Trade Unions and the Quadripartite Interactions in Strike Settlement in China

2010 ◽  
Vol 201 ◽  
pp. 104-124 ◽  
Author(s):  
Feng Chen

AbstractAlthough the Chinese government has claimed to be pursuing tripartism for labour relations, the non-judicial resolution of interest conflict in enterprises is largely a process of quadripartite interaction. In addition to the government and employers, the trade unions and workers are separate players: labour strikes in China are always launched by unorganized workers rather than by trade unions, whose task is to defuse the situation. Such a quadripartite process is dominated by the government, with the trade union playing a mediating role, not only between workers and the government but also between workers and employers. The process involves certain explicit and implicit rules, as well as distinct dynamics. This research examines the institutional and social basis of quadripartite interaction and how it led to the settlement of strikes. It demonstrates that although it can effectively defuse workers' collective action, a quadripartite process of conflict resolution reflects a low degree of institutionalization of industrial relations in China.

2009 ◽  
Vol 64 (2) ◽  
pp. 250-269 ◽  
Author(s):  
Karen Lang ◽  
Mona-Josée Gagnon

Many analysts of Brazilian industrial relations share a determinist vision of the country’s trade unionism, according to which the unions maintain a paradoxical yet atavistic relationship with the heavy body of laws that provide them with advantages while limiting their freedom. We tested this vision by conducting field enquiries into the daily activities of two Brazilian unions: the ABC Metalworkers Union and the Seamstress Union for the Sao Paulo and Osasco Region. In this article, we present the results of our case studies and what they reveal about Brazilian trade unionism’s relationship with the labour legislation. We also briefly discuss former trade union leader and current President Lula’s recent attempts to reform the country’s labour relations system.


1993 ◽  
Vol 18 (3) ◽  
pp. 3-12 ◽  
Author(s):  
N R Sheth

The process of rationalization and liberalization dominating the government's new economic policy (NEP) is an inevitable part of India's need to exist and grow with dignity in the emerging global economy. While this implies freedom and flexibility for industry, this has also led to incidence of labour redundancy, unemployment and casualization. With the government committed to full employment in the current five-year plan and the trade unions bearing a crucial social responsibility to protect workers' interests, the industrial relations issues involved in NEP need to be resolved amicably. This paper by N R Sheth examines these issues in detail and discusses the need for a meaningful dialogue among the various concerned parties in an atmosphere of mutual trust.


2018 ◽  
Vol 24 (2) ◽  
pp. 163-178
Author(s):  
Imre Szabó

The changing composition of trade unions has far-reaching consequences for the relationship between unions and the polity. In particular, the concentration of trade union membership in the public sector – a process that has been taking place in most EU countries – implies a shift away from collective agreements towards legislation as the dominant way of managing employment relations. Pluralist models of collective bargaining assume a neutral, mediating role of the state, but in the public sector the state by definition acts as an employer as well. The state is equipped with the sovereign power to circumvent traditional bargaining agreements and force its will upon trade unions through legislation. The article investigates major bargaining disputes in Europe after 2008, focusing on two countries (Ireland and Denmark) that have different political environments and that, although affected differently by the financial crisis, underwent similar government interventions in labour relations. The findings suggest that a shift towards legislation is a tendency that affects all types of industrial relations systems.


1980 ◽  
Vol 22 (4) ◽  
pp. 453-475 ◽  
Author(s):  
Michael Wright ◽  
Nixon Apple

Increasingly, economic debate in Australia and other Western, developed economies is directed to the interdependence and potential conflict between the out come of labour market negotiations and government economic policy. Industrial relations becomes identified as a cause of economic problems and governments have been attracted to policies that seek to alter the outcome of labour market negotia tions, using what are often termed "incomes policies". However, because of the nature of industrial relations, incomes policies which might be established to express government demands also have an influence over the balance of powers and relations within the economy. This dynamic process presents problems for practitioners and academics assessing the full effect of incomes policies. The corporatist model developed by Leo Pantich is one useful model of the changes that can occur in trade union, employer and government relations under incomes policy conditions. Draw ing on the flexibility of such a process model, this article details the development of incomes policies in Britain and Sweden, examining the changing relationships and powers that have occurred when the parties (and especially the trade unions) have responded to the demands such policies make on industrial relations. The differences in trade union reactions to industrial relations adjustment provide lessons and experiences for any economy where the government seeks to direct labour market negotiations. In terms of the impact on trade unions particularly and industrial relations in general, the British and Swedish lessons offer valuable insights for Australia. Examining the dynamic incomes policy effects in Australia, we conclude that only if industrial relations practitioners and trade unionists are aware of the dynamic pressures of intervention and respond in a structured manner can they avoid the traps identified by British experience and benefit from the opportunities offered by Swedish initiatives.


Legal Studies ◽  
1982 ◽  
Vol 2 (1) ◽  
pp. 34-52
Author(s):  
Richard Kidner

For the past 75 years the Trade Disputes Act 1906 has been regarded as a statute of fundamental importance, both for its provisions and for the fact that it established that the future of labour relations in Britain was to be placed firmly on the basis of voluntary collective bargaining rather than arbitration. This Act is often regarded as an immutable foundation of principle based on well debated theory, but it would be a mistake to ascribe such grandiose origins to this particular statute, for it was the result of a combination of political pressure by the trade unions, the nascent Labour Party and the Liberal Radicals, the retreat of the government from its own Bill for political expediency, and the opposition's concern with other problems. Accordingly the Bill had a most remarkable journey through Parliament and the story is not only interesting in itself but also it illustrates many of the theoretical difficulties that face any reform of the law of trade disputes today.


Author(s):  
Mahadirin Ahmad ◽  
Kee.Y.Sabariah Kee Mohd Yussof ◽  
Noor Syakirah Zakaria

Perkembangan pergerakan buruh dan senario hubungan industri di Malaysia telah bermula sejak tahun 1920-an lagi yang turut dipengaruhi oleh dasar pentadbiran British di Tanah Melayu. Sejak detik itu, kesatuan sekerja terus berkembang di Tanah Melayu dan mengalami proses perubahan kesan tindakan kawalan dan pelbagai sekatan termasuklah pengenalan Undang-undang Darurat pada Tahun 1948.Dasar kawalan dan sekatan tersebut terus diamalkan sehingga negara mencapai kemerdekaan pada tahun 1957. Berdasarkan tinjauan terhadap sorotan literatur, terdapat berbagai perubahan tertentu mengenai dasar perburuhan mengikut kepimpinan tertinggi negara iaitu Perdana Menteri yang turut mempengaruhi sistem hubungan industri di Malaysia. Sejak kemerdekaan dicapai, pemimpin atau Perdana Menteri Pertama di Malaysia iaitu Tunku Abdul Rahman telah mencorakkan sistem hubungan industri yang berubah dari sistem voluntary kepada corak compulsory arbitration melalui penguatkuasaan Akta Perhubungan Perusahaan, 1967. Manakala perubahan telah berlaku pada zaman pemerintahan Perdana Menteri kedua, iaitu Tun Abdul Razak yang telah memperkenalkan sistem akomodatif antara kesatuan sekerja dan majikan. Perubahan seterusnya berlaku pada tahun 1976 apabila Tun Hussien Onn telah menggubal dasar perburuhan yang lebih ketat ke atas pergerakan kesatuan sekerja. Perubahan terus berlaku melalui kepimpinan baru pada tahun 1981 di bawah pentadbiran Tun Dr. Mahathir Muhammad yang telah memperkenalkan pelbagai dasar bagi menyokong proses perindustrian negara. Antaranya ialah Dasar Pandang ke Timur yang telah menggalakkan kewujudan kesatuan sekerja dalaman. Selain itu, penggunaan Akta Keselamatan Dalam Negeri (ISA) turut diperluaskan bagi mengawal pemimpin kesatuan yang cenderung bersifat konfliktual. Perubahan seterusnya berlaku pada era pentadbiran Tun Abdullah yang memperkenalkan corak pentadbiran Islamik melalui amalan Islam Hadari sejak tahun 2003. Peringkat seterusnya adalah di bawah pentadbiran Datuk Seri Mohd. Najib Tun Abdul Razak yang memperkenalkan program transformasi negara dan konsep 1 Malaysia sejak tahun 2009. Peringkat terkahir ialah pada era Malaysia Baharu di bawah Pentadbiran Tun Dr. Mahathir Mohammad setelah kemenangan Pakatan Harapan dalam Pilihanraya Umum ke-14 pada tahun 2018. Berdasarkan senario tersebut, kertas kerja ini menjelaskan perubahan dasar kerajaan serta tahap penerimaan pergerakan kesatuan sekerja sepanjang era pemerintahan keenam-enam Perdana Menteri Malaysia. Akhirnya, analisis perubahan tersebut dibincangkan berkaitan implikasinya terhadap kelangsungan kesatuan sekerja yang turut mempengaruhi corak hubungan industri di Malaysia.   The development of the labour movement and the industry relations scenario in Malaysia began in the 1920s, which were influenced by the British administration policies in Malaya. Since then, the trade unions continued to grow in Malaya and experienced a process of change because of the control measures and various restrictions including the Emergency Law in 1948. The policies and controls were practiced until the country gained independence in 1957. Based on the literature review, there are certain changes in the labour policy based on the country’s highest leadership, the Prime Minister, which also affects the industrial relations system in Malaysia. Since independence, the leader or the first Prime Minister of Malaysia, Tunku Abdul Rahman had shaped the industrial relations system from a voluntary system to a compulsory arbitration through the enactment of the Industrial Relations Act, 1967. Meanwhile, changes have taken place during the reign of the second Prime Minister, Tun Abdul Razak, who introduced the accommodation system between the trade union and the employers. The next change occurred in 1976 when Tun Hussein Onn drafted a more stringent labour policy on the trade union movement. Change continued through the new leadership in 1981 under the administration of Tun Dr. Mahathir Muhammad who introduced various policies to support the country's industrial process. Among them is the Look East policy that promotes the existence of internal trade unions. In addition, the use of the Internal Security Act (ISA) has also been extended to control union leaders who tend to be conflicted. The next change occurred in the era of Tun Abdullah’s administration, which introduced the Islamic administration pattern through Islam Hadari practices since 2003. The next stage is under the administration of Datuk Seri Mohd Najib Tun Razak, who had introduced national transformation and the 1 Malaysia concept. The final stage is in the New Malaysia era under the leadership of Tun Dr Mahathir Mohammad after Pakatan Harapan’s 2018 victory in the 14th general election. Based on these scenarios, this paper aims to explain the changes in the government policies, and the level of acceptance of the trade unions during the reign of all the six Prime Ministers. Finally, the analysis of these changes will be discussed in terms of their implications on the sustainability of trade unions that influences the pattern of industrial relations in Malaysia.        


2016 ◽  
Vol 38 (2) ◽  
pp. 267-285 ◽  
Author(s):  
Xiaoyi Wen

Purpose – Collective bargaining (CB) in China is perceived as inadequate, thanks to the lack of trade union independence and representation. However, CB of the sweater industry in Wenling, one of the world’s largest manufacturing centre, shows another tendency. Using Wenling as the case, the purpose of this paper is to explore whether a new form of CB is emerging in China. Design/methodology/approach – This paper uses a qualitative case study approach, and covers stakeholders, including the government, trade union, sweater association, workers and employers. Findings – In China, trade unions are constrained by corporatism and therefore cannot become the effective agents of CB. However, the increased industrial conflicts could in effect push employers to become the engine of change. This paper finds that employers endeavour to use CB as a tool to stabilise employment relations and neutralise workers resistance. Consequently, a gradual transition in labour relations system is on the way, characterised by “disorderly resistance” to “orderly compliance” in the working class. Research limitations/implications – The case industry may not be sufficient in drawing the details of CB in China, while it provides the trend of change. Originality/value – Conventional wisdom on the Chinese labour relations and CB tends to ignore the employer’s perspective. This paper partially fills in the gap by offering CB and change of employment relations from the aspect of employers.


Author(s):  
Ifeanyi P. Onyeonoru ◽  
Kehinde Kester

Social dialogue as an aspect of the International Labour Organisation (ILO) is aimed at promoting industrial democracy by encouraging consensus building among social partners in the work place. The significance lies, among others, in minimising conflicts to enable harmonious industrial relations. This study utilized specific case illustrations to examine the inclination of the Nigerian government towards social dialogue in government-labour relations, with particular reference to the Obasanjo era 1999-2007— a period associated with the globalization of democracy. The cases included the minimum wage award 2000, University Autonomy Bill, the price deregulation of the downstream oil sector and the Trade Union Amendment Bill 2004. It was found that the government exhibited a penchant for authoritarianism in spite of the globalization of democracy. This was evident in the incapacity of the Obasanjo government to engage the social partners in social dialogue as indicated by the cases reviewed. The study, however, highlighted the modest contribution to social dialogue made by the wider democratic structure. It was concluded that the government had limited capacity for consensus building, accommodation of opposition and negotiated outcomes in government-labour relations


Author(s):  
Cécile Guillaume

Abstract Based on in-depth qualitative research conducted in one of the major French trade unions (the CFDT), this article explores to what extent and under what conditions trade unions adopt different legal practices to further their members’ interests. In particular, it investigates how ‘legal framing’ has taken an increasingly pervasive place in trade union work, in increasingly decentralised industrial relations contexts, such as France. This article therefore argues that the use of the law has become a multifaceted and embedded repertoire of action for the CFDT in its attempt to consolidate its institutional power through various strategies, including collective redress and the use of legal expertise in collective bargaining and representation work.


1997 ◽  
Vol 8 (1) ◽  
pp. 22-43 ◽  
Author(s):  
Seoghun Woo

This paper argues that the future direction for the development of Korean industrial relations will evolve through direct interaction between employers and trade unions (either conflictual or cooperative). The government is likely to play a less interventionist role in industrial relations, compared with the past, and to adopt the role of mediator between unions and employers. Characteristics of Korean industrial relations during the pre- 1987 period is firstly examined; four major factors are used to explain the industrial relations practice during this time. Changes after 1987 are also considered. Special consideration is given to interaction between the environment and the three major industrial relations participants, and the interactions between them. Both macro and micro aspects of industrial relations are examined. The special Presidential Address (26/04/1996), known as New Conception of Industrial Relations, is also analysed in terms of its implications for future industrial relations issues in Korea.


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