Open AccessLabor Dispute Resolution and Migrant Workers’ Legal Rights Protection in China
Author(s) -
Jieren Hu,
Danny Bernard Martin
Publication year - 2020
Publication title -
chinese journal of international review
Language(s) - English
Resource type - Journals
eISSN - 2630-5321
pISSN - 2630-5313
DOI - 10.1142/s2630531320500043
Subject(s) - labor disputes , mediation , arbitration , china , migrant workers , tribunal , dispute mechanism , dispute resolution , business , political science , alternative dispute resolution , labor relations , labour law , law , economic growth , economics
The formal labor dispute resolution system of administrative organs, arbitration tribunal and courts which have been established to handle labor disputes remains an ineffective tool for migrant workers to resolve their disputes with their employers in China. Moreover, experience has exemplified that among the mediation style, non-official mediators have proven to be more effective in settling cases and helping migrant workers than mediators within the formal system. Taking “Little Bird,” a famous NGO for migrant workers rights protection in China, as an example, this article focuses on the problem of arrears in wages of migrant workers from a sociological-legal perspective. This article argues that the current legal system in China fails to adequately protect the legitimate rights and interests of migrant workers and that informal mediation may help resolve disputes between migrant workers and employers more efficiently. The effectiveness of NGO’s role in handling labor disputes as well as its limitations, would also be analyzed and discussed.