Baohua Dong: Comparison between Chinese and Foreign Labor Laws and Implications

 date:2008-8-20 9:41:00          

Comparison between Chinese and Foreign Labor Laws and Implications

Baohua DONG

Professor, East China Univ. of Political Science and Law

The newly implemented labor law in China will bring about: fixed labor relationship (more difficult to fire employee); paper-backed labor relationship (employment contract is absolutely necessary); standardized labor relationship (many regulation on non-standard employment); the domination of administrative measures in the adjustment of labor relationship (the role of the government is much more important).

The labor laws of USA, Japan and France are introduced and compared with the one in China. The labor law of USA focuses on employment discrimination, and employment relationship can be ended by any one side at any time for any reason. The labor market in Japan is famous for lifetime employment, but lifetime employment is not legal responsibility and is limited to core workers and domestic area. The labor law of France stresses the interests of employee. It is difficult and costly to fire a person in France, which has become a big problem for economic growth and a source of social contradiction. However, the protection of employee is still mainly on implementation level, not on legislative level.

Through international comparison, one can find that the labor law of China provides the highest level of employment protection because it covers both core and peripheral workers and is on legislative level.  

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