The level of protection provided by Chinese labour law compared to German labour law als eBook von
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Inhaltsangabe:Abstract: The Thesis The level of protection provided by Chinese labour law compared to German labour law as a stimuli for western investment in the Peoples Republic of China describes the Chinese Labour Law and traces back the sources of the Chinese Labour Law regulations. In the first section the German Labour Law and some of the most important clauses are explained. In further sections the Chinese Labour Law itself and its coherent development, the main landmarks and the similarities to the German Labour Law, with its Romanist Tradition, are reflected. In particular the situation of the unions and their influence on management polices are named. In further sections, this thesis displays the current situation in the Chinese corporate world and its relation towards the Chinese Labour Law. With the elaboration of three chosen cases, this thesis highlights the enforcement level and the core aspects of Chinese Labour Law that are frequently violated within Chinese joint-ventures and their partners from abroad, either from Asian and Western developed nations. In addition to that, this thesis focuses on the situation in Taiwan and Hong Kong in respect to their Labour Law systems and gives a brief overview about their core aspects and its future perspective and likelihood to keep its sovereignty under the increasing influence of China mainland. One of the main aspects of this thesis is discussed in the sections dealing with the New Chinese Labour Law of 2007 and its upcoming implementation on the 1st of January 2008. Issues concerning the development and core improvements are evaluated and precisely explained. Furthermore, it will be discussed about the ramifications and main changes that are probably to emerge in the near future. This thesis will also shed some light on the reactions of the work force in China and multinationals in general. The fears and hopes that go hand in hand with implementation of the new draft. Last but not least, this thesis will give proposals and suggestion to German and Western companies how to deal with labour law related issues that are planning to enter this viable and fast growing market. Moreover, this dissertation will give an overview about the main aspects in terms of Chinese Labour Law regulations that should be considered in order to establish a successful business in the Peoples Republic of China. Inhaltsverzeichnis:Table of Contents: I.Table of Figures II.List of Abbreviation 1.Introduction1 2.The German Labour Law2 2.1The Contract of employment2 2.1.1Probation3 2.1.2Termination of employment3 2.1.2Extraordinary dismissal4 2.2Trade union and employers association regulation5 2.2.1Trade unions6 2.2.2Employers associations6 2.3Collective Bargaining and Agreements6 3.The Development of the Chinese Labour Law8 3.1The Contract employment system and its position in the Labour Code8 3.2Difficulties and scant attempts to alleviate the situation10 3.2.1Reward based on status rather than performance10 3.2.2Skills did not meet the job requirements11 3.2.3Disequilibrium of Labour and Supply12 3.3The Way to the Contract Employment System12 3.3.1The Ministry Notice13 3.3.2The Contract Employment Regulations14 3.4The Chinese Labour Law from 199416 3.4.1Legal Bases16 3.4.2Foreign employees17 3.4.3Representative office18 3.4.4The justification of a working relation18 3.4.5Duration of the working relation19 3.4.6Dismissal by the employer20 3.4.7Resignation by the employee23 3.4.8Compensation23 3.4.9Working Time, recuperation days and vacation25 3.4.10Wages28 3.4.11Illness and accident29 3.4.12Non-competition clause31 3.4.13Particular protection for female and minor employees32 3.5Labour disputes32 3.6Unions and Collective agreement33 3.6.1Trade Union Law from 199233 3.6.2Collective contracts of employment34 3.6.3The Union Law from 2001 and its practical experience35 3.6.4Conclusion38 3.7The Local Implementation of the Employment Contract system39 3.7.1National Objectives vs. Priorities of Local Government39 3.7.3The Contract Employment System and its local implementation40 3.7.4Conclusion and current situation44 4.Cases45 4.1Shanghai Otis Elevator Company Ltd.46 4.2Li Kai Di Chang shoe manufacturer50 4.3Beijing Olympics52 4.4Commentary56 5.Labour Law in Taiwan57 5.1Historical background57 5.2Comparisons to Continental China58 5.3Future perspective59 6.Labour Law in Hong Kong60 6.1Historical Background60 6.2Current.

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The level of protection provided by Chinese labour law: Inhaltsangabe:Abstract: The Thesis ¿The level of protection provided by Chinese labour law compared to German labour law as a stimuli for western investment in the People¿s Republic of China¿ describes the Chinese Labour Law and traces back the sources of the Chinese Labour Law regulations. In the first section the German Labour Law and some of the most important clauses are explained. In further sections the Chinese Labour Law itself and its coherent development, the main landmarks and the similarities to the German Labour Law, with its Romanist Tradition, are reflected. In particular the situation of the unions and their influence on management polices are named. In further sections, this thesis displays the current situation in the Chinese corporate world and its relation towards the Chinese Labour Law. With the elaboration of three chosen cases, this thesis highlights the enforcement level and the core aspects of Chinese Labour Law that are frequently violated within Chinese joint-ventures and their partners from abroad, either from Asian and Western developed nations. In addition to that, this thesis focuses on the situation in Taiwan and Hong Kong in respect to their Labour Law systems and gives a brief overview about their core aspects and its future perspective and likelihood to keep its sovereignty under the increasing influence of China mainland. One of the main aspects of this thesis is discussed in the sections dealing with the New Chinese Labour Law of 2007 and its upcoming implementation on the 1st of January 2008. Issues concerning the development and core improvements are evaluated and precisely explained. Furthermore, it will be discussed about the ramifications and main changes that are probably to emerge in the near future. This thesis will also shed some light on the reactions of the work force in China and multinationals in general. The fears and hopes that go hand in hand with implementation of the new draft. Last but not least, this thesis will give proposals and suggestion to German and Western companies how to deal with labour law related issues that are planning to enter this viable and fast growing market. Moreover, this dissertation will give an overview about the main aspects in terms of Chinese Labour Law regulations that should be considered in order to establish a successful business in the People¿s Republic of China.Inhaltsverzeichnis:Table of Contents: I.Table of Figures II.List of Abbreviation 1.Introduction1 2.The German Labour Law2 2.1The Contract of employment2 2.1.1Probation3 2.1.2Termination of employment3 2.1.2Extraordinary dismissal4 2.2Trade union and employers` association regulation5 2.2.1Trade unions6 2.2.2Employers` associations6 2.3Collective Bargaining and Agreements6 3.The Development of the Chinese Labour Law8 3.1The Contract employment system and its position in the Labour Code8 3.2Difficulties and scant attempts to alleviate the situation10 3.2.1Reward based on status rather than performance10 3.2.2Skills did not meet the job requirements11 3.2.3Disequilibrium of Labour and Supply12 3.3The Way to the Contract Employment System12 3.3.1The Ministry Notice13 3.3.2The Contract Employment Regulations14 3.4The Chinese Labour Law from 199416 3.4.1Legal Bases16 3.4.2Foreign employees17 3.4.3Representative office18 3.4.4The justification of a working relation18 3.4.5Duration of the working relation19 3.4.6Dismissal by the employer20 3.4.7Resignation by the employee23 3.4.8Compensation23 3.4.9Working Time, recuperation days and vacation25 3.4.10Wages28 3.4.11Illness and accident29 3.4.12Non-competition clause31 3.4.13Particular protection for female and minor employees32 3.5Labour disputes32 3.6Unions and Collective agreement33 3.6.1Trade Union Law from 199233 3.6.2Collective contracts of employment34 3.6.3The Union Law from 2001 and its practical experience35 3.6.4Conclusion38 3.7The Local Implementation of the Employment Contract system39 3.7.1National Objectives vs. Priorities of Local Government39 3.7.3The Contract Employment System and its local implementation40 3.7.4Conclusion and current situation44 4.Cases45 4.1Shanghai Otis Elevator Company Ltd.46 4.2Li Kai Di Chang shoe manufacturer50 4.3Beijing Olympics52 4.4Commentary56 5.Labour Law in Taiwan57 5.1Historical background57 5.2Comparisons to Continental China58 5.3Future perspective59 6.Labour Law in Hong Kong60 6.1Historical Background60 6.2Current situation61 6.3Future Perspective61 7.China`s New Labour Contract Law62 7.1Development62 7.2Controversial points of view and the altered regulations62 7.3Résumé and Expectations66 8.Chinese Labour Law and its implications on companies68 8.1Domestic Employees and the Chinese Labour Law68 8.2Foreign Employees in China and the Chinese Labour Law71 8.3Ramifications on German and FDI enterprises72 9.Conclusion76 III.ReferencesTextprobe:Text Sample: Chapter 3., The Development of the Chinese Labour Law: This section will focus on the Contract Employment System and its implementation in 1995. It is interesting to see how similar the content of the German Labour Code actually is, compared to Chinese one. Later sections will highlight this matter of fact. However, the creation of a Labour Law Code in China has been a rocky road that went through more than 40 drafts until it came into effect. One of the major supporters of the reformation of the Chinese Labour Law was the ACFTU, the umbrella organization of all unions in China. This state-directed organization has extremely lobbied the central government and has insisted on initiating the Chinese Labour Law from 1994. Furthermore, the emergence of the particular term ¿socialist market economy¿ (Chinese term: shehui zhuyi shichang jingji) which became part of the official lexicon in 1992, at the 14th congress of the Chinese Communist Party (CCP) led to the adoption of a new approach to economic development that triggered changes in the legal system, including the field of labour and employment law. Perhaps the most significant development was in the realm of labour mobility, both for rural and urban populations. Peasants were permitted to seek employment outside of agriculture, beyond the confines of their villages. Urban residents were no longer assigned to jobs in a system of bureaucratic allocation, and thereafter, prevented, by the legal and economic disincentives, from seeking alternative job opportunities. 4. Cases: This section will discuss the situation in Chinese foreign invested companies and law violations that took place in those companies. This chapter will name the core violations amended by the employers and show, that the Chinese Labour Law has specific regulations that should encounter these grievances. 4.2 Li Kai Di Chang shoe manufacturer: Plaintiff: work staff / china labour watch Defendant: Li Kai Di Chang shoe manufacturer. This case deals with a major shoe manufacturer in the south east of China, in the city of Hongyuan. Around 4000 workers are working in this typical Chinese factory. The employees suffered from different king of exploitation for a long time. This included not only the aggressive and irresponsible behaviour of the supervisory board. The major grievances in the Li Kai Factory Number 5, which produces for New Balance (the third largest athletic and leisure shoe producer in the U.S., most of its operations were off shored to China) were the following: Low wages, below subsistence level 24 RMB / day = 2, 40 Euro / day. The average income in this factory is representative for the majority of manufacturing sites in the whole of China. It has not improved over the last decade A worker protection committee with members appointed by the executives of the factory thus led to a decision-making process in favour for the enterprise policies. The established Union is never independent and does not go along due to its legal definition. - Talking back to a supervisor will result in the loss of three days¿ wages. - Everyone must do ¿their duty to keep the place clean and that every day the room is swept and mopped three times, also during the working shift¿. - Worker¿s wishing to leave the gated factory compound has to pass the security guards when they return. The guards have the clear order to go through their belongings without taking the employees¿ privacy and dignity into account. - A score of female employees are under aged and therefore not allowed to work. - The regular working time of eight hours a day is regularly exceeded and not rewarded. - Gender, Age, Height, and Province of Origin Discrimination. - Lack of maintenance and food quality supply. - Non-remuneration of pensions and other benefit rights. - This listing encounters markedly the New Balance companies¿ slogan ¿In respect to the way we treat our workers, our motto is this: Open, Fair and Just¿. Englisch, Ebook.

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The level of protection provided by Chinese labour law ab 38 € als pdf eBook: . Aus dem Bereich: eBooks, Wirtschaft,.

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The level of protection provided by Chinese labour law ab 38 EURO.

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Lieferung aus: Deutschland, Versandkostenfrei.
Die Beschreibung dieses Angebotes ist von geringer Qualität oder in einer Fremdsprache. Trotzdem anzeigen

Lieferung aus: Deutschland, E-Book zum Download.
Die Beschreibung dieses Angebotes ist von geringer Qualität oder in einer Fremdsprache. Trotzdem anzeigen