Law and Industrial Relations

by Lo, Vai Io

• ISBN13: 9789041110756
• ISBN10: 9041110755
• Format: Hardcover
• Copyright: 1998-12-01
• Publisher: Kluwer Law Intl

Summary

Chinese and Japanese trade unions may seem emasculated and weak when compared with their Western counterparts in that they do not stand up to management to protect the interests of workers. The author's careful analysis probes the reasons for this difference, tearing down stereotypical notions about societies with a Confucian heritage, To examine the significant role of law in shaping industrial relations in modern China and Japan. Through a comparative analysis of their trade union laws, this work analyses the role of law in shaping postwar industrial relations in China and Japan And The interplay amongst such elements as the State or the Party, management, and workers. The work focuses on industrial relations in commercial and industrial enterprises, addressing such issues as the performance or nonperformance of trade unions in China and Japan and possible explanations, And The prospects and limitations of using codified laws to effect change or control in the postwar industrial settings of these two countries. The work's helpful features include a comparative approach, The use of case studies to maximize objectivity and insight, a unified and clearly expressed thesis and conclusions including a summary of findings, footnotes and cross references, An index, and concise explanations of the relevant legal provisions And The manner in which they have been applied.

Table of Contents

Acknowledgments	ix
Introduction	1	(6)
Industrial Relations in China and Japan	7	(81)
The Case of Chinese Workers	7	(42)
Work and Life	8	(19)
Labor Organizations	27	(18)
Dual Structure of the Labor Market	45	(4)
The Case of Japanese Workers	49	(30)
Work and Life	51	(8)
Labor Organizations	59	(18)
Dual Structure of the Labor Market	77	(2)
Similarities and Differences	79	(9)
Trade Union Laws of China and Japan	88	(59)
Legal Framework for Chinese Industrial Relations	88	(31)
Legislative History	89	(2)
Substantive and Procedural Provisions	91	(19)
Enforcement	110	(8)
Summary	118	(1)
Legal Framework for Japanese Industrial Relations	119	(21)
Legislative History	119	(4)
Substantive and Procedural Provisions	123	(8)
Enforcement	131	(8)
Summary	139	(1)
Similarities and Differences	140	(7)
Law and Industrial Relations	147	(34)
Legislation and Industrial Practice	147	(24)
The Case of China	148	(11)
The Case of Japan	159	(9)
Summary	168	(3)
Law as an Agent of Social Change or Social Control	171	(3)
Law in East Asian Societies	174	(7)
Conclusion	181	(7)
Appendix	188	(2)
References	190	(9)
Index	199