An Exploratory Study of the Emergent Model of Labor Regulation in Contemporary China
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This paper aims to articulate the emergent labor regulation model in contemporary China. To accomplish this, I first review six popular accounts of enforcement and compliance in previous research, and then examine the relevance of these accounts to labor regulation in China. Although useful, existing approaches do not fit the Chinese context well, and thus cannot fully explain current labor law enforcement and compliance in China. Against this backdrop, in this paper, I propose a Chinese model of labor regulation, namely, the state-designed, bottom-up deterrence model, and describe its working mechanisms and unique features. I identify the following main features: first, the Chinese emerging model was thoroughly designed by the state, which established a floor for bottom-up pressure against complacent labor officials and unlawful employers; second, this emergent model is characterized by bottom-up pressure—the government strongly welcomes bottom-up “input” activities from individual workers and various societal actors as long as this input from bottom remains within state guidelines; and, third, this bottom-up model shares an element of deterrence theory in that the heightened risk and uncertainty that employers perceive are the main predictors of employers’ compliance, but it diverges from deterrence theory in that the source of enforcement is indirect intervention from the bottom, rather than direct state intervention. By articulating the emergent model in China, this paper can enrich current discussions of the varieties of labor regulations across the globe. In addition, it can help Korean firms in China better understand how labor regulation works and thereby enable them to take steps toward becoming more responsible in China.
Abstract
This paper aims to articulate the emergent labor regulation model in contemporary China. To accomplish this, I first review six popular accounts of enforcement and compliance in previous research, and then examine the relevance of these accounts to labor regulation in China. Although useful, existing approaches do not fit the Chinese context well, and thus cannot fully explain current labor law enforcement and compliance in China. Against this backdrop, in this paper, I propose a Chinese model of labor regulation, namely, the state-designed, bottom-up deterrence model, and describe its working mechanisms and unique features. I identify the following main features: first, the Chinese emerging model was thoroughly designed by the state, which established a floor for bottom-up pressure against complacent labor officials and unlawful employers; second, this emergent model is characterized by bottom-up pressure—the government strongly welcomes bottom-up “input” activities from individual workers and various societal actors as long as this input from bottom remains within state guidelines; and, third, this bottom-up model shares an element of deterrence theory in that the heightened risk and uncertainty that employers perceive are the main predictors of employers’ compliance, but it diverges from deterrence theory in that the source of enforcement is indirect intervention from the bottom, rather than direct state intervention. By articulating the emergent model in China, this paper can enrich current discussions of the varieties of labor regulations across the globe. In addition, it can help Korean firms in China better understand how labor regulation works and thereby enable them to take steps toward becoming more responsible in China.
참고문헌 (96)
- Amengual, M., "Complementary Labor Regulation : The Uncoordinated Combination of State and Private Regulators in the Dominican Republic", World Development, 38(3), pp.405~414 (2010)
- Armbruster-Sandoval, R., "Globalization and Transnational Labor Organizing : The Honduran Maquiladora Industry and the Kimi Campaign", Social Science History, 27(4), pp.551~ (2003)
- Arthus, H., "Labor Law in an Era of Globalization : Transformative Practices and Possibilities" (2004), Oxford University Press
- Ayres, I., "Responsive Regulation : Transcending the Regulatory Debate" (1992), Oxford University Press
- Bandy, J., "A Place of Their Own? Women Organizers in the Maquilas of Nicaragua and Mexico", Mobilization : An International Journal, 8(2), pp.173~188 (2003)
- Bardach, E., "Going by the Book : The Problem of Regulatory Unreasonableness" (1982), Temple University Press
- Baron, J., "War and Peace : the evolution of modern personnel administration in US industry", American Journal of Sociology, 92, pp.350~383 (1986)
- Becker, G., "Crime and Punishment : An Economic Approach", The Journal of Political Economy, 76, pp.169~217 (1968)
- Bickham Mendez, J., "From the Revolution to the Maquiladoras : Gender, Labor and Globalization in Nicaragua" (2005), Duke University Press
- Braithwaite, J., "Testing an Expected Utility Model of Corporate Deterrence", Law and Society Review, 25(1), pp.7~39 (1991)
- Bullert, B. J., "Progressive Public Relations, Sweatshops, and the Net", Political Communication, 17, pp.403~407 (2000)
- Business Week, "Secrets, Lies, and Sweatshops", ~ (2006)
- Casale, G, "Labour Administration Reforms in China" (2013), ILO
- Chan, A., "Vietnam’s and China’s Diverging Industrial Relations Systems : Cases of Path Dependency", Journal of Contemporary Asia, pp.1~20 (2019)
- Chan, A., "Vietnamese and Chinese labour regimes : on the road to divergence", The China Journal Issue, 40, pp.173~197 (1998)
- Chan, C. K. C., "The making of a new working class? A study of collective actions of migrant workers in South China", The China Quarterly, 198, pp.287~303 (2009)
- Chen, F., "Legal Mobilization by Trade Unions : The Case of Shanghai", The China Journal, 52, pp.27~45 (2004)
- Chen, F., "Individual Rights and Collective Rights : Labor’s Predicament in China", Communist and Post-Communist Studies, 40, pp.59~79 (2007)
- China Labor News Translations, "Shenzhen Labor Activist Attacked", ~ (2007)
- China Labor News Translations, "Labor NGOs in Guangdong Province", ~ (2008)
- China Labor News Translations, "Dagongzhe Migrant Workers’ Centre fights on despite violent attack", ~ (2009)
- China Labor News Translations, "Chinese Labor NGOs and Free Legal Services Always in a Precarious Situation", ~ (2010)
- Cooney, S., "Making Chinese Labor Law Work", Fordham International Law Journal, 30 (2007)
- Cooney, S., "China’s Labour Law, Compliance and Flaws in Implementing Institutions", Journal of Industrial Relations, 49(5), pp.673~686 (2007)
- DiMaggio, P. J., "The Iron Cage Revisited : Institutional Isomorphism and Collective Rationality in Organizational Fields", American Sociological Review, 48(2), pp.147~160 (1983)
- Dobbin, F., "The Strength of a Weak State : The Rights Revolution and the Rise of Human Resources Management Divisions", American Journal of Sociology, 104(2), pp.441~476 (1998)
- Dong, B., "From the Labor Law to the Labor Contract Law", Paper presented at the conference on Breaking Down Chinese Walls? : The Changing Faces of Labor and Employment in China, pp.26~28 (2008), Cornell University
- Duhigg, C., "In China, the Human Costs That Are Built Into an iPad", NY Times, ~ (2012)
- Edelman, L. B., "Professional Construction of the Law : The Inflated Threat of Wrongful Discharge", Law and Society Review, 26(1), pp.47~84 (1992)
- Elfstrom, M., "A Tale of Two Deltas : Labour Politics in Jiangsu and Guangdong", British Journal of Industrial Relations, 57(2), pp.247~274 (2019)
- Esbenshade, J., "Monitoring Sweatshops : Workers, Consumers, and the Global Apparel Industry" (2004), Temple University Press
- Esping-Anderson, G., "The Three Worlds of Welfare Capitalism" (1990), Princeton University Press
- "Foxconn Report" (2012)[URL]
- Featherstone, L., "Students Against Sweatshops" (2002), Verso Press
- Feldner, S., "New Media and Public Relations" (2007), Peter Lange Publishing
- Franceschini, I, "Labour NGOs in China : A Real Force for Political Change?", The China Quarterly, 218, pp.474~492 (2014)
- Freeman, R., "What do unions do?" (1984), Basic Books
- Frenkel, S., "Compliance, collaboration, and codes of labor practice : The Adidas connection", California Management Review, 45(1), pp.29~49 (2002)
- Friedman, E., "Remaking the World of Chinese Labor : A Thirty Year Retrospective", British Journal of Industrial Relations, 48(3), pp.507~533 (2010)
- Frundt, H., "Movement Theory and International Labor Solidarity", Labor Studies Journal, 30(2), pp.19~40 (2005)
- Gallagher, M., "Contagious Capitalism : Globalization and the Politics of Chinese Labor" (2005), Princeton University Press
- Gunningham, N., "Shades of Green, Business Regulation and Environment" (2003), Stanford University Press
- Gurman, M., "Apple, Foxconn Broke a Chinese Labor Law to Build Latest iPhones", Bloomberg, ~ (2019)
- He, G., "Does customer auditing help Chinese workers?"", ILR Review, 66(2), pp.511~524 (2013)
- Hirsch, E., "The Strength of Weak Enforcement : The Impact of Discrimination Charges, Legal Environments, and Organizational Conditions on Workplace Segregation", American Sociological Review, 74, pp.245~271 (2009)
- Howell, J., "All-China Federation of Trade Unions beyond reform? The slow march of direct elections", China Quarterly, 196, pp.845~863 (2008)
- Howell, J., "Shades of authoritarianism and state-labour relations in China", British Journal of Industrial Relations, 57(2), pp.223~246 (2019)
- Jacoby, S., "Employing Bureaucracy : Managers, Unions, and the Transformation of Work in American Industry 1900~1945" (1985), University of Georgia Press
- Jenkins, R., "Corporate Codes of Conduct : Self-regulation in a global economy" (2001), United Nations Research Institute for Social Development
- Keck, M., "Activists beyond borders : Advocacy networks in international politics" (1998), Cambridge University Press
- Kelly, E., "Failure to Update: An Institutional Perspective on Noncompliance with the Family & Medical Leave Act", Law and Society Review, 44(1), pp.33~66 (2010)
- Kuruvilla, S., "Editorial Essay : From Cautious Optimism to Renewed Pessimism : Labor Voice and Labor Scholarship in China", British Journal of Industrial Relations, pp.1013~1028 (2018)
- Lee, C. K., "Against the Law : Labor Protests in China’s Rustbelt and Sunbelt" (2007), University of California Press
- Lee, C. K., "From the Iron Rice Bowl to Informalization: Markets, State and Workers in a Changing China" (2011), Cornell University Press
- Li, C., "Overcoming collective action problems facing Chinese workers : Lessons from four protests against Walmart", ILR Review, 71(5), pp.1078~1105 (2018)
- Li, X., "How Does C hina's New L abour C ontract L aw Affect Floating Workers?", British Journal of Industrial Relations, 53(4), pp.711~735 (2015)
- Locke, R. M., "Does Monitoring Improve Labor Standards? Lessons from Nike", Industrial and Labor Relations Review, 61(1), pp.3~31 (2007)
- Locke, R., "Virtue out of Necessity? Compliance, Commitment, and the Improvement of Labor Conditions in Global Supply Chain", Politics and Society, 37(3), pp.319~351 (2009)
- Regularized Riotings : The Strategic Toleration of Public Protest in China, "Lorentzen, P.", ~ (2008)
- Manic, I., "Implementing Codes of Conduct : How Businesses Manage Social Performance in Global Supply Chains" (2004), Geneva ILO Publishing
- Marshall, T., "Citizenship and Social Class" (1992), Pluto Press
- Matten, D., "Corporate Citizenship : Toward an Extended Theoretical Conceptualization", Academy of Management Review, 30(10), pp.166~179 (2005)
- Chinese Unions : Nugatory or Transforming? An Alice Analysis, "Metcalf, D.", CEP, ~, pp.CEP Discussion Paper 708 (2005)
- Murrary, J., "Rising Above Sweatshops : Innovative Approaches to Global Labor Challenges" (2003), Praeger
- Nathan, A, "Authoritarian Resilience", Journal of Democracy, 14(1), pp.6~17 (2003)
- O’Brien, K., "Rightful Resistance in Rural China" (2006), Cambridge University Press
- O’Rourke, D., "Outsourcing Regulation : Analyzing Nongovernmental Systems of Labor Standards and Monitoring", Policy Studies Journal, 31(1), pp.1~29 (2003)
- O’Rourke, D, "Multi-stakeholder Regulation : Privatizing or socializing Global Labor Standards?", World Development, 34(5), pp.899~918 (2006)
- Piore, M., "Rethinking International Labor Standards", Presented at Conference on Labor and the Globalization of Production (2002), The Center for Economic Policy Analysis, New School University
- Piore, M., "Labor Inspectors : The Front Line in the Battle for Decent Work", Presented at Making Decent Work a Global Goal and a National Reality of International ILO Conference (2007)
- Piore, M., "Toward managed flexibility : The revival of labour inspection in the Latin world", International Labor Review, 147(1), pp.1~23 (2008)
- Polinsky, M., "The economic theory of public enforcement of law", Journal of Economic Literature, 38(1), pp.45~76 (2000)
- Reid, D., "Putting Social Reform into Practice : Labor Inspectors in France, 1892~1914", Journal of Social History, 20(1), pp.67~87 (1986)
- Reiss, A., "Enforcing Regulation" (1984), Kluwer Nijhoff Publishing
- Roberts, D., "Waking Up To Their Rights", Bloomberg Businessweek (2005)
- Rodriguez-Garavito, C., "Global Governance and Labor Rights : Codes of Conduct and Anti-Sweatshop Struggles in Global Apparel Factories in Mexico and Guatemala", Politics and Society, 33(2), pp.203~233 (2005)
- Ruggie, J., "Taming Globalisation : Frontiers of Governance Cambridge" (2003), Polity Press
- Santoro, M, "China 2020" (2009), Cornell University Press
- Scherer, A., "Toward a Political Conception of Corporate Responsibility : Business and Society Seen from a Habermasian Perspective", Academy of Management Review, 32(4), pp.1095~1120 (2007)
- Scherer, A., "Global Rules and Private Actors : Toward a New Role of the Transnational Corporation in Global Governance", Business Ethics Quarterly, 16, pp.505~532 (2006)
- Schmitter, P., "Trends towards Corporatism Intermediation", pp.7~49 (1979), Sage
- Schrank, A., "Labor Standards and Human Resources : A Natural Experiment in an Unlikely Laboratory" (2008), Unpublished manuscript
- Schrank, A., "Professionalization and Probity in the Patrimonial State : Labor Law Enforcement in the Dominican Republic" (2008), Unpublished manuscript
- Seidman, G., "Beyond The Boycott : Labor Rights, Human Rights, And Transnational Activism" (2007), Russell Sage Foundation
- Shambaugh, D., "China’s Communist Party : Atrophy and Adaptation" (2008), University of California Press
- Soule, S., "Contention and Corporate Social Responsibility" (2009), Cambridge University Press
- Stigler, G., "The Theory of Economic Regulation", Bell Journal of Economic and Management Science, 2(1), pp.3~21 (1971)
- Sutton, J., "The Legalization of the Workplace", American Journal of Sociology, 99, pp.944~971 (1994)
- Sweeney, P., "China's labor law under fire as restructuring threatens jobs", Reuters, ~ (2016)
- Teague, P., "Reforming the Anglo-Saxon Model of Labour Inspection : The Case of the Republic of Ireland", European Journal of Industrial Relations, 15(2), pp.207~225 (2009)
- Excessive Overtime in Chinese Supplier Factories : Causes, Impacts, and Recommendations for Action, "Verite", ~ (2004)
- Von Richthofen, W., "Labour Inspection : A Guide to the Profession" (2002), International Labour Office
- Weil, D., "If OSHA Is So Bad, Why Is Compliance So Good?", RAND Journal of Economics, 27(3), pp.618~640 (1996)
- Xu, Y., "Labor non-governmental organizations in China : Mobilizing rural migrant workers", Journal of Industrial Relations, 55(2), pp.243~259 (2013)
- Zhu, C., "Main findings of ILO", MOHRSS Joint Review Mission on LI in China, 2009, ~