Universität zu Köln

Ahl, Bjoern, Czoske, Pilar-Paz and Xu, Cui (2020). Labour rights protection of foreign employees in China. Asia. Pac. Law. Rev., 28 (1). S. 122 - 138. ABINGDON: TAYLOR & FRANCIS LTD. ISSN 1875-8444

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Abstract

This study discovered considerable differences of levels of protection provided by Chinese courts to foreign nationals in labour disputes. In general, courts in Beijing and Guangzhou extended significantly better legal protection to foreign employees than courts in Shanghai. Both groups, foreign employees with and without a valid work permit, do not receive the same level of labour rights protection as Chinese nationals. The legislative framework that governs employment relations between local employers and foreign employees is still based on the assumption that foreign employees do not need comprehensive statutory protections of labour rights. International law that aims at protecting migrant workers acknowledges the equal treatment of nationals and non-nationals with regard to the protection against unjustified dismissal as a minimum standard. The Chinese legislator should consider bringing the current legislation in conformity with international standards.

Item Type:	Journal Article
Creators:	Creators Email ORCID ORCID Put Code Ahl, Bjoern UNSPECIFIED UNSPECIFIED UNSPECIFIED Czoske, Pilar-Paz UNSPECIFIED UNSPECIFIED UNSPECIFIED Xu, Cui UNSPECIFIED UNSPECIFIED UNSPECIFIED
URN:	urn:nbn:de:hbz:38-315437
DOI:	10.1080/10192557.2020.1786264
Journal or Publication Title:	Asia. Pac. Law. Rev.
Volume:	28
Number:	1
Page Range:	S. 122 - 138
Date:	2020
Publisher:	TAYLOR & FRANCIS LTD
Place of Publication:	ABINGDON
ISSN:	1875-8444
Language:	English
Faculty:	Unspecified
Divisions:	Unspecified
Subjects:	no entry
Uncontrolled Keywords:	Keywords Language STREAM MIGRATION; REFORM Multiple languages Law Multiple languages
URI:	http://kups.ub.uni-koeln.de/id/eprint/31543