Teaching Comparative Government and Politics

Thursday, June 25, 2009

Rule of law

What conditions are necessary to claim that rule of law is effective? China has the law, but it doesn't appear to have rule of law. What's preventing the effective establishment of rule of law?

Despite Law, Job Conditions Worsen in China
A year and a half after a landmark labor law took effect in China, experts say conditions have actually deteriorated in southern China’s export-oriented factories, which produce many of America’s less expensive retail goods.

With China’s exports reeling and unemployment rising because of the global slowdown, there is growing evidence that factories are ignoring or evading the new law, and that the government is reluctant to enforce it.

Government critics say authorities fear that a crackdown on violators could lead to mass layoffs and even social unrest...

But workers are fighting back. Earlier this month, the government said Chinese courts were trying to cope with a soaring number of labor disputes, apparently from workers emboldened by the promise of the new contract labor law...

The law requires that all employees have a written contract that complies with minimum wage and safety requirements. It also strengthens the monopoly state-run labor union and makes it more difficult for companies to use temporary workers or to dismiss employees.

Western companies that outsource to China say they have stepped up their monitoring of supplier factories to ensure they comply with the law. But they acknowledge that ensuring compliance is challenging in China...

China’s huge and complicated labor market has long thrived on cheap labor and lax regulation. In recent years, labor rights advocates say they have seen incremental gains for workers. But they say there are growing signs of labor abuse...

[F]actory owners say that labor law enforcement has been weak and selective for years, and changing the rules now could lead to chaos, drive up prices and force many factories out of business...


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