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East Asian Labor and Employment Law

East Asian Labor and Employment Law International and Comparative Context

Author: Ronald C. Brown
Publisher: Cambridge University Press
ISBN: 9781107018334
Published In: May 2012
Format: Hardback , 570 pages
Jurisdiction: Asia, China, Hong Kong, Japan, South Korea, Taiwan ? Disclaimer:
Countri(es) stated herein are used as reference only

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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). The book should be of interest not only to lawyers, students, human resource personnel and government officials, but also to business investors, managers and members of the public interested in the growing phenomenon of changing labor laws and societies in China, South Korea and Japan.

• Explores and explains the effects of globalization

• Discusses the role of international lawyers, business personnel and human resource directors who are knowledgeable and culturally sensitive

• Explores and explains the effects of globalization and discusses the role of international lawyers, business personnel and human resource directors

Preface	ix
Acknowledgments	xiii
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
Index	539