2021 ◽  
Vol 16 (2) ◽  
pp. 30-59
Author(s):  
Tu Phuong Nguyen

Through a case study of workers’ protests to demand owed wages and social insurance benefits after foreign management had suddenly fled the country, this article discusses the moral and legal dynamics of labor dispute resolution in Vietnam. It examines the local government’s use of extralegal measures, which combine a tactical deployment of the law and moral responsibility, in brokering a resolution. The article argues that these measures, while aimed at addressing the legal challenges of supporting affected workers in the event of these so-called “cicada practices,” are limited in satisfying workers’ demands for justice as workers struggle to claim their legal rights and overcome their precariousness.


2019 ◽  
Vol 8 (4) ◽  
pp. 5244-5249

Negotiation is a method by which disputing parties settle their differences. It is a process by which compromise or agreement is reached while avoiding argument or dispute. However, the success of every negotiation depends largely on the disputant’s perceptions of each other on the negotiation table. This study investigated the influence of the perceptions of the representatives of the Academic Staff Union of Universities (ASUU) and the representatives of the Federal Government of Nigeria (FGN) in the negotiation process. In order to achieve the objectives of this study, a qualitative approach was adopted. A total number of 42 participants were interviewed through an in-depth face to face interview, 23 representatives from the side of the FGN and 19 representatives from ASUU. Findings from this study revealed that ASUU and the Nigeria government have not been able to resolve their labor dispute because of the government insincere and dishonest behavior in-terms of the implementation of her agreement reached with ASUU at the negotiation table. This study also found lack of explanation and apology from the side of the Nigeria government to ASUU especially when the government fail to implement the agreement reached by both parties. In contrast, the result of this study indicates that greed and selfishness, lack of compromise as their common perceptions of the representatives of the government about ASUU which often influence the successful outcome of the negotiation for some decades. This study concluded that, disputants cannot achieve a fruitful resolution outcome without a sincere and honest communication between the two parties at the negotiation table. In addition, negotiators cannot also reach a satisfactory win-win settlement point without cooperation and compromise between the two parties.


2020 ◽  
Vol 02 (01) ◽  
pp. 2050004
Author(s):  
Jieren Hu ◽  
Daniel Martin

The formal labor dispute resolution system of administrative organs, arbitration tribunal and courts which have been established to handle labor disputes remains an ineffective tool for migrant workers to resolve their disputes with their employers in China. Moreover, experience has exemplified that among the mediation style, non-official mediators have proven to be more effective in settling cases and helping migrant workers than mediators within the formal system. Taking “Little Bird,” a famous NGO for migrant workers rights protection in China, as an example, this article focuses on the problem of arrears in wages of migrant workers from a sociological-legal perspective. This article argues that the current legal system in China fails to adequately protect the legitimate rights and interests of migrant workers and that informal mediation may help resolve disputes between migrant workers and employers more efficiently. The effectiveness of NGO’s role in handling labor disputes as well as its limitations, would also be analyzed and discussed.


Law & Policy ◽  
2000 ◽  
Vol 22 (3‐4) ◽  
pp. 353-367 ◽  
Author(s):  
Kazutoshi Koshiro

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