East Asian labor and employment law : international and comparative context / Ronald C. Brown.

Format:

Book

Author/Creator:

Brown, Ronald C., author.

Language:

English

Subjects (All):

Labor laws and legislation--Asia.

Labor laws and legislation.

Asia.

Physical Description:

1 online resource (xiv, 556 pages) : digital, PDF file(s)

Other Title:

East Asian Labor & Employment Law

Place of Publication:

Cambridge : Cambridge University Press, 2012.

System Details:

text file

PDF

Summary:

This book deals with international labor and employment law in the East Asia Region (EA), particularly dealing with China, South Korea and Japan. It explores and explains the effects of globalization and discusses the role played by international labor law as it affects lawyers, business, labor, labor unions and human resource management, and the labor issues that can arise in dealing in EA trade and investment. The text, and the readings (from area experts), are organized and written to provide the reader with, first, a broad understanding and insight into the global dimensions of the fast-emerging area of labor and employment issues (e.g., global legal standards and their interplay with domestic and foreign laws); and second, to show how these laws and approaches play out in specific EA countries (comparing global approaches with the specific laws of each country on four common agenda items: regulatory administration, workers' rights, trade unions and dispute resolution).

Contents:

I Perspective: Globalism and Its Impacts 1

A Economic Integration: Business Flows and Expanding Legal Issues 2

1 Cross-Border Business 2

a Economic Integration 2

b Foreign Direct Investment 7

c Global Production Systems, Outsourcing, Offshoring, and Employment 15

2 Global Impacts 26

a Labor and Employment 27

b Labor Unions 40

c Business: Wal-Mart Illustration 48

d HRM 51

3 International Labor Law Practice 57

B International and Comparative Labor and Employment Law 71

1 Evolving Area of International Labor Law; Employee Rights as Human Rights; Comparative Biases 71

a Globalization of the Law of Labor and Employment 71

b Global "Common Law"? 75

c East Asian Harmonization: Regionalization or "Asianization"? 78

d Are Labor Rights Human Rights? 90

e Comparative Biases 97

2 Different Legal Systems 104

a Western Law and Legal Traditions 104

b Common Characteristics of Civil and Common Law 107

c Convergence and Divergence? 115

II Global Legal Standards 116

A ILO Core Labor Standards and the Interplay of Domestic, International, and Foreign Labor Laws 116

1 ILO Core Labor Standards 118

2 Linking Trade and Labor Standards 121

3 Coordinating Domestic, International, and Foreign Labor and Employment Laws and HRM 130

B Enforcement: Codes of Conduct, U.S. Laws, and Litigation 140

1 Codes of Conduct as Self-Regulation 140

2 Enforcement of Labor Standards through Litigation 165

a Codes of Conduct: Wal-Mart Case 165

b Alien Tort Claims Act 177

c Litigating ILO Standards: U.S. Illustration 179

3 Enforcement of Labor Rights in FTAs, OECD Guidelines, and Trade Legislation 193

III Agenda Items: Criteria, Alternatives, and Evaluative Standards 209

A Regulatory Sources, Structures, and Administration 209

1 Diverse Approaches Addressing Common Issues 209

2 U.S. Illustration as Context 213

3 Evaluation of U.S. Labor and Employment Laws on Core Labor Standards 226

B Workers' Labor Rights and Benefits 235

1 Definitions, Sources, and Coverage: The Dilemma of Underregulation 235

a Employees Defined 235

b Coverage 244

2 Labor Rights: Sources and Illustrations 247

a Illustrative Sources 247

b Safety and Health 250

c Equality and Discrimination 260

C Labor Unions 272

1 Global and International Labor Unions 272

2 National Labor Unions 279

3 Roles of Unions 286

4 Alternatives to Unions 287

D Dispute Resolution 291

1 Alternative Procedures 291

2 Settlement of Disputes over Labor Rights 294

3 Settlement of Disputes over Labor Interests 305

IV East Asian Labor Law Regimes 309

A Japan 309

1 Regulatory Sources, Structures, and Administration 310

2 Workers' Labor Rights and Benefits 314

3 Labor Unions and Industrial Relations 325

4 Dispute Resolution 334

a Labor Disputes 335

b Labor Dispute Resolution Processes 339

5 Critique under International Labor Standards 356

B South Korea 361

1 Regulatory Sources, Structures, and Administration 361

2 Workers' Labor Rights and Benefits 368

3 Labor Unions and Industrial Relations 382

4 Dispute Resolution 392

a Labor Disputes 392

b Labor Dispute Resolution Processes 396

5 Critique under International Labor Standards 399

C China 410

1 Regulatory Sources, Structures, and Administration 410

2 Workers' Labor Rights and Benefits 419

3 Labor Unions and Industrial Relations 433

4 Dispute Resolution 469

a Labor Disputes 469

b Labor Dispute Resolution Processes 471

5 Critique under International Labor Standards 477

6 Taiwan and Hong Kong: Brief Survey and Critiques 493

a Taiwan 494

b Hong Kong 506

V Advising on Comparative and Competitive Advantages in East Asian HRM Practices 527

A Vignettes 528

1 Hiring and Discrimination 528

2 Labor Contracts: Individual and Collective 530

3 Working Conditions and Benefits 531

4 Employer Discipline, Termination, and Alternative Dispute Resolution 531

5 Global Human Resource Management 535

B Growing Issues and Areas for Further Inquiry 536.

Notes:

Title from publisher's bibliographic system (viewed on 05 Oct 2015).

Other Format:

Print version:

ISBN:

9781139087629

Access Restriction:

Restricted for use by site license.