近期，法学院吴文芳教授在国际知名出版社Routledge出版专著《China's Professional Employer Association Law》。
本书是国际上迄今为止唯一一本研究中国雇主组织法的英文专著。本书从协调劳动关系的角度探讨了中国雇主组织的功能，分析了中国独特而多元化的雇主组织体系，并对中国多个雇主协会进行了实地调研。从国家与社会结构、制度变迁、制度互补的理论框架出发，介绍了中国雇主组织的兴起、劳动关系三方谈判机制的中国框架以及中国雇主组织的二元/多元化特征。最后，本书分析了我国雇主组织协调劳动关系所面临的主体、参与机制、参与渠道等法律资源的有限性，并在此基础上提出了对策和建议。
China's Professional Employer Association Law
Legal Protection for Labor Relations Coordination
ISBN:9781032560915
Published june 14, 2024 by Routledge
作者简介：
WU Wenfang
Professor at the School of Law at Shanghai University of Finance and Economics, with research interests in employment law, labor law, and social security law. In recent years, her main research topics include employer association law, new issues in labor law in the digital age, and labor standards in free trade agreements. Awarded the DAAD Joint Doctoral Scholarship and jointly trained for doctoral programs at Renmin University of China and the University of Muenster in Germany, visiting scholar at the Centre for Commercial Law Studies at Queen Mary University in London.
内容简介:
The only international monograph to study the organizational law of Chinese employers so far. This book explores the functions of Chinese employers' organizations from the perspective of coordinating labor relations, analyzes China's unique and diversified employer organization system, and conducts on-site research on multiple employers' associations in China. Starting from the theoretical framework of national and social structures, institutional changes, and institutional complementarity, this book introduces the rise of Chinese employer organizations, the Chinese framework of tripartite negotiation mechanisms for labor relations, and the binary/diversified characteristics of Chinese employer organizations. It analyzes the limited legal resources faced by Chinese employer organizations in coordinating labor relations, such as the subject, participation mechanism, and participation channels, Based on this, countermeasures and suggestions were proposed.
推荐语：
'This innovative study fills a significant gap in our knowledge of labor law, as it pertains to employer associations in China. It is further enriched by a practical understanding of the dynamics of collective bargaining and social dialogue in Chinese labor relations.’
——Gregor Murray, Professor at the School of Industrial Relations and Director of the Interuniversity Research Centres on Globalization and Work (CRIMT), University of Montreal, Canada
‘The book does not only discuss the special Chinese perspective in detail but also puts it in relation to Western systems. So this brilliant book is filling a gap in academic literature and will have influence in academic discussion in China and abroad. It is an important reading for all interested in China and generally interested in labor law.'
——Heinz-Dietrich Steinmeyer, Professor at University Muenster, Germany
‘Wu Wenfang‘s research focuses on a - from legislative and academic perspectives - neglected area of labor relations in China. Her thorough work offers an insight in private entrepreneurs’ position and role in China’s economy. This book is a benchmark for future research.'
——Lin Jia, Professor at the School of Law, Renmin University of China, Executive Vice President of the China Society of Social Law
‘This book does not only illustrate a set of statutes or rules but also analyses the law in action. This innovative perspective allows the author to discover the other side of collective bargaining processes: employers' associations. It is a book that fills a gap and should be read by all labour law experts.'
——Luca Nogler, Professor at the Law School of University of Trento, Italy
目录：
Introduction
The Concept and Connotation of Employer Associations in China
The Emergence, Functions, and Legal Protection of Modern Chinese Employer Groups
The Framework of Tripartite Consultation Mechanism on Labor Relations and Dualistic/Diverse Employer Associations in China
Legal Guarantees for the Participation of Employer Associations in the Tripartite Coordination Mechanism of Labor Relations
Mechanisms and Legal Protection for the Participation of Employer Associations in Collective Bargaining
7. Current Situation and Problems of Employer Associations’ Participation in Labor Dispute Mediation and Arbitration
供稿|黄琳涵
审阅|吴文芳
