scholarly journals Economic Development and the“Social Rights Hypothesis”: Regulating Labour Standards in China

2018 ◽  
Vol 5 (2) ◽  
pp. 315-331
Author(s):  
Mimi ZOU

AbstractThis paper provides a critical account of the various roles that labour-law regulation has played in China’s transition to a market-oriented economy. The analysis aims to contribute new insights to an ongoing debate on the relationship between economic development and legal rules and institutions in China. Discussions of social and labour rights have been on the periphery of a debate that has focused on property and contract rights (the so-called “Rights Hypothesis”). While numerous scholars have sought to debunk the explanatory power of the “Rights Hypothesis” in the case of China, I put forward an alternative “Social Rights Hypothesis.” My proposed hypothesis seeks to explain how labour-law rules and institutions have co-evolved with the emergence of a labour market in China’s economic development. Specifically, labour law has played not only a market-constituting role, but also market-corrective and market-limiting functions.

Author(s):  
Timm Luciano Benetti ◽  
Verçosa Fabiane

This chapter highlights labour law arbitration in Brazil. Traditionally, labour law in Brazil recognises two main groups of rights: individual and collective rights. Individual labour relations are concerned with the relationship between individual workers and their employers. Collective labour relations refer to the social relationships generated through processes of consultation and negotiation—over working conditions, labour standards, and other employment issues—between, on the one hand, the workers' collective or their representatives and, on the other hand, the employers or employers’ organization. Even before the Labour Legislation Reform of 2017, Brazilian legal order already provided in its Constitution and in other legal statutes the possibility of arbitration for collective labour rights. On the other hand, before the promulgation of the Labour Legislation Reform, there was no provision under Brazilian Law that would open the possibility of arbitration in the event of individual labour disputes.


2020 ◽  
pp. 13-24
Author(s):  
E. V. Krasnoyarova

From the perspective of the social purpose of labour law, it is interesting to analyse the provisions on the remuneration of an employee if he or she does not perform his or her work due to various circumstances. This article discusses the relationship between the concepts of «simple» and «non-compliance with labour standards». It is noted that the rules of law on payment for forced absenteeism and for simple absenteeism are somewhat illogical. Examples of law enforcement practices of courts are given. It is concluded that the rules on non-compliance with labour standards and on simple rules due to the fault of the employer need to be changed.


2016 ◽  
Vol 10 (2) ◽  
Author(s):  
Vlatka Bilas ◽  
Mile Bošnjak ◽  
Sanja Franc

The aim of this paper is to establish and clarify the relationship between corruption level and development among European Union countries. Out of the estimated model in this paper one can conclude that the level of corruption can explain capital abundance differences among European Union countries. Also, explanatory power of corruption is higher in explaining economic development than in explaining capital abundance, meaning stronger relationship between corruption level and economic development than between corruption level and capital abundance. There is no doubt that reducing corruption would be beneficial for all countries. Since corruption is a wrongdoing, the rule of law enforcement is of utmost importance. However, root causes of corruption, namely the institutional and social environment: recruiting civil servants on a merit basis, salaries in public sector competitive to the ones in private sector, the role of international institutions in the fight against corruption, and some other corruption characteristics are very important to analyze in order to find effective ways to fight corruption. Further research should go into this direction.


2020 ◽  
Vol 1 (1) ◽  
pp. 196-207
Author(s):  
Oksana Anatol’evna LAPAEVA ◽  

Relevance of the work. Nowadays, Russian enterprises and their employees are subjects of the labour, product, services market, and capital market. An analysis of the theory, methodology and practice of labour standards for workers in coalmining enterprises has shown that rate fixing, as one of the important institutions that regulate the quality, quantity and efficiency of labour use, restrains an employee’s subjectivity in the labour market. Lack of subjectivity is disadvantageous either to employees, or to management (to the owners of the enterprise, or the state), since it does not allow increasing labour efficiency, which is a source of workers’ dissatisfaction with the quality of working life and incomes, labour conflicts, insufficient to ensure the competitiveness of enterprises with increased productivity and labour safety, insufficient growth tax revenues to the state budget. These circumstances indicate the need to develop the theory and methodology of labour standards for workers of coal-mining enterprises aimed at increasing the market subjectivity of each employee of the enterprise by means of socio-economic standardization of his labour activity allowing the employee to satisfy his socioeconomic needs, and the enterprise to carry out socio-economic development as one of the conditions for effective functioning in a market environment. Purpose of the work – theoretical and methodological substantiation of the socio-economic standardization of labour activity of coal-mining workers as a real socio-economic phenomenon and a means to increase their market subjectivity, and for an enterprise to successfully realize the goals of socio-economic development in the conditions of high dynamics of the functioning environment. Methodology and methods of research. The methodology of socio-economic regulation of labour activity of workers is based on the theoretical and methodological provisions of the scientific organization of labour, the results of modern research on the development of labour standards in the context of the formation of a socially oriented market economy and an institutional approach that allows us studying the problems of functioning and changing the role of labour standards as one of the social and economic institutions that form the market subjectivity of the employee and the level of social -economic development of the enterprise. Results of the research. The key concepts of the methodology of socio-economic standardization are identified, the main provisions of the concept of socio-economic standardization of labour activity of coal-mining workers are developed. Conclusions. The increase in the market subjectivity of workers is ensured by the formation and adoption by the enterprise management of the socio-economic standardization of the labour activity of workers at all levels of management, which is based on the determination, establishment and maintenance of a measure of conformity of the social and economic benefits received by the employee, the results of his labour activity and the conditions for obtaining these results.


2020 ◽  
Vol 18 (3) ◽  
pp. 37-54
Author(s):  
Olena Rayevnyeva ◽  
Iryna Aksonova ◽  
Olha Brovko ◽  
Stanislav Filip

In the current conditions of development of the international and national economy, an important task of statistical research is to conduct an objective and timely assessment and modeling of the relationship between indicators of economic and social development. Based on the results of these studies, reasonable management influences of the state on the adjustment and regulation of the country’s development are accepted. The article is devoted to the study of the relationship between the main components of economic and social development of the country and the construction of a set of models for forecasting the prospects of the country. The object of the study is the socio-economic condition of the country. The article proposes an algorithmic model for assessing the impact of economic development on society, which allows to identify key economic indicators that influence and shape the social development of the country. The practical value of the algorithmic model is to develop a system of evaluation and selection as a result of modeling the most significant factors that shape the social development of the country. The study confirmed the hypothesis of the dominant impact of economic development on society and determined that the main economic factors are the level of competencies that satisfy the modern labour market, technical development of businesses and their competitiveness in markets.


2005 ◽  
Vol 20 (4) ◽  
pp. 901-934
Author(s):  
Pierre Verge

Would a codification of labour law — in the Continental meaning of the word, and not a mere consolidation of existing statutes — enhance the development of this field of law ? Would the resulting instrument be likely to generate more appropriate ways of dealing with labour situations, whether or not they pertain to a collective bargaining context ? Adjective as well as substantive law would have to be involved in such an exercise. The latter aspect raises the fundamental issue of the proper relationship between the general law — civil law essentially — and labour law. What degree of autonomy is necessary to the integrity of the specialized law ? Conversely, to what extent is the general law to be relied upon to provide the necessary second-line set of legal provisions ? For instance, the two sets of legal rules entertain different views as to the termination of the employment relationship and as to the effect of a collective agreement. A well-integrated body of labour law should, in the author's opinion, govern comprehensively labour situation. The codifying process would also aim at eliminating internal discrepancies and a simpler, more accessible legal subsystem would emerge. As to the adjective aspects of labour law, the identification of desirable forms of third-party intervention relating to both collective bargaining and labour standards legislation could lead to appropriate jurisdictional arrangements. In the case of industrial conflicts, of particular interest are the flexible powers of intervention with which the Canada and British Columbia labour boards are endowed. Consideration should also be paid to certain European models — namely the Conseil de prud'hommes — which allow both conciliation and adjudication to take place in the solving of normative law conflicts of application. A full-fledged Labour Code would indeed invite the setting up of a more authentic Labour Court.


2014 ◽  
Vol 687-691 ◽  
pp. 4568-4572
Author(s):  
Hai Chen Zhan

Modern logistics industry as an emerging industry, with the industrial division of labor with the social refinement and depth, to promote China's economic development has become an important industry and new economic growth point. This paper uses econometric approach to relations of the logistics industry and economic growth in Gansu Province made an empirical analysis reveals and Reveals the relationship between logistics industry and economic development in Gansu Province And for the results of the analysis are summarized and give relevant policy recommendations, hoping to provide a reference for the development of decision-making in Gansu.


Author(s):  
Guillaume Heuguet

This exploratory text starts from a doctoral-unemployed experience and was triggered by the discussions within a collective of doctoral students on this particularly ambiguous status since it is situated between student, unemployed, worker, self-entrepreneur, citizen-subject of social rights or user-commuter in offices and forms. These discussions motivated the reading and commentary of a heterogeneous set of texts on unemployment, precariousness and the functioning of the institutions of the social state. This article thus focuses on the relationship between knowledge and unemployment, as embodied in the public space, in the relationship with Pôle Emploi, and in the academic literature. It articulates a threefold problematic : what is known and said publicly about unemployment? What can we learn from the very experience of the relationship with an institution like Pôle Emploi? How can these observations contribute to an understanding of social science inquiry and the political role of knowledge fromm precariousness?


Author(s):  
Dario Melossi

This Chapter advances two claims which are related and sustain each other. The first is that in the contemporary “post-Fordist” world, the coupling of imprisonment and production persists in a relationship, if not between “the prison” and “the factory” – as Dario Melossi and Massimo Pavarini wrote 40 years ago – rather between “the prison” and “subordination”, because what all the multiple forms of “labor” and “non-labor” have in common – and have in common with the origins of protoindustrial capitalism – is subordination. The second is that the traditional reading of the “Rusche and Kirchheimer hypothesis” on the relationship between economic cycles and imprisonment depends on the specific conjuncture and class composition of the capitalist social formation to which it is applied. One thing is economic development in the period of Fordist mass industry and another in the globalized and fragmented labor market of neo-liberalism. Often imprisonment promotes phases of capitalist development rather than crises and recessions. Furthermore, subordination and inequality are strictly linked and feed on each other. Inequality promotes subordination, by putting the squeeze on those who are at the bottom of the social hierarchy; but subordination at the same time promotes inequality, by making sure that those who occupy those bottom positions, stay there. One strong link in the chain of subordination to inequality is penality, because penality reinforces inequality by reaffirming subordination. Data about long-run empirical relationships between imprisonment rates and inequality measures for the US and Italy are discussed.


Author(s):  
Islam Abdelbary ◽  
James K. A. Benhin

Economic development is one of the most controversial issues of economic history. The experience in development research of the past 50 years has demonstrated that development is possible but not inevitable. Governance over the last few decades has moved into the spotlight of development economists. The relationship between governance and development has been a highly debated topic. Therefore, the main purpose of this chapter is to critically examine the evidence on the governance-development relationship by providing systemic reviews of recent theoretical debate. This chapter is divided into three main sections. First, the chapter traces the concepts, elements, and theories of economic development, starting with Adam Smith and his classical school and finally recent theory on development which focus on institutions. The second section examines different perspectives of governance and identifies key governance indicators. The final section explores selected theories of governance and development emanating from several disciplines in the social sciences.


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