Chinese Labour Contract Arbitration: 'No Union, No Problem'
Dongbei University of Finance and Economics (DUFE)
affiliation not provided to SSRN
E. Patrick McDermott
Salisbury University - Franklin P. Perdue School of Business and Center for Conflict Resolution
August 11, 2010
There has been an explosion of labour contract disputes in China. The authors surveyed participant demographics, experience and opinions concerning the arbitration of these disputes under the local government Labour Dispute Arbitration Bureau (LAB) in the city of Dalian, Liaoning Province. Contrary to the Chinese labour union’s statutory duties, the findings show that the union is not involved in advocating for the rights of the employee from the inception of the dispute through to the LAB hearing. While some scholars have questioned the quality of the LAB process, particularly its fairness for workers, Chinese workers and employers reported high levels of satisfaction with the arbitration process on a range of procedural due process and substantive due process measures. Results indicate overall party satisfaction with the arbitration, a belief that the arbitration was fair, and a willingness to recommend it to others who are similarly situated. Demographic data indicate that the process was somewhat inclusive, with lesser educated workers, migrant workers, and women all participating.
Number of Pages in PDF File: 27
Keywords: Labour Contract Law, China, Arbitration, Mediation, Chinese Labour Law, Labor Law
JEL Classification: K31, K41, K33, M12, P2working papers series
Date posted: August 31, 2010
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