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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: 1 December 2003

Gilles Trudeau

Investigates what is happening in North America with regard to labour relations law. Examines, first, collective labour relations and labour law and, second, focuses on the legal…

1144

Abstract

Investigates what is happening in North America with regard to labour relations law. Examines, first, collective labour relations and labour law and, second, focuses on the legal regulation of the individual relationship, also known as employment law. Goes on to cover these two separate, but intertwined, entities in depth and as they are interpreted in both Canada and the USA. Concludes that labour law is changing and moving toward contractualization and proceduralization. Wonders whether labour law will be able to continue to play the role of protecting wage earners for which it was originally developed.

Details

Managerial Law, vol. 45 no. 3/4
Type: Research Article
ISSN: 0309-0558

Keywords

Article
Publication date: 16 March 2015

Jessica Williams

This paper aims to analyse whether the World Trade Organisation (WTO) covered agreements ought to be interpreted in a manner that enables an importing country to restrict or…

1020

Abstract

Purpose

This paper aims to analyse whether the World Trade Organisation (WTO) covered agreements ought to be interpreted in a manner that enables an importing country to restrict or prohibit import of goods manufactured using child labour. This question is pertinent, given the WTO-covered agreements do not explicitly mention child labour, yet there is increasing international concern for the phenomenon of child labour, evidenced through international human rights law and international labour law treaties and a push by some developed countries’ WTO Members for inclusion of a “social clause” governing child labour under the covered agreements.

Design/methodology/approach

This paper examines the WTO-covered agreements, current trends in interpretation of the covered agreements by panels and the Appellate Body (AB) and scholarly debate regarding connecting trade with labour standards and human rights.

Findings

This paper argues: that although inclusion of a social clause in the covered agreements is unlikely, Article XX(a) GATT, Article XX(b) GATT and Article 2.1 TBT can in certain circumstances be interpreted as to allow such restrictions on the import of goods; that no clear academic argument logically precludes connecting trade with labour standards and human rights; and that to legitimate both the WTO and the international legal system as a whole, the covered agreements, as the basis of international trade law, ought to be interpreted in a manner consistent with international labour law and international human rights law.

Originality/value

This paper draws upon the recent AB decision in European Commission – Seal Products, examining the AB’s interpretation of the Article XX(a) GATT “public morals” exception. This paper further seeks to provide a succinct overview of the argument surrounding WTO involvement in the issue of child labour.

Details

Journal of International Trade Law and Policy, vol. 14 no. 1
Type: Research Article
ISSN: 1477-0024

Keywords

Article
Publication date: 1 May 2006

Philipe Auvergnon

The purpose of this paper is to discuss some lessons drawn from a comparative approach to the issue of the effectiveness in labour law.

1243

Abstract

Purpose

The purpose of this paper is to discuss some lessons drawn from a comparative approach to the issue of the effectiveness in labour law.

Design/methodology/approach

The paper discusses the consensus on variable ineffectiveness in labour law and describes some different ways of improving effectiveness.

Findings

The issue of effectiveness is not specific to labour law. However, labour law seems particularly subject to ineffectiveness, due to the imbalance of power in labour relations, resulting from the inherent inequality of the parties. A comparative discussion necessarily explored the “standard” issues of application, monitoring and, sanctions to deal with the ineffectiveness of labour law. The present debate particularly highlighted the problems in drafting and content of the law that contribute to non‐compliance.

Originality/value

The paper raises the following question: what effective labour law and for whom?

Details

Managerial Law, vol. 48 no. 3
Type: Research Article
ISSN: 0309-0558

Keywords

Article
Publication date: 1 January 1983

R.G.B. Fyffe

This book is a policy proposal aimed at the democratic left. It is concerned with gradual but radical reform of the socio‐economic system. An integrated policy of industrial and…

11006

Abstract

This book is a policy proposal aimed at the democratic left. It is concerned with gradual but radical reform of the socio‐economic system. An integrated policy of industrial and economic democracy, which centres around the establishment of a new sector of employee‐controlled enterprises, is presented. The proposal would retain the mix‐ed economy, but transform it into a much better “mixture”, with increased employee‐power in all sectors. While there is much of enduring value in our liberal western way of life, gross inequalities of wealth and power persist in our society.

Details

International Journal of Sociology and Social Policy, vol. 3 no. 1/2
Type: Research Article
ISSN: 0144-333X

Keywords

Abstract

Details

Documents from and on Economic Thought
Type: Book
ISBN: 978-1-84950-450-8

Book part
Publication date: 4 September 2020

Emily A. Prifogle

This chapter uses the historian’s method of micro-history to rethink the significance of the Supreme Court decision Muller v. Oregon (1908). Muller is typically considered a labor

Abstract

This chapter uses the historian’s method of micro-history to rethink the significance of the Supreme Court decision Muller v. Oregon (1908). Muller is typically considered a labor law decision permitting the regulation of women’s work hours. However, this chapter argues that through particular attention to the specific context in which the labor dispute took place – the laundry industry in Portland, Oregon – the Muller decision and underlying conflict should be understood as not only about sex-based labor rights but also about how the labor of laundry specifically involved race-based discrimination. This chapter investigates the most important conflicts behind the Muller decision, namely the entangled histories of white laundresses’ labor and labor activism in Portland, as well as the labor of their competitors – Chinese laundrymen. In so doing, this chapter offers an intersectional reading of Muller that incorporates regulations on Chinese laundries and places the decision in conversation with a long line of anti-Chinese laundry legislation on the West Coast, including that at issue in Yick Wo v. Hopkins (1886).

Details

Studies in Law, Politics, and Society
Type: Book
ISBN: 978-1-83982-297-1

Keywords

Book part
Publication date: 12 April 2005

Warren J. Samuels

The criterion differentiating “protective labor legislation” and “industrial relations legislation” is not whether they are for or against the interest of labor. The interest is…

Abstract

The criterion differentiating “protective labor legislation” and “industrial relations legislation” is not whether they are for or against the interest of labor. The interest is that of the general public, as is the case with all legislation. The basic difference concerns the parties to two types of labor contracts. Protective labor legislation concerns the individual contract and labor relations legislation concerns the contract between the specific groups in the field.

Details

Further University of Wisconsin Materials: Further Documents of F. Taylor Ostrander
Type: Book
ISBN: 978-0-76231-166-8

Article
Publication date: 31 December 2007

Susan Hess and Sameer Prasad

The purpose of this paper is to help managers of multinational corporations (MNCs) in making location decisions by providing a relative comparison of the labor laws and their…

658

Abstract

Purpose

The purpose of this paper is to help managers of multinational corporations (MNCs) in making location decisions by providing a relative comparison of the labor laws and their enforcement in Mexican and Chinese export processing zones (EPZ).

Design/methodology/approach

By examining the relevant literature, the authors were able to identify differences and similarities among the two EPZs.

Findings

China is easier for MNCs to conduct business in because of the current lack of enforcement of the labor laws and the retention rate of workers is higher relative to Mexico. Also, wages in China are lower than in the Maquiladoras while at the same time the education level is higher in China than in Mexico.

Research limitations/implications

This study was conducted across a broad range of industries at a certain point in time. Researcher might be interested in identifying differences on a sector‐by‐sector basis. In addition, it would be possible to conduct a longitudinal study for both countries to examine the trends in enforcement activities and effect on FDI investments.

Practical implications

The research addresses the labor laws and treatment of worker in the Maquiladoras of Mexico and the special economic zones of China. By law, treating workers fairly and providing a safe environment is a priority in both countries. However, laws are often not enforced. A MNC that is interested in retaining employees and long‐term productivity has varied opportunities to provide incentives to ensure its success.

Originality/value

This research is the first study to compare the Mexican and Chinese EPZ in terms of labor laws and their enforcement.

Details

International Journal of Commerce and Management, vol. 17 no. 3
Type: Research Article
ISSN: 1056-9219

Keywords

Article
Publication date: 1 April 2003

Georgios I. Zekos

Aim of the present monograph is the economic analysis of the role of MNEs regarding globalisation and digital economy and in parallel there is a reference and examination of some…

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Abstract

Aim of the present monograph is the economic analysis of the role of MNEs regarding globalisation and digital economy and in parallel there is a reference and examination of some legal aspects concerning MNEs, cyberspace and e‐commerce as the means of expression of the digital economy. The whole effort of the author is focused on the examination of various aspects of MNEs and their impact upon globalisation and vice versa and how and if we are moving towards a global digital economy.

Details

Managerial Law, vol. 45 no. 1/2
Type: Research Article
ISSN: 0309-0558

Keywords

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