Labour dispute arbitration in China: perspectives of the arbitrators. Issue 5 (3rd August 2015)

• Record Type: Journal Article
• Authors: Hwang, Kyung-Jin; Wang, Kan
• Is Part Of: Employee relations. Volume 37:Issue 5(2015)
• Page Start: 582
• Page End: 603
• Publication Date: 2015-08-03
• Subjects: China -- Industrial relations -- Chinese labour law -- Employment legislation -- Labour dispute arbitration system; Industrial relations -- Periodicals; 331.05
• DOI: 10.1108/ER-12-2014-0148
• Languages: English
• ISSNs: 0142-5455

Abstract

Abstract : Purpose: – The purpose of this paper is to explore China's labour dispute arbitration system reform through analysing the degree to which it has attained its stated objectives – notably, independence, justice, efficiency and professionalism – from the perspectives of the arbitrators, previously ignored in research on China. Design/methodology/approach: – This paper used a mixed research method using questionnaires and interviews. Questionnaires were sent to all full-time labour dispute arbitrators in Beijing, China with a useable response rate of 71 per cent. Additionally, qualitative semi-structured interviews were conducted with 24 key stakeholders involved in the arbitration process. Findings: – Instead of establishing an impartial platform, the arbitration system endeavours to promote the state's capacity to rule over labour relations. Its recent reform excluded arbitrational independence owing to concerns about reducing the Chinese Communist Party's arbitrary power. Arbitrational justice was perceived to improve through case resolution efficiency, which made arbitrators minimise arbitration time, partly because of high caseloads but largely because of their key performance indicators. Quality of arbitration was compromised. The arbitrators understood the spaces and boundaries of the reform, and focused on increasing professionalism to enable them to more fluidly manoeuvre between the different political economic interests, above safeguarding labour rights. Research limitations/implications: – The questionnaire size was too small for regression analysis. Future research should expand the sample sizes and conduct cross-regional studies. Practical implications: – In 2008, China undertook an arbitrational system reform – probing its practical influence contributes to the authors understanding about the changing institutional environment of Chinese labour relations. Originality/value: – As a pilot study on labour dispute arbitrators, this research presents the dynamics of the Chinese labour dispute resolution mechanism.