Two flowers on the same stem: Chinese perspectives on the status of work
Rethinking the status of work requires us to question the legal concept of work itself and to examine the conditions under which it was created, as well as how it operates in positive law. In this respect, the operation does indeed constitute an epistemological act and has enabled the West to create...
Wedi'i Gadw mewn:
| Cyhoeddwyd yn: | URI:https://journals.openedition.org/rdctss, |
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| Prif Awdur: | |
| Fformat: | Article ou chapitre numérique |
| Iaith: | Anglais |
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Revue de droit comparé du travail et de la sécurité sociale
2024
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| Pynciau: | |
| Mynediad Ar-lein: | Accès Université d'Orléans et IFPM Accès Université d'Orléans et IFPM |
| Crynodeb: | Rethinking the status of work requires us to question the legal concept of work itself and to examine the conditions under which it was created, as well as how it operates in positive law. In this respect, the operation does indeed constitute an epistemological act and has enabled the West to create categories specific to its labour law, such as the employment contract and the collective agreement. The experience of developing countries, however, shows another side of this operation, which is no longer the enhancement of models or practices rooted in local society, but an imitation - not to say a transplantation, or even an imposition - of models from industrialised countries. Seen from this angle, Chinese law is an example of the difficulty of creating a labour status adapted to the protection of workers, thus echoing African experiences. In the face of such difficulties and despite their factual differences, African and Chinese laws will both benefit from a certain return to local resources to shape a truly adequate labour status. |
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