In this article, through a comparative study between ILO fundamental Conventions and Chinese labor law, the writer points out several problems and shortcomings embodied in Chinese labor law. This article analyzes the status of Chinese trade unions and questions their ability to protect the interests of the Chinese working class. As for collective bargaining, the writer reviews the relevant Chinese labor law and discovers the reasons for the ineffectiveness of the collective bargaining system in China. In the case of forced labor, the writer critically evaluates three kinds of forced labor in today?s China. With regard to child labor, according to a review on relevant legislations, the writer points out certain internal legislation as contradictory. As far as discrimination with regard to employment and occupation is concerned, after a general overview on related ILO conventions and Chinese legislation, the writer focuses on employment based on social origin in China, using a case study on Chinese farmer workers. In the writer's understanding, as a vulnerable group, farmer workers have not received enough attention and special protection from Chinese labor legislation.
ILO Fundamental Conventions and Chinese Labor Law: From a Comparative Perspective,
U. Pa. E. Asia L. Rev.
Available at: http://scholarship.law.upenn.edu/ealr/vol2/iss1/4