<p>This article demonstrates how Chinese people’s courts restrict the labor rights provided by labor law or labor contract law through comparing and analyzing the judicial interpretation and other documents. It was discovered that although there are special protections in the legislation covering laborers, some of these safeguards are weakened in practice through judicial interpretation and the minutes of meetings. These restrictions which apply to labor is shown in the right to sign a non-fixed labor contract; the relief right in illegal labor dispatch; the right to compensation when a worker has been illegally dismissed; and the burden of producing evidence. There is much that can be done to improve the position of labor in China. Finally, as opposed to previous studies in this field, this article provides a new perspective for researching Chinese labor problems.</p>

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The Restriction of Labor Rights by Chinese People’s Courts

  • Qiang Liu

摘要

This article demonstrates how Chinese people’s courts restrict the labor rights provided by labor law or labor contract law through comparing and analyzing the judicial interpretation and other documents. It was discovered that although there are special protections in the legislation covering laborers, some of these safeguards are weakened in practice through judicial interpretation and the minutes of meetings. These restrictions which apply to labor is shown in the right to sign a non-fixed labor contract; the relief right in illegal labor dispatch; the right to compensation when a worker has been illegally dismissed; and the burden of producing evidence. There is much that can be done to improve the position of labor in China. Finally, as opposed to previous studies in this field, this article provides a new perspective for researching Chinese labor problems.