Arbitration - Industrial, work environment, economic development, dispute resolution


The purpose of this paper is threefold: 1) compare the labor arbitration procedures of the U.S. and China; 2) identify labor issues that may be problematic for China in the future; and 3) recommend how China may address future workplace problems in its emerging economy. It is generally accepted that American labor arbitration is not a perfect process, but it is a reasonable Alternate Dispute Resolution (ADR) Procedure. More importantly, it is less expensive than litigation, and it provides finality to workplace disputes. In the volatile industrial economy of China, one could reasonably expect that there is the potential for future labor disputes that may seriously affect its economic growth and prosperity. Therefore, a proactive strategy for managing the concerted activities of the workers and the subsequent labor disputes is of utmost importance to the economic welfare of China and to foreign investors. The massive workforce and the steady flow of rural workers to highly industrialized urban areas not only provide cheap labor but also the potential for labor unrest. To assure its future in the global economy, China must prepare a sound labor relations strategy that minimizes workplace disputes and keeps labor unrest at a minimum. Accordingly, this paper will posit how the present Chinese laws and regulations may best be utilized to meet that objective.

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