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Overview

The role of state or the function of labor law during industrialization in Asian countries is of utmost importance when examining how Asian labor laws differ from European or American labor law models and whether or not any common characteristics exist in Asian labor law.

The seven national reports (Australia, China, Japan, Korea, Malaysia, the Philippines, Taiwan) included in this volume provide an overview of the regulation of union organization, collective bargaining, and industrial disputes. These reports also analyze the role of government in industrial relations in the course of economic development.

In regulations on formation of labor unions, some countries have the least government intervention whereas others have experienced more direct government control through imposition of certain forms of labor unions or registration requirements and procedures. The same applies to regulations on collective bargaining and industrial disputes.

A review of the national reports reveals that while diversity in labor laws exists in the Asian countries represented, the significant role of government in labor relations is widely recognized. Through various modes of government there is commitment to industrial relations ranging from direct intervention to indirect, soft intervention.

Whether the government's significant role in industrial relations in Asian countries is a transitional phenomenon which takes place during economic development and maturity of democracy, or whether Asian labor law is heading for a new labor law model which differs from the western model merits further examination. The national papers in this volume provide fundamental information on current labor laws in Asian countries and on comparable characteristics in western labor law models.

Table Of Contents

1. INTRODUCTION, Takashi Araki and Ryuichi Yamakawa 1 The Fourth Jil Tokyo Seminar: The Process of Industrialization and the Role of Labour Law 2 Outline of National Reports 3 Contents of the Discussion 4 Brief Comments 2. AUSTRALIA, David MacDonald 1 Introduction 2 The Australian Industrial Relations System 3. The Federal Industrial Relations Systems 1992 4. The Modified System (1992-96) 5. Changes Introduced by the New Australian Government 6. The Role of Government in Labour Law and its Relationship with Economic Development: Asian Model or Transitional Phenomenon 7. References 3. THE PEOPLE'S REPUBLIC OF CHINA, Shi Meixia 1 Overview of Labour Law in China 2 Regulation of Union Organization in China 3 Regulation of Collective Bargaining 4 Regulation Process of Industrial Disputes 5 The Role of Government in Labour Law and Labour Relations 4. JAPAN, Takashi Araki 1 Introduction 2 Overview of the Basic Framework of Japanese Labour Law 3 Regulation of Union Organization 4 Regulation of Collective Bargaining 5 Regulation of Industrial Disputes 6 The Role of Government in Labour Law and Relationship with Economic Development: Historical Evaluation 7 The Characteristics of the Government's Role and Labour Law in the Process of Economic Development in Japan 5. KOREA, Young Hee Lee 1 Overview of Korean Labour Law 2 Features of Collective Labour Law in Korea 3 The Role of the Government in Labour Law and the Relationship with Economic Development
6. MALAYSIA, Dunston Ayadurai 1 Overview 2 Features of Collective Labour Relations 3 Role of Government in Labour Relations 7. THE PHILIPPINES, Luis M. Ermitaiio 1 Overview of Labour Law in The Philippines 2 Features of Collective Labour Law in The Philippines: The Role of Government 3 The Role of Government in Labour Law and the Relationship with Economic Development: Asian Model or Transitional Phenomenon? Historical Evaluation 8. TAIWAN, Liou Chih-Poung 1 An overview of Labour Law in Taiwan 2 Regulation of the Right to Union Organization 3 Regulation of Collective Bargaining 4 Right to Engage in Acts of Dispute 5 Resolution Process of Industrial Disputes 6 The Government's Role in Labour Laws System

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The Process Of Industrialization And The Role Of Lab Law In Asian | Wolters Kluwer Legal & Regulatory