Industrial Relations of China and Australia- myassignmenthelp.com

Question: Discuss about theIndustrial Relations of China and Australia forEmployment. Answer: Industrial relations refers to a multidisciplinary field that involves study pertaining to employment relationship. Business Council of Australia has stated that the employers and the employees are involved in conflict and hence for the public interest it is important to regulate it. Industrial relations can help in protecting the employees and controlling of wages which can help in protecting the economy. The main concern of industrial relations is in relation to pay along with that of working conditions. Industrial relations deals with different aspects in relation to the employment relations and it is not solely concerned with that of the unionized workforce (Wang and Cooke 2017). Industrial relations is concerned with employment relationship and the scholarship of industrial relations assumes that there are inherent conflict of interest between that of the employers along with that of the employees. This essay compares and contrasts the industrial relations of the two countries o f Australia and China. Collective bargaining has gained momentum in 2000 that was helped by legal framework along with that of union membership. Collective bargaining in China has started to occur at various levels in relation to the economy and not solely at the enterprise level. The new development has been linked with creation of different forms in relation to trade unions that has been made possible owing to the Trade Union Law that has been revised. Different observers has stated that there are deficiencies pertaining to system of collective bargaining in terms of the bargaining process. Number of Chinese workers who undertake collective agreements has risen at a rapid pace and number of workers who are covered by the aspect of wage agreements has evolved at a slower pace. The Chinese trade officials attach great importance to sectoral bargaining (Bartram et al. 2015). The regional unions can articulate the demands of the workers that is concentrated within the same area. They can act in an independen t manner with their individual employers. The sectoral unions can articulate the demands of the workers within that of the same sector that is within that of the same locality. The workplace Relations Act that is in place in Australia is based on collective agreement and states that the individual along with that of the collective should be treated on equal basis. This act thus completely changed the face of labour law in Australia that laid more emphasis on the aspect of collective bargaining that can provide the employees with a voice in the arena of work. Collective agreements were taken account of in this act but it helped the employers in the introduction of individual contracts. This can seem to be fair but it can prove to be an advantage for the employers who are unscrupulous to frustrate the employees. The Workplace Relations Act in Australia highlighted the rights of the individuals of associating or not associating (Chung 2016). It laid clear that the employees cannot be v ictimised on the basis of union membership. An employer cannot ask the employee to leave union by making any kind of threats. The trade officials of China lay great importance to the aspect of sectoral bargaining and the workplace Relations act that is prevalent in Australia lays emphasis on collective bargaining and collective contracts were made (Chan and Hui 2017). The State has an effect on that of the environment within which industrial relations function. It has an influence on the economy with the help of the different policies in relation to that of spending along with taxation. Chinese labour market does not offer protection to different rights like freedom pertaining to association along with that of right pertaining to the workers of striking. China has not carried out the ratification in relation to International Labour Organization of that of United Nations. What adds to the problem in China is that the labour contracts are not made use of by domestic employers in relation to the local employees (Wen and Lin 2015). The absence of written contracts makes the employees struggle in relation to their employment. It thus makes the workers lose the element of basic human right. The regulation pertaining to dispatch agencies that offers temporary labour has tightened in the recent age and there are some domestic employers who hire that of in dependent service provider in order to avoid these kind of regulations. These kind of loopholes provides incentives to the employers to avoid the law as compliance will lead to higher labour cost. On the other hand in relation to Australian contract of employment the employees have a contract with their employer. The relationship pertaining to the contractual employment persists along with the other statute-based form in relation to employment regulation. The employers and the employees can thus take legal action so that they can enforce the contract (Cheung and Wu 2014). All the workers cannot be deemed to be employees in terms of legal sense. Common law distinguish between the employees along with the independent contractors. The independent contracts cannot avail the benefits pertaining to wrongful termination. The labour contracts are not made use of by the employees in China and the dearth of any kind of written contract compels the employees to struggle (Charlesworth and Macdo nald 2015). Within China, all the trade unions should be affiliated with All-China Federation of that of Trade Union. This organization helps in reporting directly to Chinese Communist Party. The Chinese Enterprise organizations have earned the legal status and they are created for the promotion of reforms within the organization. It can help in improving the management within that of the enterprise and act as liaison between the organization and government. It can offer protection to the legitimate right in relation to the enterprises. The state-owned enterprises in China establishes a trade union and the private business are also asked to establish the trade union. Enterprise revising the internal policies can help in affecting the interest in relation to the employees and the enterprise is supposed to discuss such kind of matters with Employee Representatives Congress (Kaine 2016).The employees are provided with the opportunity to make their proposal and provide the opinion in relation to the process. General Assembly pertaining to the union membership can oversee the work done by trade unions existing at the grass root level. The limited liability companies should have employee representation within Board of Directors. The membership pertaining to Australian Council of Trade Unions (ACTU) grew significantly after the Australian workers Union joined the ACTU. It was not formally affiliated with the Australian Labour Party but it maintains close association along with Australian Labour Party. Union plays a pivotal role pertaining to Australian politics and it represents the factor of organized labour. Australia makes use of an arbitration system that has created interest in various other countries. The system helps in fixing the wages along with that of working conditions fixed by law. The national constitution provides the federal government with right that can help in undertaking conciliation in relation to the industrial disputes. The arbitration system was establishe d in the year 1904 by Conciliation and Arbitration Act which gave birth to Commonwealth Court of Reconciliation. The act states that on the occasion of the dispute not being solved by collective bargaining then the employer can bring the dispute to the court for that of the judicial decision (Shields et al. 2015). It is not that strikes are not allowed but the union in defiance of judicial award can be held under contempt of court. The Chinese Enterprise Organizations can promote reforms within the enterprise and The Australian council of Trade Union represents the factor of organized labour. Reduction of that of the economic distance can create opportunities in relation to employment generation. The increase in per capita income in China is owing to the increase in the level of openness in the world. There are empirical studies that have highlighted on the rise pertaining to inequality in relation to wages. It occurs on account of integration pertaining to the developing countries within that of the world market. Globalisation has affected in a negative manner the employee relations in China. China has a bad record in relation to wage and hours violation that is regulated by the national law. Relevant laws has been introduced by Chinese government for addressing issues related to protection related to labour rights (Jacobi et al. 2017). The labour dispute cases in China is increasing at an alarming rate and with the development of the rights of the employees arbitration cases can be heard in every year. For the interest pertaining to employees of Australia the minimum wa ge is determined with Fair Work Commission. The minimum wage rates are determined on annual basis that can guarantee the Australians their fare share in relation to the income. There are different factors that can help in the determination of minimum wage that includes wage rate for adults, juniors and thecasual loadings. Wealth inequality has developed within Australia but it is lower than Global Financial Crisis. It has been found with the help of research that personal income in relation to the very rich has grown more strongly as compared to rest of the population. Wage inequality exists in China and it also exists within the Australian organizations (Brewster, Mayrhofer and Morley 2016). The working conditions within Australia is conceived to be the best within the world as a contrast to working conditions in China. The Australian industrial relations are governed by the element of high union membership that helps in overlooking the conditions related to employment. They help i n assuring that the working conditions are of great standard. The Conciliation and Arbitration Act encourages the employer associations to recognize the unions and they have strengthened the unions so that the working conditions are good on behalf of the employees (Preston 2018). The number of labour dispute cases are very low within Australia because of the optimal working conditions that are provided to that of the employees. The regulation of conflict in Chinese labour market is done with the help of the three entities- Trade Union, collective consultation and that of tripartite consultation. The workers based on their own initiative do not join union. The management of the companies decides whether the workers should become members pertaining to the union. The workers have to pay 1 % in relation to their salary if they join union. The company is supposed to pay 2 % of total wage to that of the unions. The tripartite consultation committees monitor labour market at both provincial along with that of national level. It acts like that of an advisory committee that can help in the process of targeting active labour market policy (Davies 2018). The Fair Work Commission in Australia sees to it that the interests of the workers are saved and the workers are safeguarded against any kind of harsh conditions. The trade officials within that of China lay great stress on the aspect of that of sectoral bargaining. The regional unions play a major role in articulation of the demand pertaining to that of the workers. Australia lays emphasis on the factor of that of collective bargaining. Collective contracts are made in that of Australia. The dearth of any kind of written contract makes the employees of China struggle. 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