<i>Converging divergence</i>: the effect of China’s<i>Employment Contract Law</i>on signing written employment contracts

Wang, Fuxi; Song, Hang; Cheng, Yijie; Luo, Nanfeng; Gan, Bernard; Feng, Jiaojiao; Xie, Pengxin

doi:10.1080/09585192.2016.1164223

Cited by 15 publications

(9 citation statements)

References 35 publications

Supporting

Mentioning

Contrasting

Order By: Relevance

“…In particular, litigated remuneration disputes have almost doubled nationally from 87,494 in 2014 to 150,711 in 2017. Researchers and local authorities, including labour arbitration and People's Courts, have confirmed a similar upward trend in various regions (Li and Freeman, 2015;Meng, 2017;Park, 2017;Perisse, 2017;Wang et al, 2016;Zhou, 2014).…”

Section: Critics Of the Legislationmentioning

confidence: 86%

Juridification in Chinese Labour Law: a cautionary tale of remuneration disputes

Dong

2019

View full text Add to dashboard Cite

Purpose The purpose of this paper is to examine the post-enactment status of China’s Labour Contract Law and Labour Dispute Mediation and Arbitration Law, focusing on the dramatic rise in remuneration litigation amidst much criticism of weak or ineffective implementation of these laws. Design/methodology/approach This paper deploys both quantitative and qualitative analysis methods to investigate the features of remuneration litigation. Remuneration judgments by Beijing People’s Courts from 1 January 2014 to 31 December 2017 provide the primary empirical data. The intrinsic features of remuneration disputes are investigated to delineate subcategories of claims. Several judges were also interviewed to further explore the nature of remuneration disputes. Findings Four types of remuneration claims were identified: regular wage, minimum wage, overtime and others (including subsidies and welfare). Examination of these four types, especially how they are processed until concluded by court adjudication, provides a fuller picture of the post-enactment status of these laws and yields objective and rational findings. To explain the continuing steady rise in the volume of remuneration claims, as more workers have knowledge of their rights and access to the courts, this study identifies an increase in the number of factually complicated cases (e.g. overtime claims) and abmiguity in the relevant law, leaving some remuneration disputes difficult, if not impossible, to adjudicate. Conversely, the study also finds significant positive trends following these laws’ enactment, particularly a reduction in straightforward cases, such as disputes concerning non-payment of wages/minimum wages, on which the law is clear. It is evidently imperative to improve the clarity of the current laws through further legislation, as the most appropriate next step in China’s juridification process of developing its own rule of Labour Law. Research limitations/implications This study is purposely limited to examining remuneration litigation in Beijing’s courts from 2014 to 2017, which is representative of the national trend of dramatically rising remuneration disputes, and thus provides valuable insights. Future studies should cover a wider geographic territory and other categories of labour disputes to provide an even more comprehensive picture of the challenges and potential solutions. Practical implications By understanding the driving factors of rising labour remuneration disputes, the legislature, workers and employers can act accordingly to curb labour conflicts. The growing complexity and technicality of remuneration litigation indicates that the pressing need of labour juridification is to deploy a subtle, comprehensive method to improve legal clarity and judicial professionalism. Originality/value This study uniquely divides the types of remuneration litigation in Beijing, adopting methods and yielding findings absent from the prior literature. Both the progress and challenges in China’s rule of Labour Law process are reflected in this work, together with public policy and theoretical implications for further study.

show abstract

Section: Critics Of the Legislationmentioning

confidence: 86%

Juridification in Chinese Labour Law: a cautionary tale of remuneration disputes

Dong

2019

View full text Add to dashboard Cite

show abstract

“…The literature on China's employment relations in general has been dominated by management, social psychological and behavioural approaches. Management scholars focus on how Western human resource management (HRM) policies and practices have been transplanted to China and often refer to the convergence and divergence debate (Ding et al, 2000;Wang et al, 2016;Warner, 2008). Organisational behaviour and workplace relationships are also investigated by examining the impact of management practices on psychological and behavioural outcomes of employees (Chen et al, 2004).…”

Section: Employees' Acceptance Of New Management Systemsmentioning

confidence: 99%

Ingrained interests and path-dependency

Yang¹,

Yang²

2022

WOLG

View full text Add to dashboard Cite

This study is a sociological exploration of changes and interrelationships between production systems, management systems and employment relations through a case study of a Chinese state-owned enterprise (SOE) which has undergone substantial restructuring and reforms in an agriculture-dominated region that has witnessed rapid industrialisation. It draws on data collected through qualitative interviews, focus group discussions and workplace observation and participation. The findings suggest that while market, efficiency and performance have become the dominant discourse in China’s SOEs, various organisational actors have reconstructed their identities, engaged in constant negotiations and continued formal and informal rules that supported their interests.

show abstract

“…Other research (e.g. Wang et al, 2016) suggests that implementation of the ECL has increased the proportion of migrant workers signing continuing contracts, thereby also narrowing the gap with urban workers. Li and Freeman (2015) Meng (2017) found that less than 2% of migrant workers had signed continuing contracts in 2005, but after the new law, this had reached 15%-20%.…”

Section: Continuing Contracts: Security Versus Flexibility?mentioning

confidence: 99%

“…Most studies are qualitative, and where they are quantitative, their scope lacks nationwide survey data. One exception, Wang et al (2016), does use such data but addresses different research questions, investigating the ECL's effects on employers entering signed employment contracts rather than verbal ones. Second, previous studies focus primarily on differences in rates of signing of continuing contracts among workers with different household registrations.…”

Section: Continuing Contracts: Security Versus Flexibility?mentioning

confidence: 99%

“…Other research (e.g. Wang et al, 2016) suggests that implementation of the ECL has increased the proportion of migrant workers signing continuing contracts, thereby also narrowing the gap with urban workers. Li and Freeman (2015) investigated employment contracts signed in 2006, 2008 and 2009 by migrant workers in nine Pearl River Delta localities in South China.…”

Section: Literature Reviewmentioning

confidence: 99%

See 1 more Smart Citation

China’s Employment Contract Law: Does it deliver employment security?

Wang

Gan

Cheng³

et al. 2019

The Economic and Labour Relations Review

Self Cite

View full text Add to dashboard Cite

During its transition to a market economy, structural inequalities became increasingly apparent across China’s workforce, threatening social harmony. China’s 2008 Employment Contract Law, legislated amid policy debate, was intended to remedy these phenomena. We examine a crucial element of its remit: has its promotion of continuing contracts as against fixed-term employment contracts been effective? This is crucial for improving workers’ rights through secure employment. How have employers responded to this challenge to their prerogatives in terms of hiring and firing? We analysed data from 2007 and 2012 drawn from All-China Federation of Trade Unions surveys, which cover approximately 80,000 individuals. Using institutional theory, we discuss a variety of employer responses. We find that the Employment Contract Law has increased the likelihood of signing continuing contracts among migrant workers, employees in privately owned enterprises, and those with lower professional titles and who are short-term employees – all disadvantaged labour market categories previously. It has also significantly narrowed gaps regarding access to continuing contracts between these categories and matched advantaged ones. There is also evidence that some employers seek to avoid or sidestep compliance through cost-minimising worker engagement strategies. JEL Codes: J41, J53, K31

show abstract

Converging divergence: the effect of China’sEmployment Contract Lawon signing written employment contracts

Cited by 15 publications

References 35 publications

Juridification in Chinese Labour Law: a cautionary tale of remuneration disputes

Juridification in Chinese Labour Law: a cautionary tale of remuneration disputes

Ingrained interests and path-dependency

China’s Employment Contract Law: Does it deliver employment security?

Contact Info

Product

Resources

About