Documents Kai, Chang 3 results

"The article analyses approaches to legitimacy and the legal regulation of strikes in China in the context of rising levels of collective disputes and collective action. The right to strike, as a fundamental human right, has been recognized in principle and embodied in Chinese law. But the relevant legislation is not yet clear or sufficient. Strikes are not illegal in China, and the penalties to which those who organize strikes are liable arise from inappropriate application of the law, or are not based in law. Drawing on the experience of the 2010 Nanhai Honda strike, it is argued that dealing with strikes in the current legal framework should follow the principles of rational treatment and legal resolution."

"The article discusses the current transformation of Chinese labour relations. The Labour Contract Law implemented in 2008 provided the legal framework for China's adjustment to individual labour relations; it also hastened the evolution of collective labour relations. The article discusses how two different aspects of the Chinese labour movement—top-down and bottom-up—have been interacting. Implications are drawn from the experience of the strike wave of the summer of 2010. It is argued that further legal intervention could facilitate the development of China's labour policy, but that the reform of collective labour law will require the strengthening of the collective rights of workers and the nurturing of institutions which can focus collective consciousness and organisation."