China's New Labor Dispute Resolution Law: A Catalyst for the Establishment of a Harmonious Labor Relationship?

Abstract

The year of 2008, marking the 30th anniversary of the adoption of the Open-Door Policy, stands as an important year for the implementation of a new set of labor laws intending to provide a better legal framework for the protection of workers' interests. While the Labor Contract Law protects the workers' substantive rights, the Law on Labor Dispute Mediation and Arbitration complements by protecting the procedural rights. This is the first time for China to have a labor procedural law at a high legislative level to enforce mandates protecting workers' rights. It is expected to bring greater protection to the workers, make dispute resolution channels more accessible and promote harmonious relations between the employers and the workers. It remains to be seen whether this will result in an increasing number of labor disputes (some possibly without merit and frivolous) being brought before the local labor arbitration commissions in China. While it is too early to tell whether this new law could meet the original expectation, its real impact, as constantly claimed, lies in how the government and judicial bodies interpret and enforce it.