The Development of Collective Bargaining in China: From “Collective Bargaining by Riot” to “Party State-led Wage Bargaining”

2013 ◽  
Vol 217 ◽  
pp. 221-242 ◽  
Author(s):  
Chris King-Chi Chan ◽  
Elaine Sio-Ieng Hui
Keyword(s):  
Collective Bargaining ◽  
Trade Union ◽  
Negotiation Process ◽  
Wage Bargaining ◽  
Chinese Government ◽  
Policy Changes ◽  
Labour Relations ◽  
Collective Negotiation ◽  
Near Future ◽  
Party State

Abstract2010 was a turbulent year for labour relations in China. The wave of strikes sparked by the Honda workers has highlighted the urgent need for trade union reform and workplace collective bargaining. In response to this turbulence, the Chinese government has stepped up efforts to promote the practice of collective bargaining, which had been neglected under the existing “individual rights-based” labour regulatory framework. In the midst of rapid social and policy changes, this article aims to examine the effect of labour strikes on the development of collective bargaining in China. The authors argue that, driven by growing labour protests, the collective negotiation process in China is undergoing a transition, from “collective consultation as a formality,” through a stage of “collective bargaining by riot,” and towards “party state-led collective bargaining.” This transition, however, is unlikely to reach the stage of “worker-led collective bargaining” in the near future.

Trade Unions and the Quadripartite Interactions in Strike Settlement in China

2010 ◽  
Vol 201 ◽  
pp. 104-124 ◽  
Author(s):  
Feng Chen
Keyword(s):  
Conflict Resolution ◽  
Trade Union ◽  
Trade Unions ◽  
Industrial Relations ◽  
Chinese Government ◽  
Labour Relations ◽  
Mediating Role ◽  
Social Basis ◽  
Low Degree ◽  
The Government

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.

scholarly journals DETERMINING THE THRESHOLD FOR ORGANIZATIONAL RIGHTS: THE LEGAL QUAGMIRE FACING MINORITY UNIONS RESOLVED – South African Post Office v Commissioner Nowosenetz No (2013) 2 BLLR 216 (LC)

Obiter ◽  
2021 ◽  
Vol 34 (3) ◽  
Author(s):  
Clarence Tshoose
Keyword(s):  
Collective Bargaining ◽  
South African ◽  
Trade Union ◽  
Trade Unions ◽  
Post Office ◽  
Labour Relations ◽  
Industry Level ◽  
Pluralistic Approach ◽  
The Right ◽  
Conditions Of Employment

The issue of organizational rights facing minority unions has been a quagmire since the advent of the Labour Relations Act 66 of 1995(hereinafter “the LRA”). This quagmire exists, notwithstanding the fact that the Constitution affords every trade union the right to engage in collective bargaining (s 23 of the Constitution, 1996). The acquisition of organizational rights by trade unions plays a crucial rolein as far as collective bargaining is concerned. It is through collective bargaining that unions are able to negotiate with employers regarding the terms and conditions of employment. Commentators have often viewed the LRA as favouring larger unions and as conferring clear advantages on unions with majority support at the industry level. Chapter III of the LRA regulates collective bargaining. Whereas this chapterostensibly promotes a pluralistic approach to organizational rights it is unequivocally biased towards majoritarianism. This is the case despite minority trade unions fulfilling an important role in the current labour system especially when it comes to the balance of powerin the employment arena. In light of the above, the legal quagmire faced by the minority unions in the quest for acquiring organisation rights in terms of the relevant provisions of the LRA is clearly illustrated by the decision in South African Post Office v Commissioner Nowosenetz No ((2013) 2 BLLR 216 (LC) (hereinafter “ the South African Post Office case”)).

scholarly journals The Impact of the Labour Relations Act on Minority Trade Unions: A South African Perspective

2017 ◽  
Vol 16 (4) ◽  
pp. 284
Author(s):  
Johan Kruger ◽  
Clarence Itumeleng Tshoose
Keyword(s):  
Collective Bargaining ◽  
South African ◽  
Trade Union ◽  
Trade Unions ◽  
Freedom Of Association ◽  
Labour Relations ◽  
Labour Standards ◽  
International Labour Standards ◽  
The Right ◽  
The Impact

The advent of the new political dispensation in 1994 heralded the coming of a new labour dispensation. Labour relations and labour policies changed significantly from that which prevailed under the previous government. The review of the labour legislation framework was at that stage a priority for the new government, with specific focus on the review of the collective bargaining dispensation. The abuse of trade unions under the previous government gave rise to a unique entrenchment of labour rights in the Constitution. The drafters thereof were determined to avoid a repetition of this abuse after 1994. Section 23 of the Constitution goes to great lengths to protect, amongst others, the right to form and join a trade union, the right of every trade union to organise and the right of every trade union to engage in collective bargaining. In furtherance of section 23(5) of the Constitution, the Labour Relations Act 66 of 1995 was promulgated. One of the most significant changes of the LRA was that it now provided for legislated organisational rights. Commentators have often viewed the LRA as favouring larger unions and as conferring clear advantages on unions with majority support at the establishment or industry level.  It is within this context that this article examines the impact of section 18 of the LRA on the constitutionally entrenched right of every person to freedom of association, the right of every trade union to engage in collective bargaining, and the right of every trade union to organise. Furthermore, this article explores the justifiability of the impact of section 18 on minority trade unions in terms of international labour standards and the Constitution. In part one the article examines the concept of majoritarianism, pluralism and industrial unionism in the context of South African Labour market. Part two deals with the impact of section 18 of the LRA on minority Trade Unions. Whilst part three explores the concept of workplace democracy. Part five investigates the applicability of international labour standards in the context of the right to freedom of association. Part four ends up with conclusion and recommendations on the impact of section 18 of the LRA.

scholarly journals Debates on Constitutionalism and the Legacies of the Cultural Revolution

2016 ◽  
Vol 227 ◽  
pp. 674-696 ◽  
Author(s):  
Wu Changchang
Keyword(s):  
Collective Bargaining ◽  
Trade Union ◽  
Cultural Revolution ◽  
Migrant Workers ◽  
Trade Unions ◽  
Constituent Power ◽  
Historical Trajectory ◽  
Party State ◽  
The Cultural Revolution

AbstractThis article focuses on the debate surrounding constitutionalism that has been driven by a constitutionalist alliance of media reporters, intellectuals and lawyers since 2010, and follows its historical trajectory. It argues that this debate forms a discourse with a structuring absence, the roots of which can be traced back to the taboos surrounding the Cultural Revolution, the 1975 Constitution, and everything associated with them. The absence manifests itself in the silence on workers' right to strike, a right which was deleted from the 1982 Constitution in an attempt to correct the ultra-leftist anarchy of the Cultural Revolution. Previous and in contrast to that, there was a Maoist constitutional movement in the Cultural Revolution, represented by the 1975 Constitution, that aimed to protect the constituent power of the workers by legalizing their right to strike. Today, we are witnessing the rise of migrant workers as they struggle for trade union reform and collective bargaining with little support from the party-state or local trade unions. In this context, a third constitutional transformation should be considered that is not a return to the 1975 Constitution but which instead adds some elements which protect labour's right to strike to the 1982 Constitution.

Labour resistance and worker attitudes towards trade union reform in China

2016 ◽  
Vol 38 (5) ◽  
pp. 724-740 ◽  
Author(s):  
Kan Wang
Keyword(s):  
Trade Union ◽  
Content Type ◽  
Labour Movement ◽  
Labour Relations ◽  
Worker Attitudes ◽  
Textile And Apparel ◽  
Interview Methods ◽  
Labour Disputes ◽  
Research Period ◽  
Party State

Purpose – Drawing its arguments and conclusion from a ten-year survey on workers’ experiences of labour disputes, along with anticipation of trade union reform, the purpose of this paper is to discuss the interaction between labour resistance and its potential for institutional change in the field of labour relations in China. Design/methodology/approach – This paper uses a longitudinal cohort study carried out between 2006 and 2015. The survey was conducted every two years, specifically in 2006, 2008, 2011, 2013 and 2015, in Guangdong Province, China. Questionnaire and interview methods were used; 2,166 valid sample questionnaires were collected, and 215 interviews were carried out over the research period. Findings – An increase in collectivized disputes in China has given rise to an escalation of labour action, characterized by wildcat strikes. Joint action has strengthened the bonds among work colleagues, and it has become more important for workers to pay attention to their rights and interests. In terms of organization, two viewpoints towards union reform were revealed: the pragmatist and the idealist perspectives. Workers with greater experience of resistance were more modest in terms of demands for union reform, while workers with some experience called for their union’s independence from the party-state. Research limitations/implications – The data contained industry bias, as too many respondents were from electronics-manufacturing and textile and apparel plants. Originality/value – This paper is original, and increases awareness of the development of the labour movement in China.

scholarly journals On the Possibility of a Supranational Collective Bargaining of Labour Relations within the BRICS Countries (The Experience of China, India and South Africa)

2018 ◽  
Vol 7 (3.14) ◽  
pp. 305
Author(s):  
Evgenia Evgenevna Frolova ◽  
Ksenia Mikhailovna Belikova ◽  
Natalia Vladimirovna Badaeva
Keyword(s):  
South Africa ◽  
Collective Bargaining ◽  
Labor Relations ◽  
Transnational Corporations ◽  
Organization Management ◽  
Labor Contract ◽  
Labour Relations ◽  
Brics Countries ◽  
Effective System ◽  
Near Future

The development of transnational corporations (TNC) raises the question of an effective system of organization management, in particular, in countries - members of the BRICS. The results of the study showed the use of a collective labor contract in organizations in India, China, South Africa is not widespread. Regulation of social and labor relations is limited to national features, mentality, traditions. For example, in China workers, due to the prevailing attitude and philosophy, do not seek to use a collective labor contract to regulate the relations with the employer. Based on a number of reasons shown in the article, the authors consider that most probably no major changes related to the regulation of labor relations in these countries will occur in the near future.  

Lessons in trade union law reform: the origins and passage of the Trade Disputes Act 1906

Legal Studies ◽  
1982 ◽  
Vol 2 (1) ◽  
pp. 34-52
Author(s):  
Richard Kidner
Keyword(s):  
Collective Bargaining ◽  
Trade Union ◽  
Trade Unions ◽  
Law Reform ◽  
Political Pressure ◽  
Trade Disputes ◽  
Labour Relations ◽  
The Past ◽  
Political Expediency ◽  
The Government

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.

scholarly journals Reforming Legislation on Collective Labour Relations Engaging Trade Union as a Party

2021 ◽  
Vol 6 ◽  
pp. 57-72
Author(s):  
Ivan Yatskevych
Keyword(s):  
Collective Bargaining ◽  
Trade Union ◽  
Trade Unions ◽  
Negative Impact ◽  
Local Level ◽  
Collective Agreement ◽  
Research Issues ◽  
Labour Relations ◽  
Trade Unionism ◽  
Adoption And Implementation

The paper covers problematic issues of reforming the legislation on collective labour relations with the participating trade union representing the interests and defending the rights of employees, consisting in a workers’ collective, during collective bargaining, concluding a collective agreement, holding a social dialogue on the local level. The article contains an analysis of a draft legislation such as draft laws On Labour, On Amending Certain Legislative Acts of Ukraine (Regarding Certain Issues of Trade Unions’ Activity), On Amending the Law of Ukraine On Collective Agreements and Contracts in order to reveal the main trends of the proposed drafts, their scientific analysis, and producing own conclusions regarding impact of these draft laws upon the efficiency of the trade unions movement in Ukraine.The study of the proposed amendments to certain legislative acts as well as corresponding conclusions are made in observance of the current trends in the development of judicial application of legislative provisions on the preferential right of a unit trade union to represent a collective’s interests during collective bargaining regarding concluding or amending a collective agreement at an enterprise or institution. The paper contains a discussion on problematic (from a perspective of legal exercising and research) issues of the current legislative provisions on the safeguarding implementation of trade unions competence conformity to the Constitution of Ukraine, ILO Convention No. 87, and the recent case-law.The accordance of principles of rule of law and legality, representation, and efficient representing of workers’ collective interests during the in-court dispute resolution regarding representing the collective of workers and accession to an effective collective agreement is highlighted.In the conclusion it is stated that there is a negative trend on further deterioration of the trade unions’ position as representatives of labour collectives empowered with representative and defensive functions in relations with employers. Besides that, it is stressed that adoption and implementation of the argued legislative initiatives will eventually cause deepening the crisis of trade unionism and deteriorating of social standards. It will make a negative impact on a person’s social security in the state. There are grounds to assert forming case-law acknowledging works councils as equally authorized representatives of the workers’ collective in collective bargaining. In the meantime, the practice of rejection of new trade union’s units to join an effective collective agreement within the employer’s enterprise persists. It is concluded with the necessity to improve the system of normative safeguards for the trade unions activity and creating an efficient mechanism for countering abuse of rights, including safeguarding provisions, by parties of collective labour relations.

Employer-initiated collective bargaining: a case study of the Chinese sweater industry

2016 ◽  
Vol 38 (2) ◽  
pp. 267-285 ◽  
Author(s):  
Xiaoyi Wen
Keyword(s):  
Collective Bargaining ◽  
Trade Union ◽  
Trade Unions ◽  
Gradual Transition ◽  
Employment Relations ◽  
Content Type ◽  
Labour Relations ◽  
Study Approach ◽  
The Government

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.

The Supply-Demand Research of Cultural and Tourism Industries Policies in China with the Impact of COVID-19

2020 ◽  
Vol 11 (1) ◽  
pp. 24-24
Author(s):  
Dr. Jianfei Yang
Keyword(s):  
Tourism Industry ◽  
Chinese Government ◽  
Cultural Industries ◽  
Real Situation ◽  
The Real ◽  
The World ◽  
The Impact ◽  
Near Future ◽  
Post Period

COVID-19 has made a bad influence on economic and society including cultural and tourism industry in China，2020.The industry has received a huge loss in the first quarter of the year and the situation is getting worse in the near future. It is believed that there will be a long impact for the country even the world. In order to recover the industry, Chinese government has published series of policies to support the enterprises and clusters to reduce the bad influence of COVID-19. This paper mainly uses filed survey and documentary research to map the real situation of the industry. It tries to find the policy demand of the industries and then analyze the policies published by government to conquer COVID-19. Meanwhile it will focus on whether the supply meet the demand and give suggestions on how to promote the policy efficiency in the post period of COVID-19 in China. Keywords: Evaluation; Cultural Industries; Policy; Park; Pandemic

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