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Tripartite Consultation in China
Abstract
In a system of tripartite consultation, workers, employers, and the government work together to improve labor standards and protect workers’ rights. The International Labor Organization (ILO) has advocated for this system since its founding in 1919. China’s transition toward a market economy and World Trade Organization (WTO) accession calls for a new labor relations consultation mechanism, which is more market‐oriented, globalized, diversified, and flexible. In this context, China implemented its own form of tripartite consulta‐ tion in 2001, with the founding of the State Labor Relations Tripartite Consultation Conference.
The tripartite system in China has been widely adopted and has been an innovative development in Chinese labor relations. However, many argue that it does not meet the standards of the ILO tripartite system. Indeed, China’s tripartite consultation mechanism differs from that advocated by the ILO. The tripartite consultation mechanism in China lacks neutrality, enforceability of consultation outcomes, trade union independence and workers’ representation. Nonetheless, the tripartite mechanism currently utilized in Chinese labor relations is a first step toward a more authentic tripartite consultation mechanism by ILO standards. This is an important development in Chinese labor relations. As the beginning of social dialogue, the Chinese tripartite mechanism has the potential to impact both informal systems and the way labor law is structured.
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