Implementation Mechanisms for Chinese Labour Law: Institutions, Practices, and Challenges

Abstract

China has already established a mechanism for the implementation of labour law, namely an administrative law enforcement and labour dispute resolution mechanism consisting of labour inspection, mediation, arbitration and litigation. The key element and main objective of this mechanism is to provide an easy, quick and cheap way through which an employee can easily obtain a remedy in a timely manner and disputes between employee and employer can be settled efficiently. In these procedures, the government plays an important role. For historical and practical reasons, this system has some unique characteristics. Mediation plays a unique role in the resolution of labour disputes. The system of “one arbitration and two trials” basically accords with the nature and demands of the labour dispute resolution mechanism, but debates over it still continue. Labour inspection is an important way of upholding employees’ rights and rectifying the unlawful behaviour of employers, but its scope needs to be narrowed and personnel should be strengthened both in numbers and training. As labour laws and regulations become ever more complex in China, the capacity of the relevant authorities and organizations is becoming increasingly important.