Jenny Chan publishes analysis of the impacts of China's Labor Contract Law (May 2009)

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In Jenny Wai-ling Chan's  article, "Meaningful Progress or Illusory Reform?  Analyzing China's Labor Contract Law" (New Labor Forum, May 2009), she discusses the consequences of the Labor Contract Law (LCL) one year after its implementation in China on January 1, 2008.  The LCL provides many protections for workers, though not the right to strike.  While it has had little practical consequences for workers lives, Chan argues, there has been some gradual improvements in the legal reform process.  Significant social unrest  in recent years can be attributed in some part to the inability of workers to make claims based on legal reforms.  Because local judges lack autonomy to make legal decisions, especially when powerful interests are threatened and because they are subject to interference from higher courts, as Chan says, "Under these circumstances, workers' rights often end at the courtroom door."  That is, despite legal reforms which gives workers a voice with which to make claims regarding their rights, the legal system itself undermines the enforcement of law.  Chan's article provides on-the-ground analysis of the impacts of the LCL, and her references include many articles detailing specific issues at companies such as Nike and campaigns lead by the organization SACOM

For an expansive treatment of similar issues related to workers different strategies in contemporary China as they make claims on the state and through the law, one could read Ching-Kwan Lee's  2007 book, Against the Law: Labor Protests in China's Rustbelt and Sunbelt (University of California Press).

 

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