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Employment relations

2019-05-13 来源: 51due教员组 类别: Paper范文

下面为大家整理一篇优秀的paper代写范文- Employment relations,供大家参考学习,这篇论文讨论了雇佣关系。良好的雇佣关系不仅有利于生产的有序发展,而且有利于经济的长期稳定。不同的国家由于其不同的历史背景、经济模式和政府类型,逐渐形成了不同的雇佣关系体系。德国和中国都依赖于单边监管和不同形式的社团主义,但德国的法定法规比中国的要发达。

Employment relations,雇佣关系,essay代写,paper代写,作业代写

Good employment relations not only help the orderly development of production, but also conducive to the long-term economic stability. Different countries gradually develop different systems of employment relations due to their various historical backgrounds, economic models, and types of government. Both Germany and China rely on unilateral regulation and different forms of corporatism, but the German statutory regulations are more developed than that of China.

At the national level, Germany engages in social corporatist mechanisms, and these are established on the basis of its coordinated market economy and democratic governance environment. As the strongest economy in Europe and the world’s third largest economy, most economic activities are carried out in coordinated fashion among multiple political and social institutions. As a result, the tripartite system supports the collaborative and compromise-based settlement of a wide range of macro policy issues. Germany is following the path of encouraging a large amount of production to improve the national employment rate, and stimulates consumption in order to reach a higher level of economic growth. This kind of regulation mode contributes to the independence of its employment relations but also brings challenges, such as the growing costs of maintaining the balance between employers and employees while emphasizing social benefits (Turner, Wever, & Fichter, 2001). So far, Germany’s corporatism has been fairly successful, particularly compared to mass strikes in other European countries and regulatory failures in America, but criticism and doubts have started to appear. In stark contrast to Germany, China insists a monopolistic and pro-management system of authoritarian corporatism due to its dictatorial leadership and the nature of the party-state. The communist party monopolizes the representation of social groups and this leads to the absence of freedom of associations; China is particularly sensitive to independent labor unions given the history of Solidarity in Poland. Although China conducted a wide range of economic reforms and transformed from a state-planned economy to a market driven economy, the government still dominates almost every part of its major economic actives. Under these conditions, China has created the “market economy with socialist characteristics” which makes China the world’s biggest manufacturer (Belzer, Wei, & Nan, 2008). A decidedly corporatist form of worker relations has formed in China, and the society and economy are organized into major interest groups under the government’s coordination. Macroeconomic policy directions are a key factor to determine a given country’s employment relations. The two opposite economic models have made China and Germany go in totally different directions. Germany is struggling with improving the balance between parties while China cares much more about the industrial development than the employees themselves.

From the perspective of statutory regulations, China is much looser than Germany. Germany has a high degree of legalization of working environments and a more comprehensive legal system to ensure the fairness and rationality of employment and working conditions. The government is neutral in all labor relations and does not intervene directly. However, the government still intervenes regularly by systematically paying attention to the supervision of occupational safety, working conditions, and the performance and enforcement of collective agreements. The German government’s macro-control of basic employee relations, through strong labor legislation and active labor courts, ensures the basic balance between trade unions and employers' organizations, and ensures the stability and fairness of norms and effectiveness of mutually productive collective bargaining between the two parties. Under this framework, German has strong employer associations and they are legally protected. The German trade unions are independent social organizations with no political attributes that the workers voluntarily form. The status and role of trade unions are fully protected by law. Trade unions and political parties are not allowed to have any dependencies. The trade unions play the role of legal supervisor and they actively participate in legislation formation and social system construction, safeguard the German social security system, maintain the collective bargaining model of the German labor market, and effectively protect the workers' actual interests. Unlike Germany, the Chinese government is not highly involved in employment relations, except in the most extreme circumstances. The Chinese unions do not have the legal right of collective bargaining. There are three forms of collective bargaining in China: collective consultation by formality, collective bargaining by riots, and party-state led collective bargaining. In the New Labor Contract Law 2008, employees were encouraged to get more involved by unionization and collective bargaining in order to improve the level of employment environment (Choi, 2008). However, considering the employment market currently, it still has a relatively weak statutory regulation than Germany, and even laws on the books are rarely enforced.

Another aspect is the unilateral regulation. In Germany, the co-determination system is governed by the Works Constitution Act. The terms of the labor contract must be subject to the provisions of mandatory law or a collective contract. However, the establishment of labor relations and structure and procedure of relationships must be mutually agreed upon by both sides of the employment relationship. Mandatory legal provisions are numerous and thus protect employees. This framework looks beneficial to the employees; however, in practice, they still play the weaker roles. With the shifting of regulatory activities to the factory level, the regulatory power of work associations have been reduced, accompanied with a falling membership. At the same time, under the condition of growing global competition and technological development, the traditional collective bargaining agreements and work councils in Germany are less efficient and flexible than decentralized or individual regulation (Oberfchtner & Schnabel, 2017). While in China, the problem is more complicated. The large number of informal private-sector firms is the key challenge. The legal and political institutions see companies under the control of the government, but a lot of companies manage to escape from the normal enforcement of laws. Under this condition, there is no mechanism that ensures the employer follows the law and individuals have to file to court. But the process is long and expensive, so the employees are living in unbalanced terms (Belzer, Wei, & Nan, 2008). The current legal regulations are not strong enough to ensure the equality and efficiency in China’s employment relations. Market interests generally trump legal obligations. When the rules are unilaterally set by employers and power imbalances exist, employment conflicts and labor struggles become frequent. The German labor relations’ adjustment model mainly includes labor courts. Emphasis on mediation in labor disputes, mediation is a necessary procedure for the establishment of disputes over cases by the primary labor courts. In contrast, China has more labor arbitration and mandatory arbitrations.

In summary, China has put strict control of the economic activities under its condition of authoritarian corporatism, while Germany conducts social corporatist mechanisms. Both countries depend on unilateral regulation in adjusting industrial relations, but it is more of a co-determination in Germany, which means work council and worker representatives on board. As for statutory regulation, the trade unions play very important role in Germany’s labor market, but in China, most employees are staying in a disadvantageous legal position.

Works Cited

Choi, Y. (2008). Aligning labour disputes with institutional, cultural and rational

approach: evidence from East Asian-invested enterprises in China. International Journal of Human Resource Management, 19(10).

Michael H. Belzer, Pan Shih Wie, & Yu Nan. (2008). Industrial relations experiments

in China: Balancing equity and efficiency the Chinese way. Alfred P. Sloan Foundation Industry Studies Meeting, May 2.

Michael Oberfchtner, Claus Schnabel. (2017). The German Model of Industrial

Relations:  (Where) Does It Still Exist? IZA institutes for labor economics, October. 

Turner, L., Wever, K. S. & Fichter, M. (2001). Perils of the high and low roads:

Employment relations in the United States and Germany. Kalamazoo, MI: W. E. Upjohn Institute for Employment Research.

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