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From Iron Rice Bowl to InformalizationMarkets, Workers, and the State in a Changing China$
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Sarosh Kuruvilla, Ching Kwan Lee, and Mary E. Gallagher

Print publication date: 2011

Print ISBN-13: 9780801450242

Published to Cornell Scholarship Online: August 2016

DOI: 10.7591/cornell/9780801450242.001.0001

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Legislating Harmony

Legislating Harmony

Labor Law Reform in Contemporary China

Chapter:
(p.36) Chapter 3 Legislating Harmony
Source:
From Iron Rice Bowl to Informalization
Author(s):

Mary E. Gallagher

Baohua Dong

Publisher:
Cornell University Press
DOI:10.7591/cornell/9780801450242.003.0003

This chapter examines the development of Chinese labor and employment legislation, from the initial drafting of the first National Labor Law in 1994 to the drafting and implementation of the Labor Contract Law in 2007. First, it compares the social contexts of the 1994 National Labor Law and the 2007 draft of the Labor Contract Law. Second, it examines the drafting process itself, with particular attention to the effects of increased transparency and public participation. Third, it focuses on policy output—the competing versions of different drafts as the labor contract law moved through the legislative process. Fourth, it highlights problems of institutional capacity through an examination of the initial implementation period of the new laws.

Keywords:   National Labor Law, Labor Contract Law, Chinese labor law, employment legislation

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