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Chinas neues Arbeitsvertragsgesetz – Stärkung der Schwachen oder nur Beruhigungspille?

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  • Günter Schucher

Abstract

China’s draft labour contract law, released on March 21, 2006, has not only caused more than 190.000 comments and suggestions, but also stirred up a great deal of controversy among Chinese as well as overseas legal experts. Foreign business people even damned it as the return to the socialist “iron rice bowl”-system and threatened to withdraw investments. The law indeed strengthens the position of labourers, e.g., by making written contracts obligatory in all kinds of enterprises, discouraging short-term contracts, or expanding participatory rights of trade unions. It reflects the Chinese leadership’s lasting and increasing fear of social unrest. This short analysis describes the process of law making, the most important and controversial provisions as well as the developments in the Chinese labour market that led to the regulation of labour relations. The labour contract law complements the legal framework of the emerging market economy in China, its full implementation however is a different matter.

Suggested Citation

  • Günter Schucher, 2006. "Chinas neues Arbeitsvertragsgesetz – Stärkung der Schwachen oder nur Beruhigungspille?," Journal of Current Chinese Affairs - China aktuell, Institute of Asian Studies, GIGA German Institute of Global and Area Studies, Hamburg, vol. 35(4), pages 47-65.
    • Handle: RePEc:gig:chaktu:v:35:y:2006:i:4:p:47-65
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    Cited by:

    1. Hebel, Jutta & Schucher, Günter, 2006. "The Emergence of a New 'Socialist' Market Labour Regime in China," GIGA Working Papers 39, GIGA German Institute of Global and Area Studies.

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