The Setting: Legal

Mythbusters Trivia

When was protection for the rule of law added to China’s constitution?

a) 1949

b) 1989

c) 1999

d) 2007

A Work In Progress

Answer: c) 1999

• Major legal reforms started in 1978

• Constitution amended to include protection for rule of law in 1999

• Civil law system drawn from foreign examples

Weaknesses• Judicial system’s submission to political influence

• Corruption - ranked 79th on the 2009 Corruption Perceptions Index (Transparency International)

• Uneven enforcement

HRM Legislation• Labour Law (1995)

• Loopholes & ambiguities

• Weak implementation

• Labour Contract Law (2008)• Comprehensive contract law

• Positive impact already evident

• Local Regulations (ie. provinces, municipalities)

• Varying rules for implementation of labour laws

A Closer Look

Labour Law (1995)• Labour Contracts and

Collective Contracts• Working Hours, Rests and

Leaves• Wages• Labour Safety and

Sanitation• Special Protection for

Female Staff and Workers and Juvenile Workers

• Vocational Training• Social Insurance & Welfare

Treatment• Labour Disputes

Labour Contract Law (2008)• Conclusion of Labor Contracts• Performance and Amendment of

Labor Contracts• Revocation and Termination of

Labor Contracts• Collective Contracts• Work Placement• Part-time Labor• Supervision and Inspection• Legal Liability

International Participation

• Convention on the Minimum Age for Admission to Employment

• Convention on Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour

• Convention Concerning Equal Remuneration for Men and Women Workers for Work of Equal Value

Mythbusters Trivia

How many members does China’s largest union have?

a) 319 million

b) 134 million

c) 32 million

d) 6 million

Role of Unions

Answer: b) 134 million

• Trade Union Law (2008)

• All-China Federation of Independent Trade Unions

• Monopoly on representing workers

• Companies must have an ACFTU chartered trade union (Labour Contract Law)

• Legitimacy questioned