in Light of Theories of Employment Discrimination and American Adjudication Pra PDF Online Free

Author : Dessie Tilahun Ayalew
Publisher : Eliva Press
ISBN 13 : 9781636481418
Total Pages : 58 pages
Book Rating : 4.4/5 (814 download)

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Book Synopsis Re-Visiting the Chinese 'Land-Mark Cases' of Employment Discrimination in Light of Theories of Employment Discrimination and American Adjudication Pra by : Dessie Tilahun Ayalew

Download or read book Re-Visiting the Chinese 'Land-Mark Cases' of Employment Discrimination in Light of Theories of Employment Discrimination and American Adjudication Pra written by Dessie Tilahun Ayalew and published by Eliva Press. This book was released on 2021-03-22 with total page 58 pages. Available in PDF, EPUB and Kindle. Book excerpt: The People's Republic of China (PRC) is an old country with a socialist orientation of its characteristics. Thus, actual empowerment and rights recognized by the working force are something that seeks attention. But the age of labor law as well as social movements for guaranteeing worker's rights is a very young legal regime and practice while comparing it with the American counterpart. The Labour Contract Law of PRC started and promulgated in 1994 and the first social movement of workers against employment discrimination happened only at the beginning of this millennium. The social movements of Chinese workers against employment discrimination and passed through right-based litigation gave a clue and hint that workers can guarantee their constitutional rights if properly alleged before courts of law as per constitutional rights. Because the Chinese courts have an active role in judicial activism, it is difficult to say that the Chinese employment discrimination cases are judge-made. Thus, this paper tried to re-examine the 'grand employment discrimination cases in light of the distinguished jurisprudence of theories of discrimination and American adjudication. The paper argued that though the employment discrimination cases of Chinese are at the beginning stage, they are a breakthrough by themselves and should be developed further in light of the basic theories of discrimination and Chinese Courts should draw lessons as well strengthen their independence.

China and ILO Fundamental Principles and Rights at Work

Author : Virginia Brás Gomes
Publisher :
ISBN 13 : 9789041149848
Total Pages : 0 pages
Book Rating : 4.1/5 (498 download)

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Book Synopsis China and ILO Fundamental Principles and Rights at Work by : Virginia Brás Gomes

Download or read book China and ILO Fundamental Principles and Rights at Work written by Virginia Brás Gomes and published by . This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Although China is not new to labour law - it was among the founders of the International Labour Organisation (ILO) in 1919 - labour conditions in China today are the subject of concern to observers both inside China and in the international community. In response, China has devoted much attention recently to reforming its labour law system, a process driven by a political reorientation towards labour protection in the context of economic globalization. However, labour disputes and labour unrest continue to proliferate. Using as its starting point an international research seminar held at Helsinki University in January 2013, this volume gathers a remarkable array of academic perspectives on China and its legal system by scholars from China, the United States, and Europe into a stimulating and unique combination of commentary and analysis of the challenges relating to implementation of fundamental labour rights as spelled out in the landmark 1998 ILO Declaration on Fundamental Principles and Rights at Work in the Chinese setting. Importantly, the analysis fully takes into account action in relation to the promotion of labour rights by not only the Chinese government but local governmental authorities, trade unions, enterprises, and other actors. Each author focuses on a different aspect of how these fundamental labour rights operate in the Chinese legal environment and the kinds of obstacles met in their protection. Among the issues that arise are the following: gaps between ILO conventions and Chinese national laws occurring in the transformation of international obligations into domestic laws; how parties to a labour dispute cases may invoke ILO conventions before courts or administrative authorities; market obstacles caused by linking trade with observance of labour standards; the trade union rights framework in China; bottom-up pressures from workers' collective action; conflicts between Chinese state-owned enterprises and their employees; complications in informal employment labour relations; the growing divide between statute law and legal practice; implementation of the anti-discrimination law; discrimination due to China's household registration system; and corporate social responsibility. Many of the challenges relating to implementation of fundamental labour rights discussed in this volume can be considered common to many countries. The book offers new research questions and a wider scope of analysis, and also provides new tools for discussion regarding the promotion of fundamental labour rights.

United States Code

Author : United States
Publisher :
ISBN 13 :
Total Pages : 1464 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis United States Code by : United States

Download or read book United States Code written by United States and published by . This book was released on 1971 with total page 1464 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Amnesty International Report 2015/2016

Author : Amnesty International
Publisher :
ISBN 13 : 9780862104924
Total Pages : 408 pages
Book Rating : 4.1/5 (49 download)

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Book Synopsis Amnesty International Report 2015/2016 by : Amnesty International

Download or read book Amnesty International Report 2015/2016 written by Amnesty International and published by . This book was released on 2016-07-26 with total page 408 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Constitutional Courts in Asia

Author : Albert H. Y. Chen
Publisher : Cambridge University Press
ISBN 13 : 110719508X
Total Pages : 407 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis Constitutional Courts in Asia by : Albert H. Y. Chen

Download or read book Constitutional Courts in Asia written by Albert H. Y. Chen and published by Cambridge University Press. This book was released on 2018-09-20 with total page 407 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comparative, systematic and critical analysis of constitutional courts and constitutional review in Asia.

Decisions and Orders of the National Labor Relations Board

Author : United States. National Labor Relations Board
Publisher :
ISBN 13 :
Total Pages : 1004 pages
Book Rating : 4.:/5 (31 download)

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Book Synopsis Decisions and Orders of the National Labor Relations Board by : United States. National Labor Relations Board

Download or read book Decisions and Orders of the National Labor Relations Board written by United States. National Labor Relations Board and published by . This book was released on 1984 with total page 1004 pages. Available in PDF, EPUB and Kindle. Book excerpt:

"Take Maternity Leave and You'll be Replaced"

Author : Yaqiu Wang
Publisher :
ISBN 13 :
Total Pages : 66 pages
Book Rating : 4.:/5 (125 download)

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Book Synopsis "Take Maternity Leave and You'll be Replaced" by : Yaqiu Wang

Download or read book "Take Maternity Leave and You'll be Replaced" written by Yaqiu Wang and published by . This book was released on 2021 with total page 66 pages. Available in PDF, EPUB and Kindle. Book excerpt: "... draws on court documents, surveys, social media posts, and media reports to detail the various forms of pregnancy-related discrimination women have experienced during the two-child policy era."--Publisher website.

World Report 2021

Author : Human Rights Watch
Publisher : Seven Stories Press
ISBN 13 : 1644210290
Total Pages : 910 pages
Book Rating : 4.6/5 (442 download)

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Book Synopsis World Report 2021 by : Human Rights Watch

Download or read book World Report 2021 written by Human Rights Watch and published by Seven Stories Press. This book was released on 2021-02-02 with total page 910 pages. Available in PDF, EPUB and Kindle. Book excerpt: The best country-by-country assessment of human rights. The human rights records of more than ninety countries and territories are put into perspective in Human Rights Watch's signature yearly report. Reflecting extensive investigative work undertaken by Human Rights Watch staff, in close partnership with domestic human rights activists, the annual World Report is an invaluable resource for journalists, diplomats, and citizens, and is a must-read for anyone interested in the fight to protect human rights in every corner of the globe.

East Asia's Haunted Present

Author : Tsuyoshi Hasegawa
Publisher : Bloomsbury Publishing USA
ISBN 13 : 0313356130
Total Pages : 276 pages
Book Rating : 4.3/5 (133 download)

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Book Synopsis East Asia's Haunted Present by : Tsuyoshi Hasegawa

Download or read book East Asia's Haunted Present written by Tsuyoshi Hasegawa and published by Bloomsbury Publishing USA. This book was released on 2008-06-30 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of essays by leading scholars from Japan, China, South Korea, and the United States examines how and why bitter historical memories have resurfaced in recent years as freshly virulent and contentious issues between Japan and its neighbors—especially China and South Korea. Moreover, it seeks to identify what set of conditions and what sequence of measures will enable these modern nations to manage, palliate, and exorcise the wrongs of the past in a spirit of reconciliation, so that the dangerous growth of nationalist resentments and revanchism can be checked. Comfort women ... the Yasukuni Shrine ... the history textbook controversies ... The single sorest issue confronting East Asia today is the growing animosity and conflict between Japan and its neighbors—especially China and South Korea—over their respective and collective memories of Japan's pre-1945 militaristic aggression, oppression, and atrocities. Even as East Asia has established itself as one of the most vibrant economic regions of the world, the strident nationalisms that have emerged here in the post-Cold War period have exacerbated historical grievances and heightened the international tensions that separate Japan from China and South Korea, blocking the development of an international system based on comity and cooperation.

Dying for an iPhone

Author : Jenny Chan
Publisher : Haymarket Books
ISBN 13 : 1642592048
Total Pages : 208 pages
Book Rating : 4.6/5 (425 download)

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Book Synopsis Dying for an iPhone by : Jenny Chan

Download or read book Dying for an iPhone written by Jenny Chan and published by Haymarket Books. This book was released on 2020-06-02 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: Suicides, excessive overtime, and hostility and violence on the factory floor in China. Drawing on vivid testimonies from rural migrant workers, student interns, managers and trade union staff, Dying for an iPhone is a devastating expose of two of the world’s most powerful companies: Foxconn and Apple. As the leading manufacturer of iPhones, iPads, and Kindles, and employing one million workers in China alone, Taiwanese-invested Foxconn’s drive to dominate global electronics manufacturing has aligned perfectly with China’s goal of becoming the world leader in technology. This book reveals the human cost of that ambition and what our demands for the newest and best technology means for workers. Foxconn workers have repeatedly demonstrated their power to strike at key nodes of transnational production, challenge management and the Chinese state, and confront global tech behemoths. Dying for an iPhone allows us to assess the impact of global capitalism’s deepening crisis on workers.’

Inheritance of Loss

Author : Yukiko Koga
Publisher : University of Chicago Press
ISBN 13 : 022641213X
Total Pages : 336 pages
Book Rating : 4.2/5 (264 download)

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Book Synopsis Inheritance of Loss by : Yukiko Koga

Download or read book Inheritance of Loss written by Yukiko Koga and published by University of Chicago Press. This book was released on 2016-11-28 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Inheritance of Loss, anthropologist Yukiko Koga tackles complex questions of how two nations previously at war come to terms with their troubled past. Her site is Northeast China, where Japan s imperial ambitions were pursued to devastating and murderous ends in the twentieth century. There the landscape, which is still peppered with missiles and unexploded chemical weapons from the war, is the backdrop for refurbished imperial architecture and revived Japanese businesses. But the national wounds of China and Japan s history problem cannot be stitched together solely through international trade. The author shows why mutual recognition of wartime atrocities is the only thing that can allay the persistent and sporadically explosive tensions between two of the most powerful countries in the Eastern hemisphere. A milestone in memory studies that incorporates sorely needed attention to materiality and political economy, Inheritance of Loss shows just how crucial imperial legacies will continue to be despite China s and Japan s attempts to leave the past behind in pursuit of a more prosperous future."

The Chinese Party-State in the 21st Century

Author : Andre Laliberte
Publisher : Routledge
ISBN 13 : 1134058284
Total Pages : 204 pages
Book Rating : 4.1/5 (34 download)

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Book Synopsis The Chinese Party-State in the 21st Century by : Andre Laliberte

Download or read book The Chinese Party-State in the 21st Century written by Andre Laliberte and published by Routledge. This book was released on 2007-12-18 with total page 204 pages. Available in PDF, EPUB and Kindle. Book excerpt: As the Chinese Communist Party continues to move away from socialism, it faces a growing number of challenges to the claim that it represents the sole legitimate governing body in China. In order to reaffirm itself as the most effective force for keeping the country together, the CCP has adapted to contemporary political conundrums in a variety of ways. Rejecting pessimistic perspectives which predict an erosion of state power or naive optimism that state-society relations will evolve towards a Western-style pluralist democracy in the foreseeable future, the contributions to this volume explore many ways in which the CCP selectively adapts to the challenges that have arisen from its strategy of rapid economic growth at the expense of political reform, in order to maintain its authority and relevance. Examining trends such as the reliance on religious charities originating from outside the PRC, the revival of local governance in urban settings, the passing of legislation for workers, or the multiplication of environmental non-governmental organizations, this book tackles the question of whether the Chinese government can overcome these challenges. The Chinese Party-State in the 21st Century: Adaptation and the Reinvention of Legitimacy will appeal to students and scholars of Chinese politics, Asian politics, comparative politics and political sociology.

The Financial Crisis and the Changing Role of Workers in China

Author : United States. Congressional-Executive Commission on China
Publisher :
ISBN 13 :
Total Pages : 40 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis The Financial Crisis and the Changing Role of Workers in China by : United States. Congressional-Executive Commission on China

Download or read book The Financial Crisis and the Changing Role of Workers in China written by United States. Congressional-Executive Commission on China and published by . This book was released on 2009 with total page 40 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Global Labor and Employment Law for the Practicing Lawyer

Author : Andrew P. Morriss
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041132651
Total Pages : 890 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Global Labor and Employment Law for the Practicing Lawyer by : Andrew P. Morriss

Download or read book Global Labor and Employment Law for the Practicing Lawyer written by Andrew P. Morriss and published by Kluwer Law International B.V.. This book was released on 2010-01-01 with total page 890 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recognition of the growing importance of global labour and employment law, the Center for Labor and Employment Law at New York University School of Law dedicated its 61st Annual Conference on Labor to an in-depth examination of issues arising in this area. This volume of the proceedings of the 2008 conference contains papers presented at that meeting, all here updated to reflect recent developments, as well as additional contributions from other practitioners and academics with extensive knowledge and experience in the field. Experts from both the practicing bar and academia - twenty-seven in all - use their unique strengths to address issues worthy of concern in each juridical realm. An unusual feature of this volume in the series is its in-depth attention to comparative law in the field, with exploration of developments in China, France, and New Zealand, as well as in European Union law. As always, this annual conference captures valuable insights and syntheses of central labour and employment law issues and will be of great value to practitioners and academics in the field.