从单向走向交互：工会网站的发展趋势——基于26家省级工会网站的分析

目前省级工会网站处于单向信息发布的状态,缺乏与会员的双向交流。工会网站的这种单向性无法满足信息化时代会员群众需求,其发展趋势应该从单向走向交互。因此,省级工会应主动适应劳动关系的发展变化,重新定位网站的功能,将网站建设成为受职工群众欢迎的宣传动员、教育服务、利益表达与解决冲突的交互式平台。     

未订立书面劳动合同“双薪罚则”的法律适用

文章从立法目的、诚信原则、缔约过失三个方面论证了我国《劳动合同法》新创制的未订立书面劳动合同＂双薪罚则＂制度,并就审判实务中具体适用＂双薪罚则＂进行了研讨,以期对衡平用人单位和劳动者的利益,构建和谐、稳定、有序的劳动关系有所裨益。     

劳动合同中的解约金问题研究

劳动合同是一种特殊类型的合同 ,当这一合同的一方当事人解除合同时 ,另一方当事人所遭受的损害难以事先预见。在这种情况下 ,合同中的解约金条款就缺乏合理的基础 ,也容易引起争议。为此 ,应当根据劳动合同的性质和特点对解约金的产生、表现形态和性质进行研究 ,从而找出解决有关争议的妥善办法。     

法治化进程中的村民自治问题初论

中国法治实现的关键在于民主;中国能否长出民主的关键在于农村,今天存在子中国农村的村民委员会的“科层化”倾向非常严重。如果希望村民能真正做到自治,村委会就不应该被“科层化”以至成为行政权力的填充物,只有这样,中国的民主才能健康成长。     

论社会主义和谐社会的劳动者与劳动力

社会主义和谐社会的劳动者是构建和谐社会的主体,劳动者权利的健全与完善是构建和谐社会的主要内容。劳动者最主要的权利是劳动力所有权。社会主义强调劳动者权利,市场经济注重劳动力价值,社会主义和谐社会要求劳动者权利与劳动力价值相统一。劳动者权利主要是通过国家实现的,而劳动力价值则主要是通过企业与市场实现的。     

董事会委员会与公司治理

董事会承担公司的重大决策和监督经理层的角色,但董事会作为会议体机关存在缺陷。董事会委员会的设立可以弥补董事会的缺陷,并有利于独立董事发挥作用。委员会的产生和权力的立法模式不同,美国的模式值得借鉴。典型的董事会委员会包括提名、薪酬和审计委员会,他们在实践中发挥重要作用。我国应当将委员会纳入公司法中,同时委员会制度以及公司治理的完善需要公司法和其他法律、证券交易所规则、公司治理准则、公司章程的协同努力。     

Why did organized labor struggle for shorter hours? A diachronic comparison of trade union discourse in Germany

ABSTRACT

Shorter-hour struggles are a key element in the historical study of organized labor. Little attention has been paid, however, to long-term changes in the rationale underlying demands for work time reductions. Comparing arguments formulated by German workers around 1900 with arguments put forward half a century later, this article detects a fundamental narrowing of discourse in twentieth-century labor disputes. While trade unions once drew on a strikingly broad rationale when demanding work time reductions, the post-WW II decades witnessed a strategic departure from arguments that had long constituted the bedrock of shorter-hour rhetoric. Analyzing a leading theoretical labor organ as well as the members’ publication of West Germany’s largest single-industry union, the article reveals that work time reductions were increasingly framed as a powerful measure to improve workers’ health and safety and to increase leisure and family time. In so doing, West German trade unions abandoned a crucial link between work time reductions and the vision for a more democratic and participatory society. The article thus shows how strategic bargaining decisions helped undermine the rich legacy of the historical struggle for shorter hours.     

Repertoires of industrial conflict in a modern city. Łódź, Central Poland 1861-1921

ABSTRACT

This article examines the changing patterns of industrial conflict in a rapidly modernizing Eastern European city, focusing on a multi-ethnic industrial hub. I follow repertoires of contention in four crucial moments characterized by shifting scales of the geopolitical embeddedness of the city: (1) an early Luddite riot of 1861 in the Polish autonomous sub-state within the Russian Empire, (2) the first massive labor protest and the following pogrom of 1892 in the city already fully subsumed under the imperial governance, (3) a failed revolution of 1905 with a sophisticated feedback loop between party politics and street emotions, (4) mobilization practices during the German military occupation during the IWW culminating in the tram workers strike of 1917, (5) developing forms of industrial bargaining in the early Polish state after 1918. This broad picture spanning over 60 years (1861–1921) is grounded in the existing secondary literature, extensive queries of primary sources such as administration reports, court proceedings and petitions, and the analysis of political leaflets and biographical testimonies of the working class militants. Such a cross temporal comparison brings a broader outlook on the labor unrest in Russian Poland and beyond, which before was researched only in a fragmented manner.     

Chinese migrant factory workers across four decades: shifts in work conditions,urbanization, and family strategies

ABSTRACT

Today about 90 million urban Chinese factory workers are migrant workers from the countryside, comprising the largest and most rapidly expanded industrial working class in history. Before the mid-2000s, these workers from the countryside were employed only temporarily in factories, and almost all were young, very poorly paid and exploited. But as labor shortages have developed and as restrictions against residing in China’s cities have relaxed, they are not as vulnerable as they were in previous decades. More of them are older, married, and have children, and many of them would like to settle on a permanent basis near their workplace with their families. Drawing on three decades of on-site interview research up through November 2018, the authors examine the changes that have occurred and the obstacles – such as the remaining difficulty of obtaining an affordable urban education for their children – that still stand in the way of migrant Chinese families remaining intact and settling permanently in urban areas. As a means of conceptualizing the implications of the shifts in migrant workers’ circumstances, especially for work relations and labor disputes, their evolving situation will be analyzed through the paradigm of Albert O. Hirschman’s concept of Exit vs. Voice.     

‘The Assembly Line and Cars Come First’: Labor Relations and the Demise of Nissan Car Manufacturing in Australia

This article examines the fate of Nissan's plant in Melbourne, Australia, which the company closed in 1992. Studies of Japanese car plants that were set up in overseas markets have generally been positive, outlining how these firms were able to thrive by setting up flexible or lean production methods. In Australia, however, the company was unable to establish lean production and executives complained bitterly about union resistance to non-traditional production methods. The plant was also dogged by poor worker morale and high turnover. This is the first study of Nissan's Australian plant and it shows that not all Japanese transplants were successful.