Using Mediation to Resolve Workplace Disputes in China

TitleUsing Mediation to Resolve Workplace Disputes in China
Publication TypeReport
Year of Publication2008
AuthorsZack, A. M.
Date Published07/2008
InstitutionUniversity of Hong Kong Law School
CityHong Kong
KeywordsChina, Corporate Codes of Conduct, dispute resolution, mediation

[Excerpt] Newspapers are filled with reports from China of exploitative workplace conditions and tens of thousands of wildcat strikes in an ever expanding private sector, with reports on restrictions imposed on the work of NGOs, and the development of independent trade unions that in other countries would help to remedy or overcome such unfair practices. Even though the government has made strides in promulgating new labor legislation, there is still room for a private system helping to achieve compliance with the standards set forth in many Corporate Codes of Conduct. It is appropriate that the consuming and investing public, the transnational corporations purchasing from Chinese factories and the world at large intensify their efforts to establish fair workplace conditions among factories producing for the Foreign Investment Enterprises and the conscientious brands by exposing worker exploitation and thus hopefully avoid or forestall a race to the bottom. Herein are some thoughts on how such an undertaking might proceed within existing Chinese law, and hopefully with the participation and encouragement of Chinese institutions.