Book contents
- Frontmatter
- Contents
- List of Contributors
- Acknowledgments
- 1 Law and Development in Middle-Income Countries
- Part I The Politics of Development in Middle-Income Countries
- Part II Middle-Income Countries in a Globalized Economy
- Part III Good Governance and the Rule of Law in Middle-Income Countries
- Part IV Socioeconomic Challenges in Middle-Income Countries
- 11 The Role of Courts and Constitutions in the New Politics of Welfare in Latin America
- 12 The Judicialization of Health Care
- 13 Nascent Protections in Emerging Giants
- 14 Environmental Challenges in Middle-Income Countries
- Part V International Donor Strategies for Middle-Income Countries
- Appendix Selected Country Data as of 2011
- Index
- References
13 - Nascent Protections in Emerging Giants
Struggles to Judicialize Labor Rights in China and Indonesia
Published online by Cambridge University Press: 05 June 2014
Book contents
- Frontmatter
- Contents
- List of Contributors
- Acknowledgments
- 1 Law and Development in Middle-Income Countries
- Part I The Politics of Development in Middle-Income Countries
- Part II Middle-Income Countries in a Globalized Economy
- Part III Good Governance and the Rule of Law in Middle-Income Countries
- Part IV Socioeconomic Challenges in Middle-Income Countries
- 11 The Role of Courts and Constitutions in the New Politics of Welfare in Latin America
- 12 The Judicialization of Health Care
- 13 Nascent Protections in Emerging Giants
- 14 Environmental Challenges in Middle-Income Countries
- Part V International Donor Strategies for Middle-Income Countries
- Appendix Selected Country Data as of 2011
- Index
- References
Summary
INTRODUCTION
Roughly 930 million people go to work each day across Indonesia and China. Like many middle-income counterparts, both countries share a history of repression of independent labor organizations and a general lack of respect of labor rights as generally defined in North America or Western Europe. Over the past decade, as China has sought to restore greater equity to its version of “market socialism” and Indonesia has felt its way toward democratization after half a century of military authoritarianism, both have enacted significant measures with an aim of judicializing labor rights and protections. Broadly speaking, Indonesia has created new institutions to facilitate the adjudication of labor rights, while China has laid down new rules to specify labor protections more clearly and forcefully.
Indonesia and China have dramatically different political systems and different levels of per capita gross domestic product (China’s was nearly $1,500 higher than Indonesia’s in 2010, according to the World Bank). They are nevertheless comparable in that they are both large, middle-income countries (MICs) in Asia with developmentalist authoritarian legacies. Tracing the processes by which these two states have moved toward judicialization of labor rights over the past decade thus sheds light on a number of aspects of legal development and change in large MICs.
- Type
- Chapter
- Information
- Law and Development of Middle-Income CountriesAvoiding the Middle-Income Trap, pp. 270 - 287Publisher: Cambridge University PressPrint publication year: 2014
References
, Governing with Judges: Constitutional Politics in Europe (Oxford University Press, 2002)Google Scholar
, Towards Juristocracy: The Origins and Consequences of the New Constitutionalism (Harvard University Press, 2004).Google Scholar
, “Judicialization and the Construction of Governance,” Comparative Political Studies 32 (1999): 147–84, at 164.CrossRefGoogle Scholar
and , eds., Rule by Law: The Politics of Courts in Authoritarian Regimes (Cambridge University Press, 2008)CrossRef
and , eds., Administrative Law in Asia (Routledge, 2009)
, “Access to Justice in China: Potentials, Limits, and Alternatives,” in Legal Reforms in China and Vietnam: A Comparison of Asian Communist Regimes, ed. and (Routledge, 2010), 163–87Google Scholar
, “Exploring the Limits of the Judicialization of Land Disputes in Vietnam,” Law & Society Review 45 (2011): 241–76CrossRefGoogle Scholar
and , “Access to Justice in Post-Mao China: Assessing the Politics of Criminal and Administrative Law,” Journal of East Asian Studies 11 (2011): 467–99.CrossRefGoogle Scholar
, “A “China Model” or Just a Broken Mould?,” in Development Models in Muslim Contexts: Chinese, “Islamic” and Neo-Liberal Alternatives, ed. (Edinburgh University Press, 2009), 13–25.Google Scholar
and , “Street as Courtroom: State Accommodation of Labor Protests in South China,” Law and Society Review 44 (2010): 157–85.CrossRefGoogle Scholar
and , “The Moral Universe of Aggrieved Chinese Workers: Workers’ Appeals to Arbitration Committees and Letters and Visits Offices,” The China Journal 50 (2003): 83–103.CrossRefGoogle Scholar
, “Grand Mediation in China: Mechanism and Application,” Asian Survey 51 (2011): 1065–89CrossRefGoogle Scholar
, “Protective Repression, International Pressure, and Institutional Design: Explaining Labor Reform in Indonesia,” Studies in Comparative International Development 39 (2004): 28–49.CrossRefGoogle Scholar
, “‘Shopping Forums’: Indonesia’s Administrative Courts,” in New Courts in Asia, ed. and (Routledge, 2009), 209–30, at 209.Google Scholar
, Pengadilan Perburuhan di Indonesia [Labor Courts in Indonesia] (Perhimpunan Solidaritas Buruh, 2006), 74–5.Google Scholar
and , Kompilasi Putusan Pengadilan Hubungan Industrial Terseleksi, 2006–2007 [Compilation of Selected Decisions of Courts of Industrial Relations, 2006–2007] (Trade Union Rights Centre, 2007).Google Scholar
and , “New Courts in Asia: Law, Development, and Judicialization,” in New Courts in Asia, ed. and (Routledge, 2010), 1–27.Google Scholar
, “‘Use the Law as your Weapon!’: Institutional Change and Legal Mobilization in China,” in Engaging the Law in China: State, Society, and Possibilities for Justice, ed. , , and (Stanford University Press, 2005), 31–53Google Scholar
, Against the Law: Labor Protests in China’s Rustbelt and Sunbelt (University of California Press, 2007).Google Scholar
, “China’s Labour Laws in Transition,” in Law, Wealth and Power in China: Commercial Law Reforms in Context, ed. (Routledge, 2011), 163–81.Google Scholar
, “Laodong Hetong Fa Quyu Shishi de Kunjing yu Yingdui” [Difficulties and Remedies in the Regional Implementation of the Labor Contract Law], Fazhi Luntan 2 (2011): 24–33, at 26.Google Scholar
and , “‘Laodong Hetong Fa’ Shishizhong de Wenti, Yunyin ji Duice: Jiyu Henan Sheng X Shi de Shizheng Diaocha” [Problems, Reasons, and Countermeasures in the Implementation of the Labor Contract Law: Empirical Research in Henan Province’s City X], Beijing Laodong Baozhang Zhiye Xueyuan Xuebao 6 (2012): 18–23, at 21.Google Scholar
, “Nongmin Gong Gai Zeyang Weihu Ming yu Quan?” [How Should Rural-Urban Migrant Workers Protect Their Reputation and Rights?], Nongcun Kexue Shiyan 8 (2012): 42–3.Google Scholar
, “Laodong Hetong Fa Shishi yilai Woguo Laodong Guanxi Mianling de Wenti yu Duice: Zhendui Hubei Sheng San Shi de Diaocha Yanjiu” [Labor Relations Problems Faced by Our Country and Countermeasures since Implementation of the Labor Contract Law: Investigative Research on Three Cities in Hubei Province], Zhongguo Renli Ziyuan Kaifa 8 (2011): 83–7, at 85–6.Google Scholar
and , “Recession and the Politics of Class and Production in China,” New Political Science: A Journal of Politics and Culture 33 (2011): 509–24.CrossRefGoogle Scholar
, “‘Laodong Hetong Fa’ zai Minying Qiyezhong de Shishi Xiangzhuang yu Duice: yi Xiningshi wei Li” [The Current Situation of Implementation of “The Labor Contract Law” and Countermeasures in Private Enterprises: A Case Study of Xining City], Changsha Daxue Xuebao 26 (2012): 75–7, at 76.Google Scholar
, “Ruhe Lijie Laodong Hetong Fa di Shisi Tiaozhong de ‘Lianxu’” [How to Understand “Continuous” in Article 14 of the Labor Contract Law], Zhongguo Laodong 4 (2012): 47–9Google Scholar
, , and , “‘Laodong Hetong Fa’ zhongwu Guding Qixian Laodong Hetong yu Yongren Danwei Danfang Jiegu Zhidu Xianghu Guanxi Yanjiu” [Research into the Mutual Relationship between the System of Labor Contracts of Indefinite Term and the System of Unilateral Work Unit Dismissals under the Labor Contract Law], Fazhi Luntan 2 (2012): 115–27.Google Scholar
, “Dengqing Mohu Wenti: Laodong Hetong Fa Geng Caozuoxing, Zhuanjia Bang Nin Jiedu ‘Zhongghu Renmin Gongheguo Laodong Hetong Fa Shishi Tiaoli’” [Clarifying Confusing Issues: The Labor Contract Law’s Greater Practicality, Experts Help You Decipher the Implementation Regulations of the Labor Contract Law of the People’s Republic of China], Heilongjiang Bao, October 6, 2008, 11.
, “Lun Jiechu Laodong Guanxi Liyou de Zhengming Zeren: cong ‘Laodong Hetong Fa’ di 38 Tiao Tanqi” [On the Burden of Proof for the Reasons for Severing Labor Relations: Discussing Article 38 of the Labor Contract Law], Zhongbei Daxue Xuebao (Shehui Kexue Ban) 28 (2012): 27–30, at 29.Google Scholar
, “‘Laodong Hetong Fa’ de Jingji Butie Jin Wenti Yanjiu” [Research into Problems of Economic Subsidy Payments under the Labor Contract Law], Fazhi yu Shehui 3 (2012): 104–5.Google Scholar
, “Chengshi Nongmin Gong Tao Xin Nan Xianxiang de Tansuo yu Sikao” [Exploration and Thoughts on the Difficult Phenomenon of Rural-Urban Migrant Workers Salary Demands], Wuhan Shangye Fuwu Xueyuan Xuebao 24 (2010): 35–9, at 37Google Scholar
, “Miandui Xin ‘Laodong Hetong Fa’, Qiye Ruhe ‘Ziwo Baohu’?” [Facing a New Labor Contract Law, How Do Enterprises Protect Themselves?], Minying Jingji Bao, March 13, 2008, A8.Google Scholar
, , , and , “Guanyu Guoyou Qiye Gaizhihou Laodong Zhengyi Anjian de Diaoyan Baogao” [Research Report on Labor Dispute Cases in State-Owned Enterprises after Structural Reform], Fazhi yu Shehui 1 (2012): 253–7.Google Scholar
, , and , “Implementing China’s Labor Law Reforms: Interests and Obligations at the Firm-Level,” in Law and Policy for China’s Market Socialism, ed. (Routledge, 2012), 118–30.Google Scholar
and , “China’s New Labor Law: No Harm to Employment?,” China Economic Review 20 (2009): 558–72, at 570.CrossRefGoogle Scholar
, ‘“Laodong Hetong Fa’ Zhong Guanyu Laodong Hetong Jiechu Wenti de Qianlun” [Basic Theories on Problems in the Labor Contract Law Regarding the Severing of Contracts], Fazhi yu Shehui 7 (2011): 36–7Google Scholar
, “Laodong Zhongcai Zhidu Ruogan Wenti Tantao” [Probing Various Problems in the Labor Arbitration System], Hezuo Jingji yu Keji 4 (2012): 127–8.Google Scholar
, “Winners Take All: The Politics of Partial Reform in Post-communist Transitions,” World Politics 50 (1998): 203–34.CrossRefGoogle Scholar