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China's New Labour Contract Law: is China moving towards increased power for workers?

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  • Haiyan Wang
  • Richard Appelbaum
  • Francesca Degiuli
  • Nelson Lichtenstein

Abstract

China's new labour law is a significant reform that offers workers greater employment security and income protection. It is a product of both unprecedented industrial unrest as well as the Chinese government's decision to move its economy to a higher-wage, higher-technology future. The law has energised many workers, who are now using the courts and the Communist Party-controlled trade unions to press their claims. But the law has also evoked a sharp reaction from many employers, who have sought to circumvent its purposes in two ways. First, they coerce many employees to resign their posts—thereby forfeiting important seniority claims—and then rehire them as new employees. Second, many labour-intensive manufacturers have begun to shutter their factories and shift production to even lower-wage regions of China or Southeast Asia. Although long an instrument of labour control and intimidation, the All-China Federation of Trade Unions has sought to use the new labour law to win for itself a measure of institutional and ideological legitimacy.

Suggested Citation

  • Haiyan Wang & Richard Appelbaum & Francesca Degiuli & Nelson Lichtenstein, 2009. "China's New Labour Contract Law: is China moving towards increased power for workers?," Third World Quarterly, Taylor & Francis Journals, vol. 30(3), pages 485-501.
  • Handle: RePEc:taf:ctwqxx:v:30:y:2009:i:3:p:485-501
    DOI: 10.1080/01436590902742271
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    Citations

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    Cited by:

    1. You, Jing & Wang, Shaoyang, 2018. "Unemployment duration and job-match quality in urban China: The dynamic impact of 2008 Labor Contract Law," Economic Modelling, Elsevier, vol. 71(C), pages 220-233.
    2. Meng, Xin & Kong, Sherry Tao & Zhang, Dandan, 2010. "How Much Do We Know about the Impact of the Economic Downturn on the Employment of Migrants?," ADBI Working Papers 194, Asian Development Bank Institute.
    3. Tu Lan & John Pickles, 2012. "China’s New Labour Contract Law: State Regulation and Worker Rights in Global Production Networks," Global Development Institute Working Paper Series ctg-2011-05, GDI, The University of Manchester.
    4. Chun-Yi Lee, 2014. "Learning a Lesson from Taiwan? A Comparison of Changes and Continuity of Labour Policies in Taiwan and China," Journal of Current Chinese Affairs - China aktuell, Institute of Asian Studies, GIGA German Institute of Global and Area Studies, Hamburg, vol. 43(3), pages 45-70.
    5. Haining Wang & Fei Guo & Zhiming Cheng, 2015. "A distributional analysis of wage discrimination against migrant workers in China’s urban labour market," Urban Studies, Urban Studies Journal Limited, vol. 52(13), pages 2383-2403, October.
    6. Chung-Khain Wye & Elya Nabila Abdul Bahri, 2021. "How does employment respond to minimum wage adjustment in China?," The Economic and Labour Relations Review, , vol. 32(1), pages 90-114, March.
    7. Fuxi Wang & Bernard Gan & Yanyuan Cheng & Lin Peng & Jiaojiao Feng & Liquian Yang & Yiheng Xi, 2019. "China’s Employment Contract Law: Does it deliver employment security?," The Economic and Labour Relations Review, , vol. 30(1), pages 99-119, March.
    8. Eli Friedman & Ching Kwan Lee, 2010. "Remaking the World of Chinese Labour: A 30‐Year Retrospective," British Journal of Industrial Relations, London School of Economics, vol. 48(3), pages 507-533, September.
    9. Iris Claus & Les Oxley & Ming Lu & Guanghua Wan, 2014. "Urbanization And Urban Systems In The People'S Republic Of China: Research Findings And Policy Recommendations," Journal of Economic Surveys, Wiley Blackwell, vol. 28(4), pages 671-685, September.
    10. Tony Fang & Caroline Gunterberg & Emma Larsson, 2010. "Sourcing in an Increasingly Expensive China: Four Swedish Cases," Journal of Business Ethics, Springer, vol. 97(1), pages 119-138, November.
    11. Kaizhi Yu & Yun Zhang & Hong Zou & Chenchen Wang, 2019. "Absolute Income, Income Inequality and the Subjective Well-Being of Migrant Workers in China: Toward an Understanding of the Relationship and Its Psychological Mechanisms," IJERPH, MDPI, vol. 16(14), pages 1-27, July.

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