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This study aims to decrypt the efforts made by Chinese people's courts nationwide to protect the rights of Chinese posted workers in the Belt & Road (B&R) countries by investigating labour litigation cases with an extraterritorial application of Chinese labour law (under the “doctrine of overriding mandatory labour rules”).

This study collected all labour litigation from 2014 to 2018 brought forward by Chinese posted workers in Chinese courts against Chinese enterprises regarding the performance of employment contracts in the B&R countries where Chinese labour laws were mandatorily applied under the doctrine of overriding mandatory labour rules. The study adopted a qualitive research approach to analyse the compiled cases to explore their characteristics and effects.

This study found that the volume of labour disputes in the B&R countries had a somewhat positive correlation to the amount of investment from China. However, this correlation was rather superficial when compared with the correlation to the type of industrial sector (e.g. the construction sector) and to the claim category (e.g. remuneration claims). Moreover, labour disputes in both the B&R countries and China shared a great deal of similarity with regard to their concentration in certain sectors and in certain types of claims. Therefore, mandatorily applying Chinese labour law could be convenient for Chinese workers returning from abroad who seek remedies and could allow Chinese judges to issue affirmative decisions regardless of the territory in which the worker was posted.

The cases collected by this study were limited to those filed in China by Chinese workers who were hired by Chinese enterprises and sent to work in the B&R countries and did not include those filed in the B&R countries by Chinese posted workers. Future research should therefore attempt to gather a broader range of labour disputes to further clarify the issues and need for labour protection for Chinese posted workers in the B&R countries.

This study argues that the doctrine of overriding mandatory labour rules is not entirely unproblematic because it might arbitrarily rule out the standards set by foreign labour legislation that could be more favourable to workers or offer them greater protection. Therefore, giving judges a certain degree of discretion is imperative to allow them to apply foreign labour standards when they have been proven to benefit workers.

Apart from a handful of reports on individual cases, there have been very few empirical studies regarding the general picture of labour protection for Chinese posted workers in the B&R countries. This study has adopted a novel approach to collect information on labour disputes in the B&R countries and to facilitate a qualitative analysis to test the practical implications of the doctrine of overriding mandatory labour rules.

This study aims to examine the adequate application of rights and protections granted to employees under labor laws and regulations to foreign employees working in China.

The authors analyzed applicable laws, regulations and related literature on the employment of foreigners in China and employed quantitative and qualitative methods to scrutinize the features of labor disputes involving foreign employees, to assess claims of inconsistencies. A group of judges and labor arbitrators were also interviewed.

The inconsistencies between Chinese immigration and labor laws, and between applicable laws and court enforcement, result in a considerable gap in employment protection for foreign employees. They have grown over the last two decades, in a changing legal environment of labor protection and labor market for foreigners.

This study focused on documented foreign employees' labor litigations from 2017 to 2020 in people's courts in China's five most economically developed regions. Future studies could cover a wider geographic territory and labor disputes of undocumented foreign employees to provide an even more comprehensive picture of the challenges and potential solutions.

The inconsistency between immigration and labor law regarding employment protection for documented foreign employees requires legal clarification and regulation to ensure equal employment protection of both Chinese and foreign employees.

There are limited studies using empirical data from different regions in China to document and understand the gap between the statutory labor protections and the labor protection granted to foreign employees in law as well as in court practice.

China has, apparently, more trade union members than the rest of the world put together, but the unions are subservient to the Party-state. The theme of the paper is the gap between rhetoric and reality. Issues analysed include union structure, membership, representation, and the interaction between unions and the Party-state. We suggest that Chinese unions inhabit an Alice in Wonderland dream world and that they are virtually impotent when it comes to representing workers. Because the Party-state recognises that such frailty may lead to instability it has passed new laws promoting collective contracts and established new tripartite institutions to mediate and arbitrate disputes. While such laws are welcome they are largely hollow: collective contracts are very different from collective bargaining and the incidence of cases dealt with by the tripartite institutions is tiny. Much supporting evidence is presented drawing on detailed case studies undertaken in Hainan Province (the largest and one of the oldest special economic zones) in 2004 and 2005. The need for more effective representation is appreciated by some All China Federation of Trade Unions (ACFTU) officials, but it seems a long way off, so unions in China will continue to echo the White Queen: “The rule is, jam tomorrow and jam yesterday – but never jam today” and, alas, tomorrow never comes.

The purpose of this paper is to study the evolution of Chinese industrial relations after the market reform of 1978, while basing its arguments and conclusion on analysis of the interactions of key actors in the labour arena in China. The significant phenomena in the evolution of industrial relations are the coming of transnational capital and the emergence of self‐organising protests by migrant workers.

The paper uses a case study approach.

The Labour Contract Law and the local political economy experience strong effects from TNCs and other business players. Meanwhile, globalisation has introduced the civil society movement to China, which has given rise to an increasing number of NGOs working for labour rights. Tight financial and technical connections between grassroots NGOs and international donor organisations make it possible for bottom‐up labour activities to counteract the unilateral influence of the state and market over the Chinese workforce. Since the ACFTU, the official trade union umbrella, has many institutional constraints to undertake a thorough transition towards labour in the near future, workers' representation is diversified.

One implication for further theoretical studies is that tripartism cannot fully disclose the reality of Chinese labour, and that labour representation derives from both unions and self‐organisation of workers, such as NGOs, which opens more room for the entrenchment of the grassroots labour movement to sustain the balance of power among the state, ACFTU, firms, international market forces and individual workers in the long term.

The purpose of this paper is to explore how different actors interacted to influence local labour legislation in the case of the collective bargaining regulations in Guangdong Province, China, using long-term observation and in-depth interviews.

This paper uses the case study method to investigate the process of local labour law-making in China. First, the primary data focus on a series of in-depth interviews conducted in 2014. In Guangdong Province, the author collected the thoughts of three well-informed provincial and municipal-level trade union officials, one government official, five scholars and lawyers, four enterprise union chairs and three labour activists. Second, these interviews are triangulated with legislative documents and the author’s observation of three public meetings. Held at various times from 2011 to 2014, these meetings were organized to discuss different legislative drafts on collective bargaining.

The six-year process of adopting collective bargaining legislation in Guangdong presents a complex picture as different actors joined the process at different times and engaged in different ways. Labour strikes were a crucial force in drawing the attention of both the local and central governments and functioned as a means to repeatedly make collective labour relations a policy “issue” for the government, particularly in 2010. Another actor – the local official trade unions – played a decisive role by not only putting the “issue” into the decision-making agenda, but by also providing policy alternatives based on workers’ bargaining practices. At the same time, business associations, using slow economic growth as an excuse, exerted their economic leverage to pressure for suspension of the first two rounds of legislation. Nevertheless, the new political leadership assuming office in 2013, using an adoptive but restrained logic, pushed for the enactment of the compromise regulation.

Guangdong Province and its emerging collective labour regimes are not representatives of China, but they are at the frontier of the labour field. Thus, this case study was an example of the “most dynamic” interaction with the “most participative” actors and perhaps the “most pro-labour” of China’s official trade unions.

This paper is original and draws special attention to the dynamic process of the local law-making and the rationales of different actors in China.

The purpose of this paper is to examine the actual legal effect of collective agreements by focusing on the litigation regarding the implementation of collective agreements in China where current literature on the topic is scarce.

This paper deploys both quantitative and qualitative methods to investigate the features of litigation regarding collective agreements. The judgments on collective agreement by people’s courts nationwide from 1 January 2014 to 31 December 2018 provide the primary empirical data. The intrinsic features of collective agreement disputes are investigated to delineate different sorts of theoretically presumed legal effect, namely contractual, normative and other (if any). A number of collective agreement templates and texts have been gathered and analysed to further explore the factors leading to collective agreement disputes. A dozen of labour law professionals, workers, scholars and trade union officials, were interviewed to verify the findings.

The number of collective agreement disputes is relatively small compared to the number of valid collective agreements or the volume of other labour disputes. This study found no litigation initiated by trade unions to claim a remedy against a violation of a collective agreement by an employer. However, a growing number of cases were filed by individual workers to complain about the terms and conditions of their individual employment agreements in contradiction to the existing collective agreement. These data do not mean that collective agreements lack problems or have no significance in action. A novel effect – a “substitution effect” – is evident in the existing labour litigations and relatively popular amongst employers, as they often refer to the collective agreement when a written individual agreement, as the mandatory document, is absent. The advent of substitution effect reflects a pragmatic view amongst Chinese labour law professionals, employers and workers.

Due to the recent establishment of the online judgments database, this study has focused on collective agreement litigation in people’s courts from 2014 to 2018, which is representative of the national trend of such disputes and thus provides valuable insights. Future studies should cover a wider time span and extend to the collective agreement disputes subject to labour arbitration to provide a fuller picture of the challenges and potential solutions.

By understanding the legal effect of collective agreements in reality, the legislature, workers and employers can act accordingly to enhance or empower it. The insignificant volume of both contractual and normative claims on collective agreements indicates the pressing need to inject something concrete into both substantive rights and the implementation mechanisms of collective agreements. The existence of substitution claims illustrates the room for further implementation of written individual agreements to reduce the need to borrow from collective agreements to fill the void left by the absence of individual agreements.

This study uniquely evaluates collective agreement disputes in China to seek their true legal effect, finding the substitution effect of collective agreements that was absent from the prior literature. The features of collective agreements are reflected in this work, together with public policy and theoretical implications.

The purpose of this commentary is to examine the prevalence in which pregnant women are exploited in the production of apparel goods.

The labor laws of four countries, including China, Mexico, Nicaragua and the Philippines, are assessed and discussed in relation to cases of documented abuse occurring against pregnant women working in the garment industry in these four countries.

An analysis and consensus of the literature reveals that although all four countries have established labor laws to protect workers, pregnant women continually face abuse and discrimination in the garment industry. Many forms of exploitation occur, including forced abortions, unpaid and/or required overtime, lack of adequate benefits, unfair hiring and promotion practices, and forced job assignments requiring intense physical labor which proves detrimental to the health and well‐being of the worker and unborn child.

Labor abuses in the production of apparel goods are often widely espoused as a result of media campaigns executed by human rights and labor organizations. The focus of such movements, however, is often on the disregard for child labor laws, workers' rights to join unions, and minimum wage violations. Less focus has centered on the treatment of pregnant women in the production of apparel goods. In an attempt to educate consumers, industry and academic professionals, this paper addresses the issue of discriminatory abuses occurring against pregnant women in the garment industry.

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.

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.

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.

The data contained industry bias, as too many respondents were from electronics-manufacturing and textile and apparel plants.

This paper is original, and increases awareness of the development of the labour movement in China.

The purpose of the paper is to analyse the characteristics, development and implementation of the Chinese labour arbitration system and its role in settling labour disputes.

The paper analyses official statistics and the arbitral cases published on the web sites of government labour and social security departments.

The paper finds that labour arbitration has become the most important mechanism for settling labour disputes in China since the middle 1990s. This trend indicates the fading of traditional political and administrative means due to the decreasing influence of governmental labour administration and the subordinate status of trade unions, and the emergence of the rule of law in setting labour terms. The effectiveness and fairness of labour arbitration is to a certain extent constrained by its limitations and workers' weak position in employment relations that prohibit it from fully upholding the Labour Law.

The paper shows that there is a paucity of literature devoted to labour arbitration in China. Further research is necessary to study labour arbitration, particularly the issues concerning: the frequency and reasons for workers to compromise in demands when claims, especially unfair dismissal cases; the process and the way in which arbitrators handle cases and make decisions; the fairness of arbitration awards; and the ways for improving competency and neutrality of arbitrators and arbitration committees.

The paper shows that the party‐appointed method is necessary to improve the two parties' control of arbitration process. The public should be allowed to access to case and arbitrator related information in order to increase the transparency of arbitration.

This is the first paper that introduces the labour arbitration system in China and analyzes its role in setting labour disputes and its potential for improvement.

This study examines the transformation of labour non-governmental organisations (NGOs) operating in Mainland China since the enactment of the 2017 Overseas NGO Management Law, which aims to regulate foreign concerns functioning outside the direct control of the state. It focuses on the extent to which these organisations have responded to the rapidly changing political and social environment by altering their goals and strategies in support of migrant workers. It also considers the relevance of Western social movement theories (SMTs) to China's grassroots labour movement in the 2020s. 

The research is based on case studies of ten labour NGOs operating in Beijing, Tianjin and Yunnan. It draws upon fifteen semi-structured interviews with the founders, leaders and activists affiliated with those organisations, as well as records and documented information of each of those organisations.

While the power and influence of labour NGOs markedly diminished, most have been able to adapt their goals and the strategies remain sustainable amidst both China's changing political and social climates and the global pandemic. It suggests that conventional SMTs can still offer valuable insights into understanding the development of labour NGOs in China, although they might not fully interpret the specific conditions and challenges faced by these organisations.

This study stands out as one of very few to offer empirical evidence on the inner workings of China's labour NGOs over the last six years. It also contributes to our understanding of social movements in a non-Western context.