PUB - Publikationen an der Universität Bielefeld

China and Vietnam started market reforms about four decades ago, transforming the socialist labour regime into a market-oriented one. Labour legislations and regulations have been prolific in keeping up with the rapidly changing labour markets as both countries became part of global supply chains, especially in mass consumer goods manufacturing. In general, labour law offers greater space for labour association and collective bargaining in Vietnam than in China, although the Communist Party in both states keep a cautious and sceptical eye on independent labour unionisation. Both countries have made numerous labour legislations to regulate workplace conditions and labour dispute resolution, prioritising strategies for industrial mediation and legal channels to de-escalate labour grievance and pacify workers’ unrest. Meanwhile, both China and Vietnam’s legislatures have also formalised labour social protection toward integrated universal resident- based social protection. However, the problem of law enforcement is pervasive in all three areas above, despite the principle of “rule by law”. Both countries’ judiciary is dependent on central and local governments for financing and personnel appointment. With local officials’ favourable treatment of businesses, the party state in both countries has considerable discretion in shaping the rights and welfare of workers through the legal system.