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China

  • Li Wenpei 
  • Yan Dong 
  • Chen Yifeng Email author
Chapter
Part of the Ius Comparatum - Global Studies in Comparative Law book series (GSCL, volume 32)

Abstract

The collective consultation system in China plays an equivalent function to collective bargaining. Promoted by the Chinese government and trade unions, the collective consultation system has become an essential aspect of labor regulation in China. Collective contracts have been widely signed in different sectors. However, the real effects of collective consultation and collective contracts are often called into question. The collective consultation system in China faces many pressing challenges in functioning as an effective tool to regulate volatile industrial relations. The difficulty is also exacerbated by economic globalization, as a consequence of which workers’ power to bargain is adversely affected. A number of legislative and institutional improvements are desirable with a view to further improving the system, including, for example, consolidating regulations on collective consultation into a single piece of law, strengthening the representativeness and participation of trade unions, and promoting transnational solidarity among workers.

References

  1. Biddulph S (2012) Responding to industrial unrest in China: prospects for strengthening the role of collective bargaining. Sydney Law Rev 34:35–63Google Scholar
  2. Brown RC (2006) China’s collective contract provisions: can collective negotiations embody collective bargaining. Duke J Comp Int Law 16:35–77Google Scholar
  3. Chan C, Hui E (2014) The development of collective bargaining in China: from collective bargaining by riot to party state-led wage bargaining. China Q 217:221–242CrossRefGoogle Scholar
  4. Chen S (2016) The collective contract system in China. In: Basedow J et al (eds) Employee participation and collective bargaining in Europe and China. Mohr Siebeck, Tübingen, pp 69–80Google Scholar
  5. Huang R (2015) 完善集体合同法律制度的思考 [Thoughts on improving the legal system of collective contract]. Labour Union Stud 5:23–26Google Scholar
  6. Hui E, Chan C (2014) The politics of labour legislation in Southern China: how foreign chambers of commerce and government agencies influence collective bargaining laws. Int Labour Rev 153:587–607CrossRefGoogle Scholar
  7. Li J (2016) Collective contracts and trade unions in China. In: Basedow J et al (eds) Employee participation and collective bargaining in Europe and China. Mohr Siebeck, Tübingen, pp 103–127Google Scholar
  8. Liu M, Kuruvilla S (2017) The State, the Unions, and collective bargaining in China: the good, the bad, and the ugly. Comp Labor Law Policy J 38:187–210Google Scholar
  9. Pan X (2008) 新时期我国非公有制企业劳资冲突问题研究 [Research on conflicts between labor and capital in non-public ownership enterprises in China in the New Era]. Doctoral Dissertation, Shandong UniversityGoogle Scholar
  10. Tian Y (2014) 国际政策扩散与国内制度转换——劳资集体谈判的中国路径 [International policy diffusion and domestic institutional transition: China’s path to collective bargaining]. World Econ Polit 7:118–138Google Scholar
  11. Wang Q (2017) 劳动法 [Labor law], 4th edn. Law Press, BeijingGoogle Scholar
  12. Wu Q, Sun Z (2014) Collective consultation under quota management: China’s government-led model of labour relations regulation. Int Labour Rev 153:609–633CrossRefGoogle Scholar
  13. Yang Z (2014) 地方工会“上代下”与工资集体协商——以南海本田事件为例的研究 [Collective wage negotiations through representation by trade unions at a higher level—the case of Nanhai Honda]. J Soc Sci 11:69–78Google Scholar
  14. Zhao Y (2009) China’s new labor dispute resolution law: a catalyst for the establishment of harmonious labor relationship. Comp Labor Law Policy J 30:409–430Google Scholar
  15. Zheng Q (2011) 中国集体合同制度法律建设的思考——个地方立法看发展走向 [Reflections on the legal construction of China’s collective contract system: seen from local regulations]. J China Univ Labor Relat 4:8–13Google Scholar

Copyright information

© Springer Nature Switzerland AG 2019

Authors and Affiliations

  1. 1.School of Law, Chinese Academy of Industrial RelationsBeijingChina
  2. 2.School of Law, Beijing Foreign Studies UniversityBeijingChina
  3. 3.Peking University Law SchoolBeijingChina

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