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Article
Publication date: 19 January 2022

Ying Chen and Yuanyuan Sun

This study investigates, from a resource dependence perspective, the effects of domestic private firms' political connections and economic power on their labor law compliance in…

Abstract

Purpose

This study investigates, from a resource dependence perspective, the effects of domestic private firms' political connections and economic power on their labor law compliance in China.

Design/methodology/approach

This study used data from a large-scale nationwide survey on Chinese domestic private firms, the Chinese Private Enterprise Survey collected from 2004 to 2012, to examine factors of interest that affect firms' compliance to labor laws. Hypotheses were tested using OLS regression models with robust standard errors.

Findings

The results indicate that domestic private firms' institutional political connections specified by the presence of a union or a Chinese Communist Party committee is positively related to firms' labor law compliance, and firm owners' formal political connections indicated by their membership in the People's Congress or the Chinese People's Political Consultative Conference have a somewhat negative effect. The post-hoc analysis shows that firm owners' political representation at the county and city levels is negatively related with labor law compliance, while the political representation at the national level is positively related to labor law compliance. Moreover, the economic power of a domestic private firm is related positively to its labor law compliance. Finally, although the authors did not find evidence that the 2008 Labor Contract Law increased labor contract coverage, it did increase pension coverage after 2008.

Research limitations/implications

The present study reveals a more refined relationship between domestic private firm owners’ political connections and the degree of labor law compliance. It also demonstrates that the economic power of domestic private firms has a positive effect on their labor law compliance. This implies the importance of the contribution of domestic private firms to economic and social development in China, warranting continued support of the development of the private sector in China.

Originality/value

This study adds to the sparse literature on the determinants of domestic private firms' labor law compliance in China. It also sheds light on whether political connections and the rising economic power of Chinese domestic private firms influence their compliance with labor laws.

Details

Employee Relations: The International Journal, vol. 44 no. 4
Type: Research Article
ISSN: 0142-5455

Keywords

Article
Publication date: 10 August 2020

Shaoheng Li and Christopher J. Rees

The purpose of this paper is to explore employers' perceptions of China's Labour Contract Law (LCL) and its influence on employment relations and human resource management…

Abstract

Purpose

The purpose of this paper is to explore employers' perceptions of China's Labour Contract Law (LCL) and its influence on employment relations and human resource management practices in small and medium-sized enterprises (SMEs).

Design/methodology/approach

This paper adopts a qualitative approach based on 24 interviews with owners and human resource managers of 23 privately owned SMEs in eastern and western China.

Findings

Mixed levels of reported compliance with the provisions of the LCL legislation indicate that the regulatory adoptive behaviours of SME employers are partially explained by the coercive mechanism. Various strategies adopted by employers suggest that when under the pressure of law, SMEs are formalising their employment practices while simultaneously seeking to maintain a degree of informality in respect these practices.

Research limitations/implications

The adopted qualitative approach may limit the findings to be explorative within broader national contexts.

Practical implications

The move towards more formalised practices helps to address issues such as high turnover and widespread labour shortage in SMEs. The paper is likely to be of interest to policymakers seeking to gain insights into employers' perceptions as a means to develop more effective labour regulations.

Originality/value

Unlike most of existing literature examining the general compliance to the LCL and workers' perspectives, this paper reports the views of SME employers; as such, it offers an original contribution to understanding of the role and behaviours of SME employers in regulatory responses in the studied context.

Details

Personnel Review, vol. 50 no. 3
Type: Research Article
ISSN: 0048-3486

Keywords

Article
Publication date: 29 January 2024

Prakash Shrestha, Dilip Parajuli and Bibek Raj Adhikari

This paper aims to examine the current quality of work-life (QWL) situation and the effectiveness of labor laws for promoting QWL in the context of Nepalese workplaces.

Abstract

Purpose

This paper aims to examine the current quality of work-life (QWL) situation and the effectiveness of labor laws for promoting QWL in the context of Nepalese workplaces.

Design/methodology/approach

It uses a descriptive-interpretative-qualitative approach to analyze the responses. Information is gathered through discussions with 85 higher- and middle-level managers of large and medium-sized organizations.

Findings

The majority of Nepalese organizations accept safe and healthy working conditions, social relevance of work-life, social integration in the work organization, and work and total life space as the key aspects of QWL. They have become even more critical as a result of the COVID-19 pandemic. However, they face challenges in providing employees with opportunities for continued growth and security, immediate opportunity to use and develop human capacities, adequate and fair compensation and constitutionalism in the work organization. QWL-related provisions in Labour Act, 2017, play a vital role in promoting the QWL situation. The QWL programs offer many benefits to employees’ private and working lives. The lack of such programs would undoubtedly have negative consequences for Nepalese companies. Compliance with labor laws will promote a better QWL situation at Nepalese workplaces.

Research limitations/implications

Only managerial perspectives are considered for examining the current situation of QWL and the effectiveness of QWL-related provisions of the Labour Act, 2017. It excludes the views of union leaders.

Practical implications

This paper indicates that labor laws’ QWL-related provisions are effective. It also provides several policy measures for promoting a better QWL in Nepalese workplaces.

Originality/value

This study presents QWL-related legal provisions and the actual situation at the workplaces of Nepal. It also presents the key aspects of QWL in the context of Nepal.

Details

International Journal of Law and Management, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 1754-243X

Keywords

Article
Publication date: 20 December 2019

Shweta Belwal, Rakesh Belwal and Suhaila Ebrahim Al-Hashemi

The purpose of this paper is to take cognisance of the work–life balance (WLB) challenges facing working women in Oman, make a review of the family-friendly policies (FFPs)…

Abstract

Purpose

The purpose of this paper is to take cognisance of the work–life balance (WLB) challenges facing working women in Oman, make a review of the family-friendly policies (FFPs), related provisions in labour laws of various nations, and identify and suggest some FFP-based solutions for attracting women to private sector jobs.

Design/methodology/approach

Initially, desk research was used to review the labour laws of the six Gulf Cooperation Council (GCC) countries and some pioneering countries known for their workplace policies using the major electronic databases and official websites. An exploratory approach was used to understand the lived experience of participants using 46 in-depth interviews. The data were analysed and the findings were explained and contextualised in terms of the Arab culture, wider social processes and consequences related to WLB.

Findings

The interviews revealed that the majority of women in the private sector are not fully aware of the labour laws and FFPs, and are not satisfied with the existing policies, as they do not provide the right WLB. Women in the private sector demand flexible working hours, privacy at work, reduced work hours and certain other benefits akin to the government sector. Omani Labour Law needs a review of FFPs in line with the best global practices and Oman’s diversification initiatives. The provision, awareness and implementation of FFPs in the workplace are necessary to attract Omani women to private sector jobs.

Research limitations/implications

This research focusses on Oman in particular and GCC countries in general in its coverage of Omani women workers. The outcomes would be important for the specific segment but would have limited potential to generalise.

Practical implications

The study of WLB and FFPs is of interest for both academia and industry globally. In its strategic vision 2040, Oman aims to encourage, support and develop the private sector to drive the national economy. To retain and boost the socio-economic development in the post-oil economy, the success of the private sector will depend on the participation of the Omani workforce. The role of working Omani women will be pivotal, for they form a substantial part of the skilled human resources inventory.

Social implications

Women working in Oman are influenced by labour laws, organisational culture, traditional attitudes and societal values and influences. The voices of women working in the private sector indicate a great need to create awareness of existing policies, ensure their compliance and devise additional workplace policies to enable women to contribute to the labour market.

Originality/value

There is a dearth of studies examining work policies and employment of women in the context of Oman in particular and the GCC Countries in general. Even in the extant literature, the sectoral imbalance between the government and private sector has not been explored from the perspective of WLB and FFPs. This study presents a unique approach and findings in this regard.

Details

Employee Relations: The International Journal, vol. 42 no. 2
Type: Research Article
ISSN: 0142-5455

Keywords

Article
Publication date: 8 January 2019

Clément Séhier

This paper aims to investigate to what extent and for which reasons the codes of conduct and social audits of multinational corporations (MNCs) have failed to change practices…

Abstract

Purpose

This paper aims to investigate to what extent and for which reasons the codes of conduct and social audits of multinational corporations (MNCs) have failed to change practices within Chinese factories. A special attention is given to the social compliance initiatives (SCIs) and multi-stakeholder initiatives (MSIs) which did not overcome the main obstacles of the compliance approach.

Design/methodology/approach

This research is based on a fieldwork in China, including 36 semi-constructed interviews with practitioners involved in corporate social responsibility (CSR), participant observation in the CSR programme of the International Labour Organisation office in Beijing and several visits of factories involved in CSR programmes. Secondary sources are used to estimate the distribution of value added along global value chains (GVCs).

Findings

The codes of conduct and social audits tend to reproduce the domination of MNCs within GVCs. This paper highlights some obstacles – and opportunities – for CSR appropriate to the Chinese context.

Research limitations/implications

Only a few MNCs agreed to meet the author and speak openly. No one allowed the author to visit their suppliers’ factories.

Practical implications

The findings of this study suggest that the most widespread approach to CSR by MNCs is flawed. More attention should be given to specific institutional contexts and to workers’ participation.

Originality/value

CSR discourse and practices in China are put in the context of GVCs and in the transformation of Chinese industry and labour relations. This method allows going beyond a case study approach. Instrumentations of several SCIs and MSIs are also analysed in detail.

Details

Society and Business Review, vol. 15 no. 2
Type: Research Article
ISSN: 1746-5680

Keywords

Article
Publication date: 1 August 2019

Dong Yan

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…

Abstract

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.

Details

Employee Relations: The International Journal, vol. 41 no. 6
Type: Research Article
ISSN: 0142-5455

Keywords

Article
Publication date: 13 September 2011

FangLee Cooke

The purpose of this paper is to chart the sharp rise of informal employment in urban China in the last decade. It investigates the role of labour market regulations in shaping…

1780

Abstract

Purpose

The purpose of this paper is to chart the sharp rise of informal employment in urban China in the last decade. It investigates the role of labour market regulations in shaping employment relations for those engaged in this form of employment and their employment outcome. It also examines various forms of organization and representation of these workers and the extent to which these mechanisms meet their needs.

Design/methodology/approach

This paper draws on secondary and first‐hand empirical data. The secondary data come mainly from media sources and academic publications in China. The empirical data from interviews that the author has conducted with the labour authorities, trade union officials, workers, senior managers and owner CEOs of private firms in several cities.

Findings

The paper concludes that the inadequacy of the function of employment agencies, the absence of a functioning social security system for workers in informal employment, and the lack of effective enforcement of employment‐related regulations mean that the majority of the growing force of workers in this category will continue to be under‐protected and disadvantaged.

Research limitations/implications

This paper draws information from secondary data and a small number of interviews with key stakeholders in employment relations. Future research should conduct a larger study focusing on the views and experience of workers in the informal sector.

Practical implications

This study reveals some skills gaps and training needs for trade union officials. It also brings to the policy makers' attention some loopholes in the labour regulations and their implementation.

Social implications

The paper argues that providing decent employment conditions and work environment remains a key challenge to all concerned but is crucial to the well‐being of workers and their families.

Originality/value

The paper examines the efficacy of labour regulations in protecting workers in the informal sector in China by investigating the roles of different institutional actors. It adopts a relational and institutional approach to study the issue.

Details

Journal of Chinese Human Resources Management, vol. 2 no. 2
Type: Research Article
ISSN: 2040-8005

Keywords

Abstract

Details

Strategic HR Review, vol. 16 no. 6
Type: Research Article
ISSN: 1475-4398

Article
Publication date: 19 September 2008

Mark McPherson

The aim of this paper is to highlight differences and similarities in human resource management (HRM) practices between first‐ and second‐generation South Asian entrepreneurs and…

2740

Abstract

Purpose

The aim of this paper is to highlight differences and similarities in human resource management (HRM) practices between first‐ and second‐generation South Asian entrepreneurs and the extent to which such practices support an integrated HRM system.

Design/methodology/approach

The paper draws its theoretical underpinning via five “generic HRM functions” and practices, i.e. selection, appraisals, reward, development, and strategy. To help understand the application of such practices from an ethnic dimension, 42 semi‐structured interviews were carried out with two ethnic groups. The two groups chosen were first‐ and second‐generation Sikh and Pakistani Muslim entrepreneurs from micro and small businesses situated within the Greater London area. In addition, nine businesses across both ethnic groups were selected to complete the multiple (comparative) case‐study stage of the research. Investigation was conducted within the phenomenological paradigm.

Findings

The paper notes that differences and similarities between the two generations are based more on sectoral location and type of business with minor instances of cultural and generational nuances. With regard to the development of an integrated HRM system, the evidence suggests that time, cost and expertise are considered constraining factors and, as such, respondents adopt an informal ad hoc approach. Interestingly, although this informality is common within the business, respondents are in fact leaving themselves exposed to breaches of employment law.

Practical implications

The paper supports the literature, whereby training and advice for EMBs that emphasise formal procedures may be counterproductive. Instead, direction should be given to ensure that HRM practices stress accountability, control and connectedness, help to reduce any perceived risk of litigation, and ensure that statutory requirements are met.

Originality/value

The paper offers unique insight into an unknown entity, namely HRM issues within ethnic small businesses.

Details

International Journal of Entrepreneurial Behavior & Research, vol. 14 no. 6
Type: Research Article
ISSN: 1355-2554

Keywords

Article
Publication date: 1 January 2012

Dev Raj Adhikari, Katsuhiko Hirasawa, Yutaka Takakubo and Dhruba Lal Pandey

This paper aims to review the situation of decent work (DW) and quality of work life (QWL) in the context of Nepal.

2422

Abstract

Purpose

This paper aims to review the situation of decent work (DW) and quality of work life (QWL) in the context of Nepal.

Design/methodology/approach

The paper is based on a literature survey. Institutional arrangements for DW and QWL are studied in connection with current labor legislations, national policy documents, and company policies and initiatives. The status of DW and QWL is described, examining national policy documents published by the Government of Nepal, National Planning Commission, labor legislations, International Labor Organization (ILO) and other relevant literature.

Findings

At present, although the country has been successful in reducing the number of people under the poverty line, there are challenges in meeting the DW goals. In the case of QWL, since there is rising dissatisfaction among employers and employees in the present economic and political circumstances, they are interested in short‐term benefits.

Research limitations/implications

There are a number of factors affecting DW and QWL. In this paper only national economic and social conditions, poverty level, employment situation and income generation are considered for analysis. The analysis of the QWL situation is done only on the basis of published information rather than using primary sources of information.

Practical implications

The findings of this study will have a number of implications in understanding and improving the level of current institutional arrangements in order to ensure DW and QWL. The observations made in this paper can add some value in the process of formulation of national policy for, and regulation of DW. The issues discussed will have substantial implication for the development and framing of new labor laws and policies.

Originality/value

The paper focuses on DW and QWL for the first time in the Nepalese context. This is an original contribution by the authors to familiarize readers with the situation of DW and QWL in Nepalese organizations.

Details

Employee Relations, vol. 34 no. 1
Type: Research Article
ISSN: 0142-5455

Keywords

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