30
Management and Organization Review http://journals.cambridge.org/MOR Additional services for Management and Organization Review: Email alerts: Click here Subscriptions: Click here Commercial reprints: Click here Terms of use : Click here Labor Unrest and Incipient Collective Bargaining in China Sarosh Kuruvilla and Hao Zhang Management and Organization Review / Volume 12 / Issue 01 / March 2016, pp 159 - 187 DOI: 10.1017/mor.2016.2, Published online: 11 April 2016 Link to this article: http://journals.cambridge.org/abstract_S1740877616000024 How to cite this article: Sarosh Kuruvilla and Hao Zhang (2016). Labor Unrest and Incipient Collective Bargaining in China. Management and Organization Review, 12, pp 159-187 doi:10.1017/mor.2016.2 Request Permissions : Click here Downloaded from http://journals.cambridge.org/MOR, IP address: 132.236.235.30 on 10 Jun 2016

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Management and Organization ReviewhttpjournalscambridgeorgMOR

Additional services for Management and OrganizationReview

Email alerts Click hereSubscriptions Click hereCommercial reprints Click hereTerms of use Click here

Labor Unrest and Incipient Collective Bargaining in China

Sarosh Kuruvilla and Hao Zhang

Management and Organization Review Volume 12 Issue 01 March 2016 pp 159 - 187DOI 101017mor20162 Published online 11 April 2016

Link to this article httpjournalscambridgeorgabstract_S1740877616000024

How to cite this articleSarosh Kuruvilla and Hao Zhang (2016) Labor Unrest and Incipient Collective Bargaining inChina Management and Organization Review 12 pp 159-187 doi101017mor20162

Request Permissions Click here

Downloaded from httpjournalscambridgeorgMOR IP address 13223623530 on 10 Jun 2016

Management and Organization Review 121 March 2016 159ndash187doi 101017mor20162

Labor Unrest and Incipient Collective Bargaining inChina

Sarosh Kuruvilla and Hao ZhangCornell University USA

ABSTRACT In this paper we argue that both labor unrest and collective bargaining areincreasing in China Using McAdamrsquos political process theory we argue that Chineseworkers are striking more and offensively in support of their economic demands Weidentify the statersquos interests in promoting collective bargaining and through an analysis ofunion and employersrsquo organizations attempt to predict the future trajectory of collectivebargaining in China Using new data about strikes we confirm our argument that strikesin China are increasing Based on very limited past and current research we create ataxonomy of baseline collective bargaining in China against which future developmentscan be compared

KEYWORDS collective bargaining employment relations strikes

INTRODUCTION

As is now increasingly apparent labor unrest in China has been rising steadilyand especially since 2008 Newspapers increasingly report stories about strikesespecially after the strike at a Honda parts supplier in June 2010 which triggered awave of similar strikes The available evidence suggests that labor unrest is growingand that the bargaining power of Chinese workers has been strengthened by positivelabor market conditions (a labor shortage) and protective labor legislation (a seriesof laws commencing with the Labor Contract Law) Silver and Zhang (2009 174)suggest that China is lsquoan emerging epicenter of world labor unrestrsquo

In response the Chinese government is encouraging the institution of collectivebargaining In this sense the statersquos actions are consistent with those of stateselsewhere (although its motivations may be varied) In every major industrialsociety an outbreak of strikes and labor unrest led to legislation establishingcollective bargaining as the key methodology to deal with this issue althoughthe institutional landscape surrounding collective bargaining differs significantlyacross different countries However the Chinese approach to collective bargaining

Corresponding author Sarosh Kuruvilla (sck4cornelledu)

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160 S Kuruvilla and H Zhang

differs substantially from those in the West in two significant respects ie whilemost collective bargaining regimes in most countries are based on the principle ofFreedom of Association where workers can belong to unions of their own choosingin China all workers have to belong to one lsquoofficialrsquo union federation the All ChinaFederation of Trade Unions (ACFTU) And in contrast to other countries thereis no positive right to strike in China Despite these crucial differences howevercollective bargaining appears to be growing rapidly in China

Whether collective bargaining will solve the problem of industrial conflict inChina depends on the extent to which it is institutionalized ie the extent to whichthree actors employers the ACFTU and workers begin to use it effectively Thepurpose of this paper is to attempt to predict the future of collective bargainingin China based on theoretical perspectives and the limited empirical evidence wehave thus far We will address the following questions Why is labor unrest in Chinaincreasing after 2008 Why is the Chinese state encouraging the development ofcollective bargaining How is collective bargaining developing in China and whatmight be its future trajectory We draw on admittedly scant empirical evidencefrom our own prior and on-going research to answer these questions

Our paper suffers from several limitations which readers should take into accountwhile evaluating the paperrsquos conclusions First there is a problem with empiricalevidence with regard to collective bargaining in China It is a relatively recentdevelopment having acquired the force of law only in 2008 There is no traditionof scholarship on collective bargaining within China hence there are very fewstudies It is not a popular subject amongst Chinese management scholars (orChina-based scholars in general) in part because it is a politically sensitive topic Itis not taught in the premier Chinese business schools Hence it is no surprise that ofthe hundreds of papers presented at the IACMR conference (the premier Chinesemanagement conference) on organizations and human resource management thispaper was the only one that dealt with the subject of Chinese labor relations a keyhuman resource issue for Chinarsquos development

Second we rely on existing research on collective bargaining which is basedon case studies While generalizing from case studies is fraught with problems asEisenhardt (1989) has indicated case studies can be revealing about processes(collective bargaining is a new process in China) which is what is needed tobuild theory and predict future trends We attempt to do so via our taxonomy ofcollective bargaining in China but we do note that it is based on limited empiricalevidence

Third readers must keep in mind that we are dealing with a sensitive politicalsubject The success of collective bargaining in solving industrial conflict dependsheavily on its successful institutionalization That in turn depends on the extentto which Chinese labor unions have the freedom to be legitimate representatives ofemployees For them to do so leaders of unions must be chosen by the employeeswhich is not the case currently Yet as we speculate in later sections of the paper it ispossible that the Chinese Communist Party (CCP) may find ways to increase trade

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Labor Unrest and Collective Bargaining 161

Structural and Political Opportunities

Cognitive Cues

Cognitive Liberation

Mobilizing Structures

Collective Action

Labor Shortages

News Labor Laws and Policies

NewProactive

lsquoBread and Butterrsquo

Demands

Mafia

NGOs

Native-Place Assns

Variety of Tactics

Media

Coverage

RecruitmentPatternsHigher Wages

Figure 1 A lsquopolitical processrsquo model of Chinese labor activism (based on) McAdam (1999)

union independence from the party in order to increase its own legitimacy Thatis not the case currently If anything the CCP is tending toward greater controlrather than less Therefore while we speculate in the paper with regard to theStatersquos interest we do not have a basis to make strong predictions with regard tothe statesrsquo future policies with regard to both unions and collective bargaining

THEORETICAL PERSPECTIVES

Worker Militancy

The first key question raised in this paper is with regard to why labor conflictmeasured in terms of the number of strikes is increasing in China since 2008Prior research has suggested that strikes are limited in number (although estimatesvary) and there is variation in worker militancy based on the nature of workers(whether migrants or SOE) regional differences ownership differences and thedegree of state suppression of strikes The literature also suggests that most strikesare lsquodefensiversquo in nature trying to protect existing rights and benefits (see Lee 2007Luthje 2012 Pan 2009 Weston 2004) In this paper we argue that strikes todayare very different In our current and ongoing work we rely on McAdamrsquos (1999)lsquopolitical processrsquo model (see Figure 1) to explain the rising militancy of Chineseworkers For McAdamrsquos framework to be applicable to the Chinese labor contextwe would expect certain factors to be present First economic and political factorsthat influence workersrsquo bargaining power should exist And second workers shouldexperience lsquocognitive cuesrsquo

The key economic condition is that since early 2009 China has developed a laborshortage on its coasts and increasingly elsewhere (see for example Rapoza 2011)Gallagher (2011) links the increase in labor militancy and bargaining power tothe shortage of workers and argues that these shortages are a function of threeissues the decline in the working population as a consequence of the one childpolicy policy changes in agriculture (sharp cuts to the taxes paid by farmers andstimulus-driven increases in rural infrastructure) that are raising the lsquoopportunity

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162 S Kuruvilla and H Zhang

costsrsquo of working on the coast and reducing migration to the cities thus deprivingthem of workers and finally institutional discrimination against migrants as a resultof the hukou system Clearly rural workers are increasingly staying at home A pollof 200000 migrant workers in 2011 found that more chose to work in their homeprovinces than chose to go elsewhere (Wang 2012) Capital is moving away fromsoutheastern export processing zones like the Pearl River Delta Chongqing forinstance lsquofor the first time employed more of its surplus rural workforce locallythan it sent to other areasrsquo in 2011 (The Economist 2012) Whether permanentor temporary the shortage has served to increase labor militancy and bargainingpower reflected particularly in increasing demands for wages

The key political factor has been the statersquos policy regarding worker protectionand collective bargaining as well as the new media openness (at least until 2013)which serve to further increase the bargaining power of workers In 2008 thestate embarked on a lsquolegislative onslaughtrsquo enacting a range of pro-labor pieces oflegislation including the lsquoLabor Contract Lawrsquo lsquoEmployment Promotion Lawrsquo andthe lsquoLabor Dispute Mediation and Arbitration Lawrsquo And in 2012 new nationallsquoRegulations on Consultation and Mediation for Labor Disputes in Enterprisesrsquowent into effect These reforms essentially introduced stronger protections forworkers (Friedman amp Lee 2010 McDermott 2010) Elfstrom and Kuruvilla (2014460) note that these laws taken together lsquoamount to an official acknowledgmentof the massive scale of worker unrest as well as a new interest in containingconflict through providing it with legitimate channels not attempting to eliminateit entirelyrsquo Thus it could be argued that Chinarsquos lsquopolitical opportunity structurersquofor workers (Tarrow 1998) has also shifted

In terms of lsquocognitive cuesrsquo workers experienced these changes in many differentways As Elfstrom and Kuruvilla (2014 460) note lsquoCompaniesrsquo efforts to lsquoreverse-marketrsquo themselves as ldquopreferred employersrdquo by actively recruiting in working classneighborhoods (rather than waiting for workers to line up at factory doors desperatefor work) by building better dormitories by publishing factory magazines and byforming ldquotask forcesrdquo of employee representatives may be received by workingpeople as powerful ldquocuesrdquo that the balance of power has shifted and that they(workers) hold greater leverage over capital than a decade agorsquo Rising earningsmay send similar signals Wage hikes in recent years have been dramatic Migrantsrsquoaverage monthly salaries increased by 212 percent in 2011 over the year before thegovernment has decreed that lsquothe average growth of Chinarsquos minimum wages shouldbe at least 13 percentrsquo through 2015 and should constitute lsquo40 percent of averagelocal salariesrsquo (The China Post 2012) A series of strikes at auto parts suppliers anda rash of suicides (and subsequently investigative reports) in a Foxconn factory inShenzhen have led to high wage increases exceeding 20 at Honda plants Equallyimportantly media coverage of new labor laws like those noted above and greaterreporting on strikes may provide lsquocuesrsquo that more activism is tolerated by authoritiesThe Labor Contract Law was the subject of widespread domestic media reportsfocusing on individual cases of workers who successfully used the law lsquoas a weaponrsquo

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Labor Unrest and Collective Bargaining 163

Stockmann and Gallagher (2011) note that by telling lsquogrittyrsquo stories of mistreatmentand eventual redemption via arbitration and court Chinese state newspapers bothattract readers (serving the needs of an increasingly commercialized press) andaccording to surveys conducted by Stockmann and Gallagher increase trust in theefficacy of legal activism

Importantly the state has allowed more open discussion of industrial strife Theyear 2008 marked the rollout of what has been dubbed Chinarsquos lsquoControl 20rsquoapproach to media and public opinion Communist Party Secretary Hu Jintao calledfor lsquoreleasing authoritative information at the earliest moment raising timelinessincreasing transparency and firmly grasping the initiative in news propagandaworkrsquo (Bandurski 2008 1) However strikes and other worker lsquomass incidentsrsquohave since received increased coverage albeit with a Party-approved slant This hasmeant that workers hear more about other workersrsquo activism than ever before AsElfstrom and Kuruvillarsquos (2014) qualitative interviews suggest lsquoThe Honda strike in

particular gave workers a new momentum It awakened themrsquo and lsquoThe Honda strike had a

big impact on workersrsquo opinions because of the media attention given to the strike Similar strikes

occurred in the past but without the same attentionrsquoWe would therefore expect lsquocognitive liberationrsquo to take place workers should

demand higher wages more attention to the details of working life and wouldstrike if their demands were not met We would expect both quantitative shift interms of an increasing number of strikes and we would expect pro-active strikesfor a variety of instrumental reasons We would expect more strikes in all regionsof China in contrast to regional differences identified in prior research

State Promotion of Collective Bargaining

The Chinese government has since 2008 embarked on a coordinated effort toincrease collective bargaining It has done so via three separate initiatives a changein the role of the Ministry of Human Resources and Social Security (MOHRSS) theinclusion of provisions for collective contract negotiations in the new labor laws ofthe 2007ndash2010 period (discussed above)[1] and most importantly the instructionsof the ACFTU to increase union organizing and collective bargaining coverageacross the country The primary change in the role of the MOHRSS has beento make it more responsible for the growth of collective bargaining The LaborContract Law contains six articles about collective contracts stipulating the contentof collective bargaining and the right to ratify a collective bargaining agreementof the workersrsquo congress And two articles focus specifically on the establishmentof relatively centralized ndash regional and industry level ndash bargaining Finally thestate and the ACFTU articulated the lsquoRainbow Planrsquo (2008) to introduce collectivebargaining in enterprises Specific targets were established ie collective contractsshould be generally established in enterprises above a designated size[2] in EastChina by 2009 in Central China by the end of 2010 and in the whole country bythe end of 2012 Meanwhile they continued to encourage (without specific targets)

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164 S Kuruvilla and H Zhang

industry-wide or regional agreements to cover those nonunionized or small tomedium-sized enterprises (Hu 2011) What explains the statersquos interests in doing so

We do not yet have a coherent theory of the Chinese statersquos interests In facta variety of concepts can be found in the literature to characterize the Chinesestate and will not be repeated here (see Howell 2006 for a comprehensivereview) Howell (2006 274) suggests that the proliferation of terms to describethe Chinese state (development state entrepreneurial state the corporatist statethe dual developmental state the market facilitating state) by authors such asBlecher (1991) Blecher and Shue (1996) and Oi (1995) masks a lsquodeeper processof state fragmentation that fosters contradictory and complex patterns of statebehaviorrsquo Howell (2006 275) suggests that to understand the Chinese state todaywe must recognize that the state lies between various categories displaying lsquoelementsof efficiency and inefficiency of control and chaos of relative autonomy andclientelism of neoliberalism and neocorporatismrsquo This conception of the Chinesestate allows it to be best understood as lsquopolymorphous assuming multiple complexforms and behaviours across time and spacersquo (Howell 2006 276) and provides uswith a better understanding of state interests in developing collective bargaining

One explanation for the statersquos action to increase collective bargaining drawsprimarily on the basic and long established institutional theory about industrialconflict and collective bargaining developed by the Webbs in their influential workIndustrial Democracy (1897) The Webbsrsquo solution to labor conflict (consisting of lsquothedevice of the common rulersquo [basic minimum standards legislation] on the one handand on the other hand collective bargaining to equalize power between labor andmanagement) has been the basis for most approaches states the world over havetaken to reduce industrial conflict under what Frenkel and Kuruvilla (2002) term lsquoalogic of labor peacersquo The Chinese governmentrsquos response in encouraging collectivebargaining is in many ways consistent with this explanation in that it has enactedminimum standards legislation and is increasing collective bargaining coverage butit is doing so in ways that do not result in the formation of free labor unions iethe state here is corporatist and neoliberal at the same time

An alternative perspective is that the statersquos labor policy is based on lsquodecentralizedlegal authoritarianismrsquo (Friedman amp Lee 2010) which suggests a great emphasison legal system building (Gallagher 2005) in order to steer the reform of the socialgovernance system in general and the labor relations system in particular towardsan authoritarian lsquorule by lawrsquo system (Friedman amp Lee 2010) This explains themany legislations increasing labor protection during the 2007ndash2010 period with theresult that OECD has ranked the strictness of employment protection in Chineselabor and employment laws as among the highest in major countries (OECD 2013Venn 2009) This also explains why the state has encouraged legal mobilizationand seeks to channel labor conflict into the judicial and semi-judicial system(Gallagher amp Dong 2011 Lee 2007) in part to maintain political control Giventhat labor peace (ie no strikes) can be achieved by strong protective legislation onminimum standards as well as effective dispute resolution mechanisms the statersquos

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Labor Unrest and Collective Bargaining 165

encouragement of collective bargaining (an essentially democratic concept whichimplies some amount of independent agency on the part of workers) which mightresult in collective activity that might threaten the regime remains puzzling

Yet another explanation for the statersquos encouragement of collective bargainingcan be found in the conception of the lsquodevelopmentalrsquo state As Friedman andKuruvilla (2015) note at the firm level high rates of labor turnover and severe laborshortages have come to be one of the key limits to future growth The inability toretain a stable workforce has pushed employers in the industrial centers in coastalareas to look elsewhere Cai (2007) has suggested that China may be at the lsquoLewisianturning pointrsquo when labor scarcity begins to shift the economy away from laborintensive input-driven growth to enhanced productivity declining inequality andgreater domestic consumption On the other hand Chan (2010) argues that thecountry has not yet reached a Lewisian turning point but is instead experiencinga series of shorter-term mismatches of ages skills and demand However at thenational level the state has espoused the goal of lsquoeconomic rebalancingrsquo makinghousehold consumption rather than state-driven investment the key engine foreconomic growth an important consideration to avoid the lsquomiddle income traprsquothat the World Bank has predicted that China will reach in 2030 In 2010 Chinarsquoshousehold consumption as a share of GDP was only 38 while similar figures forBrazil Germany India and the USA are higher than 60

The state has already acted At the 2013 plenum the CCP outlined a planto increase the role of markets in resource allocation by 2018 along with arange of policies that loosen various institutional interdependencies granting moreautonomy to local governments but at the same time making the judiciary lessdependent on local governments Economic rebalancing calls for industrial policiesthat stimulate domestic demands and strengthen citizensrsquo purchasing power andmarket-oriented institutions to have wages increased in tandem with industrial andeconomic growth Wage growth is particularly important and here we find analternative explanation for the statersquos encouragement of collective bargaining TheCCPrsquos 17th National Congress (2007) laid out the general target of establishingmechanisms for regular wage increases in enterprises First in 2008 and then againin 2014 collective bargaining was written into the central governmentrsquos work reportto the Peoplersquos Congress where the government announced the establishmentof mechanisms for regular wage increases in enterprises to deepen the reformof the income distribution system Encouraging the ACFTU to establish collectivebargaining in every establishment can be seen as one way to satisfy the statersquos interestto increase wages and move the economy into higher value added productivity basedgrowth

A different basis for the statersquos promotion of collective bargaining lies in its role asa regulator enacting policies consistent with the vision of a lsquoharmoniousrsquo society anoverarching concept adopted by the CCP during the Hu Jin Tao regime The statehas a keen interest under this conception in limiting the growth in inequality Inthe 30 years since economic reform began China has gone from being the worldrsquos

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166 S Kuruvilla and H Zhang

most equal large economy with a gini coefficient of approximately 026 in 1979 toamongst the most unequal large economies (with a gini coefficient of 047 in 2012)The widening income inequality is seen as a potential threat to political stability (agini coefficient of 040 is seen as the lsquosecurity linersquo) Again a variety of actions in thelabor arena can be seen as inequality reduction mechanisms notably the plethoraof laws that promote equal pay and move workers from the informal sphere tothe formal sphere Collective bargaining and especially industry wide collectivebargaining is one way to standardize wages and benefits within industries

Variations in Collective Bargaining

Although the central state promotes collective bargaining using uniformmechanisms at the national level there is significant variation in the developmentof collective bargaining mechanisms rules and in institutionalization across ChinaWhat might explain this variation In most countries variations in collectivebargaining processes can be linked to differences in bargaining structure (whichin turn depends on the structure of unions and employers) as well as differentregulations across states or regions (see Katz amp Darbishire 2002) The state inChina through its Labor Contract Law has promoted some variation in that itsupports both collective bargaining at the firm level as well as collective bargainingat the industry level (articles 53 and 54) Friedman and Kuruvilla (2015) argue thatChina is taking an experimental gradualist and decentralized approach to theintroduction of collective bargaining and to labor relations reform They suggestthat there are a number of ways in which the central state promotes or allows localexperimentation One the one hand the ACFTU has consciously undermined thepower of the nationally organized industrial unions in favor of regionally basedfederations to prevent them from developing potentially an independent base ofpolitical power Hence much of the experimentation we see is at the enterprise levelBut we must remember that provincial and local governments also have interestsAnd local governments play a major role in promoting collective negotiationsFor instance Friedman and Kuruvilla (2015) note that the Binhai new district inTianjin provides firms with a subsidy equal to 15 of the total increase in wage billthat comes about through collective bargaining Clearly the local government hasinterests in raising wages and wants to incentivize firms to use collective bargainingregularly Other local governments encourage collective bargaining because it mayprevent strikes and the general instability that ensues as a result of public protestsSeveral provinces have enacted detailed regulations that go above and beyond thenational regulations with regard to collective bargaining Recently Guangdongprovince enacted bargaining regulations taking effect in January 2015 which notonly provide for employer obligation to bargain but even more far reaching allowthe direct election of worker representatives by workers The point here is that wewould expect to see considerable variation in collective bargaining based on theinterests of different provincial and municipal governments But these variations are

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Labor Unrest and Collective Bargaining 167

tolerated and in fact encouraged by the central state and as argued by Friedmanand Kuruvilla (2015) consistent with the statersquos approaches in other arenas Forinstance the state has allowed a variety of experimentations with market reform todevelop in the provinces which has resulted in experiments with decollectivizationof land (Unger 2002) If regions proved successful their models could be promotedthroughout the country We argue that the state is taking a similar approachwith regard to collective bargaining In part given the differences in employmentstructure ownership industry workforce composition across regions provincesand cities a differentiated approach is necessary However the statersquos toleranceof diversity coexists with a key requirement that independent forms of workerorganization are banned

In sum we suggest that the central and local states promote collective bargainingfor a variety of different interests and that we should expect to see a variation incollective bargaining arrangements across different provinces and regions HenceHowellrsquos conception of the Chinese state as a polymorphous one is best suited to theanalysis of its motivations for promoting collective bargaining In order to predictthe future direction of collective bargaining we then turn to an analysis of Chineseunions and employers

The Future of Collective Bargaining

As noted earlier the future of collective bargaining depends heavily on the degreeto which it is institutionalized which in turn depends on the ability and willingnessof employers and trade unions to adopt the process At the moment we arguethat it is at an incipient stage The state has established the basic framework via itsTripartite Conference on the Coordination of Labor Relations (xietiao laodong guanxi

sanfang huiyi) involving the labor ministry the ACFTU and the China EnterpriseConfederation-China Enterprise Directorsrsquo Association (CEC-CEDA) ndash a semi-official employer association in China in 2001 (Brown 2006) The tripartite systemwas strengthened in February 2005 when the lsquoCircular on Further Advancingthe Collective Wage Negotiationrsquo was published by the three parties requiring allbranches of the three parties at different levels to collaboratively work together toincrease collective bargaining The statersquos lsquolegislative onslaughtrsquo in 20078 for thefirst time created a legal basis for collective bargaining And finally the state hasinstructed the ACFTU to organize workplaces and establish collective bargainingin all workplaces articulated now through the lsquorainbowrsquo plan

Since the primary engine for collective bargaining growth apparently rests onthe ACFTU it is useful to theoretically examine its evolution The key questionhere is whether the ACFTU can effectively represent Chinese workers in collectivenegotiations There are two primary lines of debate and argument with regardto the role of the ACFTU The first concerns the ACFTUrsquos identity whether it isfunctioning in largely path dependent ways and has not yet made the transition toa new role in a market based society The second is that the ACFTU suffers from

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168 S Kuruvilla and H Zhang

a crisis of legitimacy in that most workers do not trust the union or see it as effectiveWe discuss each in turn below

With regard to whether the role of the ACFTU has transformed Chen hasargued that the ACFTU remains stuck to its lsquodouble institutionalrsquo identity as bothan apparatus of the state (acting on behalf of the nationrsquos collective good) and asa labor organization to protect workersrsquo interests (Chen 2003) In the old systemChen argues that the ACFTU did not quite experience tensions between its tworoles largely because its representation function was lsquoactually absorbed by thestatersquo given that its paternalistic labor regime under the lsquoiron rice bowlrsquo system ofemployment guaranteed workers economic interests such as work pay health careand social security But under a market based system it is increasingly experiencingthese tensions especially as industrial disputes and worker militancy increase

Yet the extent to which the ACFTU has evolved in a more representativedirection remains contested Chan (Chan 1993 Unger amp Chan 1995) argues thatthe ACFTU played an effective corporatist role in the socialist period but is likelyto continue this in the market era because the statersquos needs to effectively bridge thegap between the grassroots and the state in the market economy has created spacefor the ACFTU among other such organizations to incorporate worker voice intothe bureaucratic system of the state Chan (1993) predicted that the ACFTU wouldtransform from its state corporatist role to that of a more societal corporatist rolethat features lsquoa coalescing of horizontal interests from the bottom upwardrsquo

However Friedman (2014a) does not see a promising corporatist future for theACFTU for three reasons First corporatism requires that workersrsquo voices aresuccessfully incorporated into the system while the ACFTU does not incorporateworkers voices Second corporatism requires that workers give up political demandsin exchange for economic benefits and therefore implies a relatively de-commodifiedmodel of social governance whereas in China workers clearly do not enjoysufficiently such benefits Third however co-opted a union under corporatismis it is a somewhat independent intermediary organization between the grassrootsand the state while the ACFTU is clearly part of the state apparatus with no suchindependence

That being said clearly there is some transition to a more representative roleof the ACFTU Chen (2003) documents the increasing ways in which unions aretaking up their representative function with regard to individual if not collectivedisputes The ACFTU has carried out reforms and lsquoexperimentsrsquo at both centraland local levels In the arena of organizing unions at all levels have developedvarious models (ie the traditional ACFTU pattern the union association patterand the regional industry-based pattern) to strategically organize workers (Liu2010) Nevertheless the unionsrsquo ability to effectively represent workers is limitedon the one hand by their subjective position with regard to the employer and onthe other because union leadership cadres see union organizing as a bureaucraticexercise to meet the targets suggested by the state rather than a strategic one (Liu2010 Taylor amp Li 2010)

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Labor Unrest and Collective Bargaining 169

Chen (2003) suggests that there is a natural limit to the ACFTUrsquos ability tobe an independent representative agent ie the state will not loosen its controlover the unions because of lsquosolidarity phobiarsquo (eg the Polish experience) wherebymore independent unionism is seen as subversive and threatening to the regimeas well as being threatening to the role of the state as a lsquodevelopmentalrsquo stateTherefore we expect that the state will continue protecting the ACFTU monopolyon worker representation ndash a condition that Friedman (2014a) called lsquoappropriatedrepresentationrsquo whereby the ACFTU may be able to promote collective bargainingusing its unique political position at the national level whereas workplace unionswill remain weak and illegitimate

The crisis of legitimacy of the ACFTU has been well documented by severalauthors (Howell 2008 Taylor amp Li 2007) The key argument here is that Chineseworkers do not trust the ACFTU to adequately represent them and in fact inmany workplaces where the ACFTU is present the workers do not even know thatthey have representation The ACFTU is seen as largely apathetic willing to allowmanagement to exercise control (this explains the phenomena of lsquodual postingrsquowhere the companyrsquos human resource manager is allowed by the ACFTU officialsto act as lsquounion leaderrsquo) Friedman (2014a) suggests that official unions have beenunable to win recognition from workers and therefore wildcat strikes and otherforms of representation continue to be the most effective means of addressingworker grievances There have been recent experiments regarding direct unionelections which would arguably lead to more representative unions and hencemore legitimate ones but there is a lack of sufficient worker involvement in theseexperiments (Chan 2009 Howell 2008) with a notable exception of electionsinitiated by workers via spontaneous strikes (Hui amp Chan 2014)

Given that unions have an identity crisis as well as a crisis of legitimacy the keyhypotheses that we can advance is that unions will be unable to effectively representworkers in collective bargaining and are more likely to see collective bargaining asa bureaucratic exercise just as they view union organizing Collective agreementsthen are more likely to be formalistic exercises that primarily re-state the basicconditions under the laws and less likely to advance workersrsquo interests

Like the ACFTU the two national employer associations ndash the CEC-CEDAand the All China Federation of Industry and Commerce (ACFIC) ndash participatein the tripartite framework to promote collective bargaining but both are alsosubordinated to the CCP Our current ongoing research suggests that theseemployer associations are half-hearted partners in promoting collective bargainingLocal employer associations although theoretically have to be affiliated with thetwo big national associations often enjoy more autonomy from the state as well astheir upper levels in decision making than their equivalents on the union side do(Friedman 2014b) This allows them to ignore collective bargaining or when it suitstheir interests to encourage and promote it Given tight labor market conditionsit often suits local employers to engage in some form of regional or industry-wide coordination on wages and working conditions In such cases local employer

Ccopy 2016 The International Association for Chinese Management Research

170 S Kuruvilla and H Zhang

associations serve as mechanisms of employersrsquo collective voice while lead firmsare indeed key players But apart from these industry-wide bargaining scenariosemployers tend to shy away from collective bargaining at the firm level except afterstrikes

Given the unionrsquos identity and legitimacy crises and the employersrsquo relative lackof interest in promoting collective bargaining at the firm level we have no basis toexpect that the institution of collective bargaining will fulfill the statersquos objectives inintroducing it as a means of containing labor conflict In what follows we discussour methodology and in our results section we attempt to categorize the variationthat we see in collective bargaining (based on very limited research) in China

METHODOLOGY

In the absence of official data we rely on alternative estimates of strikes of whichtwo sources are available The first is a website run by the China Labour Bulletina Hong Kong based NGO that collects information on worker protests and strikeslargely from news reports in Chinese newspapers but also from dissident blog sitesand through the organizationrsquos radio call in show The second is a website calledChina Strikes (Elfstrom amp Kuruvilla 2014) which also uses newspaper reportsbut also individual lsquotip-offsrsquo through their website While China Strikes has focusedon the period of 2008ndash2012 the China Labour Bulletin reports strikes from 2011onwards For the overlapping years ie 2011ndash2012 both websites have identifiedsimilar numbers of strikes However both sources of data have shortcomings Firstit is possible that both websites under-report the actual number of incidences ofworker protests and strikes since there are many incidences that do not find theirway into newspapers for a variety of reasons Second it is possible that only biggerstrikes that disrupt life outside the factory gates (such as taxi strikes) get reportedin the press And finally the criticism that these two websites may be measuringnews stories rather than real strikes is also not entirely without substance Howeverin the absence of official statistics these are the only sources of data even if theyunderstate by a significant margin the real numbers

With regard to collective bargaining our goal is to use the limited research alreadypublished and our own observations (we are currently engaged in a research projecton collective bargaining that is not yet complete) to create a taxonomy of collectivebargaining in China Given that collective bargaining is a relatively new institutionbut one that is expected to grow in the coming years establishing a taxonomy todaywill be useful as a baseline against which future studies can make comparisonsOur taxonomy uses two concepts to classify current collective bargaining Theseare the degree of centralization (or decentralization) and the degree of authenticityof collective bargaining

Whether bargaining is centralized or decentralized depends on the bargainingstructure ie the level at which bargaining takes place and the employees andemployers it covers (Katz Kochan amp Colvin 2014) In Western European

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Labor Unrest and Collective Bargaining 171

countries a centralized (or multi-employer) bargaining structure is instituted atlevels beyond individual firms usually at the industry or national level wherenegotiations are carried out by national or industrial level organizations of unionsand employers National level agreements are common in Austria and Swedenwhereas industry level agreements are common in Germany Netherlands andBelgium Decentralized bargaining (where agreements are negotiated by companylevel unions and their employers are more common in the US and JapanIn China the labor contract law permits both centralized and decentralizedbargaining although the centralized bargaining it envisages is actually at a moredecentralized level than in other countries Specifically the law limits regionalor industry level collective contracts in construction mining restaurant andother industries to areas below the county level[3] The statersquos rationale for thislimitation is twofold ie the need to resolve issues of employment instability laborshortages strikes high turnover low social security coverage at the county levelwhile at the same time providing an institutional structure to extend collectivebargaining coverage to workers in these difficult to organize industries ndash mostlysmall short-lived and non-unionized businesses In practice local unions oftenare reluctant to establish collective bargaining at above-county levels and regionalauthorities do not encourage this either while the state actively discourages industrywide bargaining structures above the country level Thus we will expect to seemore collective bargaining agreements at the firm level rather than industrylevel

Collective bargaining can also vary based on the degree to which bargaining isauthentic As we have noted earlier there is a clear tendency towards what are calledlsquotemplate agreementsrsquo where management and union sign a formalistic agreementthat simply re-states the minimum conditions of the law and where workers are noteven aware of these agreements These would be inauthentic agreements We definea collective bargaining agreement as authentic if it meets the following conditionswhether unions and employers actually engage in a process of negotiations whetherworkers have input into crafting the demands that the union negotiates on theirbehalf whether those negotiations result in concrete outcomes and whether theprocess is repeated more than once (a sign of institutionalization) As we will showthe majority of collective bargaining agreements tend to be inauthentic Authenticagreements are relatively few and typically they occur after a strike since the strikeby workers needs to be settled and it can only be settled by negotiations

Based on our theoretical discussion with regard to strikes we would expect tosee steadily increasing numbers of strikes offensive in nature all across the countryalong with steadily increasing conflict rates Based on our analysis of the centraland local statesrsquo multiple interests we would expect to see steady growth in thenumber of collective bargaining agreements since 2008 and significant variationFinally based on our analysis of the ACFTU and employersrsquo associations we wouldexpect to see many inauthentic agreements and a preponderance of firm levelbargaining

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172 S Kuruvilla and H Zhang

Table 1 Strikes in China 2008ndashAugust 2014

Year

Number of

strikes

Average number of

strikes per month

2008 47 42009 32 32010 88 72011 233 192012 393 332013 656 552014 (till August) 644 81

(Source The 2008ndash2012 data about China are fromChina Strikes website available from URL httpschinastrikescrowdmapcom The 2013 data aboutChina are from China Labor Bulletin available fromURL httpwwwnumblecomPHPmysqlclbmapehtml)

6 916

0

20

40

60

80

100

120

140

Jan-

08

Jun-

08

Nov

-08

26

Apr-

09

Sep-

09

Feb-

10

Jul-1

0

17

31 3541

Dec-

10

May

-11

Oct

-11

Mar

-12

49

7265

78

64

119

Aug-

12

Jan-

13

Jun-

13

Nov

-13

105

-

Chin

Chin

a Strikes

a Labor Bullen

Figure 2 Monthly strikes in China 2008ndash2014 (Source China Labor Bulletin available fromURL httpwwwnumblecomPHPmysqlclbmapehtml and China Strikes available from URLhttpschinastrikescrowdmapcom)

RESULTS

Strikes

China Strikes reports a total of 793 strikes during the 2008ndash2012 period whilethe China Labour Bulletin indicates a total of 1867 strikes between Jan 2011 andAugust 2014 Table 1 shows counts of strikes after integrating estimates from bothwebsites What is notable is that the average frequency of strikes per month hasbeen increasing steadily Figure 2 graphs this trend[4] Chinese workers appear tobe striking more and longer indicative of their bargaining power

If one assumes as we argued that the Chinese data represents a massiveundercount of reality then clearly China is the lsquostrike capitalrsquo of the world withmore strikes per year than most other countries An alternative way of examiningwhether there is conflict in the system is to look at the number of labor disputes in

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Labor Unrest and Collective Bargaining 173

Table 2 Labor disputes in China (2000ndash2012 every alternative year)

2000 2002 2004 2006 2008 2010 2012

Annual Average

Growth Rate

Number of casesaccepted

135206 184116 260471 317162 693465 600865 641202 1385

Number ofworkersinvolved

422617 608396 764981 679312 1214328 815121 882487 633

Number ofcollective labordisputes

8247 11024 19241 13977 21880 9314 7252 minus 107

Number ofworkersinvolved incollective labordisputes

259445 374956 477992 348714 502713 211755 231894 minus 093

Number of casessettled

130688 178744 258678 310780 622719 634041 643292 1420

Number of casessettled bymediation

41877 50925 83400 104435 221284 250131 302552 1791

Number of casessettled byarbitrationlawsuit

54142 77340 110708 141465 274543 266506 268530 1428

Cases mediatedbefore accepted

77342 70840 130321 237283 163997 212937 1066

(Source China Labor Statistical Yearbook 2013)

China As the data in Table 2 suggests the number of labor disputes in China hasalso increased over the last few years

In sum and despite problems with the available data our research suggeststhat Chinese workers are increasingly militant and that the number of strikes inChina seems to be steadily increasing as are other indicators of industrial conflictconsistent with our expectations

Collective Bargaining

The published data show considerable growth in collective bargaining in Chinafrom 2006 onward As is apparent from Table 3 the annual growth rates in thenumber of collective contracts are high nearly 20 per year The number ofenterprises being covered by the contracts has been growing by almost 100 peryear indicating a great expansion of multi-employer ndash industrial and regionalndash contracts as well Clearly therefore the statersquos encouragement of collectivebargaining has been successful in quantitative terms Yet the growth in collectivebargaining does not show an appreciable decline in industrial conflict measuredby strikes or data on industrial disputes At a preliminary level this suggests thatthe statersquos encouragement of collective bargaining as a method of reducing conflict

Ccopy 2016 The International Association for Chinese Management Research

174 S Kuruvilla and H Zhang

Table 3 Growth of collective bargaining in China 2005ndash2010

2005 2006 2007 2008 2009 2010

Average Annual

Growth Rate

Number ofcollectivebargainingcontracts onwages

251794 304978 343329 410606 512151 608483 1930

Number ofenterprisescovered

41306 525964 622063 774501 901665 1115874 9334

Staff andworkerscovered bycollectivebargaining

35312320 37145872 39685737 51101198 61776321 75657331 1646

(Source China Trade Union Yearbooks 2006ndash2011)

Table 4 Wage growth in China (2000ndash2013)

Year

Average Yearly

Nominal

Wages (yuan) Growth of Nominal Wages Growth of Real Wages

2000 9333 122 1132001 10834 161 1532002 12373 142 1542003 13969 129 1192004 15920 140 1032005 18200 143 1252006 20856 146 1292007 24721 185 1342008 28898 169 1072009 32244 116 1262010 36539 133 982011 41799 144 862012 46769 119 902013 51483 101 73

(Source China Statistical Yearbook 2014)

and strikes is not successful or to be conservative not successful yet At the sametime data on wages show steady growth (see Table 4) We can draw two differentconclusions from this limited data One is that the key interest of the state wasnot to reduce conflict via the introduction of collective bargaining but to increaseand stabilize wages If this conception of the statersquos interest is correct then itprovides support for the argument that the state is acting in lsquodevelopmentalrsquo waysin encouraging collective bargaining as an instrument to rebalance the economy Analternative explanation is that the state does want to introduce collective bargainingin order to reduce conflict (as has been done in most parts of the world) but thequality of collective bargaining is not very good and hence does not meet that goal

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Labor Unrest and Collective Bargaining 175

FormalisticIneffective AuthenticEffective

Centralization

Decentralization

- Industry-wide Agreements that are ineffective egWuhan Restaurants

- Well established industry wide agreements eg The Wenling Model

- Template Bargaining

- Strike-triggered Bargaining

- State-intervened Bargaining

- Informal Bargaining

- Informal Coordination

- Democratic Grassroots Union Election

- Employer Coordination and state Intervention

Q3 Q4 Q1 Q2

Figure 3 A taxonomy of varieties of collective bargaining in China

If this is true then the policy prescriptions are clearer Below we look more closelyat the nature of collective bargaining

Emerging Variation Varieties of Collective Bargaining in China

Based on the limited available research we classify collective bargaining agreementsbased on how centralized or decentralized and how authentic or inauthentic theyare Recall our key caveat that there is relatively little published research andhence our taxonomy below (see Figure 3) is not based on a representative sampleas it should be However we want to highlight that this is by no means a staticclassification because we also see dynamism where there is movement from onequadrant to another At best this taxonomy should be seen as an initial estimateor baseline against which future research can examine progress over the comingdecade

Quadrant 1 Decentralized inauthentic collective bargaining Perhaps the most commonform of collective bargaining is what we term lsquotemplate bargainingrsquo and what other

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176 S Kuruvilla and H Zhang

researchers have described as lsquocollective contracts without collective bargainingrsquoor lsquopaper contractsrsquo (Chen 2007 Clarke et al 2004 Luo 2011) Typically thelocal government ndash often the labor administration and official union ndash develops atemplate for a collective contract that employers and the local branch of the unionshould sign (jiti hetong fanben) In some cases the template agreement contains blankspaces for wage increases which enterprises can customize to suit their needsUsually a template agreement leaves little room for the parties to bargain overinterest-based issues (Chen 2007) This is the model of collective bargaining mostcommonly followed by the ACFTU which provides its unions with these templateagreements for various regions that employers are requested to sign and whichre-state minimum legal conditions Often employers prepare the contracts andunions simply sign them without engaging in any negotiation (Clarke et al 2004Luo 2011 Taylor Chang amp Li 2003 Wu 2012)

The ACFTU which is targeted with increasing the coverage of collectivebargaining within the country appears more interested in the quantity ofagreements signed (to meet its targets) with relatively little focus on the quality (Wu2012) Some of these template agreements are not even enforced due to weaknessesin the labor inspection regime (Wu 2012) or because the local enterprise unionsalso exist primarily lsquoon paperrsquo having been set up by the ACFTU in collaborationwith the employer often without the workersrsquo knowledge (Liu 2010) Thus thougha large majority of Chinese collective bargaining agreements hew to this type wesee them as being largely inauthentic and the most decentralized given that theyare signed at the enterprise level These have been well documented in existingstudies (Clarke et al 2004 Luo 2011 Taylor et al 2003 Warner amp Ng 1999) sowe shall not expand on them here

Quadrant 2 Decentralized authentic collective bargaining A small but growing number ofcollective bargaining agreements at the firm level can be termed more authenticalthough there is some variation to the extent that they truly encapsulate genuinebargaining There are three different ways in which this type of collective bargainingis happening One and perhaps the most authentic form of collective bargainingis the negotiations that take place after a strike as Elfstrom amp Kuruvilla (2014)suggest The best known case of strike-triggered bargaining is the Honda NanhaiTransmission plantrsquos strike in 2010 that resulted in substantial wage increases forworkers and later also triggered a strike wave in the local and national auto industryleading to substantial wage negotiation in many of those cases as well (Hui 2011)Since a strike when it occurs is frequently settled by negotiations these days (Chang2013) the steady growth in the number of strikes implies growth in more authenticcollective bargaining There is increasing research that suggest that strikes beforeand during the 2010 strike wave were settled via negotiations between provisionallyelected workersrsquo representatives and employers (Chen 2010 Meng 2012 MengLu Lei Wang amp Chang 2011) Some of these strike-based settlements have beenoften facilitated by the mediation of local governments and official unions and

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Labor Unrest and Collective Bargaining 177

the state in various places has appeared to prefer using this approach rather thansuppressing striking workers (Chang 2013 Gallagher 2014) Chen (2010) refersto these dispute and strike settlement mechanisms as quadripartite bargaininginvolving four actors (the state the ACFTU the employers and the workers)Strikes and post-strike settlements are an important route by which collectivebargaining is becoming institutionalized suggests Meng (2012) in his research onDalian

The second way that authentic bargaining may occur without collective actionby workers is through the direct intervention by the local government Chan andHuirsquos (2014) research on Hondarsquos (Guangzhou) 2011 bargaining round suggeststhat although a union in which workers elected their representatives and collectivebargaining were institutionalized in the firm after the 2010 strike the localgovernment directly intervened in the negotiations during the 2011 bargaininground and encouraged the parties to come to agreement Arguably the localgovernment was interested in avoiding a potential strike We refer to this as authenticbecause it is occurring in a situation where workers choose their own representativesand the local government apparently takes the process seriously However this is amore isolated case

Although much of the prior literature has focused on formal bargaining structuresto make the claim that much of Chinese collective bargaining is inauthentic Zhang(2014) makes a compelling case that we should examine informal processes whichare perhaps just as important as formal structures and constitute the third wayin which bargaining is effective He finds in his study of the auto industry inTianjin that while formal bargaining looks just as formalistic as many other casesmuch of the real negotiation takes place at both enterprise and industry levelsthrough informal processes of coordination and negotiations that have resultedin meaningful outcomes Although there have not been strikes or governmentintervention in the auto-industry bargaining cases in Tianjin that Zhang examineshis research points to the active role of the firm union in ensuring substantialnegotiation Thus there are many different ways in which authentic bargaining iscarried out

Quadrant 3 Centralized and inauthentic collective bargaining A major strategy of theACFTUrsquos Rainbow Plan can be found in its effort to carry out regional and industry-level bargaining seen as necessary to bring employees of small and medium sizedfirms under collective bargaining coverage (Wu 2012) And as noted the ACFTUrsquosefforts are complemented by the state apparatus where key state departmentsoften take the lead in mobilizing employers For instance in the second authorrsquosongoing research he finds that in the case of hospitals in Tianjin the districtunion successfully mobilized the employers by leveraging the district Bureau ofPublic Health (BOPH) ndash a state institution in charge of examining approving andsupervising all local public health affairs ndash to create an industry wide collectivebargaining agreement However it was not clear that workers were aware of the

Ccopy 2016 The International Association for Chinese Management Research

178 S Kuruvilla and H Zhang

agreement nor was it clear that the agreement was enforced Similar efforts arealso identified in Tianjinrsquos construction industry as well as in other regions in Wursquos(2012) research

While we need more cases to draw firmer conclusions thus far what is clear isthat many of these industry-wide agreements are either formalistic or have shownthemselves to be ineffective and not institutionalized Similar to that of decentralizedand formalistic bargaining the reasons for ineffectiveness at this level include theunionrsquos focus on formalistic terms the absence of strict enforcement and oftenworker ignorance of the terms of the agreement or that they were represented bya union (a frequent issue when union representatives are not directly elected) (Wu2012) A classic example here is Friedmanrsquos (2014b) study of sectoral bargainingin Ruirsquoan eyeglass cluster in Zhejiang Province where workers interviewed indeedknew nothing about the industry level contract that covered them Probably thebest-known case of failure of enforcement of collective bargaining can be foundin Wuhan where the local government in a top-down process initiated sectoralnegotiations in 2011 in the restaurant industry Although the sectoral contract hasset wage terms for over 450000 workers from 40000 different establishments in2011 (Xie amp Guo 2011) and has been renegotiated successfully over the last threeyears which has been well covered by mass media recent research (Xie ChenChen amp Xiao 2012) shows that only 569 of employees surveyed were receivingthe wages stipulated in the contract

Despite these issues the ACFTU continues to focus on building collectivebargaining institutions at the industry and regional levels In Guangzhou forinstance the official union has organized the construction industry although nocollective bargaining has been successfully achieved (Friedman 2014b) In additionunion organizing by region has also been identified in areas with clusters of smallbusinesses such as community unions village union associations market unionsoffice building unions and union associations by ownership in development zones(Liu 2010) But we are skeptical of the prospects for institutionalization of collectivebargaining at the regional level given the heterogeneity in industries and firms ina region and given that often workers are not aware of the agreement nor do theyelect their representatives

Quadrant 4 Centralized authentic collective bargaining There are a few instances ofcentralized sectoral bargaining that qualify as authentic Unlike the previousexamples where it was either the local government or the ACFTU that was theprimary engine behind the development of collective bargaining in the case ofWenling the employers were the ones who initiated the project Wenling a town inZhejiang Province contains a knitwear cluster with more than 130 firms employingabout 12000 workers in 2002 In this case employers began spontaneous wagecoordination in an effort to deal with the rising turnover as a result of whatwas an acute labor shortage (Xu 2005) They formed an employer association in2000 and institutionalized wage coordination amongst themselves although not all

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Labor Unrest and Collective Bargaining 179

employers came on board By 2003 the local government stepped in establishingan industrial union which ultimately signed an industry-wide agreement with theemployer association (Wen amp Lin 2015) That contract has been renegotiated everyyear since and is stable although it overwhelmingly focuses on the piece-rates andnot other working conditions Moreover it is a clear case of relatively authenticcollective bargaining arrangement in terms of how well the contract is enforcedThe second author interviewed workers in the industry in 2013 and found that thepiece-rates that were used to pay them was higher than or equal to those stipulatedin the contract

The Wenling model is being increasingly diffused to other areas In all 15industries ndash including the pump sector in a town named Zeguo (Liu 2010) ndashhave carried out similar bargaining by 2012 covering roughly 6100 enterprisesand 400000 workers (Zhang amp Shi 2012) There are reports of cases developingin other textile and garment (Luthje Luo amp Zhang 2013 269) as well as othermanufacturing clusters (Lee 2011) The commonalities across these lsquosuccessfulcasesrsquo is that they are negotiating about the piece-rate at the industry level andwage coordination was welcomed by small and medium-sized firms in order toreduce turnover in a labor shortage situation Therefore success seems to be in partdetermined by employer interest and readiness for collective bargaining as well

DISCUSSION

Moving across Quadrants The Future of Collective Bargaining andThe Roles of Unions and Employers

While the above taxonomy presents a static picture of the varieties of collectivebargaining in China it is important to incorporate a dynamic element specificallywhat makes it possible to move from inauthentic to more authentic collectivebargaining and how might decentralized bargaining connect with more centralizedstructures to create more worker solidarity

How might we expect movement from inauthentic to more authentic bargainingat the firm level (ie from Quadrant 1 to Quadrant 2) Certainly as discussedearlier strikes could trigger such a movement But there are other ways as wellOne strategy recently adopted in Guangzhou and Shenzhen is the grassroots unionelection (namely direct election for grassroots trade union cadres [gonghui zhixuan])When workers are able to elect their own representatives rather than having unionleaders decided by the regional official union or the enterprise it builds the localunionsrsquo autonomy and independence and is one necessary step for the growth ofauthentic bargaining This focus on direct election is growing For instance theShenzhen Federation of Trade Unions announced in 2012 that 163 enterpriseswith more than 1000 employees would all adopt direct election (Eastmoney 2012)The second authorrsquos interview with a key informant involved in Shenzhenrsquos unionelection revealed that approximately 1000 out of the 30000 enterprise unions

Ccopy 2016 The International Association for Chinese Management Research

180 S Kuruvilla and H Zhang

in Shenzhen had lsquocarried out or reached the level of direct union election (dadao

zhixuan shuiping)rsquo by August 2011 In Guangzhou Peng amp Du (2010) report thatseveral hundred of the over 50000 firm unions had been directly elected by 2010The case of direct union elections in Omron (Shenzhen) has been documented inWen (2013) and Hui amp Chanrsquos (2014) work Yet we need more research to properlyevaluate how these elections are conducted

Although the efficacy of direct union elections has been debated (some argue thatthese elections were manipulated by employers or local officials others questionthe degree to which these will be institutionalized in todayrsquos political climate inChina and some suggest that there is rising opposition to direct elections fromboth employers and the state (Chan 2009 Howell 2008 Wen 2013) the availableevidence (Hui amp Chan 2014 Wen 2013) and more recent first hand evidence fromour research in Guangzhoursquos auto industry suggests that thus far democratic unionelections facilitates collective bargaining with real negotiation between workers andemployers including some conflictual negotiations that result in real rather thanformalistic outcomes and hence are more authentic

Movement from Quadrant 3 to 4 (ie from less authentic to more authenticbargaining at the centralized level) appears possible when employers take the firststep in coordinating through employer associations and when the local governmentdirectly intervenes to create industry wide settlements as suggested by the Wenlingmodel However given the lack of a real connection between unions at this leveland the workers they represent and the heterogeneous workplaces that makedirect election of representatives more difficult we are not convinced that such amovement is imminent In addition there are a number of implementation andenforcement failures such as in the case of the restaurant industry in Wuhan thatsuggest the difficulty of achieving meaningful collective bargaining coverage for anentire regional industry

There is some evidence of increased coordination between decentralized andcentralized levels Zhang (2014) finds evidence of links between industry wagestructures and firm level bargaining in a circumstance when lead and supplierfirms belonging to the same value chain in the local labor market are involvedThis indicates some degree of dynamism distinct from the mostly static pictureimplied by our classification This movement of informal coordination appearssimilar to those practices in the West especially in Europe although perhaps it isat a more incipient stage here As Chinese employers in a cluster or industry beginto build better institutional structures to facilitate coordination that will stimulatea similar movement amongst workers and unions and thereby promote industrywide bargaining as well as firm level bargaining

CONCLUSION

In this paper we examine the growth of strikes and collective bargaining in ChinaUsing McAdamrsquos political process model we argued that Chinese workers are

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Labor Unrest and Collective Bargaining 181

striking more and proactively after 2008 The Chinese state has encouraged thegrowth of collective bargaining although its motivations for doing so could beattributed to different interests such as providing a mechanism to resolve laborconflict or to increase wages in its effort to lsquorebalancersquo the economy a necessarycondition to avoid the middle income trap We argued further that we wouldexpect to see considerable variation in collective bargaining based on the differentialinterests of central and local states who are enjoying more autonomy than theydid in the past And our analysis of the official union (ACFTU) and the crises ofidentity and legitimacy that it faces led us to expect that collective bargaining willbe predominantly inauthentic

The evidence largely supports our expectations Chinese workers are clearlystriking more after 2008 and the numbers of strikes from two different sets of datashow steady increases Collective bargaining has also grown sharply after 2008 butthe key agent charged with the responsibility of increasing bargaining coverage (theACFTU) tends to view it generally as a bureaucratic exercise Hence our findingthat much of the incipient collective bargaining in China hews to the inauthenticside of the continuum We also find considerable variation however in collectivebargaining This variation is attributable to the willingness of the state to allowexperimentation and it would appear that different industrial relations actors ielocal labor bureaucracies local employers and local unions exercise considerablefreedom to develop particular structures

While our taxonomy presents a static picture of collective bargaining in Chinatoday we also highlight how it may change in the future under the presentinstitutional structure We have identified several conditions that are necessary forbargaining arrangements to move towards greater authenticity Specifically eventhough the Chinese state is unlikely to permit workers to affiliate with unions of theirchoice reforms within the ACFTU that move it in the direction of increasing itsrepresentative function is one avenue for change An amendment to the GuangdongProvincial Regulation on Collective Contracts for Enterprises is in our view onepathway to more authentic bargaining The regulation is detailed covering notonly the content and subject matter of collective bargaining but includes extensiveprovisions regarding various aspects of collective negotiations Most crucially theregulation specifies clearly that lsquonegotiation representatives of the employees of thefirm must either be selected by the trade union or democratically elected by thestaff and workersrsquo ndash the first time that democratic elections have been specified inany provincial legislation regarding collective bargaining

However despite the growth and variation that we see and despite the promiseimplicit in the Guangdong regulations overall our paper suggests that collectivebargaining in China is at a very incipient stage At this point in 2015 our initialanalyses would suggest that the institution of collective bargaining in China is moreeffective at increasing wages thereby meeting the statersquos interest in rebalancing theeconomy and less effective in meeting the statersquos alternative interest ie representingworkers adequately so as to reduce industrial conflict

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182 S Kuruvilla and H Zhang

Under what conditions could collective bargaining meet the statersquos alternativeinterest This requires that Chinese unions overcome their problems of identity andlegitimacy A necessary condition is that the state must be willing to provide theunions with more independence What might bring this about The state wouldbe willing to do so if the legitimacy of the CCP is under threat And that couldhappen if industrial conflict and labor exploitation continue to increase despite thenew laws and union activity

However recent decisions suggest that the state has elected to follow an alternativeapproach of improving bargaining effectiveness with more centralization ratherthan providing local union autonomy In 2014 the ACFTU introduced a newfive-year plan (2014ndash2018) to promote collective bargaining Simultaneously inorder to improve collective bargaining effectiveness the ACFTU has adoptednew guidelines to its locals These include the notion that 100 of the workerscovered under CB should be aware of the bargaining and have provided themwith relatively centralized formats that would permit aggregation of data onwages More importantly in May 2015 the central government and CCP releasedlsquoSuggestions for Establishing Harmonious Labor Relationsrsquo ndash the first time thatharmonious labor relations were promoted at the central level in a special documentThese actions suggest that the CCP has acknowledged the shortcomings of thecurrent collective bargaining system (ie poor implementation poor quality ofagreements and the ACFTUs general inability to represent workers) and thethreat of continued industrial conflict to its own legitimacy but is still leery ofproviding local unions and workers with more autonomy that might result in thesuccessful institutionalization of bargaining

How does the development of Chinese unions and collective bargaininginstitutions compare with other Asian nations We might look to both Taiwanand South Korea for parallels Japan however is less comparable because thepost-war development of both unions and collective bargaining developed intandem with democratization (Gould 1984) and was led by employers whointroduced the famous pillars of lifetime employment seniority based wages andenterprise unions in search of labor stability (Hashimoto 1991) In both Koreaand Taiwan however the export oriented industrialization regimes adopted byauthoritarian governments entailed a high degree of control of labor Ratherlike China today Taiwanrsquos policies then required the unions to be affiliated toone central federation (the Chinese Federation of Labor) which was controlled bythe Kuomintang regime (Deyo 1987) Korea adopted a similar approach with thecreation of the Federation of Korean Trade Unions created by the governmentHowever in contrast to Taiwan (where the workforce was mostly composed oflabor working in agriculture and small scale industries) Korearsquos labor movementeven under authoritarian governments developed a stronger working class identityDeyo (1987) and Chu (1998) argue due to the tradition of nationalist mobilizationagainst the Japanese occupation large sized firms involved in heavy industries andhigh industry concentration Both countries democratized in the late 1980s Given

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Labor Unrest and Collective Bargaining 183

their historical weakness the labor movement in Taiwan did not play a major rolein the democratization processes unlike the Korean labor movement which was acentral player in the process in Korea Consequently post democratization Koreanunions aggressively demonstrated their power through waves of strikes (Chu 1998)that resulted in the formal institutionalization of a new industrial relations regimealong pluralist lines Taiwanrsquos labor movement given its historical weakness did notassert themselves as strongly after democratization although a new labor relationsregime developed thereafter Thus although there was broad similarity in termsof state control of labor in Korea Taiwan and China that similarity ended in the1980s upon democratization in Korea and Taiwan The Chinese labor movementstill remains under state control and the future evolution of both labor unions andcollective bargaining is as we have argued earlier in this paper dependent on CCPrsquosstrategies

Having developed a lsquobaselinersquo taxonomy of collective bargaining how mightfuture research advance our knowledge about collective bargaining in China Mostimportantly we need research (detailed case studies) on how collective bargainingis conducted in different parts of China As Friedman and Kuruvilla (2014) haveargued there is much experimentation and decentralization and more empiricalevidence of these processes are clearly necessary in order to evaluate what worksbest in which locations and why We specifically need more case studies ofauthentic bargaining Second we need analyses of collective bargaining contracts(on both a national and regional scale) in order to determine which are the keyissues of contention between management and labor and how they are changingovertime More research on the various experiments regarding union electionsand the impact of these on bargaining processes and outcomes is a key need aswell Thus there are plenty of opportunities for cutting edge research in collectivebargaining in China and we hope that Chinese management scholars would answerthis call for research into a crucial national human resource issue

NOTES

We thank Manfred Elfstrom and Eli Friedman for comments on an earlier version of this article andthe faculty at Renmin University School of Labor and Human Resources for hosting us[1] There have been various administrative provisions for collective negotiations since 1994 but

legal backing was only granted via the Labor Contract Law beginning in January 2008[2] According to the National Bureau of Statistics (NBS) the term lsquoenterprises above designated

sizersquo points to those industrial legal person enterprises whose yearly main business incomes equalto or are more than 5 million yuan (2009)

[3] The political geography in China divides the country into three levels of bureaucracies below thenational level namely the provincial level the citycounty level and the township level (Note thata village government is not an official bureaucracy but a villagersrsquo self-management organization)However as a legacy of the Kuomintang regime most cities include and administrate severalcounties and therefore the de facto bureaucratic system in China ndash according to which bothofficial unions and governments are structured ndash actually has four levels ie the provincial levelthe city level the countydistrict level and the township level

[4] We admit the possibility that the growing trend may be partially because of a betterdocumentation system now than before

Ccopy 2016 The International Association for Chinese Management Research

184 S Kuruvilla and H Zhang

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Blecher M 1991 Development state entrepreneurial state The political economy of socialist reformin Xinji Municipality and Guanghan County In G White (Ed) The Chinese state in theera of economic reform The road to crisis 265ndash294 Basingstoke Macmillan

Blecher M amp Shue V 1996 Tethered deer Government and economy in a Chinese countyStanford CA Stanford University Press

Brown R 2006 Chinarsquos collective contract provisions Can collective negotiations embody collectivebargaining Duke Journal of Comparative and International Law 35 35ndash77

Cai F 2007 Zhongguo jingji mianlin de zhuanzhe jiqi dui fazhan he gaige de tiaozhan (The turningpoint faced by the Chinese economy and the challenge it presents to development and reform)Zhongguo Shehui Kexue (Social Sciences in China) 2007(3) 4ndash12

Chan A 1993 Revolution or corporatism Workers and trade unions in post-Mao China TheAustralian Journal of Chinese Affairs 29 31ndash61

Chan A 2009 Challenges and possibilities for democratic grassroots union elections in China Acase study of two factory-level elections and their aftermath Labor Studies Journal 34(3)293ndash317

Chan C K C amp Hui E S I 2014 The development of collective bargaining in China Fromlsquocollective bargaining by riotrsquo to lsquoparty state-led wage bargainingrsquo The China Quarterly217(1) 221ndash242

Chan K W 2010 A China paradox Migrant labor shortage amidst rural labor supply abundanceEurasian Geography and Economics 51(4) 513ndash530

Chang K 2013 Laogong guanxi jitihua zhuanxing yu zhengfu laogong zhengce de wanshan (Thecollective transformation of industrial relations and improvement of labor policies) ZhongguoShehui Kexue (Social Sciences in China) 2013(6) 91ndash108

Chen F 2003 Between the state and labour The conflict of Chinese trade unionsrsquo double identityin market reform The China Quarterly 176 1006ndash1028

Chen F 2007 Individual rights and collective rights Laborrsquos predicament in China Communistand Post-Communist Studies 40(1) 59ndash79

Chen F 2010 Trade unions and the quadripartite interactions in strike settlement in China TheChina Quarterly 201 104ndash124

Chu Y W 1998 Labor and democratization in South Korea and Taiwan Journal ofContemporary Asia 28(2) 185ndash202

Clarke S Lee C amp Li Q 2004 Collective consultation and industrial relations in China BritishJournal of Industrial Relations 42(2) 235ndash254

Deyo F C 1987 State and labor Modes of political exclusion in the East Asian development InF C Deyo (Ed) The political economy of the new Asian industrialism Ithaca NYCornell University Press

Eastmoney 2010 Zhixuan gonghui zhihou (After the direct election of the union)[Cited 14 September 2013] Available from URL httpmoneyeastmoneycomnews158320120918251427566html

Eisenhardt K 1989 Building theories from case study research Academy of ManagementReview 14(4) 532ndash550

Elfstrom M amp Kuruvilla S 2014 The changing nature of labor unrest in China Industrial andLabor Relations Review 67(2) 453ndash480

Frenkel S amp Kuruvilla S 2002 Logics of action globalization and changing employment relationsin China India Malaysia and the Philippines Industrial and Labor Relations Review55(3) 387ndash412

Friedman E D 2014a Insurgency trap Labor politics in postsocialist China Ithaca NYCornell University Press

Friedman E D 2014b Economic development and sectoral unions in China Industrial andLabor Relations Review 67(2) 481ndash503

Friedmand E D amp Kuruvilla S 2015 Experimentation and decentralization in Chinese industrialrelations Human Relations 68(2) 181ndash195

Friedman E amp Lee C K 2010 Remaking the world of Chinese labour A 30-year retrospectiveBritish Journal of Industrial Relations 48(3) 507ndash533

Ccopy 2016 The International Association for Chinese Management Research

Labor Unrest and Collective Bargaining 185

Gallagher M E 2005 Contagious capitalism Globalization and the politics of labor inChina Princeton Princeton University Press

Gallagher M E 2010 lsquoWe are not machinesrsquo Teen spirit on Chinarsquos shopfloor China Beat [Cited31 March 2015] Available from URL httpwwwthechinabeatorgp=2538

Gallagher M E amp Dong B 2011 Legislating harmony Labor law reform in contemporaryChina In S Kuruvilla C K Lee amp M E Gallagher (Eds) From iron rice bowl toinformalization Markets workers and the state in a changing China Ch3 IthacaNY Cornell University Press

Gallagher M E 2014 Chinarsquos workers movement and the end of the rapid-growth era Daedalus143(2) 81ndash95

Gould W B 1984 Japanrsquos reshaping of American labor law Cambridge MA MIT PressHashimoto M 1991 The industrial relations system in Japan An interpretation and policy

implications Managerial and Decision Economics 12 147ndash157Howell J A 2006 Reflections on the Chinese state Development and Change 37 273ndash

297Howell J A 2008 All-China Federation of Trades Unions beyond reform The slow march of direct

elections The China Quarterly 196 845ndash863Hu Y 2011 Shenme shi jiti hetong lsquoCaihong Jihuarsquo (What is the collective contract lsquoRainbow Planrsquo)

[Cited 14 September 2013] Available from URL httpwwwhaishang-lawcomArticlezhuanyeyanjiulaodongjiufen2011046155html

Hui E S I 2011 Understanding labour activism The Honda workersrsquo strike In C Scherrer (Ed)Chinarsquos labor questions Ch3 Munchen Mering Germang Rainer Hampp

Hui E S I amp Chan C K C 2014 Beyond the union-centered approach A critical evaluation ofrecent trade union elections in China British Journal of Industrial Relations

Katz H amp Darbishire O 2002 Converging divergences Worldwide changes inemployment systems Ithaca NY Cornell University Press

Katz H C Kochan T A amp Colvin A J S 2014 Labor relations in a global world Anintroduction focused on emerging countries Ithaca NY Cornell University Press

Lee C H 2011 Between the hierarchy and market Emerging mezzo-corporatistindustrial relations in China Unpublished manuscript

Lee C K 2007 Against the law Labor protests in Chinarsquos Rustbelt and Sunbelt BerkeleyUniversity of California Press

Liu M 2010 Union organizing in China Still a monolithic labor movement Industrial andLabor Relations Review 64(1) 30ndash52

Luo S 2011 Collective contracts but no collective bargaining In C Scherrer (Ed) Chinarsquos laborquestions Ch3 Munchen Mering Germang Rainer Hampp

Luthje B 2012 Diverging trajectories Economic rebalancing and labor policiesin China East-West Center Working Paper No 23 [Cited 31 March 2015] Avail-able from URL httpwwweastwestcenterorgpublicationsdiverging-trajectories-economic-rebalancing-and-labor-policies-china

Luthje B Luo S amp Zhang H 2013 Beyond the Iron Rice Bowl Regimes of productionand industrial relations in China Frankfurt amp New York Campus

McAdam D 1999 Political process and the development of Black Insurgency 1930ndash19702nd ed Chicago and London The University of Chicago Press

McDermott E P 2010 Industrial relations in China Ball of Confusion In K Townsend ampA Wilkinson (Eds) Research handbook on work and employment relations Ch16United Kingdom Edward Elgar Publishing

Meng Q 2012 Tanpan youxi zhong de lsquoshuoherenrsquo Yi DLDA qu wei li (The lsquomediatorrsquo in thebargaining game A case of DLDA) Qinghua Shehuixue Pinglun (Tsinghua SociologicalReview) 6 206ndash222

Meng Q Lu J Lei X Wang R amp Chang C 2011 2010 Zhongguo bagongchaodiaocha yu fenxi baogao (Report on the 2010 strike wave in China) Unpublishedmanuscript

OECD 2013 Protecting jobs enhancing flexibility A new look at employment protectionlegislation In OECD Employment Outlook Ch2 [Cited 31 March 2015] Available from URLhttpdxdoiorg101787empl_outlook-2013-en

Oi J 1995 The role of the local state in Chinarsquos transitional Economy The China Quarterly 1441132ndash1149

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186 S Kuruvilla and H Zhang

Peng M amp Du Q 2010 Quanzong guli tansuo gonghui zhuxi zhixuan (The ACFTUencourages direct elections of union chairs) [Cited 14 September 2013] Available fromURL httpepaperoeeeecomAhtml2010-0911content_1175401htm

Pan P P 2009 Out of Maorsquos shadow The struggle for the soul of a new China New YorkSimon amp Schuster

Rapoza K 2011 In coastal China a labor shortage Forbes [Cited 31 March2015] Available from URL httpwwwforbescomsiteskenrapoza20111220in-coastal-china-a-labor-shortage

Silver B J amp Zhang L 2009 China as an emerging epicenter of world labor unrest In H-F Hung(Ed) China and the transformation of global capitalism Baltimore Johns HopkinsUniversity Press

Stockmann D amp Gallagher M E 2011 Remote control How the media sustain authoritarian rulein China Comparative Political Studies 44(4) 436ndash467

Taylor B Chang K amp Li Q 2003 Industrial relations in China Cheltenham Edward ElgarTaylor B amp Li Q 2007 Is the ACFTU a union and does it matter Journal of Industrial

Relations 49(5) 701ndash715Taylor B amp Li Q 2010 Chinarsquos creative approach to lsquounionrsquo organizing Labor History 51(3)

411ndash428Tarrow S 1998 Power in movement Social movements and contentious politics New

York Cambridge University PressThe China Post 2012 China eyes 13 minimum wage rise in 5 years [Cited 31 March

2015] Available from URL httpwwwchinapostcomtwbusinessasia-china20120209331042China-eyeshtm

The Economist 2012 A dangerous year Unrest in China [Cited 31 March 2015] Available fromURL httpwwweconomistcomnode21543477

Unger J 2002 The transformation of rural China Armonk NY M E SharpeUnger J amp Chan A 1995 China corporatism and the East Asian model The Australian Journal

of Chinese Affairs 1995 29ndash53Venn D 2009 Legislation collective bargaining and enforcement Updating the OECD

employment protection indicators [Cited 31 March 2015] Available from URLhttpwwwoecdorgemploymentemp43116624pdf

Wang Z 2012 More workers staying near home China Daily [Cited 31 March 2015] Available fromURL httpwwwchinadailycomcnchina2012-0428content15166329htm

Warner M amp Ng S H 1999 Collective contracts in Chinese enterprises A new brand of collectivebargaining under lsquomarket Socialismrsquo British Journal of Industrial Relations 37(2) 295ndash314

Webb S amp Webb B 1897 Industrial democracy London New York amp Bombay LongmansGreen amp Co

Wen X amp Lin K 2015 Reconstituting industrial relations The experience of Wenling Journalof Contemporary China 24(94) 665ndash683

Wen X 2013 Gonghui zhixuan Guangdong shijian de jingyan yu jiaoxun (Union directelection Lessons from Guangdong) Paper presented at the 6th Annual Congress ofChina Labor Relations Association of the China Human Resource Development AssociationGuangzhou November 2013

Weston T B 2004 The iron man weeps Joblessness and political legitimacy in the Chinese rustbelt In P H Gries amp S Rosen (Eds) State and society in 21st century China Crisiscontention and legitimation 67ndash86 New York RoutledgeCurzon

Wu Q 2012 Jiti xieshang yu guojia zhudao xiade laodong guanxi zhili (Collective negotiationand state-oriented labor relations governance) Shehuixue Yanjiu (Sociological Studies)2012(3) 66ndash89

Xie Y amp Guo Y 2011 Zhongguo shi gongzi jiti xieshang moshi tansuo Wuhan shi canyin hangyegongzi jiti xieshang diaocha (A survey of collective consultation on wages in the catering industryin Wuhan) Zhongguo Laodong Guanxi Xueyuan Xuebao (Journal of China Instituteof Industrial Relations) 25(6) 54ndash58

Xie Y Chen J Chen P amp Xiao Q 2012 Zhongguo hangye gongzi jiti xieshang xiaoguode shizheng fenxi Yi Wuhan canyin hangye weili (An empirical analysis of industrialbargaining outcomes in China An example from the Wuhan restaurant and catering industry)Jingji Shehui Tizhi Bijiao (Comparative Economic and Social Systems) 2012(5)55ndash67

Ccopy 2016 The International Association for Chinese Management Research

Labor Unrest and Collective Bargaining 187

Xu X 2005 lsquoZiran zhuangtairsquo de gongzi jiti xieshang Zhongguo nanfang mouzhen yangmaoshanhangye gongzi jiti xieshang (Collective consultation and discussion on the wages under thelsquonatural conditionrsquo) Tianjin Gonghui Guanli Ganbu Xueyuan Xuebao (Journal ofTianjin Trade Union Administratorsrsquo College) 13(3) 29ndash32

Zhang H 2014 Informality in Chinarsquos collective bargaining Unpublished Masters thesisCornell University Ithaca NY

Zhang J amp Shi Y 2012 Guanyu hangye jiti xieshang qingkuang de diaocha baogao (Survey onindustrial collective negotiation) Zhongguo Laodong Guanxi Xueyuan Xuebao (Journalof China Institute of Industrial Relations) 26(4) 51ndash57

Sarosh Kuruvilla (sck4cornelledu) is Professor of Industrial RelationsAsian Studies and Public Affairs at Cornell University and Visiting Professor atthe London School of Economics His research focuses on the linkage betweeneconomic development strategies and labor and human resources policies Hehas published numerous articles and 3 books on various aspects of labor relationsin Asia He is currently researching collective bargaining in ChinaHao Zhang (hz256cornelledu) is a PhD student at Cornell UniversityrsquosSchool of Industrial and Labor Relations His primary research focus is laborand employment relations with special attention to China And he has ongoinginterests in globalization development political economy skill formationproduction and work

Manuscript received September 18 2014Final version accepted September 28 2015 (number of revisions ndash 2)Accepted by Editor-in-Chief Arie Lewin

Ccopy 2016 The International Association for Chinese Management Research

  • INTRODUCTION
  • THEORETICAL PERSPECTIVES
    • Worker Militancy
    • State Promotion of Collective Bargaining
    • Variations in Collective Bargaining
    • The Future of Collective Bargaining
      • METHODOLOGY
      • RESULTS
        • Strikes
        • Collective Bargaining
        • Emerging Variation Varieties of Collective Bargaining in China
          • DISCUSSION
            • Moving across Quadrants The Future of Collective Bargaining and The Roles of Unions and Employers
              • CONCLUSION
              • NOTES
              • REFERENCES

Management and Organization Review 121 March 2016 159ndash187doi 101017mor20162

Labor Unrest and Incipient Collective Bargaining inChina

Sarosh Kuruvilla and Hao ZhangCornell University USA

ABSTRACT In this paper we argue that both labor unrest and collective bargaining areincreasing in China Using McAdamrsquos political process theory we argue that Chineseworkers are striking more and offensively in support of their economic demands Weidentify the statersquos interests in promoting collective bargaining and through an analysis ofunion and employersrsquo organizations attempt to predict the future trajectory of collectivebargaining in China Using new data about strikes we confirm our argument that strikesin China are increasing Based on very limited past and current research we create ataxonomy of baseline collective bargaining in China against which future developmentscan be compared

KEYWORDS collective bargaining employment relations strikes

INTRODUCTION

As is now increasingly apparent labor unrest in China has been rising steadilyand especially since 2008 Newspapers increasingly report stories about strikesespecially after the strike at a Honda parts supplier in June 2010 which triggered awave of similar strikes The available evidence suggests that labor unrest is growingand that the bargaining power of Chinese workers has been strengthened by positivelabor market conditions (a labor shortage) and protective labor legislation (a seriesof laws commencing with the Labor Contract Law) Silver and Zhang (2009 174)suggest that China is lsquoan emerging epicenter of world labor unrestrsquo

In response the Chinese government is encouraging the institution of collectivebargaining In this sense the statersquos actions are consistent with those of stateselsewhere (although its motivations may be varied) In every major industrialsociety an outbreak of strikes and labor unrest led to legislation establishingcollective bargaining as the key methodology to deal with this issue althoughthe institutional landscape surrounding collective bargaining differs significantlyacross different countries However the Chinese approach to collective bargaining

Corresponding author Sarosh Kuruvilla (sck4cornelledu)

Ccopy 2016 The International Association for Chinese Management Research

160 S Kuruvilla and H Zhang

differs substantially from those in the West in two significant respects ie whilemost collective bargaining regimes in most countries are based on the principle ofFreedom of Association where workers can belong to unions of their own choosingin China all workers have to belong to one lsquoofficialrsquo union federation the All ChinaFederation of Trade Unions (ACFTU) And in contrast to other countries thereis no positive right to strike in China Despite these crucial differences howevercollective bargaining appears to be growing rapidly in China

Whether collective bargaining will solve the problem of industrial conflict inChina depends on the extent to which it is institutionalized ie the extent to whichthree actors employers the ACFTU and workers begin to use it effectively Thepurpose of this paper is to attempt to predict the future of collective bargainingin China based on theoretical perspectives and the limited empirical evidence wehave thus far We will address the following questions Why is labor unrest in Chinaincreasing after 2008 Why is the Chinese state encouraging the development ofcollective bargaining How is collective bargaining developing in China and whatmight be its future trajectory We draw on admittedly scant empirical evidencefrom our own prior and on-going research to answer these questions

Our paper suffers from several limitations which readers should take into accountwhile evaluating the paperrsquos conclusions First there is a problem with empiricalevidence with regard to collective bargaining in China It is a relatively recentdevelopment having acquired the force of law only in 2008 There is no traditionof scholarship on collective bargaining within China hence there are very fewstudies It is not a popular subject amongst Chinese management scholars (orChina-based scholars in general) in part because it is a politically sensitive topic Itis not taught in the premier Chinese business schools Hence it is no surprise that ofthe hundreds of papers presented at the IACMR conference (the premier Chinesemanagement conference) on organizations and human resource management thispaper was the only one that dealt with the subject of Chinese labor relations a keyhuman resource issue for Chinarsquos development

Second we rely on existing research on collective bargaining which is basedon case studies While generalizing from case studies is fraught with problems asEisenhardt (1989) has indicated case studies can be revealing about processes(collective bargaining is a new process in China) which is what is needed tobuild theory and predict future trends We attempt to do so via our taxonomy ofcollective bargaining in China but we do note that it is based on limited empiricalevidence

Third readers must keep in mind that we are dealing with a sensitive politicalsubject The success of collective bargaining in solving industrial conflict dependsheavily on its successful institutionalization That in turn depends on the extentto which Chinese labor unions have the freedom to be legitimate representatives ofemployees For them to do so leaders of unions must be chosen by the employeeswhich is not the case currently Yet as we speculate in later sections of the paper it ispossible that the Chinese Communist Party (CCP) may find ways to increase trade

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Labor Unrest and Collective Bargaining 161

Structural and Political Opportunities

Cognitive Cues

Cognitive Liberation

Mobilizing Structures

Collective Action

Labor Shortages

News Labor Laws and Policies

NewProactive

lsquoBread and Butterrsquo

Demands

Mafia

NGOs

Native-Place Assns

Variety of Tactics

Media

Coverage

RecruitmentPatternsHigher Wages

Figure 1 A lsquopolitical processrsquo model of Chinese labor activism (based on) McAdam (1999)

union independence from the party in order to increase its own legitimacy Thatis not the case currently If anything the CCP is tending toward greater controlrather than less Therefore while we speculate in the paper with regard to theStatersquos interest we do not have a basis to make strong predictions with regard tothe statesrsquo future policies with regard to both unions and collective bargaining

THEORETICAL PERSPECTIVES

Worker Militancy

The first key question raised in this paper is with regard to why labor conflictmeasured in terms of the number of strikes is increasing in China since 2008Prior research has suggested that strikes are limited in number (although estimatesvary) and there is variation in worker militancy based on the nature of workers(whether migrants or SOE) regional differences ownership differences and thedegree of state suppression of strikes The literature also suggests that most strikesare lsquodefensiversquo in nature trying to protect existing rights and benefits (see Lee 2007Luthje 2012 Pan 2009 Weston 2004) In this paper we argue that strikes todayare very different In our current and ongoing work we rely on McAdamrsquos (1999)lsquopolitical processrsquo model (see Figure 1) to explain the rising militancy of Chineseworkers For McAdamrsquos framework to be applicable to the Chinese labor contextwe would expect certain factors to be present First economic and political factorsthat influence workersrsquo bargaining power should exist And second workers shouldexperience lsquocognitive cuesrsquo

The key economic condition is that since early 2009 China has developed a laborshortage on its coasts and increasingly elsewhere (see for example Rapoza 2011)Gallagher (2011) links the increase in labor militancy and bargaining power tothe shortage of workers and argues that these shortages are a function of threeissues the decline in the working population as a consequence of the one childpolicy policy changes in agriculture (sharp cuts to the taxes paid by farmers andstimulus-driven increases in rural infrastructure) that are raising the lsquoopportunity

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162 S Kuruvilla and H Zhang

costsrsquo of working on the coast and reducing migration to the cities thus deprivingthem of workers and finally institutional discrimination against migrants as a resultof the hukou system Clearly rural workers are increasingly staying at home A pollof 200000 migrant workers in 2011 found that more chose to work in their homeprovinces than chose to go elsewhere (Wang 2012) Capital is moving away fromsoutheastern export processing zones like the Pearl River Delta Chongqing forinstance lsquofor the first time employed more of its surplus rural workforce locallythan it sent to other areasrsquo in 2011 (The Economist 2012) Whether permanentor temporary the shortage has served to increase labor militancy and bargainingpower reflected particularly in increasing demands for wages

The key political factor has been the statersquos policy regarding worker protectionand collective bargaining as well as the new media openness (at least until 2013)which serve to further increase the bargaining power of workers In 2008 thestate embarked on a lsquolegislative onslaughtrsquo enacting a range of pro-labor pieces oflegislation including the lsquoLabor Contract Lawrsquo lsquoEmployment Promotion Lawrsquo andthe lsquoLabor Dispute Mediation and Arbitration Lawrsquo And in 2012 new nationallsquoRegulations on Consultation and Mediation for Labor Disputes in Enterprisesrsquowent into effect These reforms essentially introduced stronger protections forworkers (Friedman amp Lee 2010 McDermott 2010) Elfstrom and Kuruvilla (2014460) note that these laws taken together lsquoamount to an official acknowledgmentof the massive scale of worker unrest as well as a new interest in containingconflict through providing it with legitimate channels not attempting to eliminateit entirelyrsquo Thus it could be argued that Chinarsquos lsquopolitical opportunity structurersquofor workers (Tarrow 1998) has also shifted

In terms of lsquocognitive cuesrsquo workers experienced these changes in many differentways As Elfstrom and Kuruvilla (2014 460) note lsquoCompaniesrsquo efforts to lsquoreverse-marketrsquo themselves as ldquopreferred employersrdquo by actively recruiting in working classneighborhoods (rather than waiting for workers to line up at factory doors desperatefor work) by building better dormitories by publishing factory magazines and byforming ldquotask forcesrdquo of employee representatives may be received by workingpeople as powerful ldquocuesrdquo that the balance of power has shifted and that they(workers) hold greater leverage over capital than a decade agorsquo Rising earningsmay send similar signals Wage hikes in recent years have been dramatic Migrantsrsquoaverage monthly salaries increased by 212 percent in 2011 over the year before thegovernment has decreed that lsquothe average growth of Chinarsquos minimum wages shouldbe at least 13 percentrsquo through 2015 and should constitute lsquo40 percent of averagelocal salariesrsquo (The China Post 2012) A series of strikes at auto parts suppliers anda rash of suicides (and subsequently investigative reports) in a Foxconn factory inShenzhen have led to high wage increases exceeding 20 at Honda plants Equallyimportantly media coverage of new labor laws like those noted above and greaterreporting on strikes may provide lsquocuesrsquo that more activism is tolerated by authoritiesThe Labor Contract Law was the subject of widespread domestic media reportsfocusing on individual cases of workers who successfully used the law lsquoas a weaponrsquo

Ccopy 2016 The International Association for Chinese Management Research

Labor Unrest and Collective Bargaining 163

Stockmann and Gallagher (2011) note that by telling lsquogrittyrsquo stories of mistreatmentand eventual redemption via arbitration and court Chinese state newspapers bothattract readers (serving the needs of an increasingly commercialized press) andaccording to surveys conducted by Stockmann and Gallagher increase trust in theefficacy of legal activism

Importantly the state has allowed more open discussion of industrial strife Theyear 2008 marked the rollout of what has been dubbed Chinarsquos lsquoControl 20rsquoapproach to media and public opinion Communist Party Secretary Hu Jintao calledfor lsquoreleasing authoritative information at the earliest moment raising timelinessincreasing transparency and firmly grasping the initiative in news propagandaworkrsquo (Bandurski 2008 1) However strikes and other worker lsquomass incidentsrsquohave since received increased coverage albeit with a Party-approved slant This hasmeant that workers hear more about other workersrsquo activism than ever before AsElfstrom and Kuruvillarsquos (2014) qualitative interviews suggest lsquoThe Honda strike in

particular gave workers a new momentum It awakened themrsquo and lsquoThe Honda strike had a

big impact on workersrsquo opinions because of the media attention given to the strike Similar strikes

occurred in the past but without the same attentionrsquoWe would therefore expect lsquocognitive liberationrsquo to take place workers should

demand higher wages more attention to the details of working life and wouldstrike if their demands were not met We would expect both quantitative shift interms of an increasing number of strikes and we would expect pro-active strikesfor a variety of instrumental reasons We would expect more strikes in all regionsof China in contrast to regional differences identified in prior research

State Promotion of Collective Bargaining

The Chinese government has since 2008 embarked on a coordinated effort toincrease collective bargaining It has done so via three separate initiatives a changein the role of the Ministry of Human Resources and Social Security (MOHRSS) theinclusion of provisions for collective contract negotiations in the new labor laws ofthe 2007ndash2010 period (discussed above)[1] and most importantly the instructionsof the ACFTU to increase union organizing and collective bargaining coverageacross the country The primary change in the role of the MOHRSS has beento make it more responsible for the growth of collective bargaining The LaborContract Law contains six articles about collective contracts stipulating the contentof collective bargaining and the right to ratify a collective bargaining agreementof the workersrsquo congress And two articles focus specifically on the establishmentof relatively centralized ndash regional and industry level ndash bargaining Finally thestate and the ACFTU articulated the lsquoRainbow Planrsquo (2008) to introduce collectivebargaining in enterprises Specific targets were established ie collective contractsshould be generally established in enterprises above a designated size[2] in EastChina by 2009 in Central China by the end of 2010 and in the whole country bythe end of 2012 Meanwhile they continued to encourage (without specific targets)

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164 S Kuruvilla and H Zhang

industry-wide or regional agreements to cover those nonunionized or small tomedium-sized enterprises (Hu 2011) What explains the statersquos interests in doing so

We do not yet have a coherent theory of the Chinese statersquos interests In facta variety of concepts can be found in the literature to characterize the Chinesestate and will not be repeated here (see Howell 2006 for a comprehensivereview) Howell (2006 274) suggests that the proliferation of terms to describethe Chinese state (development state entrepreneurial state the corporatist statethe dual developmental state the market facilitating state) by authors such asBlecher (1991) Blecher and Shue (1996) and Oi (1995) masks a lsquodeeper processof state fragmentation that fosters contradictory and complex patterns of statebehaviorrsquo Howell (2006 275) suggests that to understand the Chinese state todaywe must recognize that the state lies between various categories displaying lsquoelementsof efficiency and inefficiency of control and chaos of relative autonomy andclientelism of neoliberalism and neocorporatismrsquo This conception of the Chinesestate allows it to be best understood as lsquopolymorphous assuming multiple complexforms and behaviours across time and spacersquo (Howell 2006 276) and provides uswith a better understanding of state interests in developing collective bargaining

One explanation for the statersquos action to increase collective bargaining drawsprimarily on the basic and long established institutional theory about industrialconflict and collective bargaining developed by the Webbs in their influential workIndustrial Democracy (1897) The Webbsrsquo solution to labor conflict (consisting of lsquothedevice of the common rulersquo [basic minimum standards legislation] on the one handand on the other hand collective bargaining to equalize power between labor andmanagement) has been the basis for most approaches states the world over havetaken to reduce industrial conflict under what Frenkel and Kuruvilla (2002) term lsquoalogic of labor peacersquo The Chinese governmentrsquos response in encouraging collectivebargaining is in many ways consistent with this explanation in that it has enactedminimum standards legislation and is increasing collective bargaining coverage butit is doing so in ways that do not result in the formation of free labor unions iethe state here is corporatist and neoliberal at the same time

An alternative perspective is that the statersquos labor policy is based on lsquodecentralizedlegal authoritarianismrsquo (Friedman amp Lee 2010) which suggests a great emphasison legal system building (Gallagher 2005) in order to steer the reform of the socialgovernance system in general and the labor relations system in particular towardsan authoritarian lsquorule by lawrsquo system (Friedman amp Lee 2010) This explains themany legislations increasing labor protection during the 2007ndash2010 period with theresult that OECD has ranked the strictness of employment protection in Chineselabor and employment laws as among the highest in major countries (OECD 2013Venn 2009) This also explains why the state has encouraged legal mobilizationand seeks to channel labor conflict into the judicial and semi-judicial system(Gallagher amp Dong 2011 Lee 2007) in part to maintain political control Giventhat labor peace (ie no strikes) can be achieved by strong protective legislation onminimum standards as well as effective dispute resolution mechanisms the statersquos

Ccopy 2016 The International Association for Chinese Management Research

Labor Unrest and Collective Bargaining 165

encouragement of collective bargaining (an essentially democratic concept whichimplies some amount of independent agency on the part of workers) which mightresult in collective activity that might threaten the regime remains puzzling

Yet another explanation for the statersquos encouragement of collective bargainingcan be found in the conception of the lsquodevelopmentalrsquo state As Friedman andKuruvilla (2015) note at the firm level high rates of labor turnover and severe laborshortages have come to be one of the key limits to future growth The inability toretain a stable workforce has pushed employers in the industrial centers in coastalareas to look elsewhere Cai (2007) has suggested that China may be at the lsquoLewisianturning pointrsquo when labor scarcity begins to shift the economy away from laborintensive input-driven growth to enhanced productivity declining inequality andgreater domestic consumption On the other hand Chan (2010) argues that thecountry has not yet reached a Lewisian turning point but is instead experiencinga series of shorter-term mismatches of ages skills and demand However at thenational level the state has espoused the goal of lsquoeconomic rebalancingrsquo makinghousehold consumption rather than state-driven investment the key engine foreconomic growth an important consideration to avoid the lsquomiddle income traprsquothat the World Bank has predicted that China will reach in 2030 In 2010 Chinarsquoshousehold consumption as a share of GDP was only 38 while similar figures forBrazil Germany India and the USA are higher than 60

The state has already acted At the 2013 plenum the CCP outlined a planto increase the role of markets in resource allocation by 2018 along with arange of policies that loosen various institutional interdependencies granting moreautonomy to local governments but at the same time making the judiciary lessdependent on local governments Economic rebalancing calls for industrial policiesthat stimulate domestic demands and strengthen citizensrsquo purchasing power andmarket-oriented institutions to have wages increased in tandem with industrial andeconomic growth Wage growth is particularly important and here we find analternative explanation for the statersquos encouragement of collective bargaining TheCCPrsquos 17th National Congress (2007) laid out the general target of establishingmechanisms for regular wage increases in enterprises First in 2008 and then againin 2014 collective bargaining was written into the central governmentrsquos work reportto the Peoplersquos Congress where the government announced the establishmentof mechanisms for regular wage increases in enterprises to deepen the reformof the income distribution system Encouraging the ACFTU to establish collectivebargaining in every establishment can be seen as one way to satisfy the statersquos interestto increase wages and move the economy into higher value added productivity basedgrowth

A different basis for the statersquos promotion of collective bargaining lies in its role asa regulator enacting policies consistent with the vision of a lsquoharmoniousrsquo society anoverarching concept adopted by the CCP during the Hu Jin Tao regime The statehas a keen interest under this conception in limiting the growth in inequality Inthe 30 years since economic reform began China has gone from being the worldrsquos

Ccopy 2016 The International Association for Chinese Management Research

166 S Kuruvilla and H Zhang

most equal large economy with a gini coefficient of approximately 026 in 1979 toamongst the most unequal large economies (with a gini coefficient of 047 in 2012)The widening income inequality is seen as a potential threat to political stability (agini coefficient of 040 is seen as the lsquosecurity linersquo) Again a variety of actions in thelabor arena can be seen as inequality reduction mechanisms notably the plethoraof laws that promote equal pay and move workers from the informal sphere tothe formal sphere Collective bargaining and especially industry wide collectivebargaining is one way to standardize wages and benefits within industries

Variations in Collective Bargaining

Although the central state promotes collective bargaining using uniformmechanisms at the national level there is significant variation in the developmentof collective bargaining mechanisms rules and in institutionalization across ChinaWhat might explain this variation In most countries variations in collectivebargaining processes can be linked to differences in bargaining structure (whichin turn depends on the structure of unions and employers) as well as differentregulations across states or regions (see Katz amp Darbishire 2002) The state inChina through its Labor Contract Law has promoted some variation in that itsupports both collective bargaining at the firm level as well as collective bargainingat the industry level (articles 53 and 54) Friedman and Kuruvilla (2015) argue thatChina is taking an experimental gradualist and decentralized approach to theintroduction of collective bargaining and to labor relations reform They suggestthat there are a number of ways in which the central state promotes or allows localexperimentation One the one hand the ACFTU has consciously undermined thepower of the nationally organized industrial unions in favor of regionally basedfederations to prevent them from developing potentially an independent base ofpolitical power Hence much of the experimentation we see is at the enterprise levelBut we must remember that provincial and local governments also have interestsAnd local governments play a major role in promoting collective negotiationsFor instance Friedman and Kuruvilla (2015) note that the Binhai new district inTianjin provides firms with a subsidy equal to 15 of the total increase in wage billthat comes about through collective bargaining Clearly the local government hasinterests in raising wages and wants to incentivize firms to use collective bargainingregularly Other local governments encourage collective bargaining because it mayprevent strikes and the general instability that ensues as a result of public protestsSeveral provinces have enacted detailed regulations that go above and beyond thenational regulations with regard to collective bargaining Recently Guangdongprovince enacted bargaining regulations taking effect in January 2015 which notonly provide for employer obligation to bargain but even more far reaching allowthe direct election of worker representatives by workers The point here is that wewould expect to see considerable variation in collective bargaining based on theinterests of different provincial and municipal governments But these variations are

Ccopy 2016 The International Association for Chinese Management Research

Labor Unrest and Collective Bargaining 167

tolerated and in fact encouraged by the central state and as argued by Friedmanand Kuruvilla (2015) consistent with the statersquos approaches in other arenas Forinstance the state has allowed a variety of experimentations with market reform todevelop in the provinces which has resulted in experiments with decollectivizationof land (Unger 2002) If regions proved successful their models could be promotedthroughout the country We argue that the state is taking a similar approachwith regard to collective bargaining In part given the differences in employmentstructure ownership industry workforce composition across regions provincesand cities a differentiated approach is necessary However the statersquos toleranceof diversity coexists with a key requirement that independent forms of workerorganization are banned

In sum we suggest that the central and local states promote collective bargainingfor a variety of different interests and that we should expect to see a variation incollective bargaining arrangements across different provinces and regions HenceHowellrsquos conception of the Chinese state as a polymorphous one is best suited to theanalysis of its motivations for promoting collective bargaining In order to predictthe future direction of collective bargaining we then turn to an analysis of Chineseunions and employers

The Future of Collective Bargaining

As noted earlier the future of collective bargaining depends heavily on the degreeto which it is institutionalized which in turn depends on the ability and willingnessof employers and trade unions to adopt the process At the moment we arguethat it is at an incipient stage The state has established the basic framework via itsTripartite Conference on the Coordination of Labor Relations (xietiao laodong guanxi

sanfang huiyi) involving the labor ministry the ACFTU and the China EnterpriseConfederation-China Enterprise Directorsrsquo Association (CEC-CEDA) ndash a semi-official employer association in China in 2001 (Brown 2006) The tripartite systemwas strengthened in February 2005 when the lsquoCircular on Further Advancingthe Collective Wage Negotiationrsquo was published by the three parties requiring allbranches of the three parties at different levels to collaboratively work together toincrease collective bargaining The statersquos lsquolegislative onslaughtrsquo in 20078 for thefirst time created a legal basis for collective bargaining And finally the state hasinstructed the ACFTU to organize workplaces and establish collective bargainingin all workplaces articulated now through the lsquorainbowrsquo plan

Since the primary engine for collective bargaining growth apparently rests onthe ACFTU it is useful to theoretically examine its evolution The key questionhere is whether the ACFTU can effectively represent Chinese workers in collectivenegotiations There are two primary lines of debate and argument with regardto the role of the ACFTU The first concerns the ACFTUrsquos identity whether it isfunctioning in largely path dependent ways and has not yet made the transition toa new role in a market based society The second is that the ACFTU suffers from

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168 S Kuruvilla and H Zhang

a crisis of legitimacy in that most workers do not trust the union or see it as effectiveWe discuss each in turn below

With regard to whether the role of the ACFTU has transformed Chen hasargued that the ACFTU remains stuck to its lsquodouble institutionalrsquo identity as bothan apparatus of the state (acting on behalf of the nationrsquos collective good) and asa labor organization to protect workersrsquo interests (Chen 2003) In the old systemChen argues that the ACFTU did not quite experience tensions between its tworoles largely because its representation function was lsquoactually absorbed by thestatersquo given that its paternalistic labor regime under the lsquoiron rice bowlrsquo system ofemployment guaranteed workers economic interests such as work pay health careand social security But under a market based system it is increasingly experiencingthese tensions especially as industrial disputes and worker militancy increase

Yet the extent to which the ACFTU has evolved in a more representativedirection remains contested Chan (Chan 1993 Unger amp Chan 1995) argues thatthe ACFTU played an effective corporatist role in the socialist period but is likelyto continue this in the market era because the statersquos needs to effectively bridge thegap between the grassroots and the state in the market economy has created spacefor the ACFTU among other such organizations to incorporate worker voice intothe bureaucratic system of the state Chan (1993) predicted that the ACFTU wouldtransform from its state corporatist role to that of a more societal corporatist rolethat features lsquoa coalescing of horizontal interests from the bottom upwardrsquo

However Friedman (2014a) does not see a promising corporatist future for theACFTU for three reasons First corporatism requires that workersrsquo voices aresuccessfully incorporated into the system while the ACFTU does not incorporateworkers voices Second corporatism requires that workers give up political demandsin exchange for economic benefits and therefore implies a relatively de-commodifiedmodel of social governance whereas in China workers clearly do not enjoysufficiently such benefits Third however co-opted a union under corporatismis it is a somewhat independent intermediary organization between the grassrootsand the state while the ACFTU is clearly part of the state apparatus with no suchindependence

That being said clearly there is some transition to a more representative roleof the ACFTU Chen (2003) documents the increasing ways in which unions aretaking up their representative function with regard to individual if not collectivedisputes The ACFTU has carried out reforms and lsquoexperimentsrsquo at both centraland local levels In the arena of organizing unions at all levels have developedvarious models (ie the traditional ACFTU pattern the union association patterand the regional industry-based pattern) to strategically organize workers (Liu2010) Nevertheless the unionsrsquo ability to effectively represent workers is limitedon the one hand by their subjective position with regard to the employer and onthe other because union leadership cadres see union organizing as a bureaucraticexercise to meet the targets suggested by the state rather than a strategic one (Liu2010 Taylor amp Li 2010)

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Labor Unrest and Collective Bargaining 169

Chen (2003) suggests that there is a natural limit to the ACFTUrsquos ability tobe an independent representative agent ie the state will not loosen its controlover the unions because of lsquosolidarity phobiarsquo (eg the Polish experience) wherebymore independent unionism is seen as subversive and threatening to the regimeas well as being threatening to the role of the state as a lsquodevelopmentalrsquo stateTherefore we expect that the state will continue protecting the ACFTU monopolyon worker representation ndash a condition that Friedman (2014a) called lsquoappropriatedrepresentationrsquo whereby the ACFTU may be able to promote collective bargainingusing its unique political position at the national level whereas workplace unionswill remain weak and illegitimate

The crisis of legitimacy of the ACFTU has been well documented by severalauthors (Howell 2008 Taylor amp Li 2007) The key argument here is that Chineseworkers do not trust the ACFTU to adequately represent them and in fact inmany workplaces where the ACFTU is present the workers do not even know thatthey have representation The ACFTU is seen as largely apathetic willing to allowmanagement to exercise control (this explains the phenomena of lsquodual postingrsquowhere the companyrsquos human resource manager is allowed by the ACFTU officialsto act as lsquounion leaderrsquo) Friedman (2014a) suggests that official unions have beenunable to win recognition from workers and therefore wildcat strikes and otherforms of representation continue to be the most effective means of addressingworker grievances There have been recent experiments regarding direct unionelections which would arguably lead to more representative unions and hencemore legitimate ones but there is a lack of sufficient worker involvement in theseexperiments (Chan 2009 Howell 2008) with a notable exception of electionsinitiated by workers via spontaneous strikes (Hui amp Chan 2014)

Given that unions have an identity crisis as well as a crisis of legitimacy the keyhypotheses that we can advance is that unions will be unable to effectively representworkers in collective bargaining and are more likely to see collective bargaining asa bureaucratic exercise just as they view union organizing Collective agreementsthen are more likely to be formalistic exercises that primarily re-state the basicconditions under the laws and less likely to advance workersrsquo interests

Like the ACFTU the two national employer associations ndash the CEC-CEDAand the All China Federation of Industry and Commerce (ACFIC) ndash participatein the tripartite framework to promote collective bargaining but both are alsosubordinated to the CCP Our current ongoing research suggests that theseemployer associations are half-hearted partners in promoting collective bargainingLocal employer associations although theoretically have to be affiliated with thetwo big national associations often enjoy more autonomy from the state as well astheir upper levels in decision making than their equivalents on the union side do(Friedman 2014b) This allows them to ignore collective bargaining or when it suitstheir interests to encourage and promote it Given tight labor market conditionsit often suits local employers to engage in some form of regional or industry-wide coordination on wages and working conditions In such cases local employer

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170 S Kuruvilla and H Zhang

associations serve as mechanisms of employersrsquo collective voice while lead firmsare indeed key players But apart from these industry-wide bargaining scenariosemployers tend to shy away from collective bargaining at the firm level except afterstrikes

Given the unionrsquos identity and legitimacy crises and the employersrsquo relative lackof interest in promoting collective bargaining at the firm level we have no basis toexpect that the institution of collective bargaining will fulfill the statersquos objectives inintroducing it as a means of containing labor conflict In what follows we discussour methodology and in our results section we attempt to categorize the variationthat we see in collective bargaining (based on very limited research) in China

METHODOLOGY

In the absence of official data we rely on alternative estimates of strikes of whichtwo sources are available The first is a website run by the China Labour Bulletina Hong Kong based NGO that collects information on worker protests and strikeslargely from news reports in Chinese newspapers but also from dissident blog sitesand through the organizationrsquos radio call in show The second is a website calledChina Strikes (Elfstrom amp Kuruvilla 2014) which also uses newspaper reportsbut also individual lsquotip-offsrsquo through their website While China Strikes has focusedon the period of 2008ndash2012 the China Labour Bulletin reports strikes from 2011onwards For the overlapping years ie 2011ndash2012 both websites have identifiedsimilar numbers of strikes However both sources of data have shortcomings Firstit is possible that both websites under-report the actual number of incidences ofworker protests and strikes since there are many incidences that do not find theirway into newspapers for a variety of reasons Second it is possible that only biggerstrikes that disrupt life outside the factory gates (such as taxi strikes) get reportedin the press And finally the criticism that these two websites may be measuringnews stories rather than real strikes is also not entirely without substance Howeverin the absence of official statistics these are the only sources of data even if theyunderstate by a significant margin the real numbers

With regard to collective bargaining our goal is to use the limited research alreadypublished and our own observations (we are currently engaged in a research projecton collective bargaining that is not yet complete) to create a taxonomy of collectivebargaining in China Given that collective bargaining is a relatively new institutionbut one that is expected to grow in the coming years establishing a taxonomy todaywill be useful as a baseline against which future studies can make comparisonsOur taxonomy uses two concepts to classify current collective bargaining Theseare the degree of centralization (or decentralization) and the degree of authenticityof collective bargaining

Whether bargaining is centralized or decentralized depends on the bargainingstructure ie the level at which bargaining takes place and the employees andemployers it covers (Katz Kochan amp Colvin 2014) In Western European

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Labor Unrest and Collective Bargaining 171

countries a centralized (or multi-employer) bargaining structure is instituted atlevels beyond individual firms usually at the industry or national level wherenegotiations are carried out by national or industrial level organizations of unionsand employers National level agreements are common in Austria and Swedenwhereas industry level agreements are common in Germany Netherlands andBelgium Decentralized bargaining (where agreements are negotiated by companylevel unions and their employers are more common in the US and JapanIn China the labor contract law permits both centralized and decentralizedbargaining although the centralized bargaining it envisages is actually at a moredecentralized level than in other countries Specifically the law limits regionalor industry level collective contracts in construction mining restaurant andother industries to areas below the county level[3] The statersquos rationale for thislimitation is twofold ie the need to resolve issues of employment instability laborshortages strikes high turnover low social security coverage at the county levelwhile at the same time providing an institutional structure to extend collectivebargaining coverage to workers in these difficult to organize industries ndash mostlysmall short-lived and non-unionized businesses In practice local unions oftenare reluctant to establish collective bargaining at above-county levels and regionalauthorities do not encourage this either while the state actively discourages industrywide bargaining structures above the country level Thus we will expect to seemore collective bargaining agreements at the firm level rather than industrylevel

Collective bargaining can also vary based on the degree to which bargaining isauthentic As we have noted earlier there is a clear tendency towards what are calledlsquotemplate agreementsrsquo where management and union sign a formalistic agreementthat simply re-states the minimum conditions of the law and where workers are noteven aware of these agreements These would be inauthentic agreements We definea collective bargaining agreement as authentic if it meets the following conditionswhether unions and employers actually engage in a process of negotiations whetherworkers have input into crafting the demands that the union negotiates on theirbehalf whether those negotiations result in concrete outcomes and whether theprocess is repeated more than once (a sign of institutionalization) As we will showthe majority of collective bargaining agreements tend to be inauthentic Authenticagreements are relatively few and typically they occur after a strike since the strikeby workers needs to be settled and it can only be settled by negotiations

Based on our theoretical discussion with regard to strikes we would expect tosee steadily increasing numbers of strikes offensive in nature all across the countryalong with steadily increasing conflict rates Based on our analysis of the centraland local statesrsquo multiple interests we would expect to see steady growth in thenumber of collective bargaining agreements since 2008 and significant variationFinally based on our analysis of the ACFTU and employersrsquo associations we wouldexpect to see many inauthentic agreements and a preponderance of firm levelbargaining

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172 S Kuruvilla and H Zhang

Table 1 Strikes in China 2008ndashAugust 2014

Year

Number of

strikes

Average number of

strikes per month

2008 47 42009 32 32010 88 72011 233 192012 393 332013 656 552014 (till August) 644 81

(Source The 2008ndash2012 data about China are fromChina Strikes website available from URL httpschinastrikescrowdmapcom The 2013 data aboutChina are from China Labor Bulletin available fromURL httpwwwnumblecomPHPmysqlclbmapehtml)

6 916

0

20

40

60

80

100

120

140

Jan-

08

Jun-

08

Nov

-08

26

Apr-

09

Sep-

09

Feb-

10

Jul-1

0

17

31 3541

Dec-

10

May

-11

Oct

-11

Mar

-12

49

7265

78

64

119

Aug-

12

Jan-

13

Jun-

13

Nov

-13

105

-

Chin

Chin

a Strikes

a Labor Bullen

Figure 2 Monthly strikes in China 2008ndash2014 (Source China Labor Bulletin available fromURL httpwwwnumblecomPHPmysqlclbmapehtml and China Strikes available from URLhttpschinastrikescrowdmapcom)

RESULTS

Strikes

China Strikes reports a total of 793 strikes during the 2008ndash2012 period whilethe China Labour Bulletin indicates a total of 1867 strikes between Jan 2011 andAugust 2014 Table 1 shows counts of strikes after integrating estimates from bothwebsites What is notable is that the average frequency of strikes per month hasbeen increasing steadily Figure 2 graphs this trend[4] Chinese workers appear tobe striking more and longer indicative of their bargaining power

If one assumes as we argued that the Chinese data represents a massiveundercount of reality then clearly China is the lsquostrike capitalrsquo of the world withmore strikes per year than most other countries An alternative way of examiningwhether there is conflict in the system is to look at the number of labor disputes in

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Labor Unrest and Collective Bargaining 173

Table 2 Labor disputes in China (2000ndash2012 every alternative year)

2000 2002 2004 2006 2008 2010 2012

Annual Average

Growth Rate

Number of casesaccepted

135206 184116 260471 317162 693465 600865 641202 1385

Number ofworkersinvolved

422617 608396 764981 679312 1214328 815121 882487 633

Number ofcollective labordisputes

8247 11024 19241 13977 21880 9314 7252 minus 107

Number ofworkersinvolved incollective labordisputes

259445 374956 477992 348714 502713 211755 231894 minus 093

Number of casessettled

130688 178744 258678 310780 622719 634041 643292 1420

Number of casessettled bymediation

41877 50925 83400 104435 221284 250131 302552 1791

Number of casessettled byarbitrationlawsuit

54142 77340 110708 141465 274543 266506 268530 1428

Cases mediatedbefore accepted

77342 70840 130321 237283 163997 212937 1066

(Source China Labor Statistical Yearbook 2013)

China As the data in Table 2 suggests the number of labor disputes in China hasalso increased over the last few years

In sum and despite problems with the available data our research suggeststhat Chinese workers are increasingly militant and that the number of strikes inChina seems to be steadily increasing as are other indicators of industrial conflictconsistent with our expectations

Collective Bargaining

The published data show considerable growth in collective bargaining in Chinafrom 2006 onward As is apparent from Table 3 the annual growth rates in thenumber of collective contracts are high nearly 20 per year The number ofenterprises being covered by the contracts has been growing by almost 100 peryear indicating a great expansion of multi-employer ndash industrial and regionalndash contracts as well Clearly therefore the statersquos encouragement of collectivebargaining has been successful in quantitative terms Yet the growth in collectivebargaining does not show an appreciable decline in industrial conflict measuredby strikes or data on industrial disputes At a preliminary level this suggests thatthe statersquos encouragement of collective bargaining as a method of reducing conflict

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174 S Kuruvilla and H Zhang

Table 3 Growth of collective bargaining in China 2005ndash2010

2005 2006 2007 2008 2009 2010

Average Annual

Growth Rate

Number ofcollectivebargainingcontracts onwages

251794 304978 343329 410606 512151 608483 1930

Number ofenterprisescovered

41306 525964 622063 774501 901665 1115874 9334

Staff andworkerscovered bycollectivebargaining

35312320 37145872 39685737 51101198 61776321 75657331 1646

(Source China Trade Union Yearbooks 2006ndash2011)

Table 4 Wage growth in China (2000ndash2013)

Year

Average Yearly

Nominal

Wages (yuan) Growth of Nominal Wages Growth of Real Wages

2000 9333 122 1132001 10834 161 1532002 12373 142 1542003 13969 129 1192004 15920 140 1032005 18200 143 1252006 20856 146 1292007 24721 185 1342008 28898 169 1072009 32244 116 1262010 36539 133 982011 41799 144 862012 46769 119 902013 51483 101 73

(Source China Statistical Yearbook 2014)

and strikes is not successful or to be conservative not successful yet At the sametime data on wages show steady growth (see Table 4) We can draw two differentconclusions from this limited data One is that the key interest of the state wasnot to reduce conflict via the introduction of collective bargaining but to increaseand stabilize wages If this conception of the statersquos interest is correct then itprovides support for the argument that the state is acting in lsquodevelopmentalrsquo waysin encouraging collective bargaining as an instrument to rebalance the economy Analternative explanation is that the state does want to introduce collective bargainingin order to reduce conflict (as has been done in most parts of the world) but thequality of collective bargaining is not very good and hence does not meet that goal

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Labor Unrest and Collective Bargaining 175

FormalisticIneffective AuthenticEffective

Centralization

Decentralization

- Industry-wide Agreements that are ineffective egWuhan Restaurants

- Well established industry wide agreements eg The Wenling Model

- Template Bargaining

- Strike-triggered Bargaining

- State-intervened Bargaining

- Informal Bargaining

- Informal Coordination

- Democratic Grassroots Union Election

- Employer Coordination and state Intervention

Q3 Q4 Q1 Q2

Figure 3 A taxonomy of varieties of collective bargaining in China

If this is true then the policy prescriptions are clearer Below we look more closelyat the nature of collective bargaining

Emerging Variation Varieties of Collective Bargaining in China

Based on the limited available research we classify collective bargaining agreementsbased on how centralized or decentralized and how authentic or inauthentic theyare Recall our key caveat that there is relatively little published research andhence our taxonomy below (see Figure 3) is not based on a representative sampleas it should be However we want to highlight that this is by no means a staticclassification because we also see dynamism where there is movement from onequadrant to another At best this taxonomy should be seen as an initial estimateor baseline against which future research can examine progress over the comingdecade

Quadrant 1 Decentralized inauthentic collective bargaining Perhaps the most commonform of collective bargaining is what we term lsquotemplate bargainingrsquo and what other

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176 S Kuruvilla and H Zhang

researchers have described as lsquocollective contracts without collective bargainingrsquoor lsquopaper contractsrsquo (Chen 2007 Clarke et al 2004 Luo 2011) Typically thelocal government ndash often the labor administration and official union ndash develops atemplate for a collective contract that employers and the local branch of the unionshould sign (jiti hetong fanben) In some cases the template agreement contains blankspaces for wage increases which enterprises can customize to suit their needsUsually a template agreement leaves little room for the parties to bargain overinterest-based issues (Chen 2007) This is the model of collective bargaining mostcommonly followed by the ACFTU which provides its unions with these templateagreements for various regions that employers are requested to sign and whichre-state minimum legal conditions Often employers prepare the contracts andunions simply sign them without engaging in any negotiation (Clarke et al 2004Luo 2011 Taylor Chang amp Li 2003 Wu 2012)

The ACFTU which is targeted with increasing the coverage of collectivebargaining within the country appears more interested in the quantity ofagreements signed (to meet its targets) with relatively little focus on the quality (Wu2012) Some of these template agreements are not even enforced due to weaknessesin the labor inspection regime (Wu 2012) or because the local enterprise unionsalso exist primarily lsquoon paperrsquo having been set up by the ACFTU in collaborationwith the employer often without the workersrsquo knowledge (Liu 2010) Thus thougha large majority of Chinese collective bargaining agreements hew to this type wesee them as being largely inauthentic and the most decentralized given that theyare signed at the enterprise level These have been well documented in existingstudies (Clarke et al 2004 Luo 2011 Taylor et al 2003 Warner amp Ng 1999) sowe shall not expand on them here

Quadrant 2 Decentralized authentic collective bargaining A small but growing number ofcollective bargaining agreements at the firm level can be termed more authenticalthough there is some variation to the extent that they truly encapsulate genuinebargaining There are three different ways in which this type of collective bargainingis happening One and perhaps the most authentic form of collective bargainingis the negotiations that take place after a strike as Elfstrom amp Kuruvilla (2014)suggest The best known case of strike-triggered bargaining is the Honda NanhaiTransmission plantrsquos strike in 2010 that resulted in substantial wage increases forworkers and later also triggered a strike wave in the local and national auto industryleading to substantial wage negotiation in many of those cases as well (Hui 2011)Since a strike when it occurs is frequently settled by negotiations these days (Chang2013) the steady growth in the number of strikes implies growth in more authenticcollective bargaining There is increasing research that suggest that strikes beforeand during the 2010 strike wave were settled via negotiations between provisionallyelected workersrsquo representatives and employers (Chen 2010 Meng 2012 MengLu Lei Wang amp Chang 2011) Some of these strike-based settlements have beenoften facilitated by the mediation of local governments and official unions and

Ccopy 2016 The International Association for Chinese Management Research

Labor Unrest and Collective Bargaining 177

the state in various places has appeared to prefer using this approach rather thansuppressing striking workers (Chang 2013 Gallagher 2014) Chen (2010) refersto these dispute and strike settlement mechanisms as quadripartite bargaininginvolving four actors (the state the ACFTU the employers and the workers)Strikes and post-strike settlements are an important route by which collectivebargaining is becoming institutionalized suggests Meng (2012) in his research onDalian

The second way that authentic bargaining may occur without collective actionby workers is through the direct intervention by the local government Chan andHuirsquos (2014) research on Hondarsquos (Guangzhou) 2011 bargaining round suggeststhat although a union in which workers elected their representatives and collectivebargaining were institutionalized in the firm after the 2010 strike the localgovernment directly intervened in the negotiations during the 2011 bargaininground and encouraged the parties to come to agreement Arguably the localgovernment was interested in avoiding a potential strike We refer to this as authenticbecause it is occurring in a situation where workers choose their own representativesand the local government apparently takes the process seriously However this is amore isolated case

Although much of the prior literature has focused on formal bargaining structuresto make the claim that much of Chinese collective bargaining is inauthentic Zhang(2014) makes a compelling case that we should examine informal processes whichare perhaps just as important as formal structures and constitute the third wayin which bargaining is effective He finds in his study of the auto industry inTianjin that while formal bargaining looks just as formalistic as many other casesmuch of the real negotiation takes place at both enterprise and industry levelsthrough informal processes of coordination and negotiations that have resultedin meaningful outcomes Although there have not been strikes or governmentintervention in the auto-industry bargaining cases in Tianjin that Zhang examineshis research points to the active role of the firm union in ensuring substantialnegotiation Thus there are many different ways in which authentic bargaining iscarried out

Quadrant 3 Centralized and inauthentic collective bargaining A major strategy of theACFTUrsquos Rainbow Plan can be found in its effort to carry out regional and industry-level bargaining seen as necessary to bring employees of small and medium sizedfirms under collective bargaining coverage (Wu 2012) And as noted the ACFTUrsquosefforts are complemented by the state apparatus where key state departmentsoften take the lead in mobilizing employers For instance in the second authorrsquosongoing research he finds that in the case of hospitals in Tianjin the districtunion successfully mobilized the employers by leveraging the district Bureau ofPublic Health (BOPH) ndash a state institution in charge of examining approving andsupervising all local public health affairs ndash to create an industry wide collectivebargaining agreement However it was not clear that workers were aware of the

Ccopy 2016 The International Association for Chinese Management Research

178 S Kuruvilla and H Zhang

agreement nor was it clear that the agreement was enforced Similar efforts arealso identified in Tianjinrsquos construction industry as well as in other regions in Wursquos(2012) research

While we need more cases to draw firmer conclusions thus far what is clear isthat many of these industry-wide agreements are either formalistic or have shownthemselves to be ineffective and not institutionalized Similar to that of decentralizedand formalistic bargaining the reasons for ineffectiveness at this level include theunionrsquos focus on formalistic terms the absence of strict enforcement and oftenworker ignorance of the terms of the agreement or that they were represented bya union (a frequent issue when union representatives are not directly elected) (Wu2012) A classic example here is Friedmanrsquos (2014b) study of sectoral bargainingin Ruirsquoan eyeglass cluster in Zhejiang Province where workers interviewed indeedknew nothing about the industry level contract that covered them Probably thebest-known case of failure of enforcement of collective bargaining can be foundin Wuhan where the local government in a top-down process initiated sectoralnegotiations in 2011 in the restaurant industry Although the sectoral contract hasset wage terms for over 450000 workers from 40000 different establishments in2011 (Xie amp Guo 2011) and has been renegotiated successfully over the last threeyears which has been well covered by mass media recent research (Xie ChenChen amp Xiao 2012) shows that only 569 of employees surveyed were receivingthe wages stipulated in the contract

Despite these issues the ACFTU continues to focus on building collectivebargaining institutions at the industry and regional levels In Guangzhou forinstance the official union has organized the construction industry although nocollective bargaining has been successfully achieved (Friedman 2014b) In additionunion organizing by region has also been identified in areas with clusters of smallbusinesses such as community unions village union associations market unionsoffice building unions and union associations by ownership in development zones(Liu 2010) But we are skeptical of the prospects for institutionalization of collectivebargaining at the regional level given the heterogeneity in industries and firms ina region and given that often workers are not aware of the agreement nor do theyelect their representatives

Quadrant 4 Centralized authentic collective bargaining There are a few instances ofcentralized sectoral bargaining that qualify as authentic Unlike the previousexamples where it was either the local government or the ACFTU that was theprimary engine behind the development of collective bargaining in the case ofWenling the employers were the ones who initiated the project Wenling a town inZhejiang Province contains a knitwear cluster with more than 130 firms employingabout 12000 workers in 2002 In this case employers began spontaneous wagecoordination in an effort to deal with the rising turnover as a result of whatwas an acute labor shortage (Xu 2005) They formed an employer association in2000 and institutionalized wage coordination amongst themselves although not all

Ccopy 2016 The International Association for Chinese Management Research

Labor Unrest and Collective Bargaining 179

employers came on board By 2003 the local government stepped in establishingan industrial union which ultimately signed an industry-wide agreement with theemployer association (Wen amp Lin 2015) That contract has been renegotiated everyyear since and is stable although it overwhelmingly focuses on the piece-rates andnot other working conditions Moreover it is a clear case of relatively authenticcollective bargaining arrangement in terms of how well the contract is enforcedThe second author interviewed workers in the industry in 2013 and found that thepiece-rates that were used to pay them was higher than or equal to those stipulatedin the contract

The Wenling model is being increasingly diffused to other areas In all 15industries ndash including the pump sector in a town named Zeguo (Liu 2010) ndashhave carried out similar bargaining by 2012 covering roughly 6100 enterprisesand 400000 workers (Zhang amp Shi 2012) There are reports of cases developingin other textile and garment (Luthje Luo amp Zhang 2013 269) as well as othermanufacturing clusters (Lee 2011) The commonalities across these lsquosuccessfulcasesrsquo is that they are negotiating about the piece-rate at the industry level andwage coordination was welcomed by small and medium-sized firms in order toreduce turnover in a labor shortage situation Therefore success seems to be in partdetermined by employer interest and readiness for collective bargaining as well

DISCUSSION

Moving across Quadrants The Future of Collective Bargaining andThe Roles of Unions and Employers

While the above taxonomy presents a static picture of the varieties of collectivebargaining in China it is important to incorporate a dynamic element specificallywhat makes it possible to move from inauthentic to more authentic collectivebargaining and how might decentralized bargaining connect with more centralizedstructures to create more worker solidarity

How might we expect movement from inauthentic to more authentic bargainingat the firm level (ie from Quadrant 1 to Quadrant 2) Certainly as discussedearlier strikes could trigger such a movement But there are other ways as wellOne strategy recently adopted in Guangzhou and Shenzhen is the grassroots unionelection (namely direct election for grassroots trade union cadres [gonghui zhixuan])When workers are able to elect their own representatives rather than having unionleaders decided by the regional official union or the enterprise it builds the localunionsrsquo autonomy and independence and is one necessary step for the growth ofauthentic bargaining This focus on direct election is growing For instance theShenzhen Federation of Trade Unions announced in 2012 that 163 enterpriseswith more than 1000 employees would all adopt direct election (Eastmoney 2012)The second authorrsquos interview with a key informant involved in Shenzhenrsquos unionelection revealed that approximately 1000 out of the 30000 enterprise unions

Ccopy 2016 The International Association for Chinese Management Research

180 S Kuruvilla and H Zhang

in Shenzhen had lsquocarried out or reached the level of direct union election (dadao

zhixuan shuiping)rsquo by August 2011 In Guangzhou Peng amp Du (2010) report thatseveral hundred of the over 50000 firm unions had been directly elected by 2010The case of direct union elections in Omron (Shenzhen) has been documented inWen (2013) and Hui amp Chanrsquos (2014) work Yet we need more research to properlyevaluate how these elections are conducted

Although the efficacy of direct union elections has been debated (some argue thatthese elections were manipulated by employers or local officials others questionthe degree to which these will be institutionalized in todayrsquos political climate inChina and some suggest that there is rising opposition to direct elections fromboth employers and the state (Chan 2009 Howell 2008 Wen 2013) the availableevidence (Hui amp Chan 2014 Wen 2013) and more recent first hand evidence fromour research in Guangzhoursquos auto industry suggests that thus far democratic unionelections facilitates collective bargaining with real negotiation between workers andemployers including some conflictual negotiations that result in real rather thanformalistic outcomes and hence are more authentic

Movement from Quadrant 3 to 4 (ie from less authentic to more authenticbargaining at the centralized level) appears possible when employers take the firststep in coordinating through employer associations and when the local governmentdirectly intervenes to create industry wide settlements as suggested by the Wenlingmodel However given the lack of a real connection between unions at this leveland the workers they represent and the heterogeneous workplaces that makedirect election of representatives more difficult we are not convinced that such amovement is imminent In addition there are a number of implementation andenforcement failures such as in the case of the restaurant industry in Wuhan thatsuggest the difficulty of achieving meaningful collective bargaining coverage for anentire regional industry

There is some evidence of increased coordination between decentralized andcentralized levels Zhang (2014) finds evidence of links between industry wagestructures and firm level bargaining in a circumstance when lead and supplierfirms belonging to the same value chain in the local labor market are involvedThis indicates some degree of dynamism distinct from the mostly static pictureimplied by our classification This movement of informal coordination appearssimilar to those practices in the West especially in Europe although perhaps it isat a more incipient stage here As Chinese employers in a cluster or industry beginto build better institutional structures to facilitate coordination that will stimulatea similar movement amongst workers and unions and thereby promote industrywide bargaining as well as firm level bargaining

CONCLUSION

In this paper we examine the growth of strikes and collective bargaining in ChinaUsing McAdamrsquos political process model we argued that Chinese workers are

Ccopy 2016 The International Association for Chinese Management Research

Labor Unrest and Collective Bargaining 181

striking more and proactively after 2008 The Chinese state has encouraged thegrowth of collective bargaining although its motivations for doing so could beattributed to different interests such as providing a mechanism to resolve laborconflict or to increase wages in its effort to lsquorebalancersquo the economy a necessarycondition to avoid the middle income trap We argued further that we wouldexpect to see considerable variation in collective bargaining based on the differentialinterests of central and local states who are enjoying more autonomy than theydid in the past And our analysis of the official union (ACFTU) and the crises ofidentity and legitimacy that it faces led us to expect that collective bargaining willbe predominantly inauthentic

The evidence largely supports our expectations Chinese workers are clearlystriking more after 2008 and the numbers of strikes from two different sets of datashow steady increases Collective bargaining has also grown sharply after 2008 butthe key agent charged with the responsibility of increasing bargaining coverage (theACFTU) tends to view it generally as a bureaucratic exercise Hence our findingthat much of the incipient collective bargaining in China hews to the inauthenticside of the continuum We also find considerable variation however in collectivebargaining This variation is attributable to the willingness of the state to allowexperimentation and it would appear that different industrial relations actors ielocal labor bureaucracies local employers and local unions exercise considerablefreedom to develop particular structures

While our taxonomy presents a static picture of collective bargaining in Chinatoday we also highlight how it may change in the future under the presentinstitutional structure We have identified several conditions that are necessary forbargaining arrangements to move towards greater authenticity Specifically eventhough the Chinese state is unlikely to permit workers to affiliate with unions of theirchoice reforms within the ACFTU that move it in the direction of increasing itsrepresentative function is one avenue for change An amendment to the GuangdongProvincial Regulation on Collective Contracts for Enterprises is in our view onepathway to more authentic bargaining The regulation is detailed covering notonly the content and subject matter of collective bargaining but includes extensiveprovisions regarding various aspects of collective negotiations Most crucially theregulation specifies clearly that lsquonegotiation representatives of the employees of thefirm must either be selected by the trade union or democratically elected by thestaff and workersrsquo ndash the first time that democratic elections have been specified inany provincial legislation regarding collective bargaining

However despite the growth and variation that we see and despite the promiseimplicit in the Guangdong regulations overall our paper suggests that collectivebargaining in China is at a very incipient stage At this point in 2015 our initialanalyses would suggest that the institution of collective bargaining in China is moreeffective at increasing wages thereby meeting the statersquos interest in rebalancing theeconomy and less effective in meeting the statersquos alternative interest ie representingworkers adequately so as to reduce industrial conflict

Ccopy 2016 The International Association for Chinese Management Research

182 S Kuruvilla and H Zhang

Under what conditions could collective bargaining meet the statersquos alternativeinterest This requires that Chinese unions overcome their problems of identity andlegitimacy A necessary condition is that the state must be willing to provide theunions with more independence What might bring this about The state wouldbe willing to do so if the legitimacy of the CCP is under threat And that couldhappen if industrial conflict and labor exploitation continue to increase despite thenew laws and union activity

However recent decisions suggest that the state has elected to follow an alternativeapproach of improving bargaining effectiveness with more centralization ratherthan providing local union autonomy In 2014 the ACFTU introduced a newfive-year plan (2014ndash2018) to promote collective bargaining Simultaneously inorder to improve collective bargaining effectiveness the ACFTU has adoptednew guidelines to its locals These include the notion that 100 of the workerscovered under CB should be aware of the bargaining and have provided themwith relatively centralized formats that would permit aggregation of data onwages More importantly in May 2015 the central government and CCP releasedlsquoSuggestions for Establishing Harmonious Labor Relationsrsquo ndash the first time thatharmonious labor relations were promoted at the central level in a special documentThese actions suggest that the CCP has acknowledged the shortcomings of thecurrent collective bargaining system (ie poor implementation poor quality ofagreements and the ACFTUs general inability to represent workers) and thethreat of continued industrial conflict to its own legitimacy but is still leery ofproviding local unions and workers with more autonomy that might result in thesuccessful institutionalization of bargaining

How does the development of Chinese unions and collective bargaininginstitutions compare with other Asian nations We might look to both Taiwanand South Korea for parallels Japan however is less comparable because thepost-war development of both unions and collective bargaining developed intandem with democratization (Gould 1984) and was led by employers whointroduced the famous pillars of lifetime employment seniority based wages andenterprise unions in search of labor stability (Hashimoto 1991) In both Koreaand Taiwan however the export oriented industrialization regimes adopted byauthoritarian governments entailed a high degree of control of labor Ratherlike China today Taiwanrsquos policies then required the unions to be affiliated toone central federation (the Chinese Federation of Labor) which was controlled bythe Kuomintang regime (Deyo 1987) Korea adopted a similar approach with thecreation of the Federation of Korean Trade Unions created by the governmentHowever in contrast to Taiwan (where the workforce was mostly composed oflabor working in agriculture and small scale industries) Korearsquos labor movementeven under authoritarian governments developed a stronger working class identityDeyo (1987) and Chu (1998) argue due to the tradition of nationalist mobilizationagainst the Japanese occupation large sized firms involved in heavy industries andhigh industry concentration Both countries democratized in the late 1980s Given

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Labor Unrest and Collective Bargaining 183

their historical weakness the labor movement in Taiwan did not play a major rolein the democratization processes unlike the Korean labor movement which was acentral player in the process in Korea Consequently post democratization Koreanunions aggressively demonstrated their power through waves of strikes (Chu 1998)that resulted in the formal institutionalization of a new industrial relations regimealong pluralist lines Taiwanrsquos labor movement given its historical weakness did notassert themselves as strongly after democratization although a new labor relationsregime developed thereafter Thus although there was broad similarity in termsof state control of labor in Korea Taiwan and China that similarity ended in the1980s upon democratization in Korea and Taiwan The Chinese labor movementstill remains under state control and the future evolution of both labor unions andcollective bargaining is as we have argued earlier in this paper dependent on CCPrsquosstrategies

Having developed a lsquobaselinersquo taxonomy of collective bargaining how mightfuture research advance our knowledge about collective bargaining in China Mostimportantly we need research (detailed case studies) on how collective bargainingis conducted in different parts of China As Friedman and Kuruvilla (2014) haveargued there is much experimentation and decentralization and more empiricalevidence of these processes are clearly necessary in order to evaluate what worksbest in which locations and why We specifically need more case studies ofauthentic bargaining Second we need analyses of collective bargaining contracts(on both a national and regional scale) in order to determine which are the keyissues of contention between management and labor and how they are changingovertime More research on the various experiments regarding union electionsand the impact of these on bargaining processes and outcomes is a key need aswell Thus there are plenty of opportunities for cutting edge research in collectivebargaining in China and we hope that Chinese management scholars would answerthis call for research into a crucial national human resource issue

NOTES

We thank Manfred Elfstrom and Eli Friedman for comments on an earlier version of this article andthe faculty at Renmin University School of Labor and Human Resources for hosting us[1] There have been various administrative provisions for collective negotiations since 1994 but

legal backing was only granted via the Labor Contract Law beginning in January 2008[2] According to the National Bureau of Statistics (NBS) the term lsquoenterprises above designated

sizersquo points to those industrial legal person enterprises whose yearly main business incomes equalto or are more than 5 million yuan (2009)

[3] The political geography in China divides the country into three levels of bureaucracies below thenational level namely the provincial level the citycounty level and the township level (Note thata village government is not an official bureaucracy but a villagersrsquo self-management organization)However as a legacy of the Kuomintang regime most cities include and administrate severalcounties and therefore the de facto bureaucratic system in China ndash according to which bothofficial unions and governments are structured ndash actually has four levels ie the provincial levelthe city level the countydistrict level and the township level

[4] We admit the possibility that the growing trend may be partially because of a betterdocumentation system now than before

Ccopy 2016 The International Association for Chinese Management Research

184 S Kuruvilla and H Zhang

REFERENCES

Bandurski D 2008 Taxi strikes in China highlight changing press controls China Media Project[Cited 31 March 2015] Available from URL httpcmphkuhk200811121344

Blecher M 1991 Development state entrepreneurial state The political economy of socialist reformin Xinji Municipality and Guanghan County In G White (Ed) The Chinese state in theera of economic reform The road to crisis 265ndash294 Basingstoke Macmillan

Blecher M amp Shue V 1996 Tethered deer Government and economy in a Chinese countyStanford CA Stanford University Press

Brown R 2006 Chinarsquos collective contract provisions Can collective negotiations embody collectivebargaining Duke Journal of Comparative and International Law 35 35ndash77

Cai F 2007 Zhongguo jingji mianlin de zhuanzhe jiqi dui fazhan he gaige de tiaozhan (The turningpoint faced by the Chinese economy and the challenge it presents to development and reform)Zhongguo Shehui Kexue (Social Sciences in China) 2007(3) 4ndash12

Chan A 1993 Revolution or corporatism Workers and trade unions in post-Mao China TheAustralian Journal of Chinese Affairs 29 31ndash61

Chan A 2009 Challenges and possibilities for democratic grassroots union elections in China Acase study of two factory-level elections and their aftermath Labor Studies Journal 34(3)293ndash317

Chan C K C amp Hui E S I 2014 The development of collective bargaining in China Fromlsquocollective bargaining by riotrsquo to lsquoparty state-led wage bargainingrsquo The China Quarterly217(1) 221ndash242

Chan K W 2010 A China paradox Migrant labor shortage amidst rural labor supply abundanceEurasian Geography and Economics 51(4) 513ndash530

Chang K 2013 Laogong guanxi jitihua zhuanxing yu zhengfu laogong zhengce de wanshan (Thecollective transformation of industrial relations and improvement of labor policies) ZhongguoShehui Kexue (Social Sciences in China) 2013(6) 91ndash108

Chen F 2003 Between the state and labour The conflict of Chinese trade unionsrsquo double identityin market reform The China Quarterly 176 1006ndash1028

Chen F 2007 Individual rights and collective rights Laborrsquos predicament in China Communistand Post-Communist Studies 40(1) 59ndash79

Chen F 2010 Trade unions and the quadripartite interactions in strike settlement in China TheChina Quarterly 201 104ndash124

Chu Y W 1998 Labor and democratization in South Korea and Taiwan Journal ofContemporary Asia 28(2) 185ndash202

Clarke S Lee C amp Li Q 2004 Collective consultation and industrial relations in China BritishJournal of Industrial Relations 42(2) 235ndash254

Deyo F C 1987 State and labor Modes of political exclusion in the East Asian development InF C Deyo (Ed) The political economy of the new Asian industrialism Ithaca NYCornell University Press

Eastmoney 2010 Zhixuan gonghui zhihou (After the direct election of the union)[Cited 14 September 2013] Available from URL httpmoneyeastmoneycomnews158320120918251427566html

Eisenhardt K 1989 Building theories from case study research Academy of ManagementReview 14(4) 532ndash550

Elfstrom M amp Kuruvilla S 2014 The changing nature of labor unrest in China Industrial andLabor Relations Review 67(2) 453ndash480

Frenkel S amp Kuruvilla S 2002 Logics of action globalization and changing employment relationsin China India Malaysia and the Philippines Industrial and Labor Relations Review55(3) 387ndash412

Friedman E D 2014a Insurgency trap Labor politics in postsocialist China Ithaca NYCornell University Press

Friedman E D 2014b Economic development and sectoral unions in China Industrial andLabor Relations Review 67(2) 481ndash503

Friedmand E D amp Kuruvilla S 2015 Experimentation and decentralization in Chinese industrialrelations Human Relations 68(2) 181ndash195

Friedman E amp Lee C K 2010 Remaking the world of Chinese labour A 30-year retrospectiveBritish Journal of Industrial Relations 48(3) 507ndash533

Ccopy 2016 The International Association for Chinese Management Research

Labor Unrest and Collective Bargaining 185

Gallagher M E 2005 Contagious capitalism Globalization and the politics of labor inChina Princeton Princeton University Press

Gallagher M E 2010 lsquoWe are not machinesrsquo Teen spirit on Chinarsquos shopfloor China Beat [Cited31 March 2015] Available from URL httpwwwthechinabeatorgp=2538

Gallagher M E amp Dong B 2011 Legislating harmony Labor law reform in contemporaryChina In S Kuruvilla C K Lee amp M E Gallagher (Eds) From iron rice bowl toinformalization Markets workers and the state in a changing China Ch3 IthacaNY Cornell University Press

Gallagher M E 2014 Chinarsquos workers movement and the end of the rapid-growth era Daedalus143(2) 81ndash95

Gould W B 1984 Japanrsquos reshaping of American labor law Cambridge MA MIT PressHashimoto M 1991 The industrial relations system in Japan An interpretation and policy

implications Managerial and Decision Economics 12 147ndash157Howell J A 2006 Reflections on the Chinese state Development and Change 37 273ndash

297Howell J A 2008 All-China Federation of Trades Unions beyond reform The slow march of direct

elections The China Quarterly 196 845ndash863Hu Y 2011 Shenme shi jiti hetong lsquoCaihong Jihuarsquo (What is the collective contract lsquoRainbow Planrsquo)

[Cited 14 September 2013] Available from URL httpwwwhaishang-lawcomArticlezhuanyeyanjiulaodongjiufen2011046155html

Hui E S I 2011 Understanding labour activism The Honda workersrsquo strike In C Scherrer (Ed)Chinarsquos labor questions Ch3 Munchen Mering Germang Rainer Hampp

Hui E S I amp Chan C K C 2014 Beyond the union-centered approach A critical evaluation ofrecent trade union elections in China British Journal of Industrial Relations

Katz H amp Darbishire O 2002 Converging divergences Worldwide changes inemployment systems Ithaca NY Cornell University Press

Katz H C Kochan T A amp Colvin A J S 2014 Labor relations in a global world Anintroduction focused on emerging countries Ithaca NY Cornell University Press

Lee C H 2011 Between the hierarchy and market Emerging mezzo-corporatistindustrial relations in China Unpublished manuscript

Lee C K 2007 Against the law Labor protests in Chinarsquos Rustbelt and Sunbelt BerkeleyUniversity of California Press

Liu M 2010 Union organizing in China Still a monolithic labor movement Industrial andLabor Relations Review 64(1) 30ndash52

Luo S 2011 Collective contracts but no collective bargaining In C Scherrer (Ed) Chinarsquos laborquestions Ch3 Munchen Mering Germang Rainer Hampp

Luthje B 2012 Diverging trajectories Economic rebalancing and labor policiesin China East-West Center Working Paper No 23 [Cited 31 March 2015] Avail-able from URL httpwwweastwestcenterorgpublicationsdiverging-trajectories-economic-rebalancing-and-labor-policies-china

Luthje B Luo S amp Zhang H 2013 Beyond the Iron Rice Bowl Regimes of productionand industrial relations in China Frankfurt amp New York Campus

McAdam D 1999 Political process and the development of Black Insurgency 1930ndash19702nd ed Chicago and London The University of Chicago Press

McDermott E P 2010 Industrial relations in China Ball of Confusion In K Townsend ampA Wilkinson (Eds) Research handbook on work and employment relations Ch16United Kingdom Edward Elgar Publishing

Meng Q 2012 Tanpan youxi zhong de lsquoshuoherenrsquo Yi DLDA qu wei li (The lsquomediatorrsquo in thebargaining game A case of DLDA) Qinghua Shehuixue Pinglun (Tsinghua SociologicalReview) 6 206ndash222

Meng Q Lu J Lei X Wang R amp Chang C 2011 2010 Zhongguo bagongchaodiaocha yu fenxi baogao (Report on the 2010 strike wave in China) Unpublishedmanuscript

OECD 2013 Protecting jobs enhancing flexibility A new look at employment protectionlegislation In OECD Employment Outlook Ch2 [Cited 31 March 2015] Available from URLhttpdxdoiorg101787empl_outlook-2013-en

Oi J 1995 The role of the local state in Chinarsquos transitional Economy The China Quarterly 1441132ndash1149

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186 S Kuruvilla and H Zhang

Peng M amp Du Q 2010 Quanzong guli tansuo gonghui zhuxi zhixuan (The ACFTUencourages direct elections of union chairs) [Cited 14 September 2013] Available fromURL httpepaperoeeeecomAhtml2010-0911content_1175401htm

Pan P P 2009 Out of Maorsquos shadow The struggle for the soul of a new China New YorkSimon amp Schuster

Rapoza K 2011 In coastal China a labor shortage Forbes [Cited 31 March2015] Available from URL httpwwwforbescomsiteskenrapoza20111220in-coastal-china-a-labor-shortage

Silver B J amp Zhang L 2009 China as an emerging epicenter of world labor unrest In H-F Hung(Ed) China and the transformation of global capitalism Baltimore Johns HopkinsUniversity Press

Stockmann D amp Gallagher M E 2011 Remote control How the media sustain authoritarian rulein China Comparative Political Studies 44(4) 436ndash467

Taylor B Chang K amp Li Q 2003 Industrial relations in China Cheltenham Edward ElgarTaylor B amp Li Q 2007 Is the ACFTU a union and does it matter Journal of Industrial

Relations 49(5) 701ndash715Taylor B amp Li Q 2010 Chinarsquos creative approach to lsquounionrsquo organizing Labor History 51(3)

411ndash428Tarrow S 1998 Power in movement Social movements and contentious politics New

York Cambridge University PressThe China Post 2012 China eyes 13 minimum wage rise in 5 years [Cited 31 March

2015] Available from URL httpwwwchinapostcomtwbusinessasia-china20120209331042China-eyeshtm

The Economist 2012 A dangerous year Unrest in China [Cited 31 March 2015] Available fromURL httpwwweconomistcomnode21543477

Unger J 2002 The transformation of rural China Armonk NY M E SharpeUnger J amp Chan A 1995 China corporatism and the East Asian model The Australian Journal

of Chinese Affairs 1995 29ndash53Venn D 2009 Legislation collective bargaining and enforcement Updating the OECD

employment protection indicators [Cited 31 March 2015] Available from URLhttpwwwoecdorgemploymentemp43116624pdf

Wang Z 2012 More workers staying near home China Daily [Cited 31 March 2015] Available fromURL httpwwwchinadailycomcnchina2012-0428content15166329htm

Warner M amp Ng S H 1999 Collective contracts in Chinese enterprises A new brand of collectivebargaining under lsquomarket Socialismrsquo British Journal of Industrial Relations 37(2) 295ndash314

Webb S amp Webb B 1897 Industrial democracy London New York amp Bombay LongmansGreen amp Co

Wen X amp Lin K 2015 Reconstituting industrial relations The experience of Wenling Journalof Contemporary China 24(94) 665ndash683

Wen X 2013 Gonghui zhixuan Guangdong shijian de jingyan yu jiaoxun (Union directelection Lessons from Guangdong) Paper presented at the 6th Annual Congress ofChina Labor Relations Association of the China Human Resource Development AssociationGuangzhou November 2013

Weston T B 2004 The iron man weeps Joblessness and political legitimacy in the Chinese rustbelt In P H Gries amp S Rosen (Eds) State and society in 21st century China Crisiscontention and legitimation 67ndash86 New York RoutledgeCurzon

Wu Q 2012 Jiti xieshang yu guojia zhudao xiade laodong guanxi zhili (Collective negotiationand state-oriented labor relations governance) Shehuixue Yanjiu (Sociological Studies)2012(3) 66ndash89

Xie Y amp Guo Y 2011 Zhongguo shi gongzi jiti xieshang moshi tansuo Wuhan shi canyin hangyegongzi jiti xieshang diaocha (A survey of collective consultation on wages in the catering industryin Wuhan) Zhongguo Laodong Guanxi Xueyuan Xuebao (Journal of China Instituteof Industrial Relations) 25(6) 54ndash58

Xie Y Chen J Chen P amp Xiao Q 2012 Zhongguo hangye gongzi jiti xieshang xiaoguode shizheng fenxi Yi Wuhan canyin hangye weili (An empirical analysis of industrialbargaining outcomes in China An example from the Wuhan restaurant and catering industry)Jingji Shehui Tizhi Bijiao (Comparative Economic and Social Systems) 2012(5)55ndash67

Ccopy 2016 The International Association for Chinese Management Research

Labor Unrest and Collective Bargaining 187

Xu X 2005 lsquoZiran zhuangtairsquo de gongzi jiti xieshang Zhongguo nanfang mouzhen yangmaoshanhangye gongzi jiti xieshang (Collective consultation and discussion on the wages under thelsquonatural conditionrsquo) Tianjin Gonghui Guanli Ganbu Xueyuan Xuebao (Journal ofTianjin Trade Union Administratorsrsquo College) 13(3) 29ndash32

Zhang H 2014 Informality in Chinarsquos collective bargaining Unpublished Masters thesisCornell University Ithaca NY

Zhang J amp Shi Y 2012 Guanyu hangye jiti xieshang qingkuang de diaocha baogao (Survey onindustrial collective negotiation) Zhongguo Laodong Guanxi Xueyuan Xuebao (Journalof China Institute of Industrial Relations) 26(4) 51ndash57

Sarosh Kuruvilla (sck4cornelledu) is Professor of Industrial RelationsAsian Studies and Public Affairs at Cornell University and Visiting Professor atthe London School of Economics His research focuses on the linkage betweeneconomic development strategies and labor and human resources policies Hehas published numerous articles and 3 books on various aspects of labor relationsin Asia He is currently researching collective bargaining in ChinaHao Zhang (hz256cornelledu) is a PhD student at Cornell UniversityrsquosSchool of Industrial and Labor Relations His primary research focus is laborand employment relations with special attention to China And he has ongoinginterests in globalization development political economy skill formationproduction and work

Manuscript received September 18 2014Final version accepted September 28 2015 (number of revisions ndash 2)Accepted by Editor-in-Chief Arie Lewin

Ccopy 2016 The International Association for Chinese Management Research

  • INTRODUCTION
  • THEORETICAL PERSPECTIVES
    • Worker Militancy
    • State Promotion of Collective Bargaining
    • Variations in Collective Bargaining
    • The Future of Collective Bargaining
      • METHODOLOGY
      • RESULTS
        • Strikes
        • Collective Bargaining
        • Emerging Variation Varieties of Collective Bargaining in China
          • DISCUSSION
            • Moving across Quadrants The Future of Collective Bargaining and The Roles of Unions and Employers
              • CONCLUSION
              • NOTES
              • REFERENCES

160 S Kuruvilla and H Zhang

differs substantially from those in the West in two significant respects ie whilemost collective bargaining regimes in most countries are based on the principle ofFreedom of Association where workers can belong to unions of their own choosingin China all workers have to belong to one lsquoofficialrsquo union federation the All ChinaFederation of Trade Unions (ACFTU) And in contrast to other countries thereis no positive right to strike in China Despite these crucial differences howevercollective bargaining appears to be growing rapidly in China

Whether collective bargaining will solve the problem of industrial conflict inChina depends on the extent to which it is institutionalized ie the extent to whichthree actors employers the ACFTU and workers begin to use it effectively Thepurpose of this paper is to attempt to predict the future of collective bargainingin China based on theoretical perspectives and the limited empirical evidence wehave thus far We will address the following questions Why is labor unrest in Chinaincreasing after 2008 Why is the Chinese state encouraging the development ofcollective bargaining How is collective bargaining developing in China and whatmight be its future trajectory We draw on admittedly scant empirical evidencefrom our own prior and on-going research to answer these questions

Our paper suffers from several limitations which readers should take into accountwhile evaluating the paperrsquos conclusions First there is a problem with empiricalevidence with regard to collective bargaining in China It is a relatively recentdevelopment having acquired the force of law only in 2008 There is no traditionof scholarship on collective bargaining within China hence there are very fewstudies It is not a popular subject amongst Chinese management scholars (orChina-based scholars in general) in part because it is a politically sensitive topic Itis not taught in the premier Chinese business schools Hence it is no surprise that ofthe hundreds of papers presented at the IACMR conference (the premier Chinesemanagement conference) on organizations and human resource management thispaper was the only one that dealt with the subject of Chinese labor relations a keyhuman resource issue for Chinarsquos development

Second we rely on existing research on collective bargaining which is basedon case studies While generalizing from case studies is fraught with problems asEisenhardt (1989) has indicated case studies can be revealing about processes(collective bargaining is a new process in China) which is what is needed tobuild theory and predict future trends We attempt to do so via our taxonomy ofcollective bargaining in China but we do note that it is based on limited empiricalevidence

Third readers must keep in mind that we are dealing with a sensitive politicalsubject The success of collective bargaining in solving industrial conflict dependsheavily on its successful institutionalization That in turn depends on the extentto which Chinese labor unions have the freedom to be legitimate representatives ofemployees For them to do so leaders of unions must be chosen by the employeeswhich is not the case currently Yet as we speculate in later sections of the paper it ispossible that the Chinese Communist Party (CCP) may find ways to increase trade

Ccopy 2016 The International Association for Chinese Management Research

Labor Unrest and Collective Bargaining 161

Structural and Political Opportunities

Cognitive Cues

Cognitive Liberation

Mobilizing Structures

Collective Action

Labor Shortages

News Labor Laws and Policies

NewProactive

lsquoBread and Butterrsquo

Demands

Mafia

NGOs

Native-Place Assns

Variety of Tactics

Media

Coverage

RecruitmentPatternsHigher Wages

Figure 1 A lsquopolitical processrsquo model of Chinese labor activism (based on) McAdam (1999)

union independence from the party in order to increase its own legitimacy Thatis not the case currently If anything the CCP is tending toward greater controlrather than less Therefore while we speculate in the paper with regard to theStatersquos interest we do not have a basis to make strong predictions with regard tothe statesrsquo future policies with regard to both unions and collective bargaining

THEORETICAL PERSPECTIVES

Worker Militancy

The first key question raised in this paper is with regard to why labor conflictmeasured in terms of the number of strikes is increasing in China since 2008Prior research has suggested that strikes are limited in number (although estimatesvary) and there is variation in worker militancy based on the nature of workers(whether migrants or SOE) regional differences ownership differences and thedegree of state suppression of strikes The literature also suggests that most strikesare lsquodefensiversquo in nature trying to protect existing rights and benefits (see Lee 2007Luthje 2012 Pan 2009 Weston 2004) In this paper we argue that strikes todayare very different In our current and ongoing work we rely on McAdamrsquos (1999)lsquopolitical processrsquo model (see Figure 1) to explain the rising militancy of Chineseworkers For McAdamrsquos framework to be applicable to the Chinese labor contextwe would expect certain factors to be present First economic and political factorsthat influence workersrsquo bargaining power should exist And second workers shouldexperience lsquocognitive cuesrsquo

The key economic condition is that since early 2009 China has developed a laborshortage on its coasts and increasingly elsewhere (see for example Rapoza 2011)Gallagher (2011) links the increase in labor militancy and bargaining power tothe shortage of workers and argues that these shortages are a function of threeissues the decline in the working population as a consequence of the one childpolicy policy changes in agriculture (sharp cuts to the taxes paid by farmers andstimulus-driven increases in rural infrastructure) that are raising the lsquoopportunity

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162 S Kuruvilla and H Zhang

costsrsquo of working on the coast and reducing migration to the cities thus deprivingthem of workers and finally institutional discrimination against migrants as a resultof the hukou system Clearly rural workers are increasingly staying at home A pollof 200000 migrant workers in 2011 found that more chose to work in their homeprovinces than chose to go elsewhere (Wang 2012) Capital is moving away fromsoutheastern export processing zones like the Pearl River Delta Chongqing forinstance lsquofor the first time employed more of its surplus rural workforce locallythan it sent to other areasrsquo in 2011 (The Economist 2012) Whether permanentor temporary the shortage has served to increase labor militancy and bargainingpower reflected particularly in increasing demands for wages

The key political factor has been the statersquos policy regarding worker protectionand collective bargaining as well as the new media openness (at least until 2013)which serve to further increase the bargaining power of workers In 2008 thestate embarked on a lsquolegislative onslaughtrsquo enacting a range of pro-labor pieces oflegislation including the lsquoLabor Contract Lawrsquo lsquoEmployment Promotion Lawrsquo andthe lsquoLabor Dispute Mediation and Arbitration Lawrsquo And in 2012 new nationallsquoRegulations on Consultation and Mediation for Labor Disputes in Enterprisesrsquowent into effect These reforms essentially introduced stronger protections forworkers (Friedman amp Lee 2010 McDermott 2010) Elfstrom and Kuruvilla (2014460) note that these laws taken together lsquoamount to an official acknowledgmentof the massive scale of worker unrest as well as a new interest in containingconflict through providing it with legitimate channels not attempting to eliminateit entirelyrsquo Thus it could be argued that Chinarsquos lsquopolitical opportunity structurersquofor workers (Tarrow 1998) has also shifted

In terms of lsquocognitive cuesrsquo workers experienced these changes in many differentways As Elfstrom and Kuruvilla (2014 460) note lsquoCompaniesrsquo efforts to lsquoreverse-marketrsquo themselves as ldquopreferred employersrdquo by actively recruiting in working classneighborhoods (rather than waiting for workers to line up at factory doors desperatefor work) by building better dormitories by publishing factory magazines and byforming ldquotask forcesrdquo of employee representatives may be received by workingpeople as powerful ldquocuesrdquo that the balance of power has shifted and that they(workers) hold greater leverage over capital than a decade agorsquo Rising earningsmay send similar signals Wage hikes in recent years have been dramatic Migrantsrsquoaverage monthly salaries increased by 212 percent in 2011 over the year before thegovernment has decreed that lsquothe average growth of Chinarsquos minimum wages shouldbe at least 13 percentrsquo through 2015 and should constitute lsquo40 percent of averagelocal salariesrsquo (The China Post 2012) A series of strikes at auto parts suppliers anda rash of suicides (and subsequently investigative reports) in a Foxconn factory inShenzhen have led to high wage increases exceeding 20 at Honda plants Equallyimportantly media coverage of new labor laws like those noted above and greaterreporting on strikes may provide lsquocuesrsquo that more activism is tolerated by authoritiesThe Labor Contract Law was the subject of widespread domestic media reportsfocusing on individual cases of workers who successfully used the law lsquoas a weaponrsquo

Ccopy 2016 The International Association for Chinese Management Research

Labor Unrest and Collective Bargaining 163

Stockmann and Gallagher (2011) note that by telling lsquogrittyrsquo stories of mistreatmentand eventual redemption via arbitration and court Chinese state newspapers bothattract readers (serving the needs of an increasingly commercialized press) andaccording to surveys conducted by Stockmann and Gallagher increase trust in theefficacy of legal activism

Importantly the state has allowed more open discussion of industrial strife Theyear 2008 marked the rollout of what has been dubbed Chinarsquos lsquoControl 20rsquoapproach to media and public opinion Communist Party Secretary Hu Jintao calledfor lsquoreleasing authoritative information at the earliest moment raising timelinessincreasing transparency and firmly grasping the initiative in news propagandaworkrsquo (Bandurski 2008 1) However strikes and other worker lsquomass incidentsrsquohave since received increased coverage albeit with a Party-approved slant This hasmeant that workers hear more about other workersrsquo activism than ever before AsElfstrom and Kuruvillarsquos (2014) qualitative interviews suggest lsquoThe Honda strike in

particular gave workers a new momentum It awakened themrsquo and lsquoThe Honda strike had a

big impact on workersrsquo opinions because of the media attention given to the strike Similar strikes

occurred in the past but without the same attentionrsquoWe would therefore expect lsquocognitive liberationrsquo to take place workers should

demand higher wages more attention to the details of working life and wouldstrike if their demands were not met We would expect both quantitative shift interms of an increasing number of strikes and we would expect pro-active strikesfor a variety of instrumental reasons We would expect more strikes in all regionsof China in contrast to regional differences identified in prior research

State Promotion of Collective Bargaining

The Chinese government has since 2008 embarked on a coordinated effort toincrease collective bargaining It has done so via three separate initiatives a changein the role of the Ministry of Human Resources and Social Security (MOHRSS) theinclusion of provisions for collective contract negotiations in the new labor laws ofthe 2007ndash2010 period (discussed above)[1] and most importantly the instructionsof the ACFTU to increase union organizing and collective bargaining coverageacross the country The primary change in the role of the MOHRSS has beento make it more responsible for the growth of collective bargaining The LaborContract Law contains six articles about collective contracts stipulating the contentof collective bargaining and the right to ratify a collective bargaining agreementof the workersrsquo congress And two articles focus specifically on the establishmentof relatively centralized ndash regional and industry level ndash bargaining Finally thestate and the ACFTU articulated the lsquoRainbow Planrsquo (2008) to introduce collectivebargaining in enterprises Specific targets were established ie collective contractsshould be generally established in enterprises above a designated size[2] in EastChina by 2009 in Central China by the end of 2010 and in the whole country bythe end of 2012 Meanwhile they continued to encourage (without specific targets)

Ccopy 2016 The International Association for Chinese Management Research

164 S Kuruvilla and H Zhang

industry-wide or regional agreements to cover those nonunionized or small tomedium-sized enterprises (Hu 2011) What explains the statersquos interests in doing so

We do not yet have a coherent theory of the Chinese statersquos interests In facta variety of concepts can be found in the literature to characterize the Chinesestate and will not be repeated here (see Howell 2006 for a comprehensivereview) Howell (2006 274) suggests that the proliferation of terms to describethe Chinese state (development state entrepreneurial state the corporatist statethe dual developmental state the market facilitating state) by authors such asBlecher (1991) Blecher and Shue (1996) and Oi (1995) masks a lsquodeeper processof state fragmentation that fosters contradictory and complex patterns of statebehaviorrsquo Howell (2006 275) suggests that to understand the Chinese state todaywe must recognize that the state lies between various categories displaying lsquoelementsof efficiency and inefficiency of control and chaos of relative autonomy andclientelism of neoliberalism and neocorporatismrsquo This conception of the Chinesestate allows it to be best understood as lsquopolymorphous assuming multiple complexforms and behaviours across time and spacersquo (Howell 2006 276) and provides uswith a better understanding of state interests in developing collective bargaining

One explanation for the statersquos action to increase collective bargaining drawsprimarily on the basic and long established institutional theory about industrialconflict and collective bargaining developed by the Webbs in their influential workIndustrial Democracy (1897) The Webbsrsquo solution to labor conflict (consisting of lsquothedevice of the common rulersquo [basic minimum standards legislation] on the one handand on the other hand collective bargaining to equalize power between labor andmanagement) has been the basis for most approaches states the world over havetaken to reduce industrial conflict under what Frenkel and Kuruvilla (2002) term lsquoalogic of labor peacersquo The Chinese governmentrsquos response in encouraging collectivebargaining is in many ways consistent with this explanation in that it has enactedminimum standards legislation and is increasing collective bargaining coverage butit is doing so in ways that do not result in the formation of free labor unions iethe state here is corporatist and neoliberal at the same time

An alternative perspective is that the statersquos labor policy is based on lsquodecentralizedlegal authoritarianismrsquo (Friedman amp Lee 2010) which suggests a great emphasison legal system building (Gallagher 2005) in order to steer the reform of the socialgovernance system in general and the labor relations system in particular towardsan authoritarian lsquorule by lawrsquo system (Friedman amp Lee 2010) This explains themany legislations increasing labor protection during the 2007ndash2010 period with theresult that OECD has ranked the strictness of employment protection in Chineselabor and employment laws as among the highest in major countries (OECD 2013Venn 2009) This also explains why the state has encouraged legal mobilizationand seeks to channel labor conflict into the judicial and semi-judicial system(Gallagher amp Dong 2011 Lee 2007) in part to maintain political control Giventhat labor peace (ie no strikes) can be achieved by strong protective legislation onminimum standards as well as effective dispute resolution mechanisms the statersquos

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Labor Unrest and Collective Bargaining 165

encouragement of collective bargaining (an essentially democratic concept whichimplies some amount of independent agency on the part of workers) which mightresult in collective activity that might threaten the regime remains puzzling

Yet another explanation for the statersquos encouragement of collective bargainingcan be found in the conception of the lsquodevelopmentalrsquo state As Friedman andKuruvilla (2015) note at the firm level high rates of labor turnover and severe laborshortages have come to be one of the key limits to future growth The inability toretain a stable workforce has pushed employers in the industrial centers in coastalareas to look elsewhere Cai (2007) has suggested that China may be at the lsquoLewisianturning pointrsquo when labor scarcity begins to shift the economy away from laborintensive input-driven growth to enhanced productivity declining inequality andgreater domestic consumption On the other hand Chan (2010) argues that thecountry has not yet reached a Lewisian turning point but is instead experiencinga series of shorter-term mismatches of ages skills and demand However at thenational level the state has espoused the goal of lsquoeconomic rebalancingrsquo makinghousehold consumption rather than state-driven investment the key engine foreconomic growth an important consideration to avoid the lsquomiddle income traprsquothat the World Bank has predicted that China will reach in 2030 In 2010 Chinarsquoshousehold consumption as a share of GDP was only 38 while similar figures forBrazil Germany India and the USA are higher than 60

The state has already acted At the 2013 plenum the CCP outlined a planto increase the role of markets in resource allocation by 2018 along with arange of policies that loosen various institutional interdependencies granting moreautonomy to local governments but at the same time making the judiciary lessdependent on local governments Economic rebalancing calls for industrial policiesthat stimulate domestic demands and strengthen citizensrsquo purchasing power andmarket-oriented institutions to have wages increased in tandem with industrial andeconomic growth Wage growth is particularly important and here we find analternative explanation for the statersquos encouragement of collective bargaining TheCCPrsquos 17th National Congress (2007) laid out the general target of establishingmechanisms for regular wage increases in enterprises First in 2008 and then againin 2014 collective bargaining was written into the central governmentrsquos work reportto the Peoplersquos Congress where the government announced the establishmentof mechanisms for regular wage increases in enterprises to deepen the reformof the income distribution system Encouraging the ACFTU to establish collectivebargaining in every establishment can be seen as one way to satisfy the statersquos interestto increase wages and move the economy into higher value added productivity basedgrowth

A different basis for the statersquos promotion of collective bargaining lies in its role asa regulator enacting policies consistent with the vision of a lsquoharmoniousrsquo society anoverarching concept adopted by the CCP during the Hu Jin Tao regime The statehas a keen interest under this conception in limiting the growth in inequality Inthe 30 years since economic reform began China has gone from being the worldrsquos

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166 S Kuruvilla and H Zhang

most equal large economy with a gini coefficient of approximately 026 in 1979 toamongst the most unequal large economies (with a gini coefficient of 047 in 2012)The widening income inequality is seen as a potential threat to political stability (agini coefficient of 040 is seen as the lsquosecurity linersquo) Again a variety of actions in thelabor arena can be seen as inequality reduction mechanisms notably the plethoraof laws that promote equal pay and move workers from the informal sphere tothe formal sphere Collective bargaining and especially industry wide collectivebargaining is one way to standardize wages and benefits within industries

Variations in Collective Bargaining

Although the central state promotes collective bargaining using uniformmechanisms at the national level there is significant variation in the developmentof collective bargaining mechanisms rules and in institutionalization across ChinaWhat might explain this variation In most countries variations in collectivebargaining processes can be linked to differences in bargaining structure (whichin turn depends on the structure of unions and employers) as well as differentregulations across states or regions (see Katz amp Darbishire 2002) The state inChina through its Labor Contract Law has promoted some variation in that itsupports both collective bargaining at the firm level as well as collective bargainingat the industry level (articles 53 and 54) Friedman and Kuruvilla (2015) argue thatChina is taking an experimental gradualist and decentralized approach to theintroduction of collective bargaining and to labor relations reform They suggestthat there are a number of ways in which the central state promotes or allows localexperimentation One the one hand the ACFTU has consciously undermined thepower of the nationally organized industrial unions in favor of regionally basedfederations to prevent them from developing potentially an independent base ofpolitical power Hence much of the experimentation we see is at the enterprise levelBut we must remember that provincial and local governments also have interestsAnd local governments play a major role in promoting collective negotiationsFor instance Friedman and Kuruvilla (2015) note that the Binhai new district inTianjin provides firms with a subsidy equal to 15 of the total increase in wage billthat comes about through collective bargaining Clearly the local government hasinterests in raising wages and wants to incentivize firms to use collective bargainingregularly Other local governments encourage collective bargaining because it mayprevent strikes and the general instability that ensues as a result of public protestsSeveral provinces have enacted detailed regulations that go above and beyond thenational regulations with regard to collective bargaining Recently Guangdongprovince enacted bargaining regulations taking effect in January 2015 which notonly provide for employer obligation to bargain but even more far reaching allowthe direct election of worker representatives by workers The point here is that wewould expect to see considerable variation in collective bargaining based on theinterests of different provincial and municipal governments But these variations are

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Labor Unrest and Collective Bargaining 167

tolerated and in fact encouraged by the central state and as argued by Friedmanand Kuruvilla (2015) consistent with the statersquos approaches in other arenas Forinstance the state has allowed a variety of experimentations with market reform todevelop in the provinces which has resulted in experiments with decollectivizationof land (Unger 2002) If regions proved successful their models could be promotedthroughout the country We argue that the state is taking a similar approachwith regard to collective bargaining In part given the differences in employmentstructure ownership industry workforce composition across regions provincesand cities a differentiated approach is necessary However the statersquos toleranceof diversity coexists with a key requirement that independent forms of workerorganization are banned

In sum we suggest that the central and local states promote collective bargainingfor a variety of different interests and that we should expect to see a variation incollective bargaining arrangements across different provinces and regions HenceHowellrsquos conception of the Chinese state as a polymorphous one is best suited to theanalysis of its motivations for promoting collective bargaining In order to predictthe future direction of collective bargaining we then turn to an analysis of Chineseunions and employers

The Future of Collective Bargaining

As noted earlier the future of collective bargaining depends heavily on the degreeto which it is institutionalized which in turn depends on the ability and willingnessof employers and trade unions to adopt the process At the moment we arguethat it is at an incipient stage The state has established the basic framework via itsTripartite Conference on the Coordination of Labor Relations (xietiao laodong guanxi

sanfang huiyi) involving the labor ministry the ACFTU and the China EnterpriseConfederation-China Enterprise Directorsrsquo Association (CEC-CEDA) ndash a semi-official employer association in China in 2001 (Brown 2006) The tripartite systemwas strengthened in February 2005 when the lsquoCircular on Further Advancingthe Collective Wage Negotiationrsquo was published by the three parties requiring allbranches of the three parties at different levels to collaboratively work together toincrease collective bargaining The statersquos lsquolegislative onslaughtrsquo in 20078 for thefirst time created a legal basis for collective bargaining And finally the state hasinstructed the ACFTU to organize workplaces and establish collective bargainingin all workplaces articulated now through the lsquorainbowrsquo plan

Since the primary engine for collective bargaining growth apparently rests onthe ACFTU it is useful to theoretically examine its evolution The key questionhere is whether the ACFTU can effectively represent Chinese workers in collectivenegotiations There are two primary lines of debate and argument with regardto the role of the ACFTU The first concerns the ACFTUrsquos identity whether it isfunctioning in largely path dependent ways and has not yet made the transition toa new role in a market based society The second is that the ACFTU suffers from

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168 S Kuruvilla and H Zhang

a crisis of legitimacy in that most workers do not trust the union or see it as effectiveWe discuss each in turn below

With regard to whether the role of the ACFTU has transformed Chen hasargued that the ACFTU remains stuck to its lsquodouble institutionalrsquo identity as bothan apparatus of the state (acting on behalf of the nationrsquos collective good) and asa labor organization to protect workersrsquo interests (Chen 2003) In the old systemChen argues that the ACFTU did not quite experience tensions between its tworoles largely because its representation function was lsquoactually absorbed by thestatersquo given that its paternalistic labor regime under the lsquoiron rice bowlrsquo system ofemployment guaranteed workers economic interests such as work pay health careand social security But under a market based system it is increasingly experiencingthese tensions especially as industrial disputes and worker militancy increase

Yet the extent to which the ACFTU has evolved in a more representativedirection remains contested Chan (Chan 1993 Unger amp Chan 1995) argues thatthe ACFTU played an effective corporatist role in the socialist period but is likelyto continue this in the market era because the statersquos needs to effectively bridge thegap between the grassroots and the state in the market economy has created spacefor the ACFTU among other such organizations to incorporate worker voice intothe bureaucratic system of the state Chan (1993) predicted that the ACFTU wouldtransform from its state corporatist role to that of a more societal corporatist rolethat features lsquoa coalescing of horizontal interests from the bottom upwardrsquo

However Friedman (2014a) does not see a promising corporatist future for theACFTU for three reasons First corporatism requires that workersrsquo voices aresuccessfully incorporated into the system while the ACFTU does not incorporateworkers voices Second corporatism requires that workers give up political demandsin exchange for economic benefits and therefore implies a relatively de-commodifiedmodel of social governance whereas in China workers clearly do not enjoysufficiently such benefits Third however co-opted a union under corporatismis it is a somewhat independent intermediary organization between the grassrootsand the state while the ACFTU is clearly part of the state apparatus with no suchindependence

That being said clearly there is some transition to a more representative roleof the ACFTU Chen (2003) documents the increasing ways in which unions aretaking up their representative function with regard to individual if not collectivedisputes The ACFTU has carried out reforms and lsquoexperimentsrsquo at both centraland local levels In the arena of organizing unions at all levels have developedvarious models (ie the traditional ACFTU pattern the union association patterand the regional industry-based pattern) to strategically organize workers (Liu2010) Nevertheless the unionsrsquo ability to effectively represent workers is limitedon the one hand by their subjective position with regard to the employer and onthe other because union leadership cadres see union organizing as a bureaucraticexercise to meet the targets suggested by the state rather than a strategic one (Liu2010 Taylor amp Li 2010)

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Labor Unrest and Collective Bargaining 169

Chen (2003) suggests that there is a natural limit to the ACFTUrsquos ability tobe an independent representative agent ie the state will not loosen its controlover the unions because of lsquosolidarity phobiarsquo (eg the Polish experience) wherebymore independent unionism is seen as subversive and threatening to the regimeas well as being threatening to the role of the state as a lsquodevelopmentalrsquo stateTherefore we expect that the state will continue protecting the ACFTU monopolyon worker representation ndash a condition that Friedman (2014a) called lsquoappropriatedrepresentationrsquo whereby the ACFTU may be able to promote collective bargainingusing its unique political position at the national level whereas workplace unionswill remain weak and illegitimate

The crisis of legitimacy of the ACFTU has been well documented by severalauthors (Howell 2008 Taylor amp Li 2007) The key argument here is that Chineseworkers do not trust the ACFTU to adequately represent them and in fact inmany workplaces where the ACFTU is present the workers do not even know thatthey have representation The ACFTU is seen as largely apathetic willing to allowmanagement to exercise control (this explains the phenomena of lsquodual postingrsquowhere the companyrsquos human resource manager is allowed by the ACFTU officialsto act as lsquounion leaderrsquo) Friedman (2014a) suggests that official unions have beenunable to win recognition from workers and therefore wildcat strikes and otherforms of representation continue to be the most effective means of addressingworker grievances There have been recent experiments regarding direct unionelections which would arguably lead to more representative unions and hencemore legitimate ones but there is a lack of sufficient worker involvement in theseexperiments (Chan 2009 Howell 2008) with a notable exception of electionsinitiated by workers via spontaneous strikes (Hui amp Chan 2014)

Given that unions have an identity crisis as well as a crisis of legitimacy the keyhypotheses that we can advance is that unions will be unable to effectively representworkers in collective bargaining and are more likely to see collective bargaining asa bureaucratic exercise just as they view union organizing Collective agreementsthen are more likely to be formalistic exercises that primarily re-state the basicconditions under the laws and less likely to advance workersrsquo interests

Like the ACFTU the two national employer associations ndash the CEC-CEDAand the All China Federation of Industry and Commerce (ACFIC) ndash participatein the tripartite framework to promote collective bargaining but both are alsosubordinated to the CCP Our current ongoing research suggests that theseemployer associations are half-hearted partners in promoting collective bargainingLocal employer associations although theoretically have to be affiliated with thetwo big national associations often enjoy more autonomy from the state as well astheir upper levels in decision making than their equivalents on the union side do(Friedman 2014b) This allows them to ignore collective bargaining or when it suitstheir interests to encourage and promote it Given tight labor market conditionsit often suits local employers to engage in some form of regional or industry-wide coordination on wages and working conditions In such cases local employer

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170 S Kuruvilla and H Zhang

associations serve as mechanisms of employersrsquo collective voice while lead firmsare indeed key players But apart from these industry-wide bargaining scenariosemployers tend to shy away from collective bargaining at the firm level except afterstrikes

Given the unionrsquos identity and legitimacy crises and the employersrsquo relative lackof interest in promoting collective bargaining at the firm level we have no basis toexpect that the institution of collective bargaining will fulfill the statersquos objectives inintroducing it as a means of containing labor conflict In what follows we discussour methodology and in our results section we attempt to categorize the variationthat we see in collective bargaining (based on very limited research) in China

METHODOLOGY

In the absence of official data we rely on alternative estimates of strikes of whichtwo sources are available The first is a website run by the China Labour Bulletina Hong Kong based NGO that collects information on worker protests and strikeslargely from news reports in Chinese newspapers but also from dissident blog sitesand through the organizationrsquos radio call in show The second is a website calledChina Strikes (Elfstrom amp Kuruvilla 2014) which also uses newspaper reportsbut also individual lsquotip-offsrsquo through their website While China Strikes has focusedon the period of 2008ndash2012 the China Labour Bulletin reports strikes from 2011onwards For the overlapping years ie 2011ndash2012 both websites have identifiedsimilar numbers of strikes However both sources of data have shortcomings Firstit is possible that both websites under-report the actual number of incidences ofworker protests and strikes since there are many incidences that do not find theirway into newspapers for a variety of reasons Second it is possible that only biggerstrikes that disrupt life outside the factory gates (such as taxi strikes) get reportedin the press And finally the criticism that these two websites may be measuringnews stories rather than real strikes is also not entirely without substance Howeverin the absence of official statistics these are the only sources of data even if theyunderstate by a significant margin the real numbers

With regard to collective bargaining our goal is to use the limited research alreadypublished and our own observations (we are currently engaged in a research projecton collective bargaining that is not yet complete) to create a taxonomy of collectivebargaining in China Given that collective bargaining is a relatively new institutionbut one that is expected to grow in the coming years establishing a taxonomy todaywill be useful as a baseline against which future studies can make comparisonsOur taxonomy uses two concepts to classify current collective bargaining Theseare the degree of centralization (or decentralization) and the degree of authenticityof collective bargaining

Whether bargaining is centralized or decentralized depends on the bargainingstructure ie the level at which bargaining takes place and the employees andemployers it covers (Katz Kochan amp Colvin 2014) In Western European

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Labor Unrest and Collective Bargaining 171

countries a centralized (or multi-employer) bargaining structure is instituted atlevels beyond individual firms usually at the industry or national level wherenegotiations are carried out by national or industrial level organizations of unionsand employers National level agreements are common in Austria and Swedenwhereas industry level agreements are common in Germany Netherlands andBelgium Decentralized bargaining (where agreements are negotiated by companylevel unions and their employers are more common in the US and JapanIn China the labor contract law permits both centralized and decentralizedbargaining although the centralized bargaining it envisages is actually at a moredecentralized level than in other countries Specifically the law limits regionalor industry level collective contracts in construction mining restaurant andother industries to areas below the county level[3] The statersquos rationale for thislimitation is twofold ie the need to resolve issues of employment instability laborshortages strikes high turnover low social security coverage at the county levelwhile at the same time providing an institutional structure to extend collectivebargaining coverage to workers in these difficult to organize industries ndash mostlysmall short-lived and non-unionized businesses In practice local unions oftenare reluctant to establish collective bargaining at above-county levels and regionalauthorities do not encourage this either while the state actively discourages industrywide bargaining structures above the country level Thus we will expect to seemore collective bargaining agreements at the firm level rather than industrylevel

Collective bargaining can also vary based on the degree to which bargaining isauthentic As we have noted earlier there is a clear tendency towards what are calledlsquotemplate agreementsrsquo where management and union sign a formalistic agreementthat simply re-states the minimum conditions of the law and where workers are noteven aware of these agreements These would be inauthentic agreements We definea collective bargaining agreement as authentic if it meets the following conditionswhether unions and employers actually engage in a process of negotiations whetherworkers have input into crafting the demands that the union negotiates on theirbehalf whether those negotiations result in concrete outcomes and whether theprocess is repeated more than once (a sign of institutionalization) As we will showthe majority of collective bargaining agreements tend to be inauthentic Authenticagreements are relatively few and typically they occur after a strike since the strikeby workers needs to be settled and it can only be settled by negotiations

Based on our theoretical discussion with regard to strikes we would expect tosee steadily increasing numbers of strikes offensive in nature all across the countryalong with steadily increasing conflict rates Based on our analysis of the centraland local statesrsquo multiple interests we would expect to see steady growth in thenumber of collective bargaining agreements since 2008 and significant variationFinally based on our analysis of the ACFTU and employersrsquo associations we wouldexpect to see many inauthentic agreements and a preponderance of firm levelbargaining

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172 S Kuruvilla and H Zhang

Table 1 Strikes in China 2008ndashAugust 2014

Year

Number of

strikes

Average number of

strikes per month

2008 47 42009 32 32010 88 72011 233 192012 393 332013 656 552014 (till August) 644 81

(Source The 2008ndash2012 data about China are fromChina Strikes website available from URL httpschinastrikescrowdmapcom The 2013 data aboutChina are from China Labor Bulletin available fromURL httpwwwnumblecomPHPmysqlclbmapehtml)

6 916

0

20

40

60

80

100

120

140

Jan-

08

Jun-

08

Nov

-08

26

Apr-

09

Sep-

09

Feb-

10

Jul-1

0

17

31 3541

Dec-

10

May

-11

Oct

-11

Mar

-12

49

7265

78

64

119

Aug-

12

Jan-

13

Jun-

13

Nov

-13

105

-

Chin

Chin

a Strikes

a Labor Bullen

Figure 2 Monthly strikes in China 2008ndash2014 (Source China Labor Bulletin available fromURL httpwwwnumblecomPHPmysqlclbmapehtml and China Strikes available from URLhttpschinastrikescrowdmapcom)

RESULTS

Strikes

China Strikes reports a total of 793 strikes during the 2008ndash2012 period whilethe China Labour Bulletin indicates a total of 1867 strikes between Jan 2011 andAugust 2014 Table 1 shows counts of strikes after integrating estimates from bothwebsites What is notable is that the average frequency of strikes per month hasbeen increasing steadily Figure 2 graphs this trend[4] Chinese workers appear tobe striking more and longer indicative of their bargaining power

If one assumes as we argued that the Chinese data represents a massiveundercount of reality then clearly China is the lsquostrike capitalrsquo of the world withmore strikes per year than most other countries An alternative way of examiningwhether there is conflict in the system is to look at the number of labor disputes in

Ccopy 2016 The International Association for Chinese Management Research

Labor Unrest and Collective Bargaining 173

Table 2 Labor disputes in China (2000ndash2012 every alternative year)

2000 2002 2004 2006 2008 2010 2012

Annual Average

Growth Rate

Number of casesaccepted

135206 184116 260471 317162 693465 600865 641202 1385

Number ofworkersinvolved

422617 608396 764981 679312 1214328 815121 882487 633

Number ofcollective labordisputes

8247 11024 19241 13977 21880 9314 7252 minus 107

Number ofworkersinvolved incollective labordisputes

259445 374956 477992 348714 502713 211755 231894 minus 093

Number of casessettled

130688 178744 258678 310780 622719 634041 643292 1420

Number of casessettled bymediation

41877 50925 83400 104435 221284 250131 302552 1791

Number of casessettled byarbitrationlawsuit

54142 77340 110708 141465 274543 266506 268530 1428

Cases mediatedbefore accepted

77342 70840 130321 237283 163997 212937 1066

(Source China Labor Statistical Yearbook 2013)

China As the data in Table 2 suggests the number of labor disputes in China hasalso increased over the last few years

In sum and despite problems with the available data our research suggeststhat Chinese workers are increasingly militant and that the number of strikes inChina seems to be steadily increasing as are other indicators of industrial conflictconsistent with our expectations

Collective Bargaining

The published data show considerable growth in collective bargaining in Chinafrom 2006 onward As is apparent from Table 3 the annual growth rates in thenumber of collective contracts are high nearly 20 per year The number ofenterprises being covered by the contracts has been growing by almost 100 peryear indicating a great expansion of multi-employer ndash industrial and regionalndash contracts as well Clearly therefore the statersquos encouragement of collectivebargaining has been successful in quantitative terms Yet the growth in collectivebargaining does not show an appreciable decline in industrial conflict measuredby strikes or data on industrial disputes At a preliminary level this suggests thatthe statersquos encouragement of collective bargaining as a method of reducing conflict

Ccopy 2016 The International Association for Chinese Management Research

174 S Kuruvilla and H Zhang

Table 3 Growth of collective bargaining in China 2005ndash2010

2005 2006 2007 2008 2009 2010

Average Annual

Growth Rate

Number ofcollectivebargainingcontracts onwages

251794 304978 343329 410606 512151 608483 1930

Number ofenterprisescovered

41306 525964 622063 774501 901665 1115874 9334

Staff andworkerscovered bycollectivebargaining

35312320 37145872 39685737 51101198 61776321 75657331 1646

(Source China Trade Union Yearbooks 2006ndash2011)

Table 4 Wage growth in China (2000ndash2013)

Year

Average Yearly

Nominal

Wages (yuan) Growth of Nominal Wages Growth of Real Wages

2000 9333 122 1132001 10834 161 1532002 12373 142 1542003 13969 129 1192004 15920 140 1032005 18200 143 1252006 20856 146 1292007 24721 185 1342008 28898 169 1072009 32244 116 1262010 36539 133 982011 41799 144 862012 46769 119 902013 51483 101 73

(Source China Statistical Yearbook 2014)

and strikes is not successful or to be conservative not successful yet At the sametime data on wages show steady growth (see Table 4) We can draw two differentconclusions from this limited data One is that the key interest of the state wasnot to reduce conflict via the introduction of collective bargaining but to increaseand stabilize wages If this conception of the statersquos interest is correct then itprovides support for the argument that the state is acting in lsquodevelopmentalrsquo waysin encouraging collective bargaining as an instrument to rebalance the economy Analternative explanation is that the state does want to introduce collective bargainingin order to reduce conflict (as has been done in most parts of the world) but thequality of collective bargaining is not very good and hence does not meet that goal

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Labor Unrest and Collective Bargaining 175

FormalisticIneffective AuthenticEffective

Centralization

Decentralization

- Industry-wide Agreements that are ineffective egWuhan Restaurants

- Well established industry wide agreements eg The Wenling Model

- Template Bargaining

- Strike-triggered Bargaining

- State-intervened Bargaining

- Informal Bargaining

- Informal Coordination

- Democratic Grassroots Union Election

- Employer Coordination and state Intervention

Q3 Q4 Q1 Q2

Figure 3 A taxonomy of varieties of collective bargaining in China

If this is true then the policy prescriptions are clearer Below we look more closelyat the nature of collective bargaining

Emerging Variation Varieties of Collective Bargaining in China

Based on the limited available research we classify collective bargaining agreementsbased on how centralized or decentralized and how authentic or inauthentic theyare Recall our key caveat that there is relatively little published research andhence our taxonomy below (see Figure 3) is not based on a representative sampleas it should be However we want to highlight that this is by no means a staticclassification because we also see dynamism where there is movement from onequadrant to another At best this taxonomy should be seen as an initial estimateor baseline against which future research can examine progress over the comingdecade

Quadrant 1 Decentralized inauthentic collective bargaining Perhaps the most commonform of collective bargaining is what we term lsquotemplate bargainingrsquo and what other

Ccopy 2016 The International Association for Chinese Management Research

176 S Kuruvilla and H Zhang

researchers have described as lsquocollective contracts without collective bargainingrsquoor lsquopaper contractsrsquo (Chen 2007 Clarke et al 2004 Luo 2011) Typically thelocal government ndash often the labor administration and official union ndash develops atemplate for a collective contract that employers and the local branch of the unionshould sign (jiti hetong fanben) In some cases the template agreement contains blankspaces for wage increases which enterprises can customize to suit their needsUsually a template agreement leaves little room for the parties to bargain overinterest-based issues (Chen 2007) This is the model of collective bargaining mostcommonly followed by the ACFTU which provides its unions with these templateagreements for various regions that employers are requested to sign and whichre-state minimum legal conditions Often employers prepare the contracts andunions simply sign them without engaging in any negotiation (Clarke et al 2004Luo 2011 Taylor Chang amp Li 2003 Wu 2012)

The ACFTU which is targeted with increasing the coverage of collectivebargaining within the country appears more interested in the quantity ofagreements signed (to meet its targets) with relatively little focus on the quality (Wu2012) Some of these template agreements are not even enforced due to weaknessesin the labor inspection regime (Wu 2012) or because the local enterprise unionsalso exist primarily lsquoon paperrsquo having been set up by the ACFTU in collaborationwith the employer often without the workersrsquo knowledge (Liu 2010) Thus thougha large majority of Chinese collective bargaining agreements hew to this type wesee them as being largely inauthentic and the most decentralized given that theyare signed at the enterprise level These have been well documented in existingstudies (Clarke et al 2004 Luo 2011 Taylor et al 2003 Warner amp Ng 1999) sowe shall not expand on them here

Quadrant 2 Decentralized authentic collective bargaining A small but growing number ofcollective bargaining agreements at the firm level can be termed more authenticalthough there is some variation to the extent that they truly encapsulate genuinebargaining There are three different ways in which this type of collective bargainingis happening One and perhaps the most authentic form of collective bargainingis the negotiations that take place after a strike as Elfstrom amp Kuruvilla (2014)suggest The best known case of strike-triggered bargaining is the Honda NanhaiTransmission plantrsquos strike in 2010 that resulted in substantial wage increases forworkers and later also triggered a strike wave in the local and national auto industryleading to substantial wage negotiation in many of those cases as well (Hui 2011)Since a strike when it occurs is frequently settled by negotiations these days (Chang2013) the steady growth in the number of strikes implies growth in more authenticcollective bargaining There is increasing research that suggest that strikes beforeand during the 2010 strike wave were settled via negotiations between provisionallyelected workersrsquo representatives and employers (Chen 2010 Meng 2012 MengLu Lei Wang amp Chang 2011) Some of these strike-based settlements have beenoften facilitated by the mediation of local governments and official unions and

Ccopy 2016 The International Association for Chinese Management Research

Labor Unrest and Collective Bargaining 177

the state in various places has appeared to prefer using this approach rather thansuppressing striking workers (Chang 2013 Gallagher 2014) Chen (2010) refersto these dispute and strike settlement mechanisms as quadripartite bargaininginvolving four actors (the state the ACFTU the employers and the workers)Strikes and post-strike settlements are an important route by which collectivebargaining is becoming institutionalized suggests Meng (2012) in his research onDalian

The second way that authentic bargaining may occur without collective actionby workers is through the direct intervention by the local government Chan andHuirsquos (2014) research on Hondarsquos (Guangzhou) 2011 bargaining round suggeststhat although a union in which workers elected their representatives and collectivebargaining were institutionalized in the firm after the 2010 strike the localgovernment directly intervened in the negotiations during the 2011 bargaininground and encouraged the parties to come to agreement Arguably the localgovernment was interested in avoiding a potential strike We refer to this as authenticbecause it is occurring in a situation where workers choose their own representativesand the local government apparently takes the process seriously However this is amore isolated case

Although much of the prior literature has focused on formal bargaining structuresto make the claim that much of Chinese collective bargaining is inauthentic Zhang(2014) makes a compelling case that we should examine informal processes whichare perhaps just as important as formal structures and constitute the third wayin which bargaining is effective He finds in his study of the auto industry inTianjin that while formal bargaining looks just as formalistic as many other casesmuch of the real negotiation takes place at both enterprise and industry levelsthrough informal processes of coordination and negotiations that have resultedin meaningful outcomes Although there have not been strikes or governmentintervention in the auto-industry bargaining cases in Tianjin that Zhang examineshis research points to the active role of the firm union in ensuring substantialnegotiation Thus there are many different ways in which authentic bargaining iscarried out

Quadrant 3 Centralized and inauthentic collective bargaining A major strategy of theACFTUrsquos Rainbow Plan can be found in its effort to carry out regional and industry-level bargaining seen as necessary to bring employees of small and medium sizedfirms under collective bargaining coverage (Wu 2012) And as noted the ACFTUrsquosefforts are complemented by the state apparatus where key state departmentsoften take the lead in mobilizing employers For instance in the second authorrsquosongoing research he finds that in the case of hospitals in Tianjin the districtunion successfully mobilized the employers by leveraging the district Bureau ofPublic Health (BOPH) ndash a state institution in charge of examining approving andsupervising all local public health affairs ndash to create an industry wide collectivebargaining agreement However it was not clear that workers were aware of the

Ccopy 2016 The International Association for Chinese Management Research

178 S Kuruvilla and H Zhang

agreement nor was it clear that the agreement was enforced Similar efforts arealso identified in Tianjinrsquos construction industry as well as in other regions in Wursquos(2012) research

While we need more cases to draw firmer conclusions thus far what is clear isthat many of these industry-wide agreements are either formalistic or have shownthemselves to be ineffective and not institutionalized Similar to that of decentralizedand formalistic bargaining the reasons for ineffectiveness at this level include theunionrsquos focus on formalistic terms the absence of strict enforcement and oftenworker ignorance of the terms of the agreement or that they were represented bya union (a frequent issue when union representatives are not directly elected) (Wu2012) A classic example here is Friedmanrsquos (2014b) study of sectoral bargainingin Ruirsquoan eyeglass cluster in Zhejiang Province where workers interviewed indeedknew nothing about the industry level contract that covered them Probably thebest-known case of failure of enforcement of collective bargaining can be foundin Wuhan where the local government in a top-down process initiated sectoralnegotiations in 2011 in the restaurant industry Although the sectoral contract hasset wage terms for over 450000 workers from 40000 different establishments in2011 (Xie amp Guo 2011) and has been renegotiated successfully over the last threeyears which has been well covered by mass media recent research (Xie ChenChen amp Xiao 2012) shows that only 569 of employees surveyed were receivingthe wages stipulated in the contract

Despite these issues the ACFTU continues to focus on building collectivebargaining institutions at the industry and regional levels In Guangzhou forinstance the official union has organized the construction industry although nocollective bargaining has been successfully achieved (Friedman 2014b) In additionunion organizing by region has also been identified in areas with clusters of smallbusinesses such as community unions village union associations market unionsoffice building unions and union associations by ownership in development zones(Liu 2010) But we are skeptical of the prospects for institutionalization of collectivebargaining at the regional level given the heterogeneity in industries and firms ina region and given that often workers are not aware of the agreement nor do theyelect their representatives

Quadrant 4 Centralized authentic collective bargaining There are a few instances ofcentralized sectoral bargaining that qualify as authentic Unlike the previousexamples where it was either the local government or the ACFTU that was theprimary engine behind the development of collective bargaining in the case ofWenling the employers were the ones who initiated the project Wenling a town inZhejiang Province contains a knitwear cluster with more than 130 firms employingabout 12000 workers in 2002 In this case employers began spontaneous wagecoordination in an effort to deal with the rising turnover as a result of whatwas an acute labor shortage (Xu 2005) They formed an employer association in2000 and institutionalized wage coordination amongst themselves although not all

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Labor Unrest and Collective Bargaining 179

employers came on board By 2003 the local government stepped in establishingan industrial union which ultimately signed an industry-wide agreement with theemployer association (Wen amp Lin 2015) That contract has been renegotiated everyyear since and is stable although it overwhelmingly focuses on the piece-rates andnot other working conditions Moreover it is a clear case of relatively authenticcollective bargaining arrangement in terms of how well the contract is enforcedThe second author interviewed workers in the industry in 2013 and found that thepiece-rates that were used to pay them was higher than or equal to those stipulatedin the contract

The Wenling model is being increasingly diffused to other areas In all 15industries ndash including the pump sector in a town named Zeguo (Liu 2010) ndashhave carried out similar bargaining by 2012 covering roughly 6100 enterprisesand 400000 workers (Zhang amp Shi 2012) There are reports of cases developingin other textile and garment (Luthje Luo amp Zhang 2013 269) as well as othermanufacturing clusters (Lee 2011) The commonalities across these lsquosuccessfulcasesrsquo is that they are negotiating about the piece-rate at the industry level andwage coordination was welcomed by small and medium-sized firms in order toreduce turnover in a labor shortage situation Therefore success seems to be in partdetermined by employer interest and readiness for collective bargaining as well

DISCUSSION

Moving across Quadrants The Future of Collective Bargaining andThe Roles of Unions and Employers

While the above taxonomy presents a static picture of the varieties of collectivebargaining in China it is important to incorporate a dynamic element specificallywhat makes it possible to move from inauthentic to more authentic collectivebargaining and how might decentralized bargaining connect with more centralizedstructures to create more worker solidarity

How might we expect movement from inauthentic to more authentic bargainingat the firm level (ie from Quadrant 1 to Quadrant 2) Certainly as discussedearlier strikes could trigger such a movement But there are other ways as wellOne strategy recently adopted in Guangzhou and Shenzhen is the grassroots unionelection (namely direct election for grassroots trade union cadres [gonghui zhixuan])When workers are able to elect their own representatives rather than having unionleaders decided by the regional official union or the enterprise it builds the localunionsrsquo autonomy and independence and is one necessary step for the growth ofauthentic bargaining This focus on direct election is growing For instance theShenzhen Federation of Trade Unions announced in 2012 that 163 enterpriseswith more than 1000 employees would all adopt direct election (Eastmoney 2012)The second authorrsquos interview with a key informant involved in Shenzhenrsquos unionelection revealed that approximately 1000 out of the 30000 enterprise unions

Ccopy 2016 The International Association for Chinese Management Research

180 S Kuruvilla and H Zhang

in Shenzhen had lsquocarried out or reached the level of direct union election (dadao

zhixuan shuiping)rsquo by August 2011 In Guangzhou Peng amp Du (2010) report thatseveral hundred of the over 50000 firm unions had been directly elected by 2010The case of direct union elections in Omron (Shenzhen) has been documented inWen (2013) and Hui amp Chanrsquos (2014) work Yet we need more research to properlyevaluate how these elections are conducted

Although the efficacy of direct union elections has been debated (some argue thatthese elections were manipulated by employers or local officials others questionthe degree to which these will be institutionalized in todayrsquos political climate inChina and some suggest that there is rising opposition to direct elections fromboth employers and the state (Chan 2009 Howell 2008 Wen 2013) the availableevidence (Hui amp Chan 2014 Wen 2013) and more recent first hand evidence fromour research in Guangzhoursquos auto industry suggests that thus far democratic unionelections facilitates collective bargaining with real negotiation between workers andemployers including some conflictual negotiations that result in real rather thanformalistic outcomes and hence are more authentic

Movement from Quadrant 3 to 4 (ie from less authentic to more authenticbargaining at the centralized level) appears possible when employers take the firststep in coordinating through employer associations and when the local governmentdirectly intervenes to create industry wide settlements as suggested by the Wenlingmodel However given the lack of a real connection between unions at this leveland the workers they represent and the heterogeneous workplaces that makedirect election of representatives more difficult we are not convinced that such amovement is imminent In addition there are a number of implementation andenforcement failures such as in the case of the restaurant industry in Wuhan thatsuggest the difficulty of achieving meaningful collective bargaining coverage for anentire regional industry

There is some evidence of increased coordination between decentralized andcentralized levels Zhang (2014) finds evidence of links between industry wagestructures and firm level bargaining in a circumstance when lead and supplierfirms belonging to the same value chain in the local labor market are involvedThis indicates some degree of dynamism distinct from the mostly static pictureimplied by our classification This movement of informal coordination appearssimilar to those practices in the West especially in Europe although perhaps it isat a more incipient stage here As Chinese employers in a cluster or industry beginto build better institutional structures to facilitate coordination that will stimulatea similar movement amongst workers and unions and thereby promote industrywide bargaining as well as firm level bargaining

CONCLUSION

In this paper we examine the growth of strikes and collective bargaining in ChinaUsing McAdamrsquos political process model we argued that Chinese workers are

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Labor Unrest and Collective Bargaining 181

striking more and proactively after 2008 The Chinese state has encouraged thegrowth of collective bargaining although its motivations for doing so could beattributed to different interests such as providing a mechanism to resolve laborconflict or to increase wages in its effort to lsquorebalancersquo the economy a necessarycondition to avoid the middle income trap We argued further that we wouldexpect to see considerable variation in collective bargaining based on the differentialinterests of central and local states who are enjoying more autonomy than theydid in the past And our analysis of the official union (ACFTU) and the crises ofidentity and legitimacy that it faces led us to expect that collective bargaining willbe predominantly inauthentic

The evidence largely supports our expectations Chinese workers are clearlystriking more after 2008 and the numbers of strikes from two different sets of datashow steady increases Collective bargaining has also grown sharply after 2008 butthe key agent charged with the responsibility of increasing bargaining coverage (theACFTU) tends to view it generally as a bureaucratic exercise Hence our findingthat much of the incipient collective bargaining in China hews to the inauthenticside of the continuum We also find considerable variation however in collectivebargaining This variation is attributable to the willingness of the state to allowexperimentation and it would appear that different industrial relations actors ielocal labor bureaucracies local employers and local unions exercise considerablefreedom to develop particular structures

While our taxonomy presents a static picture of collective bargaining in Chinatoday we also highlight how it may change in the future under the presentinstitutional structure We have identified several conditions that are necessary forbargaining arrangements to move towards greater authenticity Specifically eventhough the Chinese state is unlikely to permit workers to affiliate with unions of theirchoice reforms within the ACFTU that move it in the direction of increasing itsrepresentative function is one avenue for change An amendment to the GuangdongProvincial Regulation on Collective Contracts for Enterprises is in our view onepathway to more authentic bargaining The regulation is detailed covering notonly the content and subject matter of collective bargaining but includes extensiveprovisions regarding various aspects of collective negotiations Most crucially theregulation specifies clearly that lsquonegotiation representatives of the employees of thefirm must either be selected by the trade union or democratically elected by thestaff and workersrsquo ndash the first time that democratic elections have been specified inany provincial legislation regarding collective bargaining

However despite the growth and variation that we see and despite the promiseimplicit in the Guangdong regulations overall our paper suggests that collectivebargaining in China is at a very incipient stage At this point in 2015 our initialanalyses would suggest that the institution of collective bargaining in China is moreeffective at increasing wages thereby meeting the statersquos interest in rebalancing theeconomy and less effective in meeting the statersquos alternative interest ie representingworkers adequately so as to reduce industrial conflict

Ccopy 2016 The International Association for Chinese Management Research

182 S Kuruvilla and H Zhang

Under what conditions could collective bargaining meet the statersquos alternativeinterest This requires that Chinese unions overcome their problems of identity andlegitimacy A necessary condition is that the state must be willing to provide theunions with more independence What might bring this about The state wouldbe willing to do so if the legitimacy of the CCP is under threat And that couldhappen if industrial conflict and labor exploitation continue to increase despite thenew laws and union activity

However recent decisions suggest that the state has elected to follow an alternativeapproach of improving bargaining effectiveness with more centralization ratherthan providing local union autonomy In 2014 the ACFTU introduced a newfive-year plan (2014ndash2018) to promote collective bargaining Simultaneously inorder to improve collective bargaining effectiveness the ACFTU has adoptednew guidelines to its locals These include the notion that 100 of the workerscovered under CB should be aware of the bargaining and have provided themwith relatively centralized formats that would permit aggregation of data onwages More importantly in May 2015 the central government and CCP releasedlsquoSuggestions for Establishing Harmonious Labor Relationsrsquo ndash the first time thatharmonious labor relations were promoted at the central level in a special documentThese actions suggest that the CCP has acknowledged the shortcomings of thecurrent collective bargaining system (ie poor implementation poor quality ofagreements and the ACFTUs general inability to represent workers) and thethreat of continued industrial conflict to its own legitimacy but is still leery ofproviding local unions and workers with more autonomy that might result in thesuccessful institutionalization of bargaining

How does the development of Chinese unions and collective bargaininginstitutions compare with other Asian nations We might look to both Taiwanand South Korea for parallels Japan however is less comparable because thepost-war development of both unions and collective bargaining developed intandem with democratization (Gould 1984) and was led by employers whointroduced the famous pillars of lifetime employment seniority based wages andenterprise unions in search of labor stability (Hashimoto 1991) In both Koreaand Taiwan however the export oriented industrialization regimes adopted byauthoritarian governments entailed a high degree of control of labor Ratherlike China today Taiwanrsquos policies then required the unions to be affiliated toone central federation (the Chinese Federation of Labor) which was controlled bythe Kuomintang regime (Deyo 1987) Korea adopted a similar approach with thecreation of the Federation of Korean Trade Unions created by the governmentHowever in contrast to Taiwan (where the workforce was mostly composed oflabor working in agriculture and small scale industries) Korearsquos labor movementeven under authoritarian governments developed a stronger working class identityDeyo (1987) and Chu (1998) argue due to the tradition of nationalist mobilizationagainst the Japanese occupation large sized firms involved in heavy industries andhigh industry concentration Both countries democratized in the late 1980s Given

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Labor Unrest and Collective Bargaining 183

their historical weakness the labor movement in Taiwan did not play a major rolein the democratization processes unlike the Korean labor movement which was acentral player in the process in Korea Consequently post democratization Koreanunions aggressively demonstrated their power through waves of strikes (Chu 1998)that resulted in the formal institutionalization of a new industrial relations regimealong pluralist lines Taiwanrsquos labor movement given its historical weakness did notassert themselves as strongly after democratization although a new labor relationsregime developed thereafter Thus although there was broad similarity in termsof state control of labor in Korea Taiwan and China that similarity ended in the1980s upon democratization in Korea and Taiwan The Chinese labor movementstill remains under state control and the future evolution of both labor unions andcollective bargaining is as we have argued earlier in this paper dependent on CCPrsquosstrategies

Having developed a lsquobaselinersquo taxonomy of collective bargaining how mightfuture research advance our knowledge about collective bargaining in China Mostimportantly we need research (detailed case studies) on how collective bargainingis conducted in different parts of China As Friedman and Kuruvilla (2014) haveargued there is much experimentation and decentralization and more empiricalevidence of these processes are clearly necessary in order to evaluate what worksbest in which locations and why We specifically need more case studies ofauthentic bargaining Second we need analyses of collective bargaining contracts(on both a national and regional scale) in order to determine which are the keyissues of contention between management and labor and how they are changingovertime More research on the various experiments regarding union electionsand the impact of these on bargaining processes and outcomes is a key need aswell Thus there are plenty of opportunities for cutting edge research in collectivebargaining in China and we hope that Chinese management scholars would answerthis call for research into a crucial national human resource issue

NOTES

We thank Manfred Elfstrom and Eli Friedman for comments on an earlier version of this article andthe faculty at Renmin University School of Labor and Human Resources for hosting us[1] There have been various administrative provisions for collective negotiations since 1994 but

legal backing was only granted via the Labor Contract Law beginning in January 2008[2] According to the National Bureau of Statistics (NBS) the term lsquoenterprises above designated

sizersquo points to those industrial legal person enterprises whose yearly main business incomes equalto or are more than 5 million yuan (2009)

[3] The political geography in China divides the country into three levels of bureaucracies below thenational level namely the provincial level the citycounty level and the township level (Note thata village government is not an official bureaucracy but a villagersrsquo self-management organization)However as a legacy of the Kuomintang regime most cities include and administrate severalcounties and therefore the de facto bureaucratic system in China ndash according to which bothofficial unions and governments are structured ndash actually has four levels ie the provincial levelthe city level the countydistrict level and the township level

[4] We admit the possibility that the growing trend may be partially because of a betterdocumentation system now than before

Ccopy 2016 The International Association for Chinese Management Research

184 S Kuruvilla and H Zhang

REFERENCES

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Blecher M 1991 Development state entrepreneurial state The political economy of socialist reformin Xinji Municipality and Guanghan County In G White (Ed) The Chinese state in theera of economic reform The road to crisis 265ndash294 Basingstoke Macmillan

Blecher M amp Shue V 1996 Tethered deer Government and economy in a Chinese countyStanford CA Stanford University Press

Brown R 2006 Chinarsquos collective contract provisions Can collective negotiations embody collectivebargaining Duke Journal of Comparative and International Law 35 35ndash77

Cai F 2007 Zhongguo jingji mianlin de zhuanzhe jiqi dui fazhan he gaige de tiaozhan (The turningpoint faced by the Chinese economy and the challenge it presents to development and reform)Zhongguo Shehui Kexue (Social Sciences in China) 2007(3) 4ndash12

Chan A 1993 Revolution or corporatism Workers and trade unions in post-Mao China TheAustralian Journal of Chinese Affairs 29 31ndash61

Chan A 2009 Challenges and possibilities for democratic grassroots union elections in China Acase study of two factory-level elections and their aftermath Labor Studies Journal 34(3)293ndash317

Chan C K C amp Hui E S I 2014 The development of collective bargaining in China Fromlsquocollective bargaining by riotrsquo to lsquoparty state-led wage bargainingrsquo The China Quarterly217(1) 221ndash242

Chan K W 2010 A China paradox Migrant labor shortage amidst rural labor supply abundanceEurasian Geography and Economics 51(4) 513ndash530

Chang K 2013 Laogong guanxi jitihua zhuanxing yu zhengfu laogong zhengce de wanshan (Thecollective transformation of industrial relations and improvement of labor policies) ZhongguoShehui Kexue (Social Sciences in China) 2013(6) 91ndash108

Chen F 2003 Between the state and labour The conflict of Chinese trade unionsrsquo double identityin market reform The China Quarterly 176 1006ndash1028

Chen F 2007 Individual rights and collective rights Laborrsquos predicament in China Communistand Post-Communist Studies 40(1) 59ndash79

Chen F 2010 Trade unions and the quadripartite interactions in strike settlement in China TheChina Quarterly 201 104ndash124

Chu Y W 1998 Labor and democratization in South Korea and Taiwan Journal ofContemporary Asia 28(2) 185ndash202

Clarke S Lee C amp Li Q 2004 Collective consultation and industrial relations in China BritishJournal of Industrial Relations 42(2) 235ndash254

Deyo F C 1987 State and labor Modes of political exclusion in the East Asian development InF C Deyo (Ed) The political economy of the new Asian industrialism Ithaca NYCornell University Press

Eastmoney 2010 Zhixuan gonghui zhihou (After the direct election of the union)[Cited 14 September 2013] Available from URL httpmoneyeastmoneycomnews158320120918251427566html

Eisenhardt K 1989 Building theories from case study research Academy of ManagementReview 14(4) 532ndash550

Elfstrom M amp Kuruvilla S 2014 The changing nature of labor unrest in China Industrial andLabor Relations Review 67(2) 453ndash480

Frenkel S amp Kuruvilla S 2002 Logics of action globalization and changing employment relationsin China India Malaysia and the Philippines Industrial and Labor Relations Review55(3) 387ndash412

Friedman E D 2014a Insurgency trap Labor politics in postsocialist China Ithaca NYCornell University Press

Friedman E D 2014b Economic development and sectoral unions in China Industrial andLabor Relations Review 67(2) 481ndash503

Friedmand E D amp Kuruvilla S 2015 Experimentation and decentralization in Chinese industrialrelations Human Relations 68(2) 181ndash195

Friedman E amp Lee C K 2010 Remaking the world of Chinese labour A 30-year retrospectiveBritish Journal of Industrial Relations 48(3) 507ndash533

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Labor Unrest and Collective Bargaining 185

Gallagher M E 2005 Contagious capitalism Globalization and the politics of labor inChina Princeton Princeton University Press

Gallagher M E 2010 lsquoWe are not machinesrsquo Teen spirit on Chinarsquos shopfloor China Beat [Cited31 March 2015] Available from URL httpwwwthechinabeatorgp=2538

Gallagher M E amp Dong B 2011 Legislating harmony Labor law reform in contemporaryChina In S Kuruvilla C K Lee amp M E Gallagher (Eds) From iron rice bowl toinformalization Markets workers and the state in a changing China Ch3 IthacaNY Cornell University Press

Gallagher M E 2014 Chinarsquos workers movement and the end of the rapid-growth era Daedalus143(2) 81ndash95

Gould W B 1984 Japanrsquos reshaping of American labor law Cambridge MA MIT PressHashimoto M 1991 The industrial relations system in Japan An interpretation and policy

implications Managerial and Decision Economics 12 147ndash157Howell J A 2006 Reflections on the Chinese state Development and Change 37 273ndash

297Howell J A 2008 All-China Federation of Trades Unions beyond reform The slow march of direct

elections The China Quarterly 196 845ndash863Hu Y 2011 Shenme shi jiti hetong lsquoCaihong Jihuarsquo (What is the collective contract lsquoRainbow Planrsquo)

[Cited 14 September 2013] Available from URL httpwwwhaishang-lawcomArticlezhuanyeyanjiulaodongjiufen2011046155html

Hui E S I 2011 Understanding labour activism The Honda workersrsquo strike In C Scherrer (Ed)Chinarsquos labor questions Ch3 Munchen Mering Germang Rainer Hampp

Hui E S I amp Chan C K C 2014 Beyond the union-centered approach A critical evaluation ofrecent trade union elections in China British Journal of Industrial Relations

Katz H amp Darbishire O 2002 Converging divergences Worldwide changes inemployment systems Ithaca NY Cornell University Press

Katz H C Kochan T A amp Colvin A J S 2014 Labor relations in a global world Anintroduction focused on emerging countries Ithaca NY Cornell University Press

Lee C H 2011 Between the hierarchy and market Emerging mezzo-corporatistindustrial relations in China Unpublished manuscript

Lee C K 2007 Against the law Labor protests in Chinarsquos Rustbelt and Sunbelt BerkeleyUniversity of California Press

Liu M 2010 Union organizing in China Still a monolithic labor movement Industrial andLabor Relations Review 64(1) 30ndash52

Luo S 2011 Collective contracts but no collective bargaining In C Scherrer (Ed) Chinarsquos laborquestions Ch3 Munchen Mering Germang Rainer Hampp

Luthje B 2012 Diverging trajectories Economic rebalancing and labor policiesin China East-West Center Working Paper No 23 [Cited 31 March 2015] Avail-able from URL httpwwweastwestcenterorgpublicationsdiverging-trajectories-economic-rebalancing-and-labor-policies-china

Luthje B Luo S amp Zhang H 2013 Beyond the Iron Rice Bowl Regimes of productionand industrial relations in China Frankfurt amp New York Campus

McAdam D 1999 Political process and the development of Black Insurgency 1930ndash19702nd ed Chicago and London The University of Chicago Press

McDermott E P 2010 Industrial relations in China Ball of Confusion In K Townsend ampA Wilkinson (Eds) Research handbook on work and employment relations Ch16United Kingdom Edward Elgar Publishing

Meng Q 2012 Tanpan youxi zhong de lsquoshuoherenrsquo Yi DLDA qu wei li (The lsquomediatorrsquo in thebargaining game A case of DLDA) Qinghua Shehuixue Pinglun (Tsinghua SociologicalReview) 6 206ndash222

Meng Q Lu J Lei X Wang R amp Chang C 2011 2010 Zhongguo bagongchaodiaocha yu fenxi baogao (Report on the 2010 strike wave in China) Unpublishedmanuscript

OECD 2013 Protecting jobs enhancing flexibility A new look at employment protectionlegislation In OECD Employment Outlook Ch2 [Cited 31 March 2015] Available from URLhttpdxdoiorg101787empl_outlook-2013-en

Oi J 1995 The role of the local state in Chinarsquos transitional Economy The China Quarterly 1441132ndash1149

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186 S Kuruvilla and H Zhang

Peng M amp Du Q 2010 Quanzong guli tansuo gonghui zhuxi zhixuan (The ACFTUencourages direct elections of union chairs) [Cited 14 September 2013] Available fromURL httpepaperoeeeecomAhtml2010-0911content_1175401htm

Pan P P 2009 Out of Maorsquos shadow The struggle for the soul of a new China New YorkSimon amp Schuster

Rapoza K 2011 In coastal China a labor shortage Forbes [Cited 31 March2015] Available from URL httpwwwforbescomsiteskenrapoza20111220in-coastal-china-a-labor-shortage

Silver B J amp Zhang L 2009 China as an emerging epicenter of world labor unrest In H-F Hung(Ed) China and the transformation of global capitalism Baltimore Johns HopkinsUniversity Press

Stockmann D amp Gallagher M E 2011 Remote control How the media sustain authoritarian rulein China Comparative Political Studies 44(4) 436ndash467

Taylor B Chang K amp Li Q 2003 Industrial relations in China Cheltenham Edward ElgarTaylor B amp Li Q 2007 Is the ACFTU a union and does it matter Journal of Industrial

Relations 49(5) 701ndash715Taylor B amp Li Q 2010 Chinarsquos creative approach to lsquounionrsquo organizing Labor History 51(3)

411ndash428Tarrow S 1998 Power in movement Social movements and contentious politics New

York Cambridge University PressThe China Post 2012 China eyes 13 minimum wage rise in 5 years [Cited 31 March

2015] Available from URL httpwwwchinapostcomtwbusinessasia-china20120209331042China-eyeshtm

The Economist 2012 A dangerous year Unrest in China [Cited 31 March 2015] Available fromURL httpwwweconomistcomnode21543477

Unger J 2002 The transformation of rural China Armonk NY M E SharpeUnger J amp Chan A 1995 China corporatism and the East Asian model The Australian Journal

of Chinese Affairs 1995 29ndash53Venn D 2009 Legislation collective bargaining and enforcement Updating the OECD

employment protection indicators [Cited 31 March 2015] Available from URLhttpwwwoecdorgemploymentemp43116624pdf

Wang Z 2012 More workers staying near home China Daily [Cited 31 March 2015] Available fromURL httpwwwchinadailycomcnchina2012-0428content15166329htm

Warner M amp Ng S H 1999 Collective contracts in Chinese enterprises A new brand of collectivebargaining under lsquomarket Socialismrsquo British Journal of Industrial Relations 37(2) 295ndash314

Webb S amp Webb B 1897 Industrial democracy London New York amp Bombay LongmansGreen amp Co

Wen X amp Lin K 2015 Reconstituting industrial relations The experience of Wenling Journalof Contemporary China 24(94) 665ndash683

Wen X 2013 Gonghui zhixuan Guangdong shijian de jingyan yu jiaoxun (Union directelection Lessons from Guangdong) Paper presented at the 6th Annual Congress ofChina Labor Relations Association of the China Human Resource Development AssociationGuangzhou November 2013

Weston T B 2004 The iron man weeps Joblessness and political legitimacy in the Chinese rustbelt In P H Gries amp S Rosen (Eds) State and society in 21st century China Crisiscontention and legitimation 67ndash86 New York RoutledgeCurzon

Wu Q 2012 Jiti xieshang yu guojia zhudao xiade laodong guanxi zhili (Collective negotiationand state-oriented labor relations governance) Shehuixue Yanjiu (Sociological Studies)2012(3) 66ndash89

Xie Y amp Guo Y 2011 Zhongguo shi gongzi jiti xieshang moshi tansuo Wuhan shi canyin hangyegongzi jiti xieshang diaocha (A survey of collective consultation on wages in the catering industryin Wuhan) Zhongguo Laodong Guanxi Xueyuan Xuebao (Journal of China Instituteof Industrial Relations) 25(6) 54ndash58

Xie Y Chen J Chen P amp Xiao Q 2012 Zhongguo hangye gongzi jiti xieshang xiaoguode shizheng fenxi Yi Wuhan canyin hangye weili (An empirical analysis of industrialbargaining outcomes in China An example from the Wuhan restaurant and catering industry)Jingji Shehui Tizhi Bijiao (Comparative Economic and Social Systems) 2012(5)55ndash67

Ccopy 2016 The International Association for Chinese Management Research

Labor Unrest and Collective Bargaining 187

Xu X 2005 lsquoZiran zhuangtairsquo de gongzi jiti xieshang Zhongguo nanfang mouzhen yangmaoshanhangye gongzi jiti xieshang (Collective consultation and discussion on the wages under thelsquonatural conditionrsquo) Tianjin Gonghui Guanli Ganbu Xueyuan Xuebao (Journal ofTianjin Trade Union Administratorsrsquo College) 13(3) 29ndash32

Zhang H 2014 Informality in Chinarsquos collective bargaining Unpublished Masters thesisCornell University Ithaca NY

Zhang J amp Shi Y 2012 Guanyu hangye jiti xieshang qingkuang de diaocha baogao (Survey onindustrial collective negotiation) Zhongguo Laodong Guanxi Xueyuan Xuebao (Journalof China Institute of Industrial Relations) 26(4) 51ndash57

Sarosh Kuruvilla (sck4cornelledu) is Professor of Industrial RelationsAsian Studies and Public Affairs at Cornell University and Visiting Professor atthe London School of Economics His research focuses on the linkage betweeneconomic development strategies and labor and human resources policies Hehas published numerous articles and 3 books on various aspects of labor relationsin Asia He is currently researching collective bargaining in ChinaHao Zhang (hz256cornelledu) is a PhD student at Cornell UniversityrsquosSchool of Industrial and Labor Relations His primary research focus is laborand employment relations with special attention to China And he has ongoinginterests in globalization development political economy skill formationproduction and work

Manuscript received September 18 2014Final version accepted September 28 2015 (number of revisions ndash 2)Accepted by Editor-in-Chief Arie Lewin

Ccopy 2016 The International Association for Chinese Management Research

  • INTRODUCTION
  • THEORETICAL PERSPECTIVES
    • Worker Militancy
    • State Promotion of Collective Bargaining
    • Variations in Collective Bargaining
    • The Future of Collective Bargaining
      • METHODOLOGY
      • RESULTS
        • Strikes
        • Collective Bargaining
        • Emerging Variation Varieties of Collective Bargaining in China
          • DISCUSSION
            • Moving across Quadrants The Future of Collective Bargaining and The Roles of Unions and Employers
              • CONCLUSION
              • NOTES
              • REFERENCES

Labor Unrest and Collective Bargaining 161

Structural and Political Opportunities

Cognitive Cues

Cognitive Liberation

Mobilizing Structures

Collective Action

Labor Shortages

News Labor Laws and Policies

NewProactive

lsquoBread and Butterrsquo

Demands

Mafia

NGOs

Native-Place Assns

Variety of Tactics

Media

Coverage

RecruitmentPatternsHigher Wages

Figure 1 A lsquopolitical processrsquo model of Chinese labor activism (based on) McAdam (1999)

union independence from the party in order to increase its own legitimacy Thatis not the case currently If anything the CCP is tending toward greater controlrather than less Therefore while we speculate in the paper with regard to theStatersquos interest we do not have a basis to make strong predictions with regard tothe statesrsquo future policies with regard to both unions and collective bargaining

THEORETICAL PERSPECTIVES

Worker Militancy

The first key question raised in this paper is with regard to why labor conflictmeasured in terms of the number of strikes is increasing in China since 2008Prior research has suggested that strikes are limited in number (although estimatesvary) and there is variation in worker militancy based on the nature of workers(whether migrants or SOE) regional differences ownership differences and thedegree of state suppression of strikes The literature also suggests that most strikesare lsquodefensiversquo in nature trying to protect existing rights and benefits (see Lee 2007Luthje 2012 Pan 2009 Weston 2004) In this paper we argue that strikes todayare very different In our current and ongoing work we rely on McAdamrsquos (1999)lsquopolitical processrsquo model (see Figure 1) to explain the rising militancy of Chineseworkers For McAdamrsquos framework to be applicable to the Chinese labor contextwe would expect certain factors to be present First economic and political factorsthat influence workersrsquo bargaining power should exist And second workers shouldexperience lsquocognitive cuesrsquo

The key economic condition is that since early 2009 China has developed a laborshortage on its coasts and increasingly elsewhere (see for example Rapoza 2011)Gallagher (2011) links the increase in labor militancy and bargaining power tothe shortage of workers and argues that these shortages are a function of threeissues the decline in the working population as a consequence of the one childpolicy policy changes in agriculture (sharp cuts to the taxes paid by farmers andstimulus-driven increases in rural infrastructure) that are raising the lsquoopportunity

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162 S Kuruvilla and H Zhang

costsrsquo of working on the coast and reducing migration to the cities thus deprivingthem of workers and finally institutional discrimination against migrants as a resultof the hukou system Clearly rural workers are increasingly staying at home A pollof 200000 migrant workers in 2011 found that more chose to work in their homeprovinces than chose to go elsewhere (Wang 2012) Capital is moving away fromsoutheastern export processing zones like the Pearl River Delta Chongqing forinstance lsquofor the first time employed more of its surplus rural workforce locallythan it sent to other areasrsquo in 2011 (The Economist 2012) Whether permanentor temporary the shortage has served to increase labor militancy and bargainingpower reflected particularly in increasing demands for wages

The key political factor has been the statersquos policy regarding worker protectionand collective bargaining as well as the new media openness (at least until 2013)which serve to further increase the bargaining power of workers In 2008 thestate embarked on a lsquolegislative onslaughtrsquo enacting a range of pro-labor pieces oflegislation including the lsquoLabor Contract Lawrsquo lsquoEmployment Promotion Lawrsquo andthe lsquoLabor Dispute Mediation and Arbitration Lawrsquo And in 2012 new nationallsquoRegulations on Consultation and Mediation for Labor Disputes in Enterprisesrsquowent into effect These reforms essentially introduced stronger protections forworkers (Friedman amp Lee 2010 McDermott 2010) Elfstrom and Kuruvilla (2014460) note that these laws taken together lsquoamount to an official acknowledgmentof the massive scale of worker unrest as well as a new interest in containingconflict through providing it with legitimate channels not attempting to eliminateit entirelyrsquo Thus it could be argued that Chinarsquos lsquopolitical opportunity structurersquofor workers (Tarrow 1998) has also shifted

In terms of lsquocognitive cuesrsquo workers experienced these changes in many differentways As Elfstrom and Kuruvilla (2014 460) note lsquoCompaniesrsquo efforts to lsquoreverse-marketrsquo themselves as ldquopreferred employersrdquo by actively recruiting in working classneighborhoods (rather than waiting for workers to line up at factory doors desperatefor work) by building better dormitories by publishing factory magazines and byforming ldquotask forcesrdquo of employee representatives may be received by workingpeople as powerful ldquocuesrdquo that the balance of power has shifted and that they(workers) hold greater leverage over capital than a decade agorsquo Rising earningsmay send similar signals Wage hikes in recent years have been dramatic Migrantsrsquoaverage monthly salaries increased by 212 percent in 2011 over the year before thegovernment has decreed that lsquothe average growth of Chinarsquos minimum wages shouldbe at least 13 percentrsquo through 2015 and should constitute lsquo40 percent of averagelocal salariesrsquo (The China Post 2012) A series of strikes at auto parts suppliers anda rash of suicides (and subsequently investigative reports) in a Foxconn factory inShenzhen have led to high wage increases exceeding 20 at Honda plants Equallyimportantly media coverage of new labor laws like those noted above and greaterreporting on strikes may provide lsquocuesrsquo that more activism is tolerated by authoritiesThe Labor Contract Law was the subject of widespread domestic media reportsfocusing on individual cases of workers who successfully used the law lsquoas a weaponrsquo

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Labor Unrest and Collective Bargaining 163

Stockmann and Gallagher (2011) note that by telling lsquogrittyrsquo stories of mistreatmentand eventual redemption via arbitration and court Chinese state newspapers bothattract readers (serving the needs of an increasingly commercialized press) andaccording to surveys conducted by Stockmann and Gallagher increase trust in theefficacy of legal activism

Importantly the state has allowed more open discussion of industrial strife Theyear 2008 marked the rollout of what has been dubbed Chinarsquos lsquoControl 20rsquoapproach to media and public opinion Communist Party Secretary Hu Jintao calledfor lsquoreleasing authoritative information at the earliest moment raising timelinessincreasing transparency and firmly grasping the initiative in news propagandaworkrsquo (Bandurski 2008 1) However strikes and other worker lsquomass incidentsrsquohave since received increased coverage albeit with a Party-approved slant This hasmeant that workers hear more about other workersrsquo activism than ever before AsElfstrom and Kuruvillarsquos (2014) qualitative interviews suggest lsquoThe Honda strike in

particular gave workers a new momentum It awakened themrsquo and lsquoThe Honda strike had a

big impact on workersrsquo opinions because of the media attention given to the strike Similar strikes

occurred in the past but without the same attentionrsquoWe would therefore expect lsquocognitive liberationrsquo to take place workers should

demand higher wages more attention to the details of working life and wouldstrike if their demands were not met We would expect both quantitative shift interms of an increasing number of strikes and we would expect pro-active strikesfor a variety of instrumental reasons We would expect more strikes in all regionsof China in contrast to regional differences identified in prior research

State Promotion of Collective Bargaining

The Chinese government has since 2008 embarked on a coordinated effort toincrease collective bargaining It has done so via three separate initiatives a changein the role of the Ministry of Human Resources and Social Security (MOHRSS) theinclusion of provisions for collective contract negotiations in the new labor laws ofthe 2007ndash2010 period (discussed above)[1] and most importantly the instructionsof the ACFTU to increase union organizing and collective bargaining coverageacross the country The primary change in the role of the MOHRSS has beento make it more responsible for the growth of collective bargaining The LaborContract Law contains six articles about collective contracts stipulating the contentof collective bargaining and the right to ratify a collective bargaining agreementof the workersrsquo congress And two articles focus specifically on the establishmentof relatively centralized ndash regional and industry level ndash bargaining Finally thestate and the ACFTU articulated the lsquoRainbow Planrsquo (2008) to introduce collectivebargaining in enterprises Specific targets were established ie collective contractsshould be generally established in enterprises above a designated size[2] in EastChina by 2009 in Central China by the end of 2010 and in the whole country bythe end of 2012 Meanwhile they continued to encourage (without specific targets)

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164 S Kuruvilla and H Zhang

industry-wide or regional agreements to cover those nonunionized or small tomedium-sized enterprises (Hu 2011) What explains the statersquos interests in doing so

We do not yet have a coherent theory of the Chinese statersquos interests In facta variety of concepts can be found in the literature to characterize the Chinesestate and will not be repeated here (see Howell 2006 for a comprehensivereview) Howell (2006 274) suggests that the proliferation of terms to describethe Chinese state (development state entrepreneurial state the corporatist statethe dual developmental state the market facilitating state) by authors such asBlecher (1991) Blecher and Shue (1996) and Oi (1995) masks a lsquodeeper processof state fragmentation that fosters contradictory and complex patterns of statebehaviorrsquo Howell (2006 275) suggests that to understand the Chinese state todaywe must recognize that the state lies between various categories displaying lsquoelementsof efficiency and inefficiency of control and chaos of relative autonomy andclientelism of neoliberalism and neocorporatismrsquo This conception of the Chinesestate allows it to be best understood as lsquopolymorphous assuming multiple complexforms and behaviours across time and spacersquo (Howell 2006 276) and provides uswith a better understanding of state interests in developing collective bargaining

One explanation for the statersquos action to increase collective bargaining drawsprimarily on the basic and long established institutional theory about industrialconflict and collective bargaining developed by the Webbs in their influential workIndustrial Democracy (1897) The Webbsrsquo solution to labor conflict (consisting of lsquothedevice of the common rulersquo [basic minimum standards legislation] on the one handand on the other hand collective bargaining to equalize power between labor andmanagement) has been the basis for most approaches states the world over havetaken to reduce industrial conflict under what Frenkel and Kuruvilla (2002) term lsquoalogic of labor peacersquo The Chinese governmentrsquos response in encouraging collectivebargaining is in many ways consistent with this explanation in that it has enactedminimum standards legislation and is increasing collective bargaining coverage butit is doing so in ways that do not result in the formation of free labor unions iethe state here is corporatist and neoliberal at the same time

An alternative perspective is that the statersquos labor policy is based on lsquodecentralizedlegal authoritarianismrsquo (Friedman amp Lee 2010) which suggests a great emphasison legal system building (Gallagher 2005) in order to steer the reform of the socialgovernance system in general and the labor relations system in particular towardsan authoritarian lsquorule by lawrsquo system (Friedman amp Lee 2010) This explains themany legislations increasing labor protection during the 2007ndash2010 period with theresult that OECD has ranked the strictness of employment protection in Chineselabor and employment laws as among the highest in major countries (OECD 2013Venn 2009) This also explains why the state has encouraged legal mobilizationand seeks to channel labor conflict into the judicial and semi-judicial system(Gallagher amp Dong 2011 Lee 2007) in part to maintain political control Giventhat labor peace (ie no strikes) can be achieved by strong protective legislation onminimum standards as well as effective dispute resolution mechanisms the statersquos

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Labor Unrest and Collective Bargaining 165

encouragement of collective bargaining (an essentially democratic concept whichimplies some amount of independent agency on the part of workers) which mightresult in collective activity that might threaten the regime remains puzzling

Yet another explanation for the statersquos encouragement of collective bargainingcan be found in the conception of the lsquodevelopmentalrsquo state As Friedman andKuruvilla (2015) note at the firm level high rates of labor turnover and severe laborshortages have come to be one of the key limits to future growth The inability toretain a stable workforce has pushed employers in the industrial centers in coastalareas to look elsewhere Cai (2007) has suggested that China may be at the lsquoLewisianturning pointrsquo when labor scarcity begins to shift the economy away from laborintensive input-driven growth to enhanced productivity declining inequality andgreater domestic consumption On the other hand Chan (2010) argues that thecountry has not yet reached a Lewisian turning point but is instead experiencinga series of shorter-term mismatches of ages skills and demand However at thenational level the state has espoused the goal of lsquoeconomic rebalancingrsquo makinghousehold consumption rather than state-driven investment the key engine foreconomic growth an important consideration to avoid the lsquomiddle income traprsquothat the World Bank has predicted that China will reach in 2030 In 2010 Chinarsquoshousehold consumption as a share of GDP was only 38 while similar figures forBrazil Germany India and the USA are higher than 60

The state has already acted At the 2013 plenum the CCP outlined a planto increase the role of markets in resource allocation by 2018 along with arange of policies that loosen various institutional interdependencies granting moreautonomy to local governments but at the same time making the judiciary lessdependent on local governments Economic rebalancing calls for industrial policiesthat stimulate domestic demands and strengthen citizensrsquo purchasing power andmarket-oriented institutions to have wages increased in tandem with industrial andeconomic growth Wage growth is particularly important and here we find analternative explanation for the statersquos encouragement of collective bargaining TheCCPrsquos 17th National Congress (2007) laid out the general target of establishingmechanisms for regular wage increases in enterprises First in 2008 and then againin 2014 collective bargaining was written into the central governmentrsquos work reportto the Peoplersquos Congress where the government announced the establishmentof mechanisms for regular wage increases in enterprises to deepen the reformof the income distribution system Encouraging the ACFTU to establish collectivebargaining in every establishment can be seen as one way to satisfy the statersquos interestto increase wages and move the economy into higher value added productivity basedgrowth

A different basis for the statersquos promotion of collective bargaining lies in its role asa regulator enacting policies consistent with the vision of a lsquoharmoniousrsquo society anoverarching concept adopted by the CCP during the Hu Jin Tao regime The statehas a keen interest under this conception in limiting the growth in inequality Inthe 30 years since economic reform began China has gone from being the worldrsquos

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166 S Kuruvilla and H Zhang

most equal large economy with a gini coefficient of approximately 026 in 1979 toamongst the most unequal large economies (with a gini coefficient of 047 in 2012)The widening income inequality is seen as a potential threat to political stability (agini coefficient of 040 is seen as the lsquosecurity linersquo) Again a variety of actions in thelabor arena can be seen as inequality reduction mechanisms notably the plethoraof laws that promote equal pay and move workers from the informal sphere tothe formal sphere Collective bargaining and especially industry wide collectivebargaining is one way to standardize wages and benefits within industries

Variations in Collective Bargaining

Although the central state promotes collective bargaining using uniformmechanisms at the national level there is significant variation in the developmentof collective bargaining mechanisms rules and in institutionalization across ChinaWhat might explain this variation In most countries variations in collectivebargaining processes can be linked to differences in bargaining structure (whichin turn depends on the structure of unions and employers) as well as differentregulations across states or regions (see Katz amp Darbishire 2002) The state inChina through its Labor Contract Law has promoted some variation in that itsupports both collective bargaining at the firm level as well as collective bargainingat the industry level (articles 53 and 54) Friedman and Kuruvilla (2015) argue thatChina is taking an experimental gradualist and decentralized approach to theintroduction of collective bargaining and to labor relations reform They suggestthat there are a number of ways in which the central state promotes or allows localexperimentation One the one hand the ACFTU has consciously undermined thepower of the nationally organized industrial unions in favor of regionally basedfederations to prevent them from developing potentially an independent base ofpolitical power Hence much of the experimentation we see is at the enterprise levelBut we must remember that provincial and local governments also have interestsAnd local governments play a major role in promoting collective negotiationsFor instance Friedman and Kuruvilla (2015) note that the Binhai new district inTianjin provides firms with a subsidy equal to 15 of the total increase in wage billthat comes about through collective bargaining Clearly the local government hasinterests in raising wages and wants to incentivize firms to use collective bargainingregularly Other local governments encourage collective bargaining because it mayprevent strikes and the general instability that ensues as a result of public protestsSeveral provinces have enacted detailed regulations that go above and beyond thenational regulations with regard to collective bargaining Recently Guangdongprovince enacted bargaining regulations taking effect in January 2015 which notonly provide for employer obligation to bargain but even more far reaching allowthe direct election of worker representatives by workers The point here is that wewould expect to see considerable variation in collective bargaining based on theinterests of different provincial and municipal governments But these variations are

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Labor Unrest and Collective Bargaining 167

tolerated and in fact encouraged by the central state and as argued by Friedmanand Kuruvilla (2015) consistent with the statersquos approaches in other arenas Forinstance the state has allowed a variety of experimentations with market reform todevelop in the provinces which has resulted in experiments with decollectivizationof land (Unger 2002) If regions proved successful their models could be promotedthroughout the country We argue that the state is taking a similar approachwith regard to collective bargaining In part given the differences in employmentstructure ownership industry workforce composition across regions provincesand cities a differentiated approach is necessary However the statersquos toleranceof diversity coexists with a key requirement that independent forms of workerorganization are banned

In sum we suggest that the central and local states promote collective bargainingfor a variety of different interests and that we should expect to see a variation incollective bargaining arrangements across different provinces and regions HenceHowellrsquos conception of the Chinese state as a polymorphous one is best suited to theanalysis of its motivations for promoting collective bargaining In order to predictthe future direction of collective bargaining we then turn to an analysis of Chineseunions and employers

The Future of Collective Bargaining

As noted earlier the future of collective bargaining depends heavily on the degreeto which it is institutionalized which in turn depends on the ability and willingnessof employers and trade unions to adopt the process At the moment we arguethat it is at an incipient stage The state has established the basic framework via itsTripartite Conference on the Coordination of Labor Relations (xietiao laodong guanxi

sanfang huiyi) involving the labor ministry the ACFTU and the China EnterpriseConfederation-China Enterprise Directorsrsquo Association (CEC-CEDA) ndash a semi-official employer association in China in 2001 (Brown 2006) The tripartite systemwas strengthened in February 2005 when the lsquoCircular on Further Advancingthe Collective Wage Negotiationrsquo was published by the three parties requiring allbranches of the three parties at different levels to collaboratively work together toincrease collective bargaining The statersquos lsquolegislative onslaughtrsquo in 20078 for thefirst time created a legal basis for collective bargaining And finally the state hasinstructed the ACFTU to organize workplaces and establish collective bargainingin all workplaces articulated now through the lsquorainbowrsquo plan

Since the primary engine for collective bargaining growth apparently rests onthe ACFTU it is useful to theoretically examine its evolution The key questionhere is whether the ACFTU can effectively represent Chinese workers in collectivenegotiations There are two primary lines of debate and argument with regardto the role of the ACFTU The first concerns the ACFTUrsquos identity whether it isfunctioning in largely path dependent ways and has not yet made the transition toa new role in a market based society The second is that the ACFTU suffers from

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168 S Kuruvilla and H Zhang

a crisis of legitimacy in that most workers do not trust the union or see it as effectiveWe discuss each in turn below

With regard to whether the role of the ACFTU has transformed Chen hasargued that the ACFTU remains stuck to its lsquodouble institutionalrsquo identity as bothan apparatus of the state (acting on behalf of the nationrsquos collective good) and asa labor organization to protect workersrsquo interests (Chen 2003) In the old systemChen argues that the ACFTU did not quite experience tensions between its tworoles largely because its representation function was lsquoactually absorbed by thestatersquo given that its paternalistic labor regime under the lsquoiron rice bowlrsquo system ofemployment guaranteed workers economic interests such as work pay health careand social security But under a market based system it is increasingly experiencingthese tensions especially as industrial disputes and worker militancy increase

Yet the extent to which the ACFTU has evolved in a more representativedirection remains contested Chan (Chan 1993 Unger amp Chan 1995) argues thatthe ACFTU played an effective corporatist role in the socialist period but is likelyto continue this in the market era because the statersquos needs to effectively bridge thegap between the grassroots and the state in the market economy has created spacefor the ACFTU among other such organizations to incorporate worker voice intothe bureaucratic system of the state Chan (1993) predicted that the ACFTU wouldtransform from its state corporatist role to that of a more societal corporatist rolethat features lsquoa coalescing of horizontal interests from the bottom upwardrsquo

However Friedman (2014a) does not see a promising corporatist future for theACFTU for three reasons First corporatism requires that workersrsquo voices aresuccessfully incorporated into the system while the ACFTU does not incorporateworkers voices Second corporatism requires that workers give up political demandsin exchange for economic benefits and therefore implies a relatively de-commodifiedmodel of social governance whereas in China workers clearly do not enjoysufficiently such benefits Third however co-opted a union under corporatismis it is a somewhat independent intermediary organization between the grassrootsand the state while the ACFTU is clearly part of the state apparatus with no suchindependence

That being said clearly there is some transition to a more representative roleof the ACFTU Chen (2003) documents the increasing ways in which unions aretaking up their representative function with regard to individual if not collectivedisputes The ACFTU has carried out reforms and lsquoexperimentsrsquo at both centraland local levels In the arena of organizing unions at all levels have developedvarious models (ie the traditional ACFTU pattern the union association patterand the regional industry-based pattern) to strategically organize workers (Liu2010) Nevertheless the unionsrsquo ability to effectively represent workers is limitedon the one hand by their subjective position with regard to the employer and onthe other because union leadership cadres see union organizing as a bureaucraticexercise to meet the targets suggested by the state rather than a strategic one (Liu2010 Taylor amp Li 2010)

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Labor Unrest and Collective Bargaining 169

Chen (2003) suggests that there is a natural limit to the ACFTUrsquos ability tobe an independent representative agent ie the state will not loosen its controlover the unions because of lsquosolidarity phobiarsquo (eg the Polish experience) wherebymore independent unionism is seen as subversive and threatening to the regimeas well as being threatening to the role of the state as a lsquodevelopmentalrsquo stateTherefore we expect that the state will continue protecting the ACFTU monopolyon worker representation ndash a condition that Friedman (2014a) called lsquoappropriatedrepresentationrsquo whereby the ACFTU may be able to promote collective bargainingusing its unique political position at the national level whereas workplace unionswill remain weak and illegitimate

The crisis of legitimacy of the ACFTU has been well documented by severalauthors (Howell 2008 Taylor amp Li 2007) The key argument here is that Chineseworkers do not trust the ACFTU to adequately represent them and in fact inmany workplaces where the ACFTU is present the workers do not even know thatthey have representation The ACFTU is seen as largely apathetic willing to allowmanagement to exercise control (this explains the phenomena of lsquodual postingrsquowhere the companyrsquos human resource manager is allowed by the ACFTU officialsto act as lsquounion leaderrsquo) Friedman (2014a) suggests that official unions have beenunable to win recognition from workers and therefore wildcat strikes and otherforms of representation continue to be the most effective means of addressingworker grievances There have been recent experiments regarding direct unionelections which would arguably lead to more representative unions and hencemore legitimate ones but there is a lack of sufficient worker involvement in theseexperiments (Chan 2009 Howell 2008) with a notable exception of electionsinitiated by workers via spontaneous strikes (Hui amp Chan 2014)

Given that unions have an identity crisis as well as a crisis of legitimacy the keyhypotheses that we can advance is that unions will be unable to effectively representworkers in collective bargaining and are more likely to see collective bargaining asa bureaucratic exercise just as they view union organizing Collective agreementsthen are more likely to be formalistic exercises that primarily re-state the basicconditions under the laws and less likely to advance workersrsquo interests

Like the ACFTU the two national employer associations ndash the CEC-CEDAand the All China Federation of Industry and Commerce (ACFIC) ndash participatein the tripartite framework to promote collective bargaining but both are alsosubordinated to the CCP Our current ongoing research suggests that theseemployer associations are half-hearted partners in promoting collective bargainingLocal employer associations although theoretically have to be affiliated with thetwo big national associations often enjoy more autonomy from the state as well astheir upper levels in decision making than their equivalents on the union side do(Friedman 2014b) This allows them to ignore collective bargaining or when it suitstheir interests to encourage and promote it Given tight labor market conditionsit often suits local employers to engage in some form of regional or industry-wide coordination on wages and working conditions In such cases local employer

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170 S Kuruvilla and H Zhang

associations serve as mechanisms of employersrsquo collective voice while lead firmsare indeed key players But apart from these industry-wide bargaining scenariosemployers tend to shy away from collective bargaining at the firm level except afterstrikes

Given the unionrsquos identity and legitimacy crises and the employersrsquo relative lackof interest in promoting collective bargaining at the firm level we have no basis toexpect that the institution of collective bargaining will fulfill the statersquos objectives inintroducing it as a means of containing labor conflict In what follows we discussour methodology and in our results section we attempt to categorize the variationthat we see in collective bargaining (based on very limited research) in China

METHODOLOGY

In the absence of official data we rely on alternative estimates of strikes of whichtwo sources are available The first is a website run by the China Labour Bulletina Hong Kong based NGO that collects information on worker protests and strikeslargely from news reports in Chinese newspapers but also from dissident blog sitesand through the organizationrsquos radio call in show The second is a website calledChina Strikes (Elfstrom amp Kuruvilla 2014) which also uses newspaper reportsbut also individual lsquotip-offsrsquo through their website While China Strikes has focusedon the period of 2008ndash2012 the China Labour Bulletin reports strikes from 2011onwards For the overlapping years ie 2011ndash2012 both websites have identifiedsimilar numbers of strikes However both sources of data have shortcomings Firstit is possible that both websites under-report the actual number of incidences ofworker protests and strikes since there are many incidences that do not find theirway into newspapers for a variety of reasons Second it is possible that only biggerstrikes that disrupt life outside the factory gates (such as taxi strikes) get reportedin the press And finally the criticism that these two websites may be measuringnews stories rather than real strikes is also not entirely without substance Howeverin the absence of official statistics these are the only sources of data even if theyunderstate by a significant margin the real numbers

With regard to collective bargaining our goal is to use the limited research alreadypublished and our own observations (we are currently engaged in a research projecton collective bargaining that is not yet complete) to create a taxonomy of collectivebargaining in China Given that collective bargaining is a relatively new institutionbut one that is expected to grow in the coming years establishing a taxonomy todaywill be useful as a baseline against which future studies can make comparisonsOur taxonomy uses two concepts to classify current collective bargaining Theseare the degree of centralization (or decentralization) and the degree of authenticityof collective bargaining

Whether bargaining is centralized or decentralized depends on the bargainingstructure ie the level at which bargaining takes place and the employees andemployers it covers (Katz Kochan amp Colvin 2014) In Western European

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Labor Unrest and Collective Bargaining 171

countries a centralized (or multi-employer) bargaining structure is instituted atlevels beyond individual firms usually at the industry or national level wherenegotiations are carried out by national or industrial level organizations of unionsand employers National level agreements are common in Austria and Swedenwhereas industry level agreements are common in Germany Netherlands andBelgium Decentralized bargaining (where agreements are negotiated by companylevel unions and their employers are more common in the US and JapanIn China the labor contract law permits both centralized and decentralizedbargaining although the centralized bargaining it envisages is actually at a moredecentralized level than in other countries Specifically the law limits regionalor industry level collective contracts in construction mining restaurant andother industries to areas below the county level[3] The statersquos rationale for thislimitation is twofold ie the need to resolve issues of employment instability laborshortages strikes high turnover low social security coverage at the county levelwhile at the same time providing an institutional structure to extend collectivebargaining coverage to workers in these difficult to organize industries ndash mostlysmall short-lived and non-unionized businesses In practice local unions oftenare reluctant to establish collective bargaining at above-county levels and regionalauthorities do not encourage this either while the state actively discourages industrywide bargaining structures above the country level Thus we will expect to seemore collective bargaining agreements at the firm level rather than industrylevel

Collective bargaining can also vary based on the degree to which bargaining isauthentic As we have noted earlier there is a clear tendency towards what are calledlsquotemplate agreementsrsquo where management and union sign a formalistic agreementthat simply re-states the minimum conditions of the law and where workers are noteven aware of these agreements These would be inauthentic agreements We definea collective bargaining agreement as authentic if it meets the following conditionswhether unions and employers actually engage in a process of negotiations whetherworkers have input into crafting the demands that the union negotiates on theirbehalf whether those negotiations result in concrete outcomes and whether theprocess is repeated more than once (a sign of institutionalization) As we will showthe majority of collective bargaining agreements tend to be inauthentic Authenticagreements are relatively few and typically they occur after a strike since the strikeby workers needs to be settled and it can only be settled by negotiations

Based on our theoretical discussion with regard to strikes we would expect tosee steadily increasing numbers of strikes offensive in nature all across the countryalong with steadily increasing conflict rates Based on our analysis of the centraland local statesrsquo multiple interests we would expect to see steady growth in thenumber of collective bargaining agreements since 2008 and significant variationFinally based on our analysis of the ACFTU and employersrsquo associations we wouldexpect to see many inauthentic agreements and a preponderance of firm levelbargaining

Ccopy 2016 The International Association for Chinese Management Research

172 S Kuruvilla and H Zhang

Table 1 Strikes in China 2008ndashAugust 2014

Year

Number of

strikes

Average number of

strikes per month

2008 47 42009 32 32010 88 72011 233 192012 393 332013 656 552014 (till August) 644 81

(Source The 2008ndash2012 data about China are fromChina Strikes website available from URL httpschinastrikescrowdmapcom The 2013 data aboutChina are from China Labor Bulletin available fromURL httpwwwnumblecomPHPmysqlclbmapehtml)

6 916

0

20

40

60

80

100

120

140

Jan-

08

Jun-

08

Nov

-08

26

Apr-

09

Sep-

09

Feb-

10

Jul-1

0

17

31 3541

Dec-

10

May

-11

Oct

-11

Mar

-12

49

7265

78

64

119

Aug-

12

Jan-

13

Jun-

13

Nov

-13

105

-

Chin

Chin

a Strikes

a Labor Bullen

Figure 2 Monthly strikes in China 2008ndash2014 (Source China Labor Bulletin available fromURL httpwwwnumblecomPHPmysqlclbmapehtml and China Strikes available from URLhttpschinastrikescrowdmapcom)

RESULTS

Strikes

China Strikes reports a total of 793 strikes during the 2008ndash2012 period whilethe China Labour Bulletin indicates a total of 1867 strikes between Jan 2011 andAugust 2014 Table 1 shows counts of strikes after integrating estimates from bothwebsites What is notable is that the average frequency of strikes per month hasbeen increasing steadily Figure 2 graphs this trend[4] Chinese workers appear tobe striking more and longer indicative of their bargaining power

If one assumes as we argued that the Chinese data represents a massiveundercount of reality then clearly China is the lsquostrike capitalrsquo of the world withmore strikes per year than most other countries An alternative way of examiningwhether there is conflict in the system is to look at the number of labor disputes in

Ccopy 2016 The International Association for Chinese Management Research

Labor Unrest and Collective Bargaining 173

Table 2 Labor disputes in China (2000ndash2012 every alternative year)

2000 2002 2004 2006 2008 2010 2012

Annual Average

Growth Rate

Number of casesaccepted

135206 184116 260471 317162 693465 600865 641202 1385

Number ofworkersinvolved

422617 608396 764981 679312 1214328 815121 882487 633

Number ofcollective labordisputes

8247 11024 19241 13977 21880 9314 7252 minus 107

Number ofworkersinvolved incollective labordisputes

259445 374956 477992 348714 502713 211755 231894 minus 093

Number of casessettled

130688 178744 258678 310780 622719 634041 643292 1420

Number of casessettled bymediation

41877 50925 83400 104435 221284 250131 302552 1791

Number of casessettled byarbitrationlawsuit

54142 77340 110708 141465 274543 266506 268530 1428

Cases mediatedbefore accepted

77342 70840 130321 237283 163997 212937 1066

(Source China Labor Statistical Yearbook 2013)

China As the data in Table 2 suggests the number of labor disputes in China hasalso increased over the last few years

In sum and despite problems with the available data our research suggeststhat Chinese workers are increasingly militant and that the number of strikes inChina seems to be steadily increasing as are other indicators of industrial conflictconsistent with our expectations

Collective Bargaining

The published data show considerable growth in collective bargaining in Chinafrom 2006 onward As is apparent from Table 3 the annual growth rates in thenumber of collective contracts are high nearly 20 per year The number ofenterprises being covered by the contracts has been growing by almost 100 peryear indicating a great expansion of multi-employer ndash industrial and regionalndash contracts as well Clearly therefore the statersquos encouragement of collectivebargaining has been successful in quantitative terms Yet the growth in collectivebargaining does not show an appreciable decline in industrial conflict measuredby strikes or data on industrial disputes At a preliminary level this suggests thatthe statersquos encouragement of collective bargaining as a method of reducing conflict

Ccopy 2016 The International Association for Chinese Management Research

174 S Kuruvilla and H Zhang

Table 3 Growth of collective bargaining in China 2005ndash2010

2005 2006 2007 2008 2009 2010

Average Annual

Growth Rate

Number ofcollectivebargainingcontracts onwages

251794 304978 343329 410606 512151 608483 1930

Number ofenterprisescovered

41306 525964 622063 774501 901665 1115874 9334

Staff andworkerscovered bycollectivebargaining

35312320 37145872 39685737 51101198 61776321 75657331 1646

(Source China Trade Union Yearbooks 2006ndash2011)

Table 4 Wage growth in China (2000ndash2013)

Year

Average Yearly

Nominal

Wages (yuan) Growth of Nominal Wages Growth of Real Wages

2000 9333 122 1132001 10834 161 1532002 12373 142 1542003 13969 129 1192004 15920 140 1032005 18200 143 1252006 20856 146 1292007 24721 185 1342008 28898 169 1072009 32244 116 1262010 36539 133 982011 41799 144 862012 46769 119 902013 51483 101 73

(Source China Statistical Yearbook 2014)

and strikes is not successful or to be conservative not successful yet At the sametime data on wages show steady growth (see Table 4) We can draw two differentconclusions from this limited data One is that the key interest of the state wasnot to reduce conflict via the introduction of collective bargaining but to increaseand stabilize wages If this conception of the statersquos interest is correct then itprovides support for the argument that the state is acting in lsquodevelopmentalrsquo waysin encouraging collective bargaining as an instrument to rebalance the economy Analternative explanation is that the state does want to introduce collective bargainingin order to reduce conflict (as has been done in most parts of the world) but thequality of collective bargaining is not very good and hence does not meet that goal

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Labor Unrest and Collective Bargaining 175

FormalisticIneffective AuthenticEffective

Centralization

Decentralization

- Industry-wide Agreements that are ineffective egWuhan Restaurants

- Well established industry wide agreements eg The Wenling Model

- Template Bargaining

- Strike-triggered Bargaining

- State-intervened Bargaining

- Informal Bargaining

- Informal Coordination

- Democratic Grassroots Union Election

- Employer Coordination and state Intervention

Q3 Q4 Q1 Q2

Figure 3 A taxonomy of varieties of collective bargaining in China

If this is true then the policy prescriptions are clearer Below we look more closelyat the nature of collective bargaining

Emerging Variation Varieties of Collective Bargaining in China

Based on the limited available research we classify collective bargaining agreementsbased on how centralized or decentralized and how authentic or inauthentic theyare Recall our key caveat that there is relatively little published research andhence our taxonomy below (see Figure 3) is not based on a representative sampleas it should be However we want to highlight that this is by no means a staticclassification because we also see dynamism where there is movement from onequadrant to another At best this taxonomy should be seen as an initial estimateor baseline against which future research can examine progress over the comingdecade

Quadrant 1 Decentralized inauthentic collective bargaining Perhaps the most commonform of collective bargaining is what we term lsquotemplate bargainingrsquo and what other

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176 S Kuruvilla and H Zhang

researchers have described as lsquocollective contracts without collective bargainingrsquoor lsquopaper contractsrsquo (Chen 2007 Clarke et al 2004 Luo 2011) Typically thelocal government ndash often the labor administration and official union ndash develops atemplate for a collective contract that employers and the local branch of the unionshould sign (jiti hetong fanben) In some cases the template agreement contains blankspaces for wage increases which enterprises can customize to suit their needsUsually a template agreement leaves little room for the parties to bargain overinterest-based issues (Chen 2007) This is the model of collective bargaining mostcommonly followed by the ACFTU which provides its unions with these templateagreements for various regions that employers are requested to sign and whichre-state minimum legal conditions Often employers prepare the contracts andunions simply sign them without engaging in any negotiation (Clarke et al 2004Luo 2011 Taylor Chang amp Li 2003 Wu 2012)

The ACFTU which is targeted with increasing the coverage of collectivebargaining within the country appears more interested in the quantity ofagreements signed (to meet its targets) with relatively little focus on the quality (Wu2012) Some of these template agreements are not even enforced due to weaknessesin the labor inspection regime (Wu 2012) or because the local enterprise unionsalso exist primarily lsquoon paperrsquo having been set up by the ACFTU in collaborationwith the employer often without the workersrsquo knowledge (Liu 2010) Thus thougha large majority of Chinese collective bargaining agreements hew to this type wesee them as being largely inauthentic and the most decentralized given that theyare signed at the enterprise level These have been well documented in existingstudies (Clarke et al 2004 Luo 2011 Taylor et al 2003 Warner amp Ng 1999) sowe shall not expand on them here

Quadrant 2 Decentralized authentic collective bargaining A small but growing number ofcollective bargaining agreements at the firm level can be termed more authenticalthough there is some variation to the extent that they truly encapsulate genuinebargaining There are three different ways in which this type of collective bargainingis happening One and perhaps the most authentic form of collective bargainingis the negotiations that take place after a strike as Elfstrom amp Kuruvilla (2014)suggest The best known case of strike-triggered bargaining is the Honda NanhaiTransmission plantrsquos strike in 2010 that resulted in substantial wage increases forworkers and later also triggered a strike wave in the local and national auto industryleading to substantial wage negotiation in many of those cases as well (Hui 2011)Since a strike when it occurs is frequently settled by negotiations these days (Chang2013) the steady growth in the number of strikes implies growth in more authenticcollective bargaining There is increasing research that suggest that strikes beforeand during the 2010 strike wave were settled via negotiations between provisionallyelected workersrsquo representatives and employers (Chen 2010 Meng 2012 MengLu Lei Wang amp Chang 2011) Some of these strike-based settlements have beenoften facilitated by the mediation of local governments and official unions and

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Labor Unrest and Collective Bargaining 177

the state in various places has appeared to prefer using this approach rather thansuppressing striking workers (Chang 2013 Gallagher 2014) Chen (2010) refersto these dispute and strike settlement mechanisms as quadripartite bargaininginvolving four actors (the state the ACFTU the employers and the workers)Strikes and post-strike settlements are an important route by which collectivebargaining is becoming institutionalized suggests Meng (2012) in his research onDalian

The second way that authentic bargaining may occur without collective actionby workers is through the direct intervention by the local government Chan andHuirsquos (2014) research on Hondarsquos (Guangzhou) 2011 bargaining round suggeststhat although a union in which workers elected their representatives and collectivebargaining were institutionalized in the firm after the 2010 strike the localgovernment directly intervened in the negotiations during the 2011 bargaininground and encouraged the parties to come to agreement Arguably the localgovernment was interested in avoiding a potential strike We refer to this as authenticbecause it is occurring in a situation where workers choose their own representativesand the local government apparently takes the process seriously However this is amore isolated case

Although much of the prior literature has focused on formal bargaining structuresto make the claim that much of Chinese collective bargaining is inauthentic Zhang(2014) makes a compelling case that we should examine informal processes whichare perhaps just as important as formal structures and constitute the third wayin which bargaining is effective He finds in his study of the auto industry inTianjin that while formal bargaining looks just as formalistic as many other casesmuch of the real negotiation takes place at both enterprise and industry levelsthrough informal processes of coordination and negotiations that have resultedin meaningful outcomes Although there have not been strikes or governmentintervention in the auto-industry bargaining cases in Tianjin that Zhang examineshis research points to the active role of the firm union in ensuring substantialnegotiation Thus there are many different ways in which authentic bargaining iscarried out

Quadrant 3 Centralized and inauthentic collective bargaining A major strategy of theACFTUrsquos Rainbow Plan can be found in its effort to carry out regional and industry-level bargaining seen as necessary to bring employees of small and medium sizedfirms under collective bargaining coverage (Wu 2012) And as noted the ACFTUrsquosefforts are complemented by the state apparatus where key state departmentsoften take the lead in mobilizing employers For instance in the second authorrsquosongoing research he finds that in the case of hospitals in Tianjin the districtunion successfully mobilized the employers by leveraging the district Bureau ofPublic Health (BOPH) ndash a state institution in charge of examining approving andsupervising all local public health affairs ndash to create an industry wide collectivebargaining agreement However it was not clear that workers were aware of the

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178 S Kuruvilla and H Zhang

agreement nor was it clear that the agreement was enforced Similar efforts arealso identified in Tianjinrsquos construction industry as well as in other regions in Wursquos(2012) research

While we need more cases to draw firmer conclusions thus far what is clear isthat many of these industry-wide agreements are either formalistic or have shownthemselves to be ineffective and not institutionalized Similar to that of decentralizedand formalistic bargaining the reasons for ineffectiveness at this level include theunionrsquos focus on formalistic terms the absence of strict enforcement and oftenworker ignorance of the terms of the agreement or that they were represented bya union (a frequent issue when union representatives are not directly elected) (Wu2012) A classic example here is Friedmanrsquos (2014b) study of sectoral bargainingin Ruirsquoan eyeglass cluster in Zhejiang Province where workers interviewed indeedknew nothing about the industry level contract that covered them Probably thebest-known case of failure of enforcement of collective bargaining can be foundin Wuhan where the local government in a top-down process initiated sectoralnegotiations in 2011 in the restaurant industry Although the sectoral contract hasset wage terms for over 450000 workers from 40000 different establishments in2011 (Xie amp Guo 2011) and has been renegotiated successfully over the last threeyears which has been well covered by mass media recent research (Xie ChenChen amp Xiao 2012) shows that only 569 of employees surveyed were receivingthe wages stipulated in the contract

Despite these issues the ACFTU continues to focus on building collectivebargaining institutions at the industry and regional levels In Guangzhou forinstance the official union has organized the construction industry although nocollective bargaining has been successfully achieved (Friedman 2014b) In additionunion organizing by region has also been identified in areas with clusters of smallbusinesses such as community unions village union associations market unionsoffice building unions and union associations by ownership in development zones(Liu 2010) But we are skeptical of the prospects for institutionalization of collectivebargaining at the regional level given the heterogeneity in industries and firms ina region and given that often workers are not aware of the agreement nor do theyelect their representatives

Quadrant 4 Centralized authentic collective bargaining There are a few instances ofcentralized sectoral bargaining that qualify as authentic Unlike the previousexamples where it was either the local government or the ACFTU that was theprimary engine behind the development of collective bargaining in the case ofWenling the employers were the ones who initiated the project Wenling a town inZhejiang Province contains a knitwear cluster with more than 130 firms employingabout 12000 workers in 2002 In this case employers began spontaneous wagecoordination in an effort to deal with the rising turnover as a result of whatwas an acute labor shortage (Xu 2005) They formed an employer association in2000 and institutionalized wage coordination amongst themselves although not all

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Labor Unrest and Collective Bargaining 179

employers came on board By 2003 the local government stepped in establishingan industrial union which ultimately signed an industry-wide agreement with theemployer association (Wen amp Lin 2015) That contract has been renegotiated everyyear since and is stable although it overwhelmingly focuses on the piece-rates andnot other working conditions Moreover it is a clear case of relatively authenticcollective bargaining arrangement in terms of how well the contract is enforcedThe second author interviewed workers in the industry in 2013 and found that thepiece-rates that were used to pay them was higher than or equal to those stipulatedin the contract

The Wenling model is being increasingly diffused to other areas In all 15industries ndash including the pump sector in a town named Zeguo (Liu 2010) ndashhave carried out similar bargaining by 2012 covering roughly 6100 enterprisesand 400000 workers (Zhang amp Shi 2012) There are reports of cases developingin other textile and garment (Luthje Luo amp Zhang 2013 269) as well as othermanufacturing clusters (Lee 2011) The commonalities across these lsquosuccessfulcasesrsquo is that they are negotiating about the piece-rate at the industry level andwage coordination was welcomed by small and medium-sized firms in order toreduce turnover in a labor shortage situation Therefore success seems to be in partdetermined by employer interest and readiness for collective bargaining as well

DISCUSSION

Moving across Quadrants The Future of Collective Bargaining andThe Roles of Unions and Employers

While the above taxonomy presents a static picture of the varieties of collectivebargaining in China it is important to incorporate a dynamic element specificallywhat makes it possible to move from inauthentic to more authentic collectivebargaining and how might decentralized bargaining connect with more centralizedstructures to create more worker solidarity

How might we expect movement from inauthentic to more authentic bargainingat the firm level (ie from Quadrant 1 to Quadrant 2) Certainly as discussedearlier strikes could trigger such a movement But there are other ways as wellOne strategy recently adopted in Guangzhou and Shenzhen is the grassroots unionelection (namely direct election for grassroots trade union cadres [gonghui zhixuan])When workers are able to elect their own representatives rather than having unionleaders decided by the regional official union or the enterprise it builds the localunionsrsquo autonomy and independence and is one necessary step for the growth ofauthentic bargaining This focus on direct election is growing For instance theShenzhen Federation of Trade Unions announced in 2012 that 163 enterpriseswith more than 1000 employees would all adopt direct election (Eastmoney 2012)The second authorrsquos interview with a key informant involved in Shenzhenrsquos unionelection revealed that approximately 1000 out of the 30000 enterprise unions

Ccopy 2016 The International Association for Chinese Management Research

180 S Kuruvilla and H Zhang

in Shenzhen had lsquocarried out or reached the level of direct union election (dadao

zhixuan shuiping)rsquo by August 2011 In Guangzhou Peng amp Du (2010) report thatseveral hundred of the over 50000 firm unions had been directly elected by 2010The case of direct union elections in Omron (Shenzhen) has been documented inWen (2013) and Hui amp Chanrsquos (2014) work Yet we need more research to properlyevaluate how these elections are conducted

Although the efficacy of direct union elections has been debated (some argue thatthese elections were manipulated by employers or local officials others questionthe degree to which these will be institutionalized in todayrsquos political climate inChina and some suggest that there is rising opposition to direct elections fromboth employers and the state (Chan 2009 Howell 2008 Wen 2013) the availableevidence (Hui amp Chan 2014 Wen 2013) and more recent first hand evidence fromour research in Guangzhoursquos auto industry suggests that thus far democratic unionelections facilitates collective bargaining with real negotiation between workers andemployers including some conflictual negotiations that result in real rather thanformalistic outcomes and hence are more authentic

Movement from Quadrant 3 to 4 (ie from less authentic to more authenticbargaining at the centralized level) appears possible when employers take the firststep in coordinating through employer associations and when the local governmentdirectly intervenes to create industry wide settlements as suggested by the Wenlingmodel However given the lack of a real connection between unions at this leveland the workers they represent and the heterogeneous workplaces that makedirect election of representatives more difficult we are not convinced that such amovement is imminent In addition there are a number of implementation andenforcement failures such as in the case of the restaurant industry in Wuhan thatsuggest the difficulty of achieving meaningful collective bargaining coverage for anentire regional industry

There is some evidence of increased coordination between decentralized andcentralized levels Zhang (2014) finds evidence of links between industry wagestructures and firm level bargaining in a circumstance when lead and supplierfirms belonging to the same value chain in the local labor market are involvedThis indicates some degree of dynamism distinct from the mostly static pictureimplied by our classification This movement of informal coordination appearssimilar to those practices in the West especially in Europe although perhaps it isat a more incipient stage here As Chinese employers in a cluster or industry beginto build better institutional structures to facilitate coordination that will stimulatea similar movement amongst workers and unions and thereby promote industrywide bargaining as well as firm level bargaining

CONCLUSION

In this paper we examine the growth of strikes and collective bargaining in ChinaUsing McAdamrsquos political process model we argued that Chinese workers are

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Labor Unrest and Collective Bargaining 181

striking more and proactively after 2008 The Chinese state has encouraged thegrowth of collective bargaining although its motivations for doing so could beattributed to different interests such as providing a mechanism to resolve laborconflict or to increase wages in its effort to lsquorebalancersquo the economy a necessarycondition to avoid the middle income trap We argued further that we wouldexpect to see considerable variation in collective bargaining based on the differentialinterests of central and local states who are enjoying more autonomy than theydid in the past And our analysis of the official union (ACFTU) and the crises ofidentity and legitimacy that it faces led us to expect that collective bargaining willbe predominantly inauthentic

The evidence largely supports our expectations Chinese workers are clearlystriking more after 2008 and the numbers of strikes from two different sets of datashow steady increases Collective bargaining has also grown sharply after 2008 butthe key agent charged with the responsibility of increasing bargaining coverage (theACFTU) tends to view it generally as a bureaucratic exercise Hence our findingthat much of the incipient collective bargaining in China hews to the inauthenticside of the continuum We also find considerable variation however in collectivebargaining This variation is attributable to the willingness of the state to allowexperimentation and it would appear that different industrial relations actors ielocal labor bureaucracies local employers and local unions exercise considerablefreedom to develop particular structures

While our taxonomy presents a static picture of collective bargaining in Chinatoday we also highlight how it may change in the future under the presentinstitutional structure We have identified several conditions that are necessary forbargaining arrangements to move towards greater authenticity Specifically eventhough the Chinese state is unlikely to permit workers to affiliate with unions of theirchoice reforms within the ACFTU that move it in the direction of increasing itsrepresentative function is one avenue for change An amendment to the GuangdongProvincial Regulation on Collective Contracts for Enterprises is in our view onepathway to more authentic bargaining The regulation is detailed covering notonly the content and subject matter of collective bargaining but includes extensiveprovisions regarding various aspects of collective negotiations Most crucially theregulation specifies clearly that lsquonegotiation representatives of the employees of thefirm must either be selected by the trade union or democratically elected by thestaff and workersrsquo ndash the first time that democratic elections have been specified inany provincial legislation regarding collective bargaining

However despite the growth and variation that we see and despite the promiseimplicit in the Guangdong regulations overall our paper suggests that collectivebargaining in China is at a very incipient stage At this point in 2015 our initialanalyses would suggest that the institution of collective bargaining in China is moreeffective at increasing wages thereby meeting the statersquos interest in rebalancing theeconomy and less effective in meeting the statersquos alternative interest ie representingworkers adequately so as to reduce industrial conflict

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182 S Kuruvilla and H Zhang

Under what conditions could collective bargaining meet the statersquos alternativeinterest This requires that Chinese unions overcome their problems of identity andlegitimacy A necessary condition is that the state must be willing to provide theunions with more independence What might bring this about The state wouldbe willing to do so if the legitimacy of the CCP is under threat And that couldhappen if industrial conflict and labor exploitation continue to increase despite thenew laws and union activity

However recent decisions suggest that the state has elected to follow an alternativeapproach of improving bargaining effectiveness with more centralization ratherthan providing local union autonomy In 2014 the ACFTU introduced a newfive-year plan (2014ndash2018) to promote collective bargaining Simultaneously inorder to improve collective bargaining effectiveness the ACFTU has adoptednew guidelines to its locals These include the notion that 100 of the workerscovered under CB should be aware of the bargaining and have provided themwith relatively centralized formats that would permit aggregation of data onwages More importantly in May 2015 the central government and CCP releasedlsquoSuggestions for Establishing Harmonious Labor Relationsrsquo ndash the first time thatharmonious labor relations were promoted at the central level in a special documentThese actions suggest that the CCP has acknowledged the shortcomings of thecurrent collective bargaining system (ie poor implementation poor quality ofagreements and the ACFTUs general inability to represent workers) and thethreat of continued industrial conflict to its own legitimacy but is still leery ofproviding local unions and workers with more autonomy that might result in thesuccessful institutionalization of bargaining

How does the development of Chinese unions and collective bargaininginstitutions compare with other Asian nations We might look to both Taiwanand South Korea for parallels Japan however is less comparable because thepost-war development of both unions and collective bargaining developed intandem with democratization (Gould 1984) and was led by employers whointroduced the famous pillars of lifetime employment seniority based wages andenterprise unions in search of labor stability (Hashimoto 1991) In both Koreaand Taiwan however the export oriented industrialization regimes adopted byauthoritarian governments entailed a high degree of control of labor Ratherlike China today Taiwanrsquos policies then required the unions to be affiliated toone central federation (the Chinese Federation of Labor) which was controlled bythe Kuomintang regime (Deyo 1987) Korea adopted a similar approach with thecreation of the Federation of Korean Trade Unions created by the governmentHowever in contrast to Taiwan (where the workforce was mostly composed oflabor working in agriculture and small scale industries) Korearsquos labor movementeven under authoritarian governments developed a stronger working class identityDeyo (1987) and Chu (1998) argue due to the tradition of nationalist mobilizationagainst the Japanese occupation large sized firms involved in heavy industries andhigh industry concentration Both countries democratized in the late 1980s Given

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Labor Unrest and Collective Bargaining 183

their historical weakness the labor movement in Taiwan did not play a major rolein the democratization processes unlike the Korean labor movement which was acentral player in the process in Korea Consequently post democratization Koreanunions aggressively demonstrated their power through waves of strikes (Chu 1998)that resulted in the formal institutionalization of a new industrial relations regimealong pluralist lines Taiwanrsquos labor movement given its historical weakness did notassert themselves as strongly after democratization although a new labor relationsregime developed thereafter Thus although there was broad similarity in termsof state control of labor in Korea Taiwan and China that similarity ended in the1980s upon democratization in Korea and Taiwan The Chinese labor movementstill remains under state control and the future evolution of both labor unions andcollective bargaining is as we have argued earlier in this paper dependent on CCPrsquosstrategies

Having developed a lsquobaselinersquo taxonomy of collective bargaining how mightfuture research advance our knowledge about collective bargaining in China Mostimportantly we need research (detailed case studies) on how collective bargainingis conducted in different parts of China As Friedman and Kuruvilla (2014) haveargued there is much experimentation and decentralization and more empiricalevidence of these processes are clearly necessary in order to evaluate what worksbest in which locations and why We specifically need more case studies ofauthentic bargaining Second we need analyses of collective bargaining contracts(on both a national and regional scale) in order to determine which are the keyissues of contention between management and labor and how they are changingovertime More research on the various experiments regarding union electionsand the impact of these on bargaining processes and outcomes is a key need aswell Thus there are plenty of opportunities for cutting edge research in collectivebargaining in China and we hope that Chinese management scholars would answerthis call for research into a crucial national human resource issue

NOTES

We thank Manfred Elfstrom and Eli Friedman for comments on an earlier version of this article andthe faculty at Renmin University School of Labor and Human Resources for hosting us[1] There have been various administrative provisions for collective negotiations since 1994 but

legal backing was only granted via the Labor Contract Law beginning in January 2008[2] According to the National Bureau of Statistics (NBS) the term lsquoenterprises above designated

sizersquo points to those industrial legal person enterprises whose yearly main business incomes equalto or are more than 5 million yuan (2009)

[3] The political geography in China divides the country into three levels of bureaucracies below thenational level namely the provincial level the citycounty level and the township level (Note thata village government is not an official bureaucracy but a villagersrsquo self-management organization)However as a legacy of the Kuomintang regime most cities include and administrate severalcounties and therefore the de facto bureaucratic system in China ndash according to which bothofficial unions and governments are structured ndash actually has four levels ie the provincial levelthe city level the countydistrict level and the township level

[4] We admit the possibility that the growing trend may be partially because of a betterdocumentation system now than before

Ccopy 2016 The International Association for Chinese Management Research

184 S Kuruvilla and H Zhang

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Chan C K C amp Hui E S I 2014 The development of collective bargaining in China Fromlsquocollective bargaining by riotrsquo to lsquoparty state-led wage bargainingrsquo The China Quarterly217(1) 221ndash242

Chan K W 2010 A China paradox Migrant labor shortage amidst rural labor supply abundanceEurasian Geography and Economics 51(4) 513ndash530

Chang K 2013 Laogong guanxi jitihua zhuanxing yu zhengfu laogong zhengce de wanshan (Thecollective transformation of industrial relations and improvement of labor policies) ZhongguoShehui Kexue (Social Sciences in China) 2013(6) 91ndash108

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Chen F 2010 Trade unions and the quadripartite interactions in strike settlement in China TheChina Quarterly 201 104ndash124

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Clarke S Lee C amp Li Q 2004 Collective consultation and industrial relations in China BritishJournal of Industrial Relations 42(2) 235ndash254

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Eisenhardt K 1989 Building theories from case study research Academy of ManagementReview 14(4) 532ndash550

Elfstrom M amp Kuruvilla S 2014 The changing nature of labor unrest in China Industrial andLabor Relations Review 67(2) 453ndash480

Frenkel S amp Kuruvilla S 2002 Logics of action globalization and changing employment relationsin China India Malaysia and the Philippines Industrial and Labor Relations Review55(3) 387ndash412

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Friedman E D 2014b Economic development and sectoral unions in China Industrial andLabor Relations Review 67(2) 481ndash503

Friedmand E D amp Kuruvilla S 2015 Experimentation and decentralization in Chinese industrialrelations Human Relations 68(2) 181ndash195

Friedman E amp Lee C K 2010 Remaking the world of Chinese labour A 30-year retrospectiveBritish Journal of Industrial Relations 48(3) 507ndash533

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Labor Unrest and Collective Bargaining 185

Gallagher M E 2005 Contagious capitalism Globalization and the politics of labor inChina Princeton Princeton University Press

Gallagher M E 2010 lsquoWe are not machinesrsquo Teen spirit on Chinarsquos shopfloor China Beat [Cited31 March 2015] Available from URL httpwwwthechinabeatorgp=2538

Gallagher M E amp Dong B 2011 Legislating harmony Labor law reform in contemporaryChina In S Kuruvilla C K Lee amp M E Gallagher (Eds) From iron rice bowl toinformalization Markets workers and the state in a changing China Ch3 IthacaNY Cornell University Press

Gallagher M E 2014 Chinarsquos workers movement and the end of the rapid-growth era Daedalus143(2) 81ndash95

Gould W B 1984 Japanrsquos reshaping of American labor law Cambridge MA MIT PressHashimoto M 1991 The industrial relations system in Japan An interpretation and policy

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Hui E S I 2011 Understanding labour activism The Honda workersrsquo strike In C Scherrer (Ed)Chinarsquos labor questions Ch3 Munchen Mering Germang Rainer Hampp

Hui E S I amp Chan C K C 2014 Beyond the union-centered approach A critical evaluation ofrecent trade union elections in China British Journal of Industrial Relations

Katz H amp Darbishire O 2002 Converging divergences Worldwide changes inemployment systems Ithaca NY Cornell University Press

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Lee C K 2007 Against the law Labor protests in Chinarsquos Rustbelt and Sunbelt BerkeleyUniversity of California Press

Liu M 2010 Union organizing in China Still a monolithic labor movement Industrial andLabor Relations Review 64(1) 30ndash52

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Luthje B Luo S amp Zhang H 2013 Beyond the Iron Rice Bowl Regimes of productionand industrial relations in China Frankfurt amp New York Campus

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Oi J 1995 The role of the local state in Chinarsquos transitional Economy The China Quarterly 1441132ndash1149

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employment protection indicators [Cited 31 March 2015] Available from URLhttpwwwoecdorgemploymentemp43116624pdf

Wang Z 2012 More workers staying near home China Daily [Cited 31 March 2015] Available fromURL httpwwwchinadailycomcnchina2012-0428content15166329htm

Warner M amp Ng S H 1999 Collective contracts in Chinese enterprises A new brand of collectivebargaining under lsquomarket Socialismrsquo British Journal of Industrial Relations 37(2) 295ndash314

Webb S amp Webb B 1897 Industrial democracy London New York amp Bombay LongmansGreen amp Co

Wen X amp Lin K 2015 Reconstituting industrial relations The experience of Wenling Journalof Contemporary China 24(94) 665ndash683

Wen X 2013 Gonghui zhixuan Guangdong shijian de jingyan yu jiaoxun (Union directelection Lessons from Guangdong) Paper presented at the 6th Annual Congress ofChina Labor Relations Association of the China Human Resource Development AssociationGuangzhou November 2013

Weston T B 2004 The iron man weeps Joblessness and political legitimacy in the Chinese rustbelt In P H Gries amp S Rosen (Eds) State and society in 21st century China Crisiscontention and legitimation 67ndash86 New York RoutledgeCurzon

Wu Q 2012 Jiti xieshang yu guojia zhudao xiade laodong guanxi zhili (Collective negotiationand state-oriented labor relations governance) Shehuixue Yanjiu (Sociological Studies)2012(3) 66ndash89

Xie Y amp Guo Y 2011 Zhongguo shi gongzi jiti xieshang moshi tansuo Wuhan shi canyin hangyegongzi jiti xieshang diaocha (A survey of collective consultation on wages in the catering industryin Wuhan) Zhongguo Laodong Guanxi Xueyuan Xuebao (Journal of China Instituteof Industrial Relations) 25(6) 54ndash58

Xie Y Chen J Chen P amp Xiao Q 2012 Zhongguo hangye gongzi jiti xieshang xiaoguode shizheng fenxi Yi Wuhan canyin hangye weili (An empirical analysis of industrialbargaining outcomes in China An example from the Wuhan restaurant and catering industry)Jingji Shehui Tizhi Bijiao (Comparative Economic and Social Systems) 2012(5)55ndash67

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Labor Unrest and Collective Bargaining 187

Xu X 2005 lsquoZiran zhuangtairsquo de gongzi jiti xieshang Zhongguo nanfang mouzhen yangmaoshanhangye gongzi jiti xieshang (Collective consultation and discussion on the wages under thelsquonatural conditionrsquo) Tianjin Gonghui Guanli Ganbu Xueyuan Xuebao (Journal ofTianjin Trade Union Administratorsrsquo College) 13(3) 29ndash32

Zhang H 2014 Informality in Chinarsquos collective bargaining Unpublished Masters thesisCornell University Ithaca NY

Zhang J amp Shi Y 2012 Guanyu hangye jiti xieshang qingkuang de diaocha baogao (Survey onindustrial collective negotiation) Zhongguo Laodong Guanxi Xueyuan Xuebao (Journalof China Institute of Industrial Relations) 26(4) 51ndash57

Sarosh Kuruvilla (sck4cornelledu) is Professor of Industrial RelationsAsian Studies and Public Affairs at Cornell University and Visiting Professor atthe London School of Economics His research focuses on the linkage betweeneconomic development strategies and labor and human resources policies Hehas published numerous articles and 3 books on various aspects of labor relationsin Asia He is currently researching collective bargaining in ChinaHao Zhang (hz256cornelledu) is a PhD student at Cornell UniversityrsquosSchool of Industrial and Labor Relations His primary research focus is laborand employment relations with special attention to China And he has ongoinginterests in globalization development political economy skill formationproduction and work

Manuscript received September 18 2014Final version accepted September 28 2015 (number of revisions ndash 2)Accepted by Editor-in-Chief Arie Lewin

Ccopy 2016 The International Association for Chinese Management Research

  • INTRODUCTION
  • THEORETICAL PERSPECTIVES
    • Worker Militancy
    • State Promotion of Collective Bargaining
    • Variations in Collective Bargaining
    • The Future of Collective Bargaining
      • METHODOLOGY
      • RESULTS
        • Strikes
        • Collective Bargaining
        • Emerging Variation Varieties of Collective Bargaining in China
          • DISCUSSION
            • Moving across Quadrants The Future of Collective Bargaining and The Roles of Unions and Employers
              • CONCLUSION
              • NOTES
              • REFERENCES

162 S Kuruvilla and H Zhang

costsrsquo of working on the coast and reducing migration to the cities thus deprivingthem of workers and finally institutional discrimination against migrants as a resultof the hukou system Clearly rural workers are increasingly staying at home A pollof 200000 migrant workers in 2011 found that more chose to work in their homeprovinces than chose to go elsewhere (Wang 2012) Capital is moving away fromsoutheastern export processing zones like the Pearl River Delta Chongqing forinstance lsquofor the first time employed more of its surplus rural workforce locallythan it sent to other areasrsquo in 2011 (The Economist 2012) Whether permanentor temporary the shortage has served to increase labor militancy and bargainingpower reflected particularly in increasing demands for wages

The key political factor has been the statersquos policy regarding worker protectionand collective bargaining as well as the new media openness (at least until 2013)which serve to further increase the bargaining power of workers In 2008 thestate embarked on a lsquolegislative onslaughtrsquo enacting a range of pro-labor pieces oflegislation including the lsquoLabor Contract Lawrsquo lsquoEmployment Promotion Lawrsquo andthe lsquoLabor Dispute Mediation and Arbitration Lawrsquo And in 2012 new nationallsquoRegulations on Consultation and Mediation for Labor Disputes in Enterprisesrsquowent into effect These reforms essentially introduced stronger protections forworkers (Friedman amp Lee 2010 McDermott 2010) Elfstrom and Kuruvilla (2014460) note that these laws taken together lsquoamount to an official acknowledgmentof the massive scale of worker unrest as well as a new interest in containingconflict through providing it with legitimate channels not attempting to eliminateit entirelyrsquo Thus it could be argued that Chinarsquos lsquopolitical opportunity structurersquofor workers (Tarrow 1998) has also shifted

In terms of lsquocognitive cuesrsquo workers experienced these changes in many differentways As Elfstrom and Kuruvilla (2014 460) note lsquoCompaniesrsquo efforts to lsquoreverse-marketrsquo themselves as ldquopreferred employersrdquo by actively recruiting in working classneighborhoods (rather than waiting for workers to line up at factory doors desperatefor work) by building better dormitories by publishing factory magazines and byforming ldquotask forcesrdquo of employee representatives may be received by workingpeople as powerful ldquocuesrdquo that the balance of power has shifted and that they(workers) hold greater leverage over capital than a decade agorsquo Rising earningsmay send similar signals Wage hikes in recent years have been dramatic Migrantsrsquoaverage monthly salaries increased by 212 percent in 2011 over the year before thegovernment has decreed that lsquothe average growth of Chinarsquos minimum wages shouldbe at least 13 percentrsquo through 2015 and should constitute lsquo40 percent of averagelocal salariesrsquo (The China Post 2012) A series of strikes at auto parts suppliers anda rash of suicides (and subsequently investigative reports) in a Foxconn factory inShenzhen have led to high wage increases exceeding 20 at Honda plants Equallyimportantly media coverage of new labor laws like those noted above and greaterreporting on strikes may provide lsquocuesrsquo that more activism is tolerated by authoritiesThe Labor Contract Law was the subject of widespread domestic media reportsfocusing on individual cases of workers who successfully used the law lsquoas a weaponrsquo

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Labor Unrest and Collective Bargaining 163

Stockmann and Gallagher (2011) note that by telling lsquogrittyrsquo stories of mistreatmentand eventual redemption via arbitration and court Chinese state newspapers bothattract readers (serving the needs of an increasingly commercialized press) andaccording to surveys conducted by Stockmann and Gallagher increase trust in theefficacy of legal activism

Importantly the state has allowed more open discussion of industrial strife Theyear 2008 marked the rollout of what has been dubbed Chinarsquos lsquoControl 20rsquoapproach to media and public opinion Communist Party Secretary Hu Jintao calledfor lsquoreleasing authoritative information at the earliest moment raising timelinessincreasing transparency and firmly grasping the initiative in news propagandaworkrsquo (Bandurski 2008 1) However strikes and other worker lsquomass incidentsrsquohave since received increased coverage albeit with a Party-approved slant This hasmeant that workers hear more about other workersrsquo activism than ever before AsElfstrom and Kuruvillarsquos (2014) qualitative interviews suggest lsquoThe Honda strike in

particular gave workers a new momentum It awakened themrsquo and lsquoThe Honda strike had a

big impact on workersrsquo opinions because of the media attention given to the strike Similar strikes

occurred in the past but without the same attentionrsquoWe would therefore expect lsquocognitive liberationrsquo to take place workers should

demand higher wages more attention to the details of working life and wouldstrike if their demands were not met We would expect both quantitative shift interms of an increasing number of strikes and we would expect pro-active strikesfor a variety of instrumental reasons We would expect more strikes in all regionsof China in contrast to regional differences identified in prior research

State Promotion of Collective Bargaining

The Chinese government has since 2008 embarked on a coordinated effort toincrease collective bargaining It has done so via three separate initiatives a changein the role of the Ministry of Human Resources and Social Security (MOHRSS) theinclusion of provisions for collective contract negotiations in the new labor laws ofthe 2007ndash2010 period (discussed above)[1] and most importantly the instructionsof the ACFTU to increase union organizing and collective bargaining coverageacross the country The primary change in the role of the MOHRSS has beento make it more responsible for the growth of collective bargaining The LaborContract Law contains six articles about collective contracts stipulating the contentof collective bargaining and the right to ratify a collective bargaining agreementof the workersrsquo congress And two articles focus specifically on the establishmentof relatively centralized ndash regional and industry level ndash bargaining Finally thestate and the ACFTU articulated the lsquoRainbow Planrsquo (2008) to introduce collectivebargaining in enterprises Specific targets were established ie collective contractsshould be generally established in enterprises above a designated size[2] in EastChina by 2009 in Central China by the end of 2010 and in the whole country bythe end of 2012 Meanwhile they continued to encourage (without specific targets)

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164 S Kuruvilla and H Zhang

industry-wide or regional agreements to cover those nonunionized or small tomedium-sized enterprises (Hu 2011) What explains the statersquos interests in doing so

We do not yet have a coherent theory of the Chinese statersquos interests In facta variety of concepts can be found in the literature to characterize the Chinesestate and will not be repeated here (see Howell 2006 for a comprehensivereview) Howell (2006 274) suggests that the proliferation of terms to describethe Chinese state (development state entrepreneurial state the corporatist statethe dual developmental state the market facilitating state) by authors such asBlecher (1991) Blecher and Shue (1996) and Oi (1995) masks a lsquodeeper processof state fragmentation that fosters contradictory and complex patterns of statebehaviorrsquo Howell (2006 275) suggests that to understand the Chinese state todaywe must recognize that the state lies between various categories displaying lsquoelementsof efficiency and inefficiency of control and chaos of relative autonomy andclientelism of neoliberalism and neocorporatismrsquo This conception of the Chinesestate allows it to be best understood as lsquopolymorphous assuming multiple complexforms and behaviours across time and spacersquo (Howell 2006 276) and provides uswith a better understanding of state interests in developing collective bargaining

One explanation for the statersquos action to increase collective bargaining drawsprimarily on the basic and long established institutional theory about industrialconflict and collective bargaining developed by the Webbs in their influential workIndustrial Democracy (1897) The Webbsrsquo solution to labor conflict (consisting of lsquothedevice of the common rulersquo [basic minimum standards legislation] on the one handand on the other hand collective bargaining to equalize power between labor andmanagement) has been the basis for most approaches states the world over havetaken to reduce industrial conflict under what Frenkel and Kuruvilla (2002) term lsquoalogic of labor peacersquo The Chinese governmentrsquos response in encouraging collectivebargaining is in many ways consistent with this explanation in that it has enactedminimum standards legislation and is increasing collective bargaining coverage butit is doing so in ways that do not result in the formation of free labor unions iethe state here is corporatist and neoliberal at the same time

An alternative perspective is that the statersquos labor policy is based on lsquodecentralizedlegal authoritarianismrsquo (Friedman amp Lee 2010) which suggests a great emphasison legal system building (Gallagher 2005) in order to steer the reform of the socialgovernance system in general and the labor relations system in particular towardsan authoritarian lsquorule by lawrsquo system (Friedman amp Lee 2010) This explains themany legislations increasing labor protection during the 2007ndash2010 period with theresult that OECD has ranked the strictness of employment protection in Chineselabor and employment laws as among the highest in major countries (OECD 2013Venn 2009) This also explains why the state has encouraged legal mobilizationand seeks to channel labor conflict into the judicial and semi-judicial system(Gallagher amp Dong 2011 Lee 2007) in part to maintain political control Giventhat labor peace (ie no strikes) can be achieved by strong protective legislation onminimum standards as well as effective dispute resolution mechanisms the statersquos

Ccopy 2016 The International Association for Chinese Management Research

Labor Unrest and Collective Bargaining 165

encouragement of collective bargaining (an essentially democratic concept whichimplies some amount of independent agency on the part of workers) which mightresult in collective activity that might threaten the regime remains puzzling

Yet another explanation for the statersquos encouragement of collective bargainingcan be found in the conception of the lsquodevelopmentalrsquo state As Friedman andKuruvilla (2015) note at the firm level high rates of labor turnover and severe laborshortages have come to be one of the key limits to future growth The inability toretain a stable workforce has pushed employers in the industrial centers in coastalareas to look elsewhere Cai (2007) has suggested that China may be at the lsquoLewisianturning pointrsquo when labor scarcity begins to shift the economy away from laborintensive input-driven growth to enhanced productivity declining inequality andgreater domestic consumption On the other hand Chan (2010) argues that thecountry has not yet reached a Lewisian turning point but is instead experiencinga series of shorter-term mismatches of ages skills and demand However at thenational level the state has espoused the goal of lsquoeconomic rebalancingrsquo makinghousehold consumption rather than state-driven investment the key engine foreconomic growth an important consideration to avoid the lsquomiddle income traprsquothat the World Bank has predicted that China will reach in 2030 In 2010 Chinarsquoshousehold consumption as a share of GDP was only 38 while similar figures forBrazil Germany India and the USA are higher than 60

The state has already acted At the 2013 plenum the CCP outlined a planto increase the role of markets in resource allocation by 2018 along with arange of policies that loosen various institutional interdependencies granting moreautonomy to local governments but at the same time making the judiciary lessdependent on local governments Economic rebalancing calls for industrial policiesthat stimulate domestic demands and strengthen citizensrsquo purchasing power andmarket-oriented institutions to have wages increased in tandem with industrial andeconomic growth Wage growth is particularly important and here we find analternative explanation for the statersquos encouragement of collective bargaining TheCCPrsquos 17th National Congress (2007) laid out the general target of establishingmechanisms for regular wage increases in enterprises First in 2008 and then againin 2014 collective bargaining was written into the central governmentrsquos work reportto the Peoplersquos Congress where the government announced the establishmentof mechanisms for regular wage increases in enterprises to deepen the reformof the income distribution system Encouraging the ACFTU to establish collectivebargaining in every establishment can be seen as one way to satisfy the statersquos interestto increase wages and move the economy into higher value added productivity basedgrowth

A different basis for the statersquos promotion of collective bargaining lies in its role asa regulator enacting policies consistent with the vision of a lsquoharmoniousrsquo society anoverarching concept adopted by the CCP during the Hu Jin Tao regime The statehas a keen interest under this conception in limiting the growth in inequality Inthe 30 years since economic reform began China has gone from being the worldrsquos

Ccopy 2016 The International Association for Chinese Management Research

166 S Kuruvilla and H Zhang

most equal large economy with a gini coefficient of approximately 026 in 1979 toamongst the most unequal large economies (with a gini coefficient of 047 in 2012)The widening income inequality is seen as a potential threat to political stability (agini coefficient of 040 is seen as the lsquosecurity linersquo) Again a variety of actions in thelabor arena can be seen as inequality reduction mechanisms notably the plethoraof laws that promote equal pay and move workers from the informal sphere tothe formal sphere Collective bargaining and especially industry wide collectivebargaining is one way to standardize wages and benefits within industries

Variations in Collective Bargaining

Although the central state promotes collective bargaining using uniformmechanisms at the national level there is significant variation in the developmentof collective bargaining mechanisms rules and in institutionalization across ChinaWhat might explain this variation In most countries variations in collectivebargaining processes can be linked to differences in bargaining structure (whichin turn depends on the structure of unions and employers) as well as differentregulations across states or regions (see Katz amp Darbishire 2002) The state inChina through its Labor Contract Law has promoted some variation in that itsupports both collective bargaining at the firm level as well as collective bargainingat the industry level (articles 53 and 54) Friedman and Kuruvilla (2015) argue thatChina is taking an experimental gradualist and decentralized approach to theintroduction of collective bargaining and to labor relations reform They suggestthat there are a number of ways in which the central state promotes or allows localexperimentation One the one hand the ACFTU has consciously undermined thepower of the nationally organized industrial unions in favor of regionally basedfederations to prevent them from developing potentially an independent base ofpolitical power Hence much of the experimentation we see is at the enterprise levelBut we must remember that provincial and local governments also have interestsAnd local governments play a major role in promoting collective negotiationsFor instance Friedman and Kuruvilla (2015) note that the Binhai new district inTianjin provides firms with a subsidy equal to 15 of the total increase in wage billthat comes about through collective bargaining Clearly the local government hasinterests in raising wages and wants to incentivize firms to use collective bargainingregularly Other local governments encourage collective bargaining because it mayprevent strikes and the general instability that ensues as a result of public protestsSeveral provinces have enacted detailed regulations that go above and beyond thenational regulations with regard to collective bargaining Recently Guangdongprovince enacted bargaining regulations taking effect in January 2015 which notonly provide for employer obligation to bargain but even more far reaching allowthe direct election of worker representatives by workers The point here is that wewould expect to see considerable variation in collective bargaining based on theinterests of different provincial and municipal governments But these variations are

Ccopy 2016 The International Association for Chinese Management Research

Labor Unrest and Collective Bargaining 167

tolerated and in fact encouraged by the central state and as argued by Friedmanand Kuruvilla (2015) consistent with the statersquos approaches in other arenas Forinstance the state has allowed a variety of experimentations with market reform todevelop in the provinces which has resulted in experiments with decollectivizationof land (Unger 2002) If regions proved successful their models could be promotedthroughout the country We argue that the state is taking a similar approachwith regard to collective bargaining In part given the differences in employmentstructure ownership industry workforce composition across regions provincesand cities a differentiated approach is necessary However the statersquos toleranceof diversity coexists with a key requirement that independent forms of workerorganization are banned

In sum we suggest that the central and local states promote collective bargainingfor a variety of different interests and that we should expect to see a variation incollective bargaining arrangements across different provinces and regions HenceHowellrsquos conception of the Chinese state as a polymorphous one is best suited to theanalysis of its motivations for promoting collective bargaining In order to predictthe future direction of collective bargaining we then turn to an analysis of Chineseunions and employers

The Future of Collective Bargaining

As noted earlier the future of collective bargaining depends heavily on the degreeto which it is institutionalized which in turn depends on the ability and willingnessof employers and trade unions to adopt the process At the moment we arguethat it is at an incipient stage The state has established the basic framework via itsTripartite Conference on the Coordination of Labor Relations (xietiao laodong guanxi

sanfang huiyi) involving the labor ministry the ACFTU and the China EnterpriseConfederation-China Enterprise Directorsrsquo Association (CEC-CEDA) ndash a semi-official employer association in China in 2001 (Brown 2006) The tripartite systemwas strengthened in February 2005 when the lsquoCircular on Further Advancingthe Collective Wage Negotiationrsquo was published by the three parties requiring allbranches of the three parties at different levels to collaboratively work together toincrease collective bargaining The statersquos lsquolegislative onslaughtrsquo in 20078 for thefirst time created a legal basis for collective bargaining And finally the state hasinstructed the ACFTU to organize workplaces and establish collective bargainingin all workplaces articulated now through the lsquorainbowrsquo plan

Since the primary engine for collective bargaining growth apparently rests onthe ACFTU it is useful to theoretically examine its evolution The key questionhere is whether the ACFTU can effectively represent Chinese workers in collectivenegotiations There are two primary lines of debate and argument with regardto the role of the ACFTU The first concerns the ACFTUrsquos identity whether it isfunctioning in largely path dependent ways and has not yet made the transition toa new role in a market based society The second is that the ACFTU suffers from

Ccopy 2016 The International Association for Chinese Management Research

168 S Kuruvilla and H Zhang

a crisis of legitimacy in that most workers do not trust the union or see it as effectiveWe discuss each in turn below

With regard to whether the role of the ACFTU has transformed Chen hasargued that the ACFTU remains stuck to its lsquodouble institutionalrsquo identity as bothan apparatus of the state (acting on behalf of the nationrsquos collective good) and asa labor organization to protect workersrsquo interests (Chen 2003) In the old systemChen argues that the ACFTU did not quite experience tensions between its tworoles largely because its representation function was lsquoactually absorbed by thestatersquo given that its paternalistic labor regime under the lsquoiron rice bowlrsquo system ofemployment guaranteed workers economic interests such as work pay health careand social security But under a market based system it is increasingly experiencingthese tensions especially as industrial disputes and worker militancy increase

Yet the extent to which the ACFTU has evolved in a more representativedirection remains contested Chan (Chan 1993 Unger amp Chan 1995) argues thatthe ACFTU played an effective corporatist role in the socialist period but is likelyto continue this in the market era because the statersquos needs to effectively bridge thegap between the grassroots and the state in the market economy has created spacefor the ACFTU among other such organizations to incorporate worker voice intothe bureaucratic system of the state Chan (1993) predicted that the ACFTU wouldtransform from its state corporatist role to that of a more societal corporatist rolethat features lsquoa coalescing of horizontal interests from the bottom upwardrsquo

However Friedman (2014a) does not see a promising corporatist future for theACFTU for three reasons First corporatism requires that workersrsquo voices aresuccessfully incorporated into the system while the ACFTU does not incorporateworkers voices Second corporatism requires that workers give up political demandsin exchange for economic benefits and therefore implies a relatively de-commodifiedmodel of social governance whereas in China workers clearly do not enjoysufficiently such benefits Third however co-opted a union under corporatismis it is a somewhat independent intermediary organization between the grassrootsand the state while the ACFTU is clearly part of the state apparatus with no suchindependence

That being said clearly there is some transition to a more representative roleof the ACFTU Chen (2003) documents the increasing ways in which unions aretaking up their representative function with regard to individual if not collectivedisputes The ACFTU has carried out reforms and lsquoexperimentsrsquo at both centraland local levels In the arena of organizing unions at all levels have developedvarious models (ie the traditional ACFTU pattern the union association patterand the regional industry-based pattern) to strategically organize workers (Liu2010) Nevertheless the unionsrsquo ability to effectively represent workers is limitedon the one hand by their subjective position with regard to the employer and onthe other because union leadership cadres see union organizing as a bureaucraticexercise to meet the targets suggested by the state rather than a strategic one (Liu2010 Taylor amp Li 2010)

Ccopy 2016 The International Association for Chinese Management Research

Labor Unrest and Collective Bargaining 169

Chen (2003) suggests that there is a natural limit to the ACFTUrsquos ability tobe an independent representative agent ie the state will not loosen its controlover the unions because of lsquosolidarity phobiarsquo (eg the Polish experience) wherebymore independent unionism is seen as subversive and threatening to the regimeas well as being threatening to the role of the state as a lsquodevelopmentalrsquo stateTherefore we expect that the state will continue protecting the ACFTU monopolyon worker representation ndash a condition that Friedman (2014a) called lsquoappropriatedrepresentationrsquo whereby the ACFTU may be able to promote collective bargainingusing its unique political position at the national level whereas workplace unionswill remain weak and illegitimate

The crisis of legitimacy of the ACFTU has been well documented by severalauthors (Howell 2008 Taylor amp Li 2007) The key argument here is that Chineseworkers do not trust the ACFTU to adequately represent them and in fact inmany workplaces where the ACFTU is present the workers do not even know thatthey have representation The ACFTU is seen as largely apathetic willing to allowmanagement to exercise control (this explains the phenomena of lsquodual postingrsquowhere the companyrsquos human resource manager is allowed by the ACFTU officialsto act as lsquounion leaderrsquo) Friedman (2014a) suggests that official unions have beenunable to win recognition from workers and therefore wildcat strikes and otherforms of representation continue to be the most effective means of addressingworker grievances There have been recent experiments regarding direct unionelections which would arguably lead to more representative unions and hencemore legitimate ones but there is a lack of sufficient worker involvement in theseexperiments (Chan 2009 Howell 2008) with a notable exception of electionsinitiated by workers via spontaneous strikes (Hui amp Chan 2014)

Given that unions have an identity crisis as well as a crisis of legitimacy the keyhypotheses that we can advance is that unions will be unable to effectively representworkers in collective bargaining and are more likely to see collective bargaining asa bureaucratic exercise just as they view union organizing Collective agreementsthen are more likely to be formalistic exercises that primarily re-state the basicconditions under the laws and less likely to advance workersrsquo interests

Like the ACFTU the two national employer associations ndash the CEC-CEDAand the All China Federation of Industry and Commerce (ACFIC) ndash participatein the tripartite framework to promote collective bargaining but both are alsosubordinated to the CCP Our current ongoing research suggests that theseemployer associations are half-hearted partners in promoting collective bargainingLocal employer associations although theoretically have to be affiliated with thetwo big national associations often enjoy more autonomy from the state as well astheir upper levels in decision making than their equivalents on the union side do(Friedman 2014b) This allows them to ignore collective bargaining or when it suitstheir interests to encourage and promote it Given tight labor market conditionsit often suits local employers to engage in some form of regional or industry-wide coordination on wages and working conditions In such cases local employer

Ccopy 2016 The International Association for Chinese Management Research

170 S Kuruvilla and H Zhang

associations serve as mechanisms of employersrsquo collective voice while lead firmsare indeed key players But apart from these industry-wide bargaining scenariosemployers tend to shy away from collective bargaining at the firm level except afterstrikes

Given the unionrsquos identity and legitimacy crises and the employersrsquo relative lackof interest in promoting collective bargaining at the firm level we have no basis toexpect that the institution of collective bargaining will fulfill the statersquos objectives inintroducing it as a means of containing labor conflict In what follows we discussour methodology and in our results section we attempt to categorize the variationthat we see in collective bargaining (based on very limited research) in China

METHODOLOGY

In the absence of official data we rely on alternative estimates of strikes of whichtwo sources are available The first is a website run by the China Labour Bulletina Hong Kong based NGO that collects information on worker protests and strikeslargely from news reports in Chinese newspapers but also from dissident blog sitesand through the organizationrsquos radio call in show The second is a website calledChina Strikes (Elfstrom amp Kuruvilla 2014) which also uses newspaper reportsbut also individual lsquotip-offsrsquo through their website While China Strikes has focusedon the period of 2008ndash2012 the China Labour Bulletin reports strikes from 2011onwards For the overlapping years ie 2011ndash2012 both websites have identifiedsimilar numbers of strikes However both sources of data have shortcomings Firstit is possible that both websites under-report the actual number of incidences ofworker protests and strikes since there are many incidences that do not find theirway into newspapers for a variety of reasons Second it is possible that only biggerstrikes that disrupt life outside the factory gates (such as taxi strikes) get reportedin the press And finally the criticism that these two websites may be measuringnews stories rather than real strikes is also not entirely without substance Howeverin the absence of official statistics these are the only sources of data even if theyunderstate by a significant margin the real numbers

With regard to collective bargaining our goal is to use the limited research alreadypublished and our own observations (we are currently engaged in a research projecton collective bargaining that is not yet complete) to create a taxonomy of collectivebargaining in China Given that collective bargaining is a relatively new institutionbut one that is expected to grow in the coming years establishing a taxonomy todaywill be useful as a baseline against which future studies can make comparisonsOur taxonomy uses two concepts to classify current collective bargaining Theseare the degree of centralization (or decentralization) and the degree of authenticityof collective bargaining

Whether bargaining is centralized or decentralized depends on the bargainingstructure ie the level at which bargaining takes place and the employees andemployers it covers (Katz Kochan amp Colvin 2014) In Western European

Ccopy 2016 The International Association for Chinese Management Research

Labor Unrest and Collective Bargaining 171

countries a centralized (or multi-employer) bargaining structure is instituted atlevels beyond individual firms usually at the industry or national level wherenegotiations are carried out by national or industrial level organizations of unionsand employers National level agreements are common in Austria and Swedenwhereas industry level agreements are common in Germany Netherlands andBelgium Decentralized bargaining (where agreements are negotiated by companylevel unions and their employers are more common in the US and JapanIn China the labor contract law permits both centralized and decentralizedbargaining although the centralized bargaining it envisages is actually at a moredecentralized level than in other countries Specifically the law limits regionalor industry level collective contracts in construction mining restaurant andother industries to areas below the county level[3] The statersquos rationale for thislimitation is twofold ie the need to resolve issues of employment instability laborshortages strikes high turnover low social security coverage at the county levelwhile at the same time providing an institutional structure to extend collectivebargaining coverage to workers in these difficult to organize industries ndash mostlysmall short-lived and non-unionized businesses In practice local unions oftenare reluctant to establish collective bargaining at above-county levels and regionalauthorities do not encourage this either while the state actively discourages industrywide bargaining structures above the country level Thus we will expect to seemore collective bargaining agreements at the firm level rather than industrylevel

Collective bargaining can also vary based on the degree to which bargaining isauthentic As we have noted earlier there is a clear tendency towards what are calledlsquotemplate agreementsrsquo where management and union sign a formalistic agreementthat simply re-states the minimum conditions of the law and where workers are noteven aware of these agreements These would be inauthentic agreements We definea collective bargaining agreement as authentic if it meets the following conditionswhether unions and employers actually engage in a process of negotiations whetherworkers have input into crafting the demands that the union negotiates on theirbehalf whether those negotiations result in concrete outcomes and whether theprocess is repeated more than once (a sign of institutionalization) As we will showthe majority of collective bargaining agreements tend to be inauthentic Authenticagreements are relatively few and typically they occur after a strike since the strikeby workers needs to be settled and it can only be settled by negotiations

Based on our theoretical discussion with regard to strikes we would expect tosee steadily increasing numbers of strikes offensive in nature all across the countryalong with steadily increasing conflict rates Based on our analysis of the centraland local statesrsquo multiple interests we would expect to see steady growth in thenumber of collective bargaining agreements since 2008 and significant variationFinally based on our analysis of the ACFTU and employersrsquo associations we wouldexpect to see many inauthentic agreements and a preponderance of firm levelbargaining

Ccopy 2016 The International Association for Chinese Management Research

172 S Kuruvilla and H Zhang

Table 1 Strikes in China 2008ndashAugust 2014

Year

Number of

strikes

Average number of

strikes per month

2008 47 42009 32 32010 88 72011 233 192012 393 332013 656 552014 (till August) 644 81

(Source The 2008ndash2012 data about China are fromChina Strikes website available from URL httpschinastrikescrowdmapcom The 2013 data aboutChina are from China Labor Bulletin available fromURL httpwwwnumblecomPHPmysqlclbmapehtml)

6 916

0

20

40

60

80

100

120

140

Jan-

08

Jun-

08

Nov

-08

26

Apr-

09

Sep-

09

Feb-

10

Jul-1

0

17

31 3541

Dec-

10

May

-11

Oct

-11

Mar

-12

49

7265

78

64

119

Aug-

12

Jan-

13

Jun-

13

Nov

-13

105

-

Chin

Chin

a Strikes

a Labor Bullen

Figure 2 Monthly strikes in China 2008ndash2014 (Source China Labor Bulletin available fromURL httpwwwnumblecomPHPmysqlclbmapehtml and China Strikes available from URLhttpschinastrikescrowdmapcom)

RESULTS

Strikes

China Strikes reports a total of 793 strikes during the 2008ndash2012 period whilethe China Labour Bulletin indicates a total of 1867 strikes between Jan 2011 andAugust 2014 Table 1 shows counts of strikes after integrating estimates from bothwebsites What is notable is that the average frequency of strikes per month hasbeen increasing steadily Figure 2 graphs this trend[4] Chinese workers appear tobe striking more and longer indicative of their bargaining power

If one assumes as we argued that the Chinese data represents a massiveundercount of reality then clearly China is the lsquostrike capitalrsquo of the world withmore strikes per year than most other countries An alternative way of examiningwhether there is conflict in the system is to look at the number of labor disputes in

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Labor Unrest and Collective Bargaining 173

Table 2 Labor disputes in China (2000ndash2012 every alternative year)

2000 2002 2004 2006 2008 2010 2012

Annual Average

Growth Rate

Number of casesaccepted

135206 184116 260471 317162 693465 600865 641202 1385

Number ofworkersinvolved

422617 608396 764981 679312 1214328 815121 882487 633

Number ofcollective labordisputes

8247 11024 19241 13977 21880 9314 7252 minus 107

Number ofworkersinvolved incollective labordisputes

259445 374956 477992 348714 502713 211755 231894 minus 093

Number of casessettled

130688 178744 258678 310780 622719 634041 643292 1420

Number of casessettled bymediation

41877 50925 83400 104435 221284 250131 302552 1791

Number of casessettled byarbitrationlawsuit

54142 77340 110708 141465 274543 266506 268530 1428

Cases mediatedbefore accepted

77342 70840 130321 237283 163997 212937 1066

(Source China Labor Statistical Yearbook 2013)

China As the data in Table 2 suggests the number of labor disputes in China hasalso increased over the last few years

In sum and despite problems with the available data our research suggeststhat Chinese workers are increasingly militant and that the number of strikes inChina seems to be steadily increasing as are other indicators of industrial conflictconsistent with our expectations

Collective Bargaining

The published data show considerable growth in collective bargaining in Chinafrom 2006 onward As is apparent from Table 3 the annual growth rates in thenumber of collective contracts are high nearly 20 per year The number ofenterprises being covered by the contracts has been growing by almost 100 peryear indicating a great expansion of multi-employer ndash industrial and regionalndash contracts as well Clearly therefore the statersquos encouragement of collectivebargaining has been successful in quantitative terms Yet the growth in collectivebargaining does not show an appreciable decline in industrial conflict measuredby strikes or data on industrial disputes At a preliminary level this suggests thatthe statersquos encouragement of collective bargaining as a method of reducing conflict

Ccopy 2016 The International Association for Chinese Management Research

174 S Kuruvilla and H Zhang

Table 3 Growth of collective bargaining in China 2005ndash2010

2005 2006 2007 2008 2009 2010

Average Annual

Growth Rate

Number ofcollectivebargainingcontracts onwages

251794 304978 343329 410606 512151 608483 1930

Number ofenterprisescovered

41306 525964 622063 774501 901665 1115874 9334

Staff andworkerscovered bycollectivebargaining

35312320 37145872 39685737 51101198 61776321 75657331 1646

(Source China Trade Union Yearbooks 2006ndash2011)

Table 4 Wage growth in China (2000ndash2013)

Year

Average Yearly

Nominal

Wages (yuan) Growth of Nominal Wages Growth of Real Wages

2000 9333 122 1132001 10834 161 1532002 12373 142 1542003 13969 129 1192004 15920 140 1032005 18200 143 1252006 20856 146 1292007 24721 185 1342008 28898 169 1072009 32244 116 1262010 36539 133 982011 41799 144 862012 46769 119 902013 51483 101 73

(Source China Statistical Yearbook 2014)

and strikes is not successful or to be conservative not successful yet At the sametime data on wages show steady growth (see Table 4) We can draw two differentconclusions from this limited data One is that the key interest of the state wasnot to reduce conflict via the introduction of collective bargaining but to increaseand stabilize wages If this conception of the statersquos interest is correct then itprovides support for the argument that the state is acting in lsquodevelopmentalrsquo waysin encouraging collective bargaining as an instrument to rebalance the economy Analternative explanation is that the state does want to introduce collective bargainingin order to reduce conflict (as has been done in most parts of the world) but thequality of collective bargaining is not very good and hence does not meet that goal

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Labor Unrest and Collective Bargaining 175

FormalisticIneffective AuthenticEffective

Centralization

Decentralization

- Industry-wide Agreements that are ineffective egWuhan Restaurants

- Well established industry wide agreements eg The Wenling Model

- Template Bargaining

- Strike-triggered Bargaining

- State-intervened Bargaining

- Informal Bargaining

- Informal Coordination

- Democratic Grassroots Union Election

- Employer Coordination and state Intervention

Q3 Q4 Q1 Q2

Figure 3 A taxonomy of varieties of collective bargaining in China

If this is true then the policy prescriptions are clearer Below we look more closelyat the nature of collective bargaining

Emerging Variation Varieties of Collective Bargaining in China

Based on the limited available research we classify collective bargaining agreementsbased on how centralized or decentralized and how authentic or inauthentic theyare Recall our key caveat that there is relatively little published research andhence our taxonomy below (see Figure 3) is not based on a representative sampleas it should be However we want to highlight that this is by no means a staticclassification because we also see dynamism where there is movement from onequadrant to another At best this taxonomy should be seen as an initial estimateor baseline against which future research can examine progress over the comingdecade

Quadrant 1 Decentralized inauthentic collective bargaining Perhaps the most commonform of collective bargaining is what we term lsquotemplate bargainingrsquo and what other

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176 S Kuruvilla and H Zhang

researchers have described as lsquocollective contracts without collective bargainingrsquoor lsquopaper contractsrsquo (Chen 2007 Clarke et al 2004 Luo 2011) Typically thelocal government ndash often the labor administration and official union ndash develops atemplate for a collective contract that employers and the local branch of the unionshould sign (jiti hetong fanben) In some cases the template agreement contains blankspaces for wage increases which enterprises can customize to suit their needsUsually a template agreement leaves little room for the parties to bargain overinterest-based issues (Chen 2007) This is the model of collective bargaining mostcommonly followed by the ACFTU which provides its unions with these templateagreements for various regions that employers are requested to sign and whichre-state minimum legal conditions Often employers prepare the contracts andunions simply sign them without engaging in any negotiation (Clarke et al 2004Luo 2011 Taylor Chang amp Li 2003 Wu 2012)

The ACFTU which is targeted with increasing the coverage of collectivebargaining within the country appears more interested in the quantity ofagreements signed (to meet its targets) with relatively little focus on the quality (Wu2012) Some of these template agreements are not even enforced due to weaknessesin the labor inspection regime (Wu 2012) or because the local enterprise unionsalso exist primarily lsquoon paperrsquo having been set up by the ACFTU in collaborationwith the employer often without the workersrsquo knowledge (Liu 2010) Thus thougha large majority of Chinese collective bargaining agreements hew to this type wesee them as being largely inauthentic and the most decentralized given that theyare signed at the enterprise level These have been well documented in existingstudies (Clarke et al 2004 Luo 2011 Taylor et al 2003 Warner amp Ng 1999) sowe shall not expand on them here

Quadrant 2 Decentralized authentic collective bargaining A small but growing number ofcollective bargaining agreements at the firm level can be termed more authenticalthough there is some variation to the extent that they truly encapsulate genuinebargaining There are three different ways in which this type of collective bargainingis happening One and perhaps the most authentic form of collective bargainingis the negotiations that take place after a strike as Elfstrom amp Kuruvilla (2014)suggest The best known case of strike-triggered bargaining is the Honda NanhaiTransmission plantrsquos strike in 2010 that resulted in substantial wage increases forworkers and later also triggered a strike wave in the local and national auto industryleading to substantial wage negotiation in many of those cases as well (Hui 2011)Since a strike when it occurs is frequently settled by negotiations these days (Chang2013) the steady growth in the number of strikes implies growth in more authenticcollective bargaining There is increasing research that suggest that strikes beforeand during the 2010 strike wave were settled via negotiations between provisionallyelected workersrsquo representatives and employers (Chen 2010 Meng 2012 MengLu Lei Wang amp Chang 2011) Some of these strike-based settlements have beenoften facilitated by the mediation of local governments and official unions and

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Labor Unrest and Collective Bargaining 177

the state in various places has appeared to prefer using this approach rather thansuppressing striking workers (Chang 2013 Gallagher 2014) Chen (2010) refersto these dispute and strike settlement mechanisms as quadripartite bargaininginvolving four actors (the state the ACFTU the employers and the workers)Strikes and post-strike settlements are an important route by which collectivebargaining is becoming institutionalized suggests Meng (2012) in his research onDalian

The second way that authentic bargaining may occur without collective actionby workers is through the direct intervention by the local government Chan andHuirsquos (2014) research on Hondarsquos (Guangzhou) 2011 bargaining round suggeststhat although a union in which workers elected their representatives and collectivebargaining were institutionalized in the firm after the 2010 strike the localgovernment directly intervened in the negotiations during the 2011 bargaininground and encouraged the parties to come to agreement Arguably the localgovernment was interested in avoiding a potential strike We refer to this as authenticbecause it is occurring in a situation where workers choose their own representativesand the local government apparently takes the process seriously However this is amore isolated case

Although much of the prior literature has focused on formal bargaining structuresto make the claim that much of Chinese collective bargaining is inauthentic Zhang(2014) makes a compelling case that we should examine informal processes whichare perhaps just as important as formal structures and constitute the third wayin which bargaining is effective He finds in his study of the auto industry inTianjin that while formal bargaining looks just as formalistic as many other casesmuch of the real negotiation takes place at both enterprise and industry levelsthrough informal processes of coordination and negotiations that have resultedin meaningful outcomes Although there have not been strikes or governmentintervention in the auto-industry bargaining cases in Tianjin that Zhang examineshis research points to the active role of the firm union in ensuring substantialnegotiation Thus there are many different ways in which authentic bargaining iscarried out

Quadrant 3 Centralized and inauthentic collective bargaining A major strategy of theACFTUrsquos Rainbow Plan can be found in its effort to carry out regional and industry-level bargaining seen as necessary to bring employees of small and medium sizedfirms under collective bargaining coverage (Wu 2012) And as noted the ACFTUrsquosefforts are complemented by the state apparatus where key state departmentsoften take the lead in mobilizing employers For instance in the second authorrsquosongoing research he finds that in the case of hospitals in Tianjin the districtunion successfully mobilized the employers by leveraging the district Bureau ofPublic Health (BOPH) ndash a state institution in charge of examining approving andsupervising all local public health affairs ndash to create an industry wide collectivebargaining agreement However it was not clear that workers were aware of the

Ccopy 2016 The International Association for Chinese Management Research

178 S Kuruvilla and H Zhang

agreement nor was it clear that the agreement was enforced Similar efforts arealso identified in Tianjinrsquos construction industry as well as in other regions in Wursquos(2012) research

While we need more cases to draw firmer conclusions thus far what is clear isthat many of these industry-wide agreements are either formalistic or have shownthemselves to be ineffective and not institutionalized Similar to that of decentralizedand formalistic bargaining the reasons for ineffectiveness at this level include theunionrsquos focus on formalistic terms the absence of strict enforcement and oftenworker ignorance of the terms of the agreement or that they were represented bya union (a frequent issue when union representatives are not directly elected) (Wu2012) A classic example here is Friedmanrsquos (2014b) study of sectoral bargainingin Ruirsquoan eyeglass cluster in Zhejiang Province where workers interviewed indeedknew nothing about the industry level contract that covered them Probably thebest-known case of failure of enforcement of collective bargaining can be foundin Wuhan where the local government in a top-down process initiated sectoralnegotiations in 2011 in the restaurant industry Although the sectoral contract hasset wage terms for over 450000 workers from 40000 different establishments in2011 (Xie amp Guo 2011) and has been renegotiated successfully over the last threeyears which has been well covered by mass media recent research (Xie ChenChen amp Xiao 2012) shows that only 569 of employees surveyed were receivingthe wages stipulated in the contract

Despite these issues the ACFTU continues to focus on building collectivebargaining institutions at the industry and regional levels In Guangzhou forinstance the official union has organized the construction industry although nocollective bargaining has been successfully achieved (Friedman 2014b) In additionunion organizing by region has also been identified in areas with clusters of smallbusinesses such as community unions village union associations market unionsoffice building unions and union associations by ownership in development zones(Liu 2010) But we are skeptical of the prospects for institutionalization of collectivebargaining at the regional level given the heterogeneity in industries and firms ina region and given that often workers are not aware of the agreement nor do theyelect their representatives

Quadrant 4 Centralized authentic collective bargaining There are a few instances ofcentralized sectoral bargaining that qualify as authentic Unlike the previousexamples where it was either the local government or the ACFTU that was theprimary engine behind the development of collective bargaining in the case ofWenling the employers were the ones who initiated the project Wenling a town inZhejiang Province contains a knitwear cluster with more than 130 firms employingabout 12000 workers in 2002 In this case employers began spontaneous wagecoordination in an effort to deal with the rising turnover as a result of whatwas an acute labor shortage (Xu 2005) They formed an employer association in2000 and institutionalized wage coordination amongst themselves although not all

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Labor Unrest and Collective Bargaining 179

employers came on board By 2003 the local government stepped in establishingan industrial union which ultimately signed an industry-wide agreement with theemployer association (Wen amp Lin 2015) That contract has been renegotiated everyyear since and is stable although it overwhelmingly focuses on the piece-rates andnot other working conditions Moreover it is a clear case of relatively authenticcollective bargaining arrangement in terms of how well the contract is enforcedThe second author interviewed workers in the industry in 2013 and found that thepiece-rates that were used to pay them was higher than or equal to those stipulatedin the contract

The Wenling model is being increasingly diffused to other areas In all 15industries ndash including the pump sector in a town named Zeguo (Liu 2010) ndashhave carried out similar bargaining by 2012 covering roughly 6100 enterprisesand 400000 workers (Zhang amp Shi 2012) There are reports of cases developingin other textile and garment (Luthje Luo amp Zhang 2013 269) as well as othermanufacturing clusters (Lee 2011) The commonalities across these lsquosuccessfulcasesrsquo is that they are negotiating about the piece-rate at the industry level andwage coordination was welcomed by small and medium-sized firms in order toreduce turnover in a labor shortage situation Therefore success seems to be in partdetermined by employer interest and readiness for collective bargaining as well

DISCUSSION

Moving across Quadrants The Future of Collective Bargaining andThe Roles of Unions and Employers

While the above taxonomy presents a static picture of the varieties of collectivebargaining in China it is important to incorporate a dynamic element specificallywhat makes it possible to move from inauthentic to more authentic collectivebargaining and how might decentralized bargaining connect with more centralizedstructures to create more worker solidarity

How might we expect movement from inauthentic to more authentic bargainingat the firm level (ie from Quadrant 1 to Quadrant 2) Certainly as discussedearlier strikes could trigger such a movement But there are other ways as wellOne strategy recently adopted in Guangzhou and Shenzhen is the grassroots unionelection (namely direct election for grassroots trade union cadres [gonghui zhixuan])When workers are able to elect their own representatives rather than having unionleaders decided by the regional official union or the enterprise it builds the localunionsrsquo autonomy and independence and is one necessary step for the growth ofauthentic bargaining This focus on direct election is growing For instance theShenzhen Federation of Trade Unions announced in 2012 that 163 enterpriseswith more than 1000 employees would all adopt direct election (Eastmoney 2012)The second authorrsquos interview with a key informant involved in Shenzhenrsquos unionelection revealed that approximately 1000 out of the 30000 enterprise unions

Ccopy 2016 The International Association for Chinese Management Research

180 S Kuruvilla and H Zhang

in Shenzhen had lsquocarried out or reached the level of direct union election (dadao

zhixuan shuiping)rsquo by August 2011 In Guangzhou Peng amp Du (2010) report thatseveral hundred of the over 50000 firm unions had been directly elected by 2010The case of direct union elections in Omron (Shenzhen) has been documented inWen (2013) and Hui amp Chanrsquos (2014) work Yet we need more research to properlyevaluate how these elections are conducted

Although the efficacy of direct union elections has been debated (some argue thatthese elections were manipulated by employers or local officials others questionthe degree to which these will be institutionalized in todayrsquos political climate inChina and some suggest that there is rising opposition to direct elections fromboth employers and the state (Chan 2009 Howell 2008 Wen 2013) the availableevidence (Hui amp Chan 2014 Wen 2013) and more recent first hand evidence fromour research in Guangzhoursquos auto industry suggests that thus far democratic unionelections facilitates collective bargaining with real negotiation between workers andemployers including some conflictual negotiations that result in real rather thanformalistic outcomes and hence are more authentic

Movement from Quadrant 3 to 4 (ie from less authentic to more authenticbargaining at the centralized level) appears possible when employers take the firststep in coordinating through employer associations and when the local governmentdirectly intervenes to create industry wide settlements as suggested by the Wenlingmodel However given the lack of a real connection between unions at this leveland the workers they represent and the heterogeneous workplaces that makedirect election of representatives more difficult we are not convinced that such amovement is imminent In addition there are a number of implementation andenforcement failures such as in the case of the restaurant industry in Wuhan thatsuggest the difficulty of achieving meaningful collective bargaining coverage for anentire regional industry

There is some evidence of increased coordination between decentralized andcentralized levels Zhang (2014) finds evidence of links between industry wagestructures and firm level bargaining in a circumstance when lead and supplierfirms belonging to the same value chain in the local labor market are involvedThis indicates some degree of dynamism distinct from the mostly static pictureimplied by our classification This movement of informal coordination appearssimilar to those practices in the West especially in Europe although perhaps it isat a more incipient stage here As Chinese employers in a cluster or industry beginto build better institutional structures to facilitate coordination that will stimulatea similar movement amongst workers and unions and thereby promote industrywide bargaining as well as firm level bargaining

CONCLUSION

In this paper we examine the growth of strikes and collective bargaining in ChinaUsing McAdamrsquos political process model we argued that Chinese workers are

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Labor Unrest and Collective Bargaining 181

striking more and proactively after 2008 The Chinese state has encouraged thegrowth of collective bargaining although its motivations for doing so could beattributed to different interests such as providing a mechanism to resolve laborconflict or to increase wages in its effort to lsquorebalancersquo the economy a necessarycondition to avoid the middle income trap We argued further that we wouldexpect to see considerable variation in collective bargaining based on the differentialinterests of central and local states who are enjoying more autonomy than theydid in the past And our analysis of the official union (ACFTU) and the crises ofidentity and legitimacy that it faces led us to expect that collective bargaining willbe predominantly inauthentic

The evidence largely supports our expectations Chinese workers are clearlystriking more after 2008 and the numbers of strikes from two different sets of datashow steady increases Collective bargaining has also grown sharply after 2008 butthe key agent charged with the responsibility of increasing bargaining coverage (theACFTU) tends to view it generally as a bureaucratic exercise Hence our findingthat much of the incipient collective bargaining in China hews to the inauthenticside of the continuum We also find considerable variation however in collectivebargaining This variation is attributable to the willingness of the state to allowexperimentation and it would appear that different industrial relations actors ielocal labor bureaucracies local employers and local unions exercise considerablefreedom to develop particular structures

While our taxonomy presents a static picture of collective bargaining in Chinatoday we also highlight how it may change in the future under the presentinstitutional structure We have identified several conditions that are necessary forbargaining arrangements to move towards greater authenticity Specifically eventhough the Chinese state is unlikely to permit workers to affiliate with unions of theirchoice reforms within the ACFTU that move it in the direction of increasing itsrepresentative function is one avenue for change An amendment to the GuangdongProvincial Regulation on Collective Contracts for Enterprises is in our view onepathway to more authentic bargaining The regulation is detailed covering notonly the content and subject matter of collective bargaining but includes extensiveprovisions regarding various aspects of collective negotiations Most crucially theregulation specifies clearly that lsquonegotiation representatives of the employees of thefirm must either be selected by the trade union or democratically elected by thestaff and workersrsquo ndash the first time that democratic elections have been specified inany provincial legislation regarding collective bargaining

However despite the growth and variation that we see and despite the promiseimplicit in the Guangdong regulations overall our paper suggests that collectivebargaining in China is at a very incipient stage At this point in 2015 our initialanalyses would suggest that the institution of collective bargaining in China is moreeffective at increasing wages thereby meeting the statersquos interest in rebalancing theeconomy and less effective in meeting the statersquos alternative interest ie representingworkers adequately so as to reduce industrial conflict

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182 S Kuruvilla and H Zhang

Under what conditions could collective bargaining meet the statersquos alternativeinterest This requires that Chinese unions overcome their problems of identity andlegitimacy A necessary condition is that the state must be willing to provide theunions with more independence What might bring this about The state wouldbe willing to do so if the legitimacy of the CCP is under threat And that couldhappen if industrial conflict and labor exploitation continue to increase despite thenew laws and union activity

However recent decisions suggest that the state has elected to follow an alternativeapproach of improving bargaining effectiveness with more centralization ratherthan providing local union autonomy In 2014 the ACFTU introduced a newfive-year plan (2014ndash2018) to promote collective bargaining Simultaneously inorder to improve collective bargaining effectiveness the ACFTU has adoptednew guidelines to its locals These include the notion that 100 of the workerscovered under CB should be aware of the bargaining and have provided themwith relatively centralized formats that would permit aggregation of data onwages More importantly in May 2015 the central government and CCP releasedlsquoSuggestions for Establishing Harmonious Labor Relationsrsquo ndash the first time thatharmonious labor relations were promoted at the central level in a special documentThese actions suggest that the CCP has acknowledged the shortcomings of thecurrent collective bargaining system (ie poor implementation poor quality ofagreements and the ACFTUs general inability to represent workers) and thethreat of continued industrial conflict to its own legitimacy but is still leery ofproviding local unions and workers with more autonomy that might result in thesuccessful institutionalization of bargaining

How does the development of Chinese unions and collective bargaininginstitutions compare with other Asian nations We might look to both Taiwanand South Korea for parallels Japan however is less comparable because thepost-war development of both unions and collective bargaining developed intandem with democratization (Gould 1984) and was led by employers whointroduced the famous pillars of lifetime employment seniority based wages andenterprise unions in search of labor stability (Hashimoto 1991) In both Koreaand Taiwan however the export oriented industrialization regimes adopted byauthoritarian governments entailed a high degree of control of labor Ratherlike China today Taiwanrsquos policies then required the unions to be affiliated toone central federation (the Chinese Federation of Labor) which was controlled bythe Kuomintang regime (Deyo 1987) Korea adopted a similar approach with thecreation of the Federation of Korean Trade Unions created by the governmentHowever in contrast to Taiwan (where the workforce was mostly composed oflabor working in agriculture and small scale industries) Korearsquos labor movementeven under authoritarian governments developed a stronger working class identityDeyo (1987) and Chu (1998) argue due to the tradition of nationalist mobilizationagainst the Japanese occupation large sized firms involved in heavy industries andhigh industry concentration Both countries democratized in the late 1980s Given

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Labor Unrest and Collective Bargaining 183

their historical weakness the labor movement in Taiwan did not play a major rolein the democratization processes unlike the Korean labor movement which was acentral player in the process in Korea Consequently post democratization Koreanunions aggressively demonstrated their power through waves of strikes (Chu 1998)that resulted in the formal institutionalization of a new industrial relations regimealong pluralist lines Taiwanrsquos labor movement given its historical weakness did notassert themselves as strongly after democratization although a new labor relationsregime developed thereafter Thus although there was broad similarity in termsof state control of labor in Korea Taiwan and China that similarity ended in the1980s upon democratization in Korea and Taiwan The Chinese labor movementstill remains under state control and the future evolution of both labor unions andcollective bargaining is as we have argued earlier in this paper dependent on CCPrsquosstrategies

Having developed a lsquobaselinersquo taxonomy of collective bargaining how mightfuture research advance our knowledge about collective bargaining in China Mostimportantly we need research (detailed case studies) on how collective bargainingis conducted in different parts of China As Friedman and Kuruvilla (2014) haveargued there is much experimentation and decentralization and more empiricalevidence of these processes are clearly necessary in order to evaluate what worksbest in which locations and why We specifically need more case studies ofauthentic bargaining Second we need analyses of collective bargaining contracts(on both a national and regional scale) in order to determine which are the keyissues of contention between management and labor and how they are changingovertime More research on the various experiments regarding union electionsand the impact of these on bargaining processes and outcomes is a key need aswell Thus there are plenty of opportunities for cutting edge research in collectivebargaining in China and we hope that Chinese management scholars would answerthis call for research into a crucial national human resource issue

NOTES

We thank Manfred Elfstrom and Eli Friedman for comments on an earlier version of this article andthe faculty at Renmin University School of Labor and Human Resources for hosting us[1] There have been various administrative provisions for collective negotiations since 1994 but

legal backing was only granted via the Labor Contract Law beginning in January 2008[2] According to the National Bureau of Statistics (NBS) the term lsquoenterprises above designated

sizersquo points to those industrial legal person enterprises whose yearly main business incomes equalto or are more than 5 million yuan (2009)

[3] The political geography in China divides the country into three levels of bureaucracies below thenational level namely the provincial level the citycounty level and the township level (Note thata village government is not an official bureaucracy but a villagersrsquo self-management organization)However as a legacy of the Kuomintang regime most cities include and administrate severalcounties and therefore the de facto bureaucratic system in China ndash according to which bothofficial unions and governments are structured ndash actually has four levels ie the provincial levelthe city level the countydistrict level and the township level

[4] We admit the possibility that the growing trend may be partially because of a betterdocumentation system now than before

Ccopy 2016 The International Association for Chinese Management Research

184 S Kuruvilla and H Zhang

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Blecher M amp Shue V 1996 Tethered deer Government and economy in a Chinese countyStanford CA Stanford University Press

Brown R 2006 Chinarsquos collective contract provisions Can collective negotiations embody collectivebargaining Duke Journal of Comparative and International Law 35 35ndash77

Cai F 2007 Zhongguo jingji mianlin de zhuanzhe jiqi dui fazhan he gaige de tiaozhan (The turningpoint faced by the Chinese economy and the challenge it presents to development and reform)Zhongguo Shehui Kexue (Social Sciences in China) 2007(3) 4ndash12

Chan A 1993 Revolution or corporatism Workers and trade unions in post-Mao China TheAustralian Journal of Chinese Affairs 29 31ndash61

Chan A 2009 Challenges and possibilities for democratic grassroots union elections in China Acase study of two factory-level elections and their aftermath Labor Studies Journal 34(3)293ndash317

Chan C K C amp Hui E S I 2014 The development of collective bargaining in China Fromlsquocollective bargaining by riotrsquo to lsquoparty state-led wage bargainingrsquo The China Quarterly217(1) 221ndash242

Chan K W 2010 A China paradox Migrant labor shortage amidst rural labor supply abundanceEurasian Geography and Economics 51(4) 513ndash530

Chang K 2013 Laogong guanxi jitihua zhuanxing yu zhengfu laogong zhengce de wanshan (Thecollective transformation of industrial relations and improvement of labor policies) ZhongguoShehui Kexue (Social Sciences in China) 2013(6) 91ndash108

Chen F 2003 Between the state and labour The conflict of Chinese trade unionsrsquo double identityin market reform The China Quarterly 176 1006ndash1028

Chen F 2007 Individual rights and collective rights Laborrsquos predicament in China Communistand Post-Communist Studies 40(1) 59ndash79

Chen F 2010 Trade unions and the quadripartite interactions in strike settlement in China TheChina Quarterly 201 104ndash124

Chu Y W 1998 Labor and democratization in South Korea and Taiwan Journal ofContemporary Asia 28(2) 185ndash202

Clarke S Lee C amp Li Q 2004 Collective consultation and industrial relations in China BritishJournal of Industrial Relations 42(2) 235ndash254

Deyo F C 1987 State and labor Modes of political exclusion in the East Asian development InF C Deyo (Ed) The political economy of the new Asian industrialism Ithaca NYCornell University Press

Eastmoney 2010 Zhixuan gonghui zhihou (After the direct election of the union)[Cited 14 September 2013] Available from URL httpmoneyeastmoneycomnews158320120918251427566html

Eisenhardt K 1989 Building theories from case study research Academy of ManagementReview 14(4) 532ndash550

Elfstrom M amp Kuruvilla S 2014 The changing nature of labor unrest in China Industrial andLabor Relations Review 67(2) 453ndash480

Frenkel S amp Kuruvilla S 2002 Logics of action globalization and changing employment relationsin China India Malaysia and the Philippines Industrial and Labor Relations Review55(3) 387ndash412

Friedman E D 2014a Insurgency trap Labor politics in postsocialist China Ithaca NYCornell University Press

Friedman E D 2014b Economic development and sectoral unions in China Industrial andLabor Relations Review 67(2) 481ndash503

Friedmand E D amp Kuruvilla S 2015 Experimentation and decentralization in Chinese industrialrelations Human Relations 68(2) 181ndash195

Friedman E amp Lee C K 2010 Remaking the world of Chinese labour A 30-year retrospectiveBritish Journal of Industrial Relations 48(3) 507ndash533

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Labor Unrest and Collective Bargaining 185

Gallagher M E 2005 Contagious capitalism Globalization and the politics of labor inChina Princeton Princeton University Press

Gallagher M E 2010 lsquoWe are not machinesrsquo Teen spirit on Chinarsquos shopfloor China Beat [Cited31 March 2015] Available from URL httpwwwthechinabeatorgp=2538

Gallagher M E amp Dong B 2011 Legislating harmony Labor law reform in contemporaryChina In S Kuruvilla C K Lee amp M E Gallagher (Eds) From iron rice bowl toinformalization Markets workers and the state in a changing China Ch3 IthacaNY Cornell University Press

Gallagher M E 2014 Chinarsquos workers movement and the end of the rapid-growth era Daedalus143(2) 81ndash95

Gould W B 1984 Japanrsquos reshaping of American labor law Cambridge MA MIT PressHashimoto M 1991 The industrial relations system in Japan An interpretation and policy

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297Howell J A 2008 All-China Federation of Trades Unions beyond reform The slow march of direct

elections The China Quarterly 196 845ndash863Hu Y 2011 Shenme shi jiti hetong lsquoCaihong Jihuarsquo (What is the collective contract lsquoRainbow Planrsquo)

[Cited 14 September 2013] Available from URL httpwwwhaishang-lawcomArticlezhuanyeyanjiulaodongjiufen2011046155html

Hui E S I 2011 Understanding labour activism The Honda workersrsquo strike In C Scherrer (Ed)Chinarsquos labor questions Ch3 Munchen Mering Germang Rainer Hampp

Hui E S I amp Chan C K C 2014 Beyond the union-centered approach A critical evaluation ofrecent trade union elections in China British Journal of Industrial Relations

Katz H amp Darbishire O 2002 Converging divergences Worldwide changes inemployment systems Ithaca NY Cornell University Press

Katz H C Kochan T A amp Colvin A J S 2014 Labor relations in a global world Anintroduction focused on emerging countries Ithaca NY Cornell University Press

Lee C H 2011 Between the hierarchy and market Emerging mezzo-corporatistindustrial relations in China Unpublished manuscript

Lee C K 2007 Against the law Labor protests in Chinarsquos Rustbelt and Sunbelt BerkeleyUniversity of California Press

Liu M 2010 Union organizing in China Still a monolithic labor movement Industrial andLabor Relations Review 64(1) 30ndash52

Luo S 2011 Collective contracts but no collective bargaining In C Scherrer (Ed) Chinarsquos laborquestions Ch3 Munchen Mering Germang Rainer Hampp

Luthje B 2012 Diverging trajectories Economic rebalancing and labor policiesin China East-West Center Working Paper No 23 [Cited 31 March 2015] Avail-able from URL httpwwweastwestcenterorgpublicationsdiverging-trajectories-economic-rebalancing-and-labor-policies-china

Luthje B Luo S amp Zhang H 2013 Beyond the Iron Rice Bowl Regimes of productionand industrial relations in China Frankfurt amp New York Campus

McAdam D 1999 Political process and the development of Black Insurgency 1930ndash19702nd ed Chicago and London The University of Chicago Press

McDermott E P 2010 Industrial relations in China Ball of Confusion In K Townsend ampA Wilkinson (Eds) Research handbook on work and employment relations Ch16United Kingdom Edward Elgar Publishing

Meng Q 2012 Tanpan youxi zhong de lsquoshuoherenrsquo Yi DLDA qu wei li (The lsquomediatorrsquo in thebargaining game A case of DLDA) Qinghua Shehuixue Pinglun (Tsinghua SociologicalReview) 6 206ndash222

Meng Q Lu J Lei X Wang R amp Chang C 2011 2010 Zhongguo bagongchaodiaocha yu fenxi baogao (Report on the 2010 strike wave in China) Unpublishedmanuscript

OECD 2013 Protecting jobs enhancing flexibility A new look at employment protectionlegislation In OECD Employment Outlook Ch2 [Cited 31 March 2015] Available from URLhttpdxdoiorg101787empl_outlook-2013-en

Oi J 1995 The role of the local state in Chinarsquos transitional Economy The China Quarterly 1441132ndash1149

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186 S Kuruvilla and H Zhang

Peng M amp Du Q 2010 Quanzong guli tansuo gonghui zhuxi zhixuan (The ACFTUencourages direct elections of union chairs) [Cited 14 September 2013] Available fromURL httpepaperoeeeecomAhtml2010-0911content_1175401htm

Pan P P 2009 Out of Maorsquos shadow The struggle for the soul of a new China New YorkSimon amp Schuster

Rapoza K 2011 In coastal China a labor shortage Forbes [Cited 31 March2015] Available from URL httpwwwforbescomsiteskenrapoza20111220in-coastal-china-a-labor-shortage

Silver B J amp Zhang L 2009 China as an emerging epicenter of world labor unrest In H-F Hung(Ed) China and the transformation of global capitalism Baltimore Johns HopkinsUniversity Press

Stockmann D amp Gallagher M E 2011 Remote control How the media sustain authoritarian rulein China Comparative Political Studies 44(4) 436ndash467

Taylor B Chang K amp Li Q 2003 Industrial relations in China Cheltenham Edward ElgarTaylor B amp Li Q 2007 Is the ACFTU a union and does it matter Journal of Industrial

Relations 49(5) 701ndash715Taylor B amp Li Q 2010 Chinarsquos creative approach to lsquounionrsquo organizing Labor History 51(3)

411ndash428Tarrow S 1998 Power in movement Social movements and contentious politics New

York Cambridge University PressThe China Post 2012 China eyes 13 minimum wage rise in 5 years [Cited 31 March

2015] Available from URL httpwwwchinapostcomtwbusinessasia-china20120209331042China-eyeshtm

The Economist 2012 A dangerous year Unrest in China [Cited 31 March 2015] Available fromURL httpwwweconomistcomnode21543477

Unger J 2002 The transformation of rural China Armonk NY M E SharpeUnger J amp Chan A 1995 China corporatism and the East Asian model The Australian Journal

of Chinese Affairs 1995 29ndash53Venn D 2009 Legislation collective bargaining and enforcement Updating the OECD

employment protection indicators [Cited 31 March 2015] Available from URLhttpwwwoecdorgemploymentemp43116624pdf

Wang Z 2012 More workers staying near home China Daily [Cited 31 March 2015] Available fromURL httpwwwchinadailycomcnchina2012-0428content15166329htm

Warner M amp Ng S H 1999 Collective contracts in Chinese enterprises A new brand of collectivebargaining under lsquomarket Socialismrsquo British Journal of Industrial Relations 37(2) 295ndash314

Webb S amp Webb B 1897 Industrial democracy London New York amp Bombay LongmansGreen amp Co

Wen X amp Lin K 2015 Reconstituting industrial relations The experience of Wenling Journalof Contemporary China 24(94) 665ndash683

Wen X 2013 Gonghui zhixuan Guangdong shijian de jingyan yu jiaoxun (Union directelection Lessons from Guangdong) Paper presented at the 6th Annual Congress ofChina Labor Relations Association of the China Human Resource Development AssociationGuangzhou November 2013

Weston T B 2004 The iron man weeps Joblessness and political legitimacy in the Chinese rustbelt In P H Gries amp S Rosen (Eds) State and society in 21st century China Crisiscontention and legitimation 67ndash86 New York RoutledgeCurzon

Wu Q 2012 Jiti xieshang yu guojia zhudao xiade laodong guanxi zhili (Collective negotiationand state-oriented labor relations governance) Shehuixue Yanjiu (Sociological Studies)2012(3) 66ndash89

Xie Y amp Guo Y 2011 Zhongguo shi gongzi jiti xieshang moshi tansuo Wuhan shi canyin hangyegongzi jiti xieshang diaocha (A survey of collective consultation on wages in the catering industryin Wuhan) Zhongguo Laodong Guanxi Xueyuan Xuebao (Journal of China Instituteof Industrial Relations) 25(6) 54ndash58

Xie Y Chen J Chen P amp Xiao Q 2012 Zhongguo hangye gongzi jiti xieshang xiaoguode shizheng fenxi Yi Wuhan canyin hangye weili (An empirical analysis of industrialbargaining outcomes in China An example from the Wuhan restaurant and catering industry)Jingji Shehui Tizhi Bijiao (Comparative Economic and Social Systems) 2012(5)55ndash67

Ccopy 2016 The International Association for Chinese Management Research

Labor Unrest and Collective Bargaining 187

Xu X 2005 lsquoZiran zhuangtairsquo de gongzi jiti xieshang Zhongguo nanfang mouzhen yangmaoshanhangye gongzi jiti xieshang (Collective consultation and discussion on the wages under thelsquonatural conditionrsquo) Tianjin Gonghui Guanli Ganbu Xueyuan Xuebao (Journal ofTianjin Trade Union Administratorsrsquo College) 13(3) 29ndash32

Zhang H 2014 Informality in Chinarsquos collective bargaining Unpublished Masters thesisCornell University Ithaca NY

Zhang J amp Shi Y 2012 Guanyu hangye jiti xieshang qingkuang de diaocha baogao (Survey onindustrial collective negotiation) Zhongguo Laodong Guanxi Xueyuan Xuebao (Journalof China Institute of Industrial Relations) 26(4) 51ndash57

Sarosh Kuruvilla (sck4cornelledu) is Professor of Industrial RelationsAsian Studies and Public Affairs at Cornell University and Visiting Professor atthe London School of Economics His research focuses on the linkage betweeneconomic development strategies and labor and human resources policies Hehas published numerous articles and 3 books on various aspects of labor relationsin Asia He is currently researching collective bargaining in ChinaHao Zhang (hz256cornelledu) is a PhD student at Cornell UniversityrsquosSchool of Industrial and Labor Relations His primary research focus is laborand employment relations with special attention to China And he has ongoinginterests in globalization development political economy skill formationproduction and work

Manuscript received September 18 2014Final version accepted September 28 2015 (number of revisions ndash 2)Accepted by Editor-in-Chief Arie Lewin

Ccopy 2016 The International Association for Chinese Management Research

  • INTRODUCTION
  • THEORETICAL PERSPECTIVES
    • Worker Militancy
    • State Promotion of Collective Bargaining
    • Variations in Collective Bargaining
    • The Future of Collective Bargaining
      • METHODOLOGY
      • RESULTS
        • Strikes
        • Collective Bargaining
        • Emerging Variation Varieties of Collective Bargaining in China
          • DISCUSSION
            • Moving across Quadrants The Future of Collective Bargaining and The Roles of Unions and Employers
              • CONCLUSION
              • NOTES
              • REFERENCES

Labor Unrest and Collective Bargaining 163

Stockmann and Gallagher (2011) note that by telling lsquogrittyrsquo stories of mistreatmentand eventual redemption via arbitration and court Chinese state newspapers bothattract readers (serving the needs of an increasingly commercialized press) andaccording to surveys conducted by Stockmann and Gallagher increase trust in theefficacy of legal activism

Importantly the state has allowed more open discussion of industrial strife Theyear 2008 marked the rollout of what has been dubbed Chinarsquos lsquoControl 20rsquoapproach to media and public opinion Communist Party Secretary Hu Jintao calledfor lsquoreleasing authoritative information at the earliest moment raising timelinessincreasing transparency and firmly grasping the initiative in news propagandaworkrsquo (Bandurski 2008 1) However strikes and other worker lsquomass incidentsrsquohave since received increased coverage albeit with a Party-approved slant This hasmeant that workers hear more about other workersrsquo activism than ever before AsElfstrom and Kuruvillarsquos (2014) qualitative interviews suggest lsquoThe Honda strike in

particular gave workers a new momentum It awakened themrsquo and lsquoThe Honda strike had a

big impact on workersrsquo opinions because of the media attention given to the strike Similar strikes

occurred in the past but without the same attentionrsquoWe would therefore expect lsquocognitive liberationrsquo to take place workers should

demand higher wages more attention to the details of working life and wouldstrike if their demands were not met We would expect both quantitative shift interms of an increasing number of strikes and we would expect pro-active strikesfor a variety of instrumental reasons We would expect more strikes in all regionsof China in contrast to regional differences identified in prior research

State Promotion of Collective Bargaining

The Chinese government has since 2008 embarked on a coordinated effort toincrease collective bargaining It has done so via three separate initiatives a changein the role of the Ministry of Human Resources and Social Security (MOHRSS) theinclusion of provisions for collective contract negotiations in the new labor laws ofthe 2007ndash2010 period (discussed above)[1] and most importantly the instructionsof the ACFTU to increase union organizing and collective bargaining coverageacross the country The primary change in the role of the MOHRSS has beento make it more responsible for the growth of collective bargaining The LaborContract Law contains six articles about collective contracts stipulating the contentof collective bargaining and the right to ratify a collective bargaining agreementof the workersrsquo congress And two articles focus specifically on the establishmentof relatively centralized ndash regional and industry level ndash bargaining Finally thestate and the ACFTU articulated the lsquoRainbow Planrsquo (2008) to introduce collectivebargaining in enterprises Specific targets were established ie collective contractsshould be generally established in enterprises above a designated size[2] in EastChina by 2009 in Central China by the end of 2010 and in the whole country bythe end of 2012 Meanwhile they continued to encourage (without specific targets)

Ccopy 2016 The International Association for Chinese Management Research

164 S Kuruvilla and H Zhang

industry-wide or regional agreements to cover those nonunionized or small tomedium-sized enterprises (Hu 2011) What explains the statersquos interests in doing so

We do not yet have a coherent theory of the Chinese statersquos interests In facta variety of concepts can be found in the literature to characterize the Chinesestate and will not be repeated here (see Howell 2006 for a comprehensivereview) Howell (2006 274) suggests that the proliferation of terms to describethe Chinese state (development state entrepreneurial state the corporatist statethe dual developmental state the market facilitating state) by authors such asBlecher (1991) Blecher and Shue (1996) and Oi (1995) masks a lsquodeeper processof state fragmentation that fosters contradictory and complex patterns of statebehaviorrsquo Howell (2006 275) suggests that to understand the Chinese state todaywe must recognize that the state lies between various categories displaying lsquoelementsof efficiency and inefficiency of control and chaos of relative autonomy andclientelism of neoliberalism and neocorporatismrsquo This conception of the Chinesestate allows it to be best understood as lsquopolymorphous assuming multiple complexforms and behaviours across time and spacersquo (Howell 2006 276) and provides uswith a better understanding of state interests in developing collective bargaining

One explanation for the statersquos action to increase collective bargaining drawsprimarily on the basic and long established institutional theory about industrialconflict and collective bargaining developed by the Webbs in their influential workIndustrial Democracy (1897) The Webbsrsquo solution to labor conflict (consisting of lsquothedevice of the common rulersquo [basic minimum standards legislation] on the one handand on the other hand collective bargaining to equalize power between labor andmanagement) has been the basis for most approaches states the world over havetaken to reduce industrial conflict under what Frenkel and Kuruvilla (2002) term lsquoalogic of labor peacersquo The Chinese governmentrsquos response in encouraging collectivebargaining is in many ways consistent with this explanation in that it has enactedminimum standards legislation and is increasing collective bargaining coverage butit is doing so in ways that do not result in the formation of free labor unions iethe state here is corporatist and neoliberal at the same time

An alternative perspective is that the statersquos labor policy is based on lsquodecentralizedlegal authoritarianismrsquo (Friedman amp Lee 2010) which suggests a great emphasison legal system building (Gallagher 2005) in order to steer the reform of the socialgovernance system in general and the labor relations system in particular towardsan authoritarian lsquorule by lawrsquo system (Friedman amp Lee 2010) This explains themany legislations increasing labor protection during the 2007ndash2010 period with theresult that OECD has ranked the strictness of employment protection in Chineselabor and employment laws as among the highest in major countries (OECD 2013Venn 2009) This also explains why the state has encouraged legal mobilizationand seeks to channel labor conflict into the judicial and semi-judicial system(Gallagher amp Dong 2011 Lee 2007) in part to maintain political control Giventhat labor peace (ie no strikes) can be achieved by strong protective legislation onminimum standards as well as effective dispute resolution mechanisms the statersquos

Ccopy 2016 The International Association for Chinese Management Research

Labor Unrest and Collective Bargaining 165

encouragement of collective bargaining (an essentially democratic concept whichimplies some amount of independent agency on the part of workers) which mightresult in collective activity that might threaten the regime remains puzzling

Yet another explanation for the statersquos encouragement of collective bargainingcan be found in the conception of the lsquodevelopmentalrsquo state As Friedman andKuruvilla (2015) note at the firm level high rates of labor turnover and severe laborshortages have come to be one of the key limits to future growth The inability toretain a stable workforce has pushed employers in the industrial centers in coastalareas to look elsewhere Cai (2007) has suggested that China may be at the lsquoLewisianturning pointrsquo when labor scarcity begins to shift the economy away from laborintensive input-driven growth to enhanced productivity declining inequality andgreater domestic consumption On the other hand Chan (2010) argues that thecountry has not yet reached a Lewisian turning point but is instead experiencinga series of shorter-term mismatches of ages skills and demand However at thenational level the state has espoused the goal of lsquoeconomic rebalancingrsquo makinghousehold consumption rather than state-driven investment the key engine foreconomic growth an important consideration to avoid the lsquomiddle income traprsquothat the World Bank has predicted that China will reach in 2030 In 2010 Chinarsquoshousehold consumption as a share of GDP was only 38 while similar figures forBrazil Germany India and the USA are higher than 60

The state has already acted At the 2013 plenum the CCP outlined a planto increase the role of markets in resource allocation by 2018 along with arange of policies that loosen various institutional interdependencies granting moreautonomy to local governments but at the same time making the judiciary lessdependent on local governments Economic rebalancing calls for industrial policiesthat stimulate domestic demands and strengthen citizensrsquo purchasing power andmarket-oriented institutions to have wages increased in tandem with industrial andeconomic growth Wage growth is particularly important and here we find analternative explanation for the statersquos encouragement of collective bargaining TheCCPrsquos 17th National Congress (2007) laid out the general target of establishingmechanisms for regular wage increases in enterprises First in 2008 and then againin 2014 collective bargaining was written into the central governmentrsquos work reportto the Peoplersquos Congress where the government announced the establishmentof mechanisms for regular wage increases in enterprises to deepen the reformof the income distribution system Encouraging the ACFTU to establish collectivebargaining in every establishment can be seen as one way to satisfy the statersquos interestto increase wages and move the economy into higher value added productivity basedgrowth

A different basis for the statersquos promotion of collective bargaining lies in its role asa regulator enacting policies consistent with the vision of a lsquoharmoniousrsquo society anoverarching concept adopted by the CCP during the Hu Jin Tao regime The statehas a keen interest under this conception in limiting the growth in inequality Inthe 30 years since economic reform began China has gone from being the worldrsquos

Ccopy 2016 The International Association for Chinese Management Research

166 S Kuruvilla and H Zhang

most equal large economy with a gini coefficient of approximately 026 in 1979 toamongst the most unequal large economies (with a gini coefficient of 047 in 2012)The widening income inequality is seen as a potential threat to political stability (agini coefficient of 040 is seen as the lsquosecurity linersquo) Again a variety of actions in thelabor arena can be seen as inequality reduction mechanisms notably the plethoraof laws that promote equal pay and move workers from the informal sphere tothe formal sphere Collective bargaining and especially industry wide collectivebargaining is one way to standardize wages and benefits within industries

Variations in Collective Bargaining

Although the central state promotes collective bargaining using uniformmechanisms at the national level there is significant variation in the developmentof collective bargaining mechanisms rules and in institutionalization across ChinaWhat might explain this variation In most countries variations in collectivebargaining processes can be linked to differences in bargaining structure (whichin turn depends on the structure of unions and employers) as well as differentregulations across states or regions (see Katz amp Darbishire 2002) The state inChina through its Labor Contract Law has promoted some variation in that itsupports both collective bargaining at the firm level as well as collective bargainingat the industry level (articles 53 and 54) Friedman and Kuruvilla (2015) argue thatChina is taking an experimental gradualist and decentralized approach to theintroduction of collective bargaining and to labor relations reform They suggestthat there are a number of ways in which the central state promotes or allows localexperimentation One the one hand the ACFTU has consciously undermined thepower of the nationally organized industrial unions in favor of regionally basedfederations to prevent them from developing potentially an independent base ofpolitical power Hence much of the experimentation we see is at the enterprise levelBut we must remember that provincial and local governments also have interestsAnd local governments play a major role in promoting collective negotiationsFor instance Friedman and Kuruvilla (2015) note that the Binhai new district inTianjin provides firms with a subsidy equal to 15 of the total increase in wage billthat comes about through collective bargaining Clearly the local government hasinterests in raising wages and wants to incentivize firms to use collective bargainingregularly Other local governments encourage collective bargaining because it mayprevent strikes and the general instability that ensues as a result of public protestsSeveral provinces have enacted detailed regulations that go above and beyond thenational regulations with regard to collective bargaining Recently Guangdongprovince enacted bargaining regulations taking effect in January 2015 which notonly provide for employer obligation to bargain but even more far reaching allowthe direct election of worker representatives by workers The point here is that wewould expect to see considerable variation in collective bargaining based on theinterests of different provincial and municipal governments But these variations are

Ccopy 2016 The International Association for Chinese Management Research

Labor Unrest and Collective Bargaining 167

tolerated and in fact encouraged by the central state and as argued by Friedmanand Kuruvilla (2015) consistent with the statersquos approaches in other arenas Forinstance the state has allowed a variety of experimentations with market reform todevelop in the provinces which has resulted in experiments with decollectivizationof land (Unger 2002) If regions proved successful their models could be promotedthroughout the country We argue that the state is taking a similar approachwith regard to collective bargaining In part given the differences in employmentstructure ownership industry workforce composition across regions provincesand cities a differentiated approach is necessary However the statersquos toleranceof diversity coexists with a key requirement that independent forms of workerorganization are banned

In sum we suggest that the central and local states promote collective bargainingfor a variety of different interests and that we should expect to see a variation incollective bargaining arrangements across different provinces and regions HenceHowellrsquos conception of the Chinese state as a polymorphous one is best suited to theanalysis of its motivations for promoting collective bargaining In order to predictthe future direction of collective bargaining we then turn to an analysis of Chineseunions and employers

The Future of Collective Bargaining

As noted earlier the future of collective bargaining depends heavily on the degreeto which it is institutionalized which in turn depends on the ability and willingnessof employers and trade unions to adopt the process At the moment we arguethat it is at an incipient stage The state has established the basic framework via itsTripartite Conference on the Coordination of Labor Relations (xietiao laodong guanxi

sanfang huiyi) involving the labor ministry the ACFTU and the China EnterpriseConfederation-China Enterprise Directorsrsquo Association (CEC-CEDA) ndash a semi-official employer association in China in 2001 (Brown 2006) The tripartite systemwas strengthened in February 2005 when the lsquoCircular on Further Advancingthe Collective Wage Negotiationrsquo was published by the three parties requiring allbranches of the three parties at different levels to collaboratively work together toincrease collective bargaining The statersquos lsquolegislative onslaughtrsquo in 20078 for thefirst time created a legal basis for collective bargaining And finally the state hasinstructed the ACFTU to organize workplaces and establish collective bargainingin all workplaces articulated now through the lsquorainbowrsquo plan

Since the primary engine for collective bargaining growth apparently rests onthe ACFTU it is useful to theoretically examine its evolution The key questionhere is whether the ACFTU can effectively represent Chinese workers in collectivenegotiations There are two primary lines of debate and argument with regardto the role of the ACFTU The first concerns the ACFTUrsquos identity whether it isfunctioning in largely path dependent ways and has not yet made the transition toa new role in a market based society The second is that the ACFTU suffers from

Ccopy 2016 The International Association for Chinese Management Research

168 S Kuruvilla and H Zhang

a crisis of legitimacy in that most workers do not trust the union or see it as effectiveWe discuss each in turn below

With regard to whether the role of the ACFTU has transformed Chen hasargued that the ACFTU remains stuck to its lsquodouble institutionalrsquo identity as bothan apparatus of the state (acting on behalf of the nationrsquos collective good) and asa labor organization to protect workersrsquo interests (Chen 2003) In the old systemChen argues that the ACFTU did not quite experience tensions between its tworoles largely because its representation function was lsquoactually absorbed by thestatersquo given that its paternalistic labor regime under the lsquoiron rice bowlrsquo system ofemployment guaranteed workers economic interests such as work pay health careand social security But under a market based system it is increasingly experiencingthese tensions especially as industrial disputes and worker militancy increase

Yet the extent to which the ACFTU has evolved in a more representativedirection remains contested Chan (Chan 1993 Unger amp Chan 1995) argues thatthe ACFTU played an effective corporatist role in the socialist period but is likelyto continue this in the market era because the statersquos needs to effectively bridge thegap between the grassroots and the state in the market economy has created spacefor the ACFTU among other such organizations to incorporate worker voice intothe bureaucratic system of the state Chan (1993) predicted that the ACFTU wouldtransform from its state corporatist role to that of a more societal corporatist rolethat features lsquoa coalescing of horizontal interests from the bottom upwardrsquo

However Friedman (2014a) does not see a promising corporatist future for theACFTU for three reasons First corporatism requires that workersrsquo voices aresuccessfully incorporated into the system while the ACFTU does not incorporateworkers voices Second corporatism requires that workers give up political demandsin exchange for economic benefits and therefore implies a relatively de-commodifiedmodel of social governance whereas in China workers clearly do not enjoysufficiently such benefits Third however co-opted a union under corporatismis it is a somewhat independent intermediary organization between the grassrootsand the state while the ACFTU is clearly part of the state apparatus with no suchindependence

That being said clearly there is some transition to a more representative roleof the ACFTU Chen (2003) documents the increasing ways in which unions aretaking up their representative function with regard to individual if not collectivedisputes The ACFTU has carried out reforms and lsquoexperimentsrsquo at both centraland local levels In the arena of organizing unions at all levels have developedvarious models (ie the traditional ACFTU pattern the union association patterand the regional industry-based pattern) to strategically organize workers (Liu2010) Nevertheless the unionsrsquo ability to effectively represent workers is limitedon the one hand by their subjective position with regard to the employer and onthe other because union leadership cadres see union organizing as a bureaucraticexercise to meet the targets suggested by the state rather than a strategic one (Liu2010 Taylor amp Li 2010)

Ccopy 2016 The International Association for Chinese Management Research

Labor Unrest and Collective Bargaining 169

Chen (2003) suggests that there is a natural limit to the ACFTUrsquos ability tobe an independent representative agent ie the state will not loosen its controlover the unions because of lsquosolidarity phobiarsquo (eg the Polish experience) wherebymore independent unionism is seen as subversive and threatening to the regimeas well as being threatening to the role of the state as a lsquodevelopmentalrsquo stateTherefore we expect that the state will continue protecting the ACFTU monopolyon worker representation ndash a condition that Friedman (2014a) called lsquoappropriatedrepresentationrsquo whereby the ACFTU may be able to promote collective bargainingusing its unique political position at the national level whereas workplace unionswill remain weak and illegitimate

The crisis of legitimacy of the ACFTU has been well documented by severalauthors (Howell 2008 Taylor amp Li 2007) The key argument here is that Chineseworkers do not trust the ACFTU to adequately represent them and in fact inmany workplaces where the ACFTU is present the workers do not even know thatthey have representation The ACFTU is seen as largely apathetic willing to allowmanagement to exercise control (this explains the phenomena of lsquodual postingrsquowhere the companyrsquos human resource manager is allowed by the ACFTU officialsto act as lsquounion leaderrsquo) Friedman (2014a) suggests that official unions have beenunable to win recognition from workers and therefore wildcat strikes and otherforms of representation continue to be the most effective means of addressingworker grievances There have been recent experiments regarding direct unionelections which would arguably lead to more representative unions and hencemore legitimate ones but there is a lack of sufficient worker involvement in theseexperiments (Chan 2009 Howell 2008) with a notable exception of electionsinitiated by workers via spontaneous strikes (Hui amp Chan 2014)

Given that unions have an identity crisis as well as a crisis of legitimacy the keyhypotheses that we can advance is that unions will be unable to effectively representworkers in collective bargaining and are more likely to see collective bargaining asa bureaucratic exercise just as they view union organizing Collective agreementsthen are more likely to be formalistic exercises that primarily re-state the basicconditions under the laws and less likely to advance workersrsquo interests

Like the ACFTU the two national employer associations ndash the CEC-CEDAand the All China Federation of Industry and Commerce (ACFIC) ndash participatein the tripartite framework to promote collective bargaining but both are alsosubordinated to the CCP Our current ongoing research suggests that theseemployer associations are half-hearted partners in promoting collective bargainingLocal employer associations although theoretically have to be affiliated with thetwo big national associations often enjoy more autonomy from the state as well astheir upper levels in decision making than their equivalents on the union side do(Friedman 2014b) This allows them to ignore collective bargaining or when it suitstheir interests to encourage and promote it Given tight labor market conditionsit often suits local employers to engage in some form of regional or industry-wide coordination on wages and working conditions In such cases local employer

Ccopy 2016 The International Association for Chinese Management Research

170 S Kuruvilla and H Zhang

associations serve as mechanisms of employersrsquo collective voice while lead firmsare indeed key players But apart from these industry-wide bargaining scenariosemployers tend to shy away from collective bargaining at the firm level except afterstrikes

Given the unionrsquos identity and legitimacy crises and the employersrsquo relative lackof interest in promoting collective bargaining at the firm level we have no basis toexpect that the institution of collective bargaining will fulfill the statersquos objectives inintroducing it as a means of containing labor conflict In what follows we discussour methodology and in our results section we attempt to categorize the variationthat we see in collective bargaining (based on very limited research) in China

METHODOLOGY

In the absence of official data we rely on alternative estimates of strikes of whichtwo sources are available The first is a website run by the China Labour Bulletina Hong Kong based NGO that collects information on worker protests and strikeslargely from news reports in Chinese newspapers but also from dissident blog sitesand through the organizationrsquos radio call in show The second is a website calledChina Strikes (Elfstrom amp Kuruvilla 2014) which also uses newspaper reportsbut also individual lsquotip-offsrsquo through their website While China Strikes has focusedon the period of 2008ndash2012 the China Labour Bulletin reports strikes from 2011onwards For the overlapping years ie 2011ndash2012 both websites have identifiedsimilar numbers of strikes However both sources of data have shortcomings Firstit is possible that both websites under-report the actual number of incidences ofworker protests and strikes since there are many incidences that do not find theirway into newspapers for a variety of reasons Second it is possible that only biggerstrikes that disrupt life outside the factory gates (such as taxi strikes) get reportedin the press And finally the criticism that these two websites may be measuringnews stories rather than real strikes is also not entirely without substance Howeverin the absence of official statistics these are the only sources of data even if theyunderstate by a significant margin the real numbers

With regard to collective bargaining our goal is to use the limited research alreadypublished and our own observations (we are currently engaged in a research projecton collective bargaining that is not yet complete) to create a taxonomy of collectivebargaining in China Given that collective bargaining is a relatively new institutionbut one that is expected to grow in the coming years establishing a taxonomy todaywill be useful as a baseline against which future studies can make comparisonsOur taxonomy uses two concepts to classify current collective bargaining Theseare the degree of centralization (or decentralization) and the degree of authenticityof collective bargaining

Whether bargaining is centralized or decentralized depends on the bargainingstructure ie the level at which bargaining takes place and the employees andemployers it covers (Katz Kochan amp Colvin 2014) In Western European

Ccopy 2016 The International Association for Chinese Management Research

Labor Unrest and Collective Bargaining 171

countries a centralized (or multi-employer) bargaining structure is instituted atlevels beyond individual firms usually at the industry or national level wherenegotiations are carried out by national or industrial level organizations of unionsand employers National level agreements are common in Austria and Swedenwhereas industry level agreements are common in Germany Netherlands andBelgium Decentralized bargaining (where agreements are negotiated by companylevel unions and their employers are more common in the US and JapanIn China the labor contract law permits both centralized and decentralizedbargaining although the centralized bargaining it envisages is actually at a moredecentralized level than in other countries Specifically the law limits regionalor industry level collective contracts in construction mining restaurant andother industries to areas below the county level[3] The statersquos rationale for thislimitation is twofold ie the need to resolve issues of employment instability laborshortages strikes high turnover low social security coverage at the county levelwhile at the same time providing an institutional structure to extend collectivebargaining coverage to workers in these difficult to organize industries ndash mostlysmall short-lived and non-unionized businesses In practice local unions oftenare reluctant to establish collective bargaining at above-county levels and regionalauthorities do not encourage this either while the state actively discourages industrywide bargaining structures above the country level Thus we will expect to seemore collective bargaining agreements at the firm level rather than industrylevel

Collective bargaining can also vary based on the degree to which bargaining isauthentic As we have noted earlier there is a clear tendency towards what are calledlsquotemplate agreementsrsquo where management and union sign a formalistic agreementthat simply re-states the minimum conditions of the law and where workers are noteven aware of these agreements These would be inauthentic agreements We definea collective bargaining agreement as authentic if it meets the following conditionswhether unions and employers actually engage in a process of negotiations whetherworkers have input into crafting the demands that the union negotiates on theirbehalf whether those negotiations result in concrete outcomes and whether theprocess is repeated more than once (a sign of institutionalization) As we will showthe majority of collective bargaining agreements tend to be inauthentic Authenticagreements are relatively few and typically they occur after a strike since the strikeby workers needs to be settled and it can only be settled by negotiations

Based on our theoretical discussion with regard to strikes we would expect tosee steadily increasing numbers of strikes offensive in nature all across the countryalong with steadily increasing conflict rates Based on our analysis of the centraland local statesrsquo multiple interests we would expect to see steady growth in thenumber of collective bargaining agreements since 2008 and significant variationFinally based on our analysis of the ACFTU and employersrsquo associations we wouldexpect to see many inauthentic agreements and a preponderance of firm levelbargaining

Ccopy 2016 The International Association for Chinese Management Research

172 S Kuruvilla and H Zhang

Table 1 Strikes in China 2008ndashAugust 2014

Year

Number of

strikes

Average number of

strikes per month

2008 47 42009 32 32010 88 72011 233 192012 393 332013 656 552014 (till August) 644 81

(Source The 2008ndash2012 data about China are fromChina Strikes website available from URL httpschinastrikescrowdmapcom The 2013 data aboutChina are from China Labor Bulletin available fromURL httpwwwnumblecomPHPmysqlclbmapehtml)

6 916

0

20

40

60

80

100

120

140

Jan-

08

Jun-

08

Nov

-08

26

Apr-

09

Sep-

09

Feb-

10

Jul-1

0

17

31 3541

Dec-

10

May

-11

Oct

-11

Mar

-12

49

7265

78

64

119

Aug-

12

Jan-

13

Jun-

13

Nov

-13

105

-

Chin

Chin

a Strikes

a Labor Bullen

Figure 2 Monthly strikes in China 2008ndash2014 (Source China Labor Bulletin available fromURL httpwwwnumblecomPHPmysqlclbmapehtml and China Strikes available from URLhttpschinastrikescrowdmapcom)

RESULTS

Strikes

China Strikes reports a total of 793 strikes during the 2008ndash2012 period whilethe China Labour Bulletin indicates a total of 1867 strikes between Jan 2011 andAugust 2014 Table 1 shows counts of strikes after integrating estimates from bothwebsites What is notable is that the average frequency of strikes per month hasbeen increasing steadily Figure 2 graphs this trend[4] Chinese workers appear tobe striking more and longer indicative of their bargaining power

If one assumes as we argued that the Chinese data represents a massiveundercount of reality then clearly China is the lsquostrike capitalrsquo of the world withmore strikes per year than most other countries An alternative way of examiningwhether there is conflict in the system is to look at the number of labor disputes in

Ccopy 2016 The International Association for Chinese Management Research

Labor Unrest and Collective Bargaining 173

Table 2 Labor disputes in China (2000ndash2012 every alternative year)

2000 2002 2004 2006 2008 2010 2012

Annual Average

Growth Rate

Number of casesaccepted

135206 184116 260471 317162 693465 600865 641202 1385

Number ofworkersinvolved

422617 608396 764981 679312 1214328 815121 882487 633

Number ofcollective labordisputes

8247 11024 19241 13977 21880 9314 7252 minus 107

Number ofworkersinvolved incollective labordisputes

259445 374956 477992 348714 502713 211755 231894 minus 093

Number of casessettled

130688 178744 258678 310780 622719 634041 643292 1420

Number of casessettled bymediation

41877 50925 83400 104435 221284 250131 302552 1791

Number of casessettled byarbitrationlawsuit

54142 77340 110708 141465 274543 266506 268530 1428

Cases mediatedbefore accepted

77342 70840 130321 237283 163997 212937 1066

(Source China Labor Statistical Yearbook 2013)

China As the data in Table 2 suggests the number of labor disputes in China hasalso increased over the last few years

In sum and despite problems with the available data our research suggeststhat Chinese workers are increasingly militant and that the number of strikes inChina seems to be steadily increasing as are other indicators of industrial conflictconsistent with our expectations

Collective Bargaining

The published data show considerable growth in collective bargaining in Chinafrom 2006 onward As is apparent from Table 3 the annual growth rates in thenumber of collective contracts are high nearly 20 per year The number ofenterprises being covered by the contracts has been growing by almost 100 peryear indicating a great expansion of multi-employer ndash industrial and regionalndash contracts as well Clearly therefore the statersquos encouragement of collectivebargaining has been successful in quantitative terms Yet the growth in collectivebargaining does not show an appreciable decline in industrial conflict measuredby strikes or data on industrial disputes At a preliminary level this suggests thatthe statersquos encouragement of collective bargaining as a method of reducing conflict

Ccopy 2016 The International Association for Chinese Management Research

174 S Kuruvilla and H Zhang

Table 3 Growth of collective bargaining in China 2005ndash2010

2005 2006 2007 2008 2009 2010

Average Annual

Growth Rate

Number ofcollectivebargainingcontracts onwages

251794 304978 343329 410606 512151 608483 1930

Number ofenterprisescovered

41306 525964 622063 774501 901665 1115874 9334

Staff andworkerscovered bycollectivebargaining

35312320 37145872 39685737 51101198 61776321 75657331 1646

(Source China Trade Union Yearbooks 2006ndash2011)

Table 4 Wage growth in China (2000ndash2013)

Year

Average Yearly

Nominal

Wages (yuan) Growth of Nominal Wages Growth of Real Wages

2000 9333 122 1132001 10834 161 1532002 12373 142 1542003 13969 129 1192004 15920 140 1032005 18200 143 1252006 20856 146 1292007 24721 185 1342008 28898 169 1072009 32244 116 1262010 36539 133 982011 41799 144 862012 46769 119 902013 51483 101 73

(Source China Statistical Yearbook 2014)

and strikes is not successful or to be conservative not successful yet At the sametime data on wages show steady growth (see Table 4) We can draw two differentconclusions from this limited data One is that the key interest of the state wasnot to reduce conflict via the introduction of collective bargaining but to increaseand stabilize wages If this conception of the statersquos interest is correct then itprovides support for the argument that the state is acting in lsquodevelopmentalrsquo waysin encouraging collective bargaining as an instrument to rebalance the economy Analternative explanation is that the state does want to introduce collective bargainingin order to reduce conflict (as has been done in most parts of the world) but thequality of collective bargaining is not very good and hence does not meet that goal

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Labor Unrest and Collective Bargaining 175

FormalisticIneffective AuthenticEffective

Centralization

Decentralization

- Industry-wide Agreements that are ineffective egWuhan Restaurants

- Well established industry wide agreements eg The Wenling Model

- Template Bargaining

- Strike-triggered Bargaining

- State-intervened Bargaining

- Informal Bargaining

- Informal Coordination

- Democratic Grassroots Union Election

- Employer Coordination and state Intervention

Q3 Q4 Q1 Q2

Figure 3 A taxonomy of varieties of collective bargaining in China

If this is true then the policy prescriptions are clearer Below we look more closelyat the nature of collective bargaining

Emerging Variation Varieties of Collective Bargaining in China

Based on the limited available research we classify collective bargaining agreementsbased on how centralized or decentralized and how authentic or inauthentic theyare Recall our key caveat that there is relatively little published research andhence our taxonomy below (see Figure 3) is not based on a representative sampleas it should be However we want to highlight that this is by no means a staticclassification because we also see dynamism where there is movement from onequadrant to another At best this taxonomy should be seen as an initial estimateor baseline against which future research can examine progress over the comingdecade

Quadrant 1 Decentralized inauthentic collective bargaining Perhaps the most commonform of collective bargaining is what we term lsquotemplate bargainingrsquo and what other

Ccopy 2016 The International Association for Chinese Management Research

176 S Kuruvilla and H Zhang

researchers have described as lsquocollective contracts without collective bargainingrsquoor lsquopaper contractsrsquo (Chen 2007 Clarke et al 2004 Luo 2011) Typically thelocal government ndash often the labor administration and official union ndash develops atemplate for a collective contract that employers and the local branch of the unionshould sign (jiti hetong fanben) In some cases the template agreement contains blankspaces for wage increases which enterprises can customize to suit their needsUsually a template agreement leaves little room for the parties to bargain overinterest-based issues (Chen 2007) This is the model of collective bargaining mostcommonly followed by the ACFTU which provides its unions with these templateagreements for various regions that employers are requested to sign and whichre-state minimum legal conditions Often employers prepare the contracts andunions simply sign them without engaging in any negotiation (Clarke et al 2004Luo 2011 Taylor Chang amp Li 2003 Wu 2012)

The ACFTU which is targeted with increasing the coverage of collectivebargaining within the country appears more interested in the quantity ofagreements signed (to meet its targets) with relatively little focus on the quality (Wu2012) Some of these template agreements are not even enforced due to weaknessesin the labor inspection regime (Wu 2012) or because the local enterprise unionsalso exist primarily lsquoon paperrsquo having been set up by the ACFTU in collaborationwith the employer often without the workersrsquo knowledge (Liu 2010) Thus thougha large majority of Chinese collective bargaining agreements hew to this type wesee them as being largely inauthentic and the most decentralized given that theyare signed at the enterprise level These have been well documented in existingstudies (Clarke et al 2004 Luo 2011 Taylor et al 2003 Warner amp Ng 1999) sowe shall not expand on them here

Quadrant 2 Decentralized authentic collective bargaining A small but growing number ofcollective bargaining agreements at the firm level can be termed more authenticalthough there is some variation to the extent that they truly encapsulate genuinebargaining There are three different ways in which this type of collective bargainingis happening One and perhaps the most authentic form of collective bargainingis the negotiations that take place after a strike as Elfstrom amp Kuruvilla (2014)suggest The best known case of strike-triggered bargaining is the Honda NanhaiTransmission plantrsquos strike in 2010 that resulted in substantial wage increases forworkers and later also triggered a strike wave in the local and national auto industryleading to substantial wage negotiation in many of those cases as well (Hui 2011)Since a strike when it occurs is frequently settled by negotiations these days (Chang2013) the steady growth in the number of strikes implies growth in more authenticcollective bargaining There is increasing research that suggest that strikes beforeand during the 2010 strike wave were settled via negotiations between provisionallyelected workersrsquo representatives and employers (Chen 2010 Meng 2012 MengLu Lei Wang amp Chang 2011) Some of these strike-based settlements have beenoften facilitated by the mediation of local governments and official unions and

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Labor Unrest and Collective Bargaining 177

the state in various places has appeared to prefer using this approach rather thansuppressing striking workers (Chang 2013 Gallagher 2014) Chen (2010) refersto these dispute and strike settlement mechanisms as quadripartite bargaininginvolving four actors (the state the ACFTU the employers and the workers)Strikes and post-strike settlements are an important route by which collectivebargaining is becoming institutionalized suggests Meng (2012) in his research onDalian

The second way that authentic bargaining may occur without collective actionby workers is through the direct intervention by the local government Chan andHuirsquos (2014) research on Hondarsquos (Guangzhou) 2011 bargaining round suggeststhat although a union in which workers elected their representatives and collectivebargaining were institutionalized in the firm after the 2010 strike the localgovernment directly intervened in the negotiations during the 2011 bargaininground and encouraged the parties to come to agreement Arguably the localgovernment was interested in avoiding a potential strike We refer to this as authenticbecause it is occurring in a situation where workers choose their own representativesand the local government apparently takes the process seriously However this is amore isolated case

Although much of the prior literature has focused on formal bargaining structuresto make the claim that much of Chinese collective bargaining is inauthentic Zhang(2014) makes a compelling case that we should examine informal processes whichare perhaps just as important as formal structures and constitute the third wayin which bargaining is effective He finds in his study of the auto industry inTianjin that while formal bargaining looks just as formalistic as many other casesmuch of the real negotiation takes place at both enterprise and industry levelsthrough informal processes of coordination and negotiations that have resultedin meaningful outcomes Although there have not been strikes or governmentintervention in the auto-industry bargaining cases in Tianjin that Zhang examineshis research points to the active role of the firm union in ensuring substantialnegotiation Thus there are many different ways in which authentic bargaining iscarried out

Quadrant 3 Centralized and inauthentic collective bargaining A major strategy of theACFTUrsquos Rainbow Plan can be found in its effort to carry out regional and industry-level bargaining seen as necessary to bring employees of small and medium sizedfirms under collective bargaining coverage (Wu 2012) And as noted the ACFTUrsquosefforts are complemented by the state apparatus where key state departmentsoften take the lead in mobilizing employers For instance in the second authorrsquosongoing research he finds that in the case of hospitals in Tianjin the districtunion successfully mobilized the employers by leveraging the district Bureau ofPublic Health (BOPH) ndash a state institution in charge of examining approving andsupervising all local public health affairs ndash to create an industry wide collectivebargaining agreement However it was not clear that workers were aware of the

Ccopy 2016 The International Association for Chinese Management Research

178 S Kuruvilla and H Zhang

agreement nor was it clear that the agreement was enforced Similar efforts arealso identified in Tianjinrsquos construction industry as well as in other regions in Wursquos(2012) research

While we need more cases to draw firmer conclusions thus far what is clear isthat many of these industry-wide agreements are either formalistic or have shownthemselves to be ineffective and not institutionalized Similar to that of decentralizedand formalistic bargaining the reasons for ineffectiveness at this level include theunionrsquos focus on formalistic terms the absence of strict enforcement and oftenworker ignorance of the terms of the agreement or that they were represented bya union (a frequent issue when union representatives are not directly elected) (Wu2012) A classic example here is Friedmanrsquos (2014b) study of sectoral bargainingin Ruirsquoan eyeglass cluster in Zhejiang Province where workers interviewed indeedknew nothing about the industry level contract that covered them Probably thebest-known case of failure of enforcement of collective bargaining can be foundin Wuhan where the local government in a top-down process initiated sectoralnegotiations in 2011 in the restaurant industry Although the sectoral contract hasset wage terms for over 450000 workers from 40000 different establishments in2011 (Xie amp Guo 2011) and has been renegotiated successfully over the last threeyears which has been well covered by mass media recent research (Xie ChenChen amp Xiao 2012) shows that only 569 of employees surveyed were receivingthe wages stipulated in the contract

Despite these issues the ACFTU continues to focus on building collectivebargaining institutions at the industry and regional levels In Guangzhou forinstance the official union has organized the construction industry although nocollective bargaining has been successfully achieved (Friedman 2014b) In additionunion organizing by region has also been identified in areas with clusters of smallbusinesses such as community unions village union associations market unionsoffice building unions and union associations by ownership in development zones(Liu 2010) But we are skeptical of the prospects for institutionalization of collectivebargaining at the regional level given the heterogeneity in industries and firms ina region and given that often workers are not aware of the agreement nor do theyelect their representatives

Quadrant 4 Centralized authentic collective bargaining There are a few instances ofcentralized sectoral bargaining that qualify as authentic Unlike the previousexamples where it was either the local government or the ACFTU that was theprimary engine behind the development of collective bargaining in the case ofWenling the employers were the ones who initiated the project Wenling a town inZhejiang Province contains a knitwear cluster with more than 130 firms employingabout 12000 workers in 2002 In this case employers began spontaneous wagecoordination in an effort to deal with the rising turnover as a result of whatwas an acute labor shortage (Xu 2005) They formed an employer association in2000 and institutionalized wage coordination amongst themselves although not all

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Labor Unrest and Collective Bargaining 179

employers came on board By 2003 the local government stepped in establishingan industrial union which ultimately signed an industry-wide agreement with theemployer association (Wen amp Lin 2015) That contract has been renegotiated everyyear since and is stable although it overwhelmingly focuses on the piece-rates andnot other working conditions Moreover it is a clear case of relatively authenticcollective bargaining arrangement in terms of how well the contract is enforcedThe second author interviewed workers in the industry in 2013 and found that thepiece-rates that were used to pay them was higher than or equal to those stipulatedin the contract

The Wenling model is being increasingly diffused to other areas In all 15industries ndash including the pump sector in a town named Zeguo (Liu 2010) ndashhave carried out similar bargaining by 2012 covering roughly 6100 enterprisesand 400000 workers (Zhang amp Shi 2012) There are reports of cases developingin other textile and garment (Luthje Luo amp Zhang 2013 269) as well as othermanufacturing clusters (Lee 2011) The commonalities across these lsquosuccessfulcasesrsquo is that they are negotiating about the piece-rate at the industry level andwage coordination was welcomed by small and medium-sized firms in order toreduce turnover in a labor shortage situation Therefore success seems to be in partdetermined by employer interest and readiness for collective bargaining as well

DISCUSSION

Moving across Quadrants The Future of Collective Bargaining andThe Roles of Unions and Employers

While the above taxonomy presents a static picture of the varieties of collectivebargaining in China it is important to incorporate a dynamic element specificallywhat makes it possible to move from inauthentic to more authentic collectivebargaining and how might decentralized bargaining connect with more centralizedstructures to create more worker solidarity

How might we expect movement from inauthentic to more authentic bargainingat the firm level (ie from Quadrant 1 to Quadrant 2) Certainly as discussedearlier strikes could trigger such a movement But there are other ways as wellOne strategy recently adopted in Guangzhou and Shenzhen is the grassroots unionelection (namely direct election for grassroots trade union cadres [gonghui zhixuan])When workers are able to elect their own representatives rather than having unionleaders decided by the regional official union or the enterprise it builds the localunionsrsquo autonomy and independence and is one necessary step for the growth ofauthentic bargaining This focus on direct election is growing For instance theShenzhen Federation of Trade Unions announced in 2012 that 163 enterpriseswith more than 1000 employees would all adopt direct election (Eastmoney 2012)The second authorrsquos interview with a key informant involved in Shenzhenrsquos unionelection revealed that approximately 1000 out of the 30000 enterprise unions

Ccopy 2016 The International Association for Chinese Management Research

180 S Kuruvilla and H Zhang

in Shenzhen had lsquocarried out or reached the level of direct union election (dadao

zhixuan shuiping)rsquo by August 2011 In Guangzhou Peng amp Du (2010) report thatseveral hundred of the over 50000 firm unions had been directly elected by 2010The case of direct union elections in Omron (Shenzhen) has been documented inWen (2013) and Hui amp Chanrsquos (2014) work Yet we need more research to properlyevaluate how these elections are conducted

Although the efficacy of direct union elections has been debated (some argue thatthese elections were manipulated by employers or local officials others questionthe degree to which these will be institutionalized in todayrsquos political climate inChina and some suggest that there is rising opposition to direct elections fromboth employers and the state (Chan 2009 Howell 2008 Wen 2013) the availableevidence (Hui amp Chan 2014 Wen 2013) and more recent first hand evidence fromour research in Guangzhoursquos auto industry suggests that thus far democratic unionelections facilitates collective bargaining with real negotiation between workers andemployers including some conflictual negotiations that result in real rather thanformalistic outcomes and hence are more authentic

Movement from Quadrant 3 to 4 (ie from less authentic to more authenticbargaining at the centralized level) appears possible when employers take the firststep in coordinating through employer associations and when the local governmentdirectly intervenes to create industry wide settlements as suggested by the Wenlingmodel However given the lack of a real connection between unions at this leveland the workers they represent and the heterogeneous workplaces that makedirect election of representatives more difficult we are not convinced that such amovement is imminent In addition there are a number of implementation andenforcement failures such as in the case of the restaurant industry in Wuhan thatsuggest the difficulty of achieving meaningful collective bargaining coverage for anentire regional industry

There is some evidence of increased coordination between decentralized andcentralized levels Zhang (2014) finds evidence of links between industry wagestructures and firm level bargaining in a circumstance when lead and supplierfirms belonging to the same value chain in the local labor market are involvedThis indicates some degree of dynamism distinct from the mostly static pictureimplied by our classification This movement of informal coordination appearssimilar to those practices in the West especially in Europe although perhaps it isat a more incipient stage here As Chinese employers in a cluster or industry beginto build better institutional structures to facilitate coordination that will stimulatea similar movement amongst workers and unions and thereby promote industrywide bargaining as well as firm level bargaining

CONCLUSION

In this paper we examine the growth of strikes and collective bargaining in ChinaUsing McAdamrsquos political process model we argued that Chinese workers are

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Labor Unrest and Collective Bargaining 181

striking more and proactively after 2008 The Chinese state has encouraged thegrowth of collective bargaining although its motivations for doing so could beattributed to different interests such as providing a mechanism to resolve laborconflict or to increase wages in its effort to lsquorebalancersquo the economy a necessarycondition to avoid the middle income trap We argued further that we wouldexpect to see considerable variation in collective bargaining based on the differentialinterests of central and local states who are enjoying more autonomy than theydid in the past And our analysis of the official union (ACFTU) and the crises ofidentity and legitimacy that it faces led us to expect that collective bargaining willbe predominantly inauthentic

The evidence largely supports our expectations Chinese workers are clearlystriking more after 2008 and the numbers of strikes from two different sets of datashow steady increases Collective bargaining has also grown sharply after 2008 butthe key agent charged with the responsibility of increasing bargaining coverage (theACFTU) tends to view it generally as a bureaucratic exercise Hence our findingthat much of the incipient collective bargaining in China hews to the inauthenticside of the continuum We also find considerable variation however in collectivebargaining This variation is attributable to the willingness of the state to allowexperimentation and it would appear that different industrial relations actors ielocal labor bureaucracies local employers and local unions exercise considerablefreedom to develop particular structures

While our taxonomy presents a static picture of collective bargaining in Chinatoday we also highlight how it may change in the future under the presentinstitutional structure We have identified several conditions that are necessary forbargaining arrangements to move towards greater authenticity Specifically eventhough the Chinese state is unlikely to permit workers to affiliate with unions of theirchoice reforms within the ACFTU that move it in the direction of increasing itsrepresentative function is one avenue for change An amendment to the GuangdongProvincial Regulation on Collective Contracts for Enterprises is in our view onepathway to more authentic bargaining The regulation is detailed covering notonly the content and subject matter of collective bargaining but includes extensiveprovisions regarding various aspects of collective negotiations Most crucially theregulation specifies clearly that lsquonegotiation representatives of the employees of thefirm must either be selected by the trade union or democratically elected by thestaff and workersrsquo ndash the first time that democratic elections have been specified inany provincial legislation regarding collective bargaining

However despite the growth and variation that we see and despite the promiseimplicit in the Guangdong regulations overall our paper suggests that collectivebargaining in China is at a very incipient stage At this point in 2015 our initialanalyses would suggest that the institution of collective bargaining in China is moreeffective at increasing wages thereby meeting the statersquos interest in rebalancing theeconomy and less effective in meeting the statersquos alternative interest ie representingworkers adequately so as to reduce industrial conflict

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182 S Kuruvilla and H Zhang

Under what conditions could collective bargaining meet the statersquos alternativeinterest This requires that Chinese unions overcome their problems of identity andlegitimacy A necessary condition is that the state must be willing to provide theunions with more independence What might bring this about The state wouldbe willing to do so if the legitimacy of the CCP is under threat And that couldhappen if industrial conflict and labor exploitation continue to increase despite thenew laws and union activity

However recent decisions suggest that the state has elected to follow an alternativeapproach of improving bargaining effectiveness with more centralization ratherthan providing local union autonomy In 2014 the ACFTU introduced a newfive-year plan (2014ndash2018) to promote collective bargaining Simultaneously inorder to improve collective bargaining effectiveness the ACFTU has adoptednew guidelines to its locals These include the notion that 100 of the workerscovered under CB should be aware of the bargaining and have provided themwith relatively centralized formats that would permit aggregation of data onwages More importantly in May 2015 the central government and CCP releasedlsquoSuggestions for Establishing Harmonious Labor Relationsrsquo ndash the first time thatharmonious labor relations were promoted at the central level in a special documentThese actions suggest that the CCP has acknowledged the shortcomings of thecurrent collective bargaining system (ie poor implementation poor quality ofagreements and the ACFTUs general inability to represent workers) and thethreat of continued industrial conflict to its own legitimacy but is still leery ofproviding local unions and workers with more autonomy that might result in thesuccessful institutionalization of bargaining

How does the development of Chinese unions and collective bargaininginstitutions compare with other Asian nations We might look to both Taiwanand South Korea for parallels Japan however is less comparable because thepost-war development of both unions and collective bargaining developed intandem with democratization (Gould 1984) and was led by employers whointroduced the famous pillars of lifetime employment seniority based wages andenterprise unions in search of labor stability (Hashimoto 1991) In both Koreaand Taiwan however the export oriented industrialization regimes adopted byauthoritarian governments entailed a high degree of control of labor Ratherlike China today Taiwanrsquos policies then required the unions to be affiliated toone central federation (the Chinese Federation of Labor) which was controlled bythe Kuomintang regime (Deyo 1987) Korea adopted a similar approach with thecreation of the Federation of Korean Trade Unions created by the governmentHowever in contrast to Taiwan (where the workforce was mostly composed oflabor working in agriculture and small scale industries) Korearsquos labor movementeven under authoritarian governments developed a stronger working class identityDeyo (1987) and Chu (1998) argue due to the tradition of nationalist mobilizationagainst the Japanese occupation large sized firms involved in heavy industries andhigh industry concentration Both countries democratized in the late 1980s Given

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Labor Unrest and Collective Bargaining 183

their historical weakness the labor movement in Taiwan did not play a major rolein the democratization processes unlike the Korean labor movement which was acentral player in the process in Korea Consequently post democratization Koreanunions aggressively demonstrated their power through waves of strikes (Chu 1998)that resulted in the formal institutionalization of a new industrial relations regimealong pluralist lines Taiwanrsquos labor movement given its historical weakness did notassert themselves as strongly after democratization although a new labor relationsregime developed thereafter Thus although there was broad similarity in termsof state control of labor in Korea Taiwan and China that similarity ended in the1980s upon democratization in Korea and Taiwan The Chinese labor movementstill remains under state control and the future evolution of both labor unions andcollective bargaining is as we have argued earlier in this paper dependent on CCPrsquosstrategies

Having developed a lsquobaselinersquo taxonomy of collective bargaining how mightfuture research advance our knowledge about collective bargaining in China Mostimportantly we need research (detailed case studies) on how collective bargainingis conducted in different parts of China As Friedman and Kuruvilla (2014) haveargued there is much experimentation and decentralization and more empiricalevidence of these processes are clearly necessary in order to evaluate what worksbest in which locations and why We specifically need more case studies ofauthentic bargaining Second we need analyses of collective bargaining contracts(on both a national and regional scale) in order to determine which are the keyissues of contention between management and labor and how they are changingovertime More research on the various experiments regarding union electionsand the impact of these on bargaining processes and outcomes is a key need aswell Thus there are plenty of opportunities for cutting edge research in collectivebargaining in China and we hope that Chinese management scholars would answerthis call for research into a crucial national human resource issue

NOTES

We thank Manfred Elfstrom and Eli Friedman for comments on an earlier version of this article andthe faculty at Renmin University School of Labor and Human Resources for hosting us[1] There have been various administrative provisions for collective negotiations since 1994 but

legal backing was only granted via the Labor Contract Law beginning in January 2008[2] According to the National Bureau of Statistics (NBS) the term lsquoenterprises above designated

sizersquo points to those industrial legal person enterprises whose yearly main business incomes equalto or are more than 5 million yuan (2009)

[3] The political geography in China divides the country into three levels of bureaucracies below thenational level namely the provincial level the citycounty level and the township level (Note thata village government is not an official bureaucracy but a villagersrsquo self-management organization)However as a legacy of the Kuomintang regime most cities include and administrate severalcounties and therefore the de facto bureaucratic system in China ndash according to which bothofficial unions and governments are structured ndash actually has four levels ie the provincial levelthe city level the countydistrict level and the township level

[4] We admit the possibility that the growing trend may be partially because of a betterdocumentation system now than before

Ccopy 2016 The International Association for Chinese Management Research

184 S Kuruvilla and H Zhang

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Blecher M amp Shue V 1996 Tethered deer Government and economy in a Chinese countyStanford CA Stanford University Press

Brown R 2006 Chinarsquos collective contract provisions Can collective negotiations embody collectivebargaining Duke Journal of Comparative and International Law 35 35ndash77

Cai F 2007 Zhongguo jingji mianlin de zhuanzhe jiqi dui fazhan he gaige de tiaozhan (The turningpoint faced by the Chinese economy and the challenge it presents to development and reform)Zhongguo Shehui Kexue (Social Sciences in China) 2007(3) 4ndash12

Chan A 1993 Revolution or corporatism Workers and trade unions in post-Mao China TheAustralian Journal of Chinese Affairs 29 31ndash61

Chan A 2009 Challenges and possibilities for democratic grassroots union elections in China Acase study of two factory-level elections and their aftermath Labor Studies Journal 34(3)293ndash317

Chan C K C amp Hui E S I 2014 The development of collective bargaining in China Fromlsquocollective bargaining by riotrsquo to lsquoparty state-led wage bargainingrsquo The China Quarterly217(1) 221ndash242

Chan K W 2010 A China paradox Migrant labor shortage amidst rural labor supply abundanceEurasian Geography and Economics 51(4) 513ndash530

Chang K 2013 Laogong guanxi jitihua zhuanxing yu zhengfu laogong zhengce de wanshan (Thecollective transformation of industrial relations and improvement of labor policies) ZhongguoShehui Kexue (Social Sciences in China) 2013(6) 91ndash108

Chen F 2003 Between the state and labour The conflict of Chinese trade unionsrsquo double identityin market reform The China Quarterly 176 1006ndash1028

Chen F 2007 Individual rights and collective rights Laborrsquos predicament in China Communistand Post-Communist Studies 40(1) 59ndash79

Chen F 2010 Trade unions and the quadripartite interactions in strike settlement in China TheChina Quarterly 201 104ndash124

Chu Y W 1998 Labor and democratization in South Korea and Taiwan Journal ofContemporary Asia 28(2) 185ndash202

Clarke S Lee C amp Li Q 2004 Collective consultation and industrial relations in China BritishJournal of Industrial Relations 42(2) 235ndash254

Deyo F C 1987 State and labor Modes of political exclusion in the East Asian development InF C Deyo (Ed) The political economy of the new Asian industrialism Ithaca NYCornell University Press

Eastmoney 2010 Zhixuan gonghui zhihou (After the direct election of the union)[Cited 14 September 2013] Available from URL httpmoneyeastmoneycomnews158320120918251427566html

Eisenhardt K 1989 Building theories from case study research Academy of ManagementReview 14(4) 532ndash550

Elfstrom M amp Kuruvilla S 2014 The changing nature of labor unrest in China Industrial andLabor Relations Review 67(2) 453ndash480

Frenkel S amp Kuruvilla S 2002 Logics of action globalization and changing employment relationsin China India Malaysia and the Philippines Industrial and Labor Relations Review55(3) 387ndash412

Friedman E D 2014a Insurgency trap Labor politics in postsocialist China Ithaca NYCornell University Press

Friedman E D 2014b Economic development and sectoral unions in China Industrial andLabor Relations Review 67(2) 481ndash503

Friedmand E D amp Kuruvilla S 2015 Experimentation and decentralization in Chinese industrialrelations Human Relations 68(2) 181ndash195

Friedman E amp Lee C K 2010 Remaking the world of Chinese labour A 30-year retrospectiveBritish Journal of Industrial Relations 48(3) 507ndash533

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Labor Unrest and Collective Bargaining 185

Gallagher M E 2005 Contagious capitalism Globalization and the politics of labor inChina Princeton Princeton University Press

Gallagher M E 2010 lsquoWe are not machinesrsquo Teen spirit on Chinarsquos shopfloor China Beat [Cited31 March 2015] Available from URL httpwwwthechinabeatorgp=2538

Gallagher M E amp Dong B 2011 Legislating harmony Labor law reform in contemporaryChina In S Kuruvilla C K Lee amp M E Gallagher (Eds) From iron rice bowl toinformalization Markets workers and the state in a changing China Ch3 IthacaNY Cornell University Press

Gallagher M E 2014 Chinarsquos workers movement and the end of the rapid-growth era Daedalus143(2) 81ndash95

Gould W B 1984 Japanrsquos reshaping of American labor law Cambridge MA MIT PressHashimoto M 1991 The industrial relations system in Japan An interpretation and policy

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297Howell J A 2008 All-China Federation of Trades Unions beyond reform The slow march of direct

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[Cited 14 September 2013] Available from URL httpwwwhaishang-lawcomArticlezhuanyeyanjiulaodongjiufen2011046155html

Hui E S I 2011 Understanding labour activism The Honda workersrsquo strike In C Scherrer (Ed)Chinarsquos labor questions Ch3 Munchen Mering Germang Rainer Hampp

Hui E S I amp Chan C K C 2014 Beyond the union-centered approach A critical evaluation ofrecent trade union elections in China British Journal of Industrial Relations

Katz H amp Darbishire O 2002 Converging divergences Worldwide changes inemployment systems Ithaca NY Cornell University Press

Katz H C Kochan T A amp Colvin A J S 2014 Labor relations in a global world Anintroduction focused on emerging countries Ithaca NY Cornell University Press

Lee C H 2011 Between the hierarchy and market Emerging mezzo-corporatistindustrial relations in China Unpublished manuscript

Lee C K 2007 Against the law Labor protests in Chinarsquos Rustbelt and Sunbelt BerkeleyUniversity of California Press

Liu M 2010 Union organizing in China Still a monolithic labor movement Industrial andLabor Relations Review 64(1) 30ndash52

Luo S 2011 Collective contracts but no collective bargaining In C Scherrer (Ed) Chinarsquos laborquestions Ch3 Munchen Mering Germang Rainer Hampp

Luthje B 2012 Diverging trajectories Economic rebalancing and labor policiesin China East-West Center Working Paper No 23 [Cited 31 March 2015] Avail-able from URL httpwwweastwestcenterorgpublicationsdiverging-trajectories-economic-rebalancing-and-labor-policies-china

Luthje B Luo S amp Zhang H 2013 Beyond the Iron Rice Bowl Regimes of productionand industrial relations in China Frankfurt amp New York Campus

McAdam D 1999 Political process and the development of Black Insurgency 1930ndash19702nd ed Chicago and London The University of Chicago Press

McDermott E P 2010 Industrial relations in China Ball of Confusion In K Townsend ampA Wilkinson (Eds) Research handbook on work and employment relations Ch16United Kingdom Edward Elgar Publishing

Meng Q 2012 Tanpan youxi zhong de lsquoshuoherenrsquo Yi DLDA qu wei li (The lsquomediatorrsquo in thebargaining game A case of DLDA) Qinghua Shehuixue Pinglun (Tsinghua SociologicalReview) 6 206ndash222

Meng Q Lu J Lei X Wang R amp Chang C 2011 2010 Zhongguo bagongchaodiaocha yu fenxi baogao (Report on the 2010 strike wave in China) Unpublishedmanuscript

OECD 2013 Protecting jobs enhancing flexibility A new look at employment protectionlegislation In OECD Employment Outlook Ch2 [Cited 31 March 2015] Available from URLhttpdxdoiorg101787empl_outlook-2013-en

Oi J 1995 The role of the local state in Chinarsquos transitional Economy The China Quarterly 1441132ndash1149

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186 S Kuruvilla and H Zhang

Peng M amp Du Q 2010 Quanzong guli tansuo gonghui zhuxi zhixuan (The ACFTUencourages direct elections of union chairs) [Cited 14 September 2013] Available fromURL httpepaperoeeeecomAhtml2010-0911content_1175401htm

Pan P P 2009 Out of Maorsquos shadow The struggle for the soul of a new China New YorkSimon amp Schuster

Rapoza K 2011 In coastal China a labor shortage Forbes [Cited 31 March2015] Available from URL httpwwwforbescomsiteskenrapoza20111220in-coastal-china-a-labor-shortage

Silver B J amp Zhang L 2009 China as an emerging epicenter of world labor unrest In H-F Hung(Ed) China and the transformation of global capitalism Baltimore Johns HopkinsUniversity Press

Stockmann D amp Gallagher M E 2011 Remote control How the media sustain authoritarian rulein China Comparative Political Studies 44(4) 436ndash467

Taylor B Chang K amp Li Q 2003 Industrial relations in China Cheltenham Edward ElgarTaylor B amp Li Q 2007 Is the ACFTU a union and does it matter Journal of Industrial

Relations 49(5) 701ndash715Taylor B amp Li Q 2010 Chinarsquos creative approach to lsquounionrsquo organizing Labor History 51(3)

411ndash428Tarrow S 1998 Power in movement Social movements and contentious politics New

York Cambridge University PressThe China Post 2012 China eyes 13 minimum wage rise in 5 years [Cited 31 March

2015] Available from URL httpwwwchinapostcomtwbusinessasia-china20120209331042China-eyeshtm

The Economist 2012 A dangerous year Unrest in China [Cited 31 March 2015] Available fromURL httpwwweconomistcomnode21543477

Unger J 2002 The transformation of rural China Armonk NY M E SharpeUnger J amp Chan A 1995 China corporatism and the East Asian model The Australian Journal

of Chinese Affairs 1995 29ndash53Venn D 2009 Legislation collective bargaining and enforcement Updating the OECD

employment protection indicators [Cited 31 March 2015] Available from URLhttpwwwoecdorgemploymentemp43116624pdf

Wang Z 2012 More workers staying near home China Daily [Cited 31 March 2015] Available fromURL httpwwwchinadailycomcnchina2012-0428content15166329htm

Warner M amp Ng S H 1999 Collective contracts in Chinese enterprises A new brand of collectivebargaining under lsquomarket Socialismrsquo British Journal of Industrial Relations 37(2) 295ndash314

Webb S amp Webb B 1897 Industrial democracy London New York amp Bombay LongmansGreen amp Co

Wen X amp Lin K 2015 Reconstituting industrial relations The experience of Wenling Journalof Contemporary China 24(94) 665ndash683

Wen X 2013 Gonghui zhixuan Guangdong shijian de jingyan yu jiaoxun (Union directelection Lessons from Guangdong) Paper presented at the 6th Annual Congress ofChina Labor Relations Association of the China Human Resource Development AssociationGuangzhou November 2013

Weston T B 2004 The iron man weeps Joblessness and political legitimacy in the Chinese rustbelt In P H Gries amp S Rosen (Eds) State and society in 21st century China Crisiscontention and legitimation 67ndash86 New York RoutledgeCurzon

Wu Q 2012 Jiti xieshang yu guojia zhudao xiade laodong guanxi zhili (Collective negotiationand state-oriented labor relations governance) Shehuixue Yanjiu (Sociological Studies)2012(3) 66ndash89

Xie Y amp Guo Y 2011 Zhongguo shi gongzi jiti xieshang moshi tansuo Wuhan shi canyin hangyegongzi jiti xieshang diaocha (A survey of collective consultation on wages in the catering industryin Wuhan) Zhongguo Laodong Guanxi Xueyuan Xuebao (Journal of China Instituteof Industrial Relations) 25(6) 54ndash58

Xie Y Chen J Chen P amp Xiao Q 2012 Zhongguo hangye gongzi jiti xieshang xiaoguode shizheng fenxi Yi Wuhan canyin hangye weili (An empirical analysis of industrialbargaining outcomes in China An example from the Wuhan restaurant and catering industry)Jingji Shehui Tizhi Bijiao (Comparative Economic and Social Systems) 2012(5)55ndash67

Ccopy 2016 The International Association for Chinese Management Research

Labor Unrest and Collective Bargaining 187

Xu X 2005 lsquoZiran zhuangtairsquo de gongzi jiti xieshang Zhongguo nanfang mouzhen yangmaoshanhangye gongzi jiti xieshang (Collective consultation and discussion on the wages under thelsquonatural conditionrsquo) Tianjin Gonghui Guanli Ganbu Xueyuan Xuebao (Journal ofTianjin Trade Union Administratorsrsquo College) 13(3) 29ndash32

Zhang H 2014 Informality in Chinarsquos collective bargaining Unpublished Masters thesisCornell University Ithaca NY

Zhang J amp Shi Y 2012 Guanyu hangye jiti xieshang qingkuang de diaocha baogao (Survey onindustrial collective negotiation) Zhongguo Laodong Guanxi Xueyuan Xuebao (Journalof China Institute of Industrial Relations) 26(4) 51ndash57

Sarosh Kuruvilla (sck4cornelledu) is Professor of Industrial RelationsAsian Studies and Public Affairs at Cornell University and Visiting Professor atthe London School of Economics His research focuses on the linkage betweeneconomic development strategies and labor and human resources policies Hehas published numerous articles and 3 books on various aspects of labor relationsin Asia He is currently researching collective bargaining in ChinaHao Zhang (hz256cornelledu) is a PhD student at Cornell UniversityrsquosSchool of Industrial and Labor Relations His primary research focus is laborand employment relations with special attention to China And he has ongoinginterests in globalization development political economy skill formationproduction and work

Manuscript received September 18 2014Final version accepted September 28 2015 (number of revisions ndash 2)Accepted by Editor-in-Chief Arie Lewin

Ccopy 2016 The International Association for Chinese Management Research

  • INTRODUCTION
  • THEORETICAL PERSPECTIVES
    • Worker Militancy
    • State Promotion of Collective Bargaining
    • Variations in Collective Bargaining
    • The Future of Collective Bargaining
      • METHODOLOGY
      • RESULTS
        • Strikes
        • Collective Bargaining
        • Emerging Variation Varieties of Collective Bargaining in China
          • DISCUSSION
            • Moving across Quadrants The Future of Collective Bargaining and The Roles of Unions and Employers
              • CONCLUSION
              • NOTES
              • REFERENCES

164 S Kuruvilla and H Zhang

industry-wide or regional agreements to cover those nonunionized or small tomedium-sized enterprises (Hu 2011) What explains the statersquos interests in doing so

We do not yet have a coherent theory of the Chinese statersquos interests In facta variety of concepts can be found in the literature to characterize the Chinesestate and will not be repeated here (see Howell 2006 for a comprehensivereview) Howell (2006 274) suggests that the proliferation of terms to describethe Chinese state (development state entrepreneurial state the corporatist statethe dual developmental state the market facilitating state) by authors such asBlecher (1991) Blecher and Shue (1996) and Oi (1995) masks a lsquodeeper processof state fragmentation that fosters contradictory and complex patterns of statebehaviorrsquo Howell (2006 275) suggests that to understand the Chinese state todaywe must recognize that the state lies between various categories displaying lsquoelementsof efficiency and inefficiency of control and chaos of relative autonomy andclientelism of neoliberalism and neocorporatismrsquo This conception of the Chinesestate allows it to be best understood as lsquopolymorphous assuming multiple complexforms and behaviours across time and spacersquo (Howell 2006 276) and provides uswith a better understanding of state interests in developing collective bargaining

One explanation for the statersquos action to increase collective bargaining drawsprimarily on the basic and long established institutional theory about industrialconflict and collective bargaining developed by the Webbs in their influential workIndustrial Democracy (1897) The Webbsrsquo solution to labor conflict (consisting of lsquothedevice of the common rulersquo [basic minimum standards legislation] on the one handand on the other hand collective bargaining to equalize power between labor andmanagement) has been the basis for most approaches states the world over havetaken to reduce industrial conflict under what Frenkel and Kuruvilla (2002) term lsquoalogic of labor peacersquo The Chinese governmentrsquos response in encouraging collectivebargaining is in many ways consistent with this explanation in that it has enactedminimum standards legislation and is increasing collective bargaining coverage butit is doing so in ways that do not result in the formation of free labor unions iethe state here is corporatist and neoliberal at the same time

An alternative perspective is that the statersquos labor policy is based on lsquodecentralizedlegal authoritarianismrsquo (Friedman amp Lee 2010) which suggests a great emphasison legal system building (Gallagher 2005) in order to steer the reform of the socialgovernance system in general and the labor relations system in particular towardsan authoritarian lsquorule by lawrsquo system (Friedman amp Lee 2010) This explains themany legislations increasing labor protection during the 2007ndash2010 period with theresult that OECD has ranked the strictness of employment protection in Chineselabor and employment laws as among the highest in major countries (OECD 2013Venn 2009) This also explains why the state has encouraged legal mobilizationand seeks to channel labor conflict into the judicial and semi-judicial system(Gallagher amp Dong 2011 Lee 2007) in part to maintain political control Giventhat labor peace (ie no strikes) can be achieved by strong protective legislation onminimum standards as well as effective dispute resolution mechanisms the statersquos

Ccopy 2016 The International Association for Chinese Management Research

Labor Unrest and Collective Bargaining 165

encouragement of collective bargaining (an essentially democratic concept whichimplies some amount of independent agency on the part of workers) which mightresult in collective activity that might threaten the regime remains puzzling

Yet another explanation for the statersquos encouragement of collective bargainingcan be found in the conception of the lsquodevelopmentalrsquo state As Friedman andKuruvilla (2015) note at the firm level high rates of labor turnover and severe laborshortages have come to be one of the key limits to future growth The inability toretain a stable workforce has pushed employers in the industrial centers in coastalareas to look elsewhere Cai (2007) has suggested that China may be at the lsquoLewisianturning pointrsquo when labor scarcity begins to shift the economy away from laborintensive input-driven growth to enhanced productivity declining inequality andgreater domestic consumption On the other hand Chan (2010) argues that thecountry has not yet reached a Lewisian turning point but is instead experiencinga series of shorter-term mismatches of ages skills and demand However at thenational level the state has espoused the goal of lsquoeconomic rebalancingrsquo makinghousehold consumption rather than state-driven investment the key engine foreconomic growth an important consideration to avoid the lsquomiddle income traprsquothat the World Bank has predicted that China will reach in 2030 In 2010 Chinarsquoshousehold consumption as a share of GDP was only 38 while similar figures forBrazil Germany India and the USA are higher than 60

The state has already acted At the 2013 plenum the CCP outlined a planto increase the role of markets in resource allocation by 2018 along with arange of policies that loosen various institutional interdependencies granting moreautonomy to local governments but at the same time making the judiciary lessdependent on local governments Economic rebalancing calls for industrial policiesthat stimulate domestic demands and strengthen citizensrsquo purchasing power andmarket-oriented institutions to have wages increased in tandem with industrial andeconomic growth Wage growth is particularly important and here we find analternative explanation for the statersquos encouragement of collective bargaining TheCCPrsquos 17th National Congress (2007) laid out the general target of establishingmechanisms for regular wage increases in enterprises First in 2008 and then againin 2014 collective bargaining was written into the central governmentrsquos work reportto the Peoplersquos Congress where the government announced the establishmentof mechanisms for regular wage increases in enterprises to deepen the reformof the income distribution system Encouraging the ACFTU to establish collectivebargaining in every establishment can be seen as one way to satisfy the statersquos interestto increase wages and move the economy into higher value added productivity basedgrowth

A different basis for the statersquos promotion of collective bargaining lies in its role asa regulator enacting policies consistent with the vision of a lsquoharmoniousrsquo society anoverarching concept adopted by the CCP during the Hu Jin Tao regime The statehas a keen interest under this conception in limiting the growth in inequality Inthe 30 years since economic reform began China has gone from being the worldrsquos

Ccopy 2016 The International Association for Chinese Management Research

166 S Kuruvilla and H Zhang

most equal large economy with a gini coefficient of approximately 026 in 1979 toamongst the most unequal large economies (with a gini coefficient of 047 in 2012)The widening income inequality is seen as a potential threat to political stability (agini coefficient of 040 is seen as the lsquosecurity linersquo) Again a variety of actions in thelabor arena can be seen as inequality reduction mechanisms notably the plethoraof laws that promote equal pay and move workers from the informal sphere tothe formal sphere Collective bargaining and especially industry wide collectivebargaining is one way to standardize wages and benefits within industries

Variations in Collective Bargaining

Although the central state promotes collective bargaining using uniformmechanisms at the national level there is significant variation in the developmentof collective bargaining mechanisms rules and in institutionalization across ChinaWhat might explain this variation In most countries variations in collectivebargaining processes can be linked to differences in bargaining structure (whichin turn depends on the structure of unions and employers) as well as differentregulations across states or regions (see Katz amp Darbishire 2002) The state inChina through its Labor Contract Law has promoted some variation in that itsupports both collective bargaining at the firm level as well as collective bargainingat the industry level (articles 53 and 54) Friedman and Kuruvilla (2015) argue thatChina is taking an experimental gradualist and decentralized approach to theintroduction of collective bargaining and to labor relations reform They suggestthat there are a number of ways in which the central state promotes or allows localexperimentation One the one hand the ACFTU has consciously undermined thepower of the nationally organized industrial unions in favor of regionally basedfederations to prevent them from developing potentially an independent base ofpolitical power Hence much of the experimentation we see is at the enterprise levelBut we must remember that provincial and local governments also have interestsAnd local governments play a major role in promoting collective negotiationsFor instance Friedman and Kuruvilla (2015) note that the Binhai new district inTianjin provides firms with a subsidy equal to 15 of the total increase in wage billthat comes about through collective bargaining Clearly the local government hasinterests in raising wages and wants to incentivize firms to use collective bargainingregularly Other local governments encourage collective bargaining because it mayprevent strikes and the general instability that ensues as a result of public protestsSeveral provinces have enacted detailed regulations that go above and beyond thenational regulations with regard to collective bargaining Recently Guangdongprovince enacted bargaining regulations taking effect in January 2015 which notonly provide for employer obligation to bargain but even more far reaching allowthe direct election of worker representatives by workers The point here is that wewould expect to see considerable variation in collective bargaining based on theinterests of different provincial and municipal governments But these variations are

Ccopy 2016 The International Association for Chinese Management Research

Labor Unrest and Collective Bargaining 167

tolerated and in fact encouraged by the central state and as argued by Friedmanand Kuruvilla (2015) consistent with the statersquos approaches in other arenas Forinstance the state has allowed a variety of experimentations with market reform todevelop in the provinces which has resulted in experiments with decollectivizationof land (Unger 2002) If regions proved successful their models could be promotedthroughout the country We argue that the state is taking a similar approachwith regard to collective bargaining In part given the differences in employmentstructure ownership industry workforce composition across regions provincesand cities a differentiated approach is necessary However the statersquos toleranceof diversity coexists with a key requirement that independent forms of workerorganization are banned

In sum we suggest that the central and local states promote collective bargainingfor a variety of different interests and that we should expect to see a variation incollective bargaining arrangements across different provinces and regions HenceHowellrsquos conception of the Chinese state as a polymorphous one is best suited to theanalysis of its motivations for promoting collective bargaining In order to predictthe future direction of collective bargaining we then turn to an analysis of Chineseunions and employers

The Future of Collective Bargaining

As noted earlier the future of collective bargaining depends heavily on the degreeto which it is institutionalized which in turn depends on the ability and willingnessof employers and trade unions to adopt the process At the moment we arguethat it is at an incipient stage The state has established the basic framework via itsTripartite Conference on the Coordination of Labor Relations (xietiao laodong guanxi

sanfang huiyi) involving the labor ministry the ACFTU and the China EnterpriseConfederation-China Enterprise Directorsrsquo Association (CEC-CEDA) ndash a semi-official employer association in China in 2001 (Brown 2006) The tripartite systemwas strengthened in February 2005 when the lsquoCircular on Further Advancingthe Collective Wage Negotiationrsquo was published by the three parties requiring allbranches of the three parties at different levels to collaboratively work together toincrease collective bargaining The statersquos lsquolegislative onslaughtrsquo in 20078 for thefirst time created a legal basis for collective bargaining And finally the state hasinstructed the ACFTU to organize workplaces and establish collective bargainingin all workplaces articulated now through the lsquorainbowrsquo plan

Since the primary engine for collective bargaining growth apparently rests onthe ACFTU it is useful to theoretically examine its evolution The key questionhere is whether the ACFTU can effectively represent Chinese workers in collectivenegotiations There are two primary lines of debate and argument with regardto the role of the ACFTU The first concerns the ACFTUrsquos identity whether it isfunctioning in largely path dependent ways and has not yet made the transition toa new role in a market based society The second is that the ACFTU suffers from

Ccopy 2016 The International Association for Chinese Management Research

168 S Kuruvilla and H Zhang

a crisis of legitimacy in that most workers do not trust the union or see it as effectiveWe discuss each in turn below

With regard to whether the role of the ACFTU has transformed Chen hasargued that the ACFTU remains stuck to its lsquodouble institutionalrsquo identity as bothan apparatus of the state (acting on behalf of the nationrsquos collective good) and asa labor organization to protect workersrsquo interests (Chen 2003) In the old systemChen argues that the ACFTU did not quite experience tensions between its tworoles largely because its representation function was lsquoactually absorbed by thestatersquo given that its paternalistic labor regime under the lsquoiron rice bowlrsquo system ofemployment guaranteed workers economic interests such as work pay health careand social security But under a market based system it is increasingly experiencingthese tensions especially as industrial disputes and worker militancy increase

Yet the extent to which the ACFTU has evolved in a more representativedirection remains contested Chan (Chan 1993 Unger amp Chan 1995) argues thatthe ACFTU played an effective corporatist role in the socialist period but is likelyto continue this in the market era because the statersquos needs to effectively bridge thegap between the grassroots and the state in the market economy has created spacefor the ACFTU among other such organizations to incorporate worker voice intothe bureaucratic system of the state Chan (1993) predicted that the ACFTU wouldtransform from its state corporatist role to that of a more societal corporatist rolethat features lsquoa coalescing of horizontal interests from the bottom upwardrsquo

However Friedman (2014a) does not see a promising corporatist future for theACFTU for three reasons First corporatism requires that workersrsquo voices aresuccessfully incorporated into the system while the ACFTU does not incorporateworkers voices Second corporatism requires that workers give up political demandsin exchange for economic benefits and therefore implies a relatively de-commodifiedmodel of social governance whereas in China workers clearly do not enjoysufficiently such benefits Third however co-opted a union under corporatismis it is a somewhat independent intermediary organization between the grassrootsand the state while the ACFTU is clearly part of the state apparatus with no suchindependence

That being said clearly there is some transition to a more representative roleof the ACFTU Chen (2003) documents the increasing ways in which unions aretaking up their representative function with regard to individual if not collectivedisputes The ACFTU has carried out reforms and lsquoexperimentsrsquo at both centraland local levels In the arena of organizing unions at all levels have developedvarious models (ie the traditional ACFTU pattern the union association patterand the regional industry-based pattern) to strategically organize workers (Liu2010) Nevertheless the unionsrsquo ability to effectively represent workers is limitedon the one hand by their subjective position with regard to the employer and onthe other because union leadership cadres see union organizing as a bureaucraticexercise to meet the targets suggested by the state rather than a strategic one (Liu2010 Taylor amp Li 2010)

Ccopy 2016 The International Association for Chinese Management Research

Labor Unrest and Collective Bargaining 169

Chen (2003) suggests that there is a natural limit to the ACFTUrsquos ability tobe an independent representative agent ie the state will not loosen its controlover the unions because of lsquosolidarity phobiarsquo (eg the Polish experience) wherebymore independent unionism is seen as subversive and threatening to the regimeas well as being threatening to the role of the state as a lsquodevelopmentalrsquo stateTherefore we expect that the state will continue protecting the ACFTU monopolyon worker representation ndash a condition that Friedman (2014a) called lsquoappropriatedrepresentationrsquo whereby the ACFTU may be able to promote collective bargainingusing its unique political position at the national level whereas workplace unionswill remain weak and illegitimate

The crisis of legitimacy of the ACFTU has been well documented by severalauthors (Howell 2008 Taylor amp Li 2007) The key argument here is that Chineseworkers do not trust the ACFTU to adequately represent them and in fact inmany workplaces where the ACFTU is present the workers do not even know thatthey have representation The ACFTU is seen as largely apathetic willing to allowmanagement to exercise control (this explains the phenomena of lsquodual postingrsquowhere the companyrsquos human resource manager is allowed by the ACFTU officialsto act as lsquounion leaderrsquo) Friedman (2014a) suggests that official unions have beenunable to win recognition from workers and therefore wildcat strikes and otherforms of representation continue to be the most effective means of addressingworker grievances There have been recent experiments regarding direct unionelections which would arguably lead to more representative unions and hencemore legitimate ones but there is a lack of sufficient worker involvement in theseexperiments (Chan 2009 Howell 2008) with a notable exception of electionsinitiated by workers via spontaneous strikes (Hui amp Chan 2014)

Given that unions have an identity crisis as well as a crisis of legitimacy the keyhypotheses that we can advance is that unions will be unable to effectively representworkers in collective bargaining and are more likely to see collective bargaining asa bureaucratic exercise just as they view union organizing Collective agreementsthen are more likely to be formalistic exercises that primarily re-state the basicconditions under the laws and less likely to advance workersrsquo interests

Like the ACFTU the two national employer associations ndash the CEC-CEDAand the All China Federation of Industry and Commerce (ACFIC) ndash participatein the tripartite framework to promote collective bargaining but both are alsosubordinated to the CCP Our current ongoing research suggests that theseemployer associations are half-hearted partners in promoting collective bargainingLocal employer associations although theoretically have to be affiliated with thetwo big national associations often enjoy more autonomy from the state as well astheir upper levels in decision making than their equivalents on the union side do(Friedman 2014b) This allows them to ignore collective bargaining or when it suitstheir interests to encourage and promote it Given tight labor market conditionsit often suits local employers to engage in some form of regional or industry-wide coordination on wages and working conditions In such cases local employer

Ccopy 2016 The International Association for Chinese Management Research

170 S Kuruvilla and H Zhang

associations serve as mechanisms of employersrsquo collective voice while lead firmsare indeed key players But apart from these industry-wide bargaining scenariosemployers tend to shy away from collective bargaining at the firm level except afterstrikes

Given the unionrsquos identity and legitimacy crises and the employersrsquo relative lackof interest in promoting collective bargaining at the firm level we have no basis toexpect that the institution of collective bargaining will fulfill the statersquos objectives inintroducing it as a means of containing labor conflict In what follows we discussour methodology and in our results section we attempt to categorize the variationthat we see in collective bargaining (based on very limited research) in China

METHODOLOGY

In the absence of official data we rely on alternative estimates of strikes of whichtwo sources are available The first is a website run by the China Labour Bulletina Hong Kong based NGO that collects information on worker protests and strikeslargely from news reports in Chinese newspapers but also from dissident blog sitesand through the organizationrsquos radio call in show The second is a website calledChina Strikes (Elfstrom amp Kuruvilla 2014) which also uses newspaper reportsbut also individual lsquotip-offsrsquo through their website While China Strikes has focusedon the period of 2008ndash2012 the China Labour Bulletin reports strikes from 2011onwards For the overlapping years ie 2011ndash2012 both websites have identifiedsimilar numbers of strikes However both sources of data have shortcomings Firstit is possible that both websites under-report the actual number of incidences ofworker protests and strikes since there are many incidences that do not find theirway into newspapers for a variety of reasons Second it is possible that only biggerstrikes that disrupt life outside the factory gates (such as taxi strikes) get reportedin the press And finally the criticism that these two websites may be measuringnews stories rather than real strikes is also not entirely without substance Howeverin the absence of official statistics these are the only sources of data even if theyunderstate by a significant margin the real numbers

With regard to collective bargaining our goal is to use the limited research alreadypublished and our own observations (we are currently engaged in a research projecton collective bargaining that is not yet complete) to create a taxonomy of collectivebargaining in China Given that collective bargaining is a relatively new institutionbut one that is expected to grow in the coming years establishing a taxonomy todaywill be useful as a baseline against which future studies can make comparisonsOur taxonomy uses two concepts to classify current collective bargaining Theseare the degree of centralization (or decentralization) and the degree of authenticityof collective bargaining

Whether bargaining is centralized or decentralized depends on the bargainingstructure ie the level at which bargaining takes place and the employees andemployers it covers (Katz Kochan amp Colvin 2014) In Western European

Ccopy 2016 The International Association for Chinese Management Research

Labor Unrest and Collective Bargaining 171

countries a centralized (or multi-employer) bargaining structure is instituted atlevels beyond individual firms usually at the industry or national level wherenegotiations are carried out by national or industrial level organizations of unionsand employers National level agreements are common in Austria and Swedenwhereas industry level agreements are common in Germany Netherlands andBelgium Decentralized bargaining (where agreements are negotiated by companylevel unions and their employers are more common in the US and JapanIn China the labor contract law permits both centralized and decentralizedbargaining although the centralized bargaining it envisages is actually at a moredecentralized level than in other countries Specifically the law limits regionalor industry level collective contracts in construction mining restaurant andother industries to areas below the county level[3] The statersquos rationale for thislimitation is twofold ie the need to resolve issues of employment instability laborshortages strikes high turnover low social security coverage at the county levelwhile at the same time providing an institutional structure to extend collectivebargaining coverage to workers in these difficult to organize industries ndash mostlysmall short-lived and non-unionized businesses In practice local unions oftenare reluctant to establish collective bargaining at above-county levels and regionalauthorities do not encourage this either while the state actively discourages industrywide bargaining structures above the country level Thus we will expect to seemore collective bargaining agreements at the firm level rather than industrylevel

Collective bargaining can also vary based on the degree to which bargaining isauthentic As we have noted earlier there is a clear tendency towards what are calledlsquotemplate agreementsrsquo where management and union sign a formalistic agreementthat simply re-states the minimum conditions of the law and where workers are noteven aware of these agreements These would be inauthentic agreements We definea collective bargaining agreement as authentic if it meets the following conditionswhether unions and employers actually engage in a process of negotiations whetherworkers have input into crafting the demands that the union negotiates on theirbehalf whether those negotiations result in concrete outcomes and whether theprocess is repeated more than once (a sign of institutionalization) As we will showthe majority of collective bargaining agreements tend to be inauthentic Authenticagreements are relatively few and typically they occur after a strike since the strikeby workers needs to be settled and it can only be settled by negotiations

Based on our theoretical discussion with regard to strikes we would expect tosee steadily increasing numbers of strikes offensive in nature all across the countryalong with steadily increasing conflict rates Based on our analysis of the centraland local statesrsquo multiple interests we would expect to see steady growth in thenumber of collective bargaining agreements since 2008 and significant variationFinally based on our analysis of the ACFTU and employersrsquo associations we wouldexpect to see many inauthentic agreements and a preponderance of firm levelbargaining

Ccopy 2016 The International Association for Chinese Management Research

172 S Kuruvilla and H Zhang

Table 1 Strikes in China 2008ndashAugust 2014

Year

Number of

strikes

Average number of

strikes per month

2008 47 42009 32 32010 88 72011 233 192012 393 332013 656 552014 (till August) 644 81

(Source The 2008ndash2012 data about China are fromChina Strikes website available from URL httpschinastrikescrowdmapcom The 2013 data aboutChina are from China Labor Bulletin available fromURL httpwwwnumblecomPHPmysqlclbmapehtml)

6 916

0

20

40

60

80

100

120

140

Jan-

08

Jun-

08

Nov

-08

26

Apr-

09

Sep-

09

Feb-

10

Jul-1

0

17

31 3541

Dec-

10

May

-11

Oct

-11

Mar

-12

49

7265

78

64

119

Aug-

12

Jan-

13

Jun-

13

Nov

-13

105

-

Chin

Chin

a Strikes

a Labor Bullen

Figure 2 Monthly strikes in China 2008ndash2014 (Source China Labor Bulletin available fromURL httpwwwnumblecomPHPmysqlclbmapehtml and China Strikes available from URLhttpschinastrikescrowdmapcom)

RESULTS

Strikes

China Strikes reports a total of 793 strikes during the 2008ndash2012 period whilethe China Labour Bulletin indicates a total of 1867 strikes between Jan 2011 andAugust 2014 Table 1 shows counts of strikes after integrating estimates from bothwebsites What is notable is that the average frequency of strikes per month hasbeen increasing steadily Figure 2 graphs this trend[4] Chinese workers appear tobe striking more and longer indicative of their bargaining power

If one assumes as we argued that the Chinese data represents a massiveundercount of reality then clearly China is the lsquostrike capitalrsquo of the world withmore strikes per year than most other countries An alternative way of examiningwhether there is conflict in the system is to look at the number of labor disputes in

Ccopy 2016 The International Association for Chinese Management Research

Labor Unrest and Collective Bargaining 173

Table 2 Labor disputes in China (2000ndash2012 every alternative year)

2000 2002 2004 2006 2008 2010 2012

Annual Average

Growth Rate

Number of casesaccepted

135206 184116 260471 317162 693465 600865 641202 1385

Number ofworkersinvolved

422617 608396 764981 679312 1214328 815121 882487 633

Number ofcollective labordisputes

8247 11024 19241 13977 21880 9314 7252 minus 107

Number ofworkersinvolved incollective labordisputes

259445 374956 477992 348714 502713 211755 231894 minus 093

Number of casessettled

130688 178744 258678 310780 622719 634041 643292 1420

Number of casessettled bymediation

41877 50925 83400 104435 221284 250131 302552 1791

Number of casessettled byarbitrationlawsuit

54142 77340 110708 141465 274543 266506 268530 1428

Cases mediatedbefore accepted

77342 70840 130321 237283 163997 212937 1066

(Source China Labor Statistical Yearbook 2013)

China As the data in Table 2 suggests the number of labor disputes in China hasalso increased over the last few years

In sum and despite problems with the available data our research suggeststhat Chinese workers are increasingly militant and that the number of strikes inChina seems to be steadily increasing as are other indicators of industrial conflictconsistent with our expectations

Collective Bargaining

The published data show considerable growth in collective bargaining in Chinafrom 2006 onward As is apparent from Table 3 the annual growth rates in thenumber of collective contracts are high nearly 20 per year The number ofenterprises being covered by the contracts has been growing by almost 100 peryear indicating a great expansion of multi-employer ndash industrial and regionalndash contracts as well Clearly therefore the statersquos encouragement of collectivebargaining has been successful in quantitative terms Yet the growth in collectivebargaining does not show an appreciable decline in industrial conflict measuredby strikes or data on industrial disputes At a preliminary level this suggests thatthe statersquos encouragement of collective bargaining as a method of reducing conflict

Ccopy 2016 The International Association for Chinese Management Research

174 S Kuruvilla and H Zhang

Table 3 Growth of collective bargaining in China 2005ndash2010

2005 2006 2007 2008 2009 2010

Average Annual

Growth Rate

Number ofcollectivebargainingcontracts onwages

251794 304978 343329 410606 512151 608483 1930

Number ofenterprisescovered

41306 525964 622063 774501 901665 1115874 9334

Staff andworkerscovered bycollectivebargaining

35312320 37145872 39685737 51101198 61776321 75657331 1646

(Source China Trade Union Yearbooks 2006ndash2011)

Table 4 Wage growth in China (2000ndash2013)

Year

Average Yearly

Nominal

Wages (yuan) Growth of Nominal Wages Growth of Real Wages

2000 9333 122 1132001 10834 161 1532002 12373 142 1542003 13969 129 1192004 15920 140 1032005 18200 143 1252006 20856 146 1292007 24721 185 1342008 28898 169 1072009 32244 116 1262010 36539 133 982011 41799 144 862012 46769 119 902013 51483 101 73

(Source China Statistical Yearbook 2014)

and strikes is not successful or to be conservative not successful yet At the sametime data on wages show steady growth (see Table 4) We can draw two differentconclusions from this limited data One is that the key interest of the state wasnot to reduce conflict via the introduction of collective bargaining but to increaseand stabilize wages If this conception of the statersquos interest is correct then itprovides support for the argument that the state is acting in lsquodevelopmentalrsquo waysin encouraging collective bargaining as an instrument to rebalance the economy Analternative explanation is that the state does want to introduce collective bargainingin order to reduce conflict (as has been done in most parts of the world) but thequality of collective bargaining is not very good and hence does not meet that goal

Ccopy 2016 The International Association for Chinese Management Research

Labor Unrest and Collective Bargaining 175

FormalisticIneffective AuthenticEffective

Centralization

Decentralization

- Industry-wide Agreements that are ineffective egWuhan Restaurants

- Well established industry wide agreements eg The Wenling Model

- Template Bargaining

- Strike-triggered Bargaining

- State-intervened Bargaining

- Informal Bargaining

- Informal Coordination

- Democratic Grassroots Union Election

- Employer Coordination and state Intervention

Q3 Q4 Q1 Q2

Figure 3 A taxonomy of varieties of collective bargaining in China

If this is true then the policy prescriptions are clearer Below we look more closelyat the nature of collective bargaining

Emerging Variation Varieties of Collective Bargaining in China

Based on the limited available research we classify collective bargaining agreementsbased on how centralized or decentralized and how authentic or inauthentic theyare Recall our key caveat that there is relatively little published research andhence our taxonomy below (see Figure 3) is not based on a representative sampleas it should be However we want to highlight that this is by no means a staticclassification because we also see dynamism where there is movement from onequadrant to another At best this taxonomy should be seen as an initial estimateor baseline against which future research can examine progress over the comingdecade

Quadrant 1 Decentralized inauthentic collective bargaining Perhaps the most commonform of collective bargaining is what we term lsquotemplate bargainingrsquo and what other

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176 S Kuruvilla and H Zhang

researchers have described as lsquocollective contracts without collective bargainingrsquoor lsquopaper contractsrsquo (Chen 2007 Clarke et al 2004 Luo 2011) Typically thelocal government ndash often the labor administration and official union ndash develops atemplate for a collective contract that employers and the local branch of the unionshould sign (jiti hetong fanben) In some cases the template agreement contains blankspaces for wage increases which enterprises can customize to suit their needsUsually a template agreement leaves little room for the parties to bargain overinterest-based issues (Chen 2007) This is the model of collective bargaining mostcommonly followed by the ACFTU which provides its unions with these templateagreements for various regions that employers are requested to sign and whichre-state minimum legal conditions Often employers prepare the contracts andunions simply sign them without engaging in any negotiation (Clarke et al 2004Luo 2011 Taylor Chang amp Li 2003 Wu 2012)

The ACFTU which is targeted with increasing the coverage of collectivebargaining within the country appears more interested in the quantity ofagreements signed (to meet its targets) with relatively little focus on the quality (Wu2012) Some of these template agreements are not even enforced due to weaknessesin the labor inspection regime (Wu 2012) or because the local enterprise unionsalso exist primarily lsquoon paperrsquo having been set up by the ACFTU in collaborationwith the employer often without the workersrsquo knowledge (Liu 2010) Thus thougha large majority of Chinese collective bargaining agreements hew to this type wesee them as being largely inauthentic and the most decentralized given that theyare signed at the enterprise level These have been well documented in existingstudies (Clarke et al 2004 Luo 2011 Taylor et al 2003 Warner amp Ng 1999) sowe shall not expand on them here

Quadrant 2 Decentralized authentic collective bargaining A small but growing number ofcollective bargaining agreements at the firm level can be termed more authenticalthough there is some variation to the extent that they truly encapsulate genuinebargaining There are three different ways in which this type of collective bargainingis happening One and perhaps the most authentic form of collective bargainingis the negotiations that take place after a strike as Elfstrom amp Kuruvilla (2014)suggest The best known case of strike-triggered bargaining is the Honda NanhaiTransmission plantrsquos strike in 2010 that resulted in substantial wage increases forworkers and later also triggered a strike wave in the local and national auto industryleading to substantial wage negotiation in many of those cases as well (Hui 2011)Since a strike when it occurs is frequently settled by negotiations these days (Chang2013) the steady growth in the number of strikes implies growth in more authenticcollective bargaining There is increasing research that suggest that strikes beforeand during the 2010 strike wave were settled via negotiations between provisionallyelected workersrsquo representatives and employers (Chen 2010 Meng 2012 MengLu Lei Wang amp Chang 2011) Some of these strike-based settlements have beenoften facilitated by the mediation of local governments and official unions and

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Labor Unrest and Collective Bargaining 177

the state in various places has appeared to prefer using this approach rather thansuppressing striking workers (Chang 2013 Gallagher 2014) Chen (2010) refersto these dispute and strike settlement mechanisms as quadripartite bargaininginvolving four actors (the state the ACFTU the employers and the workers)Strikes and post-strike settlements are an important route by which collectivebargaining is becoming institutionalized suggests Meng (2012) in his research onDalian

The second way that authentic bargaining may occur without collective actionby workers is through the direct intervention by the local government Chan andHuirsquos (2014) research on Hondarsquos (Guangzhou) 2011 bargaining round suggeststhat although a union in which workers elected their representatives and collectivebargaining were institutionalized in the firm after the 2010 strike the localgovernment directly intervened in the negotiations during the 2011 bargaininground and encouraged the parties to come to agreement Arguably the localgovernment was interested in avoiding a potential strike We refer to this as authenticbecause it is occurring in a situation where workers choose their own representativesand the local government apparently takes the process seriously However this is amore isolated case

Although much of the prior literature has focused on formal bargaining structuresto make the claim that much of Chinese collective bargaining is inauthentic Zhang(2014) makes a compelling case that we should examine informal processes whichare perhaps just as important as formal structures and constitute the third wayin which bargaining is effective He finds in his study of the auto industry inTianjin that while formal bargaining looks just as formalistic as many other casesmuch of the real negotiation takes place at both enterprise and industry levelsthrough informal processes of coordination and negotiations that have resultedin meaningful outcomes Although there have not been strikes or governmentintervention in the auto-industry bargaining cases in Tianjin that Zhang examineshis research points to the active role of the firm union in ensuring substantialnegotiation Thus there are many different ways in which authentic bargaining iscarried out

Quadrant 3 Centralized and inauthentic collective bargaining A major strategy of theACFTUrsquos Rainbow Plan can be found in its effort to carry out regional and industry-level bargaining seen as necessary to bring employees of small and medium sizedfirms under collective bargaining coverage (Wu 2012) And as noted the ACFTUrsquosefforts are complemented by the state apparatus where key state departmentsoften take the lead in mobilizing employers For instance in the second authorrsquosongoing research he finds that in the case of hospitals in Tianjin the districtunion successfully mobilized the employers by leveraging the district Bureau ofPublic Health (BOPH) ndash a state institution in charge of examining approving andsupervising all local public health affairs ndash to create an industry wide collectivebargaining agreement However it was not clear that workers were aware of the

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178 S Kuruvilla and H Zhang

agreement nor was it clear that the agreement was enforced Similar efforts arealso identified in Tianjinrsquos construction industry as well as in other regions in Wursquos(2012) research

While we need more cases to draw firmer conclusions thus far what is clear isthat many of these industry-wide agreements are either formalistic or have shownthemselves to be ineffective and not institutionalized Similar to that of decentralizedand formalistic bargaining the reasons for ineffectiveness at this level include theunionrsquos focus on formalistic terms the absence of strict enforcement and oftenworker ignorance of the terms of the agreement or that they were represented bya union (a frequent issue when union representatives are not directly elected) (Wu2012) A classic example here is Friedmanrsquos (2014b) study of sectoral bargainingin Ruirsquoan eyeglass cluster in Zhejiang Province where workers interviewed indeedknew nothing about the industry level contract that covered them Probably thebest-known case of failure of enforcement of collective bargaining can be foundin Wuhan where the local government in a top-down process initiated sectoralnegotiations in 2011 in the restaurant industry Although the sectoral contract hasset wage terms for over 450000 workers from 40000 different establishments in2011 (Xie amp Guo 2011) and has been renegotiated successfully over the last threeyears which has been well covered by mass media recent research (Xie ChenChen amp Xiao 2012) shows that only 569 of employees surveyed were receivingthe wages stipulated in the contract

Despite these issues the ACFTU continues to focus on building collectivebargaining institutions at the industry and regional levels In Guangzhou forinstance the official union has organized the construction industry although nocollective bargaining has been successfully achieved (Friedman 2014b) In additionunion organizing by region has also been identified in areas with clusters of smallbusinesses such as community unions village union associations market unionsoffice building unions and union associations by ownership in development zones(Liu 2010) But we are skeptical of the prospects for institutionalization of collectivebargaining at the regional level given the heterogeneity in industries and firms ina region and given that often workers are not aware of the agreement nor do theyelect their representatives

Quadrant 4 Centralized authentic collective bargaining There are a few instances ofcentralized sectoral bargaining that qualify as authentic Unlike the previousexamples where it was either the local government or the ACFTU that was theprimary engine behind the development of collective bargaining in the case ofWenling the employers were the ones who initiated the project Wenling a town inZhejiang Province contains a knitwear cluster with more than 130 firms employingabout 12000 workers in 2002 In this case employers began spontaneous wagecoordination in an effort to deal with the rising turnover as a result of whatwas an acute labor shortage (Xu 2005) They formed an employer association in2000 and institutionalized wage coordination amongst themselves although not all

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Labor Unrest and Collective Bargaining 179

employers came on board By 2003 the local government stepped in establishingan industrial union which ultimately signed an industry-wide agreement with theemployer association (Wen amp Lin 2015) That contract has been renegotiated everyyear since and is stable although it overwhelmingly focuses on the piece-rates andnot other working conditions Moreover it is a clear case of relatively authenticcollective bargaining arrangement in terms of how well the contract is enforcedThe second author interviewed workers in the industry in 2013 and found that thepiece-rates that were used to pay them was higher than or equal to those stipulatedin the contract

The Wenling model is being increasingly diffused to other areas In all 15industries ndash including the pump sector in a town named Zeguo (Liu 2010) ndashhave carried out similar bargaining by 2012 covering roughly 6100 enterprisesand 400000 workers (Zhang amp Shi 2012) There are reports of cases developingin other textile and garment (Luthje Luo amp Zhang 2013 269) as well as othermanufacturing clusters (Lee 2011) The commonalities across these lsquosuccessfulcasesrsquo is that they are negotiating about the piece-rate at the industry level andwage coordination was welcomed by small and medium-sized firms in order toreduce turnover in a labor shortage situation Therefore success seems to be in partdetermined by employer interest and readiness for collective bargaining as well

DISCUSSION

Moving across Quadrants The Future of Collective Bargaining andThe Roles of Unions and Employers

While the above taxonomy presents a static picture of the varieties of collectivebargaining in China it is important to incorporate a dynamic element specificallywhat makes it possible to move from inauthentic to more authentic collectivebargaining and how might decentralized bargaining connect with more centralizedstructures to create more worker solidarity

How might we expect movement from inauthentic to more authentic bargainingat the firm level (ie from Quadrant 1 to Quadrant 2) Certainly as discussedearlier strikes could trigger such a movement But there are other ways as wellOne strategy recently adopted in Guangzhou and Shenzhen is the grassroots unionelection (namely direct election for grassroots trade union cadres [gonghui zhixuan])When workers are able to elect their own representatives rather than having unionleaders decided by the regional official union or the enterprise it builds the localunionsrsquo autonomy and independence and is one necessary step for the growth ofauthentic bargaining This focus on direct election is growing For instance theShenzhen Federation of Trade Unions announced in 2012 that 163 enterpriseswith more than 1000 employees would all adopt direct election (Eastmoney 2012)The second authorrsquos interview with a key informant involved in Shenzhenrsquos unionelection revealed that approximately 1000 out of the 30000 enterprise unions

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180 S Kuruvilla and H Zhang

in Shenzhen had lsquocarried out or reached the level of direct union election (dadao

zhixuan shuiping)rsquo by August 2011 In Guangzhou Peng amp Du (2010) report thatseveral hundred of the over 50000 firm unions had been directly elected by 2010The case of direct union elections in Omron (Shenzhen) has been documented inWen (2013) and Hui amp Chanrsquos (2014) work Yet we need more research to properlyevaluate how these elections are conducted

Although the efficacy of direct union elections has been debated (some argue thatthese elections were manipulated by employers or local officials others questionthe degree to which these will be institutionalized in todayrsquos political climate inChina and some suggest that there is rising opposition to direct elections fromboth employers and the state (Chan 2009 Howell 2008 Wen 2013) the availableevidence (Hui amp Chan 2014 Wen 2013) and more recent first hand evidence fromour research in Guangzhoursquos auto industry suggests that thus far democratic unionelections facilitates collective bargaining with real negotiation between workers andemployers including some conflictual negotiations that result in real rather thanformalistic outcomes and hence are more authentic

Movement from Quadrant 3 to 4 (ie from less authentic to more authenticbargaining at the centralized level) appears possible when employers take the firststep in coordinating through employer associations and when the local governmentdirectly intervenes to create industry wide settlements as suggested by the Wenlingmodel However given the lack of a real connection between unions at this leveland the workers they represent and the heterogeneous workplaces that makedirect election of representatives more difficult we are not convinced that such amovement is imminent In addition there are a number of implementation andenforcement failures such as in the case of the restaurant industry in Wuhan thatsuggest the difficulty of achieving meaningful collective bargaining coverage for anentire regional industry

There is some evidence of increased coordination between decentralized andcentralized levels Zhang (2014) finds evidence of links between industry wagestructures and firm level bargaining in a circumstance when lead and supplierfirms belonging to the same value chain in the local labor market are involvedThis indicates some degree of dynamism distinct from the mostly static pictureimplied by our classification This movement of informal coordination appearssimilar to those practices in the West especially in Europe although perhaps it isat a more incipient stage here As Chinese employers in a cluster or industry beginto build better institutional structures to facilitate coordination that will stimulatea similar movement amongst workers and unions and thereby promote industrywide bargaining as well as firm level bargaining

CONCLUSION

In this paper we examine the growth of strikes and collective bargaining in ChinaUsing McAdamrsquos political process model we argued that Chinese workers are

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Labor Unrest and Collective Bargaining 181

striking more and proactively after 2008 The Chinese state has encouraged thegrowth of collective bargaining although its motivations for doing so could beattributed to different interests such as providing a mechanism to resolve laborconflict or to increase wages in its effort to lsquorebalancersquo the economy a necessarycondition to avoid the middle income trap We argued further that we wouldexpect to see considerable variation in collective bargaining based on the differentialinterests of central and local states who are enjoying more autonomy than theydid in the past And our analysis of the official union (ACFTU) and the crises ofidentity and legitimacy that it faces led us to expect that collective bargaining willbe predominantly inauthentic

The evidence largely supports our expectations Chinese workers are clearlystriking more after 2008 and the numbers of strikes from two different sets of datashow steady increases Collective bargaining has also grown sharply after 2008 butthe key agent charged with the responsibility of increasing bargaining coverage (theACFTU) tends to view it generally as a bureaucratic exercise Hence our findingthat much of the incipient collective bargaining in China hews to the inauthenticside of the continuum We also find considerable variation however in collectivebargaining This variation is attributable to the willingness of the state to allowexperimentation and it would appear that different industrial relations actors ielocal labor bureaucracies local employers and local unions exercise considerablefreedom to develop particular structures

While our taxonomy presents a static picture of collective bargaining in Chinatoday we also highlight how it may change in the future under the presentinstitutional structure We have identified several conditions that are necessary forbargaining arrangements to move towards greater authenticity Specifically eventhough the Chinese state is unlikely to permit workers to affiliate with unions of theirchoice reforms within the ACFTU that move it in the direction of increasing itsrepresentative function is one avenue for change An amendment to the GuangdongProvincial Regulation on Collective Contracts for Enterprises is in our view onepathway to more authentic bargaining The regulation is detailed covering notonly the content and subject matter of collective bargaining but includes extensiveprovisions regarding various aspects of collective negotiations Most crucially theregulation specifies clearly that lsquonegotiation representatives of the employees of thefirm must either be selected by the trade union or democratically elected by thestaff and workersrsquo ndash the first time that democratic elections have been specified inany provincial legislation regarding collective bargaining

However despite the growth and variation that we see and despite the promiseimplicit in the Guangdong regulations overall our paper suggests that collectivebargaining in China is at a very incipient stage At this point in 2015 our initialanalyses would suggest that the institution of collective bargaining in China is moreeffective at increasing wages thereby meeting the statersquos interest in rebalancing theeconomy and less effective in meeting the statersquos alternative interest ie representingworkers adequately so as to reduce industrial conflict

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182 S Kuruvilla and H Zhang

Under what conditions could collective bargaining meet the statersquos alternativeinterest This requires that Chinese unions overcome their problems of identity andlegitimacy A necessary condition is that the state must be willing to provide theunions with more independence What might bring this about The state wouldbe willing to do so if the legitimacy of the CCP is under threat And that couldhappen if industrial conflict and labor exploitation continue to increase despite thenew laws and union activity

However recent decisions suggest that the state has elected to follow an alternativeapproach of improving bargaining effectiveness with more centralization ratherthan providing local union autonomy In 2014 the ACFTU introduced a newfive-year plan (2014ndash2018) to promote collective bargaining Simultaneously inorder to improve collective bargaining effectiveness the ACFTU has adoptednew guidelines to its locals These include the notion that 100 of the workerscovered under CB should be aware of the bargaining and have provided themwith relatively centralized formats that would permit aggregation of data onwages More importantly in May 2015 the central government and CCP releasedlsquoSuggestions for Establishing Harmonious Labor Relationsrsquo ndash the first time thatharmonious labor relations were promoted at the central level in a special documentThese actions suggest that the CCP has acknowledged the shortcomings of thecurrent collective bargaining system (ie poor implementation poor quality ofagreements and the ACFTUs general inability to represent workers) and thethreat of continued industrial conflict to its own legitimacy but is still leery ofproviding local unions and workers with more autonomy that might result in thesuccessful institutionalization of bargaining

How does the development of Chinese unions and collective bargaininginstitutions compare with other Asian nations We might look to both Taiwanand South Korea for parallels Japan however is less comparable because thepost-war development of both unions and collective bargaining developed intandem with democratization (Gould 1984) and was led by employers whointroduced the famous pillars of lifetime employment seniority based wages andenterprise unions in search of labor stability (Hashimoto 1991) In both Koreaand Taiwan however the export oriented industrialization regimes adopted byauthoritarian governments entailed a high degree of control of labor Ratherlike China today Taiwanrsquos policies then required the unions to be affiliated toone central federation (the Chinese Federation of Labor) which was controlled bythe Kuomintang regime (Deyo 1987) Korea adopted a similar approach with thecreation of the Federation of Korean Trade Unions created by the governmentHowever in contrast to Taiwan (where the workforce was mostly composed oflabor working in agriculture and small scale industries) Korearsquos labor movementeven under authoritarian governments developed a stronger working class identityDeyo (1987) and Chu (1998) argue due to the tradition of nationalist mobilizationagainst the Japanese occupation large sized firms involved in heavy industries andhigh industry concentration Both countries democratized in the late 1980s Given

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Labor Unrest and Collective Bargaining 183

their historical weakness the labor movement in Taiwan did not play a major rolein the democratization processes unlike the Korean labor movement which was acentral player in the process in Korea Consequently post democratization Koreanunions aggressively demonstrated their power through waves of strikes (Chu 1998)that resulted in the formal institutionalization of a new industrial relations regimealong pluralist lines Taiwanrsquos labor movement given its historical weakness did notassert themselves as strongly after democratization although a new labor relationsregime developed thereafter Thus although there was broad similarity in termsof state control of labor in Korea Taiwan and China that similarity ended in the1980s upon democratization in Korea and Taiwan The Chinese labor movementstill remains under state control and the future evolution of both labor unions andcollective bargaining is as we have argued earlier in this paper dependent on CCPrsquosstrategies

Having developed a lsquobaselinersquo taxonomy of collective bargaining how mightfuture research advance our knowledge about collective bargaining in China Mostimportantly we need research (detailed case studies) on how collective bargainingis conducted in different parts of China As Friedman and Kuruvilla (2014) haveargued there is much experimentation and decentralization and more empiricalevidence of these processes are clearly necessary in order to evaluate what worksbest in which locations and why We specifically need more case studies ofauthentic bargaining Second we need analyses of collective bargaining contracts(on both a national and regional scale) in order to determine which are the keyissues of contention between management and labor and how they are changingovertime More research on the various experiments regarding union electionsand the impact of these on bargaining processes and outcomes is a key need aswell Thus there are plenty of opportunities for cutting edge research in collectivebargaining in China and we hope that Chinese management scholars would answerthis call for research into a crucial national human resource issue

NOTES

We thank Manfred Elfstrom and Eli Friedman for comments on an earlier version of this article andthe faculty at Renmin University School of Labor and Human Resources for hosting us[1] There have been various administrative provisions for collective negotiations since 1994 but

legal backing was only granted via the Labor Contract Law beginning in January 2008[2] According to the National Bureau of Statistics (NBS) the term lsquoenterprises above designated

sizersquo points to those industrial legal person enterprises whose yearly main business incomes equalto or are more than 5 million yuan (2009)

[3] The political geography in China divides the country into three levels of bureaucracies below thenational level namely the provincial level the citycounty level and the township level (Note thata village government is not an official bureaucracy but a villagersrsquo self-management organization)However as a legacy of the Kuomintang regime most cities include and administrate severalcounties and therefore the de facto bureaucratic system in China ndash according to which bothofficial unions and governments are structured ndash actually has four levels ie the provincial levelthe city level the countydistrict level and the township level

[4] We admit the possibility that the growing trend may be partially because of a betterdocumentation system now than before

Ccopy 2016 The International Association for Chinese Management Research

184 S Kuruvilla and H Zhang

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Chan A 2009 Challenges and possibilities for democratic grassroots union elections in China Acase study of two factory-level elections and their aftermath Labor Studies Journal 34(3)293ndash317

Chan C K C amp Hui E S I 2014 The development of collective bargaining in China Fromlsquocollective bargaining by riotrsquo to lsquoparty state-led wage bargainingrsquo The China Quarterly217(1) 221ndash242

Chan K W 2010 A China paradox Migrant labor shortage amidst rural labor supply abundanceEurasian Geography and Economics 51(4) 513ndash530

Chang K 2013 Laogong guanxi jitihua zhuanxing yu zhengfu laogong zhengce de wanshan (Thecollective transformation of industrial relations and improvement of labor policies) ZhongguoShehui Kexue (Social Sciences in China) 2013(6) 91ndash108

Chen F 2003 Between the state and labour The conflict of Chinese trade unionsrsquo double identityin market reform The China Quarterly 176 1006ndash1028

Chen F 2007 Individual rights and collective rights Laborrsquos predicament in China Communistand Post-Communist Studies 40(1) 59ndash79

Chen F 2010 Trade unions and the quadripartite interactions in strike settlement in China TheChina Quarterly 201 104ndash124

Chu Y W 1998 Labor and democratization in South Korea and Taiwan Journal ofContemporary Asia 28(2) 185ndash202

Clarke S Lee C amp Li Q 2004 Collective consultation and industrial relations in China BritishJournal of Industrial Relations 42(2) 235ndash254

Deyo F C 1987 State and labor Modes of political exclusion in the East Asian development InF C Deyo (Ed) The political economy of the new Asian industrialism Ithaca NYCornell University Press

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Eisenhardt K 1989 Building theories from case study research Academy of ManagementReview 14(4) 532ndash550

Elfstrom M amp Kuruvilla S 2014 The changing nature of labor unrest in China Industrial andLabor Relations Review 67(2) 453ndash480

Frenkel S amp Kuruvilla S 2002 Logics of action globalization and changing employment relationsin China India Malaysia and the Philippines Industrial and Labor Relations Review55(3) 387ndash412

Friedman E D 2014a Insurgency trap Labor politics in postsocialist China Ithaca NYCornell University Press

Friedman E D 2014b Economic development and sectoral unions in China Industrial andLabor Relations Review 67(2) 481ndash503

Friedmand E D amp Kuruvilla S 2015 Experimentation and decentralization in Chinese industrialrelations Human Relations 68(2) 181ndash195

Friedman E amp Lee C K 2010 Remaking the world of Chinese labour A 30-year retrospectiveBritish Journal of Industrial Relations 48(3) 507ndash533

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Labor Unrest and Collective Bargaining 185

Gallagher M E 2005 Contagious capitalism Globalization and the politics of labor inChina Princeton Princeton University Press

Gallagher M E 2010 lsquoWe are not machinesrsquo Teen spirit on Chinarsquos shopfloor China Beat [Cited31 March 2015] Available from URL httpwwwthechinabeatorgp=2538

Gallagher M E amp Dong B 2011 Legislating harmony Labor law reform in contemporaryChina In S Kuruvilla C K Lee amp M E Gallagher (Eds) From iron rice bowl toinformalization Markets workers and the state in a changing China Ch3 IthacaNY Cornell University Press

Gallagher M E 2014 Chinarsquos workers movement and the end of the rapid-growth era Daedalus143(2) 81ndash95

Gould W B 1984 Japanrsquos reshaping of American labor law Cambridge MA MIT PressHashimoto M 1991 The industrial relations system in Japan An interpretation and policy

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[Cited 14 September 2013] Available from URL httpwwwhaishang-lawcomArticlezhuanyeyanjiulaodongjiufen2011046155html

Hui E S I 2011 Understanding labour activism The Honda workersrsquo strike In C Scherrer (Ed)Chinarsquos labor questions Ch3 Munchen Mering Germang Rainer Hampp

Hui E S I amp Chan C K C 2014 Beyond the union-centered approach A critical evaluation ofrecent trade union elections in China British Journal of Industrial Relations

Katz H amp Darbishire O 2002 Converging divergences Worldwide changes inemployment systems Ithaca NY Cornell University Press

Katz H C Kochan T A amp Colvin A J S 2014 Labor relations in a global world Anintroduction focused on emerging countries Ithaca NY Cornell University Press

Lee C H 2011 Between the hierarchy and market Emerging mezzo-corporatistindustrial relations in China Unpublished manuscript

Lee C K 2007 Against the law Labor protests in Chinarsquos Rustbelt and Sunbelt BerkeleyUniversity of California Press

Liu M 2010 Union organizing in China Still a monolithic labor movement Industrial andLabor Relations Review 64(1) 30ndash52

Luo S 2011 Collective contracts but no collective bargaining In C Scherrer (Ed) Chinarsquos laborquestions Ch3 Munchen Mering Germang Rainer Hampp

Luthje B 2012 Diverging trajectories Economic rebalancing and labor policiesin China East-West Center Working Paper No 23 [Cited 31 March 2015] Avail-able from URL httpwwweastwestcenterorgpublicationsdiverging-trajectories-economic-rebalancing-and-labor-policies-china

Luthje B Luo S amp Zhang H 2013 Beyond the Iron Rice Bowl Regimes of productionand industrial relations in China Frankfurt amp New York Campus

McAdam D 1999 Political process and the development of Black Insurgency 1930ndash19702nd ed Chicago and London The University of Chicago Press

McDermott E P 2010 Industrial relations in China Ball of Confusion In K Townsend ampA Wilkinson (Eds) Research handbook on work and employment relations Ch16United Kingdom Edward Elgar Publishing

Meng Q 2012 Tanpan youxi zhong de lsquoshuoherenrsquo Yi DLDA qu wei li (The lsquomediatorrsquo in thebargaining game A case of DLDA) Qinghua Shehuixue Pinglun (Tsinghua SociologicalReview) 6 206ndash222

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Oi J 1995 The role of the local state in Chinarsquos transitional Economy The China Quarterly 1441132ndash1149

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Peng M amp Du Q 2010 Quanzong guli tansuo gonghui zhuxi zhixuan (The ACFTUencourages direct elections of union chairs) [Cited 14 September 2013] Available fromURL httpepaperoeeeecomAhtml2010-0911content_1175401htm

Pan P P 2009 Out of Maorsquos shadow The struggle for the soul of a new China New YorkSimon amp Schuster

Rapoza K 2011 In coastal China a labor shortage Forbes [Cited 31 March2015] Available from URL httpwwwforbescomsiteskenrapoza20111220in-coastal-china-a-labor-shortage

Silver B J amp Zhang L 2009 China as an emerging epicenter of world labor unrest In H-F Hung(Ed) China and the transformation of global capitalism Baltimore Johns HopkinsUniversity Press

Stockmann D amp Gallagher M E 2011 Remote control How the media sustain authoritarian rulein China Comparative Political Studies 44(4) 436ndash467

Taylor B Chang K amp Li Q 2003 Industrial relations in China Cheltenham Edward ElgarTaylor B amp Li Q 2007 Is the ACFTU a union and does it matter Journal of Industrial

Relations 49(5) 701ndash715Taylor B amp Li Q 2010 Chinarsquos creative approach to lsquounionrsquo organizing Labor History 51(3)

411ndash428Tarrow S 1998 Power in movement Social movements and contentious politics New

York Cambridge University PressThe China Post 2012 China eyes 13 minimum wage rise in 5 years [Cited 31 March

2015] Available from URL httpwwwchinapostcomtwbusinessasia-china20120209331042China-eyeshtm

The Economist 2012 A dangerous year Unrest in China [Cited 31 March 2015] Available fromURL httpwwweconomistcomnode21543477

Unger J 2002 The transformation of rural China Armonk NY M E SharpeUnger J amp Chan A 1995 China corporatism and the East Asian model The Australian Journal

of Chinese Affairs 1995 29ndash53Venn D 2009 Legislation collective bargaining and enforcement Updating the OECD

employment protection indicators [Cited 31 March 2015] Available from URLhttpwwwoecdorgemploymentemp43116624pdf

Wang Z 2012 More workers staying near home China Daily [Cited 31 March 2015] Available fromURL httpwwwchinadailycomcnchina2012-0428content15166329htm

Warner M amp Ng S H 1999 Collective contracts in Chinese enterprises A new brand of collectivebargaining under lsquomarket Socialismrsquo British Journal of Industrial Relations 37(2) 295ndash314

Webb S amp Webb B 1897 Industrial democracy London New York amp Bombay LongmansGreen amp Co

Wen X amp Lin K 2015 Reconstituting industrial relations The experience of Wenling Journalof Contemporary China 24(94) 665ndash683

Wen X 2013 Gonghui zhixuan Guangdong shijian de jingyan yu jiaoxun (Union directelection Lessons from Guangdong) Paper presented at the 6th Annual Congress ofChina Labor Relations Association of the China Human Resource Development AssociationGuangzhou November 2013

Weston T B 2004 The iron man weeps Joblessness and political legitimacy in the Chinese rustbelt In P H Gries amp S Rosen (Eds) State and society in 21st century China Crisiscontention and legitimation 67ndash86 New York RoutledgeCurzon

Wu Q 2012 Jiti xieshang yu guojia zhudao xiade laodong guanxi zhili (Collective negotiationand state-oriented labor relations governance) Shehuixue Yanjiu (Sociological Studies)2012(3) 66ndash89

Xie Y amp Guo Y 2011 Zhongguo shi gongzi jiti xieshang moshi tansuo Wuhan shi canyin hangyegongzi jiti xieshang diaocha (A survey of collective consultation on wages in the catering industryin Wuhan) Zhongguo Laodong Guanxi Xueyuan Xuebao (Journal of China Instituteof Industrial Relations) 25(6) 54ndash58

Xie Y Chen J Chen P amp Xiao Q 2012 Zhongguo hangye gongzi jiti xieshang xiaoguode shizheng fenxi Yi Wuhan canyin hangye weili (An empirical analysis of industrialbargaining outcomes in China An example from the Wuhan restaurant and catering industry)Jingji Shehui Tizhi Bijiao (Comparative Economic and Social Systems) 2012(5)55ndash67

Ccopy 2016 The International Association for Chinese Management Research

Labor Unrest and Collective Bargaining 187

Xu X 2005 lsquoZiran zhuangtairsquo de gongzi jiti xieshang Zhongguo nanfang mouzhen yangmaoshanhangye gongzi jiti xieshang (Collective consultation and discussion on the wages under thelsquonatural conditionrsquo) Tianjin Gonghui Guanli Ganbu Xueyuan Xuebao (Journal ofTianjin Trade Union Administratorsrsquo College) 13(3) 29ndash32

Zhang H 2014 Informality in Chinarsquos collective bargaining Unpublished Masters thesisCornell University Ithaca NY

Zhang J amp Shi Y 2012 Guanyu hangye jiti xieshang qingkuang de diaocha baogao (Survey onindustrial collective negotiation) Zhongguo Laodong Guanxi Xueyuan Xuebao (Journalof China Institute of Industrial Relations) 26(4) 51ndash57

Sarosh Kuruvilla (sck4cornelledu) is Professor of Industrial RelationsAsian Studies and Public Affairs at Cornell University and Visiting Professor atthe London School of Economics His research focuses on the linkage betweeneconomic development strategies and labor and human resources policies Hehas published numerous articles and 3 books on various aspects of labor relationsin Asia He is currently researching collective bargaining in ChinaHao Zhang (hz256cornelledu) is a PhD student at Cornell UniversityrsquosSchool of Industrial and Labor Relations His primary research focus is laborand employment relations with special attention to China And he has ongoinginterests in globalization development political economy skill formationproduction and work

Manuscript received September 18 2014Final version accepted September 28 2015 (number of revisions ndash 2)Accepted by Editor-in-Chief Arie Lewin

Ccopy 2016 The International Association for Chinese Management Research

  • INTRODUCTION
  • THEORETICAL PERSPECTIVES
    • Worker Militancy
    • State Promotion of Collective Bargaining
    • Variations in Collective Bargaining
    • The Future of Collective Bargaining
      • METHODOLOGY
      • RESULTS
        • Strikes
        • Collective Bargaining
        • Emerging Variation Varieties of Collective Bargaining in China
          • DISCUSSION
            • Moving across Quadrants The Future of Collective Bargaining and The Roles of Unions and Employers
              • CONCLUSION
              • NOTES
              • REFERENCES

Labor Unrest and Collective Bargaining 165

encouragement of collective bargaining (an essentially democratic concept whichimplies some amount of independent agency on the part of workers) which mightresult in collective activity that might threaten the regime remains puzzling

Yet another explanation for the statersquos encouragement of collective bargainingcan be found in the conception of the lsquodevelopmentalrsquo state As Friedman andKuruvilla (2015) note at the firm level high rates of labor turnover and severe laborshortages have come to be one of the key limits to future growth The inability toretain a stable workforce has pushed employers in the industrial centers in coastalareas to look elsewhere Cai (2007) has suggested that China may be at the lsquoLewisianturning pointrsquo when labor scarcity begins to shift the economy away from laborintensive input-driven growth to enhanced productivity declining inequality andgreater domestic consumption On the other hand Chan (2010) argues that thecountry has not yet reached a Lewisian turning point but is instead experiencinga series of shorter-term mismatches of ages skills and demand However at thenational level the state has espoused the goal of lsquoeconomic rebalancingrsquo makinghousehold consumption rather than state-driven investment the key engine foreconomic growth an important consideration to avoid the lsquomiddle income traprsquothat the World Bank has predicted that China will reach in 2030 In 2010 Chinarsquoshousehold consumption as a share of GDP was only 38 while similar figures forBrazil Germany India and the USA are higher than 60

The state has already acted At the 2013 plenum the CCP outlined a planto increase the role of markets in resource allocation by 2018 along with arange of policies that loosen various institutional interdependencies granting moreautonomy to local governments but at the same time making the judiciary lessdependent on local governments Economic rebalancing calls for industrial policiesthat stimulate domestic demands and strengthen citizensrsquo purchasing power andmarket-oriented institutions to have wages increased in tandem with industrial andeconomic growth Wage growth is particularly important and here we find analternative explanation for the statersquos encouragement of collective bargaining TheCCPrsquos 17th National Congress (2007) laid out the general target of establishingmechanisms for regular wage increases in enterprises First in 2008 and then againin 2014 collective bargaining was written into the central governmentrsquos work reportto the Peoplersquos Congress where the government announced the establishmentof mechanisms for regular wage increases in enterprises to deepen the reformof the income distribution system Encouraging the ACFTU to establish collectivebargaining in every establishment can be seen as one way to satisfy the statersquos interestto increase wages and move the economy into higher value added productivity basedgrowth

A different basis for the statersquos promotion of collective bargaining lies in its role asa regulator enacting policies consistent with the vision of a lsquoharmoniousrsquo society anoverarching concept adopted by the CCP during the Hu Jin Tao regime The statehas a keen interest under this conception in limiting the growth in inequality Inthe 30 years since economic reform began China has gone from being the worldrsquos

Ccopy 2016 The International Association for Chinese Management Research

166 S Kuruvilla and H Zhang

most equal large economy with a gini coefficient of approximately 026 in 1979 toamongst the most unequal large economies (with a gini coefficient of 047 in 2012)The widening income inequality is seen as a potential threat to political stability (agini coefficient of 040 is seen as the lsquosecurity linersquo) Again a variety of actions in thelabor arena can be seen as inequality reduction mechanisms notably the plethoraof laws that promote equal pay and move workers from the informal sphere tothe formal sphere Collective bargaining and especially industry wide collectivebargaining is one way to standardize wages and benefits within industries

Variations in Collective Bargaining

Although the central state promotes collective bargaining using uniformmechanisms at the national level there is significant variation in the developmentof collective bargaining mechanisms rules and in institutionalization across ChinaWhat might explain this variation In most countries variations in collectivebargaining processes can be linked to differences in bargaining structure (whichin turn depends on the structure of unions and employers) as well as differentregulations across states or regions (see Katz amp Darbishire 2002) The state inChina through its Labor Contract Law has promoted some variation in that itsupports both collective bargaining at the firm level as well as collective bargainingat the industry level (articles 53 and 54) Friedman and Kuruvilla (2015) argue thatChina is taking an experimental gradualist and decentralized approach to theintroduction of collective bargaining and to labor relations reform They suggestthat there are a number of ways in which the central state promotes or allows localexperimentation One the one hand the ACFTU has consciously undermined thepower of the nationally organized industrial unions in favor of regionally basedfederations to prevent them from developing potentially an independent base ofpolitical power Hence much of the experimentation we see is at the enterprise levelBut we must remember that provincial and local governments also have interestsAnd local governments play a major role in promoting collective negotiationsFor instance Friedman and Kuruvilla (2015) note that the Binhai new district inTianjin provides firms with a subsidy equal to 15 of the total increase in wage billthat comes about through collective bargaining Clearly the local government hasinterests in raising wages and wants to incentivize firms to use collective bargainingregularly Other local governments encourage collective bargaining because it mayprevent strikes and the general instability that ensues as a result of public protestsSeveral provinces have enacted detailed regulations that go above and beyond thenational regulations with regard to collective bargaining Recently Guangdongprovince enacted bargaining regulations taking effect in January 2015 which notonly provide for employer obligation to bargain but even more far reaching allowthe direct election of worker representatives by workers The point here is that wewould expect to see considerable variation in collective bargaining based on theinterests of different provincial and municipal governments But these variations are

Ccopy 2016 The International Association for Chinese Management Research

Labor Unrest and Collective Bargaining 167

tolerated and in fact encouraged by the central state and as argued by Friedmanand Kuruvilla (2015) consistent with the statersquos approaches in other arenas Forinstance the state has allowed a variety of experimentations with market reform todevelop in the provinces which has resulted in experiments with decollectivizationof land (Unger 2002) If regions proved successful their models could be promotedthroughout the country We argue that the state is taking a similar approachwith regard to collective bargaining In part given the differences in employmentstructure ownership industry workforce composition across regions provincesand cities a differentiated approach is necessary However the statersquos toleranceof diversity coexists with a key requirement that independent forms of workerorganization are banned

In sum we suggest that the central and local states promote collective bargainingfor a variety of different interests and that we should expect to see a variation incollective bargaining arrangements across different provinces and regions HenceHowellrsquos conception of the Chinese state as a polymorphous one is best suited to theanalysis of its motivations for promoting collective bargaining In order to predictthe future direction of collective bargaining we then turn to an analysis of Chineseunions and employers

The Future of Collective Bargaining

As noted earlier the future of collective bargaining depends heavily on the degreeto which it is institutionalized which in turn depends on the ability and willingnessof employers and trade unions to adopt the process At the moment we arguethat it is at an incipient stage The state has established the basic framework via itsTripartite Conference on the Coordination of Labor Relations (xietiao laodong guanxi

sanfang huiyi) involving the labor ministry the ACFTU and the China EnterpriseConfederation-China Enterprise Directorsrsquo Association (CEC-CEDA) ndash a semi-official employer association in China in 2001 (Brown 2006) The tripartite systemwas strengthened in February 2005 when the lsquoCircular on Further Advancingthe Collective Wage Negotiationrsquo was published by the three parties requiring allbranches of the three parties at different levels to collaboratively work together toincrease collective bargaining The statersquos lsquolegislative onslaughtrsquo in 20078 for thefirst time created a legal basis for collective bargaining And finally the state hasinstructed the ACFTU to organize workplaces and establish collective bargainingin all workplaces articulated now through the lsquorainbowrsquo plan

Since the primary engine for collective bargaining growth apparently rests onthe ACFTU it is useful to theoretically examine its evolution The key questionhere is whether the ACFTU can effectively represent Chinese workers in collectivenegotiations There are two primary lines of debate and argument with regardto the role of the ACFTU The first concerns the ACFTUrsquos identity whether it isfunctioning in largely path dependent ways and has not yet made the transition toa new role in a market based society The second is that the ACFTU suffers from

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168 S Kuruvilla and H Zhang

a crisis of legitimacy in that most workers do not trust the union or see it as effectiveWe discuss each in turn below

With regard to whether the role of the ACFTU has transformed Chen hasargued that the ACFTU remains stuck to its lsquodouble institutionalrsquo identity as bothan apparatus of the state (acting on behalf of the nationrsquos collective good) and asa labor organization to protect workersrsquo interests (Chen 2003) In the old systemChen argues that the ACFTU did not quite experience tensions between its tworoles largely because its representation function was lsquoactually absorbed by thestatersquo given that its paternalistic labor regime under the lsquoiron rice bowlrsquo system ofemployment guaranteed workers economic interests such as work pay health careand social security But under a market based system it is increasingly experiencingthese tensions especially as industrial disputes and worker militancy increase

Yet the extent to which the ACFTU has evolved in a more representativedirection remains contested Chan (Chan 1993 Unger amp Chan 1995) argues thatthe ACFTU played an effective corporatist role in the socialist period but is likelyto continue this in the market era because the statersquos needs to effectively bridge thegap between the grassroots and the state in the market economy has created spacefor the ACFTU among other such organizations to incorporate worker voice intothe bureaucratic system of the state Chan (1993) predicted that the ACFTU wouldtransform from its state corporatist role to that of a more societal corporatist rolethat features lsquoa coalescing of horizontal interests from the bottom upwardrsquo

However Friedman (2014a) does not see a promising corporatist future for theACFTU for three reasons First corporatism requires that workersrsquo voices aresuccessfully incorporated into the system while the ACFTU does not incorporateworkers voices Second corporatism requires that workers give up political demandsin exchange for economic benefits and therefore implies a relatively de-commodifiedmodel of social governance whereas in China workers clearly do not enjoysufficiently such benefits Third however co-opted a union under corporatismis it is a somewhat independent intermediary organization between the grassrootsand the state while the ACFTU is clearly part of the state apparatus with no suchindependence

That being said clearly there is some transition to a more representative roleof the ACFTU Chen (2003) documents the increasing ways in which unions aretaking up their representative function with regard to individual if not collectivedisputes The ACFTU has carried out reforms and lsquoexperimentsrsquo at both centraland local levels In the arena of organizing unions at all levels have developedvarious models (ie the traditional ACFTU pattern the union association patterand the regional industry-based pattern) to strategically organize workers (Liu2010) Nevertheless the unionsrsquo ability to effectively represent workers is limitedon the one hand by their subjective position with regard to the employer and onthe other because union leadership cadres see union organizing as a bureaucraticexercise to meet the targets suggested by the state rather than a strategic one (Liu2010 Taylor amp Li 2010)

Ccopy 2016 The International Association for Chinese Management Research

Labor Unrest and Collective Bargaining 169

Chen (2003) suggests that there is a natural limit to the ACFTUrsquos ability tobe an independent representative agent ie the state will not loosen its controlover the unions because of lsquosolidarity phobiarsquo (eg the Polish experience) wherebymore independent unionism is seen as subversive and threatening to the regimeas well as being threatening to the role of the state as a lsquodevelopmentalrsquo stateTherefore we expect that the state will continue protecting the ACFTU monopolyon worker representation ndash a condition that Friedman (2014a) called lsquoappropriatedrepresentationrsquo whereby the ACFTU may be able to promote collective bargainingusing its unique political position at the national level whereas workplace unionswill remain weak and illegitimate

The crisis of legitimacy of the ACFTU has been well documented by severalauthors (Howell 2008 Taylor amp Li 2007) The key argument here is that Chineseworkers do not trust the ACFTU to adequately represent them and in fact inmany workplaces where the ACFTU is present the workers do not even know thatthey have representation The ACFTU is seen as largely apathetic willing to allowmanagement to exercise control (this explains the phenomena of lsquodual postingrsquowhere the companyrsquos human resource manager is allowed by the ACFTU officialsto act as lsquounion leaderrsquo) Friedman (2014a) suggests that official unions have beenunable to win recognition from workers and therefore wildcat strikes and otherforms of representation continue to be the most effective means of addressingworker grievances There have been recent experiments regarding direct unionelections which would arguably lead to more representative unions and hencemore legitimate ones but there is a lack of sufficient worker involvement in theseexperiments (Chan 2009 Howell 2008) with a notable exception of electionsinitiated by workers via spontaneous strikes (Hui amp Chan 2014)

Given that unions have an identity crisis as well as a crisis of legitimacy the keyhypotheses that we can advance is that unions will be unable to effectively representworkers in collective bargaining and are more likely to see collective bargaining asa bureaucratic exercise just as they view union organizing Collective agreementsthen are more likely to be formalistic exercises that primarily re-state the basicconditions under the laws and less likely to advance workersrsquo interests

Like the ACFTU the two national employer associations ndash the CEC-CEDAand the All China Federation of Industry and Commerce (ACFIC) ndash participatein the tripartite framework to promote collective bargaining but both are alsosubordinated to the CCP Our current ongoing research suggests that theseemployer associations are half-hearted partners in promoting collective bargainingLocal employer associations although theoretically have to be affiliated with thetwo big national associations often enjoy more autonomy from the state as well astheir upper levels in decision making than their equivalents on the union side do(Friedman 2014b) This allows them to ignore collective bargaining or when it suitstheir interests to encourage and promote it Given tight labor market conditionsit often suits local employers to engage in some form of regional or industry-wide coordination on wages and working conditions In such cases local employer

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170 S Kuruvilla and H Zhang

associations serve as mechanisms of employersrsquo collective voice while lead firmsare indeed key players But apart from these industry-wide bargaining scenariosemployers tend to shy away from collective bargaining at the firm level except afterstrikes

Given the unionrsquos identity and legitimacy crises and the employersrsquo relative lackof interest in promoting collective bargaining at the firm level we have no basis toexpect that the institution of collective bargaining will fulfill the statersquos objectives inintroducing it as a means of containing labor conflict In what follows we discussour methodology and in our results section we attempt to categorize the variationthat we see in collective bargaining (based on very limited research) in China

METHODOLOGY

In the absence of official data we rely on alternative estimates of strikes of whichtwo sources are available The first is a website run by the China Labour Bulletina Hong Kong based NGO that collects information on worker protests and strikeslargely from news reports in Chinese newspapers but also from dissident blog sitesand through the organizationrsquos radio call in show The second is a website calledChina Strikes (Elfstrom amp Kuruvilla 2014) which also uses newspaper reportsbut also individual lsquotip-offsrsquo through their website While China Strikes has focusedon the period of 2008ndash2012 the China Labour Bulletin reports strikes from 2011onwards For the overlapping years ie 2011ndash2012 both websites have identifiedsimilar numbers of strikes However both sources of data have shortcomings Firstit is possible that both websites under-report the actual number of incidences ofworker protests and strikes since there are many incidences that do not find theirway into newspapers for a variety of reasons Second it is possible that only biggerstrikes that disrupt life outside the factory gates (such as taxi strikes) get reportedin the press And finally the criticism that these two websites may be measuringnews stories rather than real strikes is also not entirely without substance Howeverin the absence of official statistics these are the only sources of data even if theyunderstate by a significant margin the real numbers

With regard to collective bargaining our goal is to use the limited research alreadypublished and our own observations (we are currently engaged in a research projecton collective bargaining that is not yet complete) to create a taxonomy of collectivebargaining in China Given that collective bargaining is a relatively new institutionbut one that is expected to grow in the coming years establishing a taxonomy todaywill be useful as a baseline against which future studies can make comparisonsOur taxonomy uses two concepts to classify current collective bargaining Theseare the degree of centralization (or decentralization) and the degree of authenticityof collective bargaining

Whether bargaining is centralized or decentralized depends on the bargainingstructure ie the level at which bargaining takes place and the employees andemployers it covers (Katz Kochan amp Colvin 2014) In Western European

Ccopy 2016 The International Association for Chinese Management Research

Labor Unrest and Collective Bargaining 171

countries a centralized (or multi-employer) bargaining structure is instituted atlevels beyond individual firms usually at the industry or national level wherenegotiations are carried out by national or industrial level organizations of unionsand employers National level agreements are common in Austria and Swedenwhereas industry level agreements are common in Germany Netherlands andBelgium Decentralized bargaining (where agreements are negotiated by companylevel unions and their employers are more common in the US and JapanIn China the labor contract law permits both centralized and decentralizedbargaining although the centralized bargaining it envisages is actually at a moredecentralized level than in other countries Specifically the law limits regionalor industry level collective contracts in construction mining restaurant andother industries to areas below the county level[3] The statersquos rationale for thislimitation is twofold ie the need to resolve issues of employment instability laborshortages strikes high turnover low social security coverage at the county levelwhile at the same time providing an institutional structure to extend collectivebargaining coverage to workers in these difficult to organize industries ndash mostlysmall short-lived and non-unionized businesses In practice local unions oftenare reluctant to establish collective bargaining at above-county levels and regionalauthorities do not encourage this either while the state actively discourages industrywide bargaining structures above the country level Thus we will expect to seemore collective bargaining agreements at the firm level rather than industrylevel

Collective bargaining can also vary based on the degree to which bargaining isauthentic As we have noted earlier there is a clear tendency towards what are calledlsquotemplate agreementsrsquo where management and union sign a formalistic agreementthat simply re-states the minimum conditions of the law and where workers are noteven aware of these agreements These would be inauthentic agreements We definea collective bargaining agreement as authentic if it meets the following conditionswhether unions and employers actually engage in a process of negotiations whetherworkers have input into crafting the demands that the union negotiates on theirbehalf whether those negotiations result in concrete outcomes and whether theprocess is repeated more than once (a sign of institutionalization) As we will showthe majority of collective bargaining agreements tend to be inauthentic Authenticagreements are relatively few and typically they occur after a strike since the strikeby workers needs to be settled and it can only be settled by negotiations

Based on our theoretical discussion with regard to strikes we would expect tosee steadily increasing numbers of strikes offensive in nature all across the countryalong with steadily increasing conflict rates Based on our analysis of the centraland local statesrsquo multiple interests we would expect to see steady growth in thenumber of collective bargaining agreements since 2008 and significant variationFinally based on our analysis of the ACFTU and employersrsquo associations we wouldexpect to see many inauthentic agreements and a preponderance of firm levelbargaining

Ccopy 2016 The International Association for Chinese Management Research

172 S Kuruvilla and H Zhang

Table 1 Strikes in China 2008ndashAugust 2014

Year

Number of

strikes

Average number of

strikes per month

2008 47 42009 32 32010 88 72011 233 192012 393 332013 656 552014 (till August) 644 81

(Source The 2008ndash2012 data about China are fromChina Strikes website available from URL httpschinastrikescrowdmapcom The 2013 data aboutChina are from China Labor Bulletin available fromURL httpwwwnumblecomPHPmysqlclbmapehtml)

6 916

0

20

40

60

80

100

120

140

Jan-

08

Jun-

08

Nov

-08

26

Apr-

09

Sep-

09

Feb-

10

Jul-1

0

17

31 3541

Dec-

10

May

-11

Oct

-11

Mar

-12

49

7265

78

64

119

Aug-

12

Jan-

13

Jun-

13

Nov

-13

105

-

Chin

Chin

a Strikes

a Labor Bullen

Figure 2 Monthly strikes in China 2008ndash2014 (Source China Labor Bulletin available fromURL httpwwwnumblecomPHPmysqlclbmapehtml and China Strikes available from URLhttpschinastrikescrowdmapcom)

RESULTS

Strikes

China Strikes reports a total of 793 strikes during the 2008ndash2012 period whilethe China Labour Bulletin indicates a total of 1867 strikes between Jan 2011 andAugust 2014 Table 1 shows counts of strikes after integrating estimates from bothwebsites What is notable is that the average frequency of strikes per month hasbeen increasing steadily Figure 2 graphs this trend[4] Chinese workers appear tobe striking more and longer indicative of their bargaining power

If one assumes as we argued that the Chinese data represents a massiveundercount of reality then clearly China is the lsquostrike capitalrsquo of the world withmore strikes per year than most other countries An alternative way of examiningwhether there is conflict in the system is to look at the number of labor disputes in

Ccopy 2016 The International Association for Chinese Management Research

Labor Unrest and Collective Bargaining 173

Table 2 Labor disputes in China (2000ndash2012 every alternative year)

2000 2002 2004 2006 2008 2010 2012

Annual Average

Growth Rate

Number of casesaccepted

135206 184116 260471 317162 693465 600865 641202 1385

Number ofworkersinvolved

422617 608396 764981 679312 1214328 815121 882487 633

Number ofcollective labordisputes

8247 11024 19241 13977 21880 9314 7252 minus 107

Number ofworkersinvolved incollective labordisputes

259445 374956 477992 348714 502713 211755 231894 minus 093

Number of casessettled

130688 178744 258678 310780 622719 634041 643292 1420

Number of casessettled bymediation

41877 50925 83400 104435 221284 250131 302552 1791

Number of casessettled byarbitrationlawsuit

54142 77340 110708 141465 274543 266506 268530 1428

Cases mediatedbefore accepted

77342 70840 130321 237283 163997 212937 1066

(Source China Labor Statistical Yearbook 2013)

China As the data in Table 2 suggests the number of labor disputes in China hasalso increased over the last few years

In sum and despite problems with the available data our research suggeststhat Chinese workers are increasingly militant and that the number of strikes inChina seems to be steadily increasing as are other indicators of industrial conflictconsistent with our expectations

Collective Bargaining

The published data show considerable growth in collective bargaining in Chinafrom 2006 onward As is apparent from Table 3 the annual growth rates in thenumber of collective contracts are high nearly 20 per year The number ofenterprises being covered by the contracts has been growing by almost 100 peryear indicating a great expansion of multi-employer ndash industrial and regionalndash contracts as well Clearly therefore the statersquos encouragement of collectivebargaining has been successful in quantitative terms Yet the growth in collectivebargaining does not show an appreciable decline in industrial conflict measuredby strikes or data on industrial disputes At a preliminary level this suggests thatthe statersquos encouragement of collective bargaining as a method of reducing conflict

Ccopy 2016 The International Association for Chinese Management Research

174 S Kuruvilla and H Zhang

Table 3 Growth of collective bargaining in China 2005ndash2010

2005 2006 2007 2008 2009 2010

Average Annual

Growth Rate

Number ofcollectivebargainingcontracts onwages

251794 304978 343329 410606 512151 608483 1930

Number ofenterprisescovered

41306 525964 622063 774501 901665 1115874 9334

Staff andworkerscovered bycollectivebargaining

35312320 37145872 39685737 51101198 61776321 75657331 1646

(Source China Trade Union Yearbooks 2006ndash2011)

Table 4 Wage growth in China (2000ndash2013)

Year

Average Yearly

Nominal

Wages (yuan) Growth of Nominal Wages Growth of Real Wages

2000 9333 122 1132001 10834 161 1532002 12373 142 1542003 13969 129 1192004 15920 140 1032005 18200 143 1252006 20856 146 1292007 24721 185 1342008 28898 169 1072009 32244 116 1262010 36539 133 982011 41799 144 862012 46769 119 902013 51483 101 73

(Source China Statistical Yearbook 2014)

and strikes is not successful or to be conservative not successful yet At the sametime data on wages show steady growth (see Table 4) We can draw two differentconclusions from this limited data One is that the key interest of the state wasnot to reduce conflict via the introduction of collective bargaining but to increaseand stabilize wages If this conception of the statersquos interest is correct then itprovides support for the argument that the state is acting in lsquodevelopmentalrsquo waysin encouraging collective bargaining as an instrument to rebalance the economy Analternative explanation is that the state does want to introduce collective bargainingin order to reduce conflict (as has been done in most parts of the world) but thequality of collective bargaining is not very good and hence does not meet that goal

Ccopy 2016 The International Association for Chinese Management Research

Labor Unrest and Collective Bargaining 175

FormalisticIneffective AuthenticEffective

Centralization

Decentralization

- Industry-wide Agreements that are ineffective egWuhan Restaurants

- Well established industry wide agreements eg The Wenling Model

- Template Bargaining

- Strike-triggered Bargaining

- State-intervened Bargaining

- Informal Bargaining

- Informal Coordination

- Democratic Grassroots Union Election

- Employer Coordination and state Intervention

Q3 Q4 Q1 Q2

Figure 3 A taxonomy of varieties of collective bargaining in China

If this is true then the policy prescriptions are clearer Below we look more closelyat the nature of collective bargaining

Emerging Variation Varieties of Collective Bargaining in China

Based on the limited available research we classify collective bargaining agreementsbased on how centralized or decentralized and how authentic or inauthentic theyare Recall our key caveat that there is relatively little published research andhence our taxonomy below (see Figure 3) is not based on a representative sampleas it should be However we want to highlight that this is by no means a staticclassification because we also see dynamism where there is movement from onequadrant to another At best this taxonomy should be seen as an initial estimateor baseline against which future research can examine progress over the comingdecade

Quadrant 1 Decentralized inauthentic collective bargaining Perhaps the most commonform of collective bargaining is what we term lsquotemplate bargainingrsquo and what other

Ccopy 2016 The International Association for Chinese Management Research

176 S Kuruvilla and H Zhang

researchers have described as lsquocollective contracts without collective bargainingrsquoor lsquopaper contractsrsquo (Chen 2007 Clarke et al 2004 Luo 2011) Typically thelocal government ndash often the labor administration and official union ndash develops atemplate for a collective contract that employers and the local branch of the unionshould sign (jiti hetong fanben) In some cases the template agreement contains blankspaces for wage increases which enterprises can customize to suit their needsUsually a template agreement leaves little room for the parties to bargain overinterest-based issues (Chen 2007) This is the model of collective bargaining mostcommonly followed by the ACFTU which provides its unions with these templateagreements for various regions that employers are requested to sign and whichre-state minimum legal conditions Often employers prepare the contracts andunions simply sign them without engaging in any negotiation (Clarke et al 2004Luo 2011 Taylor Chang amp Li 2003 Wu 2012)

The ACFTU which is targeted with increasing the coverage of collectivebargaining within the country appears more interested in the quantity ofagreements signed (to meet its targets) with relatively little focus on the quality (Wu2012) Some of these template agreements are not even enforced due to weaknessesin the labor inspection regime (Wu 2012) or because the local enterprise unionsalso exist primarily lsquoon paperrsquo having been set up by the ACFTU in collaborationwith the employer often without the workersrsquo knowledge (Liu 2010) Thus thougha large majority of Chinese collective bargaining agreements hew to this type wesee them as being largely inauthentic and the most decentralized given that theyare signed at the enterprise level These have been well documented in existingstudies (Clarke et al 2004 Luo 2011 Taylor et al 2003 Warner amp Ng 1999) sowe shall not expand on them here

Quadrant 2 Decentralized authentic collective bargaining A small but growing number ofcollective bargaining agreements at the firm level can be termed more authenticalthough there is some variation to the extent that they truly encapsulate genuinebargaining There are three different ways in which this type of collective bargainingis happening One and perhaps the most authentic form of collective bargainingis the negotiations that take place after a strike as Elfstrom amp Kuruvilla (2014)suggest The best known case of strike-triggered bargaining is the Honda NanhaiTransmission plantrsquos strike in 2010 that resulted in substantial wage increases forworkers and later also triggered a strike wave in the local and national auto industryleading to substantial wage negotiation in many of those cases as well (Hui 2011)Since a strike when it occurs is frequently settled by negotiations these days (Chang2013) the steady growth in the number of strikes implies growth in more authenticcollective bargaining There is increasing research that suggest that strikes beforeand during the 2010 strike wave were settled via negotiations between provisionallyelected workersrsquo representatives and employers (Chen 2010 Meng 2012 MengLu Lei Wang amp Chang 2011) Some of these strike-based settlements have beenoften facilitated by the mediation of local governments and official unions and

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Labor Unrest and Collective Bargaining 177

the state in various places has appeared to prefer using this approach rather thansuppressing striking workers (Chang 2013 Gallagher 2014) Chen (2010) refersto these dispute and strike settlement mechanisms as quadripartite bargaininginvolving four actors (the state the ACFTU the employers and the workers)Strikes and post-strike settlements are an important route by which collectivebargaining is becoming institutionalized suggests Meng (2012) in his research onDalian

The second way that authentic bargaining may occur without collective actionby workers is through the direct intervention by the local government Chan andHuirsquos (2014) research on Hondarsquos (Guangzhou) 2011 bargaining round suggeststhat although a union in which workers elected their representatives and collectivebargaining were institutionalized in the firm after the 2010 strike the localgovernment directly intervened in the negotiations during the 2011 bargaininground and encouraged the parties to come to agreement Arguably the localgovernment was interested in avoiding a potential strike We refer to this as authenticbecause it is occurring in a situation where workers choose their own representativesand the local government apparently takes the process seriously However this is amore isolated case

Although much of the prior literature has focused on formal bargaining structuresto make the claim that much of Chinese collective bargaining is inauthentic Zhang(2014) makes a compelling case that we should examine informal processes whichare perhaps just as important as formal structures and constitute the third wayin which bargaining is effective He finds in his study of the auto industry inTianjin that while formal bargaining looks just as formalistic as many other casesmuch of the real negotiation takes place at both enterprise and industry levelsthrough informal processes of coordination and negotiations that have resultedin meaningful outcomes Although there have not been strikes or governmentintervention in the auto-industry bargaining cases in Tianjin that Zhang examineshis research points to the active role of the firm union in ensuring substantialnegotiation Thus there are many different ways in which authentic bargaining iscarried out

Quadrant 3 Centralized and inauthentic collective bargaining A major strategy of theACFTUrsquos Rainbow Plan can be found in its effort to carry out regional and industry-level bargaining seen as necessary to bring employees of small and medium sizedfirms under collective bargaining coverage (Wu 2012) And as noted the ACFTUrsquosefforts are complemented by the state apparatus where key state departmentsoften take the lead in mobilizing employers For instance in the second authorrsquosongoing research he finds that in the case of hospitals in Tianjin the districtunion successfully mobilized the employers by leveraging the district Bureau ofPublic Health (BOPH) ndash a state institution in charge of examining approving andsupervising all local public health affairs ndash to create an industry wide collectivebargaining agreement However it was not clear that workers were aware of the

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178 S Kuruvilla and H Zhang

agreement nor was it clear that the agreement was enforced Similar efforts arealso identified in Tianjinrsquos construction industry as well as in other regions in Wursquos(2012) research

While we need more cases to draw firmer conclusions thus far what is clear isthat many of these industry-wide agreements are either formalistic or have shownthemselves to be ineffective and not institutionalized Similar to that of decentralizedand formalistic bargaining the reasons for ineffectiveness at this level include theunionrsquos focus on formalistic terms the absence of strict enforcement and oftenworker ignorance of the terms of the agreement or that they were represented bya union (a frequent issue when union representatives are not directly elected) (Wu2012) A classic example here is Friedmanrsquos (2014b) study of sectoral bargainingin Ruirsquoan eyeglass cluster in Zhejiang Province where workers interviewed indeedknew nothing about the industry level contract that covered them Probably thebest-known case of failure of enforcement of collective bargaining can be foundin Wuhan where the local government in a top-down process initiated sectoralnegotiations in 2011 in the restaurant industry Although the sectoral contract hasset wage terms for over 450000 workers from 40000 different establishments in2011 (Xie amp Guo 2011) and has been renegotiated successfully over the last threeyears which has been well covered by mass media recent research (Xie ChenChen amp Xiao 2012) shows that only 569 of employees surveyed were receivingthe wages stipulated in the contract

Despite these issues the ACFTU continues to focus on building collectivebargaining institutions at the industry and regional levels In Guangzhou forinstance the official union has organized the construction industry although nocollective bargaining has been successfully achieved (Friedman 2014b) In additionunion organizing by region has also been identified in areas with clusters of smallbusinesses such as community unions village union associations market unionsoffice building unions and union associations by ownership in development zones(Liu 2010) But we are skeptical of the prospects for institutionalization of collectivebargaining at the regional level given the heterogeneity in industries and firms ina region and given that often workers are not aware of the agreement nor do theyelect their representatives

Quadrant 4 Centralized authentic collective bargaining There are a few instances ofcentralized sectoral bargaining that qualify as authentic Unlike the previousexamples where it was either the local government or the ACFTU that was theprimary engine behind the development of collective bargaining in the case ofWenling the employers were the ones who initiated the project Wenling a town inZhejiang Province contains a knitwear cluster with more than 130 firms employingabout 12000 workers in 2002 In this case employers began spontaneous wagecoordination in an effort to deal with the rising turnover as a result of whatwas an acute labor shortage (Xu 2005) They formed an employer association in2000 and institutionalized wage coordination amongst themselves although not all

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Labor Unrest and Collective Bargaining 179

employers came on board By 2003 the local government stepped in establishingan industrial union which ultimately signed an industry-wide agreement with theemployer association (Wen amp Lin 2015) That contract has been renegotiated everyyear since and is stable although it overwhelmingly focuses on the piece-rates andnot other working conditions Moreover it is a clear case of relatively authenticcollective bargaining arrangement in terms of how well the contract is enforcedThe second author interviewed workers in the industry in 2013 and found that thepiece-rates that were used to pay them was higher than or equal to those stipulatedin the contract

The Wenling model is being increasingly diffused to other areas In all 15industries ndash including the pump sector in a town named Zeguo (Liu 2010) ndashhave carried out similar bargaining by 2012 covering roughly 6100 enterprisesand 400000 workers (Zhang amp Shi 2012) There are reports of cases developingin other textile and garment (Luthje Luo amp Zhang 2013 269) as well as othermanufacturing clusters (Lee 2011) The commonalities across these lsquosuccessfulcasesrsquo is that they are negotiating about the piece-rate at the industry level andwage coordination was welcomed by small and medium-sized firms in order toreduce turnover in a labor shortage situation Therefore success seems to be in partdetermined by employer interest and readiness for collective bargaining as well

DISCUSSION

Moving across Quadrants The Future of Collective Bargaining andThe Roles of Unions and Employers

While the above taxonomy presents a static picture of the varieties of collectivebargaining in China it is important to incorporate a dynamic element specificallywhat makes it possible to move from inauthentic to more authentic collectivebargaining and how might decentralized bargaining connect with more centralizedstructures to create more worker solidarity

How might we expect movement from inauthentic to more authentic bargainingat the firm level (ie from Quadrant 1 to Quadrant 2) Certainly as discussedearlier strikes could trigger such a movement But there are other ways as wellOne strategy recently adopted in Guangzhou and Shenzhen is the grassroots unionelection (namely direct election for grassroots trade union cadres [gonghui zhixuan])When workers are able to elect their own representatives rather than having unionleaders decided by the regional official union or the enterprise it builds the localunionsrsquo autonomy and independence and is one necessary step for the growth ofauthentic bargaining This focus on direct election is growing For instance theShenzhen Federation of Trade Unions announced in 2012 that 163 enterpriseswith more than 1000 employees would all adopt direct election (Eastmoney 2012)The second authorrsquos interview with a key informant involved in Shenzhenrsquos unionelection revealed that approximately 1000 out of the 30000 enterprise unions

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180 S Kuruvilla and H Zhang

in Shenzhen had lsquocarried out or reached the level of direct union election (dadao

zhixuan shuiping)rsquo by August 2011 In Guangzhou Peng amp Du (2010) report thatseveral hundred of the over 50000 firm unions had been directly elected by 2010The case of direct union elections in Omron (Shenzhen) has been documented inWen (2013) and Hui amp Chanrsquos (2014) work Yet we need more research to properlyevaluate how these elections are conducted

Although the efficacy of direct union elections has been debated (some argue thatthese elections were manipulated by employers or local officials others questionthe degree to which these will be institutionalized in todayrsquos political climate inChina and some suggest that there is rising opposition to direct elections fromboth employers and the state (Chan 2009 Howell 2008 Wen 2013) the availableevidence (Hui amp Chan 2014 Wen 2013) and more recent first hand evidence fromour research in Guangzhoursquos auto industry suggests that thus far democratic unionelections facilitates collective bargaining with real negotiation between workers andemployers including some conflictual negotiations that result in real rather thanformalistic outcomes and hence are more authentic

Movement from Quadrant 3 to 4 (ie from less authentic to more authenticbargaining at the centralized level) appears possible when employers take the firststep in coordinating through employer associations and when the local governmentdirectly intervenes to create industry wide settlements as suggested by the Wenlingmodel However given the lack of a real connection between unions at this leveland the workers they represent and the heterogeneous workplaces that makedirect election of representatives more difficult we are not convinced that such amovement is imminent In addition there are a number of implementation andenforcement failures such as in the case of the restaurant industry in Wuhan thatsuggest the difficulty of achieving meaningful collective bargaining coverage for anentire regional industry

There is some evidence of increased coordination between decentralized andcentralized levels Zhang (2014) finds evidence of links between industry wagestructures and firm level bargaining in a circumstance when lead and supplierfirms belonging to the same value chain in the local labor market are involvedThis indicates some degree of dynamism distinct from the mostly static pictureimplied by our classification This movement of informal coordination appearssimilar to those practices in the West especially in Europe although perhaps it isat a more incipient stage here As Chinese employers in a cluster or industry beginto build better institutional structures to facilitate coordination that will stimulatea similar movement amongst workers and unions and thereby promote industrywide bargaining as well as firm level bargaining

CONCLUSION

In this paper we examine the growth of strikes and collective bargaining in ChinaUsing McAdamrsquos political process model we argued that Chinese workers are

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Labor Unrest and Collective Bargaining 181

striking more and proactively after 2008 The Chinese state has encouraged thegrowth of collective bargaining although its motivations for doing so could beattributed to different interests such as providing a mechanism to resolve laborconflict or to increase wages in its effort to lsquorebalancersquo the economy a necessarycondition to avoid the middle income trap We argued further that we wouldexpect to see considerable variation in collective bargaining based on the differentialinterests of central and local states who are enjoying more autonomy than theydid in the past And our analysis of the official union (ACFTU) and the crises ofidentity and legitimacy that it faces led us to expect that collective bargaining willbe predominantly inauthentic

The evidence largely supports our expectations Chinese workers are clearlystriking more after 2008 and the numbers of strikes from two different sets of datashow steady increases Collective bargaining has also grown sharply after 2008 butthe key agent charged with the responsibility of increasing bargaining coverage (theACFTU) tends to view it generally as a bureaucratic exercise Hence our findingthat much of the incipient collective bargaining in China hews to the inauthenticside of the continuum We also find considerable variation however in collectivebargaining This variation is attributable to the willingness of the state to allowexperimentation and it would appear that different industrial relations actors ielocal labor bureaucracies local employers and local unions exercise considerablefreedom to develop particular structures

While our taxonomy presents a static picture of collective bargaining in Chinatoday we also highlight how it may change in the future under the presentinstitutional structure We have identified several conditions that are necessary forbargaining arrangements to move towards greater authenticity Specifically eventhough the Chinese state is unlikely to permit workers to affiliate with unions of theirchoice reforms within the ACFTU that move it in the direction of increasing itsrepresentative function is one avenue for change An amendment to the GuangdongProvincial Regulation on Collective Contracts for Enterprises is in our view onepathway to more authentic bargaining The regulation is detailed covering notonly the content and subject matter of collective bargaining but includes extensiveprovisions regarding various aspects of collective negotiations Most crucially theregulation specifies clearly that lsquonegotiation representatives of the employees of thefirm must either be selected by the trade union or democratically elected by thestaff and workersrsquo ndash the first time that democratic elections have been specified inany provincial legislation regarding collective bargaining

However despite the growth and variation that we see and despite the promiseimplicit in the Guangdong regulations overall our paper suggests that collectivebargaining in China is at a very incipient stage At this point in 2015 our initialanalyses would suggest that the institution of collective bargaining in China is moreeffective at increasing wages thereby meeting the statersquos interest in rebalancing theeconomy and less effective in meeting the statersquos alternative interest ie representingworkers adequately so as to reduce industrial conflict

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182 S Kuruvilla and H Zhang

Under what conditions could collective bargaining meet the statersquos alternativeinterest This requires that Chinese unions overcome their problems of identity andlegitimacy A necessary condition is that the state must be willing to provide theunions with more independence What might bring this about The state wouldbe willing to do so if the legitimacy of the CCP is under threat And that couldhappen if industrial conflict and labor exploitation continue to increase despite thenew laws and union activity

However recent decisions suggest that the state has elected to follow an alternativeapproach of improving bargaining effectiveness with more centralization ratherthan providing local union autonomy In 2014 the ACFTU introduced a newfive-year plan (2014ndash2018) to promote collective bargaining Simultaneously inorder to improve collective bargaining effectiveness the ACFTU has adoptednew guidelines to its locals These include the notion that 100 of the workerscovered under CB should be aware of the bargaining and have provided themwith relatively centralized formats that would permit aggregation of data onwages More importantly in May 2015 the central government and CCP releasedlsquoSuggestions for Establishing Harmonious Labor Relationsrsquo ndash the first time thatharmonious labor relations were promoted at the central level in a special documentThese actions suggest that the CCP has acknowledged the shortcomings of thecurrent collective bargaining system (ie poor implementation poor quality ofagreements and the ACFTUs general inability to represent workers) and thethreat of continued industrial conflict to its own legitimacy but is still leery ofproviding local unions and workers with more autonomy that might result in thesuccessful institutionalization of bargaining

How does the development of Chinese unions and collective bargaininginstitutions compare with other Asian nations We might look to both Taiwanand South Korea for parallels Japan however is less comparable because thepost-war development of both unions and collective bargaining developed intandem with democratization (Gould 1984) and was led by employers whointroduced the famous pillars of lifetime employment seniority based wages andenterprise unions in search of labor stability (Hashimoto 1991) In both Koreaand Taiwan however the export oriented industrialization regimes adopted byauthoritarian governments entailed a high degree of control of labor Ratherlike China today Taiwanrsquos policies then required the unions to be affiliated toone central federation (the Chinese Federation of Labor) which was controlled bythe Kuomintang regime (Deyo 1987) Korea adopted a similar approach with thecreation of the Federation of Korean Trade Unions created by the governmentHowever in contrast to Taiwan (where the workforce was mostly composed oflabor working in agriculture and small scale industries) Korearsquos labor movementeven under authoritarian governments developed a stronger working class identityDeyo (1987) and Chu (1998) argue due to the tradition of nationalist mobilizationagainst the Japanese occupation large sized firms involved in heavy industries andhigh industry concentration Both countries democratized in the late 1980s Given

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Labor Unrest and Collective Bargaining 183

their historical weakness the labor movement in Taiwan did not play a major rolein the democratization processes unlike the Korean labor movement which was acentral player in the process in Korea Consequently post democratization Koreanunions aggressively demonstrated their power through waves of strikes (Chu 1998)that resulted in the formal institutionalization of a new industrial relations regimealong pluralist lines Taiwanrsquos labor movement given its historical weakness did notassert themselves as strongly after democratization although a new labor relationsregime developed thereafter Thus although there was broad similarity in termsof state control of labor in Korea Taiwan and China that similarity ended in the1980s upon democratization in Korea and Taiwan The Chinese labor movementstill remains under state control and the future evolution of both labor unions andcollective bargaining is as we have argued earlier in this paper dependent on CCPrsquosstrategies

Having developed a lsquobaselinersquo taxonomy of collective bargaining how mightfuture research advance our knowledge about collective bargaining in China Mostimportantly we need research (detailed case studies) on how collective bargainingis conducted in different parts of China As Friedman and Kuruvilla (2014) haveargued there is much experimentation and decentralization and more empiricalevidence of these processes are clearly necessary in order to evaluate what worksbest in which locations and why We specifically need more case studies ofauthentic bargaining Second we need analyses of collective bargaining contracts(on both a national and regional scale) in order to determine which are the keyissues of contention between management and labor and how they are changingovertime More research on the various experiments regarding union electionsand the impact of these on bargaining processes and outcomes is a key need aswell Thus there are plenty of opportunities for cutting edge research in collectivebargaining in China and we hope that Chinese management scholars would answerthis call for research into a crucial national human resource issue

NOTES

We thank Manfred Elfstrom and Eli Friedman for comments on an earlier version of this article andthe faculty at Renmin University School of Labor and Human Resources for hosting us[1] There have been various administrative provisions for collective negotiations since 1994 but

legal backing was only granted via the Labor Contract Law beginning in January 2008[2] According to the National Bureau of Statistics (NBS) the term lsquoenterprises above designated

sizersquo points to those industrial legal person enterprises whose yearly main business incomes equalto or are more than 5 million yuan (2009)

[3] The political geography in China divides the country into three levels of bureaucracies below thenational level namely the provincial level the citycounty level and the township level (Note thata village government is not an official bureaucracy but a villagersrsquo self-management organization)However as a legacy of the Kuomintang regime most cities include and administrate severalcounties and therefore the de facto bureaucratic system in China ndash according to which bothofficial unions and governments are structured ndash actually has four levels ie the provincial levelthe city level the countydistrict level and the township level

[4] We admit the possibility that the growing trend may be partially because of a betterdocumentation system now than before

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184 S Kuruvilla and H Zhang

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Clarke S Lee C amp Li Q 2004 Collective consultation and industrial relations in China BritishJournal of Industrial Relations 42(2) 235ndash254

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Friedmand E D amp Kuruvilla S 2015 Experimentation and decentralization in Chinese industrialrelations Human Relations 68(2) 181ndash195

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Gallagher M E amp Dong B 2011 Legislating harmony Labor law reform in contemporaryChina In S Kuruvilla C K Lee amp M E Gallagher (Eds) From iron rice bowl toinformalization Markets workers and the state in a changing China Ch3 IthacaNY Cornell University Press

Gallagher M E 2014 Chinarsquos workers movement and the end of the rapid-growth era Daedalus143(2) 81ndash95

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Hui E S I 2011 Understanding labour activism The Honda workersrsquo strike In C Scherrer (Ed)Chinarsquos labor questions Ch3 Munchen Mering Germang Rainer Hampp

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Katz H amp Darbishire O 2002 Converging divergences Worldwide changes inemployment systems Ithaca NY Cornell University Press

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Liu M 2010 Union organizing in China Still a monolithic labor movement Industrial andLabor Relations Review 64(1) 30ndash52

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Labor Unrest and Collective Bargaining 187

Xu X 2005 lsquoZiran zhuangtairsquo de gongzi jiti xieshang Zhongguo nanfang mouzhen yangmaoshanhangye gongzi jiti xieshang (Collective consultation and discussion on the wages under thelsquonatural conditionrsquo) Tianjin Gonghui Guanli Ganbu Xueyuan Xuebao (Journal ofTianjin Trade Union Administratorsrsquo College) 13(3) 29ndash32

Zhang H 2014 Informality in Chinarsquos collective bargaining Unpublished Masters thesisCornell University Ithaca NY

Zhang J amp Shi Y 2012 Guanyu hangye jiti xieshang qingkuang de diaocha baogao (Survey onindustrial collective negotiation) Zhongguo Laodong Guanxi Xueyuan Xuebao (Journalof China Institute of Industrial Relations) 26(4) 51ndash57

Sarosh Kuruvilla (sck4cornelledu) is Professor of Industrial RelationsAsian Studies and Public Affairs at Cornell University and Visiting Professor atthe London School of Economics His research focuses on the linkage betweeneconomic development strategies and labor and human resources policies Hehas published numerous articles and 3 books on various aspects of labor relationsin Asia He is currently researching collective bargaining in ChinaHao Zhang (hz256cornelledu) is a PhD student at Cornell UniversityrsquosSchool of Industrial and Labor Relations His primary research focus is laborand employment relations with special attention to China And he has ongoinginterests in globalization development political economy skill formationproduction and work

Manuscript received September 18 2014Final version accepted September 28 2015 (number of revisions ndash 2)Accepted by Editor-in-Chief Arie Lewin

Ccopy 2016 The International Association for Chinese Management Research

  • INTRODUCTION
  • THEORETICAL PERSPECTIVES
    • Worker Militancy
    • State Promotion of Collective Bargaining
    • Variations in Collective Bargaining
    • The Future of Collective Bargaining
      • METHODOLOGY
      • RESULTS
        • Strikes
        • Collective Bargaining
        • Emerging Variation Varieties of Collective Bargaining in China
          • DISCUSSION
            • Moving across Quadrants The Future of Collective Bargaining and The Roles of Unions and Employers
              • CONCLUSION
              • NOTES
              • REFERENCES

166 S Kuruvilla and H Zhang

most equal large economy with a gini coefficient of approximately 026 in 1979 toamongst the most unequal large economies (with a gini coefficient of 047 in 2012)The widening income inequality is seen as a potential threat to political stability (agini coefficient of 040 is seen as the lsquosecurity linersquo) Again a variety of actions in thelabor arena can be seen as inequality reduction mechanisms notably the plethoraof laws that promote equal pay and move workers from the informal sphere tothe formal sphere Collective bargaining and especially industry wide collectivebargaining is one way to standardize wages and benefits within industries

Variations in Collective Bargaining

Although the central state promotes collective bargaining using uniformmechanisms at the national level there is significant variation in the developmentof collective bargaining mechanisms rules and in institutionalization across ChinaWhat might explain this variation In most countries variations in collectivebargaining processes can be linked to differences in bargaining structure (whichin turn depends on the structure of unions and employers) as well as differentregulations across states or regions (see Katz amp Darbishire 2002) The state inChina through its Labor Contract Law has promoted some variation in that itsupports both collective bargaining at the firm level as well as collective bargainingat the industry level (articles 53 and 54) Friedman and Kuruvilla (2015) argue thatChina is taking an experimental gradualist and decentralized approach to theintroduction of collective bargaining and to labor relations reform They suggestthat there are a number of ways in which the central state promotes or allows localexperimentation One the one hand the ACFTU has consciously undermined thepower of the nationally organized industrial unions in favor of regionally basedfederations to prevent them from developing potentially an independent base ofpolitical power Hence much of the experimentation we see is at the enterprise levelBut we must remember that provincial and local governments also have interestsAnd local governments play a major role in promoting collective negotiationsFor instance Friedman and Kuruvilla (2015) note that the Binhai new district inTianjin provides firms with a subsidy equal to 15 of the total increase in wage billthat comes about through collective bargaining Clearly the local government hasinterests in raising wages and wants to incentivize firms to use collective bargainingregularly Other local governments encourage collective bargaining because it mayprevent strikes and the general instability that ensues as a result of public protestsSeveral provinces have enacted detailed regulations that go above and beyond thenational regulations with regard to collective bargaining Recently Guangdongprovince enacted bargaining regulations taking effect in January 2015 which notonly provide for employer obligation to bargain but even more far reaching allowthe direct election of worker representatives by workers The point here is that wewould expect to see considerable variation in collective bargaining based on theinterests of different provincial and municipal governments But these variations are

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Labor Unrest and Collective Bargaining 167

tolerated and in fact encouraged by the central state and as argued by Friedmanand Kuruvilla (2015) consistent with the statersquos approaches in other arenas Forinstance the state has allowed a variety of experimentations with market reform todevelop in the provinces which has resulted in experiments with decollectivizationof land (Unger 2002) If regions proved successful their models could be promotedthroughout the country We argue that the state is taking a similar approachwith regard to collective bargaining In part given the differences in employmentstructure ownership industry workforce composition across regions provincesand cities a differentiated approach is necessary However the statersquos toleranceof diversity coexists with a key requirement that independent forms of workerorganization are banned

In sum we suggest that the central and local states promote collective bargainingfor a variety of different interests and that we should expect to see a variation incollective bargaining arrangements across different provinces and regions HenceHowellrsquos conception of the Chinese state as a polymorphous one is best suited to theanalysis of its motivations for promoting collective bargaining In order to predictthe future direction of collective bargaining we then turn to an analysis of Chineseunions and employers

The Future of Collective Bargaining

As noted earlier the future of collective bargaining depends heavily on the degreeto which it is institutionalized which in turn depends on the ability and willingnessof employers and trade unions to adopt the process At the moment we arguethat it is at an incipient stage The state has established the basic framework via itsTripartite Conference on the Coordination of Labor Relations (xietiao laodong guanxi

sanfang huiyi) involving the labor ministry the ACFTU and the China EnterpriseConfederation-China Enterprise Directorsrsquo Association (CEC-CEDA) ndash a semi-official employer association in China in 2001 (Brown 2006) The tripartite systemwas strengthened in February 2005 when the lsquoCircular on Further Advancingthe Collective Wage Negotiationrsquo was published by the three parties requiring allbranches of the three parties at different levels to collaboratively work together toincrease collective bargaining The statersquos lsquolegislative onslaughtrsquo in 20078 for thefirst time created a legal basis for collective bargaining And finally the state hasinstructed the ACFTU to organize workplaces and establish collective bargainingin all workplaces articulated now through the lsquorainbowrsquo plan

Since the primary engine for collective bargaining growth apparently rests onthe ACFTU it is useful to theoretically examine its evolution The key questionhere is whether the ACFTU can effectively represent Chinese workers in collectivenegotiations There are two primary lines of debate and argument with regardto the role of the ACFTU The first concerns the ACFTUrsquos identity whether it isfunctioning in largely path dependent ways and has not yet made the transition toa new role in a market based society The second is that the ACFTU suffers from

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168 S Kuruvilla and H Zhang

a crisis of legitimacy in that most workers do not trust the union or see it as effectiveWe discuss each in turn below

With regard to whether the role of the ACFTU has transformed Chen hasargued that the ACFTU remains stuck to its lsquodouble institutionalrsquo identity as bothan apparatus of the state (acting on behalf of the nationrsquos collective good) and asa labor organization to protect workersrsquo interests (Chen 2003) In the old systemChen argues that the ACFTU did not quite experience tensions between its tworoles largely because its representation function was lsquoactually absorbed by thestatersquo given that its paternalistic labor regime under the lsquoiron rice bowlrsquo system ofemployment guaranteed workers economic interests such as work pay health careand social security But under a market based system it is increasingly experiencingthese tensions especially as industrial disputes and worker militancy increase

Yet the extent to which the ACFTU has evolved in a more representativedirection remains contested Chan (Chan 1993 Unger amp Chan 1995) argues thatthe ACFTU played an effective corporatist role in the socialist period but is likelyto continue this in the market era because the statersquos needs to effectively bridge thegap between the grassroots and the state in the market economy has created spacefor the ACFTU among other such organizations to incorporate worker voice intothe bureaucratic system of the state Chan (1993) predicted that the ACFTU wouldtransform from its state corporatist role to that of a more societal corporatist rolethat features lsquoa coalescing of horizontal interests from the bottom upwardrsquo

However Friedman (2014a) does not see a promising corporatist future for theACFTU for three reasons First corporatism requires that workersrsquo voices aresuccessfully incorporated into the system while the ACFTU does not incorporateworkers voices Second corporatism requires that workers give up political demandsin exchange for economic benefits and therefore implies a relatively de-commodifiedmodel of social governance whereas in China workers clearly do not enjoysufficiently such benefits Third however co-opted a union under corporatismis it is a somewhat independent intermediary organization between the grassrootsand the state while the ACFTU is clearly part of the state apparatus with no suchindependence

That being said clearly there is some transition to a more representative roleof the ACFTU Chen (2003) documents the increasing ways in which unions aretaking up their representative function with regard to individual if not collectivedisputes The ACFTU has carried out reforms and lsquoexperimentsrsquo at both centraland local levels In the arena of organizing unions at all levels have developedvarious models (ie the traditional ACFTU pattern the union association patterand the regional industry-based pattern) to strategically organize workers (Liu2010) Nevertheless the unionsrsquo ability to effectively represent workers is limitedon the one hand by their subjective position with regard to the employer and onthe other because union leadership cadres see union organizing as a bureaucraticexercise to meet the targets suggested by the state rather than a strategic one (Liu2010 Taylor amp Li 2010)

Ccopy 2016 The International Association for Chinese Management Research

Labor Unrest and Collective Bargaining 169

Chen (2003) suggests that there is a natural limit to the ACFTUrsquos ability tobe an independent representative agent ie the state will not loosen its controlover the unions because of lsquosolidarity phobiarsquo (eg the Polish experience) wherebymore independent unionism is seen as subversive and threatening to the regimeas well as being threatening to the role of the state as a lsquodevelopmentalrsquo stateTherefore we expect that the state will continue protecting the ACFTU monopolyon worker representation ndash a condition that Friedman (2014a) called lsquoappropriatedrepresentationrsquo whereby the ACFTU may be able to promote collective bargainingusing its unique political position at the national level whereas workplace unionswill remain weak and illegitimate

The crisis of legitimacy of the ACFTU has been well documented by severalauthors (Howell 2008 Taylor amp Li 2007) The key argument here is that Chineseworkers do not trust the ACFTU to adequately represent them and in fact inmany workplaces where the ACFTU is present the workers do not even know thatthey have representation The ACFTU is seen as largely apathetic willing to allowmanagement to exercise control (this explains the phenomena of lsquodual postingrsquowhere the companyrsquos human resource manager is allowed by the ACFTU officialsto act as lsquounion leaderrsquo) Friedman (2014a) suggests that official unions have beenunable to win recognition from workers and therefore wildcat strikes and otherforms of representation continue to be the most effective means of addressingworker grievances There have been recent experiments regarding direct unionelections which would arguably lead to more representative unions and hencemore legitimate ones but there is a lack of sufficient worker involvement in theseexperiments (Chan 2009 Howell 2008) with a notable exception of electionsinitiated by workers via spontaneous strikes (Hui amp Chan 2014)

Given that unions have an identity crisis as well as a crisis of legitimacy the keyhypotheses that we can advance is that unions will be unable to effectively representworkers in collective bargaining and are more likely to see collective bargaining asa bureaucratic exercise just as they view union organizing Collective agreementsthen are more likely to be formalistic exercises that primarily re-state the basicconditions under the laws and less likely to advance workersrsquo interests

Like the ACFTU the two national employer associations ndash the CEC-CEDAand the All China Federation of Industry and Commerce (ACFIC) ndash participatein the tripartite framework to promote collective bargaining but both are alsosubordinated to the CCP Our current ongoing research suggests that theseemployer associations are half-hearted partners in promoting collective bargainingLocal employer associations although theoretically have to be affiliated with thetwo big national associations often enjoy more autonomy from the state as well astheir upper levels in decision making than their equivalents on the union side do(Friedman 2014b) This allows them to ignore collective bargaining or when it suitstheir interests to encourage and promote it Given tight labor market conditionsit often suits local employers to engage in some form of regional or industry-wide coordination on wages and working conditions In such cases local employer

Ccopy 2016 The International Association for Chinese Management Research

170 S Kuruvilla and H Zhang

associations serve as mechanisms of employersrsquo collective voice while lead firmsare indeed key players But apart from these industry-wide bargaining scenariosemployers tend to shy away from collective bargaining at the firm level except afterstrikes

Given the unionrsquos identity and legitimacy crises and the employersrsquo relative lackof interest in promoting collective bargaining at the firm level we have no basis toexpect that the institution of collective bargaining will fulfill the statersquos objectives inintroducing it as a means of containing labor conflict In what follows we discussour methodology and in our results section we attempt to categorize the variationthat we see in collective bargaining (based on very limited research) in China

METHODOLOGY

In the absence of official data we rely on alternative estimates of strikes of whichtwo sources are available The first is a website run by the China Labour Bulletina Hong Kong based NGO that collects information on worker protests and strikeslargely from news reports in Chinese newspapers but also from dissident blog sitesand through the organizationrsquos radio call in show The second is a website calledChina Strikes (Elfstrom amp Kuruvilla 2014) which also uses newspaper reportsbut also individual lsquotip-offsrsquo through their website While China Strikes has focusedon the period of 2008ndash2012 the China Labour Bulletin reports strikes from 2011onwards For the overlapping years ie 2011ndash2012 both websites have identifiedsimilar numbers of strikes However both sources of data have shortcomings Firstit is possible that both websites under-report the actual number of incidences ofworker protests and strikes since there are many incidences that do not find theirway into newspapers for a variety of reasons Second it is possible that only biggerstrikes that disrupt life outside the factory gates (such as taxi strikes) get reportedin the press And finally the criticism that these two websites may be measuringnews stories rather than real strikes is also not entirely without substance Howeverin the absence of official statistics these are the only sources of data even if theyunderstate by a significant margin the real numbers

With regard to collective bargaining our goal is to use the limited research alreadypublished and our own observations (we are currently engaged in a research projecton collective bargaining that is not yet complete) to create a taxonomy of collectivebargaining in China Given that collective bargaining is a relatively new institutionbut one that is expected to grow in the coming years establishing a taxonomy todaywill be useful as a baseline against which future studies can make comparisonsOur taxonomy uses two concepts to classify current collective bargaining Theseare the degree of centralization (or decentralization) and the degree of authenticityof collective bargaining

Whether bargaining is centralized or decentralized depends on the bargainingstructure ie the level at which bargaining takes place and the employees andemployers it covers (Katz Kochan amp Colvin 2014) In Western European

Ccopy 2016 The International Association for Chinese Management Research

Labor Unrest and Collective Bargaining 171

countries a centralized (or multi-employer) bargaining structure is instituted atlevels beyond individual firms usually at the industry or national level wherenegotiations are carried out by national or industrial level organizations of unionsand employers National level agreements are common in Austria and Swedenwhereas industry level agreements are common in Germany Netherlands andBelgium Decentralized bargaining (where agreements are negotiated by companylevel unions and their employers are more common in the US and JapanIn China the labor contract law permits both centralized and decentralizedbargaining although the centralized bargaining it envisages is actually at a moredecentralized level than in other countries Specifically the law limits regionalor industry level collective contracts in construction mining restaurant andother industries to areas below the county level[3] The statersquos rationale for thislimitation is twofold ie the need to resolve issues of employment instability laborshortages strikes high turnover low social security coverage at the county levelwhile at the same time providing an institutional structure to extend collectivebargaining coverage to workers in these difficult to organize industries ndash mostlysmall short-lived and non-unionized businesses In practice local unions oftenare reluctant to establish collective bargaining at above-county levels and regionalauthorities do not encourage this either while the state actively discourages industrywide bargaining structures above the country level Thus we will expect to seemore collective bargaining agreements at the firm level rather than industrylevel

Collective bargaining can also vary based on the degree to which bargaining isauthentic As we have noted earlier there is a clear tendency towards what are calledlsquotemplate agreementsrsquo where management and union sign a formalistic agreementthat simply re-states the minimum conditions of the law and where workers are noteven aware of these agreements These would be inauthentic agreements We definea collective bargaining agreement as authentic if it meets the following conditionswhether unions and employers actually engage in a process of negotiations whetherworkers have input into crafting the demands that the union negotiates on theirbehalf whether those negotiations result in concrete outcomes and whether theprocess is repeated more than once (a sign of institutionalization) As we will showthe majority of collective bargaining agreements tend to be inauthentic Authenticagreements are relatively few and typically they occur after a strike since the strikeby workers needs to be settled and it can only be settled by negotiations

Based on our theoretical discussion with regard to strikes we would expect tosee steadily increasing numbers of strikes offensive in nature all across the countryalong with steadily increasing conflict rates Based on our analysis of the centraland local statesrsquo multiple interests we would expect to see steady growth in thenumber of collective bargaining agreements since 2008 and significant variationFinally based on our analysis of the ACFTU and employersrsquo associations we wouldexpect to see many inauthentic agreements and a preponderance of firm levelbargaining

Ccopy 2016 The International Association for Chinese Management Research

172 S Kuruvilla and H Zhang

Table 1 Strikes in China 2008ndashAugust 2014

Year

Number of

strikes

Average number of

strikes per month

2008 47 42009 32 32010 88 72011 233 192012 393 332013 656 552014 (till August) 644 81

(Source The 2008ndash2012 data about China are fromChina Strikes website available from URL httpschinastrikescrowdmapcom The 2013 data aboutChina are from China Labor Bulletin available fromURL httpwwwnumblecomPHPmysqlclbmapehtml)

6 916

0

20

40

60

80

100

120

140

Jan-

08

Jun-

08

Nov

-08

26

Apr-

09

Sep-

09

Feb-

10

Jul-1

0

17

31 3541

Dec-

10

May

-11

Oct

-11

Mar

-12

49

7265

78

64

119

Aug-

12

Jan-

13

Jun-

13

Nov

-13

105

-

Chin

Chin

a Strikes

a Labor Bullen

Figure 2 Monthly strikes in China 2008ndash2014 (Source China Labor Bulletin available fromURL httpwwwnumblecomPHPmysqlclbmapehtml and China Strikes available from URLhttpschinastrikescrowdmapcom)

RESULTS

Strikes

China Strikes reports a total of 793 strikes during the 2008ndash2012 period whilethe China Labour Bulletin indicates a total of 1867 strikes between Jan 2011 andAugust 2014 Table 1 shows counts of strikes after integrating estimates from bothwebsites What is notable is that the average frequency of strikes per month hasbeen increasing steadily Figure 2 graphs this trend[4] Chinese workers appear tobe striking more and longer indicative of their bargaining power

If one assumes as we argued that the Chinese data represents a massiveundercount of reality then clearly China is the lsquostrike capitalrsquo of the world withmore strikes per year than most other countries An alternative way of examiningwhether there is conflict in the system is to look at the number of labor disputes in

Ccopy 2016 The International Association for Chinese Management Research

Labor Unrest and Collective Bargaining 173

Table 2 Labor disputes in China (2000ndash2012 every alternative year)

2000 2002 2004 2006 2008 2010 2012

Annual Average

Growth Rate

Number of casesaccepted

135206 184116 260471 317162 693465 600865 641202 1385

Number ofworkersinvolved

422617 608396 764981 679312 1214328 815121 882487 633

Number ofcollective labordisputes

8247 11024 19241 13977 21880 9314 7252 minus 107

Number ofworkersinvolved incollective labordisputes

259445 374956 477992 348714 502713 211755 231894 minus 093

Number of casessettled

130688 178744 258678 310780 622719 634041 643292 1420

Number of casessettled bymediation

41877 50925 83400 104435 221284 250131 302552 1791

Number of casessettled byarbitrationlawsuit

54142 77340 110708 141465 274543 266506 268530 1428

Cases mediatedbefore accepted

77342 70840 130321 237283 163997 212937 1066

(Source China Labor Statistical Yearbook 2013)

China As the data in Table 2 suggests the number of labor disputes in China hasalso increased over the last few years

In sum and despite problems with the available data our research suggeststhat Chinese workers are increasingly militant and that the number of strikes inChina seems to be steadily increasing as are other indicators of industrial conflictconsistent with our expectations

Collective Bargaining

The published data show considerable growth in collective bargaining in Chinafrom 2006 onward As is apparent from Table 3 the annual growth rates in thenumber of collective contracts are high nearly 20 per year The number ofenterprises being covered by the contracts has been growing by almost 100 peryear indicating a great expansion of multi-employer ndash industrial and regionalndash contracts as well Clearly therefore the statersquos encouragement of collectivebargaining has been successful in quantitative terms Yet the growth in collectivebargaining does not show an appreciable decline in industrial conflict measuredby strikes or data on industrial disputes At a preliminary level this suggests thatthe statersquos encouragement of collective bargaining as a method of reducing conflict

Ccopy 2016 The International Association for Chinese Management Research

174 S Kuruvilla and H Zhang

Table 3 Growth of collective bargaining in China 2005ndash2010

2005 2006 2007 2008 2009 2010

Average Annual

Growth Rate

Number ofcollectivebargainingcontracts onwages

251794 304978 343329 410606 512151 608483 1930

Number ofenterprisescovered

41306 525964 622063 774501 901665 1115874 9334

Staff andworkerscovered bycollectivebargaining

35312320 37145872 39685737 51101198 61776321 75657331 1646

(Source China Trade Union Yearbooks 2006ndash2011)

Table 4 Wage growth in China (2000ndash2013)

Year

Average Yearly

Nominal

Wages (yuan) Growth of Nominal Wages Growth of Real Wages

2000 9333 122 1132001 10834 161 1532002 12373 142 1542003 13969 129 1192004 15920 140 1032005 18200 143 1252006 20856 146 1292007 24721 185 1342008 28898 169 1072009 32244 116 1262010 36539 133 982011 41799 144 862012 46769 119 902013 51483 101 73

(Source China Statistical Yearbook 2014)

and strikes is not successful or to be conservative not successful yet At the sametime data on wages show steady growth (see Table 4) We can draw two differentconclusions from this limited data One is that the key interest of the state wasnot to reduce conflict via the introduction of collective bargaining but to increaseand stabilize wages If this conception of the statersquos interest is correct then itprovides support for the argument that the state is acting in lsquodevelopmentalrsquo waysin encouraging collective bargaining as an instrument to rebalance the economy Analternative explanation is that the state does want to introduce collective bargainingin order to reduce conflict (as has been done in most parts of the world) but thequality of collective bargaining is not very good and hence does not meet that goal

Ccopy 2016 The International Association for Chinese Management Research

Labor Unrest and Collective Bargaining 175

FormalisticIneffective AuthenticEffective

Centralization

Decentralization

- Industry-wide Agreements that are ineffective egWuhan Restaurants

- Well established industry wide agreements eg The Wenling Model

- Template Bargaining

- Strike-triggered Bargaining

- State-intervened Bargaining

- Informal Bargaining

- Informal Coordination

- Democratic Grassroots Union Election

- Employer Coordination and state Intervention

Q3 Q4 Q1 Q2

Figure 3 A taxonomy of varieties of collective bargaining in China

If this is true then the policy prescriptions are clearer Below we look more closelyat the nature of collective bargaining

Emerging Variation Varieties of Collective Bargaining in China

Based on the limited available research we classify collective bargaining agreementsbased on how centralized or decentralized and how authentic or inauthentic theyare Recall our key caveat that there is relatively little published research andhence our taxonomy below (see Figure 3) is not based on a representative sampleas it should be However we want to highlight that this is by no means a staticclassification because we also see dynamism where there is movement from onequadrant to another At best this taxonomy should be seen as an initial estimateor baseline against which future research can examine progress over the comingdecade

Quadrant 1 Decentralized inauthentic collective bargaining Perhaps the most commonform of collective bargaining is what we term lsquotemplate bargainingrsquo and what other

Ccopy 2016 The International Association for Chinese Management Research

176 S Kuruvilla and H Zhang

researchers have described as lsquocollective contracts without collective bargainingrsquoor lsquopaper contractsrsquo (Chen 2007 Clarke et al 2004 Luo 2011) Typically thelocal government ndash often the labor administration and official union ndash develops atemplate for a collective contract that employers and the local branch of the unionshould sign (jiti hetong fanben) In some cases the template agreement contains blankspaces for wage increases which enterprises can customize to suit their needsUsually a template agreement leaves little room for the parties to bargain overinterest-based issues (Chen 2007) This is the model of collective bargaining mostcommonly followed by the ACFTU which provides its unions with these templateagreements for various regions that employers are requested to sign and whichre-state minimum legal conditions Often employers prepare the contracts andunions simply sign them without engaging in any negotiation (Clarke et al 2004Luo 2011 Taylor Chang amp Li 2003 Wu 2012)

The ACFTU which is targeted with increasing the coverage of collectivebargaining within the country appears more interested in the quantity ofagreements signed (to meet its targets) with relatively little focus on the quality (Wu2012) Some of these template agreements are not even enforced due to weaknessesin the labor inspection regime (Wu 2012) or because the local enterprise unionsalso exist primarily lsquoon paperrsquo having been set up by the ACFTU in collaborationwith the employer often without the workersrsquo knowledge (Liu 2010) Thus thougha large majority of Chinese collective bargaining agreements hew to this type wesee them as being largely inauthentic and the most decentralized given that theyare signed at the enterprise level These have been well documented in existingstudies (Clarke et al 2004 Luo 2011 Taylor et al 2003 Warner amp Ng 1999) sowe shall not expand on them here

Quadrant 2 Decentralized authentic collective bargaining A small but growing number ofcollective bargaining agreements at the firm level can be termed more authenticalthough there is some variation to the extent that they truly encapsulate genuinebargaining There are three different ways in which this type of collective bargainingis happening One and perhaps the most authentic form of collective bargainingis the negotiations that take place after a strike as Elfstrom amp Kuruvilla (2014)suggest The best known case of strike-triggered bargaining is the Honda NanhaiTransmission plantrsquos strike in 2010 that resulted in substantial wage increases forworkers and later also triggered a strike wave in the local and national auto industryleading to substantial wage negotiation in many of those cases as well (Hui 2011)Since a strike when it occurs is frequently settled by negotiations these days (Chang2013) the steady growth in the number of strikes implies growth in more authenticcollective bargaining There is increasing research that suggest that strikes beforeand during the 2010 strike wave were settled via negotiations between provisionallyelected workersrsquo representatives and employers (Chen 2010 Meng 2012 MengLu Lei Wang amp Chang 2011) Some of these strike-based settlements have beenoften facilitated by the mediation of local governments and official unions and

Ccopy 2016 The International Association for Chinese Management Research

Labor Unrest and Collective Bargaining 177

the state in various places has appeared to prefer using this approach rather thansuppressing striking workers (Chang 2013 Gallagher 2014) Chen (2010) refersto these dispute and strike settlement mechanisms as quadripartite bargaininginvolving four actors (the state the ACFTU the employers and the workers)Strikes and post-strike settlements are an important route by which collectivebargaining is becoming institutionalized suggests Meng (2012) in his research onDalian

The second way that authentic bargaining may occur without collective actionby workers is through the direct intervention by the local government Chan andHuirsquos (2014) research on Hondarsquos (Guangzhou) 2011 bargaining round suggeststhat although a union in which workers elected their representatives and collectivebargaining were institutionalized in the firm after the 2010 strike the localgovernment directly intervened in the negotiations during the 2011 bargaininground and encouraged the parties to come to agreement Arguably the localgovernment was interested in avoiding a potential strike We refer to this as authenticbecause it is occurring in a situation where workers choose their own representativesand the local government apparently takes the process seriously However this is amore isolated case

Although much of the prior literature has focused on formal bargaining structuresto make the claim that much of Chinese collective bargaining is inauthentic Zhang(2014) makes a compelling case that we should examine informal processes whichare perhaps just as important as formal structures and constitute the third wayin which bargaining is effective He finds in his study of the auto industry inTianjin that while formal bargaining looks just as formalistic as many other casesmuch of the real negotiation takes place at both enterprise and industry levelsthrough informal processes of coordination and negotiations that have resultedin meaningful outcomes Although there have not been strikes or governmentintervention in the auto-industry bargaining cases in Tianjin that Zhang examineshis research points to the active role of the firm union in ensuring substantialnegotiation Thus there are many different ways in which authentic bargaining iscarried out

Quadrant 3 Centralized and inauthentic collective bargaining A major strategy of theACFTUrsquos Rainbow Plan can be found in its effort to carry out regional and industry-level bargaining seen as necessary to bring employees of small and medium sizedfirms under collective bargaining coverage (Wu 2012) And as noted the ACFTUrsquosefforts are complemented by the state apparatus where key state departmentsoften take the lead in mobilizing employers For instance in the second authorrsquosongoing research he finds that in the case of hospitals in Tianjin the districtunion successfully mobilized the employers by leveraging the district Bureau ofPublic Health (BOPH) ndash a state institution in charge of examining approving andsupervising all local public health affairs ndash to create an industry wide collectivebargaining agreement However it was not clear that workers were aware of the

Ccopy 2016 The International Association for Chinese Management Research

178 S Kuruvilla and H Zhang

agreement nor was it clear that the agreement was enforced Similar efforts arealso identified in Tianjinrsquos construction industry as well as in other regions in Wursquos(2012) research

While we need more cases to draw firmer conclusions thus far what is clear isthat many of these industry-wide agreements are either formalistic or have shownthemselves to be ineffective and not institutionalized Similar to that of decentralizedand formalistic bargaining the reasons for ineffectiveness at this level include theunionrsquos focus on formalistic terms the absence of strict enforcement and oftenworker ignorance of the terms of the agreement or that they were represented bya union (a frequent issue when union representatives are not directly elected) (Wu2012) A classic example here is Friedmanrsquos (2014b) study of sectoral bargainingin Ruirsquoan eyeglass cluster in Zhejiang Province where workers interviewed indeedknew nothing about the industry level contract that covered them Probably thebest-known case of failure of enforcement of collective bargaining can be foundin Wuhan where the local government in a top-down process initiated sectoralnegotiations in 2011 in the restaurant industry Although the sectoral contract hasset wage terms for over 450000 workers from 40000 different establishments in2011 (Xie amp Guo 2011) and has been renegotiated successfully over the last threeyears which has been well covered by mass media recent research (Xie ChenChen amp Xiao 2012) shows that only 569 of employees surveyed were receivingthe wages stipulated in the contract

Despite these issues the ACFTU continues to focus on building collectivebargaining institutions at the industry and regional levels In Guangzhou forinstance the official union has organized the construction industry although nocollective bargaining has been successfully achieved (Friedman 2014b) In additionunion organizing by region has also been identified in areas with clusters of smallbusinesses such as community unions village union associations market unionsoffice building unions and union associations by ownership in development zones(Liu 2010) But we are skeptical of the prospects for institutionalization of collectivebargaining at the regional level given the heterogeneity in industries and firms ina region and given that often workers are not aware of the agreement nor do theyelect their representatives

Quadrant 4 Centralized authentic collective bargaining There are a few instances ofcentralized sectoral bargaining that qualify as authentic Unlike the previousexamples where it was either the local government or the ACFTU that was theprimary engine behind the development of collective bargaining in the case ofWenling the employers were the ones who initiated the project Wenling a town inZhejiang Province contains a knitwear cluster with more than 130 firms employingabout 12000 workers in 2002 In this case employers began spontaneous wagecoordination in an effort to deal with the rising turnover as a result of whatwas an acute labor shortage (Xu 2005) They formed an employer association in2000 and institutionalized wage coordination amongst themselves although not all

Ccopy 2016 The International Association for Chinese Management Research

Labor Unrest and Collective Bargaining 179

employers came on board By 2003 the local government stepped in establishingan industrial union which ultimately signed an industry-wide agreement with theemployer association (Wen amp Lin 2015) That contract has been renegotiated everyyear since and is stable although it overwhelmingly focuses on the piece-rates andnot other working conditions Moreover it is a clear case of relatively authenticcollective bargaining arrangement in terms of how well the contract is enforcedThe second author interviewed workers in the industry in 2013 and found that thepiece-rates that were used to pay them was higher than or equal to those stipulatedin the contract

The Wenling model is being increasingly diffused to other areas In all 15industries ndash including the pump sector in a town named Zeguo (Liu 2010) ndashhave carried out similar bargaining by 2012 covering roughly 6100 enterprisesand 400000 workers (Zhang amp Shi 2012) There are reports of cases developingin other textile and garment (Luthje Luo amp Zhang 2013 269) as well as othermanufacturing clusters (Lee 2011) The commonalities across these lsquosuccessfulcasesrsquo is that they are negotiating about the piece-rate at the industry level andwage coordination was welcomed by small and medium-sized firms in order toreduce turnover in a labor shortage situation Therefore success seems to be in partdetermined by employer interest and readiness for collective bargaining as well

DISCUSSION

Moving across Quadrants The Future of Collective Bargaining andThe Roles of Unions and Employers

While the above taxonomy presents a static picture of the varieties of collectivebargaining in China it is important to incorporate a dynamic element specificallywhat makes it possible to move from inauthentic to more authentic collectivebargaining and how might decentralized bargaining connect with more centralizedstructures to create more worker solidarity

How might we expect movement from inauthentic to more authentic bargainingat the firm level (ie from Quadrant 1 to Quadrant 2) Certainly as discussedearlier strikes could trigger such a movement But there are other ways as wellOne strategy recently adopted in Guangzhou and Shenzhen is the grassroots unionelection (namely direct election for grassroots trade union cadres [gonghui zhixuan])When workers are able to elect their own representatives rather than having unionleaders decided by the regional official union or the enterprise it builds the localunionsrsquo autonomy and independence and is one necessary step for the growth ofauthentic bargaining This focus on direct election is growing For instance theShenzhen Federation of Trade Unions announced in 2012 that 163 enterpriseswith more than 1000 employees would all adopt direct election (Eastmoney 2012)The second authorrsquos interview with a key informant involved in Shenzhenrsquos unionelection revealed that approximately 1000 out of the 30000 enterprise unions

Ccopy 2016 The International Association for Chinese Management Research

180 S Kuruvilla and H Zhang

in Shenzhen had lsquocarried out or reached the level of direct union election (dadao

zhixuan shuiping)rsquo by August 2011 In Guangzhou Peng amp Du (2010) report thatseveral hundred of the over 50000 firm unions had been directly elected by 2010The case of direct union elections in Omron (Shenzhen) has been documented inWen (2013) and Hui amp Chanrsquos (2014) work Yet we need more research to properlyevaluate how these elections are conducted

Although the efficacy of direct union elections has been debated (some argue thatthese elections were manipulated by employers or local officials others questionthe degree to which these will be institutionalized in todayrsquos political climate inChina and some suggest that there is rising opposition to direct elections fromboth employers and the state (Chan 2009 Howell 2008 Wen 2013) the availableevidence (Hui amp Chan 2014 Wen 2013) and more recent first hand evidence fromour research in Guangzhoursquos auto industry suggests that thus far democratic unionelections facilitates collective bargaining with real negotiation between workers andemployers including some conflictual negotiations that result in real rather thanformalistic outcomes and hence are more authentic

Movement from Quadrant 3 to 4 (ie from less authentic to more authenticbargaining at the centralized level) appears possible when employers take the firststep in coordinating through employer associations and when the local governmentdirectly intervenes to create industry wide settlements as suggested by the Wenlingmodel However given the lack of a real connection between unions at this leveland the workers they represent and the heterogeneous workplaces that makedirect election of representatives more difficult we are not convinced that such amovement is imminent In addition there are a number of implementation andenforcement failures such as in the case of the restaurant industry in Wuhan thatsuggest the difficulty of achieving meaningful collective bargaining coverage for anentire regional industry

There is some evidence of increased coordination between decentralized andcentralized levels Zhang (2014) finds evidence of links between industry wagestructures and firm level bargaining in a circumstance when lead and supplierfirms belonging to the same value chain in the local labor market are involvedThis indicates some degree of dynamism distinct from the mostly static pictureimplied by our classification This movement of informal coordination appearssimilar to those practices in the West especially in Europe although perhaps it isat a more incipient stage here As Chinese employers in a cluster or industry beginto build better institutional structures to facilitate coordination that will stimulatea similar movement amongst workers and unions and thereby promote industrywide bargaining as well as firm level bargaining

CONCLUSION

In this paper we examine the growth of strikes and collective bargaining in ChinaUsing McAdamrsquos political process model we argued that Chinese workers are

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Labor Unrest and Collective Bargaining 181

striking more and proactively after 2008 The Chinese state has encouraged thegrowth of collective bargaining although its motivations for doing so could beattributed to different interests such as providing a mechanism to resolve laborconflict or to increase wages in its effort to lsquorebalancersquo the economy a necessarycondition to avoid the middle income trap We argued further that we wouldexpect to see considerable variation in collective bargaining based on the differentialinterests of central and local states who are enjoying more autonomy than theydid in the past And our analysis of the official union (ACFTU) and the crises ofidentity and legitimacy that it faces led us to expect that collective bargaining willbe predominantly inauthentic

The evidence largely supports our expectations Chinese workers are clearlystriking more after 2008 and the numbers of strikes from two different sets of datashow steady increases Collective bargaining has also grown sharply after 2008 butthe key agent charged with the responsibility of increasing bargaining coverage (theACFTU) tends to view it generally as a bureaucratic exercise Hence our findingthat much of the incipient collective bargaining in China hews to the inauthenticside of the continuum We also find considerable variation however in collectivebargaining This variation is attributable to the willingness of the state to allowexperimentation and it would appear that different industrial relations actors ielocal labor bureaucracies local employers and local unions exercise considerablefreedom to develop particular structures

While our taxonomy presents a static picture of collective bargaining in Chinatoday we also highlight how it may change in the future under the presentinstitutional structure We have identified several conditions that are necessary forbargaining arrangements to move towards greater authenticity Specifically eventhough the Chinese state is unlikely to permit workers to affiliate with unions of theirchoice reforms within the ACFTU that move it in the direction of increasing itsrepresentative function is one avenue for change An amendment to the GuangdongProvincial Regulation on Collective Contracts for Enterprises is in our view onepathway to more authentic bargaining The regulation is detailed covering notonly the content and subject matter of collective bargaining but includes extensiveprovisions regarding various aspects of collective negotiations Most crucially theregulation specifies clearly that lsquonegotiation representatives of the employees of thefirm must either be selected by the trade union or democratically elected by thestaff and workersrsquo ndash the first time that democratic elections have been specified inany provincial legislation regarding collective bargaining

However despite the growth and variation that we see and despite the promiseimplicit in the Guangdong regulations overall our paper suggests that collectivebargaining in China is at a very incipient stage At this point in 2015 our initialanalyses would suggest that the institution of collective bargaining in China is moreeffective at increasing wages thereby meeting the statersquos interest in rebalancing theeconomy and less effective in meeting the statersquos alternative interest ie representingworkers adequately so as to reduce industrial conflict

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182 S Kuruvilla and H Zhang

Under what conditions could collective bargaining meet the statersquos alternativeinterest This requires that Chinese unions overcome their problems of identity andlegitimacy A necessary condition is that the state must be willing to provide theunions with more independence What might bring this about The state wouldbe willing to do so if the legitimacy of the CCP is under threat And that couldhappen if industrial conflict and labor exploitation continue to increase despite thenew laws and union activity

However recent decisions suggest that the state has elected to follow an alternativeapproach of improving bargaining effectiveness with more centralization ratherthan providing local union autonomy In 2014 the ACFTU introduced a newfive-year plan (2014ndash2018) to promote collective bargaining Simultaneously inorder to improve collective bargaining effectiveness the ACFTU has adoptednew guidelines to its locals These include the notion that 100 of the workerscovered under CB should be aware of the bargaining and have provided themwith relatively centralized formats that would permit aggregation of data onwages More importantly in May 2015 the central government and CCP releasedlsquoSuggestions for Establishing Harmonious Labor Relationsrsquo ndash the first time thatharmonious labor relations were promoted at the central level in a special documentThese actions suggest that the CCP has acknowledged the shortcomings of thecurrent collective bargaining system (ie poor implementation poor quality ofagreements and the ACFTUs general inability to represent workers) and thethreat of continued industrial conflict to its own legitimacy but is still leery ofproviding local unions and workers with more autonomy that might result in thesuccessful institutionalization of bargaining

How does the development of Chinese unions and collective bargaininginstitutions compare with other Asian nations We might look to both Taiwanand South Korea for parallels Japan however is less comparable because thepost-war development of both unions and collective bargaining developed intandem with democratization (Gould 1984) and was led by employers whointroduced the famous pillars of lifetime employment seniority based wages andenterprise unions in search of labor stability (Hashimoto 1991) In both Koreaand Taiwan however the export oriented industrialization regimes adopted byauthoritarian governments entailed a high degree of control of labor Ratherlike China today Taiwanrsquos policies then required the unions to be affiliated toone central federation (the Chinese Federation of Labor) which was controlled bythe Kuomintang regime (Deyo 1987) Korea adopted a similar approach with thecreation of the Federation of Korean Trade Unions created by the governmentHowever in contrast to Taiwan (where the workforce was mostly composed oflabor working in agriculture and small scale industries) Korearsquos labor movementeven under authoritarian governments developed a stronger working class identityDeyo (1987) and Chu (1998) argue due to the tradition of nationalist mobilizationagainst the Japanese occupation large sized firms involved in heavy industries andhigh industry concentration Both countries democratized in the late 1980s Given

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Labor Unrest and Collective Bargaining 183

their historical weakness the labor movement in Taiwan did not play a major rolein the democratization processes unlike the Korean labor movement which was acentral player in the process in Korea Consequently post democratization Koreanunions aggressively demonstrated their power through waves of strikes (Chu 1998)that resulted in the formal institutionalization of a new industrial relations regimealong pluralist lines Taiwanrsquos labor movement given its historical weakness did notassert themselves as strongly after democratization although a new labor relationsregime developed thereafter Thus although there was broad similarity in termsof state control of labor in Korea Taiwan and China that similarity ended in the1980s upon democratization in Korea and Taiwan The Chinese labor movementstill remains under state control and the future evolution of both labor unions andcollective bargaining is as we have argued earlier in this paper dependent on CCPrsquosstrategies

Having developed a lsquobaselinersquo taxonomy of collective bargaining how mightfuture research advance our knowledge about collective bargaining in China Mostimportantly we need research (detailed case studies) on how collective bargainingis conducted in different parts of China As Friedman and Kuruvilla (2014) haveargued there is much experimentation and decentralization and more empiricalevidence of these processes are clearly necessary in order to evaluate what worksbest in which locations and why We specifically need more case studies ofauthentic bargaining Second we need analyses of collective bargaining contracts(on both a national and regional scale) in order to determine which are the keyissues of contention between management and labor and how they are changingovertime More research on the various experiments regarding union electionsand the impact of these on bargaining processes and outcomes is a key need aswell Thus there are plenty of opportunities for cutting edge research in collectivebargaining in China and we hope that Chinese management scholars would answerthis call for research into a crucial national human resource issue

NOTES

We thank Manfred Elfstrom and Eli Friedman for comments on an earlier version of this article andthe faculty at Renmin University School of Labor and Human Resources for hosting us[1] There have been various administrative provisions for collective negotiations since 1994 but

legal backing was only granted via the Labor Contract Law beginning in January 2008[2] According to the National Bureau of Statistics (NBS) the term lsquoenterprises above designated

sizersquo points to those industrial legal person enterprises whose yearly main business incomes equalto or are more than 5 million yuan (2009)

[3] The political geography in China divides the country into three levels of bureaucracies below thenational level namely the provincial level the citycounty level and the township level (Note thata village government is not an official bureaucracy but a villagersrsquo self-management organization)However as a legacy of the Kuomintang regime most cities include and administrate severalcounties and therefore the de facto bureaucratic system in China ndash according to which bothofficial unions and governments are structured ndash actually has four levels ie the provincial levelthe city level the countydistrict level and the township level

[4] We admit the possibility that the growing trend may be partially because of a betterdocumentation system now than before

Ccopy 2016 The International Association for Chinese Management Research

184 S Kuruvilla and H Zhang

REFERENCES

Bandurski D 2008 Taxi strikes in China highlight changing press controls China Media Project[Cited 31 March 2015] Available from URL httpcmphkuhk200811121344

Blecher M 1991 Development state entrepreneurial state The political economy of socialist reformin Xinji Municipality and Guanghan County In G White (Ed) The Chinese state in theera of economic reform The road to crisis 265ndash294 Basingstoke Macmillan

Blecher M amp Shue V 1996 Tethered deer Government and economy in a Chinese countyStanford CA Stanford University Press

Brown R 2006 Chinarsquos collective contract provisions Can collective negotiations embody collectivebargaining Duke Journal of Comparative and International Law 35 35ndash77

Cai F 2007 Zhongguo jingji mianlin de zhuanzhe jiqi dui fazhan he gaige de tiaozhan (The turningpoint faced by the Chinese economy and the challenge it presents to development and reform)Zhongguo Shehui Kexue (Social Sciences in China) 2007(3) 4ndash12

Chan A 1993 Revolution or corporatism Workers and trade unions in post-Mao China TheAustralian Journal of Chinese Affairs 29 31ndash61

Chan A 2009 Challenges and possibilities for democratic grassroots union elections in China Acase study of two factory-level elections and their aftermath Labor Studies Journal 34(3)293ndash317

Chan C K C amp Hui E S I 2014 The development of collective bargaining in China Fromlsquocollective bargaining by riotrsquo to lsquoparty state-led wage bargainingrsquo The China Quarterly217(1) 221ndash242

Chan K W 2010 A China paradox Migrant labor shortage amidst rural labor supply abundanceEurasian Geography and Economics 51(4) 513ndash530

Chang K 2013 Laogong guanxi jitihua zhuanxing yu zhengfu laogong zhengce de wanshan (Thecollective transformation of industrial relations and improvement of labor policies) ZhongguoShehui Kexue (Social Sciences in China) 2013(6) 91ndash108

Chen F 2003 Between the state and labour The conflict of Chinese trade unionsrsquo double identityin market reform The China Quarterly 176 1006ndash1028

Chen F 2007 Individual rights and collective rights Laborrsquos predicament in China Communistand Post-Communist Studies 40(1) 59ndash79

Chen F 2010 Trade unions and the quadripartite interactions in strike settlement in China TheChina Quarterly 201 104ndash124

Chu Y W 1998 Labor and democratization in South Korea and Taiwan Journal ofContemporary Asia 28(2) 185ndash202

Clarke S Lee C amp Li Q 2004 Collective consultation and industrial relations in China BritishJournal of Industrial Relations 42(2) 235ndash254

Deyo F C 1987 State and labor Modes of political exclusion in the East Asian development InF C Deyo (Ed) The political economy of the new Asian industrialism Ithaca NYCornell University Press

Eastmoney 2010 Zhixuan gonghui zhihou (After the direct election of the union)[Cited 14 September 2013] Available from URL httpmoneyeastmoneycomnews158320120918251427566html

Eisenhardt K 1989 Building theories from case study research Academy of ManagementReview 14(4) 532ndash550

Elfstrom M amp Kuruvilla S 2014 The changing nature of labor unrest in China Industrial andLabor Relations Review 67(2) 453ndash480

Frenkel S amp Kuruvilla S 2002 Logics of action globalization and changing employment relationsin China India Malaysia and the Philippines Industrial and Labor Relations Review55(3) 387ndash412

Friedman E D 2014a Insurgency trap Labor politics in postsocialist China Ithaca NYCornell University Press

Friedman E D 2014b Economic development and sectoral unions in China Industrial andLabor Relations Review 67(2) 481ndash503

Friedmand E D amp Kuruvilla S 2015 Experimentation and decentralization in Chinese industrialrelations Human Relations 68(2) 181ndash195

Friedman E amp Lee C K 2010 Remaking the world of Chinese labour A 30-year retrospectiveBritish Journal of Industrial Relations 48(3) 507ndash533

Ccopy 2016 The International Association for Chinese Management Research

Labor Unrest and Collective Bargaining 185

Gallagher M E 2005 Contagious capitalism Globalization and the politics of labor inChina Princeton Princeton University Press

Gallagher M E 2010 lsquoWe are not machinesrsquo Teen spirit on Chinarsquos shopfloor China Beat [Cited31 March 2015] Available from URL httpwwwthechinabeatorgp=2538

Gallagher M E amp Dong B 2011 Legislating harmony Labor law reform in contemporaryChina In S Kuruvilla C K Lee amp M E Gallagher (Eds) From iron rice bowl toinformalization Markets workers and the state in a changing China Ch3 IthacaNY Cornell University Press

Gallagher M E 2014 Chinarsquos workers movement and the end of the rapid-growth era Daedalus143(2) 81ndash95

Gould W B 1984 Japanrsquos reshaping of American labor law Cambridge MA MIT PressHashimoto M 1991 The industrial relations system in Japan An interpretation and policy

implications Managerial and Decision Economics 12 147ndash157Howell J A 2006 Reflections on the Chinese state Development and Change 37 273ndash

297Howell J A 2008 All-China Federation of Trades Unions beyond reform The slow march of direct

elections The China Quarterly 196 845ndash863Hu Y 2011 Shenme shi jiti hetong lsquoCaihong Jihuarsquo (What is the collective contract lsquoRainbow Planrsquo)

[Cited 14 September 2013] Available from URL httpwwwhaishang-lawcomArticlezhuanyeyanjiulaodongjiufen2011046155html

Hui E S I 2011 Understanding labour activism The Honda workersrsquo strike In C Scherrer (Ed)Chinarsquos labor questions Ch3 Munchen Mering Germang Rainer Hampp

Hui E S I amp Chan C K C 2014 Beyond the union-centered approach A critical evaluation ofrecent trade union elections in China British Journal of Industrial Relations

Katz H amp Darbishire O 2002 Converging divergences Worldwide changes inemployment systems Ithaca NY Cornell University Press

Katz H C Kochan T A amp Colvin A J S 2014 Labor relations in a global world Anintroduction focused on emerging countries Ithaca NY Cornell University Press

Lee C H 2011 Between the hierarchy and market Emerging mezzo-corporatistindustrial relations in China Unpublished manuscript

Lee C K 2007 Against the law Labor protests in Chinarsquos Rustbelt and Sunbelt BerkeleyUniversity of California Press

Liu M 2010 Union organizing in China Still a monolithic labor movement Industrial andLabor Relations Review 64(1) 30ndash52

Luo S 2011 Collective contracts but no collective bargaining In C Scherrer (Ed) Chinarsquos laborquestions Ch3 Munchen Mering Germang Rainer Hampp

Luthje B 2012 Diverging trajectories Economic rebalancing and labor policiesin China East-West Center Working Paper No 23 [Cited 31 March 2015] Avail-able from URL httpwwweastwestcenterorgpublicationsdiverging-trajectories-economic-rebalancing-and-labor-policies-china

Luthje B Luo S amp Zhang H 2013 Beyond the Iron Rice Bowl Regimes of productionand industrial relations in China Frankfurt amp New York Campus

McAdam D 1999 Political process and the development of Black Insurgency 1930ndash19702nd ed Chicago and London The University of Chicago Press

McDermott E P 2010 Industrial relations in China Ball of Confusion In K Townsend ampA Wilkinson (Eds) Research handbook on work and employment relations Ch16United Kingdom Edward Elgar Publishing

Meng Q 2012 Tanpan youxi zhong de lsquoshuoherenrsquo Yi DLDA qu wei li (The lsquomediatorrsquo in thebargaining game A case of DLDA) Qinghua Shehuixue Pinglun (Tsinghua SociologicalReview) 6 206ndash222

Meng Q Lu J Lei X Wang R amp Chang C 2011 2010 Zhongguo bagongchaodiaocha yu fenxi baogao (Report on the 2010 strike wave in China) Unpublishedmanuscript

OECD 2013 Protecting jobs enhancing flexibility A new look at employment protectionlegislation In OECD Employment Outlook Ch2 [Cited 31 March 2015] Available from URLhttpdxdoiorg101787empl_outlook-2013-en

Oi J 1995 The role of the local state in Chinarsquos transitional Economy The China Quarterly 1441132ndash1149

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186 S Kuruvilla and H Zhang

Peng M amp Du Q 2010 Quanzong guli tansuo gonghui zhuxi zhixuan (The ACFTUencourages direct elections of union chairs) [Cited 14 September 2013] Available fromURL httpepaperoeeeecomAhtml2010-0911content_1175401htm

Pan P P 2009 Out of Maorsquos shadow The struggle for the soul of a new China New YorkSimon amp Schuster

Rapoza K 2011 In coastal China a labor shortage Forbes [Cited 31 March2015] Available from URL httpwwwforbescomsiteskenrapoza20111220in-coastal-china-a-labor-shortage

Silver B J amp Zhang L 2009 China as an emerging epicenter of world labor unrest In H-F Hung(Ed) China and the transformation of global capitalism Baltimore Johns HopkinsUniversity Press

Stockmann D amp Gallagher M E 2011 Remote control How the media sustain authoritarian rulein China Comparative Political Studies 44(4) 436ndash467

Taylor B Chang K amp Li Q 2003 Industrial relations in China Cheltenham Edward ElgarTaylor B amp Li Q 2007 Is the ACFTU a union and does it matter Journal of Industrial

Relations 49(5) 701ndash715Taylor B amp Li Q 2010 Chinarsquos creative approach to lsquounionrsquo organizing Labor History 51(3)

411ndash428Tarrow S 1998 Power in movement Social movements and contentious politics New

York Cambridge University PressThe China Post 2012 China eyes 13 minimum wage rise in 5 years [Cited 31 March

2015] Available from URL httpwwwchinapostcomtwbusinessasia-china20120209331042China-eyeshtm

The Economist 2012 A dangerous year Unrest in China [Cited 31 March 2015] Available fromURL httpwwweconomistcomnode21543477

Unger J 2002 The transformation of rural China Armonk NY M E SharpeUnger J amp Chan A 1995 China corporatism and the East Asian model The Australian Journal

of Chinese Affairs 1995 29ndash53Venn D 2009 Legislation collective bargaining and enforcement Updating the OECD

employment protection indicators [Cited 31 March 2015] Available from URLhttpwwwoecdorgemploymentemp43116624pdf

Wang Z 2012 More workers staying near home China Daily [Cited 31 March 2015] Available fromURL httpwwwchinadailycomcnchina2012-0428content15166329htm

Warner M amp Ng S H 1999 Collective contracts in Chinese enterprises A new brand of collectivebargaining under lsquomarket Socialismrsquo British Journal of Industrial Relations 37(2) 295ndash314

Webb S amp Webb B 1897 Industrial democracy London New York amp Bombay LongmansGreen amp Co

Wen X amp Lin K 2015 Reconstituting industrial relations The experience of Wenling Journalof Contemporary China 24(94) 665ndash683

Wen X 2013 Gonghui zhixuan Guangdong shijian de jingyan yu jiaoxun (Union directelection Lessons from Guangdong) Paper presented at the 6th Annual Congress ofChina Labor Relations Association of the China Human Resource Development AssociationGuangzhou November 2013

Weston T B 2004 The iron man weeps Joblessness and political legitimacy in the Chinese rustbelt In P H Gries amp S Rosen (Eds) State and society in 21st century China Crisiscontention and legitimation 67ndash86 New York RoutledgeCurzon

Wu Q 2012 Jiti xieshang yu guojia zhudao xiade laodong guanxi zhili (Collective negotiationand state-oriented labor relations governance) Shehuixue Yanjiu (Sociological Studies)2012(3) 66ndash89

Xie Y amp Guo Y 2011 Zhongguo shi gongzi jiti xieshang moshi tansuo Wuhan shi canyin hangyegongzi jiti xieshang diaocha (A survey of collective consultation on wages in the catering industryin Wuhan) Zhongguo Laodong Guanxi Xueyuan Xuebao (Journal of China Instituteof Industrial Relations) 25(6) 54ndash58

Xie Y Chen J Chen P amp Xiao Q 2012 Zhongguo hangye gongzi jiti xieshang xiaoguode shizheng fenxi Yi Wuhan canyin hangye weili (An empirical analysis of industrialbargaining outcomes in China An example from the Wuhan restaurant and catering industry)Jingji Shehui Tizhi Bijiao (Comparative Economic and Social Systems) 2012(5)55ndash67

Ccopy 2016 The International Association for Chinese Management Research

Labor Unrest and Collective Bargaining 187

Xu X 2005 lsquoZiran zhuangtairsquo de gongzi jiti xieshang Zhongguo nanfang mouzhen yangmaoshanhangye gongzi jiti xieshang (Collective consultation and discussion on the wages under thelsquonatural conditionrsquo) Tianjin Gonghui Guanli Ganbu Xueyuan Xuebao (Journal ofTianjin Trade Union Administratorsrsquo College) 13(3) 29ndash32

Zhang H 2014 Informality in Chinarsquos collective bargaining Unpublished Masters thesisCornell University Ithaca NY

Zhang J amp Shi Y 2012 Guanyu hangye jiti xieshang qingkuang de diaocha baogao (Survey onindustrial collective negotiation) Zhongguo Laodong Guanxi Xueyuan Xuebao (Journalof China Institute of Industrial Relations) 26(4) 51ndash57

Sarosh Kuruvilla (sck4cornelledu) is Professor of Industrial RelationsAsian Studies and Public Affairs at Cornell University and Visiting Professor atthe London School of Economics His research focuses on the linkage betweeneconomic development strategies and labor and human resources policies Hehas published numerous articles and 3 books on various aspects of labor relationsin Asia He is currently researching collective bargaining in ChinaHao Zhang (hz256cornelledu) is a PhD student at Cornell UniversityrsquosSchool of Industrial and Labor Relations His primary research focus is laborand employment relations with special attention to China And he has ongoinginterests in globalization development political economy skill formationproduction and work

Manuscript received September 18 2014Final version accepted September 28 2015 (number of revisions ndash 2)Accepted by Editor-in-Chief Arie Lewin

Ccopy 2016 The International Association for Chinese Management Research

  • INTRODUCTION
  • THEORETICAL PERSPECTIVES
    • Worker Militancy
    • State Promotion of Collective Bargaining
    • Variations in Collective Bargaining
    • The Future of Collective Bargaining
      • METHODOLOGY
      • RESULTS
        • Strikes
        • Collective Bargaining
        • Emerging Variation Varieties of Collective Bargaining in China
          • DISCUSSION
            • Moving across Quadrants The Future of Collective Bargaining and The Roles of Unions and Employers
              • CONCLUSION
              • NOTES
              • REFERENCES

Labor Unrest and Collective Bargaining 167

tolerated and in fact encouraged by the central state and as argued by Friedmanand Kuruvilla (2015) consistent with the statersquos approaches in other arenas Forinstance the state has allowed a variety of experimentations with market reform todevelop in the provinces which has resulted in experiments with decollectivizationof land (Unger 2002) If regions proved successful their models could be promotedthroughout the country We argue that the state is taking a similar approachwith regard to collective bargaining In part given the differences in employmentstructure ownership industry workforce composition across regions provincesand cities a differentiated approach is necessary However the statersquos toleranceof diversity coexists with a key requirement that independent forms of workerorganization are banned

In sum we suggest that the central and local states promote collective bargainingfor a variety of different interests and that we should expect to see a variation incollective bargaining arrangements across different provinces and regions HenceHowellrsquos conception of the Chinese state as a polymorphous one is best suited to theanalysis of its motivations for promoting collective bargaining In order to predictthe future direction of collective bargaining we then turn to an analysis of Chineseunions and employers

The Future of Collective Bargaining

As noted earlier the future of collective bargaining depends heavily on the degreeto which it is institutionalized which in turn depends on the ability and willingnessof employers and trade unions to adopt the process At the moment we arguethat it is at an incipient stage The state has established the basic framework via itsTripartite Conference on the Coordination of Labor Relations (xietiao laodong guanxi

sanfang huiyi) involving the labor ministry the ACFTU and the China EnterpriseConfederation-China Enterprise Directorsrsquo Association (CEC-CEDA) ndash a semi-official employer association in China in 2001 (Brown 2006) The tripartite systemwas strengthened in February 2005 when the lsquoCircular on Further Advancingthe Collective Wage Negotiationrsquo was published by the three parties requiring allbranches of the three parties at different levels to collaboratively work together toincrease collective bargaining The statersquos lsquolegislative onslaughtrsquo in 20078 for thefirst time created a legal basis for collective bargaining And finally the state hasinstructed the ACFTU to organize workplaces and establish collective bargainingin all workplaces articulated now through the lsquorainbowrsquo plan

Since the primary engine for collective bargaining growth apparently rests onthe ACFTU it is useful to theoretically examine its evolution The key questionhere is whether the ACFTU can effectively represent Chinese workers in collectivenegotiations There are two primary lines of debate and argument with regardto the role of the ACFTU The first concerns the ACFTUrsquos identity whether it isfunctioning in largely path dependent ways and has not yet made the transition toa new role in a market based society The second is that the ACFTU suffers from

Ccopy 2016 The International Association for Chinese Management Research

168 S Kuruvilla and H Zhang

a crisis of legitimacy in that most workers do not trust the union or see it as effectiveWe discuss each in turn below

With regard to whether the role of the ACFTU has transformed Chen hasargued that the ACFTU remains stuck to its lsquodouble institutionalrsquo identity as bothan apparatus of the state (acting on behalf of the nationrsquos collective good) and asa labor organization to protect workersrsquo interests (Chen 2003) In the old systemChen argues that the ACFTU did not quite experience tensions between its tworoles largely because its representation function was lsquoactually absorbed by thestatersquo given that its paternalistic labor regime under the lsquoiron rice bowlrsquo system ofemployment guaranteed workers economic interests such as work pay health careand social security But under a market based system it is increasingly experiencingthese tensions especially as industrial disputes and worker militancy increase

Yet the extent to which the ACFTU has evolved in a more representativedirection remains contested Chan (Chan 1993 Unger amp Chan 1995) argues thatthe ACFTU played an effective corporatist role in the socialist period but is likelyto continue this in the market era because the statersquos needs to effectively bridge thegap between the grassroots and the state in the market economy has created spacefor the ACFTU among other such organizations to incorporate worker voice intothe bureaucratic system of the state Chan (1993) predicted that the ACFTU wouldtransform from its state corporatist role to that of a more societal corporatist rolethat features lsquoa coalescing of horizontal interests from the bottom upwardrsquo

However Friedman (2014a) does not see a promising corporatist future for theACFTU for three reasons First corporatism requires that workersrsquo voices aresuccessfully incorporated into the system while the ACFTU does not incorporateworkers voices Second corporatism requires that workers give up political demandsin exchange for economic benefits and therefore implies a relatively de-commodifiedmodel of social governance whereas in China workers clearly do not enjoysufficiently such benefits Third however co-opted a union under corporatismis it is a somewhat independent intermediary organization between the grassrootsand the state while the ACFTU is clearly part of the state apparatus with no suchindependence

That being said clearly there is some transition to a more representative roleof the ACFTU Chen (2003) documents the increasing ways in which unions aretaking up their representative function with regard to individual if not collectivedisputes The ACFTU has carried out reforms and lsquoexperimentsrsquo at both centraland local levels In the arena of organizing unions at all levels have developedvarious models (ie the traditional ACFTU pattern the union association patterand the regional industry-based pattern) to strategically organize workers (Liu2010) Nevertheless the unionsrsquo ability to effectively represent workers is limitedon the one hand by their subjective position with regard to the employer and onthe other because union leadership cadres see union organizing as a bureaucraticexercise to meet the targets suggested by the state rather than a strategic one (Liu2010 Taylor amp Li 2010)

Ccopy 2016 The International Association for Chinese Management Research

Labor Unrest and Collective Bargaining 169

Chen (2003) suggests that there is a natural limit to the ACFTUrsquos ability tobe an independent representative agent ie the state will not loosen its controlover the unions because of lsquosolidarity phobiarsquo (eg the Polish experience) wherebymore independent unionism is seen as subversive and threatening to the regimeas well as being threatening to the role of the state as a lsquodevelopmentalrsquo stateTherefore we expect that the state will continue protecting the ACFTU monopolyon worker representation ndash a condition that Friedman (2014a) called lsquoappropriatedrepresentationrsquo whereby the ACFTU may be able to promote collective bargainingusing its unique political position at the national level whereas workplace unionswill remain weak and illegitimate

The crisis of legitimacy of the ACFTU has been well documented by severalauthors (Howell 2008 Taylor amp Li 2007) The key argument here is that Chineseworkers do not trust the ACFTU to adequately represent them and in fact inmany workplaces where the ACFTU is present the workers do not even know thatthey have representation The ACFTU is seen as largely apathetic willing to allowmanagement to exercise control (this explains the phenomena of lsquodual postingrsquowhere the companyrsquos human resource manager is allowed by the ACFTU officialsto act as lsquounion leaderrsquo) Friedman (2014a) suggests that official unions have beenunable to win recognition from workers and therefore wildcat strikes and otherforms of representation continue to be the most effective means of addressingworker grievances There have been recent experiments regarding direct unionelections which would arguably lead to more representative unions and hencemore legitimate ones but there is a lack of sufficient worker involvement in theseexperiments (Chan 2009 Howell 2008) with a notable exception of electionsinitiated by workers via spontaneous strikes (Hui amp Chan 2014)

Given that unions have an identity crisis as well as a crisis of legitimacy the keyhypotheses that we can advance is that unions will be unable to effectively representworkers in collective bargaining and are more likely to see collective bargaining asa bureaucratic exercise just as they view union organizing Collective agreementsthen are more likely to be formalistic exercises that primarily re-state the basicconditions under the laws and less likely to advance workersrsquo interests

Like the ACFTU the two national employer associations ndash the CEC-CEDAand the All China Federation of Industry and Commerce (ACFIC) ndash participatein the tripartite framework to promote collective bargaining but both are alsosubordinated to the CCP Our current ongoing research suggests that theseemployer associations are half-hearted partners in promoting collective bargainingLocal employer associations although theoretically have to be affiliated with thetwo big national associations often enjoy more autonomy from the state as well astheir upper levels in decision making than their equivalents on the union side do(Friedman 2014b) This allows them to ignore collective bargaining or when it suitstheir interests to encourage and promote it Given tight labor market conditionsit often suits local employers to engage in some form of regional or industry-wide coordination on wages and working conditions In such cases local employer

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170 S Kuruvilla and H Zhang

associations serve as mechanisms of employersrsquo collective voice while lead firmsare indeed key players But apart from these industry-wide bargaining scenariosemployers tend to shy away from collective bargaining at the firm level except afterstrikes

Given the unionrsquos identity and legitimacy crises and the employersrsquo relative lackof interest in promoting collective bargaining at the firm level we have no basis toexpect that the institution of collective bargaining will fulfill the statersquos objectives inintroducing it as a means of containing labor conflict In what follows we discussour methodology and in our results section we attempt to categorize the variationthat we see in collective bargaining (based on very limited research) in China

METHODOLOGY

In the absence of official data we rely on alternative estimates of strikes of whichtwo sources are available The first is a website run by the China Labour Bulletina Hong Kong based NGO that collects information on worker protests and strikeslargely from news reports in Chinese newspapers but also from dissident blog sitesand through the organizationrsquos radio call in show The second is a website calledChina Strikes (Elfstrom amp Kuruvilla 2014) which also uses newspaper reportsbut also individual lsquotip-offsrsquo through their website While China Strikes has focusedon the period of 2008ndash2012 the China Labour Bulletin reports strikes from 2011onwards For the overlapping years ie 2011ndash2012 both websites have identifiedsimilar numbers of strikes However both sources of data have shortcomings Firstit is possible that both websites under-report the actual number of incidences ofworker protests and strikes since there are many incidences that do not find theirway into newspapers for a variety of reasons Second it is possible that only biggerstrikes that disrupt life outside the factory gates (such as taxi strikes) get reportedin the press And finally the criticism that these two websites may be measuringnews stories rather than real strikes is also not entirely without substance Howeverin the absence of official statistics these are the only sources of data even if theyunderstate by a significant margin the real numbers

With regard to collective bargaining our goal is to use the limited research alreadypublished and our own observations (we are currently engaged in a research projecton collective bargaining that is not yet complete) to create a taxonomy of collectivebargaining in China Given that collective bargaining is a relatively new institutionbut one that is expected to grow in the coming years establishing a taxonomy todaywill be useful as a baseline against which future studies can make comparisonsOur taxonomy uses two concepts to classify current collective bargaining Theseare the degree of centralization (or decentralization) and the degree of authenticityof collective bargaining

Whether bargaining is centralized or decentralized depends on the bargainingstructure ie the level at which bargaining takes place and the employees andemployers it covers (Katz Kochan amp Colvin 2014) In Western European

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Labor Unrest and Collective Bargaining 171

countries a centralized (or multi-employer) bargaining structure is instituted atlevels beyond individual firms usually at the industry or national level wherenegotiations are carried out by national or industrial level organizations of unionsand employers National level agreements are common in Austria and Swedenwhereas industry level agreements are common in Germany Netherlands andBelgium Decentralized bargaining (where agreements are negotiated by companylevel unions and their employers are more common in the US and JapanIn China the labor contract law permits both centralized and decentralizedbargaining although the centralized bargaining it envisages is actually at a moredecentralized level than in other countries Specifically the law limits regionalor industry level collective contracts in construction mining restaurant andother industries to areas below the county level[3] The statersquos rationale for thislimitation is twofold ie the need to resolve issues of employment instability laborshortages strikes high turnover low social security coverage at the county levelwhile at the same time providing an institutional structure to extend collectivebargaining coverage to workers in these difficult to organize industries ndash mostlysmall short-lived and non-unionized businesses In practice local unions oftenare reluctant to establish collective bargaining at above-county levels and regionalauthorities do not encourage this either while the state actively discourages industrywide bargaining structures above the country level Thus we will expect to seemore collective bargaining agreements at the firm level rather than industrylevel

Collective bargaining can also vary based on the degree to which bargaining isauthentic As we have noted earlier there is a clear tendency towards what are calledlsquotemplate agreementsrsquo where management and union sign a formalistic agreementthat simply re-states the minimum conditions of the law and where workers are noteven aware of these agreements These would be inauthentic agreements We definea collective bargaining agreement as authentic if it meets the following conditionswhether unions and employers actually engage in a process of negotiations whetherworkers have input into crafting the demands that the union negotiates on theirbehalf whether those negotiations result in concrete outcomes and whether theprocess is repeated more than once (a sign of institutionalization) As we will showthe majority of collective bargaining agreements tend to be inauthentic Authenticagreements are relatively few and typically they occur after a strike since the strikeby workers needs to be settled and it can only be settled by negotiations

Based on our theoretical discussion with regard to strikes we would expect tosee steadily increasing numbers of strikes offensive in nature all across the countryalong with steadily increasing conflict rates Based on our analysis of the centraland local statesrsquo multiple interests we would expect to see steady growth in thenumber of collective bargaining agreements since 2008 and significant variationFinally based on our analysis of the ACFTU and employersrsquo associations we wouldexpect to see many inauthentic agreements and a preponderance of firm levelbargaining

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172 S Kuruvilla and H Zhang

Table 1 Strikes in China 2008ndashAugust 2014

Year

Number of

strikes

Average number of

strikes per month

2008 47 42009 32 32010 88 72011 233 192012 393 332013 656 552014 (till August) 644 81

(Source The 2008ndash2012 data about China are fromChina Strikes website available from URL httpschinastrikescrowdmapcom The 2013 data aboutChina are from China Labor Bulletin available fromURL httpwwwnumblecomPHPmysqlclbmapehtml)

6 916

0

20

40

60

80

100

120

140

Jan-

08

Jun-

08

Nov

-08

26

Apr-

09

Sep-

09

Feb-

10

Jul-1

0

17

31 3541

Dec-

10

May

-11

Oct

-11

Mar

-12

49

7265

78

64

119

Aug-

12

Jan-

13

Jun-

13

Nov

-13

105

-

Chin

Chin

a Strikes

a Labor Bullen

Figure 2 Monthly strikes in China 2008ndash2014 (Source China Labor Bulletin available fromURL httpwwwnumblecomPHPmysqlclbmapehtml and China Strikes available from URLhttpschinastrikescrowdmapcom)

RESULTS

Strikes

China Strikes reports a total of 793 strikes during the 2008ndash2012 period whilethe China Labour Bulletin indicates a total of 1867 strikes between Jan 2011 andAugust 2014 Table 1 shows counts of strikes after integrating estimates from bothwebsites What is notable is that the average frequency of strikes per month hasbeen increasing steadily Figure 2 graphs this trend[4] Chinese workers appear tobe striking more and longer indicative of their bargaining power

If one assumes as we argued that the Chinese data represents a massiveundercount of reality then clearly China is the lsquostrike capitalrsquo of the world withmore strikes per year than most other countries An alternative way of examiningwhether there is conflict in the system is to look at the number of labor disputes in

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Labor Unrest and Collective Bargaining 173

Table 2 Labor disputes in China (2000ndash2012 every alternative year)

2000 2002 2004 2006 2008 2010 2012

Annual Average

Growth Rate

Number of casesaccepted

135206 184116 260471 317162 693465 600865 641202 1385

Number ofworkersinvolved

422617 608396 764981 679312 1214328 815121 882487 633

Number ofcollective labordisputes

8247 11024 19241 13977 21880 9314 7252 minus 107

Number ofworkersinvolved incollective labordisputes

259445 374956 477992 348714 502713 211755 231894 minus 093

Number of casessettled

130688 178744 258678 310780 622719 634041 643292 1420

Number of casessettled bymediation

41877 50925 83400 104435 221284 250131 302552 1791

Number of casessettled byarbitrationlawsuit

54142 77340 110708 141465 274543 266506 268530 1428

Cases mediatedbefore accepted

77342 70840 130321 237283 163997 212937 1066

(Source China Labor Statistical Yearbook 2013)

China As the data in Table 2 suggests the number of labor disputes in China hasalso increased over the last few years

In sum and despite problems with the available data our research suggeststhat Chinese workers are increasingly militant and that the number of strikes inChina seems to be steadily increasing as are other indicators of industrial conflictconsistent with our expectations

Collective Bargaining

The published data show considerable growth in collective bargaining in Chinafrom 2006 onward As is apparent from Table 3 the annual growth rates in thenumber of collective contracts are high nearly 20 per year The number ofenterprises being covered by the contracts has been growing by almost 100 peryear indicating a great expansion of multi-employer ndash industrial and regionalndash contracts as well Clearly therefore the statersquos encouragement of collectivebargaining has been successful in quantitative terms Yet the growth in collectivebargaining does not show an appreciable decline in industrial conflict measuredby strikes or data on industrial disputes At a preliminary level this suggests thatthe statersquos encouragement of collective bargaining as a method of reducing conflict

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174 S Kuruvilla and H Zhang

Table 3 Growth of collective bargaining in China 2005ndash2010

2005 2006 2007 2008 2009 2010

Average Annual

Growth Rate

Number ofcollectivebargainingcontracts onwages

251794 304978 343329 410606 512151 608483 1930

Number ofenterprisescovered

41306 525964 622063 774501 901665 1115874 9334

Staff andworkerscovered bycollectivebargaining

35312320 37145872 39685737 51101198 61776321 75657331 1646

(Source China Trade Union Yearbooks 2006ndash2011)

Table 4 Wage growth in China (2000ndash2013)

Year

Average Yearly

Nominal

Wages (yuan) Growth of Nominal Wages Growth of Real Wages

2000 9333 122 1132001 10834 161 1532002 12373 142 1542003 13969 129 1192004 15920 140 1032005 18200 143 1252006 20856 146 1292007 24721 185 1342008 28898 169 1072009 32244 116 1262010 36539 133 982011 41799 144 862012 46769 119 902013 51483 101 73

(Source China Statistical Yearbook 2014)

and strikes is not successful or to be conservative not successful yet At the sametime data on wages show steady growth (see Table 4) We can draw two differentconclusions from this limited data One is that the key interest of the state wasnot to reduce conflict via the introduction of collective bargaining but to increaseand stabilize wages If this conception of the statersquos interest is correct then itprovides support for the argument that the state is acting in lsquodevelopmentalrsquo waysin encouraging collective bargaining as an instrument to rebalance the economy Analternative explanation is that the state does want to introduce collective bargainingin order to reduce conflict (as has been done in most parts of the world) but thequality of collective bargaining is not very good and hence does not meet that goal

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Labor Unrest and Collective Bargaining 175

FormalisticIneffective AuthenticEffective

Centralization

Decentralization

- Industry-wide Agreements that are ineffective egWuhan Restaurants

- Well established industry wide agreements eg The Wenling Model

- Template Bargaining

- Strike-triggered Bargaining

- State-intervened Bargaining

- Informal Bargaining

- Informal Coordination

- Democratic Grassroots Union Election

- Employer Coordination and state Intervention

Q3 Q4 Q1 Q2

Figure 3 A taxonomy of varieties of collective bargaining in China

If this is true then the policy prescriptions are clearer Below we look more closelyat the nature of collective bargaining

Emerging Variation Varieties of Collective Bargaining in China

Based on the limited available research we classify collective bargaining agreementsbased on how centralized or decentralized and how authentic or inauthentic theyare Recall our key caveat that there is relatively little published research andhence our taxonomy below (see Figure 3) is not based on a representative sampleas it should be However we want to highlight that this is by no means a staticclassification because we also see dynamism where there is movement from onequadrant to another At best this taxonomy should be seen as an initial estimateor baseline against which future research can examine progress over the comingdecade

Quadrant 1 Decentralized inauthentic collective bargaining Perhaps the most commonform of collective bargaining is what we term lsquotemplate bargainingrsquo and what other

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176 S Kuruvilla and H Zhang

researchers have described as lsquocollective contracts without collective bargainingrsquoor lsquopaper contractsrsquo (Chen 2007 Clarke et al 2004 Luo 2011) Typically thelocal government ndash often the labor administration and official union ndash develops atemplate for a collective contract that employers and the local branch of the unionshould sign (jiti hetong fanben) In some cases the template agreement contains blankspaces for wage increases which enterprises can customize to suit their needsUsually a template agreement leaves little room for the parties to bargain overinterest-based issues (Chen 2007) This is the model of collective bargaining mostcommonly followed by the ACFTU which provides its unions with these templateagreements for various regions that employers are requested to sign and whichre-state minimum legal conditions Often employers prepare the contracts andunions simply sign them without engaging in any negotiation (Clarke et al 2004Luo 2011 Taylor Chang amp Li 2003 Wu 2012)

The ACFTU which is targeted with increasing the coverage of collectivebargaining within the country appears more interested in the quantity ofagreements signed (to meet its targets) with relatively little focus on the quality (Wu2012) Some of these template agreements are not even enforced due to weaknessesin the labor inspection regime (Wu 2012) or because the local enterprise unionsalso exist primarily lsquoon paperrsquo having been set up by the ACFTU in collaborationwith the employer often without the workersrsquo knowledge (Liu 2010) Thus thougha large majority of Chinese collective bargaining agreements hew to this type wesee them as being largely inauthentic and the most decentralized given that theyare signed at the enterprise level These have been well documented in existingstudies (Clarke et al 2004 Luo 2011 Taylor et al 2003 Warner amp Ng 1999) sowe shall not expand on them here

Quadrant 2 Decentralized authentic collective bargaining A small but growing number ofcollective bargaining agreements at the firm level can be termed more authenticalthough there is some variation to the extent that they truly encapsulate genuinebargaining There are three different ways in which this type of collective bargainingis happening One and perhaps the most authentic form of collective bargainingis the negotiations that take place after a strike as Elfstrom amp Kuruvilla (2014)suggest The best known case of strike-triggered bargaining is the Honda NanhaiTransmission plantrsquos strike in 2010 that resulted in substantial wage increases forworkers and later also triggered a strike wave in the local and national auto industryleading to substantial wage negotiation in many of those cases as well (Hui 2011)Since a strike when it occurs is frequently settled by negotiations these days (Chang2013) the steady growth in the number of strikes implies growth in more authenticcollective bargaining There is increasing research that suggest that strikes beforeand during the 2010 strike wave were settled via negotiations between provisionallyelected workersrsquo representatives and employers (Chen 2010 Meng 2012 MengLu Lei Wang amp Chang 2011) Some of these strike-based settlements have beenoften facilitated by the mediation of local governments and official unions and

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Labor Unrest and Collective Bargaining 177

the state in various places has appeared to prefer using this approach rather thansuppressing striking workers (Chang 2013 Gallagher 2014) Chen (2010) refersto these dispute and strike settlement mechanisms as quadripartite bargaininginvolving four actors (the state the ACFTU the employers and the workers)Strikes and post-strike settlements are an important route by which collectivebargaining is becoming institutionalized suggests Meng (2012) in his research onDalian

The second way that authentic bargaining may occur without collective actionby workers is through the direct intervention by the local government Chan andHuirsquos (2014) research on Hondarsquos (Guangzhou) 2011 bargaining round suggeststhat although a union in which workers elected their representatives and collectivebargaining were institutionalized in the firm after the 2010 strike the localgovernment directly intervened in the negotiations during the 2011 bargaininground and encouraged the parties to come to agreement Arguably the localgovernment was interested in avoiding a potential strike We refer to this as authenticbecause it is occurring in a situation where workers choose their own representativesand the local government apparently takes the process seriously However this is amore isolated case

Although much of the prior literature has focused on formal bargaining structuresto make the claim that much of Chinese collective bargaining is inauthentic Zhang(2014) makes a compelling case that we should examine informal processes whichare perhaps just as important as formal structures and constitute the third wayin which bargaining is effective He finds in his study of the auto industry inTianjin that while formal bargaining looks just as formalistic as many other casesmuch of the real negotiation takes place at both enterprise and industry levelsthrough informal processes of coordination and negotiations that have resultedin meaningful outcomes Although there have not been strikes or governmentintervention in the auto-industry bargaining cases in Tianjin that Zhang examineshis research points to the active role of the firm union in ensuring substantialnegotiation Thus there are many different ways in which authentic bargaining iscarried out

Quadrant 3 Centralized and inauthentic collective bargaining A major strategy of theACFTUrsquos Rainbow Plan can be found in its effort to carry out regional and industry-level bargaining seen as necessary to bring employees of small and medium sizedfirms under collective bargaining coverage (Wu 2012) And as noted the ACFTUrsquosefforts are complemented by the state apparatus where key state departmentsoften take the lead in mobilizing employers For instance in the second authorrsquosongoing research he finds that in the case of hospitals in Tianjin the districtunion successfully mobilized the employers by leveraging the district Bureau ofPublic Health (BOPH) ndash a state institution in charge of examining approving andsupervising all local public health affairs ndash to create an industry wide collectivebargaining agreement However it was not clear that workers were aware of the

Ccopy 2016 The International Association for Chinese Management Research

178 S Kuruvilla and H Zhang

agreement nor was it clear that the agreement was enforced Similar efforts arealso identified in Tianjinrsquos construction industry as well as in other regions in Wursquos(2012) research

While we need more cases to draw firmer conclusions thus far what is clear isthat many of these industry-wide agreements are either formalistic or have shownthemselves to be ineffective and not institutionalized Similar to that of decentralizedand formalistic bargaining the reasons for ineffectiveness at this level include theunionrsquos focus on formalistic terms the absence of strict enforcement and oftenworker ignorance of the terms of the agreement or that they were represented bya union (a frequent issue when union representatives are not directly elected) (Wu2012) A classic example here is Friedmanrsquos (2014b) study of sectoral bargainingin Ruirsquoan eyeglass cluster in Zhejiang Province where workers interviewed indeedknew nothing about the industry level contract that covered them Probably thebest-known case of failure of enforcement of collective bargaining can be foundin Wuhan where the local government in a top-down process initiated sectoralnegotiations in 2011 in the restaurant industry Although the sectoral contract hasset wage terms for over 450000 workers from 40000 different establishments in2011 (Xie amp Guo 2011) and has been renegotiated successfully over the last threeyears which has been well covered by mass media recent research (Xie ChenChen amp Xiao 2012) shows that only 569 of employees surveyed were receivingthe wages stipulated in the contract

Despite these issues the ACFTU continues to focus on building collectivebargaining institutions at the industry and regional levels In Guangzhou forinstance the official union has organized the construction industry although nocollective bargaining has been successfully achieved (Friedman 2014b) In additionunion organizing by region has also been identified in areas with clusters of smallbusinesses such as community unions village union associations market unionsoffice building unions and union associations by ownership in development zones(Liu 2010) But we are skeptical of the prospects for institutionalization of collectivebargaining at the regional level given the heterogeneity in industries and firms ina region and given that often workers are not aware of the agreement nor do theyelect their representatives

Quadrant 4 Centralized authentic collective bargaining There are a few instances ofcentralized sectoral bargaining that qualify as authentic Unlike the previousexamples where it was either the local government or the ACFTU that was theprimary engine behind the development of collective bargaining in the case ofWenling the employers were the ones who initiated the project Wenling a town inZhejiang Province contains a knitwear cluster with more than 130 firms employingabout 12000 workers in 2002 In this case employers began spontaneous wagecoordination in an effort to deal with the rising turnover as a result of whatwas an acute labor shortage (Xu 2005) They formed an employer association in2000 and institutionalized wage coordination amongst themselves although not all

Ccopy 2016 The International Association for Chinese Management Research

Labor Unrest and Collective Bargaining 179

employers came on board By 2003 the local government stepped in establishingan industrial union which ultimately signed an industry-wide agreement with theemployer association (Wen amp Lin 2015) That contract has been renegotiated everyyear since and is stable although it overwhelmingly focuses on the piece-rates andnot other working conditions Moreover it is a clear case of relatively authenticcollective bargaining arrangement in terms of how well the contract is enforcedThe second author interviewed workers in the industry in 2013 and found that thepiece-rates that were used to pay them was higher than or equal to those stipulatedin the contract

The Wenling model is being increasingly diffused to other areas In all 15industries ndash including the pump sector in a town named Zeguo (Liu 2010) ndashhave carried out similar bargaining by 2012 covering roughly 6100 enterprisesand 400000 workers (Zhang amp Shi 2012) There are reports of cases developingin other textile and garment (Luthje Luo amp Zhang 2013 269) as well as othermanufacturing clusters (Lee 2011) The commonalities across these lsquosuccessfulcasesrsquo is that they are negotiating about the piece-rate at the industry level andwage coordination was welcomed by small and medium-sized firms in order toreduce turnover in a labor shortage situation Therefore success seems to be in partdetermined by employer interest and readiness for collective bargaining as well

DISCUSSION

Moving across Quadrants The Future of Collective Bargaining andThe Roles of Unions and Employers

While the above taxonomy presents a static picture of the varieties of collectivebargaining in China it is important to incorporate a dynamic element specificallywhat makes it possible to move from inauthentic to more authentic collectivebargaining and how might decentralized bargaining connect with more centralizedstructures to create more worker solidarity

How might we expect movement from inauthentic to more authentic bargainingat the firm level (ie from Quadrant 1 to Quadrant 2) Certainly as discussedearlier strikes could trigger such a movement But there are other ways as wellOne strategy recently adopted in Guangzhou and Shenzhen is the grassroots unionelection (namely direct election for grassroots trade union cadres [gonghui zhixuan])When workers are able to elect their own representatives rather than having unionleaders decided by the regional official union or the enterprise it builds the localunionsrsquo autonomy and independence and is one necessary step for the growth ofauthentic bargaining This focus on direct election is growing For instance theShenzhen Federation of Trade Unions announced in 2012 that 163 enterpriseswith more than 1000 employees would all adopt direct election (Eastmoney 2012)The second authorrsquos interview with a key informant involved in Shenzhenrsquos unionelection revealed that approximately 1000 out of the 30000 enterprise unions

Ccopy 2016 The International Association for Chinese Management Research

180 S Kuruvilla and H Zhang

in Shenzhen had lsquocarried out or reached the level of direct union election (dadao

zhixuan shuiping)rsquo by August 2011 In Guangzhou Peng amp Du (2010) report thatseveral hundred of the over 50000 firm unions had been directly elected by 2010The case of direct union elections in Omron (Shenzhen) has been documented inWen (2013) and Hui amp Chanrsquos (2014) work Yet we need more research to properlyevaluate how these elections are conducted

Although the efficacy of direct union elections has been debated (some argue thatthese elections were manipulated by employers or local officials others questionthe degree to which these will be institutionalized in todayrsquos political climate inChina and some suggest that there is rising opposition to direct elections fromboth employers and the state (Chan 2009 Howell 2008 Wen 2013) the availableevidence (Hui amp Chan 2014 Wen 2013) and more recent first hand evidence fromour research in Guangzhoursquos auto industry suggests that thus far democratic unionelections facilitates collective bargaining with real negotiation between workers andemployers including some conflictual negotiations that result in real rather thanformalistic outcomes and hence are more authentic

Movement from Quadrant 3 to 4 (ie from less authentic to more authenticbargaining at the centralized level) appears possible when employers take the firststep in coordinating through employer associations and when the local governmentdirectly intervenes to create industry wide settlements as suggested by the Wenlingmodel However given the lack of a real connection between unions at this leveland the workers they represent and the heterogeneous workplaces that makedirect election of representatives more difficult we are not convinced that such amovement is imminent In addition there are a number of implementation andenforcement failures such as in the case of the restaurant industry in Wuhan thatsuggest the difficulty of achieving meaningful collective bargaining coverage for anentire regional industry

There is some evidence of increased coordination between decentralized andcentralized levels Zhang (2014) finds evidence of links between industry wagestructures and firm level bargaining in a circumstance when lead and supplierfirms belonging to the same value chain in the local labor market are involvedThis indicates some degree of dynamism distinct from the mostly static pictureimplied by our classification This movement of informal coordination appearssimilar to those practices in the West especially in Europe although perhaps it isat a more incipient stage here As Chinese employers in a cluster or industry beginto build better institutional structures to facilitate coordination that will stimulatea similar movement amongst workers and unions and thereby promote industrywide bargaining as well as firm level bargaining

CONCLUSION

In this paper we examine the growth of strikes and collective bargaining in ChinaUsing McAdamrsquos political process model we argued that Chinese workers are

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Labor Unrest and Collective Bargaining 181

striking more and proactively after 2008 The Chinese state has encouraged thegrowth of collective bargaining although its motivations for doing so could beattributed to different interests such as providing a mechanism to resolve laborconflict or to increase wages in its effort to lsquorebalancersquo the economy a necessarycondition to avoid the middle income trap We argued further that we wouldexpect to see considerable variation in collective bargaining based on the differentialinterests of central and local states who are enjoying more autonomy than theydid in the past And our analysis of the official union (ACFTU) and the crises ofidentity and legitimacy that it faces led us to expect that collective bargaining willbe predominantly inauthentic

The evidence largely supports our expectations Chinese workers are clearlystriking more after 2008 and the numbers of strikes from two different sets of datashow steady increases Collective bargaining has also grown sharply after 2008 butthe key agent charged with the responsibility of increasing bargaining coverage (theACFTU) tends to view it generally as a bureaucratic exercise Hence our findingthat much of the incipient collective bargaining in China hews to the inauthenticside of the continuum We also find considerable variation however in collectivebargaining This variation is attributable to the willingness of the state to allowexperimentation and it would appear that different industrial relations actors ielocal labor bureaucracies local employers and local unions exercise considerablefreedom to develop particular structures

While our taxonomy presents a static picture of collective bargaining in Chinatoday we also highlight how it may change in the future under the presentinstitutional structure We have identified several conditions that are necessary forbargaining arrangements to move towards greater authenticity Specifically eventhough the Chinese state is unlikely to permit workers to affiliate with unions of theirchoice reforms within the ACFTU that move it in the direction of increasing itsrepresentative function is one avenue for change An amendment to the GuangdongProvincial Regulation on Collective Contracts for Enterprises is in our view onepathway to more authentic bargaining The regulation is detailed covering notonly the content and subject matter of collective bargaining but includes extensiveprovisions regarding various aspects of collective negotiations Most crucially theregulation specifies clearly that lsquonegotiation representatives of the employees of thefirm must either be selected by the trade union or democratically elected by thestaff and workersrsquo ndash the first time that democratic elections have been specified inany provincial legislation regarding collective bargaining

However despite the growth and variation that we see and despite the promiseimplicit in the Guangdong regulations overall our paper suggests that collectivebargaining in China is at a very incipient stage At this point in 2015 our initialanalyses would suggest that the institution of collective bargaining in China is moreeffective at increasing wages thereby meeting the statersquos interest in rebalancing theeconomy and less effective in meeting the statersquos alternative interest ie representingworkers adequately so as to reduce industrial conflict

Ccopy 2016 The International Association for Chinese Management Research

182 S Kuruvilla and H Zhang

Under what conditions could collective bargaining meet the statersquos alternativeinterest This requires that Chinese unions overcome their problems of identity andlegitimacy A necessary condition is that the state must be willing to provide theunions with more independence What might bring this about The state wouldbe willing to do so if the legitimacy of the CCP is under threat And that couldhappen if industrial conflict and labor exploitation continue to increase despite thenew laws and union activity

However recent decisions suggest that the state has elected to follow an alternativeapproach of improving bargaining effectiveness with more centralization ratherthan providing local union autonomy In 2014 the ACFTU introduced a newfive-year plan (2014ndash2018) to promote collective bargaining Simultaneously inorder to improve collective bargaining effectiveness the ACFTU has adoptednew guidelines to its locals These include the notion that 100 of the workerscovered under CB should be aware of the bargaining and have provided themwith relatively centralized formats that would permit aggregation of data onwages More importantly in May 2015 the central government and CCP releasedlsquoSuggestions for Establishing Harmonious Labor Relationsrsquo ndash the first time thatharmonious labor relations were promoted at the central level in a special documentThese actions suggest that the CCP has acknowledged the shortcomings of thecurrent collective bargaining system (ie poor implementation poor quality ofagreements and the ACFTUs general inability to represent workers) and thethreat of continued industrial conflict to its own legitimacy but is still leery ofproviding local unions and workers with more autonomy that might result in thesuccessful institutionalization of bargaining

How does the development of Chinese unions and collective bargaininginstitutions compare with other Asian nations We might look to both Taiwanand South Korea for parallels Japan however is less comparable because thepost-war development of both unions and collective bargaining developed intandem with democratization (Gould 1984) and was led by employers whointroduced the famous pillars of lifetime employment seniority based wages andenterprise unions in search of labor stability (Hashimoto 1991) In both Koreaand Taiwan however the export oriented industrialization regimes adopted byauthoritarian governments entailed a high degree of control of labor Ratherlike China today Taiwanrsquos policies then required the unions to be affiliated toone central federation (the Chinese Federation of Labor) which was controlled bythe Kuomintang regime (Deyo 1987) Korea adopted a similar approach with thecreation of the Federation of Korean Trade Unions created by the governmentHowever in contrast to Taiwan (where the workforce was mostly composed oflabor working in agriculture and small scale industries) Korearsquos labor movementeven under authoritarian governments developed a stronger working class identityDeyo (1987) and Chu (1998) argue due to the tradition of nationalist mobilizationagainst the Japanese occupation large sized firms involved in heavy industries andhigh industry concentration Both countries democratized in the late 1980s Given

Ccopy 2016 The International Association for Chinese Management Research

Labor Unrest and Collective Bargaining 183

their historical weakness the labor movement in Taiwan did not play a major rolein the democratization processes unlike the Korean labor movement which was acentral player in the process in Korea Consequently post democratization Koreanunions aggressively demonstrated their power through waves of strikes (Chu 1998)that resulted in the formal institutionalization of a new industrial relations regimealong pluralist lines Taiwanrsquos labor movement given its historical weakness did notassert themselves as strongly after democratization although a new labor relationsregime developed thereafter Thus although there was broad similarity in termsof state control of labor in Korea Taiwan and China that similarity ended in the1980s upon democratization in Korea and Taiwan The Chinese labor movementstill remains under state control and the future evolution of both labor unions andcollective bargaining is as we have argued earlier in this paper dependent on CCPrsquosstrategies

Having developed a lsquobaselinersquo taxonomy of collective bargaining how mightfuture research advance our knowledge about collective bargaining in China Mostimportantly we need research (detailed case studies) on how collective bargainingis conducted in different parts of China As Friedman and Kuruvilla (2014) haveargued there is much experimentation and decentralization and more empiricalevidence of these processes are clearly necessary in order to evaluate what worksbest in which locations and why We specifically need more case studies ofauthentic bargaining Second we need analyses of collective bargaining contracts(on both a national and regional scale) in order to determine which are the keyissues of contention between management and labor and how they are changingovertime More research on the various experiments regarding union electionsand the impact of these on bargaining processes and outcomes is a key need aswell Thus there are plenty of opportunities for cutting edge research in collectivebargaining in China and we hope that Chinese management scholars would answerthis call for research into a crucial national human resource issue

NOTES

We thank Manfred Elfstrom and Eli Friedman for comments on an earlier version of this article andthe faculty at Renmin University School of Labor and Human Resources for hosting us[1] There have been various administrative provisions for collective negotiations since 1994 but

legal backing was only granted via the Labor Contract Law beginning in January 2008[2] According to the National Bureau of Statistics (NBS) the term lsquoenterprises above designated

sizersquo points to those industrial legal person enterprises whose yearly main business incomes equalto or are more than 5 million yuan (2009)

[3] The political geography in China divides the country into three levels of bureaucracies below thenational level namely the provincial level the citycounty level and the township level (Note thata village government is not an official bureaucracy but a villagersrsquo self-management organization)However as a legacy of the Kuomintang regime most cities include and administrate severalcounties and therefore the de facto bureaucratic system in China ndash according to which bothofficial unions and governments are structured ndash actually has four levels ie the provincial levelthe city level the countydistrict level and the township level

[4] We admit the possibility that the growing trend may be partially because of a betterdocumentation system now than before

Ccopy 2016 The International Association for Chinese Management Research

184 S Kuruvilla and H Zhang

REFERENCES

Bandurski D 2008 Taxi strikes in China highlight changing press controls China Media Project[Cited 31 March 2015] Available from URL httpcmphkuhk200811121344

Blecher M 1991 Development state entrepreneurial state The political economy of socialist reformin Xinji Municipality and Guanghan County In G White (Ed) The Chinese state in theera of economic reform The road to crisis 265ndash294 Basingstoke Macmillan

Blecher M amp Shue V 1996 Tethered deer Government and economy in a Chinese countyStanford CA Stanford University Press

Brown R 2006 Chinarsquos collective contract provisions Can collective negotiations embody collectivebargaining Duke Journal of Comparative and International Law 35 35ndash77

Cai F 2007 Zhongguo jingji mianlin de zhuanzhe jiqi dui fazhan he gaige de tiaozhan (The turningpoint faced by the Chinese economy and the challenge it presents to development and reform)Zhongguo Shehui Kexue (Social Sciences in China) 2007(3) 4ndash12

Chan A 1993 Revolution or corporatism Workers and trade unions in post-Mao China TheAustralian Journal of Chinese Affairs 29 31ndash61

Chan A 2009 Challenges and possibilities for democratic grassroots union elections in China Acase study of two factory-level elections and their aftermath Labor Studies Journal 34(3)293ndash317

Chan C K C amp Hui E S I 2014 The development of collective bargaining in China Fromlsquocollective bargaining by riotrsquo to lsquoparty state-led wage bargainingrsquo The China Quarterly217(1) 221ndash242

Chan K W 2010 A China paradox Migrant labor shortage amidst rural labor supply abundanceEurasian Geography and Economics 51(4) 513ndash530

Chang K 2013 Laogong guanxi jitihua zhuanxing yu zhengfu laogong zhengce de wanshan (Thecollective transformation of industrial relations and improvement of labor policies) ZhongguoShehui Kexue (Social Sciences in China) 2013(6) 91ndash108

Chen F 2003 Between the state and labour The conflict of Chinese trade unionsrsquo double identityin market reform The China Quarterly 176 1006ndash1028

Chen F 2007 Individual rights and collective rights Laborrsquos predicament in China Communistand Post-Communist Studies 40(1) 59ndash79

Chen F 2010 Trade unions and the quadripartite interactions in strike settlement in China TheChina Quarterly 201 104ndash124

Chu Y W 1998 Labor and democratization in South Korea and Taiwan Journal ofContemporary Asia 28(2) 185ndash202

Clarke S Lee C amp Li Q 2004 Collective consultation and industrial relations in China BritishJournal of Industrial Relations 42(2) 235ndash254

Deyo F C 1987 State and labor Modes of political exclusion in the East Asian development InF C Deyo (Ed) The political economy of the new Asian industrialism Ithaca NYCornell University Press

Eastmoney 2010 Zhixuan gonghui zhihou (After the direct election of the union)[Cited 14 September 2013] Available from URL httpmoneyeastmoneycomnews158320120918251427566html

Eisenhardt K 1989 Building theories from case study research Academy of ManagementReview 14(4) 532ndash550

Elfstrom M amp Kuruvilla S 2014 The changing nature of labor unrest in China Industrial andLabor Relations Review 67(2) 453ndash480

Frenkel S amp Kuruvilla S 2002 Logics of action globalization and changing employment relationsin China India Malaysia and the Philippines Industrial and Labor Relations Review55(3) 387ndash412

Friedman E D 2014a Insurgency trap Labor politics in postsocialist China Ithaca NYCornell University Press

Friedman E D 2014b Economic development and sectoral unions in China Industrial andLabor Relations Review 67(2) 481ndash503

Friedmand E D amp Kuruvilla S 2015 Experimentation and decentralization in Chinese industrialrelations Human Relations 68(2) 181ndash195

Friedman E amp Lee C K 2010 Remaking the world of Chinese labour A 30-year retrospectiveBritish Journal of Industrial Relations 48(3) 507ndash533

Ccopy 2016 The International Association for Chinese Management Research

Labor Unrest and Collective Bargaining 185

Gallagher M E 2005 Contagious capitalism Globalization and the politics of labor inChina Princeton Princeton University Press

Gallagher M E 2010 lsquoWe are not machinesrsquo Teen spirit on Chinarsquos shopfloor China Beat [Cited31 March 2015] Available from URL httpwwwthechinabeatorgp=2538

Gallagher M E amp Dong B 2011 Legislating harmony Labor law reform in contemporaryChina In S Kuruvilla C K Lee amp M E Gallagher (Eds) From iron rice bowl toinformalization Markets workers and the state in a changing China Ch3 IthacaNY Cornell University Press

Gallagher M E 2014 Chinarsquos workers movement and the end of the rapid-growth era Daedalus143(2) 81ndash95

Gould W B 1984 Japanrsquos reshaping of American labor law Cambridge MA MIT PressHashimoto M 1991 The industrial relations system in Japan An interpretation and policy

implications Managerial and Decision Economics 12 147ndash157Howell J A 2006 Reflections on the Chinese state Development and Change 37 273ndash

297Howell J A 2008 All-China Federation of Trades Unions beyond reform The slow march of direct

elections The China Quarterly 196 845ndash863Hu Y 2011 Shenme shi jiti hetong lsquoCaihong Jihuarsquo (What is the collective contract lsquoRainbow Planrsquo)

[Cited 14 September 2013] Available from URL httpwwwhaishang-lawcomArticlezhuanyeyanjiulaodongjiufen2011046155html

Hui E S I 2011 Understanding labour activism The Honda workersrsquo strike In C Scherrer (Ed)Chinarsquos labor questions Ch3 Munchen Mering Germang Rainer Hampp

Hui E S I amp Chan C K C 2014 Beyond the union-centered approach A critical evaluation ofrecent trade union elections in China British Journal of Industrial Relations

Katz H amp Darbishire O 2002 Converging divergences Worldwide changes inemployment systems Ithaca NY Cornell University Press

Katz H C Kochan T A amp Colvin A J S 2014 Labor relations in a global world Anintroduction focused on emerging countries Ithaca NY Cornell University Press

Lee C H 2011 Between the hierarchy and market Emerging mezzo-corporatistindustrial relations in China Unpublished manuscript

Lee C K 2007 Against the law Labor protests in Chinarsquos Rustbelt and Sunbelt BerkeleyUniversity of California Press

Liu M 2010 Union organizing in China Still a monolithic labor movement Industrial andLabor Relations Review 64(1) 30ndash52

Luo S 2011 Collective contracts but no collective bargaining In C Scherrer (Ed) Chinarsquos laborquestions Ch3 Munchen Mering Germang Rainer Hampp

Luthje B 2012 Diverging trajectories Economic rebalancing and labor policiesin China East-West Center Working Paper No 23 [Cited 31 March 2015] Avail-able from URL httpwwweastwestcenterorgpublicationsdiverging-trajectories-economic-rebalancing-and-labor-policies-china

Luthje B Luo S amp Zhang H 2013 Beyond the Iron Rice Bowl Regimes of productionand industrial relations in China Frankfurt amp New York Campus

McAdam D 1999 Political process and the development of Black Insurgency 1930ndash19702nd ed Chicago and London The University of Chicago Press

McDermott E P 2010 Industrial relations in China Ball of Confusion In K Townsend ampA Wilkinson (Eds) Research handbook on work and employment relations Ch16United Kingdom Edward Elgar Publishing

Meng Q 2012 Tanpan youxi zhong de lsquoshuoherenrsquo Yi DLDA qu wei li (The lsquomediatorrsquo in thebargaining game A case of DLDA) Qinghua Shehuixue Pinglun (Tsinghua SociologicalReview) 6 206ndash222

Meng Q Lu J Lei X Wang R amp Chang C 2011 2010 Zhongguo bagongchaodiaocha yu fenxi baogao (Report on the 2010 strike wave in China) Unpublishedmanuscript

OECD 2013 Protecting jobs enhancing flexibility A new look at employment protectionlegislation In OECD Employment Outlook Ch2 [Cited 31 March 2015] Available from URLhttpdxdoiorg101787empl_outlook-2013-en

Oi J 1995 The role of the local state in Chinarsquos transitional Economy The China Quarterly 1441132ndash1149

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186 S Kuruvilla and H Zhang

Peng M amp Du Q 2010 Quanzong guli tansuo gonghui zhuxi zhixuan (The ACFTUencourages direct elections of union chairs) [Cited 14 September 2013] Available fromURL httpepaperoeeeecomAhtml2010-0911content_1175401htm

Pan P P 2009 Out of Maorsquos shadow The struggle for the soul of a new China New YorkSimon amp Schuster

Rapoza K 2011 In coastal China a labor shortage Forbes [Cited 31 March2015] Available from URL httpwwwforbescomsiteskenrapoza20111220in-coastal-china-a-labor-shortage

Silver B J amp Zhang L 2009 China as an emerging epicenter of world labor unrest In H-F Hung(Ed) China and the transformation of global capitalism Baltimore Johns HopkinsUniversity Press

Stockmann D amp Gallagher M E 2011 Remote control How the media sustain authoritarian rulein China Comparative Political Studies 44(4) 436ndash467

Taylor B Chang K amp Li Q 2003 Industrial relations in China Cheltenham Edward ElgarTaylor B amp Li Q 2007 Is the ACFTU a union and does it matter Journal of Industrial

Relations 49(5) 701ndash715Taylor B amp Li Q 2010 Chinarsquos creative approach to lsquounionrsquo organizing Labor History 51(3)

411ndash428Tarrow S 1998 Power in movement Social movements and contentious politics New

York Cambridge University PressThe China Post 2012 China eyes 13 minimum wage rise in 5 years [Cited 31 March

2015] Available from URL httpwwwchinapostcomtwbusinessasia-china20120209331042China-eyeshtm

The Economist 2012 A dangerous year Unrest in China [Cited 31 March 2015] Available fromURL httpwwweconomistcomnode21543477

Unger J 2002 The transformation of rural China Armonk NY M E SharpeUnger J amp Chan A 1995 China corporatism and the East Asian model The Australian Journal

of Chinese Affairs 1995 29ndash53Venn D 2009 Legislation collective bargaining and enforcement Updating the OECD

employment protection indicators [Cited 31 March 2015] Available from URLhttpwwwoecdorgemploymentemp43116624pdf

Wang Z 2012 More workers staying near home China Daily [Cited 31 March 2015] Available fromURL httpwwwchinadailycomcnchina2012-0428content15166329htm

Warner M amp Ng S H 1999 Collective contracts in Chinese enterprises A new brand of collectivebargaining under lsquomarket Socialismrsquo British Journal of Industrial Relations 37(2) 295ndash314

Webb S amp Webb B 1897 Industrial democracy London New York amp Bombay LongmansGreen amp Co

Wen X amp Lin K 2015 Reconstituting industrial relations The experience of Wenling Journalof Contemporary China 24(94) 665ndash683

Wen X 2013 Gonghui zhixuan Guangdong shijian de jingyan yu jiaoxun (Union directelection Lessons from Guangdong) Paper presented at the 6th Annual Congress ofChina Labor Relations Association of the China Human Resource Development AssociationGuangzhou November 2013

Weston T B 2004 The iron man weeps Joblessness and political legitimacy in the Chinese rustbelt In P H Gries amp S Rosen (Eds) State and society in 21st century China Crisiscontention and legitimation 67ndash86 New York RoutledgeCurzon

Wu Q 2012 Jiti xieshang yu guojia zhudao xiade laodong guanxi zhili (Collective negotiationand state-oriented labor relations governance) Shehuixue Yanjiu (Sociological Studies)2012(3) 66ndash89

Xie Y amp Guo Y 2011 Zhongguo shi gongzi jiti xieshang moshi tansuo Wuhan shi canyin hangyegongzi jiti xieshang diaocha (A survey of collective consultation on wages in the catering industryin Wuhan) Zhongguo Laodong Guanxi Xueyuan Xuebao (Journal of China Instituteof Industrial Relations) 25(6) 54ndash58

Xie Y Chen J Chen P amp Xiao Q 2012 Zhongguo hangye gongzi jiti xieshang xiaoguode shizheng fenxi Yi Wuhan canyin hangye weili (An empirical analysis of industrialbargaining outcomes in China An example from the Wuhan restaurant and catering industry)Jingji Shehui Tizhi Bijiao (Comparative Economic and Social Systems) 2012(5)55ndash67

Ccopy 2016 The International Association for Chinese Management Research

Labor Unrest and Collective Bargaining 187

Xu X 2005 lsquoZiran zhuangtairsquo de gongzi jiti xieshang Zhongguo nanfang mouzhen yangmaoshanhangye gongzi jiti xieshang (Collective consultation and discussion on the wages under thelsquonatural conditionrsquo) Tianjin Gonghui Guanli Ganbu Xueyuan Xuebao (Journal ofTianjin Trade Union Administratorsrsquo College) 13(3) 29ndash32

Zhang H 2014 Informality in Chinarsquos collective bargaining Unpublished Masters thesisCornell University Ithaca NY

Zhang J amp Shi Y 2012 Guanyu hangye jiti xieshang qingkuang de diaocha baogao (Survey onindustrial collective negotiation) Zhongguo Laodong Guanxi Xueyuan Xuebao (Journalof China Institute of Industrial Relations) 26(4) 51ndash57

Sarosh Kuruvilla (sck4cornelledu) is Professor of Industrial RelationsAsian Studies and Public Affairs at Cornell University and Visiting Professor atthe London School of Economics His research focuses on the linkage betweeneconomic development strategies and labor and human resources policies Hehas published numerous articles and 3 books on various aspects of labor relationsin Asia He is currently researching collective bargaining in ChinaHao Zhang (hz256cornelledu) is a PhD student at Cornell UniversityrsquosSchool of Industrial and Labor Relations His primary research focus is laborand employment relations with special attention to China And he has ongoinginterests in globalization development political economy skill formationproduction and work

Manuscript received September 18 2014Final version accepted September 28 2015 (number of revisions ndash 2)Accepted by Editor-in-Chief Arie Lewin

Ccopy 2016 The International Association for Chinese Management Research

  • INTRODUCTION
  • THEORETICAL PERSPECTIVES
    • Worker Militancy
    • State Promotion of Collective Bargaining
    • Variations in Collective Bargaining
    • The Future of Collective Bargaining
      • METHODOLOGY
      • RESULTS
        • Strikes
        • Collective Bargaining
        • Emerging Variation Varieties of Collective Bargaining in China
          • DISCUSSION
            • Moving across Quadrants The Future of Collective Bargaining and The Roles of Unions and Employers
              • CONCLUSION
              • NOTES
              • REFERENCES

168 S Kuruvilla and H Zhang

a crisis of legitimacy in that most workers do not trust the union or see it as effectiveWe discuss each in turn below

With regard to whether the role of the ACFTU has transformed Chen hasargued that the ACFTU remains stuck to its lsquodouble institutionalrsquo identity as bothan apparatus of the state (acting on behalf of the nationrsquos collective good) and asa labor organization to protect workersrsquo interests (Chen 2003) In the old systemChen argues that the ACFTU did not quite experience tensions between its tworoles largely because its representation function was lsquoactually absorbed by thestatersquo given that its paternalistic labor regime under the lsquoiron rice bowlrsquo system ofemployment guaranteed workers economic interests such as work pay health careand social security But under a market based system it is increasingly experiencingthese tensions especially as industrial disputes and worker militancy increase

Yet the extent to which the ACFTU has evolved in a more representativedirection remains contested Chan (Chan 1993 Unger amp Chan 1995) argues thatthe ACFTU played an effective corporatist role in the socialist period but is likelyto continue this in the market era because the statersquos needs to effectively bridge thegap between the grassroots and the state in the market economy has created spacefor the ACFTU among other such organizations to incorporate worker voice intothe bureaucratic system of the state Chan (1993) predicted that the ACFTU wouldtransform from its state corporatist role to that of a more societal corporatist rolethat features lsquoa coalescing of horizontal interests from the bottom upwardrsquo

However Friedman (2014a) does not see a promising corporatist future for theACFTU for three reasons First corporatism requires that workersrsquo voices aresuccessfully incorporated into the system while the ACFTU does not incorporateworkers voices Second corporatism requires that workers give up political demandsin exchange for economic benefits and therefore implies a relatively de-commodifiedmodel of social governance whereas in China workers clearly do not enjoysufficiently such benefits Third however co-opted a union under corporatismis it is a somewhat independent intermediary organization between the grassrootsand the state while the ACFTU is clearly part of the state apparatus with no suchindependence

That being said clearly there is some transition to a more representative roleof the ACFTU Chen (2003) documents the increasing ways in which unions aretaking up their representative function with regard to individual if not collectivedisputes The ACFTU has carried out reforms and lsquoexperimentsrsquo at both centraland local levels In the arena of organizing unions at all levels have developedvarious models (ie the traditional ACFTU pattern the union association patterand the regional industry-based pattern) to strategically organize workers (Liu2010) Nevertheless the unionsrsquo ability to effectively represent workers is limitedon the one hand by their subjective position with regard to the employer and onthe other because union leadership cadres see union organizing as a bureaucraticexercise to meet the targets suggested by the state rather than a strategic one (Liu2010 Taylor amp Li 2010)

Ccopy 2016 The International Association for Chinese Management Research

Labor Unrest and Collective Bargaining 169

Chen (2003) suggests that there is a natural limit to the ACFTUrsquos ability tobe an independent representative agent ie the state will not loosen its controlover the unions because of lsquosolidarity phobiarsquo (eg the Polish experience) wherebymore independent unionism is seen as subversive and threatening to the regimeas well as being threatening to the role of the state as a lsquodevelopmentalrsquo stateTherefore we expect that the state will continue protecting the ACFTU monopolyon worker representation ndash a condition that Friedman (2014a) called lsquoappropriatedrepresentationrsquo whereby the ACFTU may be able to promote collective bargainingusing its unique political position at the national level whereas workplace unionswill remain weak and illegitimate

The crisis of legitimacy of the ACFTU has been well documented by severalauthors (Howell 2008 Taylor amp Li 2007) The key argument here is that Chineseworkers do not trust the ACFTU to adequately represent them and in fact inmany workplaces where the ACFTU is present the workers do not even know thatthey have representation The ACFTU is seen as largely apathetic willing to allowmanagement to exercise control (this explains the phenomena of lsquodual postingrsquowhere the companyrsquos human resource manager is allowed by the ACFTU officialsto act as lsquounion leaderrsquo) Friedman (2014a) suggests that official unions have beenunable to win recognition from workers and therefore wildcat strikes and otherforms of representation continue to be the most effective means of addressingworker grievances There have been recent experiments regarding direct unionelections which would arguably lead to more representative unions and hencemore legitimate ones but there is a lack of sufficient worker involvement in theseexperiments (Chan 2009 Howell 2008) with a notable exception of electionsinitiated by workers via spontaneous strikes (Hui amp Chan 2014)

Given that unions have an identity crisis as well as a crisis of legitimacy the keyhypotheses that we can advance is that unions will be unable to effectively representworkers in collective bargaining and are more likely to see collective bargaining asa bureaucratic exercise just as they view union organizing Collective agreementsthen are more likely to be formalistic exercises that primarily re-state the basicconditions under the laws and less likely to advance workersrsquo interests

Like the ACFTU the two national employer associations ndash the CEC-CEDAand the All China Federation of Industry and Commerce (ACFIC) ndash participatein the tripartite framework to promote collective bargaining but both are alsosubordinated to the CCP Our current ongoing research suggests that theseemployer associations are half-hearted partners in promoting collective bargainingLocal employer associations although theoretically have to be affiliated with thetwo big national associations often enjoy more autonomy from the state as well astheir upper levels in decision making than their equivalents on the union side do(Friedman 2014b) This allows them to ignore collective bargaining or when it suitstheir interests to encourage and promote it Given tight labor market conditionsit often suits local employers to engage in some form of regional or industry-wide coordination on wages and working conditions In such cases local employer

Ccopy 2016 The International Association for Chinese Management Research

170 S Kuruvilla and H Zhang

associations serve as mechanisms of employersrsquo collective voice while lead firmsare indeed key players But apart from these industry-wide bargaining scenariosemployers tend to shy away from collective bargaining at the firm level except afterstrikes

Given the unionrsquos identity and legitimacy crises and the employersrsquo relative lackof interest in promoting collective bargaining at the firm level we have no basis toexpect that the institution of collective bargaining will fulfill the statersquos objectives inintroducing it as a means of containing labor conflict In what follows we discussour methodology and in our results section we attempt to categorize the variationthat we see in collective bargaining (based on very limited research) in China

METHODOLOGY

In the absence of official data we rely on alternative estimates of strikes of whichtwo sources are available The first is a website run by the China Labour Bulletina Hong Kong based NGO that collects information on worker protests and strikeslargely from news reports in Chinese newspapers but also from dissident blog sitesand through the organizationrsquos radio call in show The second is a website calledChina Strikes (Elfstrom amp Kuruvilla 2014) which also uses newspaper reportsbut also individual lsquotip-offsrsquo through their website While China Strikes has focusedon the period of 2008ndash2012 the China Labour Bulletin reports strikes from 2011onwards For the overlapping years ie 2011ndash2012 both websites have identifiedsimilar numbers of strikes However both sources of data have shortcomings Firstit is possible that both websites under-report the actual number of incidences ofworker protests and strikes since there are many incidences that do not find theirway into newspapers for a variety of reasons Second it is possible that only biggerstrikes that disrupt life outside the factory gates (such as taxi strikes) get reportedin the press And finally the criticism that these two websites may be measuringnews stories rather than real strikes is also not entirely without substance Howeverin the absence of official statistics these are the only sources of data even if theyunderstate by a significant margin the real numbers

With regard to collective bargaining our goal is to use the limited research alreadypublished and our own observations (we are currently engaged in a research projecton collective bargaining that is not yet complete) to create a taxonomy of collectivebargaining in China Given that collective bargaining is a relatively new institutionbut one that is expected to grow in the coming years establishing a taxonomy todaywill be useful as a baseline against which future studies can make comparisonsOur taxonomy uses two concepts to classify current collective bargaining Theseare the degree of centralization (or decentralization) and the degree of authenticityof collective bargaining

Whether bargaining is centralized or decentralized depends on the bargainingstructure ie the level at which bargaining takes place and the employees andemployers it covers (Katz Kochan amp Colvin 2014) In Western European

Ccopy 2016 The International Association for Chinese Management Research

Labor Unrest and Collective Bargaining 171

countries a centralized (or multi-employer) bargaining structure is instituted atlevels beyond individual firms usually at the industry or national level wherenegotiations are carried out by national or industrial level organizations of unionsand employers National level agreements are common in Austria and Swedenwhereas industry level agreements are common in Germany Netherlands andBelgium Decentralized bargaining (where agreements are negotiated by companylevel unions and their employers are more common in the US and JapanIn China the labor contract law permits both centralized and decentralizedbargaining although the centralized bargaining it envisages is actually at a moredecentralized level than in other countries Specifically the law limits regionalor industry level collective contracts in construction mining restaurant andother industries to areas below the county level[3] The statersquos rationale for thislimitation is twofold ie the need to resolve issues of employment instability laborshortages strikes high turnover low social security coverage at the county levelwhile at the same time providing an institutional structure to extend collectivebargaining coverage to workers in these difficult to organize industries ndash mostlysmall short-lived and non-unionized businesses In practice local unions oftenare reluctant to establish collective bargaining at above-county levels and regionalauthorities do not encourage this either while the state actively discourages industrywide bargaining structures above the country level Thus we will expect to seemore collective bargaining agreements at the firm level rather than industrylevel

Collective bargaining can also vary based on the degree to which bargaining isauthentic As we have noted earlier there is a clear tendency towards what are calledlsquotemplate agreementsrsquo where management and union sign a formalistic agreementthat simply re-states the minimum conditions of the law and where workers are noteven aware of these agreements These would be inauthentic agreements We definea collective bargaining agreement as authentic if it meets the following conditionswhether unions and employers actually engage in a process of negotiations whetherworkers have input into crafting the demands that the union negotiates on theirbehalf whether those negotiations result in concrete outcomes and whether theprocess is repeated more than once (a sign of institutionalization) As we will showthe majority of collective bargaining agreements tend to be inauthentic Authenticagreements are relatively few and typically they occur after a strike since the strikeby workers needs to be settled and it can only be settled by negotiations

Based on our theoretical discussion with regard to strikes we would expect tosee steadily increasing numbers of strikes offensive in nature all across the countryalong with steadily increasing conflict rates Based on our analysis of the centraland local statesrsquo multiple interests we would expect to see steady growth in thenumber of collective bargaining agreements since 2008 and significant variationFinally based on our analysis of the ACFTU and employersrsquo associations we wouldexpect to see many inauthentic agreements and a preponderance of firm levelbargaining

Ccopy 2016 The International Association for Chinese Management Research

172 S Kuruvilla and H Zhang

Table 1 Strikes in China 2008ndashAugust 2014

Year

Number of

strikes

Average number of

strikes per month

2008 47 42009 32 32010 88 72011 233 192012 393 332013 656 552014 (till August) 644 81

(Source The 2008ndash2012 data about China are fromChina Strikes website available from URL httpschinastrikescrowdmapcom The 2013 data aboutChina are from China Labor Bulletin available fromURL httpwwwnumblecomPHPmysqlclbmapehtml)

6 916

0

20

40

60

80

100

120

140

Jan-

08

Jun-

08

Nov

-08

26

Apr-

09

Sep-

09

Feb-

10

Jul-1

0

17

31 3541

Dec-

10

May

-11

Oct

-11

Mar

-12

49

7265

78

64

119

Aug-

12

Jan-

13

Jun-

13

Nov

-13

105

-

Chin

Chin

a Strikes

a Labor Bullen

Figure 2 Monthly strikes in China 2008ndash2014 (Source China Labor Bulletin available fromURL httpwwwnumblecomPHPmysqlclbmapehtml and China Strikes available from URLhttpschinastrikescrowdmapcom)

RESULTS

Strikes

China Strikes reports a total of 793 strikes during the 2008ndash2012 period whilethe China Labour Bulletin indicates a total of 1867 strikes between Jan 2011 andAugust 2014 Table 1 shows counts of strikes after integrating estimates from bothwebsites What is notable is that the average frequency of strikes per month hasbeen increasing steadily Figure 2 graphs this trend[4] Chinese workers appear tobe striking more and longer indicative of their bargaining power

If one assumes as we argued that the Chinese data represents a massiveundercount of reality then clearly China is the lsquostrike capitalrsquo of the world withmore strikes per year than most other countries An alternative way of examiningwhether there is conflict in the system is to look at the number of labor disputes in

Ccopy 2016 The International Association for Chinese Management Research

Labor Unrest and Collective Bargaining 173

Table 2 Labor disputes in China (2000ndash2012 every alternative year)

2000 2002 2004 2006 2008 2010 2012

Annual Average

Growth Rate

Number of casesaccepted

135206 184116 260471 317162 693465 600865 641202 1385

Number ofworkersinvolved

422617 608396 764981 679312 1214328 815121 882487 633

Number ofcollective labordisputes

8247 11024 19241 13977 21880 9314 7252 minus 107

Number ofworkersinvolved incollective labordisputes

259445 374956 477992 348714 502713 211755 231894 minus 093

Number of casessettled

130688 178744 258678 310780 622719 634041 643292 1420

Number of casessettled bymediation

41877 50925 83400 104435 221284 250131 302552 1791

Number of casessettled byarbitrationlawsuit

54142 77340 110708 141465 274543 266506 268530 1428

Cases mediatedbefore accepted

77342 70840 130321 237283 163997 212937 1066

(Source China Labor Statistical Yearbook 2013)

China As the data in Table 2 suggests the number of labor disputes in China hasalso increased over the last few years

In sum and despite problems with the available data our research suggeststhat Chinese workers are increasingly militant and that the number of strikes inChina seems to be steadily increasing as are other indicators of industrial conflictconsistent with our expectations

Collective Bargaining

The published data show considerable growth in collective bargaining in Chinafrom 2006 onward As is apparent from Table 3 the annual growth rates in thenumber of collective contracts are high nearly 20 per year The number ofenterprises being covered by the contracts has been growing by almost 100 peryear indicating a great expansion of multi-employer ndash industrial and regionalndash contracts as well Clearly therefore the statersquos encouragement of collectivebargaining has been successful in quantitative terms Yet the growth in collectivebargaining does not show an appreciable decline in industrial conflict measuredby strikes or data on industrial disputes At a preliminary level this suggests thatthe statersquos encouragement of collective bargaining as a method of reducing conflict

Ccopy 2016 The International Association for Chinese Management Research

174 S Kuruvilla and H Zhang

Table 3 Growth of collective bargaining in China 2005ndash2010

2005 2006 2007 2008 2009 2010

Average Annual

Growth Rate

Number ofcollectivebargainingcontracts onwages

251794 304978 343329 410606 512151 608483 1930

Number ofenterprisescovered

41306 525964 622063 774501 901665 1115874 9334

Staff andworkerscovered bycollectivebargaining

35312320 37145872 39685737 51101198 61776321 75657331 1646

(Source China Trade Union Yearbooks 2006ndash2011)

Table 4 Wage growth in China (2000ndash2013)

Year

Average Yearly

Nominal

Wages (yuan) Growth of Nominal Wages Growth of Real Wages

2000 9333 122 1132001 10834 161 1532002 12373 142 1542003 13969 129 1192004 15920 140 1032005 18200 143 1252006 20856 146 1292007 24721 185 1342008 28898 169 1072009 32244 116 1262010 36539 133 982011 41799 144 862012 46769 119 902013 51483 101 73

(Source China Statistical Yearbook 2014)

and strikes is not successful or to be conservative not successful yet At the sametime data on wages show steady growth (see Table 4) We can draw two differentconclusions from this limited data One is that the key interest of the state wasnot to reduce conflict via the introduction of collective bargaining but to increaseand stabilize wages If this conception of the statersquos interest is correct then itprovides support for the argument that the state is acting in lsquodevelopmentalrsquo waysin encouraging collective bargaining as an instrument to rebalance the economy Analternative explanation is that the state does want to introduce collective bargainingin order to reduce conflict (as has been done in most parts of the world) but thequality of collective bargaining is not very good and hence does not meet that goal

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Labor Unrest and Collective Bargaining 175

FormalisticIneffective AuthenticEffective

Centralization

Decentralization

- Industry-wide Agreements that are ineffective egWuhan Restaurants

- Well established industry wide agreements eg The Wenling Model

- Template Bargaining

- Strike-triggered Bargaining

- State-intervened Bargaining

- Informal Bargaining

- Informal Coordination

- Democratic Grassroots Union Election

- Employer Coordination and state Intervention

Q3 Q4 Q1 Q2

Figure 3 A taxonomy of varieties of collective bargaining in China

If this is true then the policy prescriptions are clearer Below we look more closelyat the nature of collective bargaining

Emerging Variation Varieties of Collective Bargaining in China

Based on the limited available research we classify collective bargaining agreementsbased on how centralized or decentralized and how authentic or inauthentic theyare Recall our key caveat that there is relatively little published research andhence our taxonomy below (see Figure 3) is not based on a representative sampleas it should be However we want to highlight that this is by no means a staticclassification because we also see dynamism where there is movement from onequadrant to another At best this taxonomy should be seen as an initial estimateor baseline against which future research can examine progress over the comingdecade

Quadrant 1 Decentralized inauthentic collective bargaining Perhaps the most commonform of collective bargaining is what we term lsquotemplate bargainingrsquo and what other

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176 S Kuruvilla and H Zhang

researchers have described as lsquocollective contracts without collective bargainingrsquoor lsquopaper contractsrsquo (Chen 2007 Clarke et al 2004 Luo 2011) Typically thelocal government ndash often the labor administration and official union ndash develops atemplate for a collective contract that employers and the local branch of the unionshould sign (jiti hetong fanben) In some cases the template agreement contains blankspaces for wage increases which enterprises can customize to suit their needsUsually a template agreement leaves little room for the parties to bargain overinterest-based issues (Chen 2007) This is the model of collective bargaining mostcommonly followed by the ACFTU which provides its unions with these templateagreements for various regions that employers are requested to sign and whichre-state minimum legal conditions Often employers prepare the contracts andunions simply sign them without engaging in any negotiation (Clarke et al 2004Luo 2011 Taylor Chang amp Li 2003 Wu 2012)

The ACFTU which is targeted with increasing the coverage of collectivebargaining within the country appears more interested in the quantity ofagreements signed (to meet its targets) with relatively little focus on the quality (Wu2012) Some of these template agreements are not even enforced due to weaknessesin the labor inspection regime (Wu 2012) or because the local enterprise unionsalso exist primarily lsquoon paperrsquo having been set up by the ACFTU in collaborationwith the employer often without the workersrsquo knowledge (Liu 2010) Thus thougha large majority of Chinese collective bargaining agreements hew to this type wesee them as being largely inauthentic and the most decentralized given that theyare signed at the enterprise level These have been well documented in existingstudies (Clarke et al 2004 Luo 2011 Taylor et al 2003 Warner amp Ng 1999) sowe shall not expand on them here

Quadrant 2 Decentralized authentic collective bargaining A small but growing number ofcollective bargaining agreements at the firm level can be termed more authenticalthough there is some variation to the extent that they truly encapsulate genuinebargaining There are three different ways in which this type of collective bargainingis happening One and perhaps the most authentic form of collective bargainingis the negotiations that take place after a strike as Elfstrom amp Kuruvilla (2014)suggest The best known case of strike-triggered bargaining is the Honda NanhaiTransmission plantrsquos strike in 2010 that resulted in substantial wage increases forworkers and later also triggered a strike wave in the local and national auto industryleading to substantial wage negotiation in many of those cases as well (Hui 2011)Since a strike when it occurs is frequently settled by negotiations these days (Chang2013) the steady growth in the number of strikes implies growth in more authenticcollective bargaining There is increasing research that suggest that strikes beforeand during the 2010 strike wave were settled via negotiations between provisionallyelected workersrsquo representatives and employers (Chen 2010 Meng 2012 MengLu Lei Wang amp Chang 2011) Some of these strike-based settlements have beenoften facilitated by the mediation of local governments and official unions and

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Labor Unrest and Collective Bargaining 177

the state in various places has appeared to prefer using this approach rather thansuppressing striking workers (Chang 2013 Gallagher 2014) Chen (2010) refersto these dispute and strike settlement mechanisms as quadripartite bargaininginvolving four actors (the state the ACFTU the employers and the workers)Strikes and post-strike settlements are an important route by which collectivebargaining is becoming institutionalized suggests Meng (2012) in his research onDalian

The second way that authentic bargaining may occur without collective actionby workers is through the direct intervention by the local government Chan andHuirsquos (2014) research on Hondarsquos (Guangzhou) 2011 bargaining round suggeststhat although a union in which workers elected their representatives and collectivebargaining were institutionalized in the firm after the 2010 strike the localgovernment directly intervened in the negotiations during the 2011 bargaininground and encouraged the parties to come to agreement Arguably the localgovernment was interested in avoiding a potential strike We refer to this as authenticbecause it is occurring in a situation where workers choose their own representativesand the local government apparently takes the process seriously However this is amore isolated case

Although much of the prior literature has focused on formal bargaining structuresto make the claim that much of Chinese collective bargaining is inauthentic Zhang(2014) makes a compelling case that we should examine informal processes whichare perhaps just as important as formal structures and constitute the third wayin which bargaining is effective He finds in his study of the auto industry inTianjin that while formal bargaining looks just as formalistic as many other casesmuch of the real negotiation takes place at both enterprise and industry levelsthrough informal processes of coordination and negotiations that have resultedin meaningful outcomes Although there have not been strikes or governmentintervention in the auto-industry bargaining cases in Tianjin that Zhang examineshis research points to the active role of the firm union in ensuring substantialnegotiation Thus there are many different ways in which authentic bargaining iscarried out

Quadrant 3 Centralized and inauthentic collective bargaining A major strategy of theACFTUrsquos Rainbow Plan can be found in its effort to carry out regional and industry-level bargaining seen as necessary to bring employees of small and medium sizedfirms under collective bargaining coverage (Wu 2012) And as noted the ACFTUrsquosefforts are complemented by the state apparatus where key state departmentsoften take the lead in mobilizing employers For instance in the second authorrsquosongoing research he finds that in the case of hospitals in Tianjin the districtunion successfully mobilized the employers by leveraging the district Bureau ofPublic Health (BOPH) ndash a state institution in charge of examining approving andsupervising all local public health affairs ndash to create an industry wide collectivebargaining agreement However it was not clear that workers were aware of the

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178 S Kuruvilla and H Zhang

agreement nor was it clear that the agreement was enforced Similar efforts arealso identified in Tianjinrsquos construction industry as well as in other regions in Wursquos(2012) research

While we need more cases to draw firmer conclusions thus far what is clear isthat many of these industry-wide agreements are either formalistic or have shownthemselves to be ineffective and not institutionalized Similar to that of decentralizedand formalistic bargaining the reasons for ineffectiveness at this level include theunionrsquos focus on formalistic terms the absence of strict enforcement and oftenworker ignorance of the terms of the agreement or that they were represented bya union (a frequent issue when union representatives are not directly elected) (Wu2012) A classic example here is Friedmanrsquos (2014b) study of sectoral bargainingin Ruirsquoan eyeglass cluster in Zhejiang Province where workers interviewed indeedknew nothing about the industry level contract that covered them Probably thebest-known case of failure of enforcement of collective bargaining can be foundin Wuhan where the local government in a top-down process initiated sectoralnegotiations in 2011 in the restaurant industry Although the sectoral contract hasset wage terms for over 450000 workers from 40000 different establishments in2011 (Xie amp Guo 2011) and has been renegotiated successfully over the last threeyears which has been well covered by mass media recent research (Xie ChenChen amp Xiao 2012) shows that only 569 of employees surveyed were receivingthe wages stipulated in the contract

Despite these issues the ACFTU continues to focus on building collectivebargaining institutions at the industry and regional levels In Guangzhou forinstance the official union has organized the construction industry although nocollective bargaining has been successfully achieved (Friedman 2014b) In additionunion organizing by region has also been identified in areas with clusters of smallbusinesses such as community unions village union associations market unionsoffice building unions and union associations by ownership in development zones(Liu 2010) But we are skeptical of the prospects for institutionalization of collectivebargaining at the regional level given the heterogeneity in industries and firms ina region and given that often workers are not aware of the agreement nor do theyelect their representatives

Quadrant 4 Centralized authentic collective bargaining There are a few instances ofcentralized sectoral bargaining that qualify as authentic Unlike the previousexamples where it was either the local government or the ACFTU that was theprimary engine behind the development of collective bargaining in the case ofWenling the employers were the ones who initiated the project Wenling a town inZhejiang Province contains a knitwear cluster with more than 130 firms employingabout 12000 workers in 2002 In this case employers began spontaneous wagecoordination in an effort to deal with the rising turnover as a result of whatwas an acute labor shortage (Xu 2005) They formed an employer association in2000 and institutionalized wage coordination amongst themselves although not all

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Labor Unrest and Collective Bargaining 179

employers came on board By 2003 the local government stepped in establishingan industrial union which ultimately signed an industry-wide agreement with theemployer association (Wen amp Lin 2015) That contract has been renegotiated everyyear since and is stable although it overwhelmingly focuses on the piece-rates andnot other working conditions Moreover it is a clear case of relatively authenticcollective bargaining arrangement in terms of how well the contract is enforcedThe second author interviewed workers in the industry in 2013 and found that thepiece-rates that were used to pay them was higher than or equal to those stipulatedin the contract

The Wenling model is being increasingly diffused to other areas In all 15industries ndash including the pump sector in a town named Zeguo (Liu 2010) ndashhave carried out similar bargaining by 2012 covering roughly 6100 enterprisesand 400000 workers (Zhang amp Shi 2012) There are reports of cases developingin other textile and garment (Luthje Luo amp Zhang 2013 269) as well as othermanufacturing clusters (Lee 2011) The commonalities across these lsquosuccessfulcasesrsquo is that they are negotiating about the piece-rate at the industry level andwage coordination was welcomed by small and medium-sized firms in order toreduce turnover in a labor shortage situation Therefore success seems to be in partdetermined by employer interest and readiness for collective bargaining as well

DISCUSSION

Moving across Quadrants The Future of Collective Bargaining andThe Roles of Unions and Employers

While the above taxonomy presents a static picture of the varieties of collectivebargaining in China it is important to incorporate a dynamic element specificallywhat makes it possible to move from inauthentic to more authentic collectivebargaining and how might decentralized bargaining connect with more centralizedstructures to create more worker solidarity

How might we expect movement from inauthentic to more authentic bargainingat the firm level (ie from Quadrant 1 to Quadrant 2) Certainly as discussedearlier strikes could trigger such a movement But there are other ways as wellOne strategy recently adopted in Guangzhou and Shenzhen is the grassroots unionelection (namely direct election for grassroots trade union cadres [gonghui zhixuan])When workers are able to elect their own representatives rather than having unionleaders decided by the regional official union or the enterprise it builds the localunionsrsquo autonomy and independence and is one necessary step for the growth ofauthentic bargaining This focus on direct election is growing For instance theShenzhen Federation of Trade Unions announced in 2012 that 163 enterpriseswith more than 1000 employees would all adopt direct election (Eastmoney 2012)The second authorrsquos interview with a key informant involved in Shenzhenrsquos unionelection revealed that approximately 1000 out of the 30000 enterprise unions

Ccopy 2016 The International Association for Chinese Management Research

180 S Kuruvilla and H Zhang

in Shenzhen had lsquocarried out or reached the level of direct union election (dadao

zhixuan shuiping)rsquo by August 2011 In Guangzhou Peng amp Du (2010) report thatseveral hundred of the over 50000 firm unions had been directly elected by 2010The case of direct union elections in Omron (Shenzhen) has been documented inWen (2013) and Hui amp Chanrsquos (2014) work Yet we need more research to properlyevaluate how these elections are conducted

Although the efficacy of direct union elections has been debated (some argue thatthese elections were manipulated by employers or local officials others questionthe degree to which these will be institutionalized in todayrsquos political climate inChina and some suggest that there is rising opposition to direct elections fromboth employers and the state (Chan 2009 Howell 2008 Wen 2013) the availableevidence (Hui amp Chan 2014 Wen 2013) and more recent first hand evidence fromour research in Guangzhoursquos auto industry suggests that thus far democratic unionelections facilitates collective bargaining with real negotiation between workers andemployers including some conflictual negotiations that result in real rather thanformalistic outcomes and hence are more authentic

Movement from Quadrant 3 to 4 (ie from less authentic to more authenticbargaining at the centralized level) appears possible when employers take the firststep in coordinating through employer associations and when the local governmentdirectly intervenes to create industry wide settlements as suggested by the Wenlingmodel However given the lack of a real connection between unions at this leveland the workers they represent and the heterogeneous workplaces that makedirect election of representatives more difficult we are not convinced that such amovement is imminent In addition there are a number of implementation andenforcement failures such as in the case of the restaurant industry in Wuhan thatsuggest the difficulty of achieving meaningful collective bargaining coverage for anentire regional industry

There is some evidence of increased coordination between decentralized andcentralized levels Zhang (2014) finds evidence of links between industry wagestructures and firm level bargaining in a circumstance when lead and supplierfirms belonging to the same value chain in the local labor market are involvedThis indicates some degree of dynamism distinct from the mostly static pictureimplied by our classification This movement of informal coordination appearssimilar to those practices in the West especially in Europe although perhaps it isat a more incipient stage here As Chinese employers in a cluster or industry beginto build better institutional structures to facilitate coordination that will stimulatea similar movement amongst workers and unions and thereby promote industrywide bargaining as well as firm level bargaining

CONCLUSION

In this paper we examine the growth of strikes and collective bargaining in ChinaUsing McAdamrsquos political process model we argued that Chinese workers are

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Labor Unrest and Collective Bargaining 181

striking more and proactively after 2008 The Chinese state has encouraged thegrowth of collective bargaining although its motivations for doing so could beattributed to different interests such as providing a mechanism to resolve laborconflict or to increase wages in its effort to lsquorebalancersquo the economy a necessarycondition to avoid the middle income trap We argued further that we wouldexpect to see considerable variation in collective bargaining based on the differentialinterests of central and local states who are enjoying more autonomy than theydid in the past And our analysis of the official union (ACFTU) and the crises ofidentity and legitimacy that it faces led us to expect that collective bargaining willbe predominantly inauthentic

The evidence largely supports our expectations Chinese workers are clearlystriking more after 2008 and the numbers of strikes from two different sets of datashow steady increases Collective bargaining has also grown sharply after 2008 butthe key agent charged with the responsibility of increasing bargaining coverage (theACFTU) tends to view it generally as a bureaucratic exercise Hence our findingthat much of the incipient collective bargaining in China hews to the inauthenticside of the continuum We also find considerable variation however in collectivebargaining This variation is attributable to the willingness of the state to allowexperimentation and it would appear that different industrial relations actors ielocal labor bureaucracies local employers and local unions exercise considerablefreedom to develop particular structures

While our taxonomy presents a static picture of collective bargaining in Chinatoday we also highlight how it may change in the future under the presentinstitutional structure We have identified several conditions that are necessary forbargaining arrangements to move towards greater authenticity Specifically eventhough the Chinese state is unlikely to permit workers to affiliate with unions of theirchoice reforms within the ACFTU that move it in the direction of increasing itsrepresentative function is one avenue for change An amendment to the GuangdongProvincial Regulation on Collective Contracts for Enterprises is in our view onepathway to more authentic bargaining The regulation is detailed covering notonly the content and subject matter of collective bargaining but includes extensiveprovisions regarding various aspects of collective negotiations Most crucially theregulation specifies clearly that lsquonegotiation representatives of the employees of thefirm must either be selected by the trade union or democratically elected by thestaff and workersrsquo ndash the first time that democratic elections have been specified inany provincial legislation regarding collective bargaining

However despite the growth and variation that we see and despite the promiseimplicit in the Guangdong regulations overall our paper suggests that collectivebargaining in China is at a very incipient stage At this point in 2015 our initialanalyses would suggest that the institution of collective bargaining in China is moreeffective at increasing wages thereby meeting the statersquos interest in rebalancing theeconomy and less effective in meeting the statersquos alternative interest ie representingworkers adequately so as to reduce industrial conflict

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182 S Kuruvilla and H Zhang

Under what conditions could collective bargaining meet the statersquos alternativeinterest This requires that Chinese unions overcome their problems of identity andlegitimacy A necessary condition is that the state must be willing to provide theunions with more independence What might bring this about The state wouldbe willing to do so if the legitimacy of the CCP is under threat And that couldhappen if industrial conflict and labor exploitation continue to increase despite thenew laws and union activity

However recent decisions suggest that the state has elected to follow an alternativeapproach of improving bargaining effectiveness with more centralization ratherthan providing local union autonomy In 2014 the ACFTU introduced a newfive-year plan (2014ndash2018) to promote collective bargaining Simultaneously inorder to improve collective bargaining effectiveness the ACFTU has adoptednew guidelines to its locals These include the notion that 100 of the workerscovered under CB should be aware of the bargaining and have provided themwith relatively centralized formats that would permit aggregation of data onwages More importantly in May 2015 the central government and CCP releasedlsquoSuggestions for Establishing Harmonious Labor Relationsrsquo ndash the first time thatharmonious labor relations were promoted at the central level in a special documentThese actions suggest that the CCP has acknowledged the shortcomings of thecurrent collective bargaining system (ie poor implementation poor quality ofagreements and the ACFTUs general inability to represent workers) and thethreat of continued industrial conflict to its own legitimacy but is still leery ofproviding local unions and workers with more autonomy that might result in thesuccessful institutionalization of bargaining

How does the development of Chinese unions and collective bargaininginstitutions compare with other Asian nations We might look to both Taiwanand South Korea for parallels Japan however is less comparable because thepost-war development of both unions and collective bargaining developed intandem with democratization (Gould 1984) and was led by employers whointroduced the famous pillars of lifetime employment seniority based wages andenterprise unions in search of labor stability (Hashimoto 1991) In both Koreaand Taiwan however the export oriented industrialization regimes adopted byauthoritarian governments entailed a high degree of control of labor Ratherlike China today Taiwanrsquos policies then required the unions to be affiliated toone central federation (the Chinese Federation of Labor) which was controlled bythe Kuomintang regime (Deyo 1987) Korea adopted a similar approach with thecreation of the Federation of Korean Trade Unions created by the governmentHowever in contrast to Taiwan (where the workforce was mostly composed oflabor working in agriculture and small scale industries) Korearsquos labor movementeven under authoritarian governments developed a stronger working class identityDeyo (1987) and Chu (1998) argue due to the tradition of nationalist mobilizationagainst the Japanese occupation large sized firms involved in heavy industries andhigh industry concentration Both countries democratized in the late 1980s Given

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Labor Unrest and Collective Bargaining 183

their historical weakness the labor movement in Taiwan did not play a major rolein the democratization processes unlike the Korean labor movement which was acentral player in the process in Korea Consequently post democratization Koreanunions aggressively demonstrated their power through waves of strikes (Chu 1998)that resulted in the formal institutionalization of a new industrial relations regimealong pluralist lines Taiwanrsquos labor movement given its historical weakness did notassert themselves as strongly after democratization although a new labor relationsregime developed thereafter Thus although there was broad similarity in termsof state control of labor in Korea Taiwan and China that similarity ended in the1980s upon democratization in Korea and Taiwan The Chinese labor movementstill remains under state control and the future evolution of both labor unions andcollective bargaining is as we have argued earlier in this paper dependent on CCPrsquosstrategies

Having developed a lsquobaselinersquo taxonomy of collective bargaining how mightfuture research advance our knowledge about collective bargaining in China Mostimportantly we need research (detailed case studies) on how collective bargainingis conducted in different parts of China As Friedman and Kuruvilla (2014) haveargued there is much experimentation and decentralization and more empiricalevidence of these processes are clearly necessary in order to evaluate what worksbest in which locations and why We specifically need more case studies ofauthentic bargaining Second we need analyses of collective bargaining contracts(on both a national and regional scale) in order to determine which are the keyissues of contention between management and labor and how they are changingovertime More research on the various experiments regarding union electionsand the impact of these on bargaining processes and outcomes is a key need aswell Thus there are plenty of opportunities for cutting edge research in collectivebargaining in China and we hope that Chinese management scholars would answerthis call for research into a crucial national human resource issue

NOTES

We thank Manfred Elfstrom and Eli Friedman for comments on an earlier version of this article andthe faculty at Renmin University School of Labor and Human Resources for hosting us[1] There have been various administrative provisions for collective negotiations since 1994 but

legal backing was only granted via the Labor Contract Law beginning in January 2008[2] According to the National Bureau of Statistics (NBS) the term lsquoenterprises above designated

sizersquo points to those industrial legal person enterprises whose yearly main business incomes equalto or are more than 5 million yuan (2009)

[3] The political geography in China divides the country into three levels of bureaucracies below thenational level namely the provincial level the citycounty level and the township level (Note thata village government is not an official bureaucracy but a villagersrsquo self-management organization)However as a legacy of the Kuomintang regime most cities include and administrate severalcounties and therefore the de facto bureaucratic system in China ndash according to which bothofficial unions and governments are structured ndash actually has four levels ie the provincial levelthe city level the countydistrict level and the township level

[4] We admit the possibility that the growing trend may be partially because of a betterdocumentation system now than before

Ccopy 2016 The International Association for Chinese Management Research

184 S Kuruvilla and H Zhang

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Chan C K C amp Hui E S I 2014 The development of collective bargaining in China Fromlsquocollective bargaining by riotrsquo to lsquoparty state-led wage bargainingrsquo The China Quarterly217(1) 221ndash242

Chan K W 2010 A China paradox Migrant labor shortage amidst rural labor supply abundanceEurasian Geography and Economics 51(4) 513ndash530

Chang K 2013 Laogong guanxi jitihua zhuanxing yu zhengfu laogong zhengce de wanshan (Thecollective transformation of industrial relations and improvement of labor policies) ZhongguoShehui Kexue (Social Sciences in China) 2013(6) 91ndash108

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Chen F 2007 Individual rights and collective rights Laborrsquos predicament in China Communistand Post-Communist Studies 40(1) 59ndash79

Chen F 2010 Trade unions and the quadripartite interactions in strike settlement in China TheChina Quarterly 201 104ndash124

Chu Y W 1998 Labor and democratization in South Korea and Taiwan Journal ofContemporary Asia 28(2) 185ndash202

Clarke S Lee C amp Li Q 2004 Collective consultation and industrial relations in China BritishJournal of Industrial Relations 42(2) 235ndash254

Deyo F C 1987 State and labor Modes of political exclusion in the East Asian development InF C Deyo (Ed) The political economy of the new Asian industrialism Ithaca NYCornell University Press

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Eisenhardt K 1989 Building theories from case study research Academy of ManagementReview 14(4) 532ndash550

Elfstrom M amp Kuruvilla S 2014 The changing nature of labor unrest in China Industrial andLabor Relations Review 67(2) 453ndash480

Frenkel S amp Kuruvilla S 2002 Logics of action globalization and changing employment relationsin China India Malaysia and the Philippines Industrial and Labor Relations Review55(3) 387ndash412

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Friedman E D 2014b Economic development and sectoral unions in China Industrial andLabor Relations Review 67(2) 481ndash503

Friedmand E D amp Kuruvilla S 2015 Experimentation and decentralization in Chinese industrialrelations Human Relations 68(2) 181ndash195

Friedman E amp Lee C K 2010 Remaking the world of Chinese labour A 30-year retrospectiveBritish Journal of Industrial Relations 48(3) 507ndash533

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Labor Unrest and Collective Bargaining 185

Gallagher M E 2005 Contagious capitalism Globalization and the politics of labor inChina Princeton Princeton University Press

Gallagher M E 2010 lsquoWe are not machinesrsquo Teen spirit on Chinarsquos shopfloor China Beat [Cited31 March 2015] Available from URL httpwwwthechinabeatorgp=2538

Gallagher M E amp Dong B 2011 Legislating harmony Labor law reform in contemporaryChina In S Kuruvilla C K Lee amp M E Gallagher (Eds) From iron rice bowl toinformalization Markets workers and the state in a changing China Ch3 IthacaNY Cornell University Press

Gallagher M E 2014 Chinarsquos workers movement and the end of the rapid-growth era Daedalus143(2) 81ndash95

Gould W B 1984 Japanrsquos reshaping of American labor law Cambridge MA MIT PressHashimoto M 1991 The industrial relations system in Japan An interpretation and policy

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Hui E S I 2011 Understanding labour activism The Honda workersrsquo strike In C Scherrer (Ed)Chinarsquos labor questions Ch3 Munchen Mering Germang Rainer Hampp

Hui E S I amp Chan C K C 2014 Beyond the union-centered approach A critical evaluation ofrecent trade union elections in China British Journal of Industrial Relations

Katz H amp Darbishire O 2002 Converging divergences Worldwide changes inemployment systems Ithaca NY Cornell University Press

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Lee C K 2007 Against the law Labor protests in Chinarsquos Rustbelt and Sunbelt BerkeleyUniversity of California Press

Liu M 2010 Union organizing in China Still a monolithic labor movement Industrial andLabor Relations Review 64(1) 30ndash52

Luo S 2011 Collective contracts but no collective bargaining In C Scherrer (Ed) Chinarsquos laborquestions Ch3 Munchen Mering Germang Rainer Hampp

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Luthje B Luo S amp Zhang H 2013 Beyond the Iron Rice Bowl Regimes of productionand industrial relations in China Frankfurt amp New York Campus

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Oi J 1995 The role of the local state in Chinarsquos transitional Economy The China Quarterly 1441132ndash1149

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Stockmann D amp Gallagher M E 2011 Remote control How the media sustain authoritarian rulein China Comparative Political Studies 44(4) 436ndash467

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Wang Z 2012 More workers staying near home China Daily [Cited 31 March 2015] Available fromURL httpwwwchinadailycomcnchina2012-0428content15166329htm

Warner M amp Ng S H 1999 Collective contracts in Chinese enterprises A new brand of collectivebargaining under lsquomarket Socialismrsquo British Journal of Industrial Relations 37(2) 295ndash314

Webb S amp Webb B 1897 Industrial democracy London New York amp Bombay LongmansGreen amp Co

Wen X amp Lin K 2015 Reconstituting industrial relations The experience of Wenling Journalof Contemporary China 24(94) 665ndash683

Wen X 2013 Gonghui zhixuan Guangdong shijian de jingyan yu jiaoxun (Union directelection Lessons from Guangdong) Paper presented at the 6th Annual Congress ofChina Labor Relations Association of the China Human Resource Development AssociationGuangzhou November 2013

Weston T B 2004 The iron man weeps Joblessness and political legitimacy in the Chinese rustbelt In P H Gries amp S Rosen (Eds) State and society in 21st century China Crisiscontention and legitimation 67ndash86 New York RoutledgeCurzon

Wu Q 2012 Jiti xieshang yu guojia zhudao xiade laodong guanxi zhili (Collective negotiationand state-oriented labor relations governance) Shehuixue Yanjiu (Sociological Studies)2012(3) 66ndash89

Xie Y amp Guo Y 2011 Zhongguo shi gongzi jiti xieshang moshi tansuo Wuhan shi canyin hangyegongzi jiti xieshang diaocha (A survey of collective consultation on wages in the catering industryin Wuhan) Zhongguo Laodong Guanxi Xueyuan Xuebao (Journal of China Instituteof Industrial Relations) 25(6) 54ndash58

Xie Y Chen J Chen P amp Xiao Q 2012 Zhongguo hangye gongzi jiti xieshang xiaoguode shizheng fenxi Yi Wuhan canyin hangye weili (An empirical analysis of industrialbargaining outcomes in China An example from the Wuhan restaurant and catering industry)Jingji Shehui Tizhi Bijiao (Comparative Economic and Social Systems) 2012(5)55ndash67

Ccopy 2016 The International Association for Chinese Management Research

Labor Unrest and Collective Bargaining 187

Xu X 2005 lsquoZiran zhuangtairsquo de gongzi jiti xieshang Zhongguo nanfang mouzhen yangmaoshanhangye gongzi jiti xieshang (Collective consultation and discussion on the wages under thelsquonatural conditionrsquo) Tianjin Gonghui Guanli Ganbu Xueyuan Xuebao (Journal ofTianjin Trade Union Administratorsrsquo College) 13(3) 29ndash32

Zhang H 2014 Informality in Chinarsquos collective bargaining Unpublished Masters thesisCornell University Ithaca NY

Zhang J amp Shi Y 2012 Guanyu hangye jiti xieshang qingkuang de diaocha baogao (Survey onindustrial collective negotiation) Zhongguo Laodong Guanxi Xueyuan Xuebao (Journalof China Institute of Industrial Relations) 26(4) 51ndash57

Sarosh Kuruvilla (sck4cornelledu) is Professor of Industrial RelationsAsian Studies and Public Affairs at Cornell University and Visiting Professor atthe London School of Economics His research focuses on the linkage betweeneconomic development strategies and labor and human resources policies Hehas published numerous articles and 3 books on various aspects of labor relationsin Asia He is currently researching collective bargaining in ChinaHao Zhang (hz256cornelledu) is a PhD student at Cornell UniversityrsquosSchool of Industrial and Labor Relations His primary research focus is laborand employment relations with special attention to China And he has ongoinginterests in globalization development political economy skill formationproduction and work

Manuscript received September 18 2014Final version accepted September 28 2015 (number of revisions ndash 2)Accepted by Editor-in-Chief Arie Lewin

Ccopy 2016 The International Association for Chinese Management Research

  • INTRODUCTION
  • THEORETICAL PERSPECTIVES
    • Worker Militancy
    • State Promotion of Collective Bargaining
    • Variations in Collective Bargaining
    • The Future of Collective Bargaining
      • METHODOLOGY
      • RESULTS
        • Strikes
        • Collective Bargaining
        • Emerging Variation Varieties of Collective Bargaining in China
          • DISCUSSION
            • Moving across Quadrants The Future of Collective Bargaining and The Roles of Unions and Employers
              • CONCLUSION
              • NOTES
              • REFERENCES

Labor Unrest and Collective Bargaining 169

Chen (2003) suggests that there is a natural limit to the ACFTUrsquos ability tobe an independent representative agent ie the state will not loosen its controlover the unions because of lsquosolidarity phobiarsquo (eg the Polish experience) wherebymore independent unionism is seen as subversive and threatening to the regimeas well as being threatening to the role of the state as a lsquodevelopmentalrsquo stateTherefore we expect that the state will continue protecting the ACFTU monopolyon worker representation ndash a condition that Friedman (2014a) called lsquoappropriatedrepresentationrsquo whereby the ACFTU may be able to promote collective bargainingusing its unique political position at the national level whereas workplace unionswill remain weak and illegitimate

The crisis of legitimacy of the ACFTU has been well documented by severalauthors (Howell 2008 Taylor amp Li 2007) The key argument here is that Chineseworkers do not trust the ACFTU to adequately represent them and in fact inmany workplaces where the ACFTU is present the workers do not even know thatthey have representation The ACFTU is seen as largely apathetic willing to allowmanagement to exercise control (this explains the phenomena of lsquodual postingrsquowhere the companyrsquos human resource manager is allowed by the ACFTU officialsto act as lsquounion leaderrsquo) Friedman (2014a) suggests that official unions have beenunable to win recognition from workers and therefore wildcat strikes and otherforms of representation continue to be the most effective means of addressingworker grievances There have been recent experiments regarding direct unionelections which would arguably lead to more representative unions and hencemore legitimate ones but there is a lack of sufficient worker involvement in theseexperiments (Chan 2009 Howell 2008) with a notable exception of electionsinitiated by workers via spontaneous strikes (Hui amp Chan 2014)

Given that unions have an identity crisis as well as a crisis of legitimacy the keyhypotheses that we can advance is that unions will be unable to effectively representworkers in collective bargaining and are more likely to see collective bargaining asa bureaucratic exercise just as they view union organizing Collective agreementsthen are more likely to be formalistic exercises that primarily re-state the basicconditions under the laws and less likely to advance workersrsquo interests

Like the ACFTU the two national employer associations ndash the CEC-CEDAand the All China Federation of Industry and Commerce (ACFIC) ndash participatein the tripartite framework to promote collective bargaining but both are alsosubordinated to the CCP Our current ongoing research suggests that theseemployer associations are half-hearted partners in promoting collective bargainingLocal employer associations although theoretically have to be affiliated with thetwo big national associations often enjoy more autonomy from the state as well astheir upper levels in decision making than their equivalents on the union side do(Friedman 2014b) This allows them to ignore collective bargaining or when it suitstheir interests to encourage and promote it Given tight labor market conditionsit often suits local employers to engage in some form of regional or industry-wide coordination on wages and working conditions In such cases local employer

Ccopy 2016 The International Association for Chinese Management Research

170 S Kuruvilla and H Zhang

associations serve as mechanisms of employersrsquo collective voice while lead firmsare indeed key players But apart from these industry-wide bargaining scenariosemployers tend to shy away from collective bargaining at the firm level except afterstrikes

Given the unionrsquos identity and legitimacy crises and the employersrsquo relative lackof interest in promoting collective bargaining at the firm level we have no basis toexpect that the institution of collective bargaining will fulfill the statersquos objectives inintroducing it as a means of containing labor conflict In what follows we discussour methodology and in our results section we attempt to categorize the variationthat we see in collective bargaining (based on very limited research) in China

METHODOLOGY

In the absence of official data we rely on alternative estimates of strikes of whichtwo sources are available The first is a website run by the China Labour Bulletina Hong Kong based NGO that collects information on worker protests and strikeslargely from news reports in Chinese newspapers but also from dissident blog sitesand through the organizationrsquos radio call in show The second is a website calledChina Strikes (Elfstrom amp Kuruvilla 2014) which also uses newspaper reportsbut also individual lsquotip-offsrsquo through their website While China Strikes has focusedon the period of 2008ndash2012 the China Labour Bulletin reports strikes from 2011onwards For the overlapping years ie 2011ndash2012 both websites have identifiedsimilar numbers of strikes However both sources of data have shortcomings Firstit is possible that both websites under-report the actual number of incidences ofworker protests and strikes since there are many incidences that do not find theirway into newspapers for a variety of reasons Second it is possible that only biggerstrikes that disrupt life outside the factory gates (such as taxi strikes) get reportedin the press And finally the criticism that these two websites may be measuringnews stories rather than real strikes is also not entirely without substance Howeverin the absence of official statistics these are the only sources of data even if theyunderstate by a significant margin the real numbers

With regard to collective bargaining our goal is to use the limited research alreadypublished and our own observations (we are currently engaged in a research projecton collective bargaining that is not yet complete) to create a taxonomy of collectivebargaining in China Given that collective bargaining is a relatively new institutionbut one that is expected to grow in the coming years establishing a taxonomy todaywill be useful as a baseline against which future studies can make comparisonsOur taxonomy uses two concepts to classify current collective bargaining Theseare the degree of centralization (or decentralization) and the degree of authenticityof collective bargaining

Whether bargaining is centralized or decentralized depends on the bargainingstructure ie the level at which bargaining takes place and the employees andemployers it covers (Katz Kochan amp Colvin 2014) In Western European

Ccopy 2016 The International Association for Chinese Management Research

Labor Unrest and Collective Bargaining 171

countries a centralized (or multi-employer) bargaining structure is instituted atlevels beyond individual firms usually at the industry or national level wherenegotiations are carried out by national or industrial level organizations of unionsand employers National level agreements are common in Austria and Swedenwhereas industry level agreements are common in Germany Netherlands andBelgium Decentralized bargaining (where agreements are negotiated by companylevel unions and their employers are more common in the US and JapanIn China the labor contract law permits both centralized and decentralizedbargaining although the centralized bargaining it envisages is actually at a moredecentralized level than in other countries Specifically the law limits regionalor industry level collective contracts in construction mining restaurant andother industries to areas below the county level[3] The statersquos rationale for thislimitation is twofold ie the need to resolve issues of employment instability laborshortages strikes high turnover low social security coverage at the county levelwhile at the same time providing an institutional structure to extend collectivebargaining coverage to workers in these difficult to organize industries ndash mostlysmall short-lived and non-unionized businesses In practice local unions oftenare reluctant to establish collective bargaining at above-county levels and regionalauthorities do not encourage this either while the state actively discourages industrywide bargaining structures above the country level Thus we will expect to seemore collective bargaining agreements at the firm level rather than industrylevel

Collective bargaining can also vary based on the degree to which bargaining isauthentic As we have noted earlier there is a clear tendency towards what are calledlsquotemplate agreementsrsquo where management and union sign a formalistic agreementthat simply re-states the minimum conditions of the law and where workers are noteven aware of these agreements These would be inauthentic agreements We definea collective bargaining agreement as authentic if it meets the following conditionswhether unions and employers actually engage in a process of negotiations whetherworkers have input into crafting the demands that the union negotiates on theirbehalf whether those negotiations result in concrete outcomes and whether theprocess is repeated more than once (a sign of institutionalization) As we will showthe majority of collective bargaining agreements tend to be inauthentic Authenticagreements are relatively few and typically they occur after a strike since the strikeby workers needs to be settled and it can only be settled by negotiations

Based on our theoretical discussion with regard to strikes we would expect tosee steadily increasing numbers of strikes offensive in nature all across the countryalong with steadily increasing conflict rates Based on our analysis of the centraland local statesrsquo multiple interests we would expect to see steady growth in thenumber of collective bargaining agreements since 2008 and significant variationFinally based on our analysis of the ACFTU and employersrsquo associations we wouldexpect to see many inauthentic agreements and a preponderance of firm levelbargaining

Ccopy 2016 The International Association for Chinese Management Research

172 S Kuruvilla and H Zhang

Table 1 Strikes in China 2008ndashAugust 2014

Year

Number of

strikes

Average number of

strikes per month

2008 47 42009 32 32010 88 72011 233 192012 393 332013 656 552014 (till August) 644 81

(Source The 2008ndash2012 data about China are fromChina Strikes website available from URL httpschinastrikescrowdmapcom The 2013 data aboutChina are from China Labor Bulletin available fromURL httpwwwnumblecomPHPmysqlclbmapehtml)

6 916

0

20

40

60

80

100

120

140

Jan-

08

Jun-

08

Nov

-08

26

Apr-

09

Sep-

09

Feb-

10

Jul-1

0

17

31 3541

Dec-

10

May

-11

Oct

-11

Mar

-12

49

7265

78

64

119

Aug-

12

Jan-

13

Jun-

13

Nov

-13

105

-

Chin

Chin

a Strikes

a Labor Bullen

Figure 2 Monthly strikes in China 2008ndash2014 (Source China Labor Bulletin available fromURL httpwwwnumblecomPHPmysqlclbmapehtml and China Strikes available from URLhttpschinastrikescrowdmapcom)

RESULTS

Strikes

China Strikes reports a total of 793 strikes during the 2008ndash2012 period whilethe China Labour Bulletin indicates a total of 1867 strikes between Jan 2011 andAugust 2014 Table 1 shows counts of strikes after integrating estimates from bothwebsites What is notable is that the average frequency of strikes per month hasbeen increasing steadily Figure 2 graphs this trend[4] Chinese workers appear tobe striking more and longer indicative of their bargaining power

If one assumes as we argued that the Chinese data represents a massiveundercount of reality then clearly China is the lsquostrike capitalrsquo of the world withmore strikes per year than most other countries An alternative way of examiningwhether there is conflict in the system is to look at the number of labor disputes in

Ccopy 2016 The International Association for Chinese Management Research

Labor Unrest and Collective Bargaining 173

Table 2 Labor disputes in China (2000ndash2012 every alternative year)

2000 2002 2004 2006 2008 2010 2012

Annual Average

Growth Rate

Number of casesaccepted

135206 184116 260471 317162 693465 600865 641202 1385

Number ofworkersinvolved

422617 608396 764981 679312 1214328 815121 882487 633

Number ofcollective labordisputes

8247 11024 19241 13977 21880 9314 7252 minus 107

Number ofworkersinvolved incollective labordisputes

259445 374956 477992 348714 502713 211755 231894 minus 093

Number of casessettled

130688 178744 258678 310780 622719 634041 643292 1420

Number of casessettled bymediation

41877 50925 83400 104435 221284 250131 302552 1791

Number of casessettled byarbitrationlawsuit

54142 77340 110708 141465 274543 266506 268530 1428

Cases mediatedbefore accepted

77342 70840 130321 237283 163997 212937 1066

(Source China Labor Statistical Yearbook 2013)

China As the data in Table 2 suggests the number of labor disputes in China hasalso increased over the last few years

In sum and despite problems with the available data our research suggeststhat Chinese workers are increasingly militant and that the number of strikes inChina seems to be steadily increasing as are other indicators of industrial conflictconsistent with our expectations

Collective Bargaining

The published data show considerable growth in collective bargaining in Chinafrom 2006 onward As is apparent from Table 3 the annual growth rates in thenumber of collective contracts are high nearly 20 per year The number ofenterprises being covered by the contracts has been growing by almost 100 peryear indicating a great expansion of multi-employer ndash industrial and regionalndash contracts as well Clearly therefore the statersquos encouragement of collectivebargaining has been successful in quantitative terms Yet the growth in collectivebargaining does not show an appreciable decline in industrial conflict measuredby strikes or data on industrial disputes At a preliminary level this suggests thatthe statersquos encouragement of collective bargaining as a method of reducing conflict

Ccopy 2016 The International Association for Chinese Management Research

174 S Kuruvilla and H Zhang

Table 3 Growth of collective bargaining in China 2005ndash2010

2005 2006 2007 2008 2009 2010

Average Annual

Growth Rate

Number ofcollectivebargainingcontracts onwages

251794 304978 343329 410606 512151 608483 1930

Number ofenterprisescovered

41306 525964 622063 774501 901665 1115874 9334

Staff andworkerscovered bycollectivebargaining

35312320 37145872 39685737 51101198 61776321 75657331 1646

(Source China Trade Union Yearbooks 2006ndash2011)

Table 4 Wage growth in China (2000ndash2013)

Year

Average Yearly

Nominal

Wages (yuan) Growth of Nominal Wages Growth of Real Wages

2000 9333 122 1132001 10834 161 1532002 12373 142 1542003 13969 129 1192004 15920 140 1032005 18200 143 1252006 20856 146 1292007 24721 185 1342008 28898 169 1072009 32244 116 1262010 36539 133 982011 41799 144 862012 46769 119 902013 51483 101 73

(Source China Statistical Yearbook 2014)

and strikes is not successful or to be conservative not successful yet At the sametime data on wages show steady growth (see Table 4) We can draw two differentconclusions from this limited data One is that the key interest of the state wasnot to reduce conflict via the introduction of collective bargaining but to increaseand stabilize wages If this conception of the statersquos interest is correct then itprovides support for the argument that the state is acting in lsquodevelopmentalrsquo waysin encouraging collective bargaining as an instrument to rebalance the economy Analternative explanation is that the state does want to introduce collective bargainingin order to reduce conflict (as has been done in most parts of the world) but thequality of collective bargaining is not very good and hence does not meet that goal

Ccopy 2016 The International Association for Chinese Management Research

Labor Unrest and Collective Bargaining 175

FormalisticIneffective AuthenticEffective

Centralization

Decentralization

- Industry-wide Agreements that are ineffective egWuhan Restaurants

- Well established industry wide agreements eg The Wenling Model

- Template Bargaining

- Strike-triggered Bargaining

- State-intervened Bargaining

- Informal Bargaining

- Informal Coordination

- Democratic Grassroots Union Election

- Employer Coordination and state Intervention

Q3 Q4 Q1 Q2

Figure 3 A taxonomy of varieties of collective bargaining in China

If this is true then the policy prescriptions are clearer Below we look more closelyat the nature of collective bargaining

Emerging Variation Varieties of Collective Bargaining in China

Based on the limited available research we classify collective bargaining agreementsbased on how centralized or decentralized and how authentic or inauthentic theyare Recall our key caveat that there is relatively little published research andhence our taxonomy below (see Figure 3) is not based on a representative sampleas it should be However we want to highlight that this is by no means a staticclassification because we also see dynamism where there is movement from onequadrant to another At best this taxonomy should be seen as an initial estimateor baseline against which future research can examine progress over the comingdecade

Quadrant 1 Decentralized inauthentic collective bargaining Perhaps the most commonform of collective bargaining is what we term lsquotemplate bargainingrsquo and what other

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176 S Kuruvilla and H Zhang

researchers have described as lsquocollective contracts without collective bargainingrsquoor lsquopaper contractsrsquo (Chen 2007 Clarke et al 2004 Luo 2011) Typically thelocal government ndash often the labor administration and official union ndash develops atemplate for a collective contract that employers and the local branch of the unionshould sign (jiti hetong fanben) In some cases the template agreement contains blankspaces for wage increases which enterprises can customize to suit their needsUsually a template agreement leaves little room for the parties to bargain overinterest-based issues (Chen 2007) This is the model of collective bargaining mostcommonly followed by the ACFTU which provides its unions with these templateagreements for various regions that employers are requested to sign and whichre-state minimum legal conditions Often employers prepare the contracts andunions simply sign them without engaging in any negotiation (Clarke et al 2004Luo 2011 Taylor Chang amp Li 2003 Wu 2012)

The ACFTU which is targeted with increasing the coverage of collectivebargaining within the country appears more interested in the quantity ofagreements signed (to meet its targets) with relatively little focus on the quality (Wu2012) Some of these template agreements are not even enforced due to weaknessesin the labor inspection regime (Wu 2012) or because the local enterprise unionsalso exist primarily lsquoon paperrsquo having been set up by the ACFTU in collaborationwith the employer often without the workersrsquo knowledge (Liu 2010) Thus thougha large majority of Chinese collective bargaining agreements hew to this type wesee them as being largely inauthentic and the most decentralized given that theyare signed at the enterprise level These have been well documented in existingstudies (Clarke et al 2004 Luo 2011 Taylor et al 2003 Warner amp Ng 1999) sowe shall not expand on them here

Quadrant 2 Decentralized authentic collective bargaining A small but growing number ofcollective bargaining agreements at the firm level can be termed more authenticalthough there is some variation to the extent that they truly encapsulate genuinebargaining There are three different ways in which this type of collective bargainingis happening One and perhaps the most authentic form of collective bargainingis the negotiations that take place after a strike as Elfstrom amp Kuruvilla (2014)suggest The best known case of strike-triggered bargaining is the Honda NanhaiTransmission plantrsquos strike in 2010 that resulted in substantial wage increases forworkers and later also triggered a strike wave in the local and national auto industryleading to substantial wage negotiation in many of those cases as well (Hui 2011)Since a strike when it occurs is frequently settled by negotiations these days (Chang2013) the steady growth in the number of strikes implies growth in more authenticcollective bargaining There is increasing research that suggest that strikes beforeand during the 2010 strike wave were settled via negotiations between provisionallyelected workersrsquo representatives and employers (Chen 2010 Meng 2012 MengLu Lei Wang amp Chang 2011) Some of these strike-based settlements have beenoften facilitated by the mediation of local governments and official unions and

Ccopy 2016 The International Association for Chinese Management Research

Labor Unrest and Collective Bargaining 177

the state in various places has appeared to prefer using this approach rather thansuppressing striking workers (Chang 2013 Gallagher 2014) Chen (2010) refersto these dispute and strike settlement mechanisms as quadripartite bargaininginvolving four actors (the state the ACFTU the employers and the workers)Strikes and post-strike settlements are an important route by which collectivebargaining is becoming institutionalized suggests Meng (2012) in his research onDalian

The second way that authentic bargaining may occur without collective actionby workers is through the direct intervention by the local government Chan andHuirsquos (2014) research on Hondarsquos (Guangzhou) 2011 bargaining round suggeststhat although a union in which workers elected their representatives and collectivebargaining were institutionalized in the firm after the 2010 strike the localgovernment directly intervened in the negotiations during the 2011 bargaininground and encouraged the parties to come to agreement Arguably the localgovernment was interested in avoiding a potential strike We refer to this as authenticbecause it is occurring in a situation where workers choose their own representativesand the local government apparently takes the process seriously However this is amore isolated case

Although much of the prior literature has focused on formal bargaining structuresto make the claim that much of Chinese collective bargaining is inauthentic Zhang(2014) makes a compelling case that we should examine informal processes whichare perhaps just as important as formal structures and constitute the third wayin which bargaining is effective He finds in his study of the auto industry inTianjin that while formal bargaining looks just as formalistic as many other casesmuch of the real negotiation takes place at both enterprise and industry levelsthrough informal processes of coordination and negotiations that have resultedin meaningful outcomes Although there have not been strikes or governmentintervention in the auto-industry bargaining cases in Tianjin that Zhang examineshis research points to the active role of the firm union in ensuring substantialnegotiation Thus there are many different ways in which authentic bargaining iscarried out

Quadrant 3 Centralized and inauthentic collective bargaining A major strategy of theACFTUrsquos Rainbow Plan can be found in its effort to carry out regional and industry-level bargaining seen as necessary to bring employees of small and medium sizedfirms under collective bargaining coverage (Wu 2012) And as noted the ACFTUrsquosefforts are complemented by the state apparatus where key state departmentsoften take the lead in mobilizing employers For instance in the second authorrsquosongoing research he finds that in the case of hospitals in Tianjin the districtunion successfully mobilized the employers by leveraging the district Bureau ofPublic Health (BOPH) ndash a state institution in charge of examining approving andsupervising all local public health affairs ndash to create an industry wide collectivebargaining agreement However it was not clear that workers were aware of the

Ccopy 2016 The International Association for Chinese Management Research

178 S Kuruvilla and H Zhang

agreement nor was it clear that the agreement was enforced Similar efforts arealso identified in Tianjinrsquos construction industry as well as in other regions in Wursquos(2012) research

While we need more cases to draw firmer conclusions thus far what is clear isthat many of these industry-wide agreements are either formalistic or have shownthemselves to be ineffective and not institutionalized Similar to that of decentralizedand formalistic bargaining the reasons for ineffectiveness at this level include theunionrsquos focus on formalistic terms the absence of strict enforcement and oftenworker ignorance of the terms of the agreement or that they were represented bya union (a frequent issue when union representatives are not directly elected) (Wu2012) A classic example here is Friedmanrsquos (2014b) study of sectoral bargainingin Ruirsquoan eyeglass cluster in Zhejiang Province where workers interviewed indeedknew nothing about the industry level contract that covered them Probably thebest-known case of failure of enforcement of collective bargaining can be foundin Wuhan where the local government in a top-down process initiated sectoralnegotiations in 2011 in the restaurant industry Although the sectoral contract hasset wage terms for over 450000 workers from 40000 different establishments in2011 (Xie amp Guo 2011) and has been renegotiated successfully over the last threeyears which has been well covered by mass media recent research (Xie ChenChen amp Xiao 2012) shows that only 569 of employees surveyed were receivingthe wages stipulated in the contract

Despite these issues the ACFTU continues to focus on building collectivebargaining institutions at the industry and regional levels In Guangzhou forinstance the official union has organized the construction industry although nocollective bargaining has been successfully achieved (Friedman 2014b) In additionunion organizing by region has also been identified in areas with clusters of smallbusinesses such as community unions village union associations market unionsoffice building unions and union associations by ownership in development zones(Liu 2010) But we are skeptical of the prospects for institutionalization of collectivebargaining at the regional level given the heterogeneity in industries and firms ina region and given that often workers are not aware of the agreement nor do theyelect their representatives

Quadrant 4 Centralized authentic collective bargaining There are a few instances ofcentralized sectoral bargaining that qualify as authentic Unlike the previousexamples where it was either the local government or the ACFTU that was theprimary engine behind the development of collective bargaining in the case ofWenling the employers were the ones who initiated the project Wenling a town inZhejiang Province contains a knitwear cluster with more than 130 firms employingabout 12000 workers in 2002 In this case employers began spontaneous wagecoordination in an effort to deal with the rising turnover as a result of whatwas an acute labor shortage (Xu 2005) They formed an employer association in2000 and institutionalized wage coordination amongst themselves although not all

Ccopy 2016 The International Association for Chinese Management Research

Labor Unrest and Collective Bargaining 179

employers came on board By 2003 the local government stepped in establishingan industrial union which ultimately signed an industry-wide agreement with theemployer association (Wen amp Lin 2015) That contract has been renegotiated everyyear since and is stable although it overwhelmingly focuses on the piece-rates andnot other working conditions Moreover it is a clear case of relatively authenticcollective bargaining arrangement in terms of how well the contract is enforcedThe second author interviewed workers in the industry in 2013 and found that thepiece-rates that were used to pay them was higher than or equal to those stipulatedin the contract

The Wenling model is being increasingly diffused to other areas In all 15industries ndash including the pump sector in a town named Zeguo (Liu 2010) ndashhave carried out similar bargaining by 2012 covering roughly 6100 enterprisesand 400000 workers (Zhang amp Shi 2012) There are reports of cases developingin other textile and garment (Luthje Luo amp Zhang 2013 269) as well as othermanufacturing clusters (Lee 2011) The commonalities across these lsquosuccessfulcasesrsquo is that they are negotiating about the piece-rate at the industry level andwage coordination was welcomed by small and medium-sized firms in order toreduce turnover in a labor shortage situation Therefore success seems to be in partdetermined by employer interest and readiness for collective bargaining as well

DISCUSSION

Moving across Quadrants The Future of Collective Bargaining andThe Roles of Unions and Employers

While the above taxonomy presents a static picture of the varieties of collectivebargaining in China it is important to incorporate a dynamic element specificallywhat makes it possible to move from inauthentic to more authentic collectivebargaining and how might decentralized bargaining connect with more centralizedstructures to create more worker solidarity

How might we expect movement from inauthentic to more authentic bargainingat the firm level (ie from Quadrant 1 to Quadrant 2) Certainly as discussedearlier strikes could trigger such a movement But there are other ways as wellOne strategy recently adopted in Guangzhou and Shenzhen is the grassroots unionelection (namely direct election for grassroots trade union cadres [gonghui zhixuan])When workers are able to elect their own representatives rather than having unionleaders decided by the regional official union or the enterprise it builds the localunionsrsquo autonomy and independence and is one necessary step for the growth ofauthentic bargaining This focus on direct election is growing For instance theShenzhen Federation of Trade Unions announced in 2012 that 163 enterpriseswith more than 1000 employees would all adopt direct election (Eastmoney 2012)The second authorrsquos interview with a key informant involved in Shenzhenrsquos unionelection revealed that approximately 1000 out of the 30000 enterprise unions

Ccopy 2016 The International Association for Chinese Management Research

180 S Kuruvilla and H Zhang

in Shenzhen had lsquocarried out or reached the level of direct union election (dadao

zhixuan shuiping)rsquo by August 2011 In Guangzhou Peng amp Du (2010) report thatseveral hundred of the over 50000 firm unions had been directly elected by 2010The case of direct union elections in Omron (Shenzhen) has been documented inWen (2013) and Hui amp Chanrsquos (2014) work Yet we need more research to properlyevaluate how these elections are conducted

Although the efficacy of direct union elections has been debated (some argue thatthese elections were manipulated by employers or local officials others questionthe degree to which these will be institutionalized in todayrsquos political climate inChina and some suggest that there is rising opposition to direct elections fromboth employers and the state (Chan 2009 Howell 2008 Wen 2013) the availableevidence (Hui amp Chan 2014 Wen 2013) and more recent first hand evidence fromour research in Guangzhoursquos auto industry suggests that thus far democratic unionelections facilitates collective bargaining with real negotiation between workers andemployers including some conflictual negotiations that result in real rather thanformalistic outcomes and hence are more authentic

Movement from Quadrant 3 to 4 (ie from less authentic to more authenticbargaining at the centralized level) appears possible when employers take the firststep in coordinating through employer associations and when the local governmentdirectly intervenes to create industry wide settlements as suggested by the Wenlingmodel However given the lack of a real connection between unions at this leveland the workers they represent and the heterogeneous workplaces that makedirect election of representatives more difficult we are not convinced that such amovement is imminent In addition there are a number of implementation andenforcement failures such as in the case of the restaurant industry in Wuhan thatsuggest the difficulty of achieving meaningful collective bargaining coverage for anentire regional industry

There is some evidence of increased coordination between decentralized andcentralized levels Zhang (2014) finds evidence of links between industry wagestructures and firm level bargaining in a circumstance when lead and supplierfirms belonging to the same value chain in the local labor market are involvedThis indicates some degree of dynamism distinct from the mostly static pictureimplied by our classification This movement of informal coordination appearssimilar to those practices in the West especially in Europe although perhaps it isat a more incipient stage here As Chinese employers in a cluster or industry beginto build better institutional structures to facilitate coordination that will stimulatea similar movement amongst workers and unions and thereby promote industrywide bargaining as well as firm level bargaining

CONCLUSION

In this paper we examine the growth of strikes and collective bargaining in ChinaUsing McAdamrsquos political process model we argued that Chinese workers are

Ccopy 2016 The International Association for Chinese Management Research

Labor Unrest and Collective Bargaining 181

striking more and proactively after 2008 The Chinese state has encouraged thegrowth of collective bargaining although its motivations for doing so could beattributed to different interests such as providing a mechanism to resolve laborconflict or to increase wages in its effort to lsquorebalancersquo the economy a necessarycondition to avoid the middle income trap We argued further that we wouldexpect to see considerable variation in collective bargaining based on the differentialinterests of central and local states who are enjoying more autonomy than theydid in the past And our analysis of the official union (ACFTU) and the crises ofidentity and legitimacy that it faces led us to expect that collective bargaining willbe predominantly inauthentic

The evidence largely supports our expectations Chinese workers are clearlystriking more after 2008 and the numbers of strikes from two different sets of datashow steady increases Collective bargaining has also grown sharply after 2008 butthe key agent charged with the responsibility of increasing bargaining coverage (theACFTU) tends to view it generally as a bureaucratic exercise Hence our findingthat much of the incipient collective bargaining in China hews to the inauthenticside of the continuum We also find considerable variation however in collectivebargaining This variation is attributable to the willingness of the state to allowexperimentation and it would appear that different industrial relations actors ielocal labor bureaucracies local employers and local unions exercise considerablefreedom to develop particular structures

While our taxonomy presents a static picture of collective bargaining in Chinatoday we also highlight how it may change in the future under the presentinstitutional structure We have identified several conditions that are necessary forbargaining arrangements to move towards greater authenticity Specifically eventhough the Chinese state is unlikely to permit workers to affiliate with unions of theirchoice reforms within the ACFTU that move it in the direction of increasing itsrepresentative function is one avenue for change An amendment to the GuangdongProvincial Regulation on Collective Contracts for Enterprises is in our view onepathway to more authentic bargaining The regulation is detailed covering notonly the content and subject matter of collective bargaining but includes extensiveprovisions regarding various aspects of collective negotiations Most crucially theregulation specifies clearly that lsquonegotiation representatives of the employees of thefirm must either be selected by the trade union or democratically elected by thestaff and workersrsquo ndash the first time that democratic elections have been specified inany provincial legislation regarding collective bargaining

However despite the growth and variation that we see and despite the promiseimplicit in the Guangdong regulations overall our paper suggests that collectivebargaining in China is at a very incipient stage At this point in 2015 our initialanalyses would suggest that the institution of collective bargaining in China is moreeffective at increasing wages thereby meeting the statersquos interest in rebalancing theeconomy and less effective in meeting the statersquos alternative interest ie representingworkers adequately so as to reduce industrial conflict

Ccopy 2016 The International Association for Chinese Management Research

182 S Kuruvilla and H Zhang

Under what conditions could collective bargaining meet the statersquos alternativeinterest This requires that Chinese unions overcome their problems of identity andlegitimacy A necessary condition is that the state must be willing to provide theunions with more independence What might bring this about The state wouldbe willing to do so if the legitimacy of the CCP is under threat And that couldhappen if industrial conflict and labor exploitation continue to increase despite thenew laws and union activity

However recent decisions suggest that the state has elected to follow an alternativeapproach of improving bargaining effectiveness with more centralization ratherthan providing local union autonomy In 2014 the ACFTU introduced a newfive-year plan (2014ndash2018) to promote collective bargaining Simultaneously inorder to improve collective bargaining effectiveness the ACFTU has adoptednew guidelines to its locals These include the notion that 100 of the workerscovered under CB should be aware of the bargaining and have provided themwith relatively centralized formats that would permit aggregation of data onwages More importantly in May 2015 the central government and CCP releasedlsquoSuggestions for Establishing Harmonious Labor Relationsrsquo ndash the first time thatharmonious labor relations were promoted at the central level in a special documentThese actions suggest that the CCP has acknowledged the shortcomings of thecurrent collective bargaining system (ie poor implementation poor quality ofagreements and the ACFTUs general inability to represent workers) and thethreat of continued industrial conflict to its own legitimacy but is still leery ofproviding local unions and workers with more autonomy that might result in thesuccessful institutionalization of bargaining

How does the development of Chinese unions and collective bargaininginstitutions compare with other Asian nations We might look to both Taiwanand South Korea for parallels Japan however is less comparable because thepost-war development of both unions and collective bargaining developed intandem with democratization (Gould 1984) and was led by employers whointroduced the famous pillars of lifetime employment seniority based wages andenterprise unions in search of labor stability (Hashimoto 1991) In both Koreaand Taiwan however the export oriented industrialization regimes adopted byauthoritarian governments entailed a high degree of control of labor Ratherlike China today Taiwanrsquos policies then required the unions to be affiliated toone central federation (the Chinese Federation of Labor) which was controlled bythe Kuomintang regime (Deyo 1987) Korea adopted a similar approach with thecreation of the Federation of Korean Trade Unions created by the governmentHowever in contrast to Taiwan (where the workforce was mostly composed oflabor working in agriculture and small scale industries) Korearsquos labor movementeven under authoritarian governments developed a stronger working class identityDeyo (1987) and Chu (1998) argue due to the tradition of nationalist mobilizationagainst the Japanese occupation large sized firms involved in heavy industries andhigh industry concentration Both countries democratized in the late 1980s Given

Ccopy 2016 The International Association for Chinese Management Research

Labor Unrest and Collective Bargaining 183

their historical weakness the labor movement in Taiwan did not play a major rolein the democratization processes unlike the Korean labor movement which was acentral player in the process in Korea Consequently post democratization Koreanunions aggressively demonstrated their power through waves of strikes (Chu 1998)that resulted in the formal institutionalization of a new industrial relations regimealong pluralist lines Taiwanrsquos labor movement given its historical weakness did notassert themselves as strongly after democratization although a new labor relationsregime developed thereafter Thus although there was broad similarity in termsof state control of labor in Korea Taiwan and China that similarity ended in the1980s upon democratization in Korea and Taiwan The Chinese labor movementstill remains under state control and the future evolution of both labor unions andcollective bargaining is as we have argued earlier in this paper dependent on CCPrsquosstrategies

Having developed a lsquobaselinersquo taxonomy of collective bargaining how mightfuture research advance our knowledge about collective bargaining in China Mostimportantly we need research (detailed case studies) on how collective bargainingis conducted in different parts of China As Friedman and Kuruvilla (2014) haveargued there is much experimentation and decentralization and more empiricalevidence of these processes are clearly necessary in order to evaluate what worksbest in which locations and why We specifically need more case studies ofauthentic bargaining Second we need analyses of collective bargaining contracts(on both a national and regional scale) in order to determine which are the keyissues of contention between management and labor and how they are changingovertime More research on the various experiments regarding union electionsand the impact of these on bargaining processes and outcomes is a key need aswell Thus there are plenty of opportunities for cutting edge research in collectivebargaining in China and we hope that Chinese management scholars would answerthis call for research into a crucial national human resource issue

NOTES

We thank Manfred Elfstrom and Eli Friedman for comments on an earlier version of this article andthe faculty at Renmin University School of Labor and Human Resources for hosting us[1] There have been various administrative provisions for collective negotiations since 1994 but

legal backing was only granted via the Labor Contract Law beginning in January 2008[2] According to the National Bureau of Statistics (NBS) the term lsquoenterprises above designated

sizersquo points to those industrial legal person enterprises whose yearly main business incomes equalto or are more than 5 million yuan (2009)

[3] The political geography in China divides the country into three levels of bureaucracies below thenational level namely the provincial level the citycounty level and the township level (Note thata village government is not an official bureaucracy but a villagersrsquo self-management organization)However as a legacy of the Kuomintang regime most cities include and administrate severalcounties and therefore the de facto bureaucratic system in China ndash according to which bothofficial unions and governments are structured ndash actually has four levels ie the provincial levelthe city level the countydistrict level and the township level

[4] We admit the possibility that the growing trend may be partially because of a betterdocumentation system now than before

Ccopy 2016 The International Association for Chinese Management Research

184 S Kuruvilla and H Zhang

REFERENCES

Bandurski D 2008 Taxi strikes in China highlight changing press controls China Media Project[Cited 31 March 2015] Available from URL httpcmphkuhk200811121344

Blecher M 1991 Development state entrepreneurial state The political economy of socialist reformin Xinji Municipality and Guanghan County In G White (Ed) The Chinese state in theera of economic reform The road to crisis 265ndash294 Basingstoke Macmillan

Blecher M amp Shue V 1996 Tethered deer Government and economy in a Chinese countyStanford CA Stanford University Press

Brown R 2006 Chinarsquos collective contract provisions Can collective negotiations embody collectivebargaining Duke Journal of Comparative and International Law 35 35ndash77

Cai F 2007 Zhongguo jingji mianlin de zhuanzhe jiqi dui fazhan he gaige de tiaozhan (The turningpoint faced by the Chinese economy and the challenge it presents to development and reform)Zhongguo Shehui Kexue (Social Sciences in China) 2007(3) 4ndash12

Chan A 1993 Revolution or corporatism Workers and trade unions in post-Mao China TheAustralian Journal of Chinese Affairs 29 31ndash61

Chan A 2009 Challenges and possibilities for democratic grassroots union elections in China Acase study of two factory-level elections and their aftermath Labor Studies Journal 34(3)293ndash317

Chan C K C amp Hui E S I 2014 The development of collective bargaining in China Fromlsquocollective bargaining by riotrsquo to lsquoparty state-led wage bargainingrsquo The China Quarterly217(1) 221ndash242

Chan K W 2010 A China paradox Migrant labor shortage amidst rural labor supply abundanceEurasian Geography and Economics 51(4) 513ndash530

Chang K 2013 Laogong guanxi jitihua zhuanxing yu zhengfu laogong zhengce de wanshan (Thecollective transformation of industrial relations and improvement of labor policies) ZhongguoShehui Kexue (Social Sciences in China) 2013(6) 91ndash108

Chen F 2003 Between the state and labour The conflict of Chinese trade unionsrsquo double identityin market reform The China Quarterly 176 1006ndash1028

Chen F 2007 Individual rights and collective rights Laborrsquos predicament in China Communistand Post-Communist Studies 40(1) 59ndash79

Chen F 2010 Trade unions and the quadripartite interactions in strike settlement in China TheChina Quarterly 201 104ndash124

Chu Y W 1998 Labor and democratization in South Korea and Taiwan Journal ofContemporary Asia 28(2) 185ndash202

Clarke S Lee C amp Li Q 2004 Collective consultation and industrial relations in China BritishJournal of Industrial Relations 42(2) 235ndash254

Deyo F C 1987 State and labor Modes of political exclusion in the East Asian development InF C Deyo (Ed) The political economy of the new Asian industrialism Ithaca NYCornell University Press

Eastmoney 2010 Zhixuan gonghui zhihou (After the direct election of the union)[Cited 14 September 2013] Available from URL httpmoneyeastmoneycomnews158320120918251427566html

Eisenhardt K 1989 Building theories from case study research Academy of ManagementReview 14(4) 532ndash550

Elfstrom M amp Kuruvilla S 2014 The changing nature of labor unrest in China Industrial andLabor Relations Review 67(2) 453ndash480

Frenkel S amp Kuruvilla S 2002 Logics of action globalization and changing employment relationsin China India Malaysia and the Philippines Industrial and Labor Relations Review55(3) 387ndash412

Friedman E D 2014a Insurgency trap Labor politics in postsocialist China Ithaca NYCornell University Press

Friedman E D 2014b Economic development and sectoral unions in China Industrial andLabor Relations Review 67(2) 481ndash503

Friedmand E D amp Kuruvilla S 2015 Experimentation and decentralization in Chinese industrialrelations Human Relations 68(2) 181ndash195

Friedman E amp Lee C K 2010 Remaking the world of Chinese labour A 30-year retrospectiveBritish Journal of Industrial Relations 48(3) 507ndash533

Ccopy 2016 The International Association for Chinese Management Research

Labor Unrest and Collective Bargaining 185

Gallagher M E 2005 Contagious capitalism Globalization and the politics of labor inChina Princeton Princeton University Press

Gallagher M E 2010 lsquoWe are not machinesrsquo Teen spirit on Chinarsquos shopfloor China Beat [Cited31 March 2015] Available from URL httpwwwthechinabeatorgp=2538

Gallagher M E amp Dong B 2011 Legislating harmony Labor law reform in contemporaryChina In S Kuruvilla C K Lee amp M E Gallagher (Eds) From iron rice bowl toinformalization Markets workers and the state in a changing China Ch3 IthacaNY Cornell University Press

Gallagher M E 2014 Chinarsquos workers movement and the end of the rapid-growth era Daedalus143(2) 81ndash95

Gould W B 1984 Japanrsquos reshaping of American labor law Cambridge MA MIT PressHashimoto M 1991 The industrial relations system in Japan An interpretation and policy

implications Managerial and Decision Economics 12 147ndash157Howell J A 2006 Reflections on the Chinese state Development and Change 37 273ndash

297Howell J A 2008 All-China Federation of Trades Unions beyond reform The slow march of direct

elections The China Quarterly 196 845ndash863Hu Y 2011 Shenme shi jiti hetong lsquoCaihong Jihuarsquo (What is the collective contract lsquoRainbow Planrsquo)

[Cited 14 September 2013] Available from URL httpwwwhaishang-lawcomArticlezhuanyeyanjiulaodongjiufen2011046155html

Hui E S I 2011 Understanding labour activism The Honda workersrsquo strike In C Scherrer (Ed)Chinarsquos labor questions Ch3 Munchen Mering Germang Rainer Hampp

Hui E S I amp Chan C K C 2014 Beyond the union-centered approach A critical evaluation ofrecent trade union elections in China British Journal of Industrial Relations

Katz H amp Darbishire O 2002 Converging divergences Worldwide changes inemployment systems Ithaca NY Cornell University Press

Katz H C Kochan T A amp Colvin A J S 2014 Labor relations in a global world Anintroduction focused on emerging countries Ithaca NY Cornell University Press

Lee C H 2011 Between the hierarchy and market Emerging mezzo-corporatistindustrial relations in China Unpublished manuscript

Lee C K 2007 Against the law Labor protests in Chinarsquos Rustbelt and Sunbelt BerkeleyUniversity of California Press

Liu M 2010 Union organizing in China Still a monolithic labor movement Industrial andLabor Relations Review 64(1) 30ndash52

Luo S 2011 Collective contracts but no collective bargaining In C Scherrer (Ed) Chinarsquos laborquestions Ch3 Munchen Mering Germang Rainer Hampp

Luthje B 2012 Diverging trajectories Economic rebalancing and labor policiesin China East-West Center Working Paper No 23 [Cited 31 March 2015] Avail-able from URL httpwwweastwestcenterorgpublicationsdiverging-trajectories-economic-rebalancing-and-labor-policies-china

Luthje B Luo S amp Zhang H 2013 Beyond the Iron Rice Bowl Regimes of productionand industrial relations in China Frankfurt amp New York Campus

McAdam D 1999 Political process and the development of Black Insurgency 1930ndash19702nd ed Chicago and London The University of Chicago Press

McDermott E P 2010 Industrial relations in China Ball of Confusion In K Townsend ampA Wilkinson (Eds) Research handbook on work and employment relations Ch16United Kingdom Edward Elgar Publishing

Meng Q 2012 Tanpan youxi zhong de lsquoshuoherenrsquo Yi DLDA qu wei li (The lsquomediatorrsquo in thebargaining game A case of DLDA) Qinghua Shehuixue Pinglun (Tsinghua SociologicalReview) 6 206ndash222

Meng Q Lu J Lei X Wang R amp Chang C 2011 2010 Zhongguo bagongchaodiaocha yu fenxi baogao (Report on the 2010 strike wave in China) Unpublishedmanuscript

OECD 2013 Protecting jobs enhancing flexibility A new look at employment protectionlegislation In OECD Employment Outlook Ch2 [Cited 31 March 2015] Available from URLhttpdxdoiorg101787empl_outlook-2013-en

Oi J 1995 The role of the local state in Chinarsquos transitional Economy The China Quarterly 1441132ndash1149

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186 S Kuruvilla and H Zhang

Peng M amp Du Q 2010 Quanzong guli tansuo gonghui zhuxi zhixuan (The ACFTUencourages direct elections of union chairs) [Cited 14 September 2013] Available fromURL httpepaperoeeeecomAhtml2010-0911content_1175401htm

Pan P P 2009 Out of Maorsquos shadow The struggle for the soul of a new China New YorkSimon amp Schuster

Rapoza K 2011 In coastal China a labor shortage Forbes [Cited 31 March2015] Available from URL httpwwwforbescomsiteskenrapoza20111220in-coastal-china-a-labor-shortage

Silver B J amp Zhang L 2009 China as an emerging epicenter of world labor unrest In H-F Hung(Ed) China and the transformation of global capitalism Baltimore Johns HopkinsUniversity Press

Stockmann D amp Gallagher M E 2011 Remote control How the media sustain authoritarian rulein China Comparative Political Studies 44(4) 436ndash467

Taylor B Chang K amp Li Q 2003 Industrial relations in China Cheltenham Edward ElgarTaylor B amp Li Q 2007 Is the ACFTU a union and does it matter Journal of Industrial

Relations 49(5) 701ndash715Taylor B amp Li Q 2010 Chinarsquos creative approach to lsquounionrsquo organizing Labor History 51(3)

411ndash428Tarrow S 1998 Power in movement Social movements and contentious politics New

York Cambridge University PressThe China Post 2012 China eyes 13 minimum wage rise in 5 years [Cited 31 March

2015] Available from URL httpwwwchinapostcomtwbusinessasia-china20120209331042China-eyeshtm

The Economist 2012 A dangerous year Unrest in China [Cited 31 March 2015] Available fromURL httpwwweconomistcomnode21543477

Unger J 2002 The transformation of rural China Armonk NY M E SharpeUnger J amp Chan A 1995 China corporatism and the East Asian model The Australian Journal

of Chinese Affairs 1995 29ndash53Venn D 2009 Legislation collective bargaining and enforcement Updating the OECD

employment protection indicators [Cited 31 March 2015] Available from URLhttpwwwoecdorgemploymentemp43116624pdf

Wang Z 2012 More workers staying near home China Daily [Cited 31 March 2015] Available fromURL httpwwwchinadailycomcnchina2012-0428content15166329htm

Warner M amp Ng S H 1999 Collective contracts in Chinese enterprises A new brand of collectivebargaining under lsquomarket Socialismrsquo British Journal of Industrial Relations 37(2) 295ndash314

Webb S amp Webb B 1897 Industrial democracy London New York amp Bombay LongmansGreen amp Co

Wen X amp Lin K 2015 Reconstituting industrial relations The experience of Wenling Journalof Contemporary China 24(94) 665ndash683

Wen X 2013 Gonghui zhixuan Guangdong shijian de jingyan yu jiaoxun (Union directelection Lessons from Guangdong) Paper presented at the 6th Annual Congress ofChina Labor Relations Association of the China Human Resource Development AssociationGuangzhou November 2013

Weston T B 2004 The iron man weeps Joblessness and political legitimacy in the Chinese rustbelt In P H Gries amp S Rosen (Eds) State and society in 21st century China Crisiscontention and legitimation 67ndash86 New York RoutledgeCurzon

Wu Q 2012 Jiti xieshang yu guojia zhudao xiade laodong guanxi zhili (Collective negotiationand state-oriented labor relations governance) Shehuixue Yanjiu (Sociological Studies)2012(3) 66ndash89

Xie Y amp Guo Y 2011 Zhongguo shi gongzi jiti xieshang moshi tansuo Wuhan shi canyin hangyegongzi jiti xieshang diaocha (A survey of collective consultation on wages in the catering industryin Wuhan) Zhongguo Laodong Guanxi Xueyuan Xuebao (Journal of China Instituteof Industrial Relations) 25(6) 54ndash58

Xie Y Chen J Chen P amp Xiao Q 2012 Zhongguo hangye gongzi jiti xieshang xiaoguode shizheng fenxi Yi Wuhan canyin hangye weili (An empirical analysis of industrialbargaining outcomes in China An example from the Wuhan restaurant and catering industry)Jingji Shehui Tizhi Bijiao (Comparative Economic and Social Systems) 2012(5)55ndash67

Ccopy 2016 The International Association for Chinese Management Research

Labor Unrest and Collective Bargaining 187

Xu X 2005 lsquoZiran zhuangtairsquo de gongzi jiti xieshang Zhongguo nanfang mouzhen yangmaoshanhangye gongzi jiti xieshang (Collective consultation and discussion on the wages under thelsquonatural conditionrsquo) Tianjin Gonghui Guanli Ganbu Xueyuan Xuebao (Journal ofTianjin Trade Union Administratorsrsquo College) 13(3) 29ndash32

Zhang H 2014 Informality in Chinarsquos collective bargaining Unpublished Masters thesisCornell University Ithaca NY

Zhang J amp Shi Y 2012 Guanyu hangye jiti xieshang qingkuang de diaocha baogao (Survey onindustrial collective negotiation) Zhongguo Laodong Guanxi Xueyuan Xuebao (Journalof China Institute of Industrial Relations) 26(4) 51ndash57

Sarosh Kuruvilla (sck4cornelledu) is Professor of Industrial RelationsAsian Studies and Public Affairs at Cornell University and Visiting Professor atthe London School of Economics His research focuses on the linkage betweeneconomic development strategies and labor and human resources policies Hehas published numerous articles and 3 books on various aspects of labor relationsin Asia He is currently researching collective bargaining in ChinaHao Zhang (hz256cornelledu) is a PhD student at Cornell UniversityrsquosSchool of Industrial and Labor Relations His primary research focus is laborand employment relations with special attention to China And he has ongoinginterests in globalization development political economy skill formationproduction and work

Manuscript received September 18 2014Final version accepted September 28 2015 (number of revisions ndash 2)Accepted by Editor-in-Chief Arie Lewin

Ccopy 2016 The International Association for Chinese Management Research

  • INTRODUCTION
  • THEORETICAL PERSPECTIVES
    • Worker Militancy
    • State Promotion of Collective Bargaining
    • Variations in Collective Bargaining
    • The Future of Collective Bargaining
      • METHODOLOGY
      • RESULTS
        • Strikes
        • Collective Bargaining
        • Emerging Variation Varieties of Collective Bargaining in China
          • DISCUSSION
            • Moving across Quadrants The Future of Collective Bargaining and The Roles of Unions and Employers
              • CONCLUSION
              • NOTES
              • REFERENCES

170 S Kuruvilla and H Zhang

associations serve as mechanisms of employersrsquo collective voice while lead firmsare indeed key players But apart from these industry-wide bargaining scenariosemployers tend to shy away from collective bargaining at the firm level except afterstrikes

Given the unionrsquos identity and legitimacy crises and the employersrsquo relative lackof interest in promoting collective bargaining at the firm level we have no basis toexpect that the institution of collective bargaining will fulfill the statersquos objectives inintroducing it as a means of containing labor conflict In what follows we discussour methodology and in our results section we attempt to categorize the variationthat we see in collective bargaining (based on very limited research) in China

METHODOLOGY

In the absence of official data we rely on alternative estimates of strikes of whichtwo sources are available The first is a website run by the China Labour Bulletina Hong Kong based NGO that collects information on worker protests and strikeslargely from news reports in Chinese newspapers but also from dissident blog sitesand through the organizationrsquos radio call in show The second is a website calledChina Strikes (Elfstrom amp Kuruvilla 2014) which also uses newspaper reportsbut also individual lsquotip-offsrsquo through their website While China Strikes has focusedon the period of 2008ndash2012 the China Labour Bulletin reports strikes from 2011onwards For the overlapping years ie 2011ndash2012 both websites have identifiedsimilar numbers of strikes However both sources of data have shortcomings Firstit is possible that both websites under-report the actual number of incidences ofworker protests and strikes since there are many incidences that do not find theirway into newspapers for a variety of reasons Second it is possible that only biggerstrikes that disrupt life outside the factory gates (such as taxi strikes) get reportedin the press And finally the criticism that these two websites may be measuringnews stories rather than real strikes is also not entirely without substance Howeverin the absence of official statistics these are the only sources of data even if theyunderstate by a significant margin the real numbers

With regard to collective bargaining our goal is to use the limited research alreadypublished and our own observations (we are currently engaged in a research projecton collective bargaining that is not yet complete) to create a taxonomy of collectivebargaining in China Given that collective bargaining is a relatively new institutionbut one that is expected to grow in the coming years establishing a taxonomy todaywill be useful as a baseline against which future studies can make comparisonsOur taxonomy uses two concepts to classify current collective bargaining Theseare the degree of centralization (or decentralization) and the degree of authenticityof collective bargaining

Whether bargaining is centralized or decentralized depends on the bargainingstructure ie the level at which bargaining takes place and the employees andemployers it covers (Katz Kochan amp Colvin 2014) In Western European

Ccopy 2016 The International Association for Chinese Management Research

Labor Unrest and Collective Bargaining 171

countries a centralized (or multi-employer) bargaining structure is instituted atlevels beyond individual firms usually at the industry or national level wherenegotiations are carried out by national or industrial level organizations of unionsand employers National level agreements are common in Austria and Swedenwhereas industry level agreements are common in Germany Netherlands andBelgium Decentralized bargaining (where agreements are negotiated by companylevel unions and their employers are more common in the US and JapanIn China the labor contract law permits both centralized and decentralizedbargaining although the centralized bargaining it envisages is actually at a moredecentralized level than in other countries Specifically the law limits regionalor industry level collective contracts in construction mining restaurant andother industries to areas below the county level[3] The statersquos rationale for thislimitation is twofold ie the need to resolve issues of employment instability laborshortages strikes high turnover low social security coverage at the county levelwhile at the same time providing an institutional structure to extend collectivebargaining coverage to workers in these difficult to organize industries ndash mostlysmall short-lived and non-unionized businesses In practice local unions oftenare reluctant to establish collective bargaining at above-county levels and regionalauthorities do not encourage this either while the state actively discourages industrywide bargaining structures above the country level Thus we will expect to seemore collective bargaining agreements at the firm level rather than industrylevel

Collective bargaining can also vary based on the degree to which bargaining isauthentic As we have noted earlier there is a clear tendency towards what are calledlsquotemplate agreementsrsquo where management and union sign a formalistic agreementthat simply re-states the minimum conditions of the law and where workers are noteven aware of these agreements These would be inauthentic agreements We definea collective bargaining agreement as authentic if it meets the following conditionswhether unions and employers actually engage in a process of negotiations whetherworkers have input into crafting the demands that the union negotiates on theirbehalf whether those negotiations result in concrete outcomes and whether theprocess is repeated more than once (a sign of institutionalization) As we will showthe majority of collective bargaining agreements tend to be inauthentic Authenticagreements are relatively few and typically they occur after a strike since the strikeby workers needs to be settled and it can only be settled by negotiations

Based on our theoretical discussion with regard to strikes we would expect tosee steadily increasing numbers of strikes offensive in nature all across the countryalong with steadily increasing conflict rates Based on our analysis of the centraland local statesrsquo multiple interests we would expect to see steady growth in thenumber of collective bargaining agreements since 2008 and significant variationFinally based on our analysis of the ACFTU and employersrsquo associations we wouldexpect to see many inauthentic agreements and a preponderance of firm levelbargaining

Ccopy 2016 The International Association for Chinese Management Research

172 S Kuruvilla and H Zhang

Table 1 Strikes in China 2008ndashAugust 2014

Year

Number of

strikes

Average number of

strikes per month

2008 47 42009 32 32010 88 72011 233 192012 393 332013 656 552014 (till August) 644 81

(Source The 2008ndash2012 data about China are fromChina Strikes website available from URL httpschinastrikescrowdmapcom The 2013 data aboutChina are from China Labor Bulletin available fromURL httpwwwnumblecomPHPmysqlclbmapehtml)

6 916

0

20

40

60

80

100

120

140

Jan-

08

Jun-

08

Nov

-08

26

Apr-

09

Sep-

09

Feb-

10

Jul-1

0

17

31 3541

Dec-

10

May

-11

Oct

-11

Mar

-12

49

7265

78

64

119

Aug-

12

Jan-

13

Jun-

13

Nov

-13

105

-

Chin

Chin

a Strikes

a Labor Bullen

Figure 2 Monthly strikes in China 2008ndash2014 (Source China Labor Bulletin available fromURL httpwwwnumblecomPHPmysqlclbmapehtml and China Strikes available from URLhttpschinastrikescrowdmapcom)

RESULTS

Strikes

China Strikes reports a total of 793 strikes during the 2008ndash2012 period whilethe China Labour Bulletin indicates a total of 1867 strikes between Jan 2011 andAugust 2014 Table 1 shows counts of strikes after integrating estimates from bothwebsites What is notable is that the average frequency of strikes per month hasbeen increasing steadily Figure 2 graphs this trend[4] Chinese workers appear tobe striking more and longer indicative of their bargaining power

If one assumes as we argued that the Chinese data represents a massiveundercount of reality then clearly China is the lsquostrike capitalrsquo of the world withmore strikes per year than most other countries An alternative way of examiningwhether there is conflict in the system is to look at the number of labor disputes in

Ccopy 2016 The International Association for Chinese Management Research

Labor Unrest and Collective Bargaining 173

Table 2 Labor disputes in China (2000ndash2012 every alternative year)

2000 2002 2004 2006 2008 2010 2012

Annual Average

Growth Rate

Number of casesaccepted

135206 184116 260471 317162 693465 600865 641202 1385

Number ofworkersinvolved

422617 608396 764981 679312 1214328 815121 882487 633

Number ofcollective labordisputes

8247 11024 19241 13977 21880 9314 7252 minus 107

Number ofworkersinvolved incollective labordisputes

259445 374956 477992 348714 502713 211755 231894 minus 093

Number of casessettled

130688 178744 258678 310780 622719 634041 643292 1420

Number of casessettled bymediation

41877 50925 83400 104435 221284 250131 302552 1791

Number of casessettled byarbitrationlawsuit

54142 77340 110708 141465 274543 266506 268530 1428

Cases mediatedbefore accepted

77342 70840 130321 237283 163997 212937 1066

(Source China Labor Statistical Yearbook 2013)

China As the data in Table 2 suggests the number of labor disputes in China hasalso increased over the last few years

In sum and despite problems with the available data our research suggeststhat Chinese workers are increasingly militant and that the number of strikes inChina seems to be steadily increasing as are other indicators of industrial conflictconsistent with our expectations

Collective Bargaining

The published data show considerable growth in collective bargaining in Chinafrom 2006 onward As is apparent from Table 3 the annual growth rates in thenumber of collective contracts are high nearly 20 per year The number ofenterprises being covered by the contracts has been growing by almost 100 peryear indicating a great expansion of multi-employer ndash industrial and regionalndash contracts as well Clearly therefore the statersquos encouragement of collectivebargaining has been successful in quantitative terms Yet the growth in collectivebargaining does not show an appreciable decline in industrial conflict measuredby strikes or data on industrial disputes At a preliminary level this suggests thatthe statersquos encouragement of collective bargaining as a method of reducing conflict

Ccopy 2016 The International Association for Chinese Management Research

174 S Kuruvilla and H Zhang

Table 3 Growth of collective bargaining in China 2005ndash2010

2005 2006 2007 2008 2009 2010

Average Annual

Growth Rate

Number ofcollectivebargainingcontracts onwages

251794 304978 343329 410606 512151 608483 1930

Number ofenterprisescovered

41306 525964 622063 774501 901665 1115874 9334

Staff andworkerscovered bycollectivebargaining

35312320 37145872 39685737 51101198 61776321 75657331 1646

(Source China Trade Union Yearbooks 2006ndash2011)

Table 4 Wage growth in China (2000ndash2013)

Year

Average Yearly

Nominal

Wages (yuan) Growth of Nominal Wages Growth of Real Wages

2000 9333 122 1132001 10834 161 1532002 12373 142 1542003 13969 129 1192004 15920 140 1032005 18200 143 1252006 20856 146 1292007 24721 185 1342008 28898 169 1072009 32244 116 1262010 36539 133 982011 41799 144 862012 46769 119 902013 51483 101 73

(Source China Statistical Yearbook 2014)

and strikes is not successful or to be conservative not successful yet At the sametime data on wages show steady growth (see Table 4) We can draw two differentconclusions from this limited data One is that the key interest of the state wasnot to reduce conflict via the introduction of collective bargaining but to increaseand stabilize wages If this conception of the statersquos interest is correct then itprovides support for the argument that the state is acting in lsquodevelopmentalrsquo waysin encouraging collective bargaining as an instrument to rebalance the economy Analternative explanation is that the state does want to introduce collective bargainingin order to reduce conflict (as has been done in most parts of the world) but thequality of collective bargaining is not very good and hence does not meet that goal

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Labor Unrest and Collective Bargaining 175

FormalisticIneffective AuthenticEffective

Centralization

Decentralization

- Industry-wide Agreements that are ineffective egWuhan Restaurants

- Well established industry wide agreements eg The Wenling Model

- Template Bargaining

- Strike-triggered Bargaining

- State-intervened Bargaining

- Informal Bargaining

- Informal Coordination

- Democratic Grassroots Union Election

- Employer Coordination and state Intervention

Q3 Q4 Q1 Q2

Figure 3 A taxonomy of varieties of collective bargaining in China

If this is true then the policy prescriptions are clearer Below we look more closelyat the nature of collective bargaining

Emerging Variation Varieties of Collective Bargaining in China

Based on the limited available research we classify collective bargaining agreementsbased on how centralized or decentralized and how authentic or inauthentic theyare Recall our key caveat that there is relatively little published research andhence our taxonomy below (see Figure 3) is not based on a representative sampleas it should be However we want to highlight that this is by no means a staticclassification because we also see dynamism where there is movement from onequadrant to another At best this taxonomy should be seen as an initial estimateor baseline against which future research can examine progress over the comingdecade

Quadrant 1 Decentralized inauthentic collective bargaining Perhaps the most commonform of collective bargaining is what we term lsquotemplate bargainingrsquo and what other

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176 S Kuruvilla and H Zhang

researchers have described as lsquocollective contracts without collective bargainingrsquoor lsquopaper contractsrsquo (Chen 2007 Clarke et al 2004 Luo 2011) Typically thelocal government ndash often the labor administration and official union ndash develops atemplate for a collective contract that employers and the local branch of the unionshould sign (jiti hetong fanben) In some cases the template agreement contains blankspaces for wage increases which enterprises can customize to suit their needsUsually a template agreement leaves little room for the parties to bargain overinterest-based issues (Chen 2007) This is the model of collective bargaining mostcommonly followed by the ACFTU which provides its unions with these templateagreements for various regions that employers are requested to sign and whichre-state minimum legal conditions Often employers prepare the contracts andunions simply sign them without engaging in any negotiation (Clarke et al 2004Luo 2011 Taylor Chang amp Li 2003 Wu 2012)

The ACFTU which is targeted with increasing the coverage of collectivebargaining within the country appears more interested in the quantity ofagreements signed (to meet its targets) with relatively little focus on the quality (Wu2012) Some of these template agreements are not even enforced due to weaknessesin the labor inspection regime (Wu 2012) or because the local enterprise unionsalso exist primarily lsquoon paperrsquo having been set up by the ACFTU in collaborationwith the employer often without the workersrsquo knowledge (Liu 2010) Thus thougha large majority of Chinese collective bargaining agreements hew to this type wesee them as being largely inauthentic and the most decentralized given that theyare signed at the enterprise level These have been well documented in existingstudies (Clarke et al 2004 Luo 2011 Taylor et al 2003 Warner amp Ng 1999) sowe shall not expand on them here

Quadrant 2 Decentralized authentic collective bargaining A small but growing number ofcollective bargaining agreements at the firm level can be termed more authenticalthough there is some variation to the extent that they truly encapsulate genuinebargaining There are three different ways in which this type of collective bargainingis happening One and perhaps the most authentic form of collective bargainingis the negotiations that take place after a strike as Elfstrom amp Kuruvilla (2014)suggest The best known case of strike-triggered bargaining is the Honda NanhaiTransmission plantrsquos strike in 2010 that resulted in substantial wage increases forworkers and later also triggered a strike wave in the local and national auto industryleading to substantial wage negotiation in many of those cases as well (Hui 2011)Since a strike when it occurs is frequently settled by negotiations these days (Chang2013) the steady growth in the number of strikes implies growth in more authenticcollective bargaining There is increasing research that suggest that strikes beforeand during the 2010 strike wave were settled via negotiations between provisionallyelected workersrsquo representatives and employers (Chen 2010 Meng 2012 MengLu Lei Wang amp Chang 2011) Some of these strike-based settlements have beenoften facilitated by the mediation of local governments and official unions and

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Labor Unrest and Collective Bargaining 177

the state in various places has appeared to prefer using this approach rather thansuppressing striking workers (Chang 2013 Gallagher 2014) Chen (2010) refersto these dispute and strike settlement mechanisms as quadripartite bargaininginvolving four actors (the state the ACFTU the employers and the workers)Strikes and post-strike settlements are an important route by which collectivebargaining is becoming institutionalized suggests Meng (2012) in his research onDalian

The second way that authentic bargaining may occur without collective actionby workers is through the direct intervention by the local government Chan andHuirsquos (2014) research on Hondarsquos (Guangzhou) 2011 bargaining round suggeststhat although a union in which workers elected their representatives and collectivebargaining were institutionalized in the firm after the 2010 strike the localgovernment directly intervened in the negotiations during the 2011 bargaininground and encouraged the parties to come to agreement Arguably the localgovernment was interested in avoiding a potential strike We refer to this as authenticbecause it is occurring in a situation where workers choose their own representativesand the local government apparently takes the process seriously However this is amore isolated case

Although much of the prior literature has focused on formal bargaining structuresto make the claim that much of Chinese collective bargaining is inauthentic Zhang(2014) makes a compelling case that we should examine informal processes whichare perhaps just as important as formal structures and constitute the third wayin which bargaining is effective He finds in his study of the auto industry inTianjin that while formal bargaining looks just as formalistic as many other casesmuch of the real negotiation takes place at both enterprise and industry levelsthrough informal processes of coordination and negotiations that have resultedin meaningful outcomes Although there have not been strikes or governmentintervention in the auto-industry bargaining cases in Tianjin that Zhang examineshis research points to the active role of the firm union in ensuring substantialnegotiation Thus there are many different ways in which authentic bargaining iscarried out

Quadrant 3 Centralized and inauthentic collective bargaining A major strategy of theACFTUrsquos Rainbow Plan can be found in its effort to carry out regional and industry-level bargaining seen as necessary to bring employees of small and medium sizedfirms under collective bargaining coverage (Wu 2012) And as noted the ACFTUrsquosefforts are complemented by the state apparatus where key state departmentsoften take the lead in mobilizing employers For instance in the second authorrsquosongoing research he finds that in the case of hospitals in Tianjin the districtunion successfully mobilized the employers by leveraging the district Bureau ofPublic Health (BOPH) ndash a state institution in charge of examining approving andsupervising all local public health affairs ndash to create an industry wide collectivebargaining agreement However it was not clear that workers were aware of the

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178 S Kuruvilla and H Zhang

agreement nor was it clear that the agreement was enforced Similar efforts arealso identified in Tianjinrsquos construction industry as well as in other regions in Wursquos(2012) research

While we need more cases to draw firmer conclusions thus far what is clear isthat many of these industry-wide agreements are either formalistic or have shownthemselves to be ineffective and not institutionalized Similar to that of decentralizedand formalistic bargaining the reasons for ineffectiveness at this level include theunionrsquos focus on formalistic terms the absence of strict enforcement and oftenworker ignorance of the terms of the agreement or that they were represented bya union (a frequent issue when union representatives are not directly elected) (Wu2012) A classic example here is Friedmanrsquos (2014b) study of sectoral bargainingin Ruirsquoan eyeglass cluster in Zhejiang Province where workers interviewed indeedknew nothing about the industry level contract that covered them Probably thebest-known case of failure of enforcement of collective bargaining can be foundin Wuhan where the local government in a top-down process initiated sectoralnegotiations in 2011 in the restaurant industry Although the sectoral contract hasset wage terms for over 450000 workers from 40000 different establishments in2011 (Xie amp Guo 2011) and has been renegotiated successfully over the last threeyears which has been well covered by mass media recent research (Xie ChenChen amp Xiao 2012) shows that only 569 of employees surveyed were receivingthe wages stipulated in the contract

Despite these issues the ACFTU continues to focus on building collectivebargaining institutions at the industry and regional levels In Guangzhou forinstance the official union has organized the construction industry although nocollective bargaining has been successfully achieved (Friedman 2014b) In additionunion organizing by region has also been identified in areas with clusters of smallbusinesses such as community unions village union associations market unionsoffice building unions and union associations by ownership in development zones(Liu 2010) But we are skeptical of the prospects for institutionalization of collectivebargaining at the regional level given the heterogeneity in industries and firms ina region and given that often workers are not aware of the agreement nor do theyelect their representatives

Quadrant 4 Centralized authentic collective bargaining There are a few instances ofcentralized sectoral bargaining that qualify as authentic Unlike the previousexamples where it was either the local government or the ACFTU that was theprimary engine behind the development of collective bargaining in the case ofWenling the employers were the ones who initiated the project Wenling a town inZhejiang Province contains a knitwear cluster with more than 130 firms employingabout 12000 workers in 2002 In this case employers began spontaneous wagecoordination in an effort to deal with the rising turnover as a result of whatwas an acute labor shortage (Xu 2005) They formed an employer association in2000 and institutionalized wage coordination amongst themselves although not all

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Labor Unrest and Collective Bargaining 179

employers came on board By 2003 the local government stepped in establishingan industrial union which ultimately signed an industry-wide agreement with theemployer association (Wen amp Lin 2015) That contract has been renegotiated everyyear since and is stable although it overwhelmingly focuses on the piece-rates andnot other working conditions Moreover it is a clear case of relatively authenticcollective bargaining arrangement in terms of how well the contract is enforcedThe second author interviewed workers in the industry in 2013 and found that thepiece-rates that were used to pay them was higher than or equal to those stipulatedin the contract

The Wenling model is being increasingly diffused to other areas In all 15industries ndash including the pump sector in a town named Zeguo (Liu 2010) ndashhave carried out similar bargaining by 2012 covering roughly 6100 enterprisesand 400000 workers (Zhang amp Shi 2012) There are reports of cases developingin other textile and garment (Luthje Luo amp Zhang 2013 269) as well as othermanufacturing clusters (Lee 2011) The commonalities across these lsquosuccessfulcasesrsquo is that they are negotiating about the piece-rate at the industry level andwage coordination was welcomed by small and medium-sized firms in order toreduce turnover in a labor shortage situation Therefore success seems to be in partdetermined by employer interest and readiness for collective bargaining as well

DISCUSSION

Moving across Quadrants The Future of Collective Bargaining andThe Roles of Unions and Employers

While the above taxonomy presents a static picture of the varieties of collectivebargaining in China it is important to incorporate a dynamic element specificallywhat makes it possible to move from inauthentic to more authentic collectivebargaining and how might decentralized bargaining connect with more centralizedstructures to create more worker solidarity

How might we expect movement from inauthentic to more authentic bargainingat the firm level (ie from Quadrant 1 to Quadrant 2) Certainly as discussedearlier strikes could trigger such a movement But there are other ways as wellOne strategy recently adopted in Guangzhou and Shenzhen is the grassroots unionelection (namely direct election for grassroots trade union cadres [gonghui zhixuan])When workers are able to elect their own representatives rather than having unionleaders decided by the regional official union or the enterprise it builds the localunionsrsquo autonomy and independence and is one necessary step for the growth ofauthentic bargaining This focus on direct election is growing For instance theShenzhen Federation of Trade Unions announced in 2012 that 163 enterpriseswith more than 1000 employees would all adopt direct election (Eastmoney 2012)The second authorrsquos interview with a key informant involved in Shenzhenrsquos unionelection revealed that approximately 1000 out of the 30000 enterprise unions

Ccopy 2016 The International Association for Chinese Management Research

180 S Kuruvilla and H Zhang

in Shenzhen had lsquocarried out or reached the level of direct union election (dadao

zhixuan shuiping)rsquo by August 2011 In Guangzhou Peng amp Du (2010) report thatseveral hundred of the over 50000 firm unions had been directly elected by 2010The case of direct union elections in Omron (Shenzhen) has been documented inWen (2013) and Hui amp Chanrsquos (2014) work Yet we need more research to properlyevaluate how these elections are conducted

Although the efficacy of direct union elections has been debated (some argue thatthese elections were manipulated by employers or local officials others questionthe degree to which these will be institutionalized in todayrsquos political climate inChina and some suggest that there is rising opposition to direct elections fromboth employers and the state (Chan 2009 Howell 2008 Wen 2013) the availableevidence (Hui amp Chan 2014 Wen 2013) and more recent first hand evidence fromour research in Guangzhoursquos auto industry suggests that thus far democratic unionelections facilitates collective bargaining with real negotiation between workers andemployers including some conflictual negotiations that result in real rather thanformalistic outcomes and hence are more authentic

Movement from Quadrant 3 to 4 (ie from less authentic to more authenticbargaining at the centralized level) appears possible when employers take the firststep in coordinating through employer associations and when the local governmentdirectly intervenes to create industry wide settlements as suggested by the Wenlingmodel However given the lack of a real connection between unions at this leveland the workers they represent and the heterogeneous workplaces that makedirect election of representatives more difficult we are not convinced that such amovement is imminent In addition there are a number of implementation andenforcement failures such as in the case of the restaurant industry in Wuhan thatsuggest the difficulty of achieving meaningful collective bargaining coverage for anentire regional industry

There is some evidence of increased coordination between decentralized andcentralized levels Zhang (2014) finds evidence of links between industry wagestructures and firm level bargaining in a circumstance when lead and supplierfirms belonging to the same value chain in the local labor market are involvedThis indicates some degree of dynamism distinct from the mostly static pictureimplied by our classification This movement of informal coordination appearssimilar to those practices in the West especially in Europe although perhaps it isat a more incipient stage here As Chinese employers in a cluster or industry beginto build better institutional structures to facilitate coordination that will stimulatea similar movement amongst workers and unions and thereby promote industrywide bargaining as well as firm level bargaining

CONCLUSION

In this paper we examine the growth of strikes and collective bargaining in ChinaUsing McAdamrsquos political process model we argued that Chinese workers are

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Labor Unrest and Collective Bargaining 181

striking more and proactively after 2008 The Chinese state has encouraged thegrowth of collective bargaining although its motivations for doing so could beattributed to different interests such as providing a mechanism to resolve laborconflict or to increase wages in its effort to lsquorebalancersquo the economy a necessarycondition to avoid the middle income trap We argued further that we wouldexpect to see considerable variation in collective bargaining based on the differentialinterests of central and local states who are enjoying more autonomy than theydid in the past And our analysis of the official union (ACFTU) and the crises ofidentity and legitimacy that it faces led us to expect that collective bargaining willbe predominantly inauthentic

The evidence largely supports our expectations Chinese workers are clearlystriking more after 2008 and the numbers of strikes from two different sets of datashow steady increases Collective bargaining has also grown sharply after 2008 butthe key agent charged with the responsibility of increasing bargaining coverage (theACFTU) tends to view it generally as a bureaucratic exercise Hence our findingthat much of the incipient collective bargaining in China hews to the inauthenticside of the continuum We also find considerable variation however in collectivebargaining This variation is attributable to the willingness of the state to allowexperimentation and it would appear that different industrial relations actors ielocal labor bureaucracies local employers and local unions exercise considerablefreedom to develop particular structures

While our taxonomy presents a static picture of collective bargaining in Chinatoday we also highlight how it may change in the future under the presentinstitutional structure We have identified several conditions that are necessary forbargaining arrangements to move towards greater authenticity Specifically eventhough the Chinese state is unlikely to permit workers to affiliate with unions of theirchoice reforms within the ACFTU that move it in the direction of increasing itsrepresentative function is one avenue for change An amendment to the GuangdongProvincial Regulation on Collective Contracts for Enterprises is in our view onepathway to more authentic bargaining The regulation is detailed covering notonly the content and subject matter of collective bargaining but includes extensiveprovisions regarding various aspects of collective negotiations Most crucially theregulation specifies clearly that lsquonegotiation representatives of the employees of thefirm must either be selected by the trade union or democratically elected by thestaff and workersrsquo ndash the first time that democratic elections have been specified inany provincial legislation regarding collective bargaining

However despite the growth and variation that we see and despite the promiseimplicit in the Guangdong regulations overall our paper suggests that collectivebargaining in China is at a very incipient stage At this point in 2015 our initialanalyses would suggest that the institution of collective bargaining in China is moreeffective at increasing wages thereby meeting the statersquos interest in rebalancing theeconomy and less effective in meeting the statersquos alternative interest ie representingworkers adequately so as to reduce industrial conflict

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182 S Kuruvilla and H Zhang

Under what conditions could collective bargaining meet the statersquos alternativeinterest This requires that Chinese unions overcome their problems of identity andlegitimacy A necessary condition is that the state must be willing to provide theunions with more independence What might bring this about The state wouldbe willing to do so if the legitimacy of the CCP is under threat And that couldhappen if industrial conflict and labor exploitation continue to increase despite thenew laws and union activity

However recent decisions suggest that the state has elected to follow an alternativeapproach of improving bargaining effectiveness with more centralization ratherthan providing local union autonomy In 2014 the ACFTU introduced a newfive-year plan (2014ndash2018) to promote collective bargaining Simultaneously inorder to improve collective bargaining effectiveness the ACFTU has adoptednew guidelines to its locals These include the notion that 100 of the workerscovered under CB should be aware of the bargaining and have provided themwith relatively centralized formats that would permit aggregation of data onwages More importantly in May 2015 the central government and CCP releasedlsquoSuggestions for Establishing Harmonious Labor Relationsrsquo ndash the first time thatharmonious labor relations were promoted at the central level in a special documentThese actions suggest that the CCP has acknowledged the shortcomings of thecurrent collective bargaining system (ie poor implementation poor quality ofagreements and the ACFTUs general inability to represent workers) and thethreat of continued industrial conflict to its own legitimacy but is still leery ofproviding local unions and workers with more autonomy that might result in thesuccessful institutionalization of bargaining

How does the development of Chinese unions and collective bargaininginstitutions compare with other Asian nations We might look to both Taiwanand South Korea for parallels Japan however is less comparable because thepost-war development of both unions and collective bargaining developed intandem with democratization (Gould 1984) and was led by employers whointroduced the famous pillars of lifetime employment seniority based wages andenterprise unions in search of labor stability (Hashimoto 1991) In both Koreaand Taiwan however the export oriented industrialization regimes adopted byauthoritarian governments entailed a high degree of control of labor Ratherlike China today Taiwanrsquos policies then required the unions to be affiliated toone central federation (the Chinese Federation of Labor) which was controlled bythe Kuomintang regime (Deyo 1987) Korea adopted a similar approach with thecreation of the Federation of Korean Trade Unions created by the governmentHowever in contrast to Taiwan (where the workforce was mostly composed oflabor working in agriculture and small scale industries) Korearsquos labor movementeven under authoritarian governments developed a stronger working class identityDeyo (1987) and Chu (1998) argue due to the tradition of nationalist mobilizationagainst the Japanese occupation large sized firms involved in heavy industries andhigh industry concentration Both countries democratized in the late 1980s Given

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Labor Unrest and Collective Bargaining 183

their historical weakness the labor movement in Taiwan did not play a major rolein the democratization processes unlike the Korean labor movement which was acentral player in the process in Korea Consequently post democratization Koreanunions aggressively demonstrated their power through waves of strikes (Chu 1998)that resulted in the formal institutionalization of a new industrial relations regimealong pluralist lines Taiwanrsquos labor movement given its historical weakness did notassert themselves as strongly after democratization although a new labor relationsregime developed thereafter Thus although there was broad similarity in termsof state control of labor in Korea Taiwan and China that similarity ended in the1980s upon democratization in Korea and Taiwan The Chinese labor movementstill remains under state control and the future evolution of both labor unions andcollective bargaining is as we have argued earlier in this paper dependent on CCPrsquosstrategies

Having developed a lsquobaselinersquo taxonomy of collective bargaining how mightfuture research advance our knowledge about collective bargaining in China Mostimportantly we need research (detailed case studies) on how collective bargainingis conducted in different parts of China As Friedman and Kuruvilla (2014) haveargued there is much experimentation and decentralization and more empiricalevidence of these processes are clearly necessary in order to evaluate what worksbest in which locations and why We specifically need more case studies ofauthentic bargaining Second we need analyses of collective bargaining contracts(on both a national and regional scale) in order to determine which are the keyissues of contention between management and labor and how they are changingovertime More research on the various experiments regarding union electionsand the impact of these on bargaining processes and outcomes is a key need aswell Thus there are plenty of opportunities for cutting edge research in collectivebargaining in China and we hope that Chinese management scholars would answerthis call for research into a crucial national human resource issue

NOTES

We thank Manfred Elfstrom and Eli Friedman for comments on an earlier version of this article andthe faculty at Renmin University School of Labor and Human Resources for hosting us[1] There have been various administrative provisions for collective negotiations since 1994 but

legal backing was only granted via the Labor Contract Law beginning in January 2008[2] According to the National Bureau of Statistics (NBS) the term lsquoenterprises above designated

sizersquo points to those industrial legal person enterprises whose yearly main business incomes equalto or are more than 5 million yuan (2009)

[3] The political geography in China divides the country into three levels of bureaucracies below thenational level namely the provincial level the citycounty level and the township level (Note thata village government is not an official bureaucracy but a villagersrsquo self-management organization)However as a legacy of the Kuomintang regime most cities include and administrate severalcounties and therefore the de facto bureaucratic system in China ndash according to which bothofficial unions and governments are structured ndash actually has four levels ie the provincial levelthe city level the countydistrict level and the township level

[4] We admit the possibility that the growing trend may be partially because of a betterdocumentation system now than before

Ccopy 2016 The International Association for Chinese Management Research

184 S Kuruvilla and H Zhang

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Chan C K C amp Hui E S I 2014 The development of collective bargaining in China Fromlsquocollective bargaining by riotrsquo to lsquoparty state-led wage bargainingrsquo The China Quarterly217(1) 221ndash242

Chan K W 2010 A China paradox Migrant labor shortage amidst rural labor supply abundanceEurasian Geography and Economics 51(4) 513ndash530

Chang K 2013 Laogong guanxi jitihua zhuanxing yu zhengfu laogong zhengce de wanshan (Thecollective transformation of industrial relations and improvement of labor policies) ZhongguoShehui Kexue (Social Sciences in China) 2013(6) 91ndash108

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Chen F 2007 Individual rights and collective rights Laborrsquos predicament in China Communistand Post-Communist Studies 40(1) 59ndash79

Chen F 2010 Trade unions and the quadripartite interactions in strike settlement in China TheChina Quarterly 201 104ndash124

Chu Y W 1998 Labor and democratization in South Korea and Taiwan Journal ofContemporary Asia 28(2) 185ndash202

Clarke S Lee C amp Li Q 2004 Collective consultation and industrial relations in China BritishJournal of Industrial Relations 42(2) 235ndash254

Deyo F C 1987 State and labor Modes of political exclusion in the East Asian development InF C Deyo (Ed) The political economy of the new Asian industrialism Ithaca NYCornell University Press

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Eisenhardt K 1989 Building theories from case study research Academy of ManagementReview 14(4) 532ndash550

Elfstrom M amp Kuruvilla S 2014 The changing nature of labor unrest in China Industrial andLabor Relations Review 67(2) 453ndash480

Frenkel S amp Kuruvilla S 2002 Logics of action globalization and changing employment relationsin China India Malaysia and the Philippines Industrial and Labor Relations Review55(3) 387ndash412

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Friedman E D 2014b Economic development and sectoral unions in China Industrial andLabor Relations Review 67(2) 481ndash503

Friedmand E D amp Kuruvilla S 2015 Experimentation and decentralization in Chinese industrialrelations Human Relations 68(2) 181ndash195

Friedman E amp Lee C K 2010 Remaking the world of Chinese labour A 30-year retrospectiveBritish Journal of Industrial Relations 48(3) 507ndash533

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Labor Unrest and Collective Bargaining 185

Gallagher M E 2005 Contagious capitalism Globalization and the politics of labor inChina Princeton Princeton University Press

Gallagher M E 2010 lsquoWe are not machinesrsquo Teen spirit on Chinarsquos shopfloor China Beat [Cited31 March 2015] Available from URL httpwwwthechinabeatorgp=2538

Gallagher M E amp Dong B 2011 Legislating harmony Labor law reform in contemporaryChina In S Kuruvilla C K Lee amp M E Gallagher (Eds) From iron rice bowl toinformalization Markets workers and the state in a changing China Ch3 IthacaNY Cornell University Press

Gallagher M E 2014 Chinarsquos workers movement and the end of the rapid-growth era Daedalus143(2) 81ndash95

Gould W B 1984 Japanrsquos reshaping of American labor law Cambridge MA MIT PressHashimoto M 1991 The industrial relations system in Japan An interpretation and policy

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Hui E S I 2011 Understanding labour activism The Honda workersrsquo strike In C Scherrer (Ed)Chinarsquos labor questions Ch3 Munchen Mering Germang Rainer Hampp

Hui E S I amp Chan C K C 2014 Beyond the union-centered approach A critical evaluation ofrecent trade union elections in China British Journal of Industrial Relations

Katz H amp Darbishire O 2002 Converging divergences Worldwide changes inemployment systems Ithaca NY Cornell University Press

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Lee C K 2007 Against the law Labor protests in Chinarsquos Rustbelt and Sunbelt BerkeleyUniversity of California Press

Liu M 2010 Union organizing in China Still a monolithic labor movement Industrial andLabor Relations Review 64(1) 30ndash52

Luo S 2011 Collective contracts but no collective bargaining In C Scherrer (Ed) Chinarsquos laborquestions Ch3 Munchen Mering Germang Rainer Hampp

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Luthje B Luo S amp Zhang H 2013 Beyond the Iron Rice Bowl Regimes of productionand industrial relations in China Frankfurt amp New York Campus

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Oi J 1995 The role of the local state in Chinarsquos transitional Economy The China Quarterly 1441132ndash1149

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Stockmann D amp Gallagher M E 2011 Remote control How the media sustain authoritarian rulein China Comparative Political Studies 44(4) 436ndash467

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Wang Z 2012 More workers staying near home China Daily [Cited 31 March 2015] Available fromURL httpwwwchinadailycomcnchina2012-0428content15166329htm

Warner M amp Ng S H 1999 Collective contracts in Chinese enterprises A new brand of collectivebargaining under lsquomarket Socialismrsquo British Journal of Industrial Relations 37(2) 295ndash314

Webb S amp Webb B 1897 Industrial democracy London New York amp Bombay LongmansGreen amp Co

Wen X amp Lin K 2015 Reconstituting industrial relations The experience of Wenling Journalof Contemporary China 24(94) 665ndash683

Wen X 2013 Gonghui zhixuan Guangdong shijian de jingyan yu jiaoxun (Union directelection Lessons from Guangdong) Paper presented at the 6th Annual Congress ofChina Labor Relations Association of the China Human Resource Development AssociationGuangzhou November 2013

Weston T B 2004 The iron man weeps Joblessness and political legitimacy in the Chinese rustbelt In P H Gries amp S Rosen (Eds) State and society in 21st century China Crisiscontention and legitimation 67ndash86 New York RoutledgeCurzon

Wu Q 2012 Jiti xieshang yu guojia zhudao xiade laodong guanxi zhili (Collective negotiationand state-oriented labor relations governance) Shehuixue Yanjiu (Sociological Studies)2012(3) 66ndash89

Xie Y amp Guo Y 2011 Zhongguo shi gongzi jiti xieshang moshi tansuo Wuhan shi canyin hangyegongzi jiti xieshang diaocha (A survey of collective consultation on wages in the catering industryin Wuhan) Zhongguo Laodong Guanxi Xueyuan Xuebao (Journal of China Instituteof Industrial Relations) 25(6) 54ndash58

Xie Y Chen J Chen P amp Xiao Q 2012 Zhongguo hangye gongzi jiti xieshang xiaoguode shizheng fenxi Yi Wuhan canyin hangye weili (An empirical analysis of industrialbargaining outcomes in China An example from the Wuhan restaurant and catering industry)Jingji Shehui Tizhi Bijiao (Comparative Economic and Social Systems) 2012(5)55ndash67

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Labor Unrest and Collective Bargaining 187

Xu X 2005 lsquoZiran zhuangtairsquo de gongzi jiti xieshang Zhongguo nanfang mouzhen yangmaoshanhangye gongzi jiti xieshang (Collective consultation and discussion on the wages under thelsquonatural conditionrsquo) Tianjin Gonghui Guanli Ganbu Xueyuan Xuebao (Journal ofTianjin Trade Union Administratorsrsquo College) 13(3) 29ndash32

Zhang H 2014 Informality in Chinarsquos collective bargaining Unpublished Masters thesisCornell University Ithaca NY

Zhang J amp Shi Y 2012 Guanyu hangye jiti xieshang qingkuang de diaocha baogao (Survey onindustrial collective negotiation) Zhongguo Laodong Guanxi Xueyuan Xuebao (Journalof China Institute of Industrial Relations) 26(4) 51ndash57

Sarosh Kuruvilla (sck4cornelledu) is Professor of Industrial RelationsAsian Studies and Public Affairs at Cornell University and Visiting Professor atthe London School of Economics His research focuses on the linkage betweeneconomic development strategies and labor and human resources policies Hehas published numerous articles and 3 books on various aspects of labor relationsin Asia He is currently researching collective bargaining in ChinaHao Zhang (hz256cornelledu) is a PhD student at Cornell UniversityrsquosSchool of Industrial and Labor Relations His primary research focus is laborand employment relations with special attention to China And he has ongoinginterests in globalization development political economy skill formationproduction and work

Manuscript received September 18 2014Final version accepted September 28 2015 (number of revisions ndash 2)Accepted by Editor-in-Chief Arie Lewin

Ccopy 2016 The International Association for Chinese Management Research

  • INTRODUCTION
  • THEORETICAL PERSPECTIVES
    • Worker Militancy
    • State Promotion of Collective Bargaining
    • Variations in Collective Bargaining
    • The Future of Collective Bargaining
      • METHODOLOGY
      • RESULTS
        • Strikes
        • Collective Bargaining
        • Emerging Variation Varieties of Collective Bargaining in China
          • DISCUSSION
            • Moving across Quadrants The Future of Collective Bargaining and The Roles of Unions and Employers
              • CONCLUSION
              • NOTES
              • REFERENCES

Labor Unrest and Collective Bargaining 171

countries a centralized (or multi-employer) bargaining structure is instituted atlevels beyond individual firms usually at the industry or national level wherenegotiations are carried out by national or industrial level organizations of unionsand employers National level agreements are common in Austria and Swedenwhereas industry level agreements are common in Germany Netherlands andBelgium Decentralized bargaining (where agreements are negotiated by companylevel unions and their employers are more common in the US and JapanIn China the labor contract law permits both centralized and decentralizedbargaining although the centralized bargaining it envisages is actually at a moredecentralized level than in other countries Specifically the law limits regionalor industry level collective contracts in construction mining restaurant andother industries to areas below the county level[3] The statersquos rationale for thislimitation is twofold ie the need to resolve issues of employment instability laborshortages strikes high turnover low social security coverage at the county levelwhile at the same time providing an institutional structure to extend collectivebargaining coverage to workers in these difficult to organize industries ndash mostlysmall short-lived and non-unionized businesses In practice local unions oftenare reluctant to establish collective bargaining at above-county levels and regionalauthorities do not encourage this either while the state actively discourages industrywide bargaining structures above the country level Thus we will expect to seemore collective bargaining agreements at the firm level rather than industrylevel

Collective bargaining can also vary based on the degree to which bargaining isauthentic As we have noted earlier there is a clear tendency towards what are calledlsquotemplate agreementsrsquo where management and union sign a formalistic agreementthat simply re-states the minimum conditions of the law and where workers are noteven aware of these agreements These would be inauthentic agreements We definea collective bargaining agreement as authentic if it meets the following conditionswhether unions and employers actually engage in a process of negotiations whetherworkers have input into crafting the demands that the union negotiates on theirbehalf whether those negotiations result in concrete outcomes and whether theprocess is repeated more than once (a sign of institutionalization) As we will showthe majority of collective bargaining agreements tend to be inauthentic Authenticagreements are relatively few and typically they occur after a strike since the strikeby workers needs to be settled and it can only be settled by negotiations

Based on our theoretical discussion with regard to strikes we would expect tosee steadily increasing numbers of strikes offensive in nature all across the countryalong with steadily increasing conflict rates Based on our analysis of the centraland local statesrsquo multiple interests we would expect to see steady growth in thenumber of collective bargaining agreements since 2008 and significant variationFinally based on our analysis of the ACFTU and employersrsquo associations we wouldexpect to see many inauthentic agreements and a preponderance of firm levelbargaining

Ccopy 2016 The International Association for Chinese Management Research

172 S Kuruvilla and H Zhang

Table 1 Strikes in China 2008ndashAugust 2014

Year

Number of

strikes

Average number of

strikes per month

2008 47 42009 32 32010 88 72011 233 192012 393 332013 656 552014 (till August) 644 81

(Source The 2008ndash2012 data about China are fromChina Strikes website available from URL httpschinastrikescrowdmapcom The 2013 data aboutChina are from China Labor Bulletin available fromURL httpwwwnumblecomPHPmysqlclbmapehtml)

6 916

0

20

40

60

80

100

120

140

Jan-

08

Jun-

08

Nov

-08

26

Apr-

09

Sep-

09

Feb-

10

Jul-1

0

17

31 3541

Dec-

10

May

-11

Oct

-11

Mar

-12

49

7265

78

64

119

Aug-

12

Jan-

13

Jun-

13

Nov

-13

105

-

Chin

Chin

a Strikes

a Labor Bullen

Figure 2 Monthly strikes in China 2008ndash2014 (Source China Labor Bulletin available fromURL httpwwwnumblecomPHPmysqlclbmapehtml and China Strikes available from URLhttpschinastrikescrowdmapcom)

RESULTS

Strikes

China Strikes reports a total of 793 strikes during the 2008ndash2012 period whilethe China Labour Bulletin indicates a total of 1867 strikes between Jan 2011 andAugust 2014 Table 1 shows counts of strikes after integrating estimates from bothwebsites What is notable is that the average frequency of strikes per month hasbeen increasing steadily Figure 2 graphs this trend[4] Chinese workers appear tobe striking more and longer indicative of their bargaining power

If one assumes as we argued that the Chinese data represents a massiveundercount of reality then clearly China is the lsquostrike capitalrsquo of the world withmore strikes per year than most other countries An alternative way of examiningwhether there is conflict in the system is to look at the number of labor disputes in

Ccopy 2016 The International Association for Chinese Management Research

Labor Unrest and Collective Bargaining 173

Table 2 Labor disputes in China (2000ndash2012 every alternative year)

2000 2002 2004 2006 2008 2010 2012

Annual Average

Growth Rate

Number of casesaccepted

135206 184116 260471 317162 693465 600865 641202 1385

Number ofworkersinvolved

422617 608396 764981 679312 1214328 815121 882487 633

Number ofcollective labordisputes

8247 11024 19241 13977 21880 9314 7252 minus 107

Number ofworkersinvolved incollective labordisputes

259445 374956 477992 348714 502713 211755 231894 minus 093

Number of casessettled

130688 178744 258678 310780 622719 634041 643292 1420

Number of casessettled bymediation

41877 50925 83400 104435 221284 250131 302552 1791

Number of casessettled byarbitrationlawsuit

54142 77340 110708 141465 274543 266506 268530 1428

Cases mediatedbefore accepted

77342 70840 130321 237283 163997 212937 1066

(Source China Labor Statistical Yearbook 2013)

China As the data in Table 2 suggests the number of labor disputes in China hasalso increased over the last few years

In sum and despite problems with the available data our research suggeststhat Chinese workers are increasingly militant and that the number of strikes inChina seems to be steadily increasing as are other indicators of industrial conflictconsistent with our expectations

Collective Bargaining

The published data show considerable growth in collective bargaining in Chinafrom 2006 onward As is apparent from Table 3 the annual growth rates in thenumber of collective contracts are high nearly 20 per year The number ofenterprises being covered by the contracts has been growing by almost 100 peryear indicating a great expansion of multi-employer ndash industrial and regionalndash contracts as well Clearly therefore the statersquos encouragement of collectivebargaining has been successful in quantitative terms Yet the growth in collectivebargaining does not show an appreciable decline in industrial conflict measuredby strikes or data on industrial disputes At a preliminary level this suggests thatthe statersquos encouragement of collective bargaining as a method of reducing conflict

Ccopy 2016 The International Association for Chinese Management Research

174 S Kuruvilla and H Zhang

Table 3 Growth of collective bargaining in China 2005ndash2010

2005 2006 2007 2008 2009 2010

Average Annual

Growth Rate

Number ofcollectivebargainingcontracts onwages

251794 304978 343329 410606 512151 608483 1930

Number ofenterprisescovered

41306 525964 622063 774501 901665 1115874 9334

Staff andworkerscovered bycollectivebargaining

35312320 37145872 39685737 51101198 61776321 75657331 1646

(Source China Trade Union Yearbooks 2006ndash2011)

Table 4 Wage growth in China (2000ndash2013)

Year

Average Yearly

Nominal

Wages (yuan) Growth of Nominal Wages Growth of Real Wages

2000 9333 122 1132001 10834 161 1532002 12373 142 1542003 13969 129 1192004 15920 140 1032005 18200 143 1252006 20856 146 1292007 24721 185 1342008 28898 169 1072009 32244 116 1262010 36539 133 982011 41799 144 862012 46769 119 902013 51483 101 73

(Source China Statistical Yearbook 2014)

and strikes is not successful or to be conservative not successful yet At the sametime data on wages show steady growth (see Table 4) We can draw two differentconclusions from this limited data One is that the key interest of the state wasnot to reduce conflict via the introduction of collective bargaining but to increaseand stabilize wages If this conception of the statersquos interest is correct then itprovides support for the argument that the state is acting in lsquodevelopmentalrsquo waysin encouraging collective bargaining as an instrument to rebalance the economy Analternative explanation is that the state does want to introduce collective bargainingin order to reduce conflict (as has been done in most parts of the world) but thequality of collective bargaining is not very good and hence does not meet that goal

Ccopy 2016 The International Association for Chinese Management Research

Labor Unrest and Collective Bargaining 175

FormalisticIneffective AuthenticEffective

Centralization

Decentralization

- Industry-wide Agreements that are ineffective egWuhan Restaurants

- Well established industry wide agreements eg The Wenling Model

- Template Bargaining

- Strike-triggered Bargaining

- State-intervened Bargaining

- Informal Bargaining

- Informal Coordination

- Democratic Grassroots Union Election

- Employer Coordination and state Intervention

Q3 Q4 Q1 Q2

Figure 3 A taxonomy of varieties of collective bargaining in China

If this is true then the policy prescriptions are clearer Below we look more closelyat the nature of collective bargaining

Emerging Variation Varieties of Collective Bargaining in China

Based on the limited available research we classify collective bargaining agreementsbased on how centralized or decentralized and how authentic or inauthentic theyare Recall our key caveat that there is relatively little published research andhence our taxonomy below (see Figure 3) is not based on a representative sampleas it should be However we want to highlight that this is by no means a staticclassification because we also see dynamism where there is movement from onequadrant to another At best this taxonomy should be seen as an initial estimateor baseline against which future research can examine progress over the comingdecade

Quadrant 1 Decentralized inauthentic collective bargaining Perhaps the most commonform of collective bargaining is what we term lsquotemplate bargainingrsquo and what other

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176 S Kuruvilla and H Zhang

researchers have described as lsquocollective contracts without collective bargainingrsquoor lsquopaper contractsrsquo (Chen 2007 Clarke et al 2004 Luo 2011) Typically thelocal government ndash often the labor administration and official union ndash develops atemplate for a collective contract that employers and the local branch of the unionshould sign (jiti hetong fanben) In some cases the template agreement contains blankspaces for wage increases which enterprises can customize to suit their needsUsually a template agreement leaves little room for the parties to bargain overinterest-based issues (Chen 2007) This is the model of collective bargaining mostcommonly followed by the ACFTU which provides its unions with these templateagreements for various regions that employers are requested to sign and whichre-state minimum legal conditions Often employers prepare the contracts andunions simply sign them without engaging in any negotiation (Clarke et al 2004Luo 2011 Taylor Chang amp Li 2003 Wu 2012)

The ACFTU which is targeted with increasing the coverage of collectivebargaining within the country appears more interested in the quantity ofagreements signed (to meet its targets) with relatively little focus on the quality (Wu2012) Some of these template agreements are not even enforced due to weaknessesin the labor inspection regime (Wu 2012) or because the local enterprise unionsalso exist primarily lsquoon paperrsquo having been set up by the ACFTU in collaborationwith the employer often without the workersrsquo knowledge (Liu 2010) Thus thougha large majority of Chinese collective bargaining agreements hew to this type wesee them as being largely inauthentic and the most decentralized given that theyare signed at the enterprise level These have been well documented in existingstudies (Clarke et al 2004 Luo 2011 Taylor et al 2003 Warner amp Ng 1999) sowe shall not expand on them here

Quadrant 2 Decentralized authentic collective bargaining A small but growing number ofcollective bargaining agreements at the firm level can be termed more authenticalthough there is some variation to the extent that they truly encapsulate genuinebargaining There are three different ways in which this type of collective bargainingis happening One and perhaps the most authentic form of collective bargainingis the negotiations that take place after a strike as Elfstrom amp Kuruvilla (2014)suggest The best known case of strike-triggered bargaining is the Honda NanhaiTransmission plantrsquos strike in 2010 that resulted in substantial wage increases forworkers and later also triggered a strike wave in the local and national auto industryleading to substantial wage negotiation in many of those cases as well (Hui 2011)Since a strike when it occurs is frequently settled by negotiations these days (Chang2013) the steady growth in the number of strikes implies growth in more authenticcollective bargaining There is increasing research that suggest that strikes beforeand during the 2010 strike wave were settled via negotiations between provisionallyelected workersrsquo representatives and employers (Chen 2010 Meng 2012 MengLu Lei Wang amp Chang 2011) Some of these strike-based settlements have beenoften facilitated by the mediation of local governments and official unions and

Ccopy 2016 The International Association for Chinese Management Research

Labor Unrest and Collective Bargaining 177

the state in various places has appeared to prefer using this approach rather thansuppressing striking workers (Chang 2013 Gallagher 2014) Chen (2010) refersto these dispute and strike settlement mechanisms as quadripartite bargaininginvolving four actors (the state the ACFTU the employers and the workers)Strikes and post-strike settlements are an important route by which collectivebargaining is becoming institutionalized suggests Meng (2012) in his research onDalian

The second way that authentic bargaining may occur without collective actionby workers is through the direct intervention by the local government Chan andHuirsquos (2014) research on Hondarsquos (Guangzhou) 2011 bargaining round suggeststhat although a union in which workers elected their representatives and collectivebargaining were institutionalized in the firm after the 2010 strike the localgovernment directly intervened in the negotiations during the 2011 bargaininground and encouraged the parties to come to agreement Arguably the localgovernment was interested in avoiding a potential strike We refer to this as authenticbecause it is occurring in a situation where workers choose their own representativesand the local government apparently takes the process seriously However this is amore isolated case

Although much of the prior literature has focused on formal bargaining structuresto make the claim that much of Chinese collective bargaining is inauthentic Zhang(2014) makes a compelling case that we should examine informal processes whichare perhaps just as important as formal structures and constitute the third wayin which bargaining is effective He finds in his study of the auto industry inTianjin that while formal bargaining looks just as formalistic as many other casesmuch of the real negotiation takes place at both enterprise and industry levelsthrough informal processes of coordination and negotiations that have resultedin meaningful outcomes Although there have not been strikes or governmentintervention in the auto-industry bargaining cases in Tianjin that Zhang examineshis research points to the active role of the firm union in ensuring substantialnegotiation Thus there are many different ways in which authentic bargaining iscarried out

Quadrant 3 Centralized and inauthentic collective bargaining A major strategy of theACFTUrsquos Rainbow Plan can be found in its effort to carry out regional and industry-level bargaining seen as necessary to bring employees of small and medium sizedfirms under collective bargaining coverage (Wu 2012) And as noted the ACFTUrsquosefforts are complemented by the state apparatus where key state departmentsoften take the lead in mobilizing employers For instance in the second authorrsquosongoing research he finds that in the case of hospitals in Tianjin the districtunion successfully mobilized the employers by leveraging the district Bureau ofPublic Health (BOPH) ndash a state institution in charge of examining approving andsupervising all local public health affairs ndash to create an industry wide collectivebargaining agreement However it was not clear that workers were aware of the

Ccopy 2016 The International Association for Chinese Management Research

178 S Kuruvilla and H Zhang

agreement nor was it clear that the agreement was enforced Similar efforts arealso identified in Tianjinrsquos construction industry as well as in other regions in Wursquos(2012) research

While we need more cases to draw firmer conclusions thus far what is clear isthat many of these industry-wide agreements are either formalistic or have shownthemselves to be ineffective and not institutionalized Similar to that of decentralizedand formalistic bargaining the reasons for ineffectiveness at this level include theunionrsquos focus on formalistic terms the absence of strict enforcement and oftenworker ignorance of the terms of the agreement or that they were represented bya union (a frequent issue when union representatives are not directly elected) (Wu2012) A classic example here is Friedmanrsquos (2014b) study of sectoral bargainingin Ruirsquoan eyeglass cluster in Zhejiang Province where workers interviewed indeedknew nothing about the industry level contract that covered them Probably thebest-known case of failure of enforcement of collective bargaining can be foundin Wuhan where the local government in a top-down process initiated sectoralnegotiations in 2011 in the restaurant industry Although the sectoral contract hasset wage terms for over 450000 workers from 40000 different establishments in2011 (Xie amp Guo 2011) and has been renegotiated successfully over the last threeyears which has been well covered by mass media recent research (Xie ChenChen amp Xiao 2012) shows that only 569 of employees surveyed were receivingthe wages stipulated in the contract

Despite these issues the ACFTU continues to focus on building collectivebargaining institutions at the industry and regional levels In Guangzhou forinstance the official union has organized the construction industry although nocollective bargaining has been successfully achieved (Friedman 2014b) In additionunion organizing by region has also been identified in areas with clusters of smallbusinesses such as community unions village union associations market unionsoffice building unions and union associations by ownership in development zones(Liu 2010) But we are skeptical of the prospects for institutionalization of collectivebargaining at the regional level given the heterogeneity in industries and firms ina region and given that often workers are not aware of the agreement nor do theyelect their representatives

Quadrant 4 Centralized authentic collective bargaining There are a few instances ofcentralized sectoral bargaining that qualify as authentic Unlike the previousexamples where it was either the local government or the ACFTU that was theprimary engine behind the development of collective bargaining in the case ofWenling the employers were the ones who initiated the project Wenling a town inZhejiang Province contains a knitwear cluster with more than 130 firms employingabout 12000 workers in 2002 In this case employers began spontaneous wagecoordination in an effort to deal with the rising turnover as a result of whatwas an acute labor shortage (Xu 2005) They formed an employer association in2000 and institutionalized wage coordination amongst themselves although not all

Ccopy 2016 The International Association for Chinese Management Research

Labor Unrest and Collective Bargaining 179

employers came on board By 2003 the local government stepped in establishingan industrial union which ultimately signed an industry-wide agreement with theemployer association (Wen amp Lin 2015) That contract has been renegotiated everyyear since and is stable although it overwhelmingly focuses on the piece-rates andnot other working conditions Moreover it is a clear case of relatively authenticcollective bargaining arrangement in terms of how well the contract is enforcedThe second author interviewed workers in the industry in 2013 and found that thepiece-rates that were used to pay them was higher than or equal to those stipulatedin the contract

The Wenling model is being increasingly diffused to other areas In all 15industries ndash including the pump sector in a town named Zeguo (Liu 2010) ndashhave carried out similar bargaining by 2012 covering roughly 6100 enterprisesand 400000 workers (Zhang amp Shi 2012) There are reports of cases developingin other textile and garment (Luthje Luo amp Zhang 2013 269) as well as othermanufacturing clusters (Lee 2011) The commonalities across these lsquosuccessfulcasesrsquo is that they are negotiating about the piece-rate at the industry level andwage coordination was welcomed by small and medium-sized firms in order toreduce turnover in a labor shortage situation Therefore success seems to be in partdetermined by employer interest and readiness for collective bargaining as well

DISCUSSION

Moving across Quadrants The Future of Collective Bargaining andThe Roles of Unions and Employers

While the above taxonomy presents a static picture of the varieties of collectivebargaining in China it is important to incorporate a dynamic element specificallywhat makes it possible to move from inauthentic to more authentic collectivebargaining and how might decentralized bargaining connect with more centralizedstructures to create more worker solidarity

How might we expect movement from inauthentic to more authentic bargainingat the firm level (ie from Quadrant 1 to Quadrant 2) Certainly as discussedearlier strikes could trigger such a movement But there are other ways as wellOne strategy recently adopted in Guangzhou and Shenzhen is the grassroots unionelection (namely direct election for grassroots trade union cadres [gonghui zhixuan])When workers are able to elect their own representatives rather than having unionleaders decided by the regional official union or the enterprise it builds the localunionsrsquo autonomy and independence and is one necessary step for the growth ofauthentic bargaining This focus on direct election is growing For instance theShenzhen Federation of Trade Unions announced in 2012 that 163 enterpriseswith more than 1000 employees would all adopt direct election (Eastmoney 2012)The second authorrsquos interview with a key informant involved in Shenzhenrsquos unionelection revealed that approximately 1000 out of the 30000 enterprise unions

Ccopy 2016 The International Association for Chinese Management Research

180 S Kuruvilla and H Zhang

in Shenzhen had lsquocarried out or reached the level of direct union election (dadao

zhixuan shuiping)rsquo by August 2011 In Guangzhou Peng amp Du (2010) report thatseveral hundred of the over 50000 firm unions had been directly elected by 2010The case of direct union elections in Omron (Shenzhen) has been documented inWen (2013) and Hui amp Chanrsquos (2014) work Yet we need more research to properlyevaluate how these elections are conducted

Although the efficacy of direct union elections has been debated (some argue thatthese elections were manipulated by employers or local officials others questionthe degree to which these will be institutionalized in todayrsquos political climate inChina and some suggest that there is rising opposition to direct elections fromboth employers and the state (Chan 2009 Howell 2008 Wen 2013) the availableevidence (Hui amp Chan 2014 Wen 2013) and more recent first hand evidence fromour research in Guangzhoursquos auto industry suggests that thus far democratic unionelections facilitates collective bargaining with real negotiation between workers andemployers including some conflictual negotiations that result in real rather thanformalistic outcomes and hence are more authentic

Movement from Quadrant 3 to 4 (ie from less authentic to more authenticbargaining at the centralized level) appears possible when employers take the firststep in coordinating through employer associations and when the local governmentdirectly intervenes to create industry wide settlements as suggested by the Wenlingmodel However given the lack of a real connection between unions at this leveland the workers they represent and the heterogeneous workplaces that makedirect election of representatives more difficult we are not convinced that such amovement is imminent In addition there are a number of implementation andenforcement failures such as in the case of the restaurant industry in Wuhan thatsuggest the difficulty of achieving meaningful collective bargaining coverage for anentire regional industry

There is some evidence of increased coordination between decentralized andcentralized levels Zhang (2014) finds evidence of links between industry wagestructures and firm level bargaining in a circumstance when lead and supplierfirms belonging to the same value chain in the local labor market are involvedThis indicates some degree of dynamism distinct from the mostly static pictureimplied by our classification This movement of informal coordination appearssimilar to those practices in the West especially in Europe although perhaps it isat a more incipient stage here As Chinese employers in a cluster or industry beginto build better institutional structures to facilitate coordination that will stimulatea similar movement amongst workers and unions and thereby promote industrywide bargaining as well as firm level bargaining

CONCLUSION

In this paper we examine the growth of strikes and collective bargaining in ChinaUsing McAdamrsquos political process model we argued that Chinese workers are

Ccopy 2016 The International Association for Chinese Management Research

Labor Unrest and Collective Bargaining 181

striking more and proactively after 2008 The Chinese state has encouraged thegrowth of collective bargaining although its motivations for doing so could beattributed to different interests such as providing a mechanism to resolve laborconflict or to increase wages in its effort to lsquorebalancersquo the economy a necessarycondition to avoid the middle income trap We argued further that we wouldexpect to see considerable variation in collective bargaining based on the differentialinterests of central and local states who are enjoying more autonomy than theydid in the past And our analysis of the official union (ACFTU) and the crises ofidentity and legitimacy that it faces led us to expect that collective bargaining willbe predominantly inauthentic

The evidence largely supports our expectations Chinese workers are clearlystriking more after 2008 and the numbers of strikes from two different sets of datashow steady increases Collective bargaining has also grown sharply after 2008 butthe key agent charged with the responsibility of increasing bargaining coverage (theACFTU) tends to view it generally as a bureaucratic exercise Hence our findingthat much of the incipient collective bargaining in China hews to the inauthenticside of the continuum We also find considerable variation however in collectivebargaining This variation is attributable to the willingness of the state to allowexperimentation and it would appear that different industrial relations actors ielocal labor bureaucracies local employers and local unions exercise considerablefreedom to develop particular structures

While our taxonomy presents a static picture of collective bargaining in Chinatoday we also highlight how it may change in the future under the presentinstitutional structure We have identified several conditions that are necessary forbargaining arrangements to move towards greater authenticity Specifically eventhough the Chinese state is unlikely to permit workers to affiliate with unions of theirchoice reforms within the ACFTU that move it in the direction of increasing itsrepresentative function is one avenue for change An amendment to the GuangdongProvincial Regulation on Collective Contracts for Enterprises is in our view onepathway to more authentic bargaining The regulation is detailed covering notonly the content and subject matter of collective bargaining but includes extensiveprovisions regarding various aspects of collective negotiations Most crucially theregulation specifies clearly that lsquonegotiation representatives of the employees of thefirm must either be selected by the trade union or democratically elected by thestaff and workersrsquo ndash the first time that democratic elections have been specified inany provincial legislation regarding collective bargaining

However despite the growth and variation that we see and despite the promiseimplicit in the Guangdong regulations overall our paper suggests that collectivebargaining in China is at a very incipient stage At this point in 2015 our initialanalyses would suggest that the institution of collective bargaining in China is moreeffective at increasing wages thereby meeting the statersquos interest in rebalancing theeconomy and less effective in meeting the statersquos alternative interest ie representingworkers adequately so as to reduce industrial conflict

Ccopy 2016 The International Association for Chinese Management Research

182 S Kuruvilla and H Zhang

Under what conditions could collective bargaining meet the statersquos alternativeinterest This requires that Chinese unions overcome their problems of identity andlegitimacy A necessary condition is that the state must be willing to provide theunions with more independence What might bring this about The state wouldbe willing to do so if the legitimacy of the CCP is under threat And that couldhappen if industrial conflict and labor exploitation continue to increase despite thenew laws and union activity

However recent decisions suggest that the state has elected to follow an alternativeapproach of improving bargaining effectiveness with more centralization ratherthan providing local union autonomy In 2014 the ACFTU introduced a newfive-year plan (2014ndash2018) to promote collective bargaining Simultaneously inorder to improve collective bargaining effectiveness the ACFTU has adoptednew guidelines to its locals These include the notion that 100 of the workerscovered under CB should be aware of the bargaining and have provided themwith relatively centralized formats that would permit aggregation of data onwages More importantly in May 2015 the central government and CCP releasedlsquoSuggestions for Establishing Harmonious Labor Relationsrsquo ndash the first time thatharmonious labor relations were promoted at the central level in a special documentThese actions suggest that the CCP has acknowledged the shortcomings of thecurrent collective bargaining system (ie poor implementation poor quality ofagreements and the ACFTUs general inability to represent workers) and thethreat of continued industrial conflict to its own legitimacy but is still leery ofproviding local unions and workers with more autonomy that might result in thesuccessful institutionalization of bargaining

How does the development of Chinese unions and collective bargaininginstitutions compare with other Asian nations We might look to both Taiwanand South Korea for parallels Japan however is less comparable because thepost-war development of both unions and collective bargaining developed intandem with democratization (Gould 1984) and was led by employers whointroduced the famous pillars of lifetime employment seniority based wages andenterprise unions in search of labor stability (Hashimoto 1991) In both Koreaand Taiwan however the export oriented industrialization regimes adopted byauthoritarian governments entailed a high degree of control of labor Ratherlike China today Taiwanrsquos policies then required the unions to be affiliated toone central federation (the Chinese Federation of Labor) which was controlled bythe Kuomintang regime (Deyo 1987) Korea adopted a similar approach with thecreation of the Federation of Korean Trade Unions created by the governmentHowever in contrast to Taiwan (where the workforce was mostly composed oflabor working in agriculture and small scale industries) Korearsquos labor movementeven under authoritarian governments developed a stronger working class identityDeyo (1987) and Chu (1998) argue due to the tradition of nationalist mobilizationagainst the Japanese occupation large sized firms involved in heavy industries andhigh industry concentration Both countries democratized in the late 1980s Given

Ccopy 2016 The International Association for Chinese Management Research

Labor Unrest and Collective Bargaining 183

their historical weakness the labor movement in Taiwan did not play a major rolein the democratization processes unlike the Korean labor movement which was acentral player in the process in Korea Consequently post democratization Koreanunions aggressively demonstrated their power through waves of strikes (Chu 1998)that resulted in the formal institutionalization of a new industrial relations regimealong pluralist lines Taiwanrsquos labor movement given its historical weakness did notassert themselves as strongly after democratization although a new labor relationsregime developed thereafter Thus although there was broad similarity in termsof state control of labor in Korea Taiwan and China that similarity ended in the1980s upon democratization in Korea and Taiwan The Chinese labor movementstill remains under state control and the future evolution of both labor unions andcollective bargaining is as we have argued earlier in this paper dependent on CCPrsquosstrategies

Having developed a lsquobaselinersquo taxonomy of collective bargaining how mightfuture research advance our knowledge about collective bargaining in China Mostimportantly we need research (detailed case studies) on how collective bargainingis conducted in different parts of China As Friedman and Kuruvilla (2014) haveargued there is much experimentation and decentralization and more empiricalevidence of these processes are clearly necessary in order to evaluate what worksbest in which locations and why We specifically need more case studies ofauthentic bargaining Second we need analyses of collective bargaining contracts(on both a national and regional scale) in order to determine which are the keyissues of contention between management and labor and how they are changingovertime More research on the various experiments regarding union electionsand the impact of these on bargaining processes and outcomes is a key need aswell Thus there are plenty of opportunities for cutting edge research in collectivebargaining in China and we hope that Chinese management scholars would answerthis call for research into a crucial national human resource issue

NOTES

We thank Manfred Elfstrom and Eli Friedman for comments on an earlier version of this article andthe faculty at Renmin University School of Labor and Human Resources for hosting us[1] There have been various administrative provisions for collective negotiations since 1994 but

legal backing was only granted via the Labor Contract Law beginning in January 2008[2] According to the National Bureau of Statistics (NBS) the term lsquoenterprises above designated

sizersquo points to those industrial legal person enterprises whose yearly main business incomes equalto or are more than 5 million yuan (2009)

[3] The political geography in China divides the country into three levels of bureaucracies below thenational level namely the provincial level the citycounty level and the township level (Note thata village government is not an official bureaucracy but a villagersrsquo self-management organization)However as a legacy of the Kuomintang regime most cities include and administrate severalcounties and therefore the de facto bureaucratic system in China ndash according to which bothofficial unions and governments are structured ndash actually has four levels ie the provincial levelthe city level the countydistrict level and the township level

[4] We admit the possibility that the growing trend may be partially because of a betterdocumentation system now than before

Ccopy 2016 The International Association for Chinese Management Research

184 S Kuruvilla and H Zhang

REFERENCES

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Blecher M 1991 Development state entrepreneurial state The political economy of socialist reformin Xinji Municipality and Guanghan County In G White (Ed) The Chinese state in theera of economic reform The road to crisis 265ndash294 Basingstoke Macmillan

Blecher M amp Shue V 1996 Tethered deer Government and economy in a Chinese countyStanford CA Stanford University Press

Brown R 2006 Chinarsquos collective contract provisions Can collective negotiations embody collectivebargaining Duke Journal of Comparative and International Law 35 35ndash77

Cai F 2007 Zhongguo jingji mianlin de zhuanzhe jiqi dui fazhan he gaige de tiaozhan (The turningpoint faced by the Chinese economy and the challenge it presents to development and reform)Zhongguo Shehui Kexue (Social Sciences in China) 2007(3) 4ndash12

Chan A 1993 Revolution or corporatism Workers and trade unions in post-Mao China TheAustralian Journal of Chinese Affairs 29 31ndash61

Chan A 2009 Challenges and possibilities for democratic grassroots union elections in China Acase study of two factory-level elections and their aftermath Labor Studies Journal 34(3)293ndash317

Chan C K C amp Hui E S I 2014 The development of collective bargaining in China Fromlsquocollective bargaining by riotrsquo to lsquoparty state-led wage bargainingrsquo The China Quarterly217(1) 221ndash242

Chan K W 2010 A China paradox Migrant labor shortage amidst rural labor supply abundanceEurasian Geography and Economics 51(4) 513ndash530

Chang K 2013 Laogong guanxi jitihua zhuanxing yu zhengfu laogong zhengce de wanshan (Thecollective transformation of industrial relations and improvement of labor policies) ZhongguoShehui Kexue (Social Sciences in China) 2013(6) 91ndash108

Chen F 2003 Between the state and labour The conflict of Chinese trade unionsrsquo double identityin market reform The China Quarterly 176 1006ndash1028

Chen F 2007 Individual rights and collective rights Laborrsquos predicament in China Communistand Post-Communist Studies 40(1) 59ndash79

Chen F 2010 Trade unions and the quadripartite interactions in strike settlement in China TheChina Quarterly 201 104ndash124

Chu Y W 1998 Labor and democratization in South Korea and Taiwan Journal ofContemporary Asia 28(2) 185ndash202

Clarke S Lee C amp Li Q 2004 Collective consultation and industrial relations in China BritishJournal of Industrial Relations 42(2) 235ndash254

Deyo F C 1987 State and labor Modes of political exclusion in the East Asian development InF C Deyo (Ed) The political economy of the new Asian industrialism Ithaca NYCornell University Press

Eastmoney 2010 Zhixuan gonghui zhihou (After the direct election of the union)[Cited 14 September 2013] Available from URL httpmoneyeastmoneycomnews158320120918251427566html

Eisenhardt K 1989 Building theories from case study research Academy of ManagementReview 14(4) 532ndash550

Elfstrom M amp Kuruvilla S 2014 The changing nature of labor unrest in China Industrial andLabor Relations Review 67(2) 453ndash480

Frenkel S amp Kuruvilla S 2002 Logics of action globalization and changing employment relationsin China India Malaysia and the Philippines Industrial and Labor Relations Review55(3) 387ndash412

Friedman E D 2014a Insurgency trap Labor politics in postsocialist China Ithaca NYCornell University Press

Friedman E D 2014b Economic development and sectoral unions in China Industrial andLabor Relations Review 67(2) 481ndash503

Friedmand E D amp Kuruvilla S 2015 Experimentation and decentralization in Chinese industrialrelations Human Relations 68(2) 181ndash195

Friedman E amp Lee C K 2010 Remaking the world of Chinese labour A 30-year retrospectiveBritish Journal of Industrial Relations 48(3) 507ndash533

Ccopy 2016 The International Association for Chinese Management Research

Labor Unrest and Collective Bargaining 185

Gallagher M E 2005 Contagious capitalism Globalization and the politics of labor inChina Princeton Princeton University Press

Gallagher M E 2010 lsquoWe are not machinesrsquo Teen spirit on Chinarsquos shopfloor China Beat [Cited31 March 2015] Available from URL httpwwwthechinabeatorgp=2538

Gallagher M E amp Dong B 2011 Legislating harmony Labor law reform in contemporaryChina In S Kuruvilla C K Lee amp M E Gallagher (Eds) From iron rice bowl toinformalization Markets workers and the state in a changing China Ch3 IthacaNY Cornell University Press

Gallagher M E 2014 Chinarsquos workers movement and the end of the rapid-growth era Daedalus143(2) 81ndash95

Gould W B 1984 Japanrsquos reshaping of American labor law Cambridge MA MIT PressHashimoto M 1991 The industrial relations system in Japan An interpretation and policy

implications Managerial and Decision Economics 12 147ndash157Howell J A 2006 Reflections on the Chinese state Development and Change 37 273ndash

297Howell J A 2008 All-China Federation of Trades Unions beyond reform The slow march of direct

elections The China Quarterly 196 845ndash863Hu Y 2011 Shenme shi jiti hetong lsquoCaihong Jihuarsquo (What is the collective contract lsquoRainbow Planrsquo)

[Cited 14 September 2013] Available from URL httpwwwhaishang-lawcomArticlezhuanyeyanjiulaodongjiufen2011046155html

Hui E S I 2011 Understanding labour activism The Honda workersrsquo strike In C Scherrer (Ed)Chinarsquos labor questions Ch3 Munchen Mering Germang Rainer Hampp

Hui E S I amp Chan C K C 2014 Beyond the union-centered approach A critical evaluation ofrecent trade union elections in China British Journal of Industrial Relations

Katz H amp Darbishire O 2002 Converging divergences Worldwide changes inemployment systems Ithaca NY Cornell University Press

Katz H C Kochan T A amp Colvin A J S 2014 Labor relations in a global world Anintroduction focused on emerging countries Ithaca NY Cornell University Press

Lee C H 2011 Between the hierarchy and market Emerging mezzo-corporatistindustrial relations in China Unpublished manuscript

Lee C K 2007 Against the law Labor protests in Chinarsquos Rustbelt and Sunbelt BerkeleyUniversity of California Press

Liu M 2010 Union organizing in China Still a monolithic labor movement Industrial andLabor Relations Review 64(1) 30ndash52

Luo S 2011 Collective contracts but no collective bargaining In C Scherrer (Ed) Chinarsquos laborquestions Ch3 Munchen Mering Germang Rainer Hampp

Luthje B 2012 Diverging trajectories Economic rebalancing and labor policiesin China East-West Center Working Paper No 23 [Cited 31 March 2015] Avail-able from URL httpwwweastwestcenterorgpublicationsdiverging-trajectories-economic-rebalancing-and-labor-policies-china

Luthje B Luo S amp Zhang H 2013 Beyond the Iron Rice Bowl Regimes of productionand industrial relations in China Frankfurt amp New York Campus

McAdam D 1999 Political process and the development of Black Insurgency 1930ndash19702nd ed Chicago and London The University of Chicago Press

McDermott E P 2010 Industrial relations in China Ball of Confusion In K Townsend ampA Wilkinson (Eds) Research handbook on work and employment relations Ch16United Kingdom Edward Elgar Publishing

Meng Q 2012 Tanpan youxi zhong de lsquoshuoherenrsquo Yi DLDA qu wei li (The lsquomediatorrsquo in thebargaining game A case of DLDA) Qinghua Shehuixue Pinglun (Tsinghua SociologicalReview) 6 206ndash222

Meng Q Lu J Lei X Wang R amp Chang C 2011 2010 Zhongguo bagongchaodiaocha yu fenxi baogao (Report on the 2010 strike wave in China) Unpublishedmanuscript

OECD 2013 Protecting jobs enhancing flexibility A new look at employment protectionlegislation In OECD Employment Outlook Ch2 [Cited 31 March 2015] Available from URLhttpdxdoiorg101787empl_outlook-2013-en

Oi J 1995 The role of the local state in Chinarsquos transitional Economy The China Quarterly 1441132ndash1149

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186 S Kuruvilla and H Zhang

Peng M amp Du Q 2010 Quanzong guli tansuo gonghui zhuxi zhixuan (The ACFTUencourages direct elections of union chairs) [Cited 14 September 2013] Available fromURL httpepaperoeeeecomAhtml2010-0911content_1175401htm

Pan P P 2009 Out of Maorsquos shadow The struggle for the soul of a new China New YorkSimon amp Schuster

Rapoza K 2011 In coastal China a labor shortage Forbes [Cited 31 March2015] Available from URL httpwwwforbescomsiteskenrapoza20111220in-coastal-china-a-labor-shortage

Silver B J amp Zhang L 2009 China as an emerging epicenter of world labor unrest In H-F Hung(Ed) China and the transformation of global capitalism Baltimore Johns HopkinsUniversity Press

Stockmann D amp Gallagher M E 2011 Remote control How the media sustain authoritarian rulein China Comparative Political Studies 44(4) 436ndash467

Taylor B Chang K amp Li Q 2003 Industrial relations in China Cheltenham Edward ElgarTaylor B amp Li Q 2007 Is the ACFTU a union and does it matter Journal of Industrial

Relations 49(5) 701ndash715Taylor B amp Li Q 2010 Chinarsquos creative approach to lsquounionrsquo organizing Labor History 51(3)

411ndash428Tarrow S 1998 Power in movement Social movements and contentious politics New

York Cambridge University PressThe China Post 2012 China eyes 13 minimum wage rise in 5 years [Cited 31 March

2015] Available from URL httpwwwchinapostcomtwbusinessasia-china20120209331042China-eyeshtm

The Economist 2012 A dangerous year Unrest in China [Cited 31 March 2015] Available fromURL httpwwweconomistcomnode21543477

Unger J 2002 The transformation of rural China Armonk NY M E SharpeUnger J amp Chan A 1995 China corporatism and the East Asian model The Australian Journal

of Chinese Affairs 1995 29ndash53Venn D 2009 Legislation collective bargaining and enforcement Updating the OECD

employment protection indicators [Cited 31 March 2015] Available from URLhttpwwwoecdorgemploymentemp43116624pdf

Wang Z 2012 More workers staying near home China Daily [Cited 31 March 2015] Available fromURL httpwwwchinadailycomcnchina2012-0428content15166329htm

Warner M amp Ng S H 1999 Collective contracts in Chinese enterprises A new brand of collectivebargaining under lsquomarket Socialismrsquo British Journal of Industrial Relations 37(2) 295ndash314

Webb S amp Webb B 1897 Industrial democracy London New York amp Bombay LongmansGreen amp Co

Wen X amp Lin K 2015 Reconstituting industrial relations The experience of Wenling Journalof Contemporary China 24(94) 665ndash683

Wen X 2013 Gonghui zhixuan Guangdong shijian de jingyan yu jiaoxun (Union directelection Lessons from Guangdong) Paper presented at the 6th Annual Congress ofChina Labor Relations Association of the China Human Resource Development AssociationGuangzhou November 2013

Weston T B 2004 The iron man weeps Joblessness and political legitimacy in the Chinese rustbelt In P H Gries amp S Rosen (Eds) State and society in 21st century China Crisiscontention and legitimation 67ndash86 New York RoutledgeCurzon

Wu Q 2012 Jiti xieshang yu guojia zhudao xiade laodong guanxi zhili (Collective negotiationand state-oriented labor relations governance) Shehuixue Yanjiu (Sociological Studies)2012(3) 66ndash89

Xie Y amp Guo Y 2011 Zhongguo shi gongzi jiti xieshang moshi tansuo Wuhan shi canyin hangyegongzi jiti xieshang diaocha (A survey of collective consultation on wages in the catering industryin Wuhan) Zhongguo Laodong Guanxi Xueyuan Xuebao (Journal of China Instituteof Industrial Relations) 25(6) 54ndash58

Xie Y Chen J Chen P amp Xiao Q 2012 Zhongguo hangye gongzi jiti xieshang xiaoguode shizheng fenxi Yi Wuhan canyin hangye weili (An empirical analysis of industrialbargaining outcomes in China An example from the Wuhan restaurant and catering industry)Jingji Shehui Tizhi Bijiao (Comparative Economic and Social Systems) 2012(5)55ndash67

Ccopy 2016 The International Association for Chinese Management Research

Labor Unrest and Collective Bargaining 187

Xu X 2005 lsquoZiran zhuangtairsquo de gongzi jiti xieshang Zhongguo nanfang mouzhen yangmaoshanhangye gongzi jiti xieshang (Collective consultation and discussion on the wages under thelsquonatural conditionrsquo) Tianjin Gonghui Guanli Ganbu Xueyuan Xuebao (Journal ofTianjin Trade Union Administratorsrsquo College) 13(3) 29ndash32

Zhang H 2014 Informality in Chinarsquos collective bargaining Unpublished Masters thesisCornell University Ithaca NY

Zhang J amp Shi Y 2012 Guanyu hangye jiti xieshang qingkuang de diaocha baogao (Survey onindustrial collective negotiation) Zhongguo Laodong Guanxi Xueyuan Xuebao (Journalof China Institute of Industrial Relations) 26(4) 51ndash57

Sarosh Kuruvilla (sck4cornelledu) is Professor of Industrial RelationsAsian Studies and Public Affairs at Cornell University and Visiting Professor atthe London School of Economics His research focuses on the linkage betweeneconomic development strategies and labor and human resources policies Hehas published numerous articles and 3 books on various aspects of labor relationsin Asia He is currently researching collective bargaining in ChinaHao Zhang (hz256cornelledu) is a PhD student at Cornell UniversityrsquosSchool of Industrial and Labor Relations His primary research focus is laborand employment relations with special attention to China And he has ongoinginterests in globalization development political economy skill formationproduction and work

Manuscript received September 18 2014Final version accepted September 28 2015 (number of revisions ndash 2)Accepted by Editor-in-Chief Arie Lewin

Ccopy 2016 The International Association for Chinese Management Research

  • INTRODUCTION
  • THEORETICAL PERSPECTIVES
    • Worker Militancy
    • State Promotion of Collective Bargaining
    • Variations in Collective Bargaining
    • The Future of Collective Bargaining
      • METHODOLOGY
      • RESULTS
        • Strikes
        • Collective Bargaining
        • Emerging Variation Varieties of Collective Bargaining in China
          • DISCUSSION
            • Moving across Quadrants The Future of Collective Bargaining and The Roles of Unions and Employers
              • CONCLUSION
              • NOTES
              • REFERENCES

172 S Kuruvilla and H Zhang

Table 1 Strikes in China 2008ndashAugust 2014

Year

Number of

strikes

Average number of

strikes per month

2008 47 42009 32 32010 88 72011 233 192012 393 332013 656 552014 (till August) 644 81

(Source The 2008ndash2012 data about China are fromChina Strikes website available from URL httpschinastrikescrowdmapcom The 2013 data aboutChina are from China Labor Bulletin available fromURL httpwwwnumblecomPHPmysqlclbmapehtml)

6 916

0

20

40

60

80

100

120

140

Jan-

08

Jun-

08

Nov

-08

26

Apr-

09

Sep-

09

Feb-

10

Jul-1

0

17

31 3541

Dec-

10

May

-11

Oct

-11

Mar

-12

49

7265

78

64

119

Aug-

12

Jan-

13

Jun-

13

Nov

-13

105

-

Chin

Chin

a Strikes

a Labor Bullen

Figure 2 Monthly strikes in China 2008ndash2014 (Source China Labor Bulletin available fromURL httpwwwnumblecomPHPmysqlclbmapehtml and China Strikes available from URLhttpschinastrikescrowdmapcom)

RESULTS

Strikes

China Strikes reports a total of 793 strikes during the 2008ndash2012 period whilethe China Labour Bulletin indicates a total of 1867 strikes between Jan 2011 andAugust 2014 Table 1 shows counts of strikes after integrating estimates from bothwebsites What is notable is that the average frequency of strikes per month hasbeen increasing steadily Figure 2 graphs this trend[4] Chinese workers appear tobe striking more and longer indicative of their bargaining power

If one assumes as we argued that the Chinese data represents a massiveundercount of reality then clearly China is the lsquostrike capitalrsquo of the world withmore strikes per year than most other countries An alternative way of examiningwhether there is conflict in the system is to look at the number of labor disputes in

Ccopy 2016 The International Association for Chinese Management Research

Labor Unrest and Collective Bargaining 173

Table 2 Labor disputes in China (2000ndash2012 every alternative year)

2000 2002 2004 2006 2008 2010 2012

Annual Average

Growth Rate

Number of casesaccepted

135206 184116 260471 317162 693465 600865 641202 1385

Number ofworkersinvolved

422617 608396 764981 679312 1214328 815121 882487 633

Number ofcollective labordisputes

8247 11024 19241 13977 21880 9314 7252 minus 107

Number ofworkersinvolved incollective labordisputes

259445 374956 477992 348714 502713 211755 231894 minus 093

Number of casessettled

130688 178744 258678 310780 622719 634041 643292 1420

Number of casessettled bymediation

41877 50925 83400 104435 221284 250131 302552 1791

Number of casessettled byarbitrationlawsuit

54142 77340 110708 141465 274543 266506 268530 1428

Cases mediatedbefore accepted

77342 70840 130321 237283 163997 212937 1066

(Source China Labor Statistical Yearbook 2013)

China As the data in Table 2 suggests the number of labor disputes in China hasalso increased over the last few years

In sum and despite problems with the available data our research suggeststhat Chinese workers are increasingly militant and that the number of strikes inChina seems to be steadily increasing as are other indicators of industrial conflictconsistent with our expectations

Collective Bargaining

The published data show considerable growth in collective bargaining in Chinafrom 2006 onward As is apparent from Table 3 the annual growth rates in thenumber of collective contracts are high nearly 20 per year The number ofenterprises being covered by the contracts has been growing by almost 100 peryear indicating a great expansion of multi-employer ndash industrial and regionalndash contracts as well Clearly therefore the statersquos encouragement of collectivebargaining has been successful in quantitative terms Yet the growth in collectivebargaining does not show an appreciable decline in industrial conflict measuredby strikes or data on industrial disputes At a preliminary level this suggests thatthe statersquos encouragement of collective bargaining as a method of reducing conflict

Ccopy 2016 The International Association for Chinese Management Research

174 S Kuruvilla and H Zhang

Table 3 Growth of collective bargaining in China 2005ndash2010

2005 2006 2007 2008 2009 2010

Average Annual

Growth Rate

Number ofcollectivebargainingcontracts onwages

251794 304978 343329 410606 512151 608483 1930

Number ofenterprisescovered

41306 525964 622063 774501 901665 1115874 9334

Staff andworkerscovered bycollectivebargaining

35312320 37145872 39685737 51101198 61776321 75657331 1646

(Source China Trade Union Yearbooks 2006ndash2011)

Table 4 Wage growth in China (2000ndash2013)

Year

Average Yearly

Nominal

Wages (yuan) Growth of Nominal Wages Growth of Real Wages

2000 9333 122 1132001 10834 161 1532002 12373 142 1542003 13969 129 1192004 15920 140 1032005 18200 143 1252006 20856 146 1292007 24721 185 1342008 28898 169 1072009 32244 116 1262010 36539 133 982011 41799 144 862012 46769 119 902013 51483 101 73

(Source China Statistical Yearbook 2014)

and strikes is not successful or to be conservative not successful yet At the sametime data on wages show steady growth (see Table 4) We can draw two differentconclusions from this limited data One is that the key interest of the state wasnot to reduce conflict via the introduction of collective bargaining but to increaseand stabilize wages If this conception of the statersquos interest is correct then itprovides support for the argument that the state is acting in lsquodevelopmentalrsquo waysin encouraging collective bargaining as an instrument to rebalance the economy Analternative explanation is that the state does want to introduce collective bargainingin order to reduce conflict (as has been done in most parts of the world) but thequality of collective bargaining is not very good and hence does not meet that goal

Ccopy 2016 The International Association for Chinese Management Research

Labor Unrest and Collective Bargaining 175

FormalisticIneffective AuthenticEffective

Centralization

Decentralization

- Industry-wide Agreements that are ineffective egWuhan Restaurants

- Well established industry wide agreements eg The Wenling Model

- Template Bargaining

- Strike-triggered Bargaining

- State-intervened Bargaining

- Informal Bargaining

- Informal Coordination

- Democratic Grassroots Union Election

- Employer Coordination and state Intervention

Q3 Q4 Q1 Q2

Figure 3 A taxonomy of varieties of collective bargaining in China

If this is true then the policy prescriptions are clearer Below we look more closelyat the nature of collective bargaining

Emerging Variation Varieties of Collective Bargaining in China

Based on the limited available research we classify collective bargaining agreementsbased on how centralized or decentralized and how authentic or inauthentic theyare Recall our key caveat that there is relatively little published research andhence our taxonomy below (see Figure 3) is not based on a representative sampleas it should be However we want to highlight that this is by no means a staticclassification because we also see dynamism where there is movement from onequadrant to another At best this taxonomy should be seen as an initial estimateor baseline against which future research can examine progress over the comingdecade

Quadrant 1 Decentralized inauthentic collective bargaining Perhaps the most commonform of collective bargaining is what we term lsquotemplate bargainingrsquo and what other

Ccopy 2016 The International Association for Chinese Management Research

176 S Kuruvilla and H Zhang

researchers have described as lsquocollective contracts without collective bargainingrsquoor lsquopaper contractsrsquo (Chen 2007 Clarke et al 2004 Luo 2011) Typically thelocal government ndash often the labor administration and official union ndash develops atemplate for a collective contract that employers and the local branch of the unionshould sign (jiti hetong fanben) In some cases the template agreement contains blankspaces for wage increases which enterprises can customize to suit their needsUsually a template agreement leaves little room for the parties to bargain overinterest-based issues (Chen 2007) This is the model of collective bargaining mostcommonly followed by the ACFTU which provides its unions with these templateagreements for various regions that employers are requested to sign and whichre-state minimum legal conditions Often employers prepare the contracts andunions simply sign them without engaging in any negotiation (Clarke et al 2004Luo 2011 Taylor Chang amp Li 2003 Wu 2012)

The ACFTU which is targeted with increasing the coverage of collectivebargaining within the country appears more interested in the quantity ofagreements signed (to meet its targets) with relatively little focus on the quality (Wu2012) Some of these template agreements are not even enforced due to weaknessesin the labor inspection regime (Wu 2012) or because the local enterprise unionsalso exist primarily lsquoon paperrsquo having been set up by the ACFTU in collaborationwith the employer often without the workersrsquo knowledge (Liu 2010) Thus thougha large majority of Chinese collective bargaining agreements hew to this type wesee them as being largely inauthentic and the most decentralized given that theyare signed at the enterprise level These have been well documented in existingstudies (Clarke et al 2004 Luo 2011 Taylor et al 2003 Warner amp Ng 1999) sowe shall not expand on them here

Quadrant 2 Decentralized authentic collective bargaining A small but growing number ofcollective bargaining agreements at the firm level can be termed more authenticalthough there is some variation to the extent that they truly encapsulate genuinebargaining There are three different ways in which this type of collective bargainingis happening One and perhaps the most authentic form of collective bargainingis the negotiations that take place after a strike as Elfstrom amp Kuruvilla (2014)suggest The best known case of strike-triggered bargaining is the Honda NanhaiTransmission plantrsquos strike in 2010 that resulted in substantial wage increases forworkers and later also triggered a strike wave in the local and national auto industryleading to substantial wage negotiation in many of those cases as well (Hui 2011)Since a strike when it occurs is frequently settled by negotiations these days (Chang2013) the steady growth in the number of strikes implies growth in more authenticcollective bargaining There is increasing research that suggest that strikes beforeand during the 2010 strike wave were settled via negotiations between provisionallyelected workersrsquo representatives and employers (Chen 2010 Meng 2012 MengLu Lei Wang amp Chang 2011) Some of these strike-based settlements have beenoften facilitated by the mediation of local governments and official unions and

Ccopy 2016 The International Association for Chinese Management Research

Labor Unrest and Collective Bargaining 177

the state in various places has appeared to prefer using this approach rather thansuppressing striking workers (Chang 2013 Gallagher 2014) Chen (2010) refersto these dispute and strike settlement mechanisms as quadripartite bargaininginvolving four actors (the state the ACFTU the employers and the workers)Strikes and post-strike settlements are an important route by which collectivebargaining is becoming institutionalized suggests Meng (2012) in his research onDalian

The second way that authentic bargaining may occur without collective actionby workers is through the direct intervention by the local government Chan andHuirsquos (2014) research on Hondarsquos (Guangzhou) 2011 bargaining round suggeststhat although a union in which workers elected their representatives and collectivebargaining were institutionalized in the firm after the 2010 strike the localgovernment directly intervened in the negotiations during the 2011 bargaininground and encouraged the parties to come to agreement Arguably the localgovernment was interested in avoiding a potential strike We refer to this as authenticbecause it is occurring in a situation where workers choose their own representativesand the local government apparently takes the process seriously However this is amore isolated case

Although much of the prior literature has focused on formal bargaining structuresto make the claim that much of Chinese collective bargaining is inauthentic Zhang(2014) makes a compelling case that we should examine informal processes whichare perhaps just as important as formal structures and constitute the third wayin which bargaining is effective He finds in his study of the auto industry inTianjin that while formal bargaining looks just as formalistic as many other casesmuch of the real negotiation takes place at both enterprise and industry levelsthrough informal processes of coordination and negotiations that have resultedin meaningful outcomes Although there have not been strikes or governmentintervention in the auto-industry bargaining cases in Tianjin that Zhang examineshis research points to the active role of the firm union in ensuring substantialnegotiation Thus there are many different ways in which authentic bargaining iscarried out

Quadrant 3 Centralized and inauthentic collective bargaining A major strategy of theACFTUrsquos Rainbow Plan can be found in its effort to carry out regional and industry-level bargaining seen as necessary to bring employees of small and medium sizedfirms under collective bargaining coverage (Wu 2012) And as noted the ACFTUrsquosefforts are complemented by the state apparatus where key state departmentsoften take the lead in mobilizing employers For instance in the second authorrsquosongoing research he finds that in the case of hospitals in Tianjin the districtunion successfully mobilized the employers by leveraging the district Bureau ofPublic Health (BOPH) ndash a state institution in charge of examining approving andsupervising all local public health affairs ndash to create an industry wide collectivebargaining agreement However it was not clear that workers were aware of the

Ccopy 2016 The International Association for Chinese Management Research

178 S Kuruvilla and H Zhang

agreement nor was it clear that the agreement was enforced Similar efforts arealso identified in Tianjinrsquos construction industry as well as in other regions in Wursquos(2012) research

While we need more cases to draw firmer conclusions thus far what is clear isthat many of these industry-wide agreements are either formalistic or have shownthemselves to be ineffective and not institutionalized Similar to that of decentralizedand formalistic bargaining the reasons for ineffectiveness at this level include theunionrsquos focus on formalistic terms the absence of strict enforcement and oftenworker ignorance of the terms of the agreement or that they were represented bya union (a frequent issue when union representatives are not directly elected) (Wu2012) A classic example here is Friedmanrsquos (2014b) study of sectoral bargainingin Ruirsquoan eyeglass cluster in Zhejiang Province where workers interviewed indeedknew nothing about the industry level contract that covered them Probably thebest-known case of failure of enforcement of collective bargaining can be foundin Wuhan where the local government in a top-down process initiated sectoralnegotiations in 2011 in the restaurant industry Although the sectoral contract hasset wage terms for over 450000 workers from 40000 different establishments in2011 (Xie amp Guo 2011) and has been renegotiated successfully over the last threeyears which has been well covered by mass media recent research (Xie ChenChen amp Xiao 2012) shows that only 569 of employees surveyed were receivingthe wages stipulated in the contract

Despite these issues the ACFTU continues to focus on building collectivebargaining institutions at the industry and regional levels In Guangzhou forinstance the official union has organized the construction industry although nocollective bargaining has been successfully achieved (Friedman 2014b) In additionunion organizing by region has also been identified in areas with clusters of smallbusinesses such as community unions village union associations market unionsoffice building unions and union associations by ownership in development zones(Liu 2010) But we are skeptical of the prospects for institutionalization of collectivebargaining at the regional level given the heterogeneity in industries and firms ina region and given that often workers are not aware of the agreement nor do theyelect their representatives

Quadrant 4 Centralized authentic collective bargaining There are a few instances ofcentralized sectoral bargaining that qualify as authentic Unlike the previousexamples where it was either the local government or the ACFTU that was theprimary engine behind the development of collective bargaining in the case ofWenling the employers were the ones who initiated the project Wenling a town inZhejiang Province contains a knitwear cluster with more than 130 firms employingabout 12000 workers in 2002 In this case employers began spontaneous wagecoordination in an effort to deal with the rising turnover as a result of whatwas an acute labor shortage (Xu 2005) They formed an employer association in2000 and institutionalized wage coordination amongst themselves although not all

Ccopy 2016 The International Association for Chinese Management Research

Labor Unrest and Collective Bargaining 179

employers came on board By 2003 the local government stepped in establishingan industrial union which ultimately signed an industry-wide agreement with theemployer association (Wen amp Lin 2015) That contract has been renegotiated everyyear since and is stable although it overwhelmingly focuses on the piece-rates andnot other working conditions Moreover it is a clear case of relatively authenticcollective bargaining arrangement in terms of how well the contract is enforcedThe second author interviewed workers in the industry in 2013 and found that thepiece-rates that were used to pay them was higher than or equal to those stipulatedin the contract

The Wenling model is being increasingly diffused to other areas In all 15industries ndash including the pump sector in a town named Zeguo (Liu 2010) ndashhave carried out similar bargaining by 2012 covering roughly 6100 enterprisesand 400000 workers (Zhang amp Shi 2012) There are reports of cases developingin other textile and garment (Luthje Luo amp Zhang 2013 269) as well as othermanufacturing clusters (Lee 2011) The commonalities across these lsquosuccessfulcasesrsquo is that they are negotiating about the piece-rate at the industry level andwage coordination was welcomed by small and medium-sized firms in order toreduce turnover in a labor shortage situation Therefore success seems to be in partdetermined by employer interest and readiness for collective bargaining as well

DISCUSSION

Moving across Quadrants The Future of Collective Bargaining andThe Roles of Unions and Employers

While the above taxonomy presents a static picture of the varieties of collectivebargaining in China it is important to incorporate a dynamic element specificallywhat makes it possible to move from inauthentic to more authentic collectivebargaining and how might decentralized bargaining connect with more centralizedstructures to create more worker solidarity

How might we expect movement from inauthentic to more authentic bargainingat the firm level (ie from Quadrant 1 to Quadrant 2) Certainly as discussedearlier strikes could trigger such a movement But there are other ways as wellOne strategy recently adopted in Guangzhou and Shenzhen is the grassroots unionelection (namely direct election for grassroots trade union cadres [gonghui zhixuan])When workers are able to elect their own representatives rather than having unionleaders decided by the regional official union or the enterprise it builds the localunionsrsquo autonomy and independence and is one necessary step for the growth ofauthentic bargaining This focus on direct election is growing For instance theShenzhen Federation of Trade Unions announced in 2012 that 163 enterpriseswith more than 1000 employees would all adopt direct election (Eastmoney 2012)The second authorrsquos interview with a key informant involved in Shenzhenrsquos unionelection revealed that approximately 1000 out of the 30000 enterprise unions

Ccopy 2016 The International Association for Chinese Management Research

180 S Kuruvilla and H Zhang

in Shenzhen had lsquocarried out or reached the level of direct union election (dadao

zhixuan shuiping)rsquo by August 2011 In Guangzhou Peng amp Du (2010) report thatseveral hundred of the over 50000 firm unions had been directly elected by 2010The case of direct union elections in Omron (Shenzhen) has been documented inWen (2013) and Hui amp Chanrsquos (2014) work Yet we need more research to properlyevaluate how these elections are conducted

Although the efficacy of direct union elections has been debated (some argue thatthese elections were manipulated by employers or local officials others questionthe degree to which these will be institutionalized in todayrsquos political climate inChina and some suggest that there is rising opposition to direct elections fromboth employers and the state (Chan 2009 Howell 2008 Wen 2013) the availableevidence (Hui amp Chan 2014 Wen 2013) and more recent first hand evidence fromour research in Guangzhoursquos auto industry suggests that thus far democratic unionelections facilitates collective bargaining with real negotiation between workers andemployers including some conflictual negotiations that result in real rather thanformalistic outcomes and hence are more authentic

Movement from Quadrant 3 to 4 (ie from less authentic to more authenticbargaining at the centralized level) appears possible when employers take the firststep in coordinating through employer associations and when the local governmentdirectly intervenes to create industry wide settlements as suggested by the Wenlingmodel However given the lack of a real connection between unions at this leveland the workers they represent and the heterogeneous workplaces that makedirect election of representatives more difficult we are not convinced that such amovement is imminent In addition there are a number of implementation andenforcement failures such as in the case of the restaurant industry in Wuhan thatsuggest the difficulty of achieving meaningful collective bargaining coverage for anentire regional industry

There is some evidence of increased coordination between decentralized andcentralized levels Zhang (2014) finds evidence of links between industry wagestructures and firm level bargaining in a circumstance when lead and supplierfirms belonging to the same value chain in the local labor market are involvedThis indicates some degree of dynamism distinct from the mostly static pictureimplied by our classification This movement of informal coordination appearssimilar to those practices in the West especially in Europe although perhaps it isat a more incipient stage here As Chinese employers in a cluster or industry beginto build better institutional structures to facilitate coordination that will stimulatea similar movement amongst workers and unions and thereby promote industrywide bargaining as well as firm level bargaining

CONCLUSION

In this paper we examine the growth of strikes and collective bargaining in ChinaUsing McAdamrsquos political process model we argued that Chinese workers are

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Labor Unrest and Collective Bargaining 181

striking more and proactively after 2008 The Chinese state has encouraged thegrowth of collective bargaining although its motivations for doing so could beattributed to different interests such as providing a mechanism to resolve laborconflict or to increase wages in its effort to lsquorebalancersquo the economy a necessarycondition to avoid the middle income trap We argued further that we wouldexpect to see considerable variation in collective bargaining based on the differentialinterests of central and local states who are enjoying more autonomy than theydid in the past And our analysis of the official union (ACFTU) and the crises ofidentity and legitimacy that it faces led us to expect that collective bargaining willbe predominantly inauthentic

The evidence largely supports our expectations Chinese workers are clearlystriking more after 2008 and the numbers of strikes from two different sets of datashow steady increases Collective bargaining has also grown sharply after 2008 butthe key agent charged with the responsibility of increasing bargaining coverage (theACFTU) tends to view it generally as a bureaucratic exercise Hence our findingthat much of the incipient collective bargaining in China hews to the inauthenticside of the continuum We also find considerable variation however in collectivebargaining This variation is attributable to the willingness of the state to allowexperimentation and it would appear that different industrial relations actors ielocal labor bureaucracies local employers and local unions exercise considerablefreedom to develop particular structures

While our taxonomy presents a static picture of collective bargaining in Chinatoday we also highlight how it may change in the future under the presentinstitutional structure We have identified several conditions that are necessary forbargaining arrangements to move towards greater authenticity Specifically eventhough the Chinese state is unlikely to permit workers to affiliate with unions of theirchoice reforms within the ACFTU that move it in the direction of increasing itsrepresentative function is one avenue for change An amendment to the GuangdongProvincial Regulation on Collective Contracts for Enterprises is in our view onepathway to more authentic bargaining The regulation is detailed covering notonly the content and subject matter of collective bargaining but includes extensiveprovisions regarding various aspects of collective negotiations Most crucially theregulation specifies clearly that lsquonegotiation representatives of the employees of thefirm must either be selected by the trade union or democratically elected by thestaff and workersrsquo ndash the first time that democratic elections have been specified inany provincial legislation regarding collective bargaining

However despite the growth and variation that we see and despite the promiseimplicit in the Guangdong regulations overall our paper suggests that collectivebargaining in China is at a very incipient stage At this point in 2015 our initialanalyses would suggest that the institution of collective bargaining in China is moreeffective at increasing wages thereby meeting the statersquos interest in rebalancing theeconomy and less effective in meeting the statersquos alternative interest ie representingworkers adequately so as to reduce industrial conflict

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182 S Kuruvilla and H Zhang

Under what conditions could collective bargaining meet the statersquos alternativeinterest This requires that Chinese unions overcome their problems of identity andlegitimacy A necessary condition is that the state must be willing to provide theunions with more independence What might bring this about The state wouldbe willing to do so if the legitimacy of the CCP is under threat And that couldhappen if industrial conflict and labor exploitation continue to increase despite thenew laws and union activity

However recent decisions suggest that the state has elected to follow an alternativeapproach of improving bargaining effectiveness with more centralization ratherthan providing local union autonomy In 2014 the ACFTU introduced a newfive-year plan (2014ndash2018) to promote collective bargaining Simultaneously inorder to improve collective bargaining effectiveness the ACFTU has adoptednew guidelines to its locals These include the notion that 100 of the workerscovered under CB should be aware of the bargaining and have provided themwith relatively centralized formats that would permit aggregation of data onwages More importantly in May 2015 the central government and CCP releasedlsquoSuggestions for Establishing Harmonious Labor Relationsrsquo ndash the first time thatharmonious labor relations were promoted at the central level in a special documentThese actions suggest that the CCP has acknowledged the shortcomings of thecurrent collective bargaining system (ie poor implementation poor quality ofagreements and the ACFTUs general inability to represent workers) and thethreat of continued industrial conflict to its own legitimacy but is still leery ofproviding local unions and workers with more autonomy that might result in thesuccessful institutionalization of bargaining

How does the development of Chinese unions and collective bargaininginstitutions compare with other Asian nations We might look to both Taiwanand South Korea for parallels Japan however is less comparable because thepost-war development of both unions and collective bargaining developed intandem with democratization (Gould 1984) and was led by employers whointroduced the famous pillars of lifetime employment seniority based wages andenterprise unions in search of labor stability (Hashimoto 1991) In both Koreaand Taiwan however the export oriented industrialization regimes adopted byauthoritarian governments entailed a high degree of control of labor Ratherlike China today Taiwanrsquos policies then required the unions to be affiliated toone central federation (the Chinese Federation of Labor) which was controlled bythe Kuomintang regime (Deyo 1987) Korea adopted a similar approach with thecreation of the Federation of Korean Trade Unions created by the governmentHowever in contrast to Taiwan (where the workforce was mostly composed oflabor working in agriculture and small scale industries) Korearsquos labor movementeven under authoritarian governments developed a stronger working class identityDeyo (1987) and Chu (1998) argue due to the tradition of nationalist mobilizationagainst the Japanese occupation large sized firms involved in heavy industries andhigh industry concentration Both countries democratized in the late 1980s Given

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Labor Unrest and Collective Bargaining 183

their historical weakness the labor movement in Taiwan did not play a major rolein the democratization processes unlike the Korean labor movement which was acentral player in the process in Korea Consequently post democratization Koreanunions aggressively demonstrated their power through waves of strikes (Chu 1998)that resulted in the formal institutionalization of a new industrial relations regimealong pluralist lines Taiwanrsquos labor movement given its historical weakness did notassert themselves as strongly after democratization although a new labor relationsregime developed thereafter Thus although there was broad similarity in termsof state control of labor in Korea Taiwan and China that similarity ended in the1980s upon democratization in Korea and Taiwan The Chinese labor movementstill remains under state control and the future evolution of both labor unions andcollective bargaining is as we have argued earlier in this paper dependent on CCPrsquosstrategies

Having developed a lsquobaselinersquo taxonomy of collective bargaining how mightfuture research advance our knowledge about collective bargaining in China Mostimportantly we need research (detailed case studies) on how collective bargainingis conducted in different parts of China As Friedman and Kuruvilla (2014) haveargued there is much experimentation and decentralization and more empiricalevidence of these processes are clearly necessary in order to evaluate what worksbest in which locations and why We specifically need more case studies ofauthentic bargaining Second we need analyses of collective bargaining contracts(on both a national and regional scale) in order to determine which are the keyissues of contention between management and labor and how they are changingovertime More research on the various experiments regarding union electionsand the impact of these on bargaining processes and outcomes is a key need aswell Thus there are plenty of opportunities for cutting edge research in collectivebargaining in China and we hope that Chinese management scholars would answerthis call for research into a crucial national human resource issue

NOTES

We thank Manfred Elfstrom and Eli Friedman for comments on an earlier version of this article andthe faculty at Renmin University School of Labor and Human Resources for hosting us[1] There have been various administrative provisions for collective negotiations since 1994 but

legal backing was only granted via the Labor Contract Law beginning in January 2008[2] According to the National Bureau of Statistics (NBS) the term lsquoenterprises above designated

sizersquo points to those industrial legal person enterprises whose yearly main business incomes equalto or are more than 5 million yuan (2009)

[3] The political geography in China divides the country into three levels of bureaucracies below thenational level namely the provincial level the citycounty level and the township level (Note thata village government is not an official bureaucracy but a villagersrsquo self-management organization)However as a legacy of the Kuomintang regime most cities include and administrate severalcounties and therefore the de facto bureaucratic system in China ndash according to which bothofficial unions and governments are structured ndash actually has four levels ie the provincial levelthe city level the countydistrict level and the township level

[4] We admit the possibility that the growing trend may be partially because of a betterdocumentation system now than before

Ccopy 2016 The International Association for Chinese Management Research

184 S Kuruvilla and H Zhang

REFERENCES

Bandurski D 2008 Taxi strikes in China highlight changing press controls China Media Project[Cited 31 March 2015] Available from URL httpcmphkuhk200811121344

Blecher M 1991 Development state entrepreneurial state The political economy of socialist reformin Xinji Municipality and Guanghan County In G White (Ed) The Chinese state in theera of economic reform The road to crisis 265ndash294 Basingstoke Macmillan

Blecher M amp Shue V 1996 Tethered deer Government and economy in a Chinese countyStanford CA Stanford University Press

Brown R 2006 Chinarsquos collective contract provisions Can collective negotiations embody collectivebargaining Duke Journal of Comparative and International Law 35 35ndash77

Cai F 2007 Zhongguo jingji mianlin de zhuanzhe jiqi dui fazhan he gaige de tiaozhan (The turningpoint faced by the Chinese economy and the challenge it presents to development and reform)Zhongguo Shehui Kexue (Social Sciences in China) 2007(3) 4ndash12

Chan A 1993 Revolution or corporatism Workers and trade unions in post-Mao China TheAustralian Journal of Chinese Affairs 29 31ndash61

Chan A 2009 Challenges and possibilities for democratic grassroots union elections in China Acase study of two factory-level elections and their aftermath Labor Studies Journal 34(3)293ndash317

Chan C K C amp Hui E S I 2014 The development of collective bargaining in China Fromlsquocollective bargaining by riotrsquo to lsquoparty state-led wage bargainingrsquo The China Quarterly217(1) 221ndash242

Chan K W 2010 A China paradox Migrant labor shortage amidst rural labor supply abundanceEurasian Geography and Economics 51(4) 513ndash530

Chang K 2013 Laogong guanxi jitihua zhuanxing yu zhengfu laogong zhengce de wanshan (Thecollective transformation of industrial relations and improvement of labor policies) ZhongguoShehui Kexue (Social Sciences in China) 2013(6) 91ndash108

Chen F 2003 Between the state and labour The conflict of Chinese trade unionsrsquo double identityin market reform The China Quarterly 176 1006ndash1028

Chen F 2007 Individual rights and collective rights Laborrsquos predicament in China Communistand Post-Communist Studies 40(1) 59ndash79

Chen F 2010 Trade unions and the quadripartite interactions in strike settlement in China TheChina Quarterly 201 104ndash124

Chu Y W 1998 Labor and democratization in South Korea and Taiwan Journal ofContemporary Asia 28(2) 185ndash202

Clarke S Lee C amp Li Q 2004 Collective consultation and industrial relations in China BritishJournal of Industrial Relations 42(2) 235ndash254

Deyo F C 1987 State and labor Modes of political exclusion in the East Asian development InF C Deyo (Ed) The political economy of the new Asian industrialism Ithaca NYCornell University Press

Eastmoney 2010 Zhixuan gonghui zhihou (After the direct election of the union)[Cited 14 September 2013] Available from URL httpmoneyeastmoneycomnews158320120918251427566html

Eisenhardt K 1989 Building theories from case study research Academy of ManagementReview 14(4) 532ndash550

Elfstrom M amp Kuruvilla S 2014 The changing nature of labor unrest in China Industrial andLabor Relations Review 67(2) 453ndash480

Frenkel S amp Kuruvilla S 2002 Logics of action globalization and changing employment relationsin China India Malaysia and the Philippines Industrial and Labor Relations Review55(3) 387ndash412

Friedman E D 2014a Insurgency trap Labor politics in postsocialist China Ithaca NYCornell University Press

Friedman E D 2014b Economic development and sectoral unions in China Industrial andLabor Relations Review 67(2) 481ndash503

Friedmand E D amp Kuruvilla S 2015 Experimentation and decentralization in Chinese industrialrelations Human Relations 68(2) 181ndash195

Friedman E amp Lee C K 2010 Remaking the world of Chinese labour A 30-year retrospectiveBritish Journal of Industrial Relations 48(3) 507ndash533

Ccopy 2016 The International Association for Chinese Management Research

Labor Unrest and Collective Bargaining 185

Gallagher M E 2005 Contagious capitalism Globalization and the politics of labor inChina Princeton Princeton University Press

Gallagher M E 2010 lsquoWe are not machinesrsquo Teen spirit on Chinarsquos shopfloor China Beat [Cited31 March 2015] Available from URL httpwwwthechinabeatorgp=2538

Gallagher M E amp Dong B 2011 Legislating harmony Labor law reform in contemporaryChina In S Kuruvilla C K Lee amp M E Gallagher (Eds) From iron rice bowl toinformalization Markets workers and the state in a changing China Ch3 IthacaNY Cornell University Press

Gallagher M E 2014 Chinarsquos workers movement and the end of the rapid-growth era Daedalus143(2) 81ndash95

Gould W B 1984 Japanrsquos reshaping of American labor law Cambridge MA MIT PressHashimoto M 1991 The industrial relations system in Japan An interpretation and policy

implications Managerial and Decision Economics 12 147ndash157Howell J A 2006 Reflections on the Chinese state Development and Change 37 273ndash

297Howell J A 2008 All-China Federation of Trades Unions beyond reform The slow march of direct

elections The China Quarterly 196 845ndash863Hu Y 2011 Shenme shi jiti hetong lsquoCaihong Jihuarsquo (What is the collective contract lsquoRainbow Planrsquo)

[Cited 14 September 2013] Available from URL httpwwwhaishang-lawcomArticlezhuanyeyanjiulaodongjiufen2011046155html

Hui E S I 2011 Understanding labour activism The Honda workersrsquo strike In C Scherrer (Ed)Chinarsquos labor questions Ch3 Munchen Mering Germang Rainer Hampp

Hui E S I amp Chan C K C 2014 Beyond the union-centered approach A critical evaluation ofrecent trade union elections in China British Journal of Industrial Relations

Katz H amp Darbishire O 2002 Converging divergences Worldwide changes inemployment systems Ithaca NY Cornell University Press

Katz H C Kochan T A amp Colvin A J S 2014 Labor relations in a global world Anintroduction focused on emerging countries Ithaca NY Cornell University Press

Lee C H 2011 Between the hierarchy and market Emerging mezzo-corporatistindustrial relations in China Unpublished manuscript

Lee C K 2007 Against the law Labor protests in Chinarsquos Rustbelt and Sunbelt BerkeleyUniversity of California Press

Liu M 2010 Union organizing in China Still a monolithic labor movement Industrial andLabor Relations Review 64(1) 30ndash52

Luo S 2011 Collective contracts but no collective bargaining In C Scherrer (Ed) Chinarsquos laborquestions Ch3 Munchen Mering Germang Rainer Hampp

Luthje B 2012 Diverging trajectories Economic rebalancing and labor policiesin China East-West Center Working Paper No 23 [Cited 31 March 2015] Avail-able from URL httpwwweastwestcenterorgpublicationsdiverging-trajectories-economic-rebalancing-and-labor-policies-china

Luthje B Luo S amp Zhang H 2013 Beyond the Iron Rice Bowl Regimes of productionand industrial relations in China Frankfurt amp New York Campus

McAdam D 1999 Political process and the development of Black Insurgency 1930ndash19702nd ed Chicago and London The University of Chicago Press

McDermott E P 2010 Industrial relations in China Ball of Confusion In K Townsend ampA Wilkinson (Eds) Research handbook on work and employment relations Ch16United Kingdom Edward Elgar Publishing

Meng Q 2012 Tanpan youxi zhong de lsquoshuoherenrsquo Yi DLDA qu wei li (The lsquomediatorrsquo in thebargaining game A case of DLDA) Qinghua Shehuixue Pinglun (Tsinghua SociologicalReview) 6 206ndash222

Meng Q Lu J Lei X Wang R amp Chang C 2011 2010 Zhongguo bagongchaodiaocha yu fenxi baogao (Report on the 2010 strike wave in China) Unpublishedmanuscript

OECD 2013 Protecting jobs enhancing flexibility A new look at employment protectionlegislation In OECD Employment Outlook Ch2 [Cited 31 March 2015] Available from URLhttpdxdoiorg101787empl_outlook-2013-en

Oi J 1995 The role of the local state in Chinarsquos transitional Economy The China Quarterly 1441132ndash1149

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186 S Kuruvilla and H Zhang

Peng M amp Du Q 2010 Quanzong guli tansuo gonghui zhuxi zhixuan (The ACFTUencourages direct elections of union chairs) [Cited 14 September 2013] Available fromURL httpepaperoeeeecomAhtml2010-0911content_1175401htm

Pan P P 2009 Out of Maorsquos shadow The struggle for the soul of a new China New YorkSimon amp Schuster

Rapoza K 2011 In coastal China a labor shortage Forbes [Cited 31 March2015] Available from URL httpwwwforbescomsiteskenrapoza20111220in-coastal-china-a-labor-shortage

Silver B J amp Zhang L 2009 China as an emerging epicenter of world labor unrest In H-F Hung(Ed) China and the transformation of global capitalism Baltimore Johns HopkinsUniversity Press

Stockmann D amp Gallagher M E 2011 Remote control How the media sustain authoritarian rulein China Comparative Political Studies 44(4) 436ndash467

Taylor B Chang K amp Li Q 2003 Industrial relations in China Cheltenham Edward ElgarTaylor B amp Li Q 2007 Is the ACFTU a union and does it matter Journal of Industrial

Relations 49(5) 701ndash715Taylor B amp Li Q 2010 Chinarsquos creative approach to lsquounionrsquo organizing Labor History 51(3)

411ndash428Tarrow S 1998 Power in movement Social movements and contentious politics New

York Cambridge University PressThe China Post 2012 China eyes 13 minimum wage rise in 5 years [Cited 31 March

2015] Available from URL httpwwwchinapostcomtwbusinessasia-china20120209331042China-eyeshtm

The Economist 2012 A dangerous year Unrest in China [Cited 31 March 2015] Available fromURL httpwwweconomistcomnode21543477

Unger J 2002 The transformation of rural China Armonk NY M E SharpeUnger J amp Chan A 1995 China corporatism and the East Asian model The Australian Journal

of Chinese Affairs 1995 29ndash53Venn D 2009 Legislation collective bargaining and enforcement Updating the OECD

employment protection indicators [Cited 31 March 2015] Available from URLhttpwwwoecdorgemploymentemp43116624pdf

Wang Z 2012 More workers staying near home China Daily [Cited 31 March 2015] Available fromURL httpwwwchinadailycomcnchina2012-0428content15166329htm

Warner M amp Ng S H 1999 Collective contracts in Chinese enterprises A new brand of collectivebargaining under lsquomarket Socialismrsquo British Journal of Industrial Relations 37(2) 295ndash314

Webb S amp Webb B 1897 Industrial democracy London New York amp Bombay LongmansGreen amp Co

Wen X amp Lin K 2015 Reconstituting industrial relations The experience of Wenling Journalof Contemporary China 24(94) 665ndash683

Wen X 2013 Gonghui zhixuan Guangdong shijian de jingyan yu jiaoxun (Union directelection Lessons from Guangdong) Paper presented at the 6th Annual Congress ofChina Labor Relations Association of the China Human Resource Development AssociationGuangzhou November 2013

Weston T B 2004 The iron man weeps Joblessness and political legitimacy in the Chinese rustbelt In P H Gries amp S Rosen (Eds) State and society in 21st century China Crisiscontention and legitimation 67ndash86 New York RoutledgeCurzon

Wu Q 2012 Jiti xieshang yu guojia zhudao xiade laodong guanxi zhili (Collective negotiationand state-oriented labor relations governance) Shehuixue Yanjiu (Sociological Studies)2012(3) 66ndash89

Xie Y amp Guo Y 2011 Zhongguo shi gongzi jiti xieshang moshi tansuo Wuhan shi canyin hangyegongzi jiti xieshang diaocha (A survey of collective consultation on wages in the catering industryin Wuhan) Zhongguo Laodong Guanxi Xueyuan Xuebao (Journal of China Instituteof Industrial Relations) 25(6) 54ndash58

Xie Y Chen J Chen P amp Xiao Q 2012 Zhongguo hangye gongzi jiti xieshang xiaoguode shizheng fenxi Yi Wuhan canyin hangye weili (An empirical analysis of industrialbargaining outcomes in China An example from the Wuhan restaurant and catering industry)Jingji Shehui Tizhi Bijiao (Comparative Economic and Social Systems) 2012(5)55ndash67

Ccopy 2016 The International Association for Chinese Management Research

Labor Unrest and Collective Bargaining 187

Xu X 2005 lsquoZiran zhuangtairsquo de gongzi jiti xieshang Zhongguo nanfang mouzhen yangmaoshanhangye gongzi jiti xieshang (Collective consultation and discussion on the wages under thelsquonatural conditionrsquo) Tianjin Gonghui Guanli Ganbu Xueyuan Xuebao (Journal ofTianjin Trade Union Administratorsrsquo College) 13(3) 29ndash32

Zhang H 2014 Informality in Chinarsquos collective bargaining Unpublished Masters thesisCornell University Ithaca NY

Zhang J amp Shi Y 2012 Guanyu hangye jiti xieshang qingkuang de diaocha baogao (Survey onindustrial collective negotiation) Zhongguo Laodong Guanxi Xueyuan Xuebao (Journalof China Institute of Industrial Relations) 26(4) 51ndash57

Sarosh Kuruvilla (sck4cornelledu) is Professor of Industrial RelationsAsian Studies and Public Affairs at Cornell University and Visiting Professor atthe London School of Economics His research focuses on the linkage betweeneconomic development strategies and labor and human resources policies Hehas published numerous articles and 3 books on various aspects of labor relationsin Asia He is currently researching collective bargaining in ChinaHao Zhang (hz256cornelledu) is a PhD student at Cornell UniversityrsquosSchool of Industrial and Labor Relations His primary research focus is laborand employment relations with special attention to China And he has ongoinginterests in globalization development political economy skill formationproduction and work

Manuscript received September 18 2014Final version accepted September 28 2015 (number of revisions ndash 2)Accepted by Editor-in-Chief Arie Lewin

Ccopy 2016 The International Association for Chinese Management Research

  • INTRODUCTION
  • THEORETICAL PERSPECTIVES
    • Worker Militancy
    • State Promotion of Collective Bargaining
    • Variations in Collective Bargaining
    • The Future of Collective Bargaining
      • METHODOLOGY
      • RESULTS
        • Strikes
        • Collective Bargaining
        • Emerging Variation Varieties of Collective Bargaining in China
          • DISCUSSION
            • Moving across Quadrants The Future of Collective Bargaining and The Roles of Unions and Employers
              • CONCLUSION
              • NOTES
              • REFERENCES

Labor Unrest and Collective Bargaining 173

Table 2 Labor disputes in China (2000ndash2012 every alternative year)

2000 2002 2004 2006 2008 2010 2012

Annual Average

Growth Rate

Number of casesaccepted

135206 184116 260471 317162 693465 600865 641202 1385

Number ofworkersinvolved

422617 608396 764981 679312 1214328 815121 882487 633

Number ofcollective labordisputes

8247 11024 19241 13977 21880 9314 7252 minus 107

Number ofworkersinvolved incollective labordisputes

259445 374956 477992 348714 502713 211755 231894 minus 093

Number of casessettled

130688 178744 258678 310780 622719 634041 643292 1420

Number of casessettled bymediation

41877 50925 83400 104435 221284 250131 302552 1791

Number of casessettled byarbitrationlawsuit

54142 77340 110708 141465 274543 266506 268530 1428

Cases mediatedbefore accepted

77342 70840 130321 237283 163997 212937 1066

(Source China Labor Statistical Yearbook 2013)

China As the data in Table 2 suggests the number of labor disputes in China hasalso increased over the last few years

In sum and despite problems with the available data our research suggeststhat Chinese workers are increasingly militant and that the number of strikes inChina seems to be steadily increasing as are other indicators of industrial conflictconsistent with our expectations

Collective Bargaining

The published data show considerable growth in collective bargaining in Chinafrom 2006 onward As is apparent from Table 3 the annual growth rates in thenumber of collective contracts are high nearly 20 per year The number ofenterprises being covered by the contracts has been growing by almost 100 peryear indicating a great expansion of multi-employer ndash industrial and regionalndash contracts as well Clearly therefore the statersquos encouragement of collectivebargaining has been successful in quantitative terms Yet the growth in collectivebargaining does not show an appreciable decline in industrial conflict measuredby strikes or data on industrial disputes At a preliminary level this suggests thatthe statersquos encouragement of collective bargaining as a method of reducing conflict

Ccopy 2016 The International Association for Chinese Management Research

174 S Kuruvilla and H Zhang

Table 3 Growth of collective bargaining in China 2005ndash2010

2005 2006 2007 2008 2009 2010

Average Annual

Growth Rate

Number ofcollectivebargainingcontracts onwages

251794 304978 343329 410606 512151 608483 1930

Number ofenterprisescovered

41306 525964 622063 774501 901665 1115874 9334

Staff andworkerscovered bycollectivebargaining

35312320 37145872 39685737 51101198 61776321 75657331 1646

(Source China Trade Union Yearbooks 2006ndash2011)

Table 4 Wage growth in China (2000ndash2013)

Year

Average Yearly

Nominal

Wages (yuan) Growth of Nominal Wages Growth of Real Wages

2000 9333 122 1132001 10834 161 1532002 12373 142 1542003 13969 129 1192004 15920 140 1032005 18200 143 1252006 20856 146 1292007 24721 185 1342008 28898 169 1072009 32244 116 1262010 36539 133 982011 41799 144 862012 46769 119 902013 51483 101 73

(Source China Statistical Yearbook 2014)

and strikes is not successful or to be conservative not successful yet At the sametime data on wages show steady growth (see Table 4) We can draw two differentconclusions from this limited data One is that the key interest of the state wasnot to reduce conflict via the introduction of collective bargaining but to increaseand stabilize wages If this conception of the statersquos interest is correct then itprovides support for the argument that the state is acting in lsquodevelopmentalrsquo waysin encouraging collective bargaining as an instrument to rebalance the economy Analternative explanation is that the state does want to introduce collective bargainingin order to reduce conflict (as has been done in most parts of the world) but thequality of collective bargaining is not very good and hence does not meet that goal

Ccopy 2016 The International Association for Chinese Management Research

Labor Unrest and Collective Bargaining 175

FormalisticIneffective AuthenticEffective

Centralization

Decentralization

- Industry-wide Agreements that are ineffective egWuhan Restaurants

- Well established industry wide agreements eg The Wenling Model

- Template Bargaining

- Strike-triggered Bargaining

- State-intervened Bargaining

- Informal Bargaining

- Informal Coordination

- Democratic Grassroots Union Election

- Employer Coordination and state Intervention

Q3 Q4 Q1 Q2

Figure 3 A taxonomy of varieties of collective bargaining in China

If this is true then the policy prescriptions are clearer Below we look more closelyat the nature of collective bargaining

Emerging Variation Varieties of Collective Bargaining in China

Based on the limited available research we classify collective bargaining agreementsbased on how centralized or decentralized and how authentic or inauthentic theyare Recall our key caveat that there is relatively little published research andhence our taxonomy below (see Figure 3) is not based on a representative sampleas it should be However we want to highlight that this is by no means a staticclassification because we also see dynamism where there is movement from onequadrant to another At best this taxonomy should be seen as an initial estimateor baseline against which future research can examine progress over the comingdecade

Quadrant 1 Decentralized inauthentic collective bargaining Perhaps the most commonform of collective bargaining is what we term lsquotemplate bargainingrsquo and what other

Ccopy 2016 The International Association for Chinese Management Research

176 S Kuruvilla and H Zhang

researchers have described as lsquocollective contracts without collective bargainingrsquoor lsquopaper contractsrsquo (Chen 2007 Clarke et al 2004 Luo 2011) Typically thelocal government ndash often the labor administration and official union ndash develops atemplate for a collective contract that employers and the local branch of the unionshould sign (jiti hetong fanben) In some cases the template agreement contains blankspaces for wage increases which enterprises can customize to suit their needsUsually a template agreement leaves little room for the parties to bargain overinterest-based issues (Chen 2007) This is the model of collective bargaining mostcommonly followed by the ACFTU which provides its unions with these templateagreements for various regions that employers are requested to sign and whichre-state minimum legal conditions Often employers prepare the contracts andunions simply sign them without engaging in any negotiation (Clarke et al 2004Luo 2011 Taylor Chang amp Li 2003 Wu 2012)

The ACFTU which is targeted with increasing the coverage of collectivebargaining within the country appears more interested in the quantity ofagreements signed (to meet its targets) with relatively little focus on the quality (Wu2012) Some of these template agreements are not even enforced due to weaknessesin the labor inspection regime (Wu 2012) or because the local enterprise unionsalso exist primarily lsquoon paperrsquo having been set up by the ACFTU in collaborationwith the employer often without the workersrsquo knowledge (Liu 2010) Thus thougha large majority of Chinese collective bargaining agreements hew to this type wesee them as being largely inauthentic and the most decentralized given that theyare signed at the enterprise level These have been well documented in existingstudies (Clarke et al 2004 Luo 2011 Taylor et al 2003 Warner amp Ng 1999) sowe shall not expand on them here

Quadrant 2 Decentralized authentic collective bargaining A small but growing number ofcollective bargaining agreements at the firm level can be termed more authenticalthough there is some variation to the extent that they truly encapsulate genuinebargaining There are three different ways in which this type of collective bargainingis happening One and perhaps the most authentic form of collective bargainingis the negotiations that take place after a strike as Elfstrom amp Kuruvilla (2014)suggest The best known case of strike-triggered bargaining is the Honda NanhaiTransmission plantrsquos strike in 2010 that resulted in substantial wage increases forworkers and later also triggered a strike wave in the local and national auto industryleading to substantial wage negotiation in many of those cases as well (Hui 2011)Since a strike when it occurs is frequently settled by negotiations these days (Chang2013) the steady growth in the number of strikes implies growth in more authenticcollective bargaining There is increasing research that suggest that strikes beforeand during the 2010 strike wave were settled via negotiations between provisionallyelected workersrsquo representatives and employers (Chen 2010 Meng 2012 MengLu Lei Wang amp Chang 2011) Some of these strike-based settlements have beenoften facilitated by the mediation of local governments and official unions and

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Labor Unrest and Collective Bargaining 177

the state in various places has appeared to prefer using this approach rather thansuppressing striking workers (Chang 2013 Gallagher 2014) Chen (2010) refersto these dispute and strike settlement mechanisms as quadripartite bargaininginvolving four actors (the state the ACFTU the employers and the workers)Strikes and post-strike settlements are an important route by which collectivebargaining is becoming institutionalized suggests Meng (2012) in his research onDalian

The second way that authentic bargaining may occur without collective actionby workers is through the direct intervention by the local government Chan andHuirsquos (2014) research on Hondarsquos (Guangzhou) 2011 bargaining round suggeststhat although a union in which workers elected their representatives and collectivebargaining were institutionalized in the firm after the 2010 strike the localgovernment directly intervened in the negotiations during the 2011 bargaininground and encouraged the parties to come to agreement Arguably the localgovernment was interested in avoiding a potential strike We refer to this as authenticbecause it is occurring in a situation where workers choose their own representativesand the local government apparently takes the process seriously However this is amore isolated case

Although much of the prior literature has focused on formal bargaining structuresto make the claim that much of Chinese collective bargaining is inauthentic Zhang(2014) makes a compelling case that we should examine informal processes whichare perhaps just as important as formal structures and constitute the third wayin which bargaining is effective He finds in his study of the auto industry inTianjin that while formal bargaining looks just as formalistic as many other casesmuch of the real negotiation takes place at both enterprise and industry levelsthrough informal processes of coordination and negotiations that have resultedin meaningful outcomes Although there have not been strikes or governmentintervention in the auto-industry bargaining cases in Tianjin that Zhang examineshis research points to the active role of the firm union in ensuring substantialnegotiation Thus there are many different ways in which authentic bargaining iscarried out

Quadrant 3 Centralized and inauthentic collective bargaining A major strategy of theACFTUrsquos Rainbow Plan can be found in its effort to carry out regional and industry-level bargaining seen as necessary to bring employees of small and medium sizedfirms under collective bargaining coverage (Wu 2012) And as noted the ACFTUrsquosefforts are complemented by the state apparatus where key state departmentsoften take the lead in mobilizing employers For instance in the second authorrsquosongoing research he finds that in the case of hospitals in Tianjin the districtunion successfully mobilized the employers by leveraging the district Bureau ofPublic Health (BOPH) ndash a state institution in charge of examining approving andsupervising all local public health affairs ndash to create an industry wide collectivebargaining agreement However it was not clear that workers were aware of the

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178 S Kuruvilla and H Zhang

agreement nor was it clear that the agreement was enforced Similar efforts arealso identified in Tianjinrsquos construction industry as well as in other regions in Wursquos(2012) research

While we need more cases to draw firmer conclusions thus far what is clear isthat many of these industry-wide agreements are either formalistic or have shownthemselves to be ineffective and not institutionalized Similar to that of decentralizedand formalistic bargaining the reasons for ineffectiveness at this level include theunionrsquos focus on formalistic terms the absence of strict enforcement and oftenworker ignorance of the terms of the agreement or that they were represented bya union (a frequent issue when union representatives are not directly elected) (Wu2012) A classic example here is Friedmanrsquos (2014b) study of sectoral bargainingin Ruirsquoan eyeglass cluster in Zhejiang Province where workers interviewed indeedknew nothing about the industry level contract that covered them Probably thebest-known case of failure of enforcement of collective bargaining can be foundin Wuhan where the local government in a top-down process initiated sectoralnegotiations in 2011 in the restaurant industry Although the sectoral contract hasset wage terms for over 450000 workers from 40000 different establishments in2011 (Xie amp Guo 2011) and has been renegotiated successfully over the last threeyears which has been well covered by mass media recent research (Xie ChenChen amp Xiao 2012) shows that only 569 of employees surveyed were receivingthe wages stipulated in the contract

Despite these issues the ACFTU continues to focus on building collectivebargaining institutions at the industry and regional levels In Guangzhou forinstance the official union has organized the construction industry although nocollective bargaining has been successfully achieved (Friedman 2014b) In additionunion organizing by region has also been identified in areas with clusters of smallbusinesses such as community unions village union associations market unionsoffice building unions and union associations by ownership in development zones(Liu 2010) But we are skeptical of the prospects for institutionalization of collectivebargaining at the regional level given the heterogeneity in industries and firms ina region and given that often workers are not aware of the agreement nor do theyelect their representatives

Quadrant 4 Centralized authentic collective bargaining There are a few instances ofcentralized sectoral bargaining that qualify as authentic Unlike the previousexamples where it was either the local government or the ACFTU that was theprimary engine behind the development of collective bargaining in the case ofWenling the employers were the ones who initiated the project Wenling a town inZhejiang Province contains a knitwear cluster with more than 130 firms employingabout 12000 workers in 2002 In this case employers began spontaneous wagecoordination in an effort to deal with the rising turnover as a result of whatwas an acute labor shortage (Xu 2005) They formed an employer association in2000 and institutionalized wage coordination amongst themselves although not all

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Labor Unrest and Collective Bargaining 179

employers came on board By 2003 the local government stepped in establishingan industrial union which ultimately signed an industry-wide agreement with theemployer association (Wen amp Lin 2015) That contract has been renegotiated everyyear since and is stable although it overwhelmingly focuses on the piece-rates andnot other working conditions Moreover it is a clear case of relatively authenticcollective bargaining arrangement in terms of how well the contract is enforcedThe second author interviewed workers in the industry in 2013 and found that thepiece-rates that were used to pay them was higher than or equal to those stipulatedin the contract

The Wenling model is being increasingly diffused to other areas In all 15industries ndash including the pump sector in a town named Zeguo (Liu 2010) ndashhave carried out similar bargaining by 2012 covering roughly 6100 enterprisesand 400000 workers (Zhang amp Shi 2012) There are reports of cases developingin other textile and garment (Luthje Luo amp Zhang 2013 269) as well as othermanufacturing clusters (Lee 2011) The commonalities across these lsquosuccessfulcasesrsquo is that they are negotiating about the piece-rate at the industry level andwage coordination was welcomed by small and medium-sized firms in order toreduce turnover in a labor shortage situation Therefore success seems to be in partdetermined by employer interest and readiness for collective bargaining as well

DISCUSSION

Moving across Quadrants The Future of Collective Bargaining andThe Roles of Unions and Employers

While the above taxonomy presents a static picture of the varieties of collectivebargaining in China it is important to incorporate a dynamic element specificallywhat makes it possible to move from inauthentic to more authentic collectivebargaining and how might decentralized bargaining connect with more centralizedstructures to create more worker solidarity

How might we expect movement from inauthentic to more authentic bargainingat the firm level (ie from Quadrant 1 to Quadrant 2) Certainly as discussedearlier strikes could trigger such a movement But there are other ways as wellOne strategy recently adopted in Guangzhou and Shenzhen is the grassroots unionelection (namely direct election for grassroots trade union cadres [gonghui zhixuan])When workers are able to elect their own representatives rather than having unionleaders decided by the regional official union or the enterprise it builds the localunionsrsquo autonomy and independence and is one necessary step for the growth ofauthentic bargaining This focus on direct election is growing For instance theShenzhen Federation of Trade Unions announced in 2012 that 163 enterpriseswith more than 1000 employees would all adopt direct election (Eastmoney 2012)The second authorrsquos interview with a key informant involved in Shenzhenrsquos unionelection revealed that approximately 1000 out of the 30000 enterprise unions

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180 S Kuruvilla and H Zhang

in Shenzhen had lsquocarried out or reached the level of direct union election (dadao

zhixuan shuiping)rsquo by August 2011 In Guangzhou Peng amp Du (2010) report thatseveral hundred of the over 50000 firm unions had been directly elected by 2010The case of direct union elections in Omron (Shenzhen) has been documented inWen (2013) and Hui amp Chanrsquos (2014) work Yet we need more research to properlyevaluate how these elections are conducted

Although the efficacy of direct union elections has been debated (some argue thatthese elections were manipulated by employers or local officials others questionthe degree to which these will be institutionalized in todayrsquos political climate inChina and some suggest that there is rising opposition to direct elections fromboth employers and the state (Chan 2009 Howell 2008 Wen 2013) the availableevidence (Hui amp Chan 2014 Wen 2013) and more recent first hand evidence fromour research in Guangzhoursquos auto industry suggests that thus far democratic unionelections facilitates collective bargaining with real negotiation between workers andemployers including some conflictual negotiations that result in real rather thanformalistic outcomes and hence are more authentic

Movement from Quadrant 3 to 4 (ie from less authentic to more authenticbargaining at the centralized level) appears possible when employers take the firststep in coordinating through employer associations and when the local governmentdirectly intervenes to create industry wide settlements as suggested by the Wenlingmodel However given the lack of a real connection between unions at this leveland the workers they represent and the heterogeneous workplaces that makedirect election of representatives more difficult we are not convinced that such amovement is imminent In addition there are a number of implementation andenforcement failures such as in the case of the restaurant industry in Wuhan thatsuggest the difficulty of achieving meaningful collective bargaining coverage for anentire regional industry

There is some evidence of increased coordination between decentralized andcentralized levels Zhang (2014) finds evidence of links between industry wagestructures and firm level bargaining in a circumstance when lead and supplierfirms belonging to the same value chain in the local labor market are involvedThis indicates some degree of dynamism distinct from the mostly static pictureimplied by our classification This movement of informal coordination appearssimilar to those practices in the West especially in Europe although perhaps it isat a more incipient stage here As Chinese employers in a cluster or industry beginto build better institutional structures to facilitate coordination that will stimulatea similar movement amongst workers and unions and thereby promote industrywide bargaining as well as firm level bargaining

CONCLUSION

In this paper we examine the growth of strikes and collective bargaining in ChinaUsing McAdamrsquos political process model we argued that Chinese workers are

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Labor Unrest and Collective Bargaining 181

striking more and proactively after 2008 The Chinese state has encouraged thegrowth of collective bargaining although its motivations for doing so could beattributed to different interests such as providing a mechanism to resolve laborconflict or to increase wages in its effort to lsquorebalancersquo the economy a necessarycondition to avoid the middle income trap We argued further that we wouldexpect to see considerable variation in collective bargaining based on the differentialinterests of central and local states who are enjoying more autonomy than theydid in the past And our analysis of the official union (ACFTU) and the crises ofidentity and legitimacy that it faces led us to expect that collective bargaining willbe predominantly inauthentic

The evidence largely supports our expectations Chinese workers are clearlystriking more after 2008 and the numbers of strikes from two different sets of datashow steady increases Collective bargaining has also grown sharply after 2008 butthe key agent charged with the responsibility of increasing bargaining coverage (theACFTU) tends to view it generally as a bureaucratic exercise Hence our findingthat much of the incipient collective bargaining in China hews to the inauthenticside of the continuum We also find considerable variation however in collectivebargaining This variation is attributable to the willingness of the state to allowexperimentation and it would appear that different industrial relations actors ielocal labor bureaucracies local employers and local unions exercise considerablefreedom to develop particular structures

While our taxonomy presents a static picture of collective bargaining in Chinatoday we also highlight how it may change in the future under the presentinstitutional structure We have identified several conditions that are necessary forbargaining arrangements to move towards greater authenticity Specifically eventhough the Chinese state is unlikely to permit workers to affiliate with unions of theirchoice reforms within the ACFTU that move it in the direction of increasing itsrepresentative function is one avenue for change An amendment to the GuangdongProvincial Regulation on Collective Contracts for Enterprises is in our view onepathway to more authentic bargaining The regulation is detailed covering notonly the content and subject matter of collective bargaining but includes extensiveprovisions regarding various aspects of collective negotiations Most crucially theregulation specifies clearly that lsquonegotiation representatives of the employees of thefirm must either be selected by the trade union or democratically elected by thestaff and workersrsquo ndash the first time that democratic elections have been specified inany provincial legislation regarding collective bargaining

However despite the growth and variation that we see and despite the promiseimplicit in the Guangdong regulations overall our paper suggests that collectivebargaining in China is at a very incipient stage At this point in 2015 our initialanalyses would suggest that the institution of collective bargaining in China is moreeffective at increasing wages thereby meeting the statersquos interest in rebalancing theeconomy and less effective in meeting the statersquos alternative interest ie representingworkers adequately so as to reduce industrial conflict

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182 S Kuruvilla and H Zhang

Under what conditions could collective bargaining meet the statersquos alternativeinterest This requires that Chinese unions overcome their problems of identity andlegitimacy A necessary condition is that the state must be willing to provide theunions with more independence What might bring this about The state wouldbe willing to do so if the legitimacy of the CCP is under threat And that couldhappen if industrial conflict and labor exploitation continue to increase despite thenew laws and union activity

However recent decisions suggest that the state has elected to follow an alternativeapproach of improving bargaining effectiveness with more centralization ratherthan providing local union autonomy In 2014 the ACFTU introduced a newfive-year plan (2014ndash2018) to promote collective bargaining Simultaneously inorder to improve collective bargaining effectiveness the ACFTU has adoptednew guidelines to its locals These include the notion that 100 of the workerscovered under CB should be aware of the bargaining and have provided themwith relatively centralized formats that would permit aggregation of data onwages More importantly in May 2015 the central government and CCP releasedlsquoSuggestions for Establishing Harmonious Labor Relationsrsquo ndash the first time thatharmonious labor relations were promoted at the central level in a special documentThese actions suggest that the CCP has acknowledged the shortcomings of thecurrent collective bargaining system (ie poor implementation poor quality ofagreements and the ACFTUs general inability to represent workers) and thethreat of continued industrial conflict to its own legitimacy but is still leery ofproviding local unions and workers with more autonomy that might result in thesuccessful institutionalization of bargaining

How does the development of Chinese unions and collective bargaininginstitutions compare with other Asian nations We might look to both Taiwanand South Korea for parallels Japan however is less comparable because thepost-war development of both unions and collective bargaining developed intandem with democratization (Gould 1984) and was led by employers whointroduced the famous pillars of lifetime employment seniority based wages andenterprise unions in search of labor stability (Hashimoto 1991) In both Koreaand Taiwan however the export oriented industrialization regimes adopted byauthoritarian governments entailed a high degree of control of labor Ratherlike China today Taiwanrsquos policies then required the unions to be affiliated toone central federation (the Chinese Federation of Labor) which was controlled bythe Kuomintang regime (Deyo 1987) Korea adopted a similar approach with thecreation of the Federation of Korean Trade Unions created by the governmentHowever in contrast to Taiwan (where the workforce was mostly composed oflabor working in agriculture and small scale industries) Korearsquos labor movementeven under authoritarian governments developed a stronger working class identityDeyo (1987) and Chu (1998) argue due to the tradition of nationalist mobilizationagainst the Japanese occupation large sized firms involved in heavy industries andhigh industry concentration Both countries democratized in the late 1980s Given

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Labor Unrest and Collective Bargaining 183

their historical weakness the labor movement in Taiwan did not play a major rolein the democratization processes unlike the Korean labor movement which was acentral player in the process in Korea Consequently post democratization Koreanunions aggressively demonstrated their power through waves of strikes (Chu 1998)that resulted in the formal institutionalization of a new industrial relations regimealong pluralist lines Taiwanrsquos labor movement given its historical weakness did notassert themselves as strongly after democratization although a new labor relationsregime developed thereafter Thus although there was broad similarity in termsof state control of labor in Korea Taiwan and China that similarity ended in the1980s upon democratization in Korea and Taiwan The Chinese labor movementstill remains under state control and the future evolution of both labor unions andcollective bargaining is as we have argued earlier in this paper dependent on CCPrsquosstrategies

Having developed a lsquobaselinersquo taxonomy of collective bargaining how mightfuture research advance our knowledge about collective bargaining in China Mostimportantly we need research (detailed case studies) on how collective bargainingis conducted in different parts of China As Friedman and Kuruvilla (2014) haveargued there is much experimentation and decentralization and more empiricalevidence of these processes are clearly necessary in order to evaluate what worksbest in which locations and why We specifically need more case studies ofauthentic bargaining Second we need analyses of collective bargaining contracts(on both a national and regional scale) in order to determine which are the keyissues of contention between management and labor and how they are changingovertime More research on the various experiments regarding union electionsand the impact of these on bargaining processes and outcomes is a key need aswell Thus there are plenty of opportunities for cutting edge research in collectivebargaining in China and we hope that Chinese management scholars would answerthis call for research into a crucial national human resource issue

NOTES

We thank Manfred Elfstrom and Eli Friedman for comments on an earlier version of this article andthe faculty at Renmin University School of Labor and Human Resources for hosting us[1] There have been various administrative provisions for collective negotiations since 1994 but

legal backing was only granted via the Labor Contract Law beginning in January 2008[2] According to the National Bureau of Statistics (NBS) the term lsquoenterprises above designated

sizersquo points to those industrial legal person enterprises whose yearly main business incomes equalto or are more than 5 million yuan (2009)

[3] The political geography in China divides the country into three levels of bureaucracies below thenational level namely the provincial level the citycounty level and the township level (Note thata village government is not an official bureaucracy but a villagersrsquo self-management organization)However as a legacy of the Kuomintang regime most cities include and administrate severalcounties and therefore the de facto bureaucratic system in China ndash according to which bothofficial unions and governments are structured ndash actually has four levels ie the provincial levelthe city level the countydistrict level and the township level

[4] We admit the possibility that the growing trend may be partially because of a betterdocumentation system now than before

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184 S Kuruvilla and H Zhang

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Chan K W 2010 A China paradox Migrant labor shortage amidst rural labor supply abundanceEurasian Geography and Economics 51(4) 513ndash530

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Clarke S Lee C amp Li Q 2004 Collective consultation and industrial relations in China BritishJournal of Industrial Relations 42(2) 235ndash254

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Friedman E D 2014b Economic development and sectoral unions in China Industrial andLabor Relations Review 67(2) 481ndash503

Friedmand E D amp Kuruvilla S 2015 Experimentation and decentralization in Chinese industrialrelations Human Relations 68(2) 181ndash195

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Gallagher M E amp Dong B 2011 Legislating harmony Labor law reform in contemporaryChina In S Kuruvilla C K Lee amp M E Gallagher (Eds) From iron rice bowl toinformalization Markets workers and the state in a changing China Ch3 IthacaNY Cornell University Press

Gallagher M E 2014 Chinarsquos workers movement and the end of the rapid-growth era Daedalus143(2) 81ndash95

Gould W B 1984 Japanrsquos reshaping of American labor law Cambridge MA MIT PressHashimoto M 1991 The industrial relations system in Japan An interpretation and policy

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Hui E S I 2011 Understanding labour activism The Honda workersrsquo strike In C Scherrer (Ed)Chinarsquos labor questions Ch3 Munchen Mering Germang Rainer Hampp

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Katz H amp Darbishire O 2002 Converging divergences Worldwide changes inemployment systems Ithaca NY Cornell University Press

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Lee C K 2007 Against the law Labor protests in Chinarsquos Rustbelt and Sunbelt BerkeleyUniversity of California Press

Liu M 2010 Union organizing in China Still a monolithic labor movement Industrial andLabor Relations Review 64(1) 30ndash52

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Labor Unrest and Collective Bargaining 187

Xu X 2005 lsquoZiran zhuangtairsquo de gongzi jiti xieshang Zhongguo nanfang mouzhen yangmaoshanhangye gongzi jiti xieshang (Collective consultation and discussion on the wages under thelsquonatural conditionrsquo) Tianjin Gonghui Guanli Ganbu Xueyuan Xuebao (Journal ofTianjin Trade Union Administratorsrsquo College) 13(3) 29ndash32

Zhang H 2014 Informality in Chinarsquos collective bargaining Unpublished Masters thesisCornell University Ithaca NY

Zhang J amp Shi Y 2012 Guanyu hangye jiti xieshang qingkuang de diaocha baogao (Survey onindustrial collective negotiation) Zhongguo Laodong Guanxi Xueyuan Xuebao (Journalof China Institute of Industrial Relations) 26(4) 51ndash57

Sarosh Kuruvilla (sck4cornelledu) is Professor of Industrial RelationsAsian Studies and Public Affairs at Cornell University and Visiting Professor atthe London School of Economics His research focuses on the linkage betweeneconomic development strategies and labor and human resources policies Hehas published numerous articles and 3 books on various aspects of labor relationsin Asia He is currently researching collective bargaining in ChinaHao Zhang (hz256cornelledu) is a PhD student at Cornell UniversityrsquosSchool of Industrial and Labor Relations His primary research focus is laborand employment relations with special attention to China And he has ongoinginterests in globalization development political economy skill formationproduction and work

Manuscript received September 18 2014Final version accepted September 28 2015 (number of revisions ndash 2)Accepted by Editor-in-Chief Arie Lewin

Ccopy 2016 The International Association for Chinese Management Research

  • INTRODUCTION
  • THEORETICAL PERSPECTIVES
    • Worker Militancy
    • State Promotion of Collective Bargaining
    • Variations in Collective Bargaining
    • The Future of Collective Bargaining
      • METHODOLOGY
      • RESULTS
        • Strikes
        • Collective Bargaining
        • Emerging Variation Varieties of Collective Bargaining in China
          • DISCUSSION
            • Moving across Quadrants The Future of Collective Bargaining and The Roles of Unions and Employers
              • CONCLUSION
              • NOTES
              • REFERENCES

174 S Kuruvilla and H Zhang

Table 3 Growth of collective bargaining in China 2005ndash2010

2005 2006 2007 2008 2009 2010

Average Annual

Growth Rate

Number ofcollectivebargainingcontracts onwages

251794 304978 343329 410606 512151 608483 1930

Number ofenterprisescovered

41306 525964 622063 774501 901665 1115874 9334

Staff andworkerscovered bycollectivebargaining

35312320 37145872 39685737 51101198 61776321 75657331 1646

(Source China Trade Union Yearbooks 2006ndash2011)

Table 4 Wage growth in China (2000ndash2013)

Year

Average Yearly

Nominal

Wages (yuan) Growth of Nominal Wages Growth of Real Wages

2000 9333 122 1132001 10834 161 1532002 12373 142 1542003 13969 129 1192004 15920 140 1032005 18200 143 1252006 20856 146 1292007 24721 185 1342008 28898 169 1072009 32244 116 1262010 36539 133 982011 41799 144 862012 46769 119 902013 51483 101 73

(Source China Statistical Yearbook 2014)

and strikes is not successful or to be conservative not successful yet At the sametime data on wages show steady growth (see Table 4) We can draw two differentconclusions from this limited data One is that the key interest of the state wasnot to reduce conflict via the introduction of collective bargaining but to increaseand stabilize wages If this conception of the statersquos interest is correct then itprovides support for the argument that the state is acting in lsquodevelopmentalrsquo waysin encouraging collective bargaining as an instrument to rebalance the economy Analternative explanation is that the state does want to introduce collective bargainingin order to reduce conflict (as has been done in most parts of the world) but thequality of collective bargaining is not very good and hence does not meet that goal

Ccopy 2016 The International Association for Chinese Management Research

Labor Unrest and Collective Bargaining 175

FormalisticIneffective AuthenticEffective

Centralization

Decentralization

- Industry-wide Agreements that are ineffective egWuhan Restaurants

- Well established industry wide agreements eg The Wenling Model

- Template Bargaining

- Strike-triggered Bargaining

- State-intervened Bargaining

- Informal Bargaining

- Informal Coordination

- Democratic Grassroots Union Election

- Employer Coordination and state Intervention

Q3 Q4 Q1 Q2

Figure 3 A taxonomy of varieties of collective bargaining in China

If this is true then the policy prescriptions are clearer Below we look more closelyat the nature of collective bargaining

Emerging Variation Varieties of Collective Bargaining in China

Based on the limited available research we classify collective bargaining agreementsbased on how centralized or decentralized and how authentic or inauthentic theyare Recall our key caveat that there is relatively little published research andhence our taxonomy below (see Figure 3) is not based on a representative sampleas it should be However we want to highlight that this is by no means a staticclassification because we also see dynamism where there is movement from onequadrant to another At best this taxonomy should be seen as an initial estimateor baseline against which future research can examine progress over the comingdecade

Quadrant 1 Decentralized inauthentic collective bargaining Perhaps the most commonform of collective bargaining is what we term lsquotemplate bargainingrsquo and what other

Ccopy 2016 The International Association for Chinese Management Research

176 S Kuruvilla and H Zhang

researchers have described as lsquocollective contracts without collective bargainingrsquoor lsquopaper contractsrsquo (Chen 2007 Clarke et al 2004 Luo 2011) Typically thelocal government ndash often the labor administration and official union ndash develops atemplate for a collective contract that employers and the local branch of the unionshould sign (jiti hetong fanben) In some cases the template agreement contains blankspaces for wage increases which enterprises can customize to suit their needsUsually a template agreement leaves little room for the parties to bargain overinterest-based issues (Chen 2007) This is the model of collective bargaining mostcommonly followed by the ACFTU which provides its unions with these templateagreements for various regions that employers are requested to sign and whichre-state minimum legal conditions Often employers prepare the contracts andunions simply sign them without engaging in any negotiation (Clarke et al 2004Luo 2011 Taylor Chang amp Li 2003 Wu 2012)

The ACFTU which is targeted with increasing the coverage of collectivebargaining within the country appears more interested in the quantity ofagreements signed (to meet its targets) with relatively little focus on the quality (Wu2012) Some of these template agreements are not even enforced due to weaknessesin the labor inspection regime (Wu 2012) or because the local enterprise unionsalso exist primarily lsquoon paperrsquo having been set up by the ACFTU in collaborationwith the employer often without the workersrsquo knowledge (Liu 2010) Thus thougha large majority of Chinese collective bargaining agreements hew to this type wesee them as being largely inauthentic and the most decentralized given that theyare signed at the enterprise level These have been well documented in existingstudies (Clarke et al 2004 Luo 2011 Taylor et al 2003 Warner amp Ng 1999) sowe shall not expand on them here

Quadrant 2 Decentralized authentic collective bargaining A small but growing number ofcollective bargaining agreements at the firm level can be termed more authenticalthough there is some variation to the extent that they truly encapsulate genuinebargaining There are three different ways in which this type of collective bargainingis happening One and perhaps the most authentic form of collective bargainingis the negotiations that take place after a strike as Elfstrom amp Kuruvilla (2014)suggest The best known case of strike-triggered bargaining is the Honda NanhaiTransmission plantrsquos strike in 2010 that resulted in substantial wage increases forworkers and later also triggered a strike wave in the local and national auto industryleading to substantial wage negotiation in many of those cases as well (Hui 2011)Since a strike when it occurs is frequently settled by negotiations these days (Chang2013) the steady growth in the number of strikes implies growth in more authenticcollective bargaining There is increasing research that suggest that strikes beforeand during the 2010 strike wave were settled via negotiations between provisionallyelected workersrsquo representatives and employers (Chen 2010 Meng 2012 MengLu Lei Wang amp Chang 2011) Some of these strike-based settlements have beenoften facilitated by the mediation of local governments and official unions and

Ccopy 2016 The International Association for Chinese Management Research

Labor Unrest and Collective Bargaining 177

the state in various places has appeared to prefer using this approach rather thansuppressing striking workers (Chang 2013 Gallagher 2014) Chen (2010) refersto these dispute and strike settlement mechanisms as quadripartite bargaininginvolving four actors (the state the ACFTU the employers and the workers)Strikes and post-strike settlements are an important route by which collectivebargaining is becoming institutionalized suggests Meng (2012) in his research onDalian

The second way that authentic bargaining may occur without collective actionby workers is through the direct intervention by the local government Chan andHuirsquos (2014) research on Hondarsquos (Guangzhou) 2011 bargaining round suggeststhat although a union in which workers elected their representatives and collectivebargaining were institutionalized in the firm after the 2010 strike the localgovernment directly intervened in the negotiations during the 2011 bargaininground and encouraged the parties to come to agreement Arguably the localgovernment was interested in avoiding a potential strike We refer to this as authenticbecause it is occurring in a situation where workers choose their own representativesand the local government apparently takes the process seriously However this is amore isolated case

Although much of the prior literature has focused on formal bargaining structuresto make the claim that much of Chinese collective bargaining is inauthentic Zhang(2014) makes a compelling case that we should examine informal processes whichare perhaps just as important as formal structures and constitute the third wayin which bargaining is effective He finds in his study of the auto industry inTianjin that while formal bargaining looks just as formalistic as many other casesmuch of the real negotiation takes place at both enterprise and industry levelsthrough informal processes of coordination and negotiations that have resultedin meaningful outcomes Although there have not been strikes or governmentintervention in the auto-industry bargaining cases in Tianjin that Zhang examineshis research points to the active role of the firm union in ensuring substantialnegotiation Thus there are many different ways in which authentic bargaining iscarried out

Quadrant 3 Centralized and inauthentic collective bargaining A major strategy of theACFTUrsquos Rainbow Plan can be found in its effort to carry out regional and industry-level bargaining seen as necessary to bring employees of small and medium sizedfirms under collective bargaining coverage (Wu 2012) And as noted the ACFTUrsquosefforts are complemented by the state apparatus where key state departmentsoften take the lead in mobilizing employers For instance in the second authorrsquosongoing research he finds that in the case of hospitals in Tianjin the districtunion successfully mobilized the employers by leveraging the district Bureau ofPublic Health (BOPH) ndash a state institution in charge of examining approving andsupervising all local public health affairs ndash to create an industry wide collectivebargaining agreement However it was not clear that workers were aware of the

Ccopy 2016 The International Association for Chinese Management Research

178 S Kuruvilla and H Zhang

agreement nor was it clear that the agreement was enforced Similar efforts arealso identified in Tianjinrsquos construction industry as well as in other regions in Wursquos(2012) research

While we need more cases to draw firmer conclusions thus far what is clear isthat many of these industry-wide agreements are either formalistic or have shownthemselves to be ineffective and not institutionalized Similar to that of decentralizedand formalistic bargaining the reasons for ineffectiveness at this level include theunionrsquos focus on formalistic terms the absence of strict enforcement and oftenworker ignorance of the terms of the agreement or that they were represented bya union (a frequent issue when union representatives are not directly elected) (Wu2012) A classic example here is Friedmanrsquos (2014b) study of sectoral bargainingin Ruirsquoan eyeglass cluster in Zhejiang Province where workers interviewed indeedknew nothing about the industry level contract that covered them Probably thebest-known case of failure of enforcement of collective bargaining can be foundin Wuhan where the local government in a top-down process initiated sectoralnegotiations in 2011 in the restaurant industry Although the sectoral contract hasset wage terms for over 450000 workers from 40000 different establishments in2011 (Xie amp Guo 2011) and has been renegotiated successfully over the last threeyears which has been well covered by mass media recent research (Xie ChenChen amp Xiao 2012) shows that only 569 of employees surveyed were receivingthe wages stipulated in the contract

Despite these issues the ACFTU continues to focus on building collectivebargaining institutions at the industry and regional levels In Guangzhou forinstance the official union has organized the construction industry although nocollective bargaining has been successfully achieved (Friedman 2014b) In additionunion organizing by region has also been identified in areas with clusters of smallbusinesses such as community unions village union associations market unionsoffice building unions and union associations by ownership in development zones(Liu 2010) But we are skeptical of the prospects for institutionalization of collectivebargaining at the regional level given the heterogeneity in industries and firms ina region and given that often workers are not aware of the agreement nor do theyelect their representatives

Quadrant 4 Centralized authentic collective bargaining There are a few instances ofcentralized sectoral bargaining that qualify as authentic Unlike the previousexamples where it was either the local government or the ACFTU that was theprimary engine behind the development of collective bargaining in the case ofWenling the employers were the ones who initiated the project Wenling a town inZhejiang Province contains a knitwear cluster with more than 130 firms employingabout 12000 workers in 2002 In this case employers began spontaneous wagecoordination in an effort to deal with the rising turnover as a result of whatwas an acute labor shortage (Xu 2005) They formed an employer association in2000 and institutionalized wage coordination amongst themselves although not all

Ccopy 2016 The International Association for Chinese Management Research

Labor Unrest and Collective Bargaining 179

employers came on board By 2003 the local government stepped in establishingan industrial union which ultimately signed an industry-wide agreement with theemployer association (Wen amp Lin 2015) That contract has been renegotiated everyyear since and is stable although it overwhelmingly focuses on the piece-rates andnot other working conditions Moreover it is a clear case of relatively authenticcollective bargaining arrangement in terms of how well the contract is enforcedThe second author interviewed workers in the industry in 2013 and found that thepiece-rates that were used to pay them was higher than or equal to those stipulatedin the contract

The Wenling model is being increasingly diffused to other areas In all 15industries ndash including the pump sector in a town named Zeguo (Liu 2010) ndashhave carried out similar bargaining by 2012 covering roughly 6100 enterprisesand 400000 workers (Zhang amp Shi 2012) There are reports of cases developingin other textile and garment (Luthje Luo amp Zhang 2013 269) as well as othermanufacturing clusters (Lee 2011) The commonalities across these lsquosuccessfulcasesrsquo is that they are negotiating about the piece-rate at the industry level andwage coordination was welcomed by small and medium-sized firms in order toreduce turnover in a labor shortage situation Therefore success seems to be in partdetermined by employer interest and readiness for collective bargaining as well

DISCUSSION

Moving across Quadrants The Future of Collective Bargaining andThe Roles of Unions and Employers

While the above taxonomy presents a static picture of the varieties of collectivebargaining in China it is important to incorporate a dynamic element specificallywhat makes it possible to move from inauthentic to more authentic collectivebargaining and how might decentralized bargaining connect with more centralizedstructures to create more worker solidarity

How might we expect movement from inauthentic to more authentic bargainingat the firm level (ie from Quadrant 1 to Quadrant 2) Certainly as discussedearlier strikes could trigger such a movement But there are other ways as wellOne strategy recently adopted in Guangzhou and Shenzhen is the grassroots unionelection (namely direct election for grassroots trade union cadres [gonghui zhixuan])When workers are able to elect their own representatives rather than having unionleaders decided by the regional official union or the enterprise it builds the localunionsrsquo autonomy and independence and is one necessary step for the growth ofauthentic bargaining This focus on direct election is growing For instance theShenzhen Federation of Trade Unions announced in 2012 that 163 enterpriseswith more than 1000 employees would all adopt direct election (Eastmoney 2012)The second authorrsquos interview with a key informant involved in Shenzhenrsquos unionelection revealed that approximately 1000 out of the 30000 enterprise unions

Ccopy 2016 The International Association for Chinese Management Research

180 S Kuruvilla and H Zhang

in Shenzhen had lsquocarried out or reached the level of direct union election (dadao

zhixuan shuiping)rsquo by August 2011 In Guangzhou Peng amp Du (2010) report thatseveral hundred of the over 50000 firm unions had been directly elected by 2010The case of direct union elections in Omron (Shenzhen) has been documented inWen (2013) and Hui amp Chanrsquos (2014) work Yet we need more research to properlyevaluate how these elections are conducted

Although the efficacy of direct union elections has been debated (some argue thatthese elections were manipulated by employers or local officials others questionthe degree to which these will be institutionalized in todayrsquos political climate inChina and some suggest that there is rising opposition to direct elections fromboth employers and the state (Chan 2009 Howell 2008 Wen 2013) the availableevidence (Hui amp Chan 2014 Wen 2013) and more recent first hand evidence fromour research in Guangzhoursquos auto industry suggests that thus far democratic unionelections facilitates collective bargaining with real negotiation between workers andemployers including some conflictual negotiations that result in real rather thanformalistic outcomes and hence are more authentic

Movement from Quadrant 3 to 4 (ie from less authentic to more authenticbargaining at the centralized level) appears possible when employers take the firststep in coordinating through employer associations and when the local governmentdirectly intervenes to create industry wide settlements as suggested by the Wenlingmodel However given the lack of a real connection between unions at this leveland the workers they represent and the heterogeneous workplaces that makedirect election of representatives more difficult we are not convinced that such amovement is imminent In addition there are a number of implementation andenforcement failures such as in the case of the restaurant industry in Wuhan thatsuggest the difficulty of achieving meaningful collective bargaining coverage for anentire regional industry

There is some evidence of increased coordination between decentralized andcentralized levels Zhang (2014) finds evidence of links between industry wagestructures and firm level bargaining in a circumstance when lead and supplierfirms belonging to the same value chain in the local labor market are involvedThis indicates some degree of dynamism distinct from the mostly static pictureimplied by our classification This movement of informal coordination appearssimilar to those practices in the West especially in Europe although perhaps it isat a more incipient stage here As Chinese employers in a cluster or industry beginto build better institutional structures to facilitate coordination that will stimulatea similar movement amongst workers and unions and thereby promote industrywide bargaining as well as firm level bargaining

CONCLUSION

In this paper we examine the growth of strikes and collective bargaining in ChinaUsing McAdamrsquos political process model we argued that Chinese workers are

Ccopy 2016 The International Association for Chinese Management Research

Labor Unrest and Collective Bargaining 181

striking more and proactively after 2008 The Chinese state has encouraged thegrowth of collective bargaining although its motivations for doing so could beattributed to different interests such as providing a mechanism to resolve laborconflict or to increase wages in its effort to lsquorebalancersquo the economy a necessarycondition to avoid the middle income trap We argued further that we wouldexpect to see considerable variation in collective bargaining based on the differentialinterests of central and local states who are enjoying more autonomy than theydid in the past And our analysis of the official union (ACFTU) and the crises ofidentity and legitimacy that it faces led us to expect that collective bargaining willbe predominantly inauthentic

The evidence largely supports our expectations Chinese workers are clearlystriking more after 2008 and the numbers of strikes from two different sets of datashow steady increases Collective bargaining has also grown sharply after 2008 butthe key agent charged with the responsibility of increasing bargaining coverage (theACFTU) tends to view it generally as a bureaucratic exercise Hence our findingthat much of the incipient collective bargaining in China hews to the inauthenticside of the continuum We also find considerable variation however in collectivebargaining This variation is attributable to the willingness of the state to allowexperimentation and it would appear that different industrial relations actors ielocal labor bureaucracies local employers and local unions exercise considerablefreedom to develop particular structures

While our taxonomy presents a static picture of collective bargaining in Chinatoday we also highlight how it may change in the future under the presentinstitutional structure We have identified several conditions that are necessary forbargaining arrangements to move towards greater authenticity Specifically eventhough the Chinese state is unlikely to permit workers to affiliate with unions of theirchoice reforms within the ACFTU that move it in the direction of increasing itsrepresentative function is one avenue for change An amendment to the GuangdongProvincial Regulation on Collective Contracts for Enterprises is in our view onepathway to more authentic bargaining The regulation is detailed covering notonly the content and subject matter of collective bargaining but includes extensiveprovisions regarding various aspects of collective negotiations Most crucially theregulation specifies clearly that lsquonegotiation representatives of the employees of thefirm must either be selected by the trade union or democratically elected by thestaff and workersrsquo ndash the first time that democratic elections have been specified inany provincial legislation regarding collective bargaining

However despite the growth and variation that we see and despite the promiseimplicit in the Guangdong regulations overall our paper suggests that collectivebargaining in China is at a very incipient stage At this point in 2015 our initialanalyses would suggest that the institution of collective bargaining in China is moreeffective at increasing wages thereby meeting the statersquos interest in rebalancing theeconomy and less effective in meeting the statersquos alternative interest ie representingworkers adequately so as to reduce industrial conflict

Ccopy 2016 The International Association for Chinese Management Research

182 S Kuruvilla and H Zhang

Under what conditions could collective bargaining meet the statersquos alternativeinterest This requires that Chinese unions overcome their problems of identity andlegitimacy A necessary condition is that the state must be willing to provide theunions with more independence What might bring this about The state wouldbe willing to do so if the legitimacy of the CCP is under threat And that couldhappen if industrial conflict and labor exploitation continue to increase despite thenew laws and union activity

However recent decisions suggest that the state has elected to follow an alternativeapproach of improving bargaining effectiveness with more centralization ratherthan providing local union autonomy In 2014 the ACFTU introduced a newfive-year plan (2014ndash2018) to promote collective bargaining Simultaneously inorder to improve collective bargaining effectiveness the ACFTU has adoptednew guidelines to its locals These include the notion that 100 of the workerscovered under CB should be aware of the bargaining and have provided themwith relatively centralized formats that would permit aggregation of data onwages More importantly in May 2015 the central government and CCP releasedlsquoSuggestions for Establishing Harmonious Labor Relationsrsquo ndash the first time thatharmonious labor relations were promoted at the central level in a special documentThese actions suggest that the CCP has acknowledged the shortcomings of thecurrent collective bargaining system (ie poor implementation poor quality ofagreements and the ACFTUs general inability to represent workers) and thethreat of continued industrial conflict to its own legitimacy but is still leery ofproviding local unions and workers with more autonomy that might result in thesuccessful institutionalization of bargaining

How does the development of Chinese unions and collective bargaininginstitutions compare with other Asian nations We might look to both Taiwanand South Korea for parallels Japan however is less comparable because thepost-war development of both unions and collective bargaining developed intandem with democratization (Gould 1984) and was led by employers whointroduced the famous pillars of lifetime employment seniority based wages andenterprise unions in search of labor stability (Hashimoto 1991) In both Koreaand Taiwan however the export oriented industrialization regimes adopted byauthoritarian governments entailed a high degree of control of labor Ratherlike China today Taiwanrsquos policies then required the unions to be affiliated toone central federation (the Chinese Federation of Labor) which was controlled bythe Kuomintang regime (Deyo 1987) Korea adopted a similar approach with thecreation of the Federation of Korean Trade Unions created by the governmentHowever in contrast to Taiwan (where the workforce was mostly composed oflabor working in agriculture and small scale industries) Korearsquos labor movementeven under authoritarian governments developed a stronger working class identityDeyo (1987) and Chu (1998) argue due to the tradition of nationalist mobilizationagainst the Japanese occupation large sized firms involved in heavy industries andhigh industry concentration Both countries democratized in the late 1980s Given

Ccopy 2016 The International Association for Chinese Management Research

Labor Unrest and Collective Bargaining 183

their historical weakness the labor movement in Taiwan did not play a major rolein the democratization processes unlike the Korean labor movement which was acentral player in the process in Korea Consequently post democratization Koreanunions aggressively demonstrated their power through waves of strikes (Chu 1998)that resulted in the formal institutionalization of a new industrial relations regimealong pluralist lines Taiwanrsquos labor movement given its historical weakness did notassert themselves as strongly after democratization although a new labor relationsregime developed thereafter Thus although there was broad similarity in termsof state control of labor in Korea Taiwan and China that similarity ended in the1980s upon democratization in Korea and Taiwan The Chinese labor movementstill remains under state control and the future evolution of both labor unions andcollective bargaining is as we have argued earlier in this paper dependent on CCPrsquosstrategies

Having developed a lsquobaselinersquo taxonomy of collective bargaining how mightfuture research advance our knowledge about collective bargaining in China Mostimportantly we need research (detailed case studies) on how collective bargainingis conducted in different parts of China As Friedman and Kuruvilla (2014) haveargued there is much experimentation and decentralization and more empiricalevidence of these processes are clearly necessary in order to evaluate what worksbest in which locations and why We specifically need more case studies ofauthentic bargaining Second we need analyses of collective bargaining contracts(on both a national and regional scale) in order to determine which are the keyissues of contention between management and labor and how they are changingovertime More research on the various experiments regarding union electionsand the impact of these on bargaining processes and outcomes is a key need aswell Thus there are plenty of opportunities for cutting edge research in collectivebargaining in China and we hope that Chinese management scholars would answerthis call for research into a crucial national human resource issue

NOTES

We thank Manfred Elfstrom and Eli Friedman for comments on an earlier version of this article andthe faculty at Renmin University School of Labor and Human Resources for hosting us[1] There have been various administrative provisions for collective negotiations since 1994 but

legal backing was only granted via the Labor Contract Law beginning in January 2008[2] According to the National Bureau of Statistics (NBS) the term lsquoenterprises above designated

sizersquo points to those industrial legal person enterprises whose yearly main business incomes equalto or are more than 5 million yuan (2009)

[3] The political geography in China divides the country into three levels of bureaucracies below thenational level namely the provincial level the citycounty level and the township level (Note thata village government is not an official bureaucracy but a villagersrsquo self-management organization)However as a legacy of the Kuomintang regime most cities include and administrate severalcounties and therefore the de facto bureaucratic system in China ndash according to which bothofficial unions and governments are structured ndash actually has four levels ie the provincial levelthe city level the countydistrict level and the township level

[4] We admit the possibility that the growing trend may be partially because of a betterdocumentation system now than before

Ccopy 2016 The International Association for Chinese Management Research

184 S Kuruvilla and H Zhang

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Blecher M amp Shue V 1996 Tethered deer Government and economy in a Chinese countyStanford CA Stanford University Press

Brown R 2006 Chinarsquos collective contract provisions Can collective negotiations embody collectivebargaining Duke Journal of Comparative and International Law 35 35ndash77

Cai F 2007 Zhongguo jingji mianlin de zhuanzhe jiqi dui fazhan he gaige de tiaozhan (The turningpoint faced by the Chinese economy and the challenge it presents to development and reform)Zhongguo Shehui Kexue (Social Sciences in China) 2007(3) 4ndash12

Chan A 1993 Revolution or corporatism Workers and trade unions in post-Mao China TheAustralian Journal of Chinese Affairs 29 31ndash61

Chan A 2009 Challenges and possibilities for democratic grassroots union elections in China Acase study of two factory-level elections and their aftermath Labor Studies Journal 34(3)293ndash317

Chan C K C amp Hui E S I 2014 The development of collective bargaining in China Fromlsquocollective bargaining by riotrsquo to lsquoparty state-led wage bargainingrsquo The China Quarterly217(1) 221ndash242

Chan K W 2010 A China paradox Migrant labor shortage amidst rural labor supply abundanceEurasian Geography and Economics 51(4) 513ndash530

Chang K 2013 Laogong guanxi jitihua zhuanxing yu zhengfu laogong zhengce de wanshan (Thecollective transformation of industrial relations and improvement of labor policies) ZhongguoShehui Kexue (Social Sciences in China) 2013(6) 91ndash108

Chen F 2003 Between the state and labour The conflict of Chinese trade unionsrsquo double identityin market reform The China Quarterly 176 1006ndash1028

Chen F 2007 Individual rights and collective rights Laborrsquos predicament in China Communistand Post-Communist Studies 40(1) 59ndash79

Chen F 2010 Trade unions and the quadripartite interactions in strike settlement in China TheChina Quarterly 201 104ndash124

Chu Y W 1998 Labor and democratization in South Korea and Taiwan Journal ofContemporary Asia 28(2) 185ndash202

Clarke S Lee C amp Li Q 2004 Collective consultation and industrial relations in China BritishJournal of Industrial Relations 42(2) 235ndash254

Deyo F C 1987 State and labor Modes of political exclusion in the East Asian development InF C Deyo (Ed) The political economy of the new Asian industrialism Ithaca NYCornell University Press

Eastmoney 2010 Zhixuan gonghui zhihou (After the direct election of the union)[Cited 14 September 2013] Available from URL httpmoneyeastmoneycomnews158320120918251427566html

Eisenhardt K 1989 Building theories from case study research Academy of ManagementReview 14(4) 532ndash550

Elfstrom M amp Kuruvilla S 2014 The changing nature of labor unrest in China Industrial andLabor Relations Review 67(2) 453ndash480

Frenkel S amp Kuruvilla S 2002 Logics of action globalization and changing employment relationsin China India Malaysia and the Philippines Industrial and Labor Relations Review55(3) 387ndash412

Friedman E D 2014a Insurgency trap Labor politics in postsocialist China Ithaca NYCornell University Press

Friedman E D 2014b Economic development and sectoral unions in China Industrial andLabor Relations Review 67(2) 481ndash503

Friedmand E D amp Kuruvilla S 2015 Experimentation and decentralization in Chinese industrialrelations Human Relations 68(2) 181ndash195

Friedman E amp Lee C K 2010 Remaking the world of Chinese labour A 30-year retrospectiveBritish Journal of Industrial Relations 48(3) 507ndash533

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Labor Unrest and Collective Bargaining 185

Gallagher M E 2005 Contagious capitalism Globalization and the politics of labor inChina Princeton Princeton University Press

Gallagher M E 2010 lsquoWe are not machinesrsquo Teen spirit on Chinarsquos shopfloor China Beat [Cited31 March 2015] Available from URL httpwwwthechinabeatorgp=2538

Gallagher M E amp Dong B 2011 Legislating harmony Labor law reform in contemporaryChina In S Kuruvilla C K Lee amp M E Gallagher (Eds) From iron rice bowl toinformalization Markets workers and the state in a changing China Ch3 IthacaNY Cornell University Press

Gallagher M E 2014 Chinarsquos workers movement and the end of the rapid-growth era Daedalus143(2) 81ndash95

Gould W B 1984 Japanrsquos reshaping of American labor law Cambridge MA MIT PressHashimoto M 1991 The industrial relations system in Japan An interpretation and policy

implications Managerial and Decision Economics 12 147ndash157Howell J A 2006 Reflections on the Chinese state Development and Change 37 273ndash

297Howell J A 2008 All-China Federation of Trades Unions beyond reform The slow march of direct

elections The China Quarterly 196 845ndash863Hu Y 2011 Shenme shi jiti hetong lsquoCaihong Jihuarsquo (What is the collective contract lsquoRainbow Planrsquo)

[Cited 14 September 2013] Available from URL httpwwwhaishang-lawcomArticlezhuanyeyanjiulaodongjiufen2011046155html

Hui E S I 2011 Understanding labour activism The Honda workersrsquo strike In C Scherrer (Ed)Chinarsquos labor questions Ch3 Munchen Mering Germang Rainer Hampp

Hui E S I amp Chan C K C 2014 Beyond the union-centered approach A critical evaluation ofrecent trade union elections in China British Journal of Industrial Relations

Katz H amp Darbishire O 2002 Converging divergences Worldwide changes inemployment systems Ithaca NY Cornell University Press

Katz H C Kochan T A amp Colvin A J S 2014 Labor relations in a global world Anintroduction focused on emerging countries Ithaca NY Cornell University Press

Lee C H 2011 Between the hierarchy and market Emerging mezzo-corporatistindustrial relations in China Unpublished manuscript

Lee C K 2007 Against the law Labor protests in Chinarsquos Rustbelt and Sunbelt BerkeleyUniversity of California Press

Liu M 2010 Union organizing in China Still a monolithic labor movement Industrial andLabor Relations Review 64(1) 30ndash52

Luo S 2011 Collective contracts but no collective bargaining In C Scherrer (Ed) Chinarsquos laborquestions Ch3 Munchen Mering Germang Rainer Hampp

Luthje B 2012 Diverging trajectories Economic rebalancing and labor policiesin China East-West Center Working Paper No 23 [Cited 31 March 2015] Avail-able from URL httpwwweastwestcenterorgpublicationsdiverging-trajectories-economic-rebalancing-and-labor-policies-china

Luthje B Luo S amp Zhang H 2013 Beyond the Iron Rice Bowl Regimes of productionand industrial relations in China Frankfurt amp New York Campus

McAdam D 1999 Political process and the development of Black Insurgency 1930ndash19702nd ed Chicago and London The University of Chicago Press

McDermott E P 2010 Industrial relations in China Ball of Confusion In K Townsend ampA Wilkinson (Eds) Research handbook on work and employment relations Ch16United Kingdom Edward Elgar Publishing

Meng Q 2012 Tanpan youxi zhong de lsquoshuoherenrsquo Yi DLDA qu wei li (The lsquomediatorrsquo in thebargaining game A case of DLDA) Qinghua Shehuixue Pinglun (Tsinghua SociologicalReview) 6 206ndash222

Meng Q Lu J Lei X Wang R amp Chang C 2011 2010 Zhongguo bagongchaodiaocha yu fenxi baogao (Report on the 2010 strike wave in China) Unpublishedmanuscript

OECD 2013 Protecting jobs enhancing flexibility A new look at employment protectionlegislation In OECD Employment Outlook Ch2 [Cited 31 March 2015] Available from URLhttpdxdoiorg101787empl_outlook-2013-en

Oi J 1995 The role of the local state in Chinarsquos transitional Economy The China Quarterly 1441132ndash1149

Ccopy 2016 The International Association for Chinese Management Research

186 S Kuruvilla and H Zhang

Peng M amp Du Q 2010 Quanzong guli tansuo gonghui zhuxi zhixuan (The ACFTUencourages direct elections of union chairs) [Cited 14 September 2013] Available fromURL httpepaperoeeeecomAhtml2010-0911content_1175401htm

Pan P P 2009 Out of Maorsquos shadow The struggle for the soul of a new China New YorkSimon amp Schuster

Rapoza K 2011 In coastal China a labor shortage Forbes [Cited 31 March2015] Available from URL httpwwwforbescomsiteskenrapoza20111220in-coastal-china-a-labor-shortage

Silver B J amp Zhang L 2009 China as an emerging epicenter of world labor unrest In H-F Hung(Ed) China and the transformation of global capitalism Baltimore Johns HopkinsUniversity Press

Stockmann D amp Gallagher M E 2011 Remote control How the media sustain authoritarian rulein China Comparative Political Studies 44(4) 436ndash467

Taylor B Chang K amp Li Q 2003 Industrial relations in China Cheltenham Edward ElgarTaylor B amp Li Q 2007 Is the ACFTU a union and does it matter Journal of Industrial

Relations 49(5) 701ndash715Taylor B amp Li Q 2010 Chinarsquos creative approach to lsquounionrsquo organizing Labor History 51(3)

411ndash428Tarrow S 1998 Power in movement Social movements and contentious politics New

York Cambridge University PressThe China Post 2012 China eyes 13 minimum wage rise in 5 years [Cited 31 March

2015] Available from URL httpwwwchinapostcomtwbusinessasia-china20120209331042China-eyeshtm

The Economist 2012 A dangerous year Unrest in China [Cited 31 March 2015] Available fromURL httpwwweconomistcomnode21543477

Unger J 2002 The transformation of rural China Armonk NY M E SharpeUnger J amp Chan A 1995 China corporatism and the East Asian model The Australian Journal

of Chinese Affairs 1995 29ndash53Venn D 2009 Legislation collective bargaining and enforcement Updating the OECD

employment protection indicators [Cited 31 March 2015] Available from URLhttpwwwoecdorgemploymentemp43116624pdf

Wang Z 2012 More workers staying near home China Daily [Cited 31 March 2015] Available fromURL httpwwwchinadailycomcnchina2012-0428content15166329htm

Warner M amp Ng S H 1999 Collective contracts in Chinese enterprises A new brand of collectivebargaining under lsquomarket Socialismrsquo British Journal of Industrial Relations 37(2) 295ndash314

Webb S amp Webb B 1897 Industrial democracy London New York amp Bombay LongmansGreen amp Co

Wen X amp Lin K 2015 Reconstituting industrial relations The experience of Wenling Journalof Contemporary China 24(94) 665ndash683

Wen X 2013 Gonghui zhixuan Guangdong shijian de jingyan yu jiaoxun (Union directelection Lessons from Guangdong) Paper presented at the 6th Annual Congress ofChina Labor Relations Association of the China Human Resource Development AssociationGuangzhou November 2013

Weston T B 2004 The iron man weeps Joblessness and political legitimacy in the Chinese rustbelt In P H Gries amp S Rosen (Eds) State and society in 21st century China Crisiscontention and legitimation 67ndash86 New York RoutledgeCurzon

Wu Q 2012 Jiti xieshang yu guojia zhudao xiade laodong guanxi zhili (Collective negotiationand state-oriented labor relations governance) Shehuixue Yanjiu (Sociological Studies)2012(3) 66ndash89

Xie Y amp Guo Y 2011 Zhongguo shi gongzi jiti xieshang moshi tansuo Wuhan shi canyin hangyegongzi jiti xieshang diaocha (A survey of collective consultation on wages in the catering industryin Wuhan) Zhongguo Laodong Guanxi Xueyuan Xuebao (Journal of China Instituteof Industrial Relations) 25(6) 54ndash58

Xie Y Chen J Chen P amp Xiao Q 2012 Zhongguo hangye gongzi jiti xieshang xiaoguode shizheng fenxi Yi Wuhan canyin hangye weili (An empirical analysis of industrialbargaining outcomes in China An example from the Wuhan restaurant and catering industry)Jingji Shehui Tizhi Bijiao (Comparative Economic and Social Systems) 2012(5)55ndash67

Ccopy 2016 The International Association for Chinese Management Research

Labor Unrest and Collective Bargaining 187

Xu X 2005 lsquoZiran zhuangtairsquo de gongzi jiti xieshang Zhongguo nanfang mouzhen yangmaoshanhangye gongzi jiti xieshang (Collective consultation and discussion on the wages under thelsquonatural conditionrsquo) Tianjin Gonghui Guanli Ganbu Xueyuan Xuebao (Journal ofTianjin Trade Union Administratorsrsquo College) 13(3) 29ndash32

Zhang H 2014 Informality in Chinarsquos collective bargaining Unpublished Masters thesisCornell University Ithaca NY

Zhang J amp Shi Y 2012 Guanyu hangye jiti xieshang qingkuang de diaocha baogao (Survey onindustrial collective negotiation) Zhongguo Laodong Guanxi Xueyuan Xuebao (Journalof China Institute of Industrial Relations) 26(4) 51ndash57

Sarosh Kuruvilla (sck4cornelledu) is Professor of Industrial RelationsAsian Studies and Public Affairs at Cornell University and Visiting Professor atthe London School of Economics His research focuses on the linkage betweeneconomic development strategies and labor and human resources policies Hehas published numerous articles and 3 books on various aspects of labor relationsin Asia He is currently researching collective bargaining in ChinaHao Zhang (hz256cornelledu) is a PhD student at Cornell UniversityrsquosSchool of Industrial and Labor Relations His primary research focus is laborand employment relations with special attention to China And he has ongoinginterests in globalization development political economy skill formationproduction and work

Manuscript received September 18 2014Final version accepted September 28 2015 (number of revisions ndash 2)Accepted by Editor-in-Chief Arie Lewin

Ccopy 2016 The International Association for Chinese Management Research

  • INTRODUCTION
  • THEORETICAL PERSPECTIVES
    • Worker Militancy
    • State Promotion of Collective Bargaining
    • Variations in Collective Bargaining
    • The Future of Collective Bargaining
      • METHODOLOGY
      • RESULTS
        • Strikes
        • Collective Bargaining
        • Emerging Variation Varieties of Collective Bargaining in China
          • DISCUSSION
            • Moving across Quadrants The Future of Collective Bargaining and The Roles of Unions and Employers
              • CONCLUSION
              • NOTES
              • REFERENCES

Labor Unrest and Collective Bargaining 175

FormalisticIneffective AuthenticEffective

Centralization

Decentralization

- Industry-wide Agreements that are ineffective egWuhan Restaurants

- Well established industry wide agreements eg The Wenling Model

- Template Bargaining

- Strike-triggered Bargaining

- State-intervened Bargaining

- Informal Bargaining

- Informal Coordination

- Democratic Grassroots Union Election

- Employer Coordination and state Intervention

Q3 Q4 Q1 Q2

Figure 3 A taxonomy of varieties of collective bargaining in China

If this is true then the policy prescriptions are clearer Below we look more closelyat the nature of collective bargaining

Emerging Variation Varieties of Collective Bargaining in China

Based on the limited available research we classify collective bargaining agreementsbased on how centralized or decentralized and how authentic or inauthentic theyare Recall our key caveat that there is relatively little published research andhence our taxonomy below (see Figure 3) is not based on a representative sampleas it should be However we want to highlight that this is by no means a staticclassification because we also see dynamism where there is movement from onequadrant to another At best this taxonomy should be seen as an initial estimateor baseline against which future research can examine progress over the comingdecade

Quadrant 1 Decentralized inauthentic collective bargaining Perhaps the most commonform of collective bargaining is what we term lsquotemplate bargainingrsquo and what other

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176 S Kuruvilla and H Zhang

researchers have described as lsquocollective contracts without collective bargainingrsquoor lsquopaper contractsrsquo (Chen 2007 Clarke et al 2004 Luo 2011) Typically thelocal government ndash often the labor administration and official union ndash develops atemplate for a collective contract that employers and the local branch of the unionshould sign (jiti hetong fanben) In some cases the template agreement contains blankspaces for wage increases which enterprises can customize to suit their needsUsually a template agreement leaves little room for the parties to bargain overinterest-based issues (Chen 2007) This is the model of collective bargaining mostcommonly followed by the ACFTU which provides its unions with these templateagreements for various regions that employers are requested to sign and whichre-state minimum legal conditions Often employers prepare the contracts andunions simply sign them without engaging in any negotiation (Clarke et al 2004Luo 2011 Taylor Chang amp Li 2003 Wu 2012)

The ACFTU which is targeted with increasing the coverage of collectivebargaining within the country appears more interested in the quantity ofagreements signed (to meet its targets) with relatively little focus on the quality (Wu2012) Some of these template agreements are not even enforced due to weaknessesin the labor inspection regime (Wu 2012) or because the local enterprise unionsalso exist primarily lsquoon paperrsquo having been set up by the ACFTU in collaborationwith the employer often without the workersrsquo knowledge (Liu 2010) Thus thougha large majority of Chinese collective bargaining agreements hew to this type wesee them as being largely inauthentic and the most decentralized given that theyare signed at the enterprise level These have been well documented in existingstudies (Clarke et al 2004 Luo 2011 Taylor et al 2003 Warner amp Ng 1999) sowe shall not expand on them here

Quadrant 2 Decentralized authentic collective bargaining A small but growing number ofcollective bargaining agreements at the firm level can be termed more authenticalthough there is some variation to the extent that they truly encapsulate genuinebargaining There are three different ways in which this type of collective bargainingis happening One and perhaps the most authentic form of collective bargainingis the negotiations that take place after a strike as Elfstrom amp Kuruvilla (2014)suggest The best known case of strike-triggered bargaining is the Honda NanhaiTransmission plantrsquos strike in 2010 that resulted in substantial wage increases forworkers and later also triggered a strike wave in the local and national auto industryleading to substantial wage negotiation in many of those cases as well (Hui 2011)Since a strike when it occurs is frequently settled by negotiations these days (Chang2013) the steady growth in the number of strikes implies growth in more authenticcollective bargaining There is increasing research that suggest that strikes beforeand during the 2010 strike wave were settled via negotiations between provisionallyelected workersrsquo representatives and employers (Chen 2010 Meng 2012 MengLu Lei Wang amp Chang 2011) Some of these strike-based settlements have beenoften facilitated by the mediation of local governments and official unions and

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Labor Unrest and Collective Bargaining 177

the state in various places has appeared to prefer using this approach rather thansuppressing striking workers (Chang 2013 Gallagher 2014) Chen (2010) refersto these dispute and strike settlement mechanisms as quadripartite bargaininginvolving four actors (the state the ACFTU the employers and the workers)Strikes and post-strike settlements are an important route by which collectivebargaining is becoming institutionalized suggests Meng (2012) in his research onDalian

The second way that authentic bargaining may occur without collective actionby workers is through the direct intervention by the local government Chan andHuirsquos (2014) research on Hondarsquos (Guangzhou) 2011 bargaining round suggeststhat although a union in which workers elected their representatives and collectivebargaining were institutionalized in the firm after the 2010 strike the localgovernment directly intervened in the negotiations during the 2011 bargaininground and encouraged the parties to come to agreement Arguably the localgovernment was interested in avoiding a potential strike We refer to this as authenticbecause it is occurring in a situation where workers choose their own representativesand the local government apparently takes the process seriously However this is amore isolated case

Although much of the prior literature has focused on formal bargaining structuresto make the claim that much of Chinese collective bargaining is inauthentic Zhang(2014) makes a compelling case that we should examine informal processes whichare perhaps just as important as formal structures and constitute the third wayin which bargaining is effective He finds in his study of the auto industry inTianjin that while formal bargaining looks just as formalistic as many other casesmuch of the real negotiation takes place at both enterprise and industry levelsthrough informal processes of coordination and negotiations that have resultedin meaningful outcomes Although there have not been strikes or governmentintervention in the auto-industry bargaining cases in Tianjin that Zhang examineshis research points to the active role of the firm union in ensuring substantialnegotiation Thus there are many different ways in which authentic bargaining iscarried out

Quadrant 3 Centralized and inauthentic collective bargaining A major strategy of theACFTUrsquos Rainbow Plan can be found in its effort to carry out regional and industry-level bargaining seen as necessary to bring employees of small and medium sizedfirms under collective bargaining coverage (Wu 2012) And as noted the ACFTUrsquosefforts are complemented by the state apparatus where key state departmentsoften take the lead in mobilizing employers For instance in the second authorrsquosongoing research he finds that in the case of hospitals in Tianjin the districtunion successfully mobilized the employers by leveraging the district Bureau ofPublic Health (BOPH) ndash a state institution in charge of examining approving andsupervising all local public health affairs ndash to create an industry wide collectivebargaining agreement However it was not clear that workers were aware of the

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178 S Kuruvilla and H Zhang

agreement nor was it clear that the agreement was enforced Similar efforts arealso identified in Tianjinrsquos construction industry as well as in other regions in Wursquos(2012) research

While we need more cases to draw firmer conclusions thus far what is clear isthat many of these industry-wide agreements are either formalistic or have shownthemselves to be ineffective and not institutionalized Similar to that of decentralizedand formalistic bargaining the reasons for ineffectiveness at this level include theunionrsquos focus on formalistic terms the absence of strict enforcement and oftenworker ignorance of the terms of the agreement or that they were represented bya union (a frequent issue when union representatives are not directly elected) (Wu2012) A classic example here is Friedmanrsquos (2014b) study of sectoral bargainingin Ruirsquoan eyeglass cluster in Zhejiang Province where workers interviewed indeedknew nothing about the industry level contract that covered them Probably thebest-known case of failure of enforcement of collective bargaining can be foundin Wuhan where the local government in a top-down process initiated sectoralnegotiations in 2011 in the restaurant industry Although the sectoral contract hasset wage terms for over 450000 workers from 40000 different establishments in2011 (Xie amp Guo 2011) and has been renegotiated successfully over the last threeyears which has been well covered by mass media recent research (Xie ChenChen amp Xiao 2012) shows that only 569 of employees surveyed were receivingthe wages stipulated in the contract

Despite these issues the ACFTU continues to focus on building collectivebargaining institutions at the industry and regional levels In Guangzhou forinstance the official union has organized the construction industry although nocollective bargaining has been successfully achieved (Friedman 2014b) In additionunion organizing by region has also been identified in areas with clusters of smallbusinesses such as community unions village union associations market unionsoffice building unions and union associations by ownership in development zones(Liu 2010) But we are skeptical of the prospects for institutionalization of collectivebargaining at the regional level given the heterogeneity in industries and firms ina region and given that often workers are not aware of the agreement nor do theyelect their representatives

Quadrant 4 Centralized authentic collective bargaining There are a few instances ofcentralized sectoral bargaining that qualify as authentic Unlike the previousexamples where it was either the local government or the ACFTU that was theprimary engine behind the development of collective bargaining in the case ofWenling the employers were the ones who initiated the project Wenling a town inZhejiang Province contains a knitwear cluster with more than 130 firms employingabout 12000 workers in 2002 In this case employers began spontaneous wagecoordination in an effort to deal with the rising turnover as a result of whatwas an acute labor shortage (Xu 2005) They formed an employer association in2000 and institutionalized wage coordination amongst themselves although not all

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Labor Unrest and Collective Bargaining 179

employers came on board By 2003 the local government stepped in establishingan industrial union which ultimately signed an industry-wide agreement with theemployer association (Wen amp Lin 2015) That contract has been renegotiated everyyear since and is stable although it overwhelmingly focuses on the piece-rates andnot other working conditions Moreover it is a clear case of relatively authenticcollective bargaining arrangement in terms of how well the contract is enforcedThe second author interviewed workers in the industry in 2013 and found that thepiece-rates that were used to pay them was higher than or equal to those stipulatedin the contract

The Wenling model is being increasingly diffused to other areas In all 15industries ndash including the pump sector in a town named Zeguo (Liu 2010) ndashhave carried out similar bargaining by 2012 covering roughly 6100 enterprisesand 400000 workers (Zhang amp Shi 2012) There are reports of cases developingin other textile and garment (Luthje Luo amp Zhang 2013 269) as well as othermanufacturing clusters (Lee 2011) The commonalities across these lsquosuccessfulcasesrsquo is that they are negotiating about the piece-rate at the industry level andwage coordination was welcomed by small and medium-sized firms in order toreduce turnover in a labor shortage situation Therefore success seems to be in partdetermined by employer interest and readiness for collective bargaining as well

DISCUSSION

Moving across Quadrants The Future of Collective Bargaining andThe Roles of Unions and Employers

While the above taxonomy presents a static picture of the varieties of collectivebargaining in China it is important to incorporate a dynamic element specificallywhat makes it possible to move from inauthentic to more authentic collectivebargaining and how might decentralized bargaining connect with more centralizedstructures to create more worker solidarity

How might we expect movement from inauthentic to more authentic bargainingat the firm level (ie from Quadrant 1 to Quadrant 2) Certainly as discussedearlier strikes could trigger such a movement But there are other ways as wellOne strategy recently adopted in Guangzhou and Shenzhen is the grassroots unionelection (namely direct election for grassroots trade union cadres [gonghui zhixuan])When workers are able to elect their own representatives rather than having unionleaders decided by the regional official union or the enterprise it builds the localunionsrsquo autonomy and independence and is one necessary step for the growth ofauthentic bargaining This focus on direct election is growing For instance theShenzhen Federation of Trade Unions announced in 2012 that 163 enterpriseswith more than 1000 employees would all adopt direct election (Eastmoney 2012)The second authorrsquos interview with a key informant involved in Shenzhenrsquos unionelection revealed that approximately 1000 out of the 30000 enterprise unions

Ccopy 2016 The International Association for Chinese Management Research

180 S Kuruvilla and H Zhang

in Shenzhen had lsquocarried out or reached the level of direct union election (dadao

zhixuan shuiping)rsquo by August 2011 In Guangzhou Peng amp Du (2010) report thatseveral hundred of the over 50000 firm unions had been directly elected by 2010The case of direct union elections in Omron (Shenzhen) has been documented inWen (2013) and Hui amp Chanrsquos (2014) work Yet we need more research to properlyevaluate how these elections are conducted

Although the efficacy of direct union elections has been debated (some argue thatthese elections were manipulated by employers or local officials others questionthe degree to which these will be institutionalized in todayrsquos political climate inChina and some suggest that there is rising opposition to direct elections fromboth employers and the state (Chan 2009 Howell 2008 Wen 2013) the availableevidence (Hui amp Chan 2014 Wen 2013) and more recent first hand evidence fromour research in Guangzhoursquos auto industry suggests that thus far democratic unionelections facilitates collective bargaining with real negotiation between workers andemployers including some conflictual negotiations that result in real rather thanformalistic outcomes and hence are more authentic

Movement from Quadrant 3 to 4 (ie from less authentic to more authenticbargaining at the centralized level) appears possible when employers take the firststep in coordinating through employer associations and when the local governmentdirectly intervenes to create industry wide settlements as suggested by the Wenlingmodel However given the lack of a real connection between unions at this leveland the workers they represent and the heterogeneous workplaces that makedirect election of representatives more difficult we are not convinced that such amovement is imminent In addition there are a number of implementation andenforcement failures such as in the case of the restaurant industry in Wuhan thatsuggest the difficulty of achieving meaningful collective bargaining coverage for anentire regional industry

There is some evidence of increased coordination between decentralized andcentralized levels Zhang (2014) finds evidence of links between industry wagestructures and firm level bargaining in a circumstance when lead and supplierfirms belonging to the same value chain in the local labor market are involvedThis indicates some degree of dynamism distinct from the mostly static pictureimplied by our classification This movement of informal coordination appearssimilar to those practices in the West especially in Europe although perhaps it isat a more incipient stage here As Chinese employers in a cluster or industry beginto build better institutional structures to facilitate coordination that will stimulatea similar movement amongst workers and unions and thereby promote industrywide bargaining as well as firm level bargaining

CONCLUSION

In this paper we examine the growth of strikes and collective bargaining in ChinaUsing McAdamrsquos political process model we argued that Chinese workers are

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Labor Unrest and Collective Bargaining 181

striking more and proactively after 2008 The Chinese state has encouraged thegrowth of collective bargaining although its motivations for doing so could beattributed to different interests such as providing a mechanism to resolve laborconflict or to increase wages in its effort to lsquorebalancersquo the economy a necessarycondition to avoid the middle income trap We argued further that we wouldexpect to see considerable variation in collective bargaining based on the differentialinterests of central and local states who are enjoying more autonomy than theydid in the past And our analysis of the official union (ACFTU) and the crises ofidentity and legitimacy that it faces led us to expect that collective bargaining willbe predominantly inauthentic

The evidence largely supports our expectations Chinese workers are clearlystriking more after 2008 and the numbers of strikes from two different sets of datashow steady increases Collective bargaining has also grown sharply after 2008 butthe key agent charged with the responsibility of increasing bargaining coverage (theACFTU) tends to view it generally as a bureaucratic exercise Hence our findingthat much of the incipient collective bargaining in China hews to the inauthenticside of the continuum We also find considerable variation however in collectivebargaining This variation is attributable to the willingness of the state to allowexperimentation and it would appear that different industrial relations actors ielocal labor bureaucracies local employers and local unions exercise considerablefreedom to develop particular structures

While our taxonomy presents a static picture of collective bargaining in Chinatoday we also highlight how it may change in the future under the presentinstitutional structure We have identified several conditions that are necessary forbargaining arrangements to move towards greater authenticity Specifically eventhough the Chinese state is unlikely to permit workers to affiliate with unions of theirchoice reforms within the ACFTU that move it in the direction of increasing itsrepresentative function is one avenue for change An amendment to the GuangdongProvincial Regulation on Collective Contracts for Enterprises is in our view onepathway to more authentic bargaining The regulation is detailed covering notonly the content and subject matter of collective bargaining but includes extensiveprovisions regarding various aspects of collective negotiations Most crucially theregulation specifies clearly that lsquonegotiation representatives of the employees of thefirm must either be selected by the trade union or democratically elected by thestaff and workersrsquo ndash the first time that democratic elections have been specified inany provincial legislation regarding collective bargaining

However despite the growth and variation that we see and despite the promiseimplicit in the Guangdong regulations overall our paper suggests that collectivebargaining in China is at a very incipient stage At this point in 2015 our initialanalyses would suggest that the institution of collective bargaining in China is moreeffective at increasing wages thereby meeting the statersquos interest in rebalancing theeconomy and less effective in meeting the statersquos alternative interest ie representingworkers adequately so as to reduce industrial conflict

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182 S Kuruvilla and H Zhang

Under what conditions could collective bargaining meet the statersquos alternativeinterest This requires that Chinese unions overcome their problems of identity andlegitimacy A necessary condition is that the state must be willing to provide theunions with more independence What might bring this about The state wouldbe willing to do so if the legitimacy of the CCP is under threat And that couldhappen if industrial conflict and labor exploitation continue to increase despite thenew laws and union activity

However recent decisions suggest that the state has elected to follow an alternativeapproach of improving bargaining effectiveness with more centralization ratherthan providing local union autonomy In 2014 the ACFTU introduced a newfive-year plan (2014ndash2018) to promote collective bargaining Simultaneously inorder to improve collective bargaining effectiveness the ACFTU has adoptednew guidelines to its locals These include the notion that 100 of the workerscovered under CB should be aware of the bargaining and have provided themwith relatively centralized formats that would permit aggregation of data onwages More importantly in May 2015 the central government and CCP releasedlsquoSuggestions for Establishing Harmonious Labor Relationsrsquo ndash the first time thatharmonious labor relations were promoted at the central level in a special documentThese actions suggest that the CCP has acknowledged the shortcomings of thecurrent collective bargaining system (ie poor implementation poor quality ofagreements and the ACFTUs general inability to represent workers) and thethreat of continued industrial conflict to its own legitimacy but is still leery ofproviding local unions and workers with more autonomy that might result in thesuccessful institutionalization of bargaining

How does the development of Chinese unions and collective bargaininginstitutions compare with other Asian nations We might look to both Taiwanand South Korea for parallels Japan however is less comparable because thepost-war development of both unions and collective bargaining developed intandem with democratization (Gould 1984) and was led by employers whointroduced the famous pillars of lifetime employment seniority based wages andenterprise unions in search of labor stability (Hashimoto 1991) In both Koreaand Taiwan however the export oriented industrialization regimes adopted byauthoritarian governments entailed a high degree of control of labor Ratherlike China today Taiwanrsquos policies then required the unions to be affiliated toone central federation (the Chinese Federation of Labor) which was controlled bythe Kuomintang regime (Deyo 1987) Korea adopted a similar approach with thecreation of the Federation of Korean Trade Unions created by the governmentHowever in contrast to Taiwan (where the workforce was mostly composed oflabor working in agriculture and small scale industries) Korearsquos labor movementeven under authoritarian governments developed a stronger working class identityDeyo (1987) and Chu (1998) argue due to the tradition of nationalist mobilizationagainst the Japanese occupation large sized firms involved in heavy industries andhigh industry concentration Both countries democratized in the late 1980s Given

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Labor Unrest and Collective Bargaining 183

their historical weakness the labor movement in Taiwan did not play a major rolein the democratization processes unlike the Korean labor movement which was acentral player in the process in Korea Consequently post democratization Koreanunions aggressively demonstrated their power through waves of strikes (Chu 1998)that resulted in the formal institutionalization of a new industrial relations regimealong pluralist lines Taiwanrsquos labor movement given its historical weakness did notassert themselves as strongly after democratization although a new labor relationsregime developed thereafter Thus although there was broad similarity in termsof state control of labor in Korea Taiwan and China that similarity ended in the1980s upon democratization in Korea and Taiwan The Chinese labor movementstill remains under state control and the future evolution of both labor unions andcollective bargaining is as we have argued earlier in this paper dependent on CCPrsquosstrategies

Having developed a lsquobaselinersquo taxonomy of collective bargaining how mightfuture research advance our knowledge about collective bargaining in China Mostimportantly we need research (detailed case studies) on how collective bargainingis conducted in different parts of China As Friedman and Kuruvilla (2014) haveargued there is much experimentation and decentralization and more empiricalevidence of these processes are clearly necessary in order to evaluate what worksbest in which locations and why We specifically need more case studies ofauthentic bargaining Second we need analyses of collective bargaining contracts(on both a national and regional scale) in order to determine which are the keyissues of contention between management and labor and how they are changingovertime More research on the various experiments regarding union electionsand the impact of these on bargaining processes and outcomes is a key need aswell Thus there are plenty of opportunities for cutting edge research in collectivebargaining in China and we hope that Chinese management scholars would answerthis call for research into a crucial national human resource issue

NOTES

We thank Manfred Elfstrom and Eli Friedman for comments on an earlier version of this article andthe faculty at Renmin University School of Labor and Human Resources for hosting us[1] There have been various administrative provisions for collective negotiations since 1994 but

legal backing was only granted via the Labor Contract Law beginning in January 2008[2] According to the National Bureau of Statistics (NBS) the term lsquoenterprises above designated

sizersquo points to those industrial legal person enterprises whose yearly main business incomes equalto or are more than 5 million yuan (2009)

[3] The political geography in China divides the country into three levels of bureaucracies below thenational level namely the provincial level the citycounty level and the township level (Note thata village government is not an official bureaucracy but a villagersrsquo self-management organization)However as a legacy of the Kuomintang regime most cities include and administrate severalcounties and therefore the de facto bureaucratic system in China ndash according to which bothofficial unions and governments are structured ndash actually has four levels ie the provincial levelthe city level the countydistrict level and the township level

[4] We admit the possibility that the growing trend may be partially because of a betterdocumentation system now than before

Ccopy 2016 The International Association for Chinese Management Research

184 S Kuruvilla and H Zhang

REFERENCES

Bandurski D 2008 Taxi strikes in China highlight changing press controls China Media Project[Cited 31 March 2015] Available from URL httpcmphkuhk200811121344

Blecher M 1991 Development state entrepreneurial state The political economy of socialist reformin Xinji Municipality and Guanghan County In G White (Ed) The Chinese state in theera of economic reform The road to crisis 265ndash294 Basingstoke Macmillan

Blecher M amp Shue V 1996 Tethered deer Government and economy in a Chinese countyStanford CA Stanford University Press

Brown R 2006 Chinarsquos collective contract provisions Can collective negotiations embody collectivebargaining Duke Journal of Comparative and International Law 35 35ndash77

Cai F 2007 Zhongguo jingji mianlin de zhuanzhe jiqi dui fazhan he gaige de tiaozhan (The turningpoint faced by the Chinese economy and the challenge it presents to development and reform)Zhongguo Shehui Kexue (Social Sciences in China) 2007(3) 4ndash12

Chan A 1993 Revolution or corporatism Workers and trade unions in post-Mao China TheAustralian Journal of Chinese Affairs 29 31ndash61

Chan A 2009 Challenges and possibilities for democratic grassroots union elections in China Acase study of two factory-level elections and their aftermath Labor Studies Journal 34(3)293ndash317

Chan C K C amp Hui E S I 2014 The development of collective bargaining in China Fromlsquocollective bargaining by riotrsquo to lsquoparty state-led wage bargainingrsquo The China Quarterly217(1) 221ndash242

Chan K W 2010 A China paradox Migrant labor shortage amidst rural labor supply abundanceEurasian Geography and Economics 51(4) 513ndash530

Chang K 2013 Laogong guanxi jitihua zhuanxing yu zhengfu laogong zhengce de wanshan (Thecollective transformation of industrial relations and improvement of labor policies) ZhongguoShehui Kexue (Social Sciences in China) 2013(6) 91ndash108

Chen F 2003 Between the state and labour The conflict of Chinese trade unionsrsquo double identityin market reform The China Quarterly 176 1006ndash1028

Chen F 2007 Individual rights and collective rights Laborrsquos predicament in China Communistand Post-Communist Studies 40(1) 59ndash79

Chen F 2010 Trade unions and the quadripartite interactions in strike settlement in China TheChina Quarterly 201 104ndash124

Chu Y W 1998 Labor and democratization in South Korea and Taiwan Journal ofContemporary Asia 28(2) 185ndash202

Clarke S Lee C amp Li Q 2004 Collective consultation and industrial relations in China BritishJournal of Industrial Relations 42(2) 235ndash254

Deyo F C 1987 State and labor Modes of political exclusion in the East Asian development InF C Deyo (Ed) The political economy of the new Asian industrialism Ithaca NYCornell University Press

Eastmoney 2010 Zhixuan gonghui zhihou (After the direct election of the union)[Cited 14 September 2013] Available from URL httpmoneyeastmoneycomnews158320120918251427566html

Eisenhardt K 1989 Building theories from case study research Academy of ManagementReview 14(4) 532ndash550

Elfstrom M amp Kuruvilla S 2014 The changing nature of labor unrest in China Industrial andLabor Relations Review 67(2) 453ndash480

Frenkel S amp Kuruvilla S 2002 Logics of action globalization and changing employment relationsin China India Malaysia and the Philippines Industrial and Labor Relations Review55(3) 387ndash412

Friedman E D 2014a Insurgency trap Labor politics in postsocialist China Ithaca NYCornell University Press

Friedman E D 2014b Economic development and sectoral unions in China Industrial andLabor Relations Review 67(2) 481ndash503

Friedmand E D amp Kuruvilla S 2015 Experimentation and decentralization in Chinese industrialrelations Human Relations 68(2) 181ndash195

Friedman E amp Lee C K 2010 Remaking the world of Chinese labour A 30-year retrospectiveBritish Journal of Industrial Relations 48(3) 507ndash533

Ccopy 2016 The International Association for Chinese Management Research

Labor Unrest and Collective Bargaining 185

Gallagher M E 2005 Contagious capitalism Globalization and the politics of labor inChina Princeton Princeton University Press

Gallagher M E 2010 lsquoWe are not machinesrsquo Teen spirit on Chinarsquos shopfloor China Beat [Cited31 March 2015] Available from URL httpwwwthechinabeatorgp=2538

Gallagher M E amp Dong B 2011 Legislating harmony Labor law reform in contemporaryChina In S Kuruvilla C K Lee amp M E Gallagher (Eds) From iron rice bowl toinformalization Markets workers and the state in a changing China Ch3 IthacaNY Cornell University Press

Gallagher M E 2014 Chinarsquos workers movement and the end of the rapid-growth era Daedalus143(2) 81ndash95

Gould W B 1984 Japanrsquos reshaping of American labor law Cambridge MA MIT PressHashimoto M 1991 The industrial relations system in Japan An interpretation and policy

implications Managerial and Decision Economics 12 147ndash157Howell J A 2006 Reflections on the Chinese state Development and Change 37 273ndash

297Howell J A 2008 All-China Federation of Trades Unions beyond reform The slow march of direct

elections The China Quarterly 196 845ndash863Hu Y 2011 Shenme shi jiti hetong lsquoCaihong Jihuarsquo (What is the collective contract lsquoRainbow Planrsquo)

[Cited 14 September 2013] Available from URL httpwwwhaishang-lawcomArticlezhuanyeyanjiulaodongjiufen2011046155html

Hui E S I 2011 Understanding labour activism The Honda workersrsquo strike In C Scherrer (Ed)Chinarsquos labor questions Ch3 Munchen Mering Germang Rainer Hampp

Hui E S I amp Chan C K C 2014 Beyond the union-centered approach A critical evaluation ofrecent trade union elections in China British Journal of Industrial Relations

Katz H amp Darbishire O 2002 Converging divergences Worldwide changes inemployment systems Ithaca NY Cornell University Press

Katz H C Kochan T A amp Colvin A J S 2014 Labor relations in a global world Anintroduction focused on emerging countries Ithaca NY Cornell University Press

Lee C H 2011 Between the hierarchy and market Emerging mezzo-corporatistindustrial relations in China Unpublished manuscript

Lee C K 2007 Against the law Labor protests in Chinarsquos Rustbelt and Sunbelt BerkeleyUniversity of California Press

Liu M 2010 Union organizing in China Still a monolithic labor movement Industrial andLabor Relations Review 64(1) 30ndash52

Luo S 2011 Collective contracts but no collective bargaining In C Scherrer (Ed) Chinarsquos laborquestions Ch3 Munchen Mering Germang Rainer Hampp

Luthje B 2012 Diverging trajectories Economic rebalancing and labor policiesin China East-West Center Working Paper No 23 [Cited 31 March 2015] Avail-able from URL httpwwweastwestcenterorgpublicationsdiverging-trajectories-economic-rebalancing-and-labor-policies-china

Luthje B Luo S amp Zhang H 2013 Beyond the Iron Rice Bowl Regimes of productionand industrial relations in China Frankfurt amp New York Campus

McAdam D 1999 Political process and the development of Black Insurgency 1930ndash19702nd ed Chicago and London The University of Chicago Press

McDermott E P 2010 Industrial relations in China Ball of Confusion In K Townsend ampA Wilkinson (Eds) Research handbook on work and employment relations Ch16United Kingdom Edward Elgar Publishing

Meng Q 2012 Tanpan youxi zhong de lsquoshuoherenrsquo Yi DLDA qu wei li (The lsquomediatorrsquo in thebargaining game A case of DLDA) Qinghua Shehuixue Pinglun (Tsinghua SociologicalReview) 6 206ndash222

Meng Q Lu J Lei X Wang R amp Chang C 2011 2010 Zhongguo bagongchaodiaocha yu fenxi baogao (Report on the 2010 strike wave in China) Unpublishedmanuscript

OECD 2013 Protecting jobs enhancing flexibility A new look at employment protectionlegislation In OECD Employment Outlook Ch2 [Cited 31 March 2015] Available from URLhttpdxdoiorg101787empl_outlook-2013-en

Oi J 1995 The role of the local state in Chinarsquos transitional Economy The China Quarterly 1441132ndash1149

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186 S Kuruvilla and H Zhang

Peng M amp Du Q 2010 Quanzong guli tansuo gonghui zhuxi zhixuan (The ACFTUencourages direct elections of union chairs) [Cited 14 September 2013] Available fromURL httpepaperoeeeecomAhtml2010-0911content_1175401htm

Pan P P 2009 Out of Maorsquos shadow The struggle for the soul of a new China New YorkSimon amp Schuster

Rapoza K 2011 In coastal China a labor shortage Forbes [Cited 31 March2015] Available from URL httpwwwforbescomsiteskenrapoza20111220in-coastal-china-a-labor-shortage

Silver B J amp Zhang L 2009 China as an emerging epicenter of world labor unrest In H-F Hung(Ed) China and the transformation of global capitalism Baltimore Johns HopkinsUniversity Press

Stockmann D amp Gallagher M E 2011 Remote control How the media sustain authoritarian rulein China Comparative Political Studies 44(4) 436ndash467

Taylor B Chang K amp Li Q 2003 Industrial relations in China Cheltenham Edward ElgarTaylor B amp Li Q 2007 Is the ACFTU a union and does it matter Journal of Industrial

Relations 49(5) 701ndash715Taylor B amp Li Q 2010 Chinarsquos creative approach to lsquounionrsquo organizing Labor History 51(3)

411ndash428Tarrow S 1998 Power in movement Social movements and contentious politics New

York Cambridge University PressThe China Post 2012 China eyes 13 minimum wage rise in 5 years [Cited 31 March

2015] Available from URL httpwwwchinapostcomtwbusinessasia-china20120209331042China-eyeshtm

The Economist 2012 A dangerous year Unrest in China [Cited 31 March 2015] Available fromURL httpwwweconomistcomnode21543477

Unger J 2002 The transformation of rural China Armonk NY M E SharpeUnger J amp Chan A 1995 China corporatism and the East Asian model The Australian Journal

of Chinese Affairs 1995 29ndash53Venn D 2009 Legislation collective bargaining and enforcement Updating the OECD

employment protection indicators [Cited 31 March 2015] Available from URLhttpwwwoecdorgemploymentemp43116624pdf

Wang Z 2012 More workers staying near home China Daily [Cited 31 March 2015] Available fromURL httpwwwchinadailycomcnchina2012-0428content15166329htm

Warner M amp Ng S H 1999 Collective contracts in Chinese enterprises A new brand of collectivebargaining under lsquomarket Socialismrsquo British Journal of Industrial Relations 37(2) 295ndash314

Webb S amp Webb B 1897 Industrial democracy London New York amp Bombay LongmansGreen amp Co

Wen X amp Lin K 2015 Reconstituting industrial relations The experience of Wenling Journalof Contemporary China 24(94) 665ndash683

Wen X 2013 Gonghui zhixuan Guangdong shijian de jingyan yu jiaoxun (Union directelection Lessons from Guangdong) Paper presented at the 6th Annual Congress ofChina Labor Relations Association of the China Human Resource Development AssociationGuangzhou November 2013

Weston T B 2004 The iron man weeps Joblessness and political legitimacy in the Chinese rustbelt In P H Gries amp S Rosen (Eds) State and society in 21st century China Crisiscontention and legitimation 67ndash86 New York RoutledgeCurzon

Wu Q 2012 Jiti xieshang yu guojia zhudao xiade laodong guanxi zhili (Collective negotiationand state-oriented labor relations governance) Shehuixue Yanjiu (Sociological Studies)2012(3) 66ndash89

Xie Y amp Guo Y 2011 Zhongguo shi gongzi jiti xieshang moshi tansuo Wuhan shi canyin hangyegongzi jiti xieshang diaocha (A survey of collective consultation on wages in the catering industryin Wuhan) Zhongguo Laodong Guanxi Xueyuan Xuebao (Journal of China Instituteof Industrial Relations) 25(6) 54ndash58

Xie Y Chen J Chen P amp Xiao Q 2012 Zhongguo hangye gongzi jiti xieshang xiaoguode shizheng fenxi Yi Wuhan canyin hangye weili (An empirical analysis of industrialbargaining outcomes in China An example from the Wuhan restaurant and catering industry)Jingji Shehui Tizhi Bijiao (Comparative Economic and Social Systems) 2012(5)55ndash67

Ccopy 2016 The International Association for Chinese Management Research

Labor Unrest and Collective Bargaining 187

Xu X 2005 lsquoZiran zhuangtairsquo de gongzi jiti xieshang Zhongguo nanfang mouzhen yangmaoshanhangye gongzi jiti xieshang (Collective consultation and discussion on the wages under thelsquonatural conditionrsquo) Tianjin Gonghui Guanli Ganbu Xueyuan Xuebao (Journal ofTianjin Trade Union Administratorsrsquo College) 13(3) 29ndash32

Zhang H 2014 Informality in Chinarsquos collective bargaining Unpublished Masters thesisCornell University Ithaca NY

Zhang J amp Shi Y 2012 Guanyu hangye jiti xieshang qingkuang de diaocha baogao (Survey onindustrial collective negotiation) Zhongguo Laodong Guanxi Xueyuan Xuebao (Journalof China Institute of Industrial Relations) 26(4) 51ndash57

Sarosh Kuruvilla (sck4cornelledu) is Professor of Industrial RelationsAsian Studies and Public Affairs at Cornell University and Visiting Professor atthe London School of Economics His research focuses on the linkage betweeneconomic development strategies and labor and human resources policies Hehas published numerous articles and 3 books on various aspects of labor relationsin Asia He is currently researching collective bargaining in ChinaHao Zhang (hz256cornelledu) is a PhD student at Cornell UniversityrsquosSchool of Industrial and Labor Relations His primary research focus is laborand employment relations with special attention to China And he has ongoinginterests in globalization development political economy skill formationproduction and work

Manuscript received September 18 2014Final version accepted September 28 2015 (number of revisions ndash 2)Accepted by Editor-in-Chief Arie Lewin

Ccopy 2016 The International Association for Chinese Management Research

  • INTRODUCTION
  • THEORETICAL PERSPECTIVES
    • Worker Militancy
    • State Promotion of Collective Bargaining
    • Variations in Collective Bargaining
    • The Future of Collective Bargaining
      • METHODOLOGY
      • RESULTS
        • Strikes
        • Collective Bargaining
        • Emerging Variation Varieties of Collective Bargaining in China
          • DISCUSSION
            • Moving across Quadrants The Future of Collective Bargaining and The Roles of Unions and Employers
              • CONCLUSION
              • NOTES
              • REFERENCES

176 S Kuruvilla and H Zhang

researchers have described as lsquocollective contracts without collective bargainingrsquoor lsquopaper contractsrsquo (Chen 2007 Clarke et al 2004 Luo 2011) Typically thelocal government ndash often the labor administration and official union ndash develops atemplate for a collective contract that employers and the local branch of the unionshould sign (jiti hetong fanben) In some cases the template agreement contains blankspaces for wage increases which enterprises can customize to suit their needsUsually a template agreement leaves little room for the parties to bargain overinterest-based issues (Chen 2007) This is the model of collective bargaining mostcommonly followed by the ACFTU which provides its unions with these templateagreements for various regions that employers are requested to sign and whichre-state minimum legal conditions Often employers prepare the contracts andunions simply sign them without engaging in any negotiation (Clarke et al 2004Luo 2011 Taylor Chang amp Li 2003 Wu 2012)

The ACFTU which is targeted with increasing the coverage of collectivebargaining within the country appears more interested in the quantity ofagreements signed (to meet its targets) with relatively little focus on the quality (Wu2012) Some of these template agreements are not even enforced due to weaknessesin the labor inspection regime (Wu 2012) or because the local enterprise unionsalso exist primarily lsquoon paperrsquo having been set up by the ACFTU in collaborationwith the employer often without the workersrsquo knowledge (Liu 2010) Thus thougha large majority of Chinese collective bargaining agreements hew to this type wesee them as being largely inauthentic and the most decentralized given that theyare signed at the enterprise level These have been well documented in existingstudies (Clarke et al 2004 Luo 2011 Taylor et al 2003 Warner amp Ng 1999) sowe shall not expand on them here

Quadrant 2 Decentralized authentic collective bargaining A small but growing number ofcollective bargaining agreements at the firm level can be termed more authenticalthough there is some variation to the extent that they truly encapsulate genuinebargaining There are three different ways in which this type of collective bargainingis happening One and perhaps the most authentic form of collective bargainingis the negotiations that take place after a strike as Elfstrom amp Kuruvilla (2014)suggest The best known case of strike-triggered bargaining is the Honda NanhaiTransmission plantrsquos strike in 2010 that resulted in substantial wage increases forworkers and later also triggered a strike wave in the local and national auto industryleading to substantial wage negotiation in many of those cases as well (Hui 2011)Since a strike when it occurs is frequently settled by negotiations these days (Chang2013) the steady growth in the number of strikes implies growth in more authenticcollective bargaining There is increasing research that suggest that strikes beforeand during the 2010 strike wave were settled via negotiations between provisionallyelected workersrsquo representatives and employers (Chen 2010 Meng 2012 MengLu Lei Wang amp Chang 2011) Some of these strike-based settlements have beenoften facilitated by the mediation of local governments and official unions and

Ccopy 2016 The International Association for Chinese Management Research

Labor Unrest and Collective Bargaining 177

the state in various places has appeared to prefer using this approach rather thansuppressing striking workers (Chang 2013 Gallagher 2014) Chen (2010) refersto these dispute and strike settlement mechanisms as quadripartite bargaininginvolving four actors (the state the ACFTU the employers and the workers)Strikes and post-strike settlements are an important route by which collectivebargaining is becoming institutionalized suggests Meng (2012) in his research onDalian

The second way that authentic bargaining may occur without collective actionby workers is through the direct intervention by the local government Chan andHuirsquos (2014) research on Hondarsquos (Guangzhou) 2011 bargaining round suggeststhat although a union in which workers elected their representatives and collectivebargaining were institutionalized in the firm after the 2010 strike the localgovernment directly intervened in the negotiations during the 2011 bargaininground and encouraged the parties to come to agreement Arguably the localgovernment was interested in avoiding a potential strike We refer to this as authenticbecause it is occurring in a situation where workers choose their own representativesand the local government apparently takes the process seriously However this is amore isolated case

Although much of the prior literature has focused on formal bargaining structuresto make the claim that much of Chinese collective bargaining is inauthentic Zhang(2014) makes a compelling case that we should examine informal processes whichare perhaps just as important as formal structures and constitute the third wayin which bargaining is effective He finds in his study of the auto industry inTianjin that while formal bargaining looks just as formalistic as many other casesmuch of the real negotiation takes place at both enterprise and industry levelsthrough informal processes of coordination and negotiations that have resultedin meaningful outcomes Although there have not been strikes or governmentintervention in the auto-industry bargaining cases in Tianjin that Zhang examineshis research points to the active role of the firm union in ensuring substantialnegotiation Thus there are many different ways in which authentic bargaining iscarried out

Quadrant 3 Centralized and inauthentic collective bargaining A major strategy of theACFTUrsquos Rainbow Plan can be found in its effort to carry out regional and industry-level bargaining seen as necessary to bring employees of small and medium sizedfirms under collective bargaining coverage (Wu 2012) And as noted the ACFTUrsquosefforts are complemented by the state apparatus where key state departmentsoften take the lead in mobilizing employers For instance in the second authorrsquosongoing research he finds that in the case of hospitals in Tianjin the districtunion successfully mobilized the employers by leveraging the district Bureau ofPublic Health (BOPH) ndash a state institution in charge of examining approving andsupervising all local public health affairs ndash to create an industry wide collectivebargaining agreement However it was not clear that workers were aware of the

Ccopy 2016 The International Association for Chinese Management Research

178 S Kuruvilla and H Zhang

agreement nor was it clear that the agreement was enforced Similar efforts arealso identified in Tianjinrsquos construction industry as well as in other regions in Wursquos(2012) research

While we need more cases to draw firmer conclusions thus far what is clear isthat many of these industry-wide agreements are either formalistic or have shownthemselves to be ineffective and not institutionalized Similar to that of decentralizedand formalistic bargaining the reasons for ineffectiveness at this level include theunionrsquos focus on formalistic terms the absence of strict enforcement and oftenworker ignorance of the terms of the agreement or that they were represented bya union (a frequent issue when union representatives are not directly elected) (Wu2012) A classic example here is Friedmanrsquos (2014b) study of sectoral bargainingin Ruirsquoan eyeglass cluster in Zhejiang Province where workers interviewed indeedknew nothing about the industry level contract that covered them Probably thebest-known case of failure of enforcement of collective bargaining can be foundin Wuhan where the local government in a top-down process initiated sectoralnegotiations in 2011 in the restaurant industry Although the sectoral contract hasset wage terms for over 450000 workers from 40000 different establishments in2011 (Xie amp Guo 2011) and has been renegotiated successfully over the last threeyears which has been well covered by mass media recent research (Xie ChenChen amp Xiao 2012) shows that only 569 of employees surveyed were receivingthe wages stipulated in the contract

Despite these issues the ACFTU continues to focus on building collectivebargaining institutions at the industry and regional levels In Guangzhou forinstance the official union has organized the construction industry although nocollective bargaining has been successfully achieved (Friedman 2014b) In additionunion organizing by region has also been identified in areas with clusters of smallbusinesses such as community unions village union associations market unionsoffice building unions and union associations by ownership in development zones(Liu 2010) But we are skeptical of the prospects for institutionalization of collectivebargaining at the regional level given the heterogeneity in industries and firms ina region and given that often workers are not aware of the agreement nor do theyelect their representatives

Quadrant 4 Centralized authentic collective bargaining There are a few instances ofcentralized sectoral bargaining that qualify as authentic Unlike the previousexamples where it was either the local government or the ACFTU that was theprimary engine behind the development of collective bargaining in the case ofWenling the employers were the ones who initiated the project Wenling a town inZhejiang Province contains a knitwear cluster with more than 130 firms employingabout 12000 workers in 2002 In this case employers began spontaneous wagecoordination in an effort to deal with the rising turnover as a result of whatwas an acute labor shortage (Xu 2005) They formed an employer association in2000 and institutionalized wage coordination amongst themselves although not all

Ccopy 2016 The International Association for Chinese Management Research

Labor Unrest and Collective Bargaining 179

employers came on board By 2003 the local government stepped in establishingan industrial union which ultimately signed an industry-wide agreement with theemployer association (Wen amp Lin 2015) That contract has been renegotiated everyyear since and is stable although it overwhelmingly focuses on the piece-rates andnot other working conditions Moreover it is a clear case of relatively authenticcollective bargaining arrangement in terms of how well the contract is enforcedThe second author interviewed workers in the industry in 2013 and found that thepiece-rates that were used to pay them was higher than or equal to those stipulatedin the contract

The Wenling model is being increasingly diffused to other areas In all 15industries ndash including the pump sector in a town named Zeguo (Liu 2010) ndashhave carried out similar bargaining by 2012 covering roughly 6100 enterprisesand 400000 workers (Zhang amp Shi 2012) There are reports of cases developingin other textile and garment (Luthje Luo amp Zhang 2013 269) as well as othermanufacturing clusters (Lee 2011) The commonalities across these lsquosuccessfulcasesrsquo is that they are negotiating about the piece-rate at the industry level andwage coordination was welcomed by small and medium-sized firms in order toreduce turnover in a labor shortage situation Therefore success seems to be in partdetermined by employer interest and readiness for collective bargaining as well

DISCUSSION

Moving across Quadrants The Future of Collective Bargaining andThe Roles of Unions and Employers

While the above taxonomy presents a static picture of the varieties of collectivebargaining in China it is important to incorporate a dynamic element specificallywhat makes it possible to move from inauthentic to more authentic collectivebargaining and how might decentralized bargaining connect with more centralizedstructures to create more worker solidarity

How might we expect movement from inauthentic to more authentic bargainingat the firm level (ie from Quadrant 1 to Quadrant 2) Certainly as discussedearlier strikes could trigger such a movement But there are other ways as wellOne strategy recently adopted in Guangzhou and Shenzhen is the grassroots unionelection (namely direct election for grassroots trade union cadres [gonghui zhixuan])When workers are able to elect their own representatives rather than having unionleaders decided by the regional official union or the enterprise it builds the localunionsrsquo autonomy and independence and is one necessary step for the growth ofauthentic bargaining This focus on direct election is growing For instance theShenzhen Federation of Trade Unions announced in 2012 that 163 enterpriseswith more than 1000 employees would all adopt direct election (Eastmoney 2012)The second authorrsquos interview with a key informant involved in Shenzhenrsquos unionelection revealed that approximately 1000 out of the 30000 enterprise unions

Ccopy 2016 The International Association for Chinese Management Research

180 S Kuruvilla and H Zhang

in Shenzhen had lsquocarried out or reached the level of direct union election (dadao

zhixuan shuiping)rsquo by August 2011 In Guangzhou Peng amp Du (2010) report thatseveral hundred of the over 50000 firm unions had been directly elected by 2010The case of direct union elections in Omron (Shenzhen) has been documented inWen (2013) and Hui amp Chanrsquos (2014) work Yet we need more research to properlyevaluate how these elections are conducted

Although the efficacy of direct union elections has been debated (some argue thatthese elections were manipulated by employers or local officials others questionthe degree to which these will be institutionalized in todayrsquos political climate inChina and some suggest that there is rising opposition to direct elections fromboth employers and the state (Chan 2009 Howell 2008 Wen 2013) the availableevidence (Hui amp Chan 2014 Wen 2013) and more recent first hand evidence fromour research in Guangzhoursquos auto industry suggests that thus far democratic unionelections facilitates collective bargaining with real negotiation between workers andemployers including some conflictual negotiations that result in real rather thanformalistic outcomes and hence are more authentic

Movement from Quadrant 3 to 4 (ie from less authentic to more authenticbargaining at the centralized level) appears possible when employers take the firststep in coordinating through employer associations and when the local governmentdirectly intervenes to create industry wide settlements as suggested by the Wenlingmodel However given the lack of a real connection between unions at this leveland the workers they represent and the heterogeneous workplaces that makedirect election of representatives more difficult we are not convinced that such amovement is imminent In addition there are a number of implementation andenforcement failures such as in the case of the restaurant industry in Wuhan thatsuggest the difficulty of achieving meaningful collective bargaining coverage for anentire regional industry

There is some evidence of increased coordination between decentralized andcentralized levels Zhang (2014) finds evidence of links between industry wagestructures and firm level bargaining in a circumstance when lead and supplierfirms belonging to the same value chain in the local labor market are involvedThis indicates some degree of dynamism distinct from the mostly static pictureimplied by our classification This movement of informal coordination appearssimilar to those practices in the West especially in Europe although perhaps it isat a more incipient stage here As Chinese employers in a cluster or industry beginto build better institutional structures to facilitate coordination that will stimulatea similar movement amongst workers and unions and thereby promote industrywide bargaining as well as firm level bargaining

CONCLUSION

In this paper we examine the growth of strikes and collective bargaining in ChinaUsing McAdamrsquos political process model we argued that Chinese workers are

Ccopy 2016 The International Association for Chinese Management Research

Labor Unrest and Collective Bargaining 181

striking more and proactively after 2008 The Chinese state has encouraged thegrowth of collective bargaining although its motivations for doing so could beattributed to different interests such as providing a mechanism to resolve laborconflict or to increase wages in its effort to lsquorebalancersquo the economy a necessarycondition to avoid the middle income trap We argued further that we wouldexpect to see considerable variation in collective bargaining based on the differentialinterests of central and local states who are enjoying more autonomy than theydid in the past And our analysis of the official union (ACFTU) and the crises ofidentity and legitimacy that it faces led us to expect that collective bargaining willbe predominantly inauthentic

The evidence largely supports our expectations Chinese workers are clearlystriking more after 2008 and the numbers of strikes from two different sets of datashow steady increases Collective bargaining has also grown sharply after 2008 butthe key agent charged with the responsibility of increasing bargaining coverage (theACFTU) tends to view it generally as a bureaucratic exercise Hence our findingthat much of the incipient collective bargaining in China hews to the inauthenticside of the continuum We also find considerable variation however in collectivebargaining This variation is attributable to the willingness of the state to allowexperimentation and it would appear that different industrial relations actors ielocal labor bureaucracies local employers and local unions exercise considerablefreedom to develop particular structures

While our taxonomy presents a static picture of collective bargaining in Chinatoday we also highlight how it may change in the future under the presentinstitutional structure We have identified several conditions that are necessary forbargaining arrangements to move towards greater authenticity Specifically eventhough the Chinese state is unlikely to permit workers to affiliate with unions of theirchoice reforms within the ACFTU that move it in the direction of increasing itsrepresentative function is one avenue for change An amendment to the GuangdongProvincial Regulation on Collective Contracts for Enterprises is in our view onepathway to more authentic bargaining The regulation is detailed covering notonly the content and subject matter of collective bargaining but includes extensiveprovisions regarding various aspects of collective negotiations Most crucially theregulation specifies clearly that lsquonegotiation representatives of the employees of thefirm must either be selected by the trade union or democratically elected by thestaff and workersrsquo ndash the first time that democratic elections have been specified inany provincial legislation regarding collective bargaining

However despite the growth and variation that we see and despite the promiseimplicit in the Guangdong regulations overall our paper suggests that collectivebargaining in China is at a very incipient stage At this point in 2015 our initialanalyses would suggest that the institution of collective bargaining in China is moreeffective at increasing wages thereby meeting the statersquos interest in rebalancing theeconomy and less effective in meeting the statersquos alternative interest ie representingworkers adequately so as to reduce industrial conflict

Ccopy 2016 The International Association for Chinese Management Research

182 S Kuruvilla and H Zhang

Under what conditions could collective bargaining meet the statersquos alternativeinterest This requires that Chinese unions overcome their problems of identity andlegitimacy A necessary condition is that the state must be willing to provide theunions with more independence What might bring this about The state wouldbe willing to do so if the legitimacy of the CCP is under threat And that couldhappen if industrial conflict and labor exploitation continue to increase despite thenew laws and union activity

However recent decisions suggest that the state has elected to follow an alternativeapproach of improving bargaining effectiveness with more centralization ratherthan providing local union autonomy In 2014 the ACFTU introduced a newfive-year plan (2014ndash2018) to promote collective bargaining Simultaneously inorder to improve collective bargaining effectiveness the ACFTU has adoptednew guidelines to its locals These include the notion that 100 of the workerscovered under CB should be aware of the bargaining and have provided themwith relatively centralized formats that would permit aggregation of data onwages More importantly in May 2015 the central government and CCP releasedlsquoSuggestions for Establishing Harmonious Labor Relationsrsquo ndash the first time thatharmonious labor relations were promoted at the central level in a special documentThese actions suggest that the CCP has acknowledged the shortcomings of thecurrent collective bargaining system (ie poor implementation poor quality ofagreements and the ACFTUs general inability to represent workers) and thethreat of continued industrial conflict to its own legitimacy but is still leery ofproviding local unions and workers with more autonomy that might result in thesuccessful institutionalization of bargaining

How does the development of Chinese unions and collective bargaininginstitutions compare with other Asian nations We might look to both Taiwanand South Korea for parallels Japan however is less comparable because thepost-war development of both unions and collective bargaining developed intandem with democratization (Gould 1984) and was led by employers whointroduced the famous pillars of lifetime employment seniority based wages andenterprise unions in search of labor stability (Hashimoto 1991) In both Koreaand Taiwan however the export oriented industrialization regimes adopted byauthoritarian governments entailed a high degree of control of labor Ratherlike China today Taiwanrsquos policies then required the unions to be affiliated toone central federation (the Chinese Federation of Labor) which was controlled bythe Kuomintang regime (Deyo 1987) Korea adopted a similar approach with thecreation of the Federation of Korean Trade Unions created by the governmentHowever in contrast to Taiwan (where the workforce was mostly composed oflabor working in agriculture and small scale industries) Korearsquos labor movementeven under authoritarian governments developed a stronger working class identityDeyo (1987) and Chu (1998) argue due to the tradition of nationalist mobilizationagainst the Japanese occupation large sized firms involved in heavy industries andhigh industry concentration Both countries democratized in the late 1980s Given

Ccopy 2016 The International Association for Chinese Management Research

Labor Unrest and Collective Bargaining 183

their historical weakness the labor movement in Taiwan did not play a major rolein the democratization processes unlike the Korean labor movement which was acentral player in the process in Korea Consequently post democratization Koreanunions aggressively demonstrated their power through waves of strikes (Chu 1998)that resulted in the formal institutionalization of a new industrial relations regimealong pluralist lines Taiwanrsquos labor movement given its historical weakness did notassert themselves as strongly after democratization although a new labor relationsregime developed thereafter Thus although there was broad similarity in termsof state control of labor in Korea Taiwan and China that similarity ended in the1980s upon democratization in Korea and Taiwan The Chinese labor movementstill remains under state control and the future evolution of both labor unions andcollective bargaining is as we have argued earlier in this paper dependent on CCPrsquosstrategies

Having developed a lsquobaselinersquo taxonomy of collective bargaining how mightfuture research advance our knowledge about collective bargaining in China Mostimportantly we need research (detailed case studies) on how collective bargainingis conducted in different parts of China As Friedman and Kuruvilla (2014) haveargued there is much experimentation and decentralization and more empiricalevidence of these processes are clearly necessary in order to evaluate what worksbest in which locations and why We specifically need more case studies ofauthentic bargaining Second we need analyses of collective bargaining contracts(on both a national and regional scale) in order to determine which are the keyissues of contention between management and labor and how they are changingovertime More research on the various experiments regarding union electionsand the impact of these on bargaining processes and outcomes is a key need aswell Thus there are plenty of opportunities for cutting edge research in collectivebargaining in China and we hope that Chinese management scholars would answerthis call for research into a crucial national human resource issue

NOTES

We thank Manfred Elfstrom and Eli Friedman for comments on an earlier version of this article andthe faculty at Renmin University School of Labor and Human Resources for hosting us[1] There have been various administrative provisions for collective negotiations since 1994 but

legal backing was only granted via the Labor Contract Law beginning in January 2008[2] According to the National Bureau of Statistics (NBS) the term lsquoenterprises above designated

sizersquo points to those industrial legal person enterprises whose yearly main business incomes equalto or are more than 5 million yuan (2009)

[3] The political geography in China divides the country into three levels of bureaucracies below thenational level namely the provincial level the citycounty level and the township level (Note thata village government is not an official bureaucracy but a villagersrsquo self-management organization)However as a legacy of the Kuomintang regime most cities include and administrate severalcounties and therefore the de facto bureaucratic system in China ndash according to which bothofficial unions and governments are structured ndash actually has four levels ie the provincial levelthe city level the countydistrict level and the township level

[4] We admit the possibility that the growing trend may be partially because of a betterdocumentation system now than before

Ccopy 2016 The International Association for Chinese Management Research

184 S Kuruvilla and H Zhang

REFERENCES

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Blecher M 1991 Development state entrepreneurial state The political economy of socialist reformin Xinji Municipality and Guanghan County In G White (Ed) The Chinese state in theera of economic reform The road to crisis 265ndash294 Basingstoke Macmillan

Blecher M amp Shue V 1996 Tethered deer Government and economy in a Chinese countyStanford CA Stanford University Press

Brown R 2006 Chinarsquos collective contract provisions Can collective negotiations embody collectivebargaining Duke Journal of Comparative and International Law 35 35ndash77

Cai F 2007 Zhongguo jingji mianlin de zhuanzhe jiqi dui fazhan he gaige de tiaozhan (The turningpoint faced by the Chinese economy and the challenge it presents to development and reform)Zhongguo Shehui Kexue (Social Sciences in China) 2007(3) 4ndash12

Chan A 1993 Revolution or corporatism Workers and trade unions in post-Mao China TheAustralian Journal of Chinese Affairs 29 31ndash61

Chan A 2009 Challenges and possibilities for democratic grassroots union elections in China Acase study of two factory-level elections and their aftermath Labor Studies Journal 34(3)293ndash317

Chan C K C amp Hui E S I 2014 The development of collective bargaining in China Fromlsquocollective bargaining by riotrsquo to lsquoparty state-led wage bargainingrsquo The China Quarterly217(1) 221ndash242

Chan K W 2010 A China paradox Migrant labor shortage amidst rural labor supply abundanceEurasian Geography and Economics 51(4) 513ndash530

Chang K 2013 Laogong guanxi jitihua zhuanxing yu zhengfu laogong zhengce de wanshan (Thecollective transformation of industrial relations and improvement of labor policies) ZhongguoShehui Kexue (Social Sciences in China) 2013(6) 91ndash108

Chen F 2003 Between the state and labour The conflict of Chinese trade unionsrsquo double identityin market reform The China Quarterly 176 1006ndash1028

Chen F 2007 Individual rights and collective rights Laborrsquos predicament in China Communistand Post-Communist Studies 40(1) 59ndash79

Chen F 2010 Trade unions and the quadripartite interactions in strike settlement in China TheChina Quarterly 201 104ndash124

Chu Y W 1998 Labor and democratization in South Korea and Taiwan Journal ofContemporary Asia 28(2) 185ndash202

Clarke S Lee C amp Li Q 2004 Collective consultation and industrial relations in China BritishJournal of Industrial Relations 42(2) 235ndash254

Deyo F C 1987 State and labor Modes of political exclusion in the East Asian development InF C Deyo (Ed) The political economy of the new Asian industrialism Ithaca NYCornell University Press

Eastmoney 2010 Zhixuan gonghui zhihou (After the direct election of the union)[Cited 14 September 2013] Available from URL httpmoneyeastmoneycomnews158320120918251427566html

Eisenhardt K 1989 Building theories from case study research Academy of ManagementReview 14(4) 532ndash550

Elfstrom M amp Kuruvilla S 2014 The changing nature of labor unrest in China Industrial andLabor Relations Review 67(2) 453ndash480

Frenkel S amp Kuruvilla S 2002 Logics of action globalization and changing employment relationsin China India Malaysia and the Philippines Industrial and Labor Relations Review55(3) 387ndash412

Friedman E D 2014a Insurgency trap Labor politics in postsocialist China Ithaca NYCornell University Press

Friedman E D 2014b Economic development and sectoral unions in China Industrial andLabor Relations Review 67(2) 481ndash503

Friedmand E D amp Kuruvilla S 2015 Experimentation and decentralization in Chinese industrialrelations Human Relations 68(2) 181ndash195

Friedman E amp Lee C K 2010 Remaking the world of Chinese labour A 30-year retrospectiveBritish Journal of Industrial Relations 48(3) 507ndash533

Ccopy 2016 The International Association for Chinese Management Research

Labor Unrest and Collective Bargaining 185

Gallagher M E 2005 Contagious capitalism Globalization and the politics of labor inChina Princeton Princeton University Press

Gallagher M E 2010 lsquoWe are not machinesrsquo Teen spirit on Chinarsquos shopfloor China Beat [Cited31 March 2015] Available from URL httpwwwthechinabeatorgp=2538

Gallagher M E amp Dong B 2011 Legislating harmony Labor law reform in contemporaryChina In S Kuruvilla C K Lee amp M E Gallagher (Eds) From iron rice bowl toinformalization Markets workers and the state in a changing China Ch3 IthacaNY Cornell University Press

Gallagher M E 2014 Chinarsquos workers movement and the end of the rapid-growth era Daedalus143(2) 81ndash95

Gould W B 1984 Japanrsquos reshaping of American labor law Cambridge MA MIT PressHashimoto M 1991 The industrial relations system in Japan An interpretation and policy

implications Managerial and Decision Economics 12 147ndash157Howell J A 2006 Reflections on the Chinese state Development and Change 37 273ndash

297Howell J A 2008 All-China Federation of Trades Unions beyond reform The slow march of direct

elections The China Quarterly 196 845ndash863Hu Y 2011 Shenme shi jiti hetong lsquoCaihong Jihuarsquo (What is the collective contract lsquoRainbow Planrsquo)

[Cited 14 September 2013] Available from URL httpwwwhaishang-lawcomArticlezhuanyeyanjiulaodongjiufen2011046155html

Hui E S I 2011 Understanding labour activism The Honda workersrsquo strike In C Scherrer (Ed)Chinarsquos labor questions Ch3 Munchen Mering Germang Rainer Hampp

Hui E S I amp Chan C K C 2014 Beyond the union-centered approach A critical evaluation ofrecent trade union elections in China British Journal of Industrial Relations

Katz H amp Darbishire O 2002 Converging divergences Worldwide changes inemployment systems Ithaca NY Cornell University Press

Katz H C Kochan T A amp Colvin A J S 2014 Labor relations in a global world Anintroduction focused on emerging countries Ithaca NY Cornell University Press

Lee C H 2011 Between the hierarchy and market Emerging mezzo-corporatistindustrial relations in China Unpublished manuscript

Lee C K 2007 Against the law Labor protests in Chinarsquos Rustbelt and Sunbelt BerkeleyUniversity of California Press

Liu M 2010 Union organizing in China Still a monolithic labor movement Industrial andLabor Relations Review 64(1) 30ndash52

Luo S 2011 Collective contracts but no collective bargaining In C Scherrer (Ed) Chinarsquos laborquestions Ch3 Munchen Mering Germang Rainer Hampp

Luthje B 2012 Diverging trajectories Economic rebalancing and labor policiesin China East-West Center Working Paper No 23 [Cited 31 March 2015] Avail-able from URL httpwwweastwestcenterorgpublicationsdiverging-trajectories-economic-rebalancing-and-labor-policies-china

Luthje B Luo S amp Zhang H 2013 Beyond the Iron Rice Bowl Regimes of productionand industrial relations in China Frankfurt amp New York Campus

McAdam D 1999 Political process and the development of Black Insurgency 1930ndash19702nd ed Chicago and London The University of Chicago Press

McDermott E P 2010 Industrial relations in China Ball of Confusion In K Townsend ampA Wilkinson (Eds) Research handbook on work and employment relations Ch16United Kingdom Edward Elgar Publishing

Meng Q 2012 Tanpan youxi zhong de lsquoshuoherenrsquo Yi DLDA qu wei li (The lsquomediatorrsquo in thebargaining game A case of DLDA) Qinghua Shehuixue Pinglun (Tsinghua SociologicalReview) 6 206ndash222

Meng Q Lu J Lei X Wang R amp Chang C 2011 2010 Zhongguo bagongchaodiaocha yu fenxi baogao (Report on the 2010 strike wave in China) Unpublishedmanuscript

OECD 2013 Protecting jobs enhancing flexibility A new look at employment protectionlegislation In OECD Employment Outlook Ch2 [Cited 31 March 2015] Available from URLhttpdxdoiorg101787empl_outlook-2013-en

Oi J 1995 The role of the local state in Chinarsquos transitional Economy The China Quarterly 1441132ndash1149

Ccopy 2016 The International Association for Chinese Management Research

186 S Kuruvilla and H Zhang

Peng M amp Du Q 2010 Quanzong guli tansuo gonghui zhuxi zhixuan (The ACFTUencourages direct elections of union chairs) [Cited 14 September 2013] Available fromURL httpepaperoeeeecomAhtml2010-0911content_1175401htm

Pan P P 2009 Out of Maorsquos shadow The struggle for the soul of a new China New YorkSimon amp Schuster

Rapoza K 2011 In coastal China a labor shortage Forbes [Cited 31 March2015] Available from URL httpwwwforbescomsiteskenrapoza20111220in-coastal-china-a-labor-shortage

Silver B J amp Zhang L 2009 China as an emerging epicenter of world labor unrest In H-F Hung(Ed) China and the transformation of global capitalism Baltimore Johns HopkinsUniversity Press

Stockmann D amp Gallagher M E 2011 Remote control How the media sustain authoritarian rulein China Comparative Political Studies 44(4) 436ndash467

Taylor B Chang K amp Li Q 2003 Industrial relations in China Cheltenham Edward ElgarTaylor B amp Li Q 2007 Is the ACFTU a union and does it matter Journal of Industrial

Relations 49(5) 701ndash715Taylor B amp Li Q 2010 Chinarsquos creative approach to lsquounionrsquo organizing Labor History 51(3)

411ndash428Tarrow S 1998 Power in movement Social movements and contentious politics New

York Cambridge University PressThe China Post 2012 China eyes 13 minimum wage rise in 5 years [Cited 31 March

2015] Available from URL httpwwwchinapostcomtwbusinessasia-china20120209331042China-eyeshtm

The Economist 2012 A dangerous year Unrest in China [Cited 31 March 2015] Available fromURL httpwwweconomistcomnode21543477

Unger J 2002 The transformation of rural China Armonk NY M E SharpeUnger J amp Chan A 1995 China corporatism and the East Asian model The Australian Journal

of Chinese Affairs 1995 29ndash53Venn D 2009 Legislation collective bargaining and enforcement Updating the OECD

employment protection indicators [Cited 31 March 2015] Available from URLhttpwwwoecdorgemploymentemp43116624pdf

Wang Z 2012 More workers staying near home China Daily [Cited 31 March 2015] Available fromURL httpwwwchinadailycomcnchina2012-0428content15166329htm

Warner M amp Ng S H 1999 Collective contracts in Chinese enterprises A new brand of collectivebargaining under lsquomarket Socialismrsquo British Journal of Industrial Relations 37(2) 295ndash314

Webb S amp Webb B 1897 Industrial democracy London New York amp Bombay LongmansGreen amp Co

Wen X amp Lin K 2015 Reconstituting industrial relations The experience of Wenling Journalof Contemporary China 24(94) 665ndash683

Wen X 2013 Gonghui zhixuan Guangdong shijian de jingyan yu jiaoxun (Union directelection Lessons from Guangdong) Paper presented at the 6th Annual Congress ofChina Labor Relations Association of the China Human Resource Development AssociationGuangzhou November 2013

Weston T B 2004 The iron man weeps Joblessness and political legitimacy in the Chinese rustbelt In P H Gries amp S Rosen (Eds) State and society in 21st century China Crisiscontention and legitimation 67ndash86 New York RoutledgeCurzon

Wu Q 2012 Jiti xieshang yu guojia zhudao xiade laodong guanxi zhili (Collective negotiationand state-oriented labor relations governance) Shehuixue Yanjiu (Sociological Studies)2012(3) 66ndash89

Xie Y amp Guo Y 2011 Zhongguo shi gongzi jiti xieshang moshi tansuo Wuhan shi canyin hangyegongzi jiti xieshang diaocha (A survey of collective consultation on wages in the catering industryin Wuhan) Zhongguo Laodong Guanxi Xueyuan Xuebao (Journal of China Instituteof Industrial Relations) 25(6) 54ndash58

Xie Y Chen J Chen P amp Xiao Q 2012 Zhongguo hangye gongzi jiti xieshang xiaoguode shizheng fenxi Yi Wuhan canyin hangye weili (An empirical analysis of industrialbargaining outcomes in China An example from the Wuhan restaurant and catering industry)Jingji Shehui Tizhi Bijiao (Comparative Economic and Social Systems) 2012(5)55ndash67

Ccopy 2016 The International Association for Chinese Management Research

Labor Unrest and Collective Bargaining 187

Xu X 2005 lsquoZiran zhuangtairsquo de gongzi jiti xieshang Zhongguo nanfang mouzhen yangmaoshanhangye gongzi jiti xieshang (Collective consultation and discussion on the wages under thelsquonatural conditionrsquo) Tianjin Gonghui Guanli Ganbu Xueyuan Xuebao (Journal ofTianjin Trade Union Administratorsrsquo College) 13(3) 29ndash32

Zhang H 2014 Informality in Chinarsquos collective bargaining Unpublished Masters thesisCornell University Ithaca NY

Zhang J amp Shi Y 2012 Guanyu hangye jiti xieshang qingkuang de diaocha baogao (Survey onindustrial collective negotiation) Zhongguo Laodong Guanxi Xueyuan Xuebao (Journalof China Institute of Industrial Relations) 26(4) 51ndash57

Sarosh Kuruvilla (sck4cornelledu) is Professor of Industrial RelationsAsian Studies and Public Affairs at Cornell University and Visiting Professor atthe London School of Economics His research focuses on the linkage betweeneconomic development strategies and labor and human resources policies Hehas published numerous articles and 3 books on various aspects of labor relationsin Asia He is currently researching collective bargaining in ChinaHao Zhang (hz256cornelledu) is a PhD student at Cornell UniversityrsquosSchool of Industrial and Labor Relations His primary research focus is laborand employment relations with special attention to China And he has ongoinginterests in globalization development political economy skill formationproduction and work

Manuscript received September 18 2014Final version accepted September 28 2015 (number of revisions ndash 2)Accepted by Editor-in-Chief Arie Lewin

Ccopy 2016 The International Association for Chinese Management Research

  • INTRODUCTION
  • THEORETICAL PERSPECTIVES
    • Worker Militancy
    • State Promotion of Collective Bargaining
    • Variations in Collective Bargaining
    • The Future of Collective Bargaining
      • METHODOLOGY
      • RESULTS
        • Strikes
        • Collective Bargaining
        • Emerging Variation Varieties of Collective Bargaining in China
          • DISCUSSION
            • Moving across Quadrants The Future of Collective Bargaining and The Roles of Unions and Employers
              • CONCLUSION
              • NOTES
              • REFERENCES

Labor Unrest and Collective Bargaining 177

the state in various places has appeared to prefer using this approach rather thansuppressing striking workers (Chang 2013 Gallagher 2014) Chen (2010) refersto these dispute and strike settlement mechanisms as quadripartite bargaininginvolving four actors (the state the ACFTU the employers and the workers)Strikes and post-strike settlements are an important route by which collectivebargaining is becoming institutionalized suggests Meng (2012) in his research onDalian

The second way that authentic bargaining may occur without collective actionby workers is through the direct intervention by the local government Chan andHuirsquos (2014) research on Hondarsquos (Guangzhou) 2011 bargaining round suggeststhat although a union in which workers elected their representatives and collectivebargaining were institutionalized in the firm after the 2010 strike the localgovernment directly intervened in the negotiations during the 2011 bargaininground and encouraged the parties to come to agreement Arguably the localgovernment was interested in avoiding a potential strike We refer to this as authenticbecause it is occurring in a situation where workers choose their own representativesand the local government apparently takes the process seriously However this is amore isolated case

Although much of the prior literature has focused on formal bargaining structuresto make the claim that much of Chinese collective bargaining is inauthentic Zhang(2014) makes a compelling case that we should examine informal processes whichare perhaps just as important as formal structures and constitute the third wayin which bargaining is effective He finds in his study of the auto industry inTianjin that while formal bargaining looks just as formalistic as many other casesmuch of the real negotiation takes place at both enterprise and industry levelsthrough informal processes of coordination and negotiations that have resultedin meaningful outcomes Although there have not been strikes or governmentintervention in the auto-industry bargaining cases in Tianjin that Zhang examineshis research points to the active role of the firm union in ensuring substantialnegotiation Thus there are many different ways in which authentic bargaining iscarried out

Quadrant 3 Centralized and inauthentic collective bargaining A major strategy of theACFTUrsquos Rainbow Plan can be found in its effort to carry out regional and industry-level bargaining seen as necessary to bring employees of small and medium sizedfirms under collective bargaining coverage (Wu 2012) And as noted the ACFTUrsquosefforts are complemented by the state apparatus where key state departmentsoften take the lead in mobilizing employers For instance in the second authorrsquosongoing research he finds that in the case of hospitals in Tianjin the districtunion successfully mobilized the employers by leveraging the district Bureau ofPublic Health (BOPH) ndash a state institution in charge of examining approving andsupervising all local public health affairs ndash to create an industry wide collectivebargaining agreement However it was not clear that workers were aware of the

Ccopy 2016 The International Association for Chinese Management Research

178 S Kuruvilla and H Zhang

agreement nor was it clear that the agreement was enforced Similar efforts arealso identified in Tianjinrsquos construction industry as well as in other regions in Wursquos(2012) research

While we need more cases to draw firmer conclusions thus far what is clear isthat many of these industry-wide agreements are either formalistic or have shownthemselves to be ineffective and not institutionalized Similar to that of decentralizedand formalistic bargaining the reasons for ineffectiveness at this level include theunionrsquos focus on formalistic terms the absence of strict enforcement and oftenworker ignorance of the terms of the agreement or that they were represented bya union (a frequent issue when union representatives are not directly elected) (Wu2012) A classic example here is Friedmanrsquos (2014b) study of sectoral bargainingin Ruirsquoan eyeglass cluster in Zhejiang Province where workers interviewed indeedknew nothing about the industry level contract that covered them Probably thebest-known case of failure of enforcement of collective bargaining can be foundin Wuhan where the local government in a top-down process initiated sectoralnegotiations in 2011 in the restaurant industry Although the sectoral contract hasset wage terms for over 450000 workers from 40000 different establishments in2011 (Xie amp Guo 2011) and has been renegotiated successfully over the last threeyears which has been well covered by mass media recent research (Xie ChenChen amp Xiao 2012) shows that only 569 of employees surveyed were receivingthe wages stipulated in the contract

Despite these issues the ACFTU continues to focus on building collectivebargaining institutions at the industry and regional levels In Guangzhou forinstance the official union has organized the construction industry although nocollective bargaining has been successfully achieved (Friedman 2014b) In additionunion organizing by region has also been identified in areas with clusters of smallbusinesses such as community unions village union associations market unionsoffice building unions and union associations by ownership in development zones(Liu 2010) But we are skeptical of the prospects for institutionalization of collectivebargaining at the regional level given the heterogeneity in industries and firms ina region and given that often workers are not aware of the agreement nor do theyelect their representatives

Quadrant 4 Centralized authentic collective bargaining There are a few instances ofcentralized sectoral bargaining that qualify as authentic Unlike the previousexamples where it was either the local government or the ACFTU that was theprimary engine behind the development of collective bargaining in the case ofWenling the employers were the ones who initiated the project Wenling a town inZhejiang Province contains a knitwear cluster with more than 130 firms employingabout 12000 workers in 2002 In this case employers began spontaneous wagecoordination in an effort to deal with the rising turnover as a result of whatwas an acute labor shortage (Xu 2005) They formed an employer association in2000 and institutionalized wage coordination amongst themselves although not all

Ccopy 2016 The International Association for Chinese Management Research

Labor Unrest and Collective Bargaining 179

employers came on board By 2003 the local government stepped in establishingan industrial union which ultimately signed an industry-wide agreement with theemployer association (Wen amp Lin 2015) That contract has been renegotiated everyyear since and is stable although it overwhelmingly focuses on the piece-rates andnot other working conditions Moreover it is a clear case of relatively authenticcollective bargaining arrangement in terms of how well the contract is enforcedThe second author interviewed workers in the industry in 2013 and found that thepiece-rates that were used to pay them was higher than or equal to those stipulatedin the contract

The Wenling model is being increasingly diffused to other areas In all 15industries ndash including the pump sector in a town named Zeguo (Liu 2010) ndashhave carried out similar bargaining by 2012 covering roughly 6100 enterprisesand 400000 workers (Zhang amp Shi 2012) There are reports of cases developingin other textile and garment (Luthje Luo amp Zhang 2013 269) as well as othermanufacturing clusters (Lee 2011) The commonalities across these lsquosuccessfulcasesrsquo is that they are negotiating about the piece-rate at the industry level andwage coordination was welcomed by small and medium-sized firms in order toreduce turnover in a labor shortage situation Therefore success seems to be in partdetermined by employer interest and readiness for collective bargaining as well

DISCUSSION

Moving across Quadrants The Future of Collective Bargaining andThe Roles of Unions and Employers

While the above taxonomy presents a static picture of the varieties of collectivebargaining in China it is important to incorporate a dynamic element specificallywhat makes it possible to move from inauthentic to more authentic collectivebargaining and how might decentralized bargaining connect with more centralizedstructures to create more worker solidarity

How might we expect movement from inauthentic to more authentic bargainingat the firm level (ie from Quadrant 1 to Quadrant 2) Certainly as discussedearlier strikes could trigger such a movement But there are other ways as wellOne strategy recently adopted in Guangzhou and Shenzhen is the grassroots unionelection (namely direct election for grassroots trade union cadres [gonghui zhixuan])When workers are able to elect their own representatives rather than having unionleaders decided by the regional official union or the enterprise it builds the localunionsrsquo autonomy and independence and is one necessary step for the growth ofauthentic bargaining This focus on direct election is growing For instance theShenzhen Federation of Trade Unions announced in 2012 that 163 enterpriseswith more than 1000 employees would all adopt direct election (Eastmoney 2012)The second authorrsquos interview with a key informant involved in Shenzhenrsquos unionelection revealed that approximately 1000 out of the 30000 enterprise unions

Ccopy 2016 The International Association for Chinese Management Research

180 S Kuruvilla and H Zhang

in Shenzhen had lsquocarried out or reached the level of direct union election (dadao

zhixuan shuiping)rsquo by August 2011 In Guangzhou Peng amp Du (2010) report thatseveral hundred of the over 50000 firm unions had been directly elected by 2010The case of direct union elections in Omron (Shenzhen) has been documented inWen (2013) and Hui amp Chanrsquos (2014) work Yet we need more research to properlyevaluate how these elections are conducted

Although the efficacy of direct union elections has been debated (some argue thatthese elections were manipulated by employers or local officials others questionthe degree to which these will be institutionalized in todayrsquos political climate inChina and some suggest that there is rising opposition to direct elections fromboth employers and the state (Chan 2009 Howell 2008 Wen 2013) the availableevidence (Hui amp Chan 2014 Wen 2013) and more recent first hand evidence fromour research in Guangzhoursquos auto industry suggests that thus far democratic unionelections facilitates collective bargaining with real negotiation between workers andemployers including some conflictual negotiations that result in real rather thanformalistic outcomes and hence are more authentic

Movement from Quadrant 3 to 4 (ie from less authentic to more authenticbargaining at the centralized level) appears possible when employers take the firststep in coordinating through employer associations and when the local governmentdirectly intervenes to create industry wide settlements as suggested by the Wenlingmodel However given the lack of a real connection between unions at this leveland the workers they represent and the heterogeneous workplaces that makedirect election of representatives more difficult we are not convinced that such amovement is imminent In addition there are a number of implementation andenforcement failures such as in the case of the restaurant industry in Wuhan thatsuggest the difficulty of achieving meaningful collective bargaining coverage for anentire regional industry

There is some evidence of increased coordination between decentralized andcentralized levels Zhang (2014) finds evidence of links between industry wagestructures and firm level bargaining in a circumstance when lead and supplierfirms belonging to the same value chain in the local labor market are involvedThis indicates some degree of dynamism distinct from the mostly static pictureimplied by our classification This movement of informal coordination appearssimilar to those practices in the West especially in Europe although perhaps it isat a more incipient stage here As Chinese employers in a cluster or industry beginto build better institutional structures to facilitate coordination that will stimulatea similar movement amongst workers and unions and thereby promote industrywide bargaining as well as firm level bargaining

CONCLUSION

In this paper we examine the growth of strikes and collective bargaining in ChinaUsing McAdamrsquos political process model we argued that Chinese workers are

Ccopy 2016 The International Association for Chinese Management Research

Labor Unrest and Collective Bargaining 181

striking more and proactively after 2008 The Chinese state has encouraged thegrowth of collective bargaining although its motivations for doing so could beattributed to different interests such as providing a mechanism to resolve laborconflict or to increase wages in its effort to lsquorebalancersquo the economy a necessarycondition to avoid the middle income trap We argued further that we wouldexpect to see considerable variation in collective bargaining based on the differentialinterests of central and local states who are enjoying more autonomy than theydid in the past And our analysis of the official union (ACFTU) and the crises ofidentity and legitimacy that it faces led us to expect that collective bargaining willbe predominantly inauthentic

The evidence largely supports our expectations Chinese workers are clearlystriking more after 2008 and the numbers of strikes from two different sets of datashow steady increases Collective bargaining has also grown sharply after 2008 butthe key agent charged with the responsibility of increasing bargaining coverage (theACFTU) tends to view it generally as a bureaucratic exercise Hence our findingthat much of the incipient collective bargaining in China hews to the inauthenticside of the continuum We also find considerable variation however in collectivebargaining This variation is attributable to the willingness of the state to allowexperimentation and it would appear that different industrial relations actors ielocal labor bureaucracies local employers and local unions exercise considerablefreedom to develop particular structures

While our taxonomy presents a static picture of collective bargaining in Chinatoday we also highlight how it may change in the future under the presentinstitutional structure We have identified several conditions that are necessary forbargaining arrangements to move towards greater authenticity Specifically eventhough the Chinese state is unlikely to permit workers to affiliate with unions of theirchoice reforms within the ACFTU that move it in the direction of increasing itsrepresentative function is one avenue for change An amendment to the GuangdongProvincial Regulation on Collective Contracts for Enterprises is in our view onepathway to more authentic bargaining The regulation is detailed covering notonly the content and subject matter of collective bargaining but includes extensiveprovisions regarding various aspects of collective negotiations Most crucially theregulation specifies clearly that lsquonegotiation representatives of the employees of thefirm must either be selected by the trade union or democratically elected by thestaff and workersrsquo ndash the first time that democratic elections have been specified inany provincial legislation regarding collective bargaining

However despite the growth and variation that we see and despite the promiseimplicit in the Guangdong regulations overall our paper suggests that collectivebargaining in China is at a very incipient stage At this point in 2015 our initialanalyses would suggest that the institution of collective bargaining in China is moreeffective at increasing wages thereby meeting the statersquos interest in rebalancing theeconomy and less effective in meeting the statersquos alternative interest ie representingworkers adequately so as to reduce industrial conflict

Ccopy 2016 The International Association for Chinese Management Research

182 S Kuruvilla and H Zhang

Under what conditions could collective bargaining meet the statersquos alternativeinterest This requires that Chinese unions overcome their problems of identity andlegitimacy A necessary condition is that the state must be willing to provide theunions with more independence What might bring this about The state wouldbe willing to do so if the legitimacy of the CCP is under threat And that couldhappen if industrial conflict and labor exploitation continue to increase despite thenew laws and union activity

However recent decisions suggest that the state has elected to follow an alternativeapproach of improving bargaining effectiveness with more centralization ratherthan providing local union autonomy In 2014 the ACFTU introduced a newfive-year plan (2014ndash2018) to promote collective bargaining Simultaneously inorder to improve collective bargaining effectiveness the ACFTU has adoptednew guidelines to its locals These include the notion that 100 of the workerscovered under CB should be aware of the bargaining and have provided themwith relatively centralized formats that would permit aggregation of data onwages More importantly in May 2015 the central government and CCP releasedlsquoSuggestions for Establishing Harmonious Labor Relationsrsquo ndash the first time thatharmonious labor relations were promoted at the central level in a special documentThese actions suggest that the CCP has acknowledged the shortcomings of thecurrent collective bargaining system (ie poor implementation poor quality ofagreements and the ACFTUs general inability to represent workers) and thethreat of continued industrial conflict to its own legitimacy but is still leery ofproviding local unions and workers with more autonomy that might result in thesuccessful institutionalization of bargaining

How does the development of Chinese unions and collective bargaininginstitutions compare with other Asian nations We might look to both Taiwanand South Korea for parallels Japan however is less comparable because thepost-war development of both unions and collective bargaining developed intandem with democratization (Gould 1984) and was led by employers whointroduced the famous pillars of lifetime employment seniority based wages andenterprise unions in search of labor stability (Hashimoto 1991) In both Koreaand Taiwan however the export oriented industrialization regimes adopted byauthoritarian governments entailed a high degree of control of labor Ratherlike China today Taiwanrsquos policies then required the unions to be affiliated toone central federation (the Chinese Federation of Labor) which was controlled bythe Kuomintang regime (Deyo 1987) Korea adopted a similar approach with thecreation of the Federation of Korean Trade Unions created by the governmentHowever in contrast to Taiwan (where the workforce was mostly composed oflabor working in agriculture and small scale industries) Korearsquos labor movementeven under authoritarian governments developed a stronger working class identityDeyo (1987) and Chu (1998) argue due to the tradition of nationalist mobilizationagainst the Japanese occupation large sized firms involved in heavy industries andhigh industry concentration Both countries democratized in the late 1980s Given

Ccopy 2016 The International Association for Chinese Management Research

Labor Unrest and Collective Bargaining 183

their historical weakness the labor movement in Taiwan did not play a major rolein the democratization processes unlike the Korean labor movement which was acentral player in the process in Korea Consequently post democratization Koreanunions aggressively demonstrated their power through waves of strikes (Chu 1998)that resulted in the formal institutionalization of a new industrial relations regimealong pluralist lines Taiwanrsquos labor movement given its historical weakness did notassert themselves as strongly after democratization although a new labor relationsregime developed thereafter Thus although there was broad similarity in termsof state control of labor in Korea Taiwan and China that similarity ended in the1980s upon democratization in Korea and Taiwan The Chinese labor movementstill remains under state control and the future evolution of both labor unions andcollective bargaining is as we have argued earlier in this paper dependent on CCPrsquosstrategies

Having developed a lsquobaselinersquo taxonomy of collective bargaining how mightfuture research advance our knowledge about collective bargaining in China Mostimportantly we need research (detailed case studies) on how collective bargainingis conducted in different parts of China As Friedman and Kuruvilla (2014) haveargued there is much experimentation and decentralization and more empiricalevidence of these processes are clearly necessary in order to evaluate what worksbest in which locations and why We specifically need more case studies ofauthentic bargaining Second we need analyses of collective bargaining contracts(on both a national and regional scale) in order to determine which are the keyissues of contention between management and labor and how they are changingovertime More research on the various experiments regarding union electionsand the impact of these on bargaining processes and outcomes is a key need aswell Thus there are plenty of opportunities for cutting edge research in collectivebargaining in China and we hope that Chinese management scholars would answerthis call for research into a crucial national human resource issue

NOTES

We thank Manfred Elfstrom and Eli Friedman for comments on an earlier version of this article andthe faculty at Renmin University School of Labor and Human Resources for hosting us[1] There have been various administrative provisions for collective negotiations since 1994 but

legal backing was only granted via the Labor Contract Law beginning in January 2008[2] According to the National Bureau of Statistics (NBS) the term lsquoenterprises above designated

sizersquo points to those industrial legal person enterprises whose yearly main business incomes equalto or are more than 5 million yuan (2009)

[3] The political geography in China divides the country into three levels of bureaucracies below thenational level namely the provincial level the citycounty level and the township level (Note thata village government is not an official bureaucracy but a villagersrsquo self-management organization)However as a legacy of the Kuomintang regime most cities include and administrate severalcounties and therefore the de facto bureaucratic system in China ndash according to which bothofficial unions and governments are structured ndash actually has four levels ie the provincial levelthe city level the countydistrict level and the township level

[4] We admit the possibility that the growing trend may be partially because of a betterdocumentation system now than before

Ccopy 2016 The International Association for Chinese Management Research

184 S Kuruvilla and H Zhang

REFERENCES

Bandurski D 2008 Taxi strikes in China highlight changing press controls China Media Project[Cited 31 March 2015] Available from URL httpcmphkuhk200811121344

Blecher M 1991 Development state entrepreneurial state The political economy of socialist reformin Xinji Municipality and Guanghan County In G White (Ed) The Chinese state in theera of economic reform The road to crisis 265ndash294 Basingstoke Macmillan

Blecher M amp Shue V 1996 Tethered deer Government and economy in a Chinese countyStanford CA Stanford University Press

Brown R 2006 Chinarsquos collective contract provisions Can collective negotiations embody collectivebargaining Duke Journal of Comparative and International Law 35 35ndash77

Cai F 2007 Zhongguo jingji mianlin de zhuanzhe jiqi dui fazhan he gaige de tiaozhan (The turningpoint faced by the Chinese economy and the challenge it presents to development and reform)Zhongguo Shehui Kexue (Social Sciences in China) 2007(3) 4ndash12

Chan A 1993 Revolution or corporatism Workers and trade unions in post-Mao China TheAustralian Journal of Chinese Affairs 29 31ndash61

Chan A 2009 Challenges and possibilities for democratic grassroots union elections in China Acase study of two factory-level elections and their aftermath Labor Studies Journal 34(3)293ndash317

Chan C K C amp Hui E S I 2014 The development of collective bargaining in China Fromlsquocollective bargaining by riotrsquo to lsquoparty state-led wage bargainingrsquo The China Quarterly217(1) 221ndash242

Chan K W 2010 A China paradox Migrant labor shortage amidst rural labor supply abundanceEurasian Geography and Economics 51(4) 513ndash530

Chang K 2013 Laogong guanxi jitihua zhuanxing yu zhengfu laogong zhengce de wanshan (Thecollective transformation of industrial relations and improvement of labor policies) ZhongguoShehui Kexue (Social Sciences in China) 2013(6) 91ndash108

Chen F 2003 Between the state and labour The conflict of Chinese trade unionsrsquo double identityin market reform The China Quarterly 176 1006ndash1028

Chen F 2007 Individual rights and collective rights Laborrsquos predicament in China Communistand Post-Communist Studies 40(1) 59ndash79

Chen F 2010 Trade unions and the quadripartite interactions in strike settlement in China TheChina Quarterly 201 104ndash124

Chu Y W 1998 Labor and democratization in South Korea and Taiwan Journal ofContemporary Asia 28(2) 185ndash202

Clarke S Lee C amp Li Q 2004 Collective consultation and industrial relations in China BritishJournal of Industrial Relations 42(2) 235ndash254

Deyo F C 1987 State and labor Modes of political exclusion in the East Asian development InF C Deyo (Ed) The political economy of the new Asian industrialism Ithaca NYCornell University Press

Eastmoney 2010 Zhixuan gonghui zhihou (After the direct election of the union)[Cited 14 September 2013] Available from URL httpmoneyeastmoneycomnews158320120918251427566html

Eisenhardt K 1989 Building theories from case study research Academy of ManagementReview 14(4) 532ndash550

Elfstrom M amp Kuruvilla S 2014 The changing nature of labor unrest in China Industrial andLabor Relations Review 67(2) 453ndash480

Frenkel S amp Kuruvilla S 2002 Logics of action globalization and changing employment relationsin China India Malaysia and the Philippines Industrial and Labor Relations Review55(3) 387ndash412

Friedman E D 2014a Insurgency trap Labor politics in postsocialist China Ithaca NYCornell University Press

Friedman E D 2014b Economic development and sectoral unions in China Industrial andLabor Relations Review 67(2) 481ndash503

Friedmand E D amp Kuruvilla S 2015 Experimentation and decentralization in Chinese industrialrelations Human Relations 68(2) 181ndash195

Friedman E amp Lee C K 2010 Remaking the world of Chinese labour A 30-year retrospectiveBritish Journal of Industrial Relations 48(3) 507ndash533

Ccopy 2016 The International Association for Chinese Management Research

Labor Unrest and Collective Bargaining 185

Gallagher M E 2005 Contagious capitalism Globalization and the politics of labor inChina Princeton Princeton University Press

Gallagher M E 2010 lsquoWe are not machinesrsquo Teen spirit on Chinarsquos shopfloor China Beat [Cited31 March 2015] Available from URL httpwwwthechinabeatorgp=2538

Gallagher M E amp Dong B 2011 Legislating harmony Labor law reform in contemporaryChina In S Kuruvilla C K Lee amp M E Gallagher (Eds) From iron rice bowl toinformalization Markets workers and the state in a changing China Ch3 IthacaNY Cornell University Press

Gallagher M E 2014 Chinarsquos workers movement and the end of the rapid-growth era Daedalus143(2) 81ndash95

Gould W B 1984 Japanrsquos reshaping of American labor law Cambridge MA MIT PressHashimoto M 1991 The industrial relations system in Japan An interpretation and policy

implications Managerial and Decision Economics 12 147ndash157Howell J A 2006 Reflections on the Chinese state Development and Change 37 273ndash

297Howell J A 2008 All-China Federation of Trades Unions beyond reform The slow march of direct

elections The China Quarterly 196 845ndash863Hu Y 2011 Shenme shi jiti hetong lsquoCaihong Jihuarsquo (What is the collective contract lsquoRainbow Planrsquo)

[Cited 14 September 2013] Available from URL httpwwwhaishang-lawcomArticlezhuanyeyanjiulaodongjiufen2011046155html

Hui E S I 2011 Understanding labour activism The Honda workersrsquo strike In C Scherrer (Ed)Chinarsquos labor questions Ch3 Munchen Mering Germang Rainer Hampp

Hui E S I amp Chan C K C 2014 Beyond the union-centered approach A critical evaluation ofrecent trade union elections in China British Journal of Industrial Relations

Katz H amp Darbishire O 2002 Converging divergences Worldwide changes inemployment systems Ithaca NY Cornell University Press

Katz H C Kochan T A amp Colvin A J S 2014 Labor relations in a global world Anintroduction focused on emerging countries Ithaca NY Cornell University Press

Lee C H 2011 Between the hierarchy and market Emerging mezzo-corporatistindustrial relations in China Unpublished manuscript

Lee C K 2007 Against the law Labor protests in Chinarsquos Rustbelt and Sunbelt BerkeleyUniversity of California Press

Liu M 2010 Union organizing in China Still a monolithic labor movement Industrial andLabor Relations Review 64(1) 30ndash52

Luo S 2011 Collective contracts but no collective bargaining In C Scherrer (Ed) Chinarsquos laborquestions Ch3 Munchen Mering Germang Rainer Hampp

Luthje B 2012 Diverging trajectories Economic rebalancing and labor policiesin China East-West Center Working Paper No 23 [Cited 31 March 2015] Avail-able from URL httpwwweastwestcenterorgpublicationsdiverging-trajectories-economic-rebalancing-and-labor-policies-china

Luthje B Luo S amp Zhang H 2013 Beyond the Iron Rice Bowl Regimes of productionand industrial relations in China Frankfurt amp New York Campus

McAdam D 1999 Political process and the development of Black Insurgency 1930ndash19702nd ed Chicago and London The University of Chicago Press

McDermott E P 2010 Industrial relations in China Ball of Confusion In K Townsend ampA Wilkinson (Eds) Research handbook on work and employment relations Ch16United Kingdom Edward Elgar Publishing

Meng Q 2012 Tanpan youxi zhong de lsquoshuoherenrsquo Yi DLDA qu wei li (The lsquomediatorrsquo in thebargaining game A case of DLDA) Qinghua Shehuixue Pinglun (Tsinghua SociologicalReview) 6 206ndash222

Meng Q Lu J Lei X Wang R amp Chang C 2011 2010 Zhongguo bagongchaodiaocha yu fenxi baogao (Report on the 2010 strike wave in China) Unpublishedmanuscript

OECD 2013 Protecting jobs enhancing flexibility A new look at employment protectionlegislation In OECD Employment Outlook Ch2 [Cited 31 March 2015] Available from URLhttpdxdoiorg101787empl_outlook-2013-en

Oi J 1995 The role of the local state in Chinarsquos transitional Economy The China Quarterly 1441132ndash1149

Ccopy 2016 The International Association for Chinese Management Research

186 S Kuruvilla and H Zhang

Peng M amp Du Q 2010 Quanzong guli tansuo gonghui zhuxi zhixuan (The ACFTUencourages direct elections of union chairs) [Cited 14 September 2013] Available fromURL httpepaperoeeeecomAhtml2010-0911content_1175401htm

Pan P P 2009 Out of Maorsquos shadow The struggle for the soul of a new China New YorkSimon amp Schuster

Rapoza K 2011 In coastal China a labor shortage Forbes [Cited 31 March2015] Available from URL httpwwwforbescomsiteskenrapoza20111220in-coastal-china-a-labor-shortage

Silver B J amp Zhang L 2009 China as an emerging epicenter of world labor unrest In H-F Hung(Ed) China and the transformation of global capitalism Baltimore Johns HopkinsUniversity Press

Stockmann D amp Gallagher M E 2011 Remote control How the media sustain authoritarian rulein China Comparative Political Studies 44(4) 436ndash467

Taylor B Chang K amp Li Q 2003 Industrial relations in China Cheltenham Edward ElgarTaylor B amp Li Q 2007 Is the ACFTU a union and does it matter Journal of Industrial

Relations 49(5) 701ndash715Taylor B amp Li Q 2010 Chinarsquos creative approach to lsquounionrsquo organizing Labor History 51(3)

411ndash428Tarrow S 1998 Power in movement Social movements and contentious politics New

York Cambridge University PressThe China Post 2012 China eyes 13 minimum wage rise in 5 years [Cited 31 March

2015] Available from URL httpwwwchinapostcomtwbusinessasia-china20120209331042China-eyeshtm

The Economist 2012 A dangerous year Unrest in China [Cited 31 March 2015] Available fromURL httpwwweconomistcomnode21543477

Unger J 2002 The transformation of rural China Armonk NY M E SharpeUnger J amp Chan A 1995 China corporatism and the East Asian model The Australian Journal

of Chinese Affairs 1995 29ndash53Venn D 2009 Legislation collective bargaining and enforcement Updating the OECD

employment protection indicators [Cited 31 March 2015] Available from URLhttpwwwoecdorgemploymentemp43116624pdf

Wang Z 2012 More workers staying near home China Daily [Cited 31 March 2015] Available fromURL httpwwwchinadailycomcnchina2012-0428content15166329htm

Warner M amp Ng S H 1999 Collective contracts in Chinese enterprises A new brand of collectivebargaining under lsquomarket Socialismrsquo British Journal of Industrial Relations 37(2) 295ndash314

Webb S amp Webb B 1897 Industrial democracy London New York amp Bombay LongmansGreen amp Co

Wen X amp Lin K 2015 Reconstituting industrial relations The experience of Wenling Journalof Contemporary China 24(94) 665ndash683

Wen X 2013 Gonghui zhixuan Guangdong shijian de jingyan yu jiaoxun (Union directelection Lessons from Guangdong) Paper presented at the 6th Annual Congress ofChina Labor Relations Association of the China Human Resource Development AssociationGuangzhou November 2013

Weston T B 2004 The iron man weeps Joblessness and political legitimacy in the Chinese rustbelt In P H Gries amp S Rosen (Eds) State and society in 21st century China Crisiscontention and legitimation 67ndash86 New York RoutledgeCurzon

Wu Q 2012 Jiti xieshang yu guojia zhudao xiade laodong guanxi zhili (Collective negotiationand state-oriented labor relations governance) Shehuixue Yanjiu (Sociological Studies)2012(3) 66ndash89

Xie Y amp Guo Y 2011 Zhongguo shi gongzi jiti xieshang moshi tansuo Wuhan shi canyin hangyegongzi jiti xieshang diaocha (A survey of collective consultation on wages in the catering industryin Wuhan) Zhongguo Laodong Guanxi Xueyuan Xuebao (Journal of China Instituteof Industrial Relations) 25(6) 54ndash58

Xie Y Chen J Chen P amp Xiao Q 2012 Zhongguo hangye gongzi jiti xieshang xiaoguode shizheng fenxi Yi Wuhan canyin hangye weili (An empirical analysis of industrialbargaining outcomes in China An example from the Wuhan restaurant and catering industry)Jingji Shehui Tizhi Bijiao (Comparative Economic and Social Systems) 2012(5)55ndash67

Ccopy 2016 The International Association for Chinese Management Research

Labor Unrest and Collective Bargaining 187

Xu X 2005 lsquoZiran zhuangtairsquo de gongzi jiti xieshang Zhongguo nanfang mouzhen yangmaoshanhangye gongzi jiti xieshang (Collective consultation and discussion on the wages under thelsquonatural conditionrsquo) Tianjin Gonghui Guanli Ganbu Xueyuan Xuebao (Journal ofTianjin Trade Union Administratorsrsquo College) 13(3) 29ndash32

Zhang H 2014 Informality in Chinarsquos collective bargaining Unpublished Masters thesisCornell University Ithaca NY

Zhang J amp Shi Y 2012 Guanyu hangye jiti xieshang qingkuang de diaocha baogao (Survey onindustrial collective negotiation) Zhongguo Laodong Guanxi Xueyuan Xuebao (Journalof China Institute of Industrial Relations) 26(4) 51ndash57

Sarosh Kuruvilla (sck4cornelledu) is Professor of Industrial RelationsAsian Studies and Public Affairs at Cornell University and Visiting Professor atthe London School of Economics His research focuses on the linkage betweeneconomic development strategies and labor and human resources policies Hehas published numerous articles and 3 books on various aspects of labor relationsin Asia He is currently researching collective bargaining in ChinaHao Zhang (hz256cornelledu) is a PhD student at Cornell UniversityrsquosSchool of Industrial and Labor Relations His primary research focus is laborand employment relations with special attention to China And he has ongoinginterests in globalization development political economy skill formationproduction and work

Manuscript received September 18 2014Final version accepted September 28 2015 (number of revisions ndash 2)Accepted by Editor-in-Chief Arie Lewin

Ccopy 2016 The International Association for Chinese Management Research

  • INTRODUCTION
  • THEORETICAL PERSPECTIVES
    • Worker Militancy
    • State Promotion of Collective Bargaining
    • Variations in Collective Bargaining
    • The Future of Collective Bargaining
      • METHODOLOGY
      • RESULTS
        • Strikes
        • Collective Bargaining
        • Emerging Variation Varieties of Collective Bargaining in China
          • DISCUSSION
            • Moving across Quadrants The Future of Collective Bargaining and The Roles of Unions and Employers
              • CONCLUSION
              • NOTES
              • REFERENCES

178 S Kuruvilla and H Zhang

agreement nor was it clear that the agreement was enforced Similar efforts arealso identified in Tianjinrsquos construction industry as well as in other regions in Wursquos(2012) research

While we need more cases to draw firmer conclusions thus far what is clear isthat many of these industry-wide agreements are either formalistic or have shownthemselves to be ineffective and not institutionalized Similar to that of decentralizedand formalistic bargaining the reasons for ineffectiveness at this level include theunionrsquos focus on formalistic terms the absence of strict enforcement and oftenworker ignorance of the terms of the agreement or that they were represented bya union (a frequent issue when union representatives are not directly elected) (Wu2012) A classic example here is Friedmanrsquos (2014b) study of sectoral bargainingin Ruirsquoan eyeglass cluster in Zhejiang Province where workers interviewed indeedknew nothing about the industry level contract that covered them Probably thebest-known case of failure of enforcement of collective bargaining can be foundin Wuhan where the local government in a top-down process initiated sectoralnegotiations in 2011 in the restaurant industry Although the sectoral contract hasset wage terms for over 450000 workers from 40000 different establishments in2011 (Xie amp Guo 2011) and has been renegotiated successfully over the last threeyears which has been well covered by mass media recent research (Xie ChenChen amp Xiao 2012) shows that only 569 of employees surveyed were receivingthe wages stipulated in the contract

Despite these issues the ACFTU continues to focus on building collectivebargaining institutions at the industry and regional levels In Guangzhou forinstance the official union has organized the construction industry although nocollective bargaining has been successfully achieved (Friedman 2014b) In additionunion organizing by region has also been identified in areas with clusters of smallbusinesses such as community unions village union associations market unionsoffice building unions and union associations by ownership in development zones(Liu 2010) But we are skeptical of the prospects for institutionalization of collectivebargaining at the regional level given the heterogeneity in industries and firms ina region and given that often workers are not aware of the agreement nor do theyelect their representatives

Quadrant 4 Centralized authentic collective bargaining There are a few instances ofcentralized sectoral bargaining that qualify as authentic Unlike the previousexamples where it was either the local government or the ACFTU that was theprimary engine behind the development of collective bargaining in the case ofWenling the employers were the ones who initiated the project Wenling a town inZhejiang Province contains a knitwear cluster with more than 130 firms employingabout 12000 workers in 2002 In this case employers began spontaneous wagecoordination in an effort to deal with the rising turnover as a result of whatwas an acute labor shortage (Xu 2005) They formed an employer association in2000 and institutionalized wage coordination amongst themselves although not all

Ccopy 2016 The International Association for Chinese Management Research

Labor Unrest and Collective Bargaining 179

employers came on board By 2003 the local government stepped in establishingan industrial union which ultimately signed an industry-wide agreement with theemployer association (Wen amp Lin 2015) That contract has been renegotiated everyyear since and is stable although it overwhelmingly focuses on the piece-rates andnot other working conditions Moreover it is a clear case of relatively authenticcollective bargaining arrangement in terms of how well the contract is enforcedThe second author interviewed workers in the industry in 2013 and found that thepiece-rates that were used to pay them was higher than or equal to those stipulatedin the contract

The Wenling model is being increasingly diffused to other areas In all 15industries ndash including the pump sector in a town named Zeguo (Liu 2010) ndashhave carried out similar bargaining by 2012 covering roughly 6100 enterprisesand 400000 workers (Zhang amp Shi 2012) There are reports of cases developingin other textile and garment (Luthje Luo amp Zhang 2013 269) as well as othermanufacturing clusters (Lee 2011) The commonalities across these lsquosuccessfulcasesrsquo is that they are negotiating about the piece-rate at the industry level andwage coordination was welcomed by small and medium-sized firms in order toreduce turnover in a labor shortage situation Therefore success seems to be in partdetermined by employer interest and readiness for collective bargaining as well

DISCUSSION

Moving across Quadrants The Future of Collective Bargaining andThe Roles of Unions and Employers

While the above taxonomy presents a static picture of the varieties of collectivebargaining in China it is important to incorporate a dynamic element specificallywhat makes it possible to move from inauthentic to more authentic collectivebargaining and how might decentralized bargaining connect with more centralizedstructures to create more worker solidarity

How might we expect movement from inauthentic to more authentic bargainingat the firm level (ie from Quadrant 1 to Quadrant 2) Certainly as discussedearlier strikes could trigger such a movement But there are other ways as wellOne strategy recently adopted in Guangzhou and Shenzhen is the grassroots unionelection (namely direct election for grassroots trade union cadres [gonghui zhixuan])When workers are able to elect their own representatives rather than having unionleaders decided by the regional official union or the enterprise it builds the localunionsrsquo autonomy and independence and is one necessary step for the growth ofauthentic bargaining This focus on direct election is growing For instance theShenzhen Federation of Trade Unions announced in 2012 that 163 enterpriseswith more than 1000 employees would all adopt direct election (Eastmoney 2012)The second authorrsquos interview with a key informant involved in Shenzhenrsquos unionelection revealed that approximately 1000 out of the 30000 enterprise unions

Ccopy 2016 The International Association for Chinese Management Research

180 S Kuruvilla and H Zhang

in Shenzhen had lsquocarried out or reached the level of direct union election (dadao

zhixuan shuiping)rsquo by August 2011 In Guangzhou Peng amp Du (2010) report thatseveral hundred of the over 50000 firm unions had been directly elected by 2010The case of direct union elections in Omron (Shenzhen) has been documented inWen (2013) and Hui amp Chanrsquos (2014) work Yet we need more research to properlyevaluate how these elections are conducted

Although the efficacy of direct union elections has been debated (some argue thatthese elections were manipulated by employers or local officials others questionthe degree to which these will be institutionalized in todayrsquos political climate inChina and some suggest that there is rising opposition to direct elections fromboth employers and the state (Chan 2009 Howell 2008 Wen 2013) the availableevidence (Hui amp Chan 2014 Wen 2013) and more recent first hand evidence fromour research in Guangzhoursquos auto industry suggests that thus far democratic unionelections facilitates collective bargaining with real negotiation between workers andemployers including some conflictual negotiations that result in real rather thanformalistic outcomes and hence are more authentic

Movement from Quadrant 3 to 4 (ie from less authentic to more authenticbargaining at the centralized level) appears possible when employers take the firststep in coordinating through employer associations and when the local governmentdirectly intervenes to create industry wide settlements as suggested by the Wenlingmodel However given the lack of a real connection between unions at this leveland the workers they represent and the heterogeneous workplaces that makedirect election of representatives more difficult we are not convinced that such amovement is imminent In addition there are a number of implementation andenforcement failures such as in the case of the restaurant industry in Wuhan thatsuggest the difficulty of achieving meaningful collective bargaining coverage for anentire regional industry

There is some evidence of increased coordination between decentralized andcentralized levels Zhang (2014) finds evidence of links between industry wagestructures and firm level bargaining in a circumstance when lead and supplierfirms belonging to the same value chain in the local labor market are involvedThis indicates some degree of dynamism distinct from the mostly static pictureimplied by our classification This movement of informal coordination appearssimilar to those practices in the West especially in Europe although perhaps it isat a more incipient stage here As Chinese employers in a cluster or industry beginto build better institutional structures to facilitate coordination that will stimulatea similar movement amongst workers and unions and thereby promote industrywide bargaining as well as firm level bargaining

CONCLUSION

In this paper we examine the growth of strikes and collective bargaining in ChinaUsing McAdamrsquos political process model we argued that Chinese workers are

Ccopy 2016 The International Association for Chinese Management Research

Labor Unrest and Collective Bargaining 181

striking more and proactively after 2008 The Chinese state has encouraged thegrowth of collective bargaining although its motivations for doing so could beattributed to different interests such as providing a mechanism to resolve laborconflict or to increase wages in its effort to lsquorebalancersquo the economy a necessarycondition to avoid the middle income trap We argued further that we wouldexpect to see considerable variation in collective bargaining based on the differentialinterests of central and local states who are enjoying more autonomy than theydid in the past And our analysis of the official union (ACFTU) and the crises ofidentity and legitimacy that it faces led us to expect that collective bargaining willbe predominantly inauthentic

The evidence largely supports our expectations Chinese workers are clearlystriking more after 2008 and the numbers of strikes from two different sets of datashow steady increases Collective bargaining has also grown sharply after 2008 butthe key agent charged with the responsibility of increasing bargaining coverage (theACFTU) tends to view it generally as a bureaucratic exercise Hence our findingthat much of the incipient collective bargaining in China hews to the inauthenticside of the continuum We also find considerable variation however in collectivebargaining This variation is attributable to the willingness of the state to allowexperimentation and it would appear that different industrial relations actors ielocal labor bureaucracies local employers and local unions exercise considerablefreedom to develop particular structures

While our taxonomy presents a static picture of collective bargaining in Chinatoday we also highlight how it may change in the future under the presentinstitutional structure We have identified several conditions that are necessary forbargaining arrangements to move towards greater authenticity Specifically eventhough the Chinese state is unlikely to permit workers to affiliate with unions of theirchoice reforms within the ACFTU that move it in the direction of increasing itsrepresentative function is one avenue for change An amendment to the GuangdongProvincial Regulation on Collective Contracts for Enterprises is in our view onepathway to more authentic bargaining The regulation is detailed covering notonly the content and subject matter of collective bargaining but includes extensiveprovisions regarding various aspects of collective negotiations Most crucially theregulation specifies clearly that lsquonegotiation representatives of the employees of thefirm must either be selected by the trade union or democratically elected by thestaff and workersrsquo ndash the first time that democratic elections have been specified inany provincial legislation regarding collective bargaining

However despite the growth and variation that we see and despite the promiseimplicit in the Guangdong regulations overall our paper suggests that collectivebargaining in China is at a very incipient stage At this point in 2015 our initialanalyses would suggest that the institution of collective bargaining in China is moreeffective at increasing wages thereby meeting the statersquos interest in rebalancing theeconomy and less effective in meeting the statersquos alternative interest ie representingworkers adequately so as to reduce industrial conflict

Ccopy 2016 The International Association for Chinese Management Research

182 S Kuruvilla and H Zhang

Under what conditions could collective bargaining meet the statersquos alternativeinterest This requires that Chinese unions overcome their problems of identity andlegitimacy A necessary condition is that the state must be willing to provide theunions with more independence What might bring this about The state wouldbe willing to do so if the legitimacy of the CCP is under threat And that couldhappen if industrial conflict and labor exploitation continue to increase despite thenew laws and union activity

However recent decisions suggest that the state has elected to follow an alternativeapproach of improving bargaining effectiveness with more centralization ratherthan providing local union autonomy In 2014 the ACFTU introduced a newfive-year plan (2014ndash2018) to promote collective bargaining Simultaneously inorder to improve collective bargaining effectiveness the ACFTU has adoptednew guidelines to its locals These include the notion that 100 of the workerscovered under CB should be aware of the bargaining and have provided themwith relatively centralized formats that would permit aggregation of data onwages More importantly in May 2015 the central government and CCP releasedlsquoSuggestions for Establishing Harmonious Labor Relationsrsquo ndash the first time thatharmonious labor relations were promoted at the central level in a special documentThese actions suggest that the CCP has acknowledged the shortcomings of thecurrent collective bargaining system (ie poor implementation poor quality ofagreements and the ACFTUs general inability to represent workers) and thethreat of continued industrial conflict to its own legitimacy but is still leery ofproviding local unions and workers with more autonomy that might result in thesuccessful institutionalization of bargaining

How does the development of Chinese unions and collective bargaininginstitutions compare with other Asian nations We might look to both Taiwanand South Korea for parallels Japan however is less comparable because thepost-war development of both unions and collective bargaining developed intandem with democratization (Gould 1984) and was led by employers whointroduced the famous pillars of lifetime employment seniority based wages andenterprise unions in search of labor stability (Hashimoto 1991) In both Koreaand Taiwan however the export oriented industrialization regimes adopted byauthoritarian governments entailed a high degree of control of labor Ratherlike China today Taiwanrsquos policies then required the unions to be affiliated toone central federation (the Chinese Federation of Labor) which was controlled bythe Kuomintang regime (Deyo 1987) Korea adopted a similar approach with thecreation of the Federation of Korean Trade Unions created by the governmentHowever in contrast to Taiwan (where the workforce was mostly composed oflabor working in agriculture and small scale industries) Korearsquos labor movementeven under authoritarian governments developed a stronger working class identityDeyo (1987) and Chu (1998) argue due to the tradition of nationalist mobilizationagainst the Japanese occupation large sized firms involved in heavy industries andhigh industry concentration Both countries democratized in the late 1980s Given

Ccopy 2016 The International Association for Chinese Management Research

Labor Unrest and Collective Bargaining 183

their historical weakness the labor movement in Taiwan did not play a major rolein the democratization processes unlike the Korean labor movement which was acentral player in the process in Korea Consequently post democratization Koreanunions aggressively demonstrated their power through waves of strikes (Chu 1998)that resulted in the formal institutionalization of a new industrial relations regimealong pluralist lines Taiwanrsquos labor movement given its historical weakness did notassert themselves as strongly after democratization although a new labor relationsregime developed thereafter Thus although there was broad similarity in termsof state control of labor in Korea Taiwan and China that similarity ended in the1980s upon democratization in Korea and Taiwan The Chinese labor movementstill remains under state control and the future evolution of both labor unions andcollective bargaining is as we have argued earlier in this paper dependent on CCPrsquosstrategies

Having developed a lsquobaselinersquo taxonomy of collective bargaining how mightfuture research advance our knowledge about collective bargaining in China Mostimportantly we need research (detailed case studies) on how collective bargainingis conducted in different parts of China As Friedman and Kuruvilla (2014) haveargued there is much experimentation and decentralization and more empiricalevidence of these processes are clearly necessary in order to evaluate what worksbest in which locations and why We specifically need more case studies ofauthentic bargaining Second we need analyses of collective bargaining contracts(on both a national and regional scale) in order to determine which are the keyissues of contention between management and labor and how they are changingovertime More research on the various experiments regarding union electionsand the impact of these on bargaining processes and outcomes is a key need aswell Thus there are plenty of opportunities for cutting edge research in collectivebargaining in China and we hope that Chinese management scholars would answerthis call for research into a crucial national human resource issue

NOTES

We thank Manfred Elfstrom and Eli Friedman for comments on an earlier version of this article andthe faculty at Renmin University School of Labor and Human Resources for hosting us[1] There have been various administrative provisions for collective negotiations since 1994 but

legal backing was only granted via the Labor Contract Law beginning in January 2008[2] According to the National Bureau of Statistics (NBS) the term lsquoenterprises above designated

sizersquo points to those industrial legal person enterprises whose yearly main business incomes equalto or are more than 5 million yuan (2009)

[3] The political geography in China divides the country into three levels of bureaucracies below thenational level namely the provincial level the citycounty level and the township level (Note thata village government is not an official bureaucracy but a villagersrsquo self-management organization)However as a legacy of the Kuomintang regime most cities include and administrate severalcounties and therefore the de facto bureaucratic system in China ndash according to which bothofficial unions and governments are structured ndash actually has four levels ie the provincial levelthe city level the countydistrict level and the township level

[4] We admit the possibility that the growing trend may be partially because of a betterdocumentation system now than before

Ccopy 2016 The International Association for Chinese Management Research

184 S Kuruvilla and H Zhang

REFERENCES

Bandurski D 2008 Taxi strikes in China highlight changing press controls China Media Project[Cited 31 March 2015] Available from URL httpcmphkuhk200811121344

Blecher M 1991 Development state entrepreneurial state The political economy of socialist reformin Xinji Municipality and Guanghan County In G White (Ed) The Chinese state in theera of economic reform The road to crisis 265ndash294 Basingstoke Macmillan

Blecher M amp Shue V 1996 Tethered deer Government and economy in a Chinese countyStanford CA Stanford University Press

Brown R 2006 Chinarsquos collective contract provisions Can collective negotiations embody collectivebargaining Duke Journal of Comparative and International Law 35 35ndash77

Cai F 2007 Zhongguo jingji mianlin de zhuanzhe jiqi dui fazhan he gaige de tiaozhan (The turningpoint faced by the Chinese economy and the challenge it presents to development and reform)Zhongguo Shehui Kexue (Social Sciences in China) 2007(3) 4ndash12

Chan A 1993 Revolution or corporatism Workers and trade unions in post-Mao China TheAustralian Journal of Chinese Affairs 29 31ndash61

Chan A 2009 Challenges and possibilities for democratic grassroots union elections in China Acase study of two factory-level elections and their aftermath Labor Studies Journal 34(3)293ndash317

Chan C K C amp Hui E S I 2014 The development of collective bargaining in China Fromlsquocollective bargaining by riotrsquo to lsquoparty state-led wage bargainingrsquo The China Quarterly217(1) 221ndash242

Chan K W 2010 A China paradox Migrant labor shortage amidst rural labor supply abundanceEurasian Geography and Economics 51(4) 513ndash530

Chang K 2013 Laogong guanxi jitihua zhuanxing yu zhengfu laogong zhengce de wanshan (Thecollective transformation of industrial relations and improvement of labor policies) ZhongguoShehui Kexue (Social Sciences in China) 2013(6) 91ndash108

Chen F 2003 Between the state and labour The conflict of Chinese trade unionsrsquo double identityin market reform The China Quarterly 176 1006ndash1028

Chen F 2007 Individual rights and collective rights Laborrsquos predicament in China Communistand Post-Communist Studies 40(1) 59ndash79

Chen F 2010 Trade unions and the quadripartite interactions in strike settlement in China TheChina Quarterly 201 104ndash124

Chu Y W 1998 Labor and democratization in South Korea and Taiwan Journal ofContemporary Asia 28(2) 185ndash202

Clarke S Lee C amp Li Q 2004 Collective consultation and industrial relations in China BritishJournal of Industrial Relations 42(2) 235ndash254

Deyo F C 1987 State and labor Modes of political exclusion in the East Asian development InF C Deyo (Ed) The political economy of the new Asian industrialism Ithaca NYCornell University Press

Eastmoney 2010 Zhixuan gonghui zhihou (After the direct election of the union)[Cited 14 September 2013] Available from URL httpmoneyeastmoneycomnews158320120918251427566html

Eisenhardt K 1989 Building theories from case study research Academy of ManagementReview 14(4) 532ndash550

Elfstrom M amp Kuruvilla S 2014 The changing nature of labor unrest in China Industrial andLabor Relations Review 67(2) 453ndash480

Frenkel S amp Kuruvilla S 2002 Logics of action globalization and changing employment relationsin China India Malaysia and the Philippines Industrial and Labor Relations Review55(3) 387ndash412

Friedman E D 2014a Insurgency trap Labor politics in postsocialist China Ithaca NYCornell University Press

Friedman E D 2014b Economic development and sectoral unions in China Industrial andLabor Relations Review 67(2) 481ndash503

Friedmand E D amp Kuruvilla S 2015 Experimentation and decentralization in Chinese industrialrelations Human Relations 68(2) 181ndash195

Friedman E amp Lee C K 2010 Remaking the world of Chinese labour A 30-year retrospectiveBritish Journal of Industrial Relations 48(3) 507ndash533

Ccopy 2016 The International Association for Chinese Management Research

Labor Unrest and Collective Bargaining 185

Gallagher M E 2005 Contagious capitalism Globalization and the politics of labor inChina Princeton Princeton University Press

Gallagher M E 2010 lsquoWe are not machinesrsquo Teen spirit on Chinarsquos shopfloor China Beat [Cited31 March 2015] Available from URL httpwwwthechinabeatorgp=2538

Gallagher M E amp Dong B 2011 Legislating harmony Labor law reform in contemporaryChina In S Kuruvilla C K Lee amp M E Gallagher (Eds) From iron rice bowl toinformalization Markets workers and the state in a changing China Ch3 IthacaNY Cornell University Press

Gallagher M E 2014 Chinarsquos workers movement and the end of the rapid-growth era Daedalus143(2) 81ndash95

Gould W B 1984 Japanrsquos reshaping of American labor law Cambridge MA MIT PressHashimoto M 1991 The industrial relations system in Japan An interpretation and policy

implications Managerial and Decision Economics 12 147ndash157Howell J A 2006 Reflections on the Chinese state Development and Change 37 273ndash

297Howell J A 2008 All-China Federation of Trades Unions beyond reform The slow march of direct

elections The China Quarterly 196 845ndash863Hu Y 2011 Shenme shi jiti hetong lsquoCaihong Jihuarsquo (What is the collective contract lsquoRainbow Planrsquo)

[Cited 14 September 2013] Available from URL httpwwwhaishang-lawcomArticlezhuanyeyanjiulaodongjiufen2011046155html

Hui E S I 2011 Understanding labour activism The Honda workersrsquo strike In C Scherrer (Ed)Chinarsquos labor questions Ch3 Munchen Mering Germang Rainer Hampp

Hui E S I amp Chan C K C 2014 Beyond the union-centered approach A critical evaluation ofrecent trade union elections in China British Journal of Industrial Relations

Katz H amp Darbishire O 2002 Converging divergences Worldwide changes inemployment systems Ithaca NY Cornell University Press

Katz H C Kochan T A amp Colvin A J S 2014 Labor relations in a global world Anintroduction focused on emerging countries Ithaca NY Cornell University Press

Lee C H 2011 Between the hierarchy and market Emerging mezzo-corporatistindustrial relations in China Unpublished manuscript

Lee C K 2007 Against the law Labor protests in Chinarsquos Rustbelt and Sunbelt BerkeleyUniversity of California Press

Liu M 2010 Union organizing in China Still a monolithic labor movement Industrial andLabor Relations Review 64(1) 30ndash52

Luo S 2011 Collective contracts but no collective bargaining In C Scherrer (Ed) Chinarsquos laborquestions Ch3 Munchen Mering Germang Rainer Hampp

Luthje B 2012 Diverging trajectories Economic rebalancing and labor policiesin China East-West Center Working Paper No 23 [Cited 31 March 2015] Avail-able from URL httpwwweastwestcenterorgpublicationsdiverging-trajectories-economic-rebalancing-and-labor-policies-china

Luthje B Luo S amp Zhang H 2013 Beyond the Iron Rice Bowl Regimes of productionand industrial relations in China Frankfurt amp New York Campus

McAdam D 1999 Political process and the development of Black Insurgency 1930ndash19702nd ed Chicago and London The University of Chicago Press

McDermott E P 2010 Industrial relations in China Ball of Confusion In K Townsend ampA Wilkinson (Eds) Research handbook on work and employment relations Ch16United Kingdom Edward Elgar Publishing

Meng Q 2012 Tanpan youxi zhong de lsquoshuoherenrsquo Yi DLDA qu wei li (The lsquomediatorrsquo in thebargaining game A case of DLDA) Qinghua Shehuixue Pinglun (Tsinghua SociologicalReview) 6 206ndash222

Meng Q Lu J Lei X Wang R amp Chang C 2011 2010 Zhongguo bagongchaodiaocha yu fenxi baogao (Report on the 2010 strike wave in China) Unpublishedmanuscript

OECD 2013 Protecting jobs enhancing flexibility A new look at employment protectionlegislation In OECD Employment Outlook Ch2 [Cited 31 March 2015] Available from URLhttpdxdoiorg101787empl_outlook-2013-en

Oi J 1995 The role of the local state in Chinarsquos transitional Economy The China Quarterly 1441132ndash1149

Ccopy 2016 The International Association for Chinese Management Research

186 S Kuruvilla and H Zhang

Peng M amp Du Q 2010 Quanzong guli tansuo gonghui zhuxi zhixuan (The ACFTUencourages direct elections of union chairs) [Cited 14 September 2013] Available fromURL httpepaperoeeeecomAhtml2010-0911content_1175401htm

Pan P P 2009 Out of Maorsquos shadow The struggle for the soul of a new China New YorkSimon amp Schuster

Rapoza K 2011 In coastal China a labor shortage Forbes [Cited 31 March2015] Available from URL httpwwwforbescomsiteskenrapoza20111220in-coastal-china-a-labor-shortage

Silver B J amp Zhang L 2009 China as an emerging epicenter of world labor unrest In H-F Hung(Ed) China and the transformation of global capitalism Baltimore Johns HopkinsUniversity Press

Stockmann D amp Gallagher M E 2011 Remote control How the media sustain authoritarian rulein China Comparative Political Studies 44(4) 436ndash467

Taylor B Chang K amp Li Q 2003 Industrial relations in China Cheltenham Edward ElgarTaylor B amp Li Q 2007 Is the ACFTU a union and does it matter Journal of Industrial

Relations 49(5) 701ndash715Taylor B amp Li Q 2010 Chinarsquos creative approach to lsquounionrsquo organizing Labor History 51(3)

411ndash428Tarrow S 1998 Power in movement Social movements and contentious politics New

York Cambridge University PressThe China Post 2012 China eyes 13 minimum wage rise in 5 years [Cited 31 March

2015] Available from URL httpwwwchinapostcomtwbusinessasia-china20120209331042China-eyeshtm

The Economist 2012 A dangerous year Unrest in China [Cited 31 March 2015] Available fromURL httpwwweconomistcomnode21543477

Unger J 2002 The transformation of rural China Armonk NY M E SharpeUnger J amp Chan A 1995 China corporatism and the East Asian model The Australian Journal

of Chinese Affairs 1995 29ndash53Venn D 2009 Legislation collective bargaining and enforcement Updating the OECD

employment protection indicators [Cited 31 March 2015] Available from URLhttpwwwoecdorgemploymentemp43116624pdf

Wang Z 2012 More workers staying near home China Daily [Cited 31 March 2015] Available fromURL httpwwwchinadailycomcnchina2012-0428content15166329htm

Warner M amp Ng S H 1999 Collective contracts in Chinese enterprises A new brand of collectivebargaining under lsquomarket Socialismrsquo British Journal of Industrial Relations 37(2) 295ndash314

Webb S amp Webb B 1897 Industrial democracy London New York amp Bombay LongmansGreen amp Co

Wen X amp Lin K 2015 Reconstituting industrial relations The experience of Wenling Journalof Contemporary China 24(94) 665ndash683

Wen X 2013 Gonghui zhixuan Guangdong shijian de jingyan yu jiaoxun (Union directelection Lessons from Guangdong) Paper presented at the 6th Annual Congress ofChina Labor Relations Association of the China Human Resource Development AssociationGuangzhou November 2013

Weston T B 2004 The iron man weeps Joblessness and political legitimacy in the Chinese rustbelt In P H Gries amp S Rosen (Eds) State and society in 21st century China Crisiscontention and legitimation 67ndash86 New York RoutledgeCurzon

Wu Q 2012 Jiti xieshang yu guojia zhudao xiade laodong guanxi zhili (Collective negotiationand state-oriented labor relations governance) Shehuixue Yanjiu (Sociological Studies)2012(3) 66ndash89

Xie Y amp Guo Y 2011 Zhongguo shi gongzi jiti xieshang moshi tansuo Wuhan shi canyin hangyegongzi jiti xieshang diaocha (A survey of collective consultation on wages in the catering industryin Wuhan) Zhongguo Laodong Guanxi Xueyuan Xuebao (Journal of China Instituteof Industrial Relations) 25(6) 54ndash58

Xie Y Chen J Chen P amp Xiao Q 2012 Zhongguo hangye gongzi jiti xieshang xiaoguode shizheng fenxi Yi Wuhan canyin hangye weili (An empirical analysis of industrialbargaining outcomes in China An example from the Wuhan restaurant and catering industry)Jingji Shehui Tizhi Bijiao (Comparative Economic and Social Systems) 2012(5)55ndash67

Ccopy 2016 The International Association for Chinese Management Research

Labor Unrest and Collective Bargaining 187

Xu X 2005 lsquoZiran zhuangtairsquo de gongzi jiti xieshang Zhongguo nanfang mouzhen yangmaoshanhangye gongzi jiti xieshang (Collective consultation and discussion on the wages under thelsquonatural conditionrsquo) Tianjin Gonghui Guanli Ganbu Xueyuan Xuebao (Journal ofTianjin Trade Union Administratorsrsquo College) 13(3) 29ndash32

Zhang H 2014 Informality in Chinarsquos collective bargaining Unpublished Masters thesisCornell University Ithaca NY

Zhang J amp Shi Y 2012 Guanyu hangye jiti xieshang qingkuang de diaocha baogao (Survey onindustrial collective negotiation) Zhongguo Laodong Guanxi Xueyuan Xuebao (Journalof China Institute of Industrial Relations) 26(4) 51ndash57

Sarosh Kuruvilla (sck4cornelledu) is Professor of Industrial RelationsAsian Studies and Public Affairs at Cornell University and Visiting Professor atthe London School of Economics His research focuses on the linkage betweeneconomic development strategies and labor and human resources policies Hehas published numerous articles and 3 books on various aspects of labor relationsin Asia He is currently researching collective bargaining in ChinaHao Zhang (hz256cornelledu) is a PhD student at Cornell UniversityrsquosSchool of Industrial and Labor Relations His primary research focus is laborand employment relations with special attention to China And he has ongoinginterests in globalization development political economy skill formationproduction and work

Manuscript received September 18 2014Final version accepted September 28 2015 (number of revisions ndash 2)Accepted by Editor-in-Chief Arie Lewin

Ccopy 2016 The International Association for Chinese Management Research

  • INTRODUCTION
  • THEORETICAL PERSPECTIVES
    • Worker Militancy
    • State Promotion of Collective Bargaining
    • Variations in Collective Bargaining
    • The Future of Collective Bargaining
      • METHODOLOGY
      • RESULTS
        • Strikes
        • Collective Bargaining
        • Emerging Variation Varieties of Collective Bargaining in China
          • DISCUSSION
            • Moving across Quadrants The Future of Collective Bargaining and The Roles of Unions and Employers
              • CONCLUSION
              • NOTES
              • REFERENCES

Labor Unrest and Collective Bargaining 179

employers came on board By 2003 the local government stepped in establishingan industrial union which ultimately signed an industry-wide agreement with theemployer association (Wen amp Lin 2015) That contract has been renegotiated everyyear since and is stable although it overwhelmingly focuses on the piece-rates andnot other working conditions Moreover it is a clear case of relatively authenticcollective bargaining arrangement in terms of how well the contract is enforcedThe second author interviewed workers in the industry in 2013 and found that thepiece-rates that were used to pay them was higher than or equal to those stipulatedin the contract

The Wenling model is being increasingly diffused to other areas In all 15industries ndash including the pump sector in a town named Zeguo (Liu 2010) ndashhave carried out similar bargaining by 2012 covering roughly 6100 enterprisesand 400000 workers (Zhang amp Shi 2012) There are reports of cases developingin other textile and garment (Luthje Luo amp Zhang 2013 269) as well as othermanufacturing clusters (Lee 2011) The commonalities across these lsquosuccessfulcasesrsquo is that they are negotiating about the piece-rate at the industry level andwage coordination was welcomed by small and medium-sized firms in order toreduce turnover in a labor shortage situation Therefore success seems to be in partdetermined by employer interest and readiness for collective bargaining as well

DISCUSSION

Moving across Quadrants The Future of Collective Bargaining andThe Roles of Unions and Employers

While the above taxonomy presents a static picture of the varieties of collectivebargaining in China it is important to incorporate a dynamic element specificallywhat makes it possible to move from inauthentic to more authentic collectivebargaining and how might decentralized bargaining connect with more centralizedstructures to create more worker solidarity

How might we expect movement from inauthentic to more authentic bargainingat the firm level (ie from Quadrant 1 to Quadrant 2) Certainly as discussedearlier strikes could trigger such a movement But there are other ways as wellOne strategy recently adopted in Guangzhou and Shenzhen is the grassroots unionelection (namely direct election for grassroots trade union cadres [gonghui zhixuan])When workers are able to elect their own representatives rather than having unionleaders decided by the regional official union or the enterprise it builds the localunionsrsquo autonomy and independence and is one necessary step for the growth ofauthentic bargaining This focus on direct election is growing For instance theShenzhen Federation of Trade Unions announced in 2012 that 163 enterpriseswith more than 1000 employees would all adopt direct election (Eastmoney 2012)The second authorrsquos interview with a key informant involved in Shenzhenrsquos unionelection revealed that approximately 1000 out of the 30000 enterprise unions

Ccopy 2016 The International Association for Chinese Management Research

180 S Kuruvilla and H Zhang

in Shenzhen had lsquocarried out or reached the level of direct union election (dadao

zhixuan shuiping)rsquo by August 2011 In Guangzhou Peng amp Du (2010) report thatseveral hundred of the over 50000 firm unions had been directly elected by 2010The case of direct union elections in Omron (Shenzhen) has been documented inWen (2013) and Hui amp Chanrsquos (2014) work Yet we need more research to properlyevaluate how these elections are conducted

Although the efficacy of direct union elections has been debated (some argue thatthese elections were manipulated by employers or local officials others questionthe degree to which these will be institutionalized in todayrsquos political climate inChina and some suggest that there is rising opposition to direct elections fromboth employers and the state (Chan 2009 Howell 2008 Wen 2013) the availableevidence (Hui amp Chan 2014 Wen 2013) and more recent first hand evidence fromour research in Guangzhoursquos auto industry suggests that thus far democratic unionelections facilitates collective bargaining with real negotiation between workers andemployers including some conflictual negotiations that result in real rather thanformalistic outcomes and hence are more authentic

Movement from Quadrant 3 to 4 (ie from less authentic to more authenticbargaining at the centralized level) appears possible when employers take the firststep in coordinating through employer associations and when the local governmentdirectly intervenes to create industry wide settlements as suggested by the Wenlingmodel However given the lack of a real connection between unions at this leveland the workers they represent and the heterogeneous workplaces that makedirect election of representatives more difficult we are not convinced that such amovement is imminent In addition there are a number of implementation andenforcement failures such as in the case of the restaurant industry in Wuhan thatsuggest the difficulty of achieving meaningful collective bargaining coverage for anentire regional industry

There is some evidence of increased coordination between decentralized andcentralized levels Zhang (2014) finds evidence of links between industry wagestructures and firm level bargaining in a circumstance when lead and supplierfirms belonging to the same value chain in the local labor market are involvedThis indicates some degree of dynamism distinct from the mostly static pictureimplied by our classification This movement of informal coordination appearssimilar to those practices in the West especially in Europe although perhaps it isat a more incipient stage here As Chinese employers in a cluster or industry beginto build better institutional structures to facilitate coordination that will stimulatea similar movement amongst workers and unions and thereby promote industrywide bargaining as well as firm level bargaining

CONCLUSION

In this paper we examine the growth of strikes and collective bargaining in ChinaUsing McAdamrsquos political process model we argued that Chinese workers are

Ccopy 2016 The International Association for Chinese Management Research

Labor Unrest and Collective Bargaining 181

striking more and proactively after 2008 The Chinese state has encouraged thegrowth of collective bargaining although its motivations for doing so could beattributed to different interests such as providing a mechanism to resolve laborconflict or to increase wages in its effort to lsquorebalancersquo the economy a necessarycondition to avoid the middle income trap We argued further that we wouldexpect to see considerable variation in collective bargaining based on the differentialinterests of central and local states who are enjoying more autonomy than theydid in the past And our analysis of the official union (ACFTU) and the crises ofidentity and legitimacy that it faces led us to expect that collective bargaining willbe predominantly inauthentic

The evidence largely supports our expectations Chinese workers are clearlystriking more after 2008 and the numbers of strikes from two different sets of datashow steady increases Collective bargaining has also grown sharply after 2008 butthe key agent charged with the responsibility of increasing bargaining coverage (theACFTU) tends to view it generally as a bureaucratic exercise Hence our findingthat much of the incipient collective bargaining in China hews to the inauthenticside of the continuum We also find considerable variation however in collectivebargaining This variation is attributable to the willingness of the state to allowexperimentation and it would appear that different industrial relations actors ielocal labor bureaucracies local employers and local unions exercise considerablefreedom to develop particular structures

While our taxonomy presents a static picture of collective bargaining in Chinatoday we also highlight how it may change in the future under the presentinstitutional structure We have identified several conditions that are necessary forbargaining arrangements to move towards greater authenticity Specifically eventhough the Chinese state is unlikely to permit workers to affiliate with unions of theirchoice reforms within the ACFTU that move it in the direction of increasing itsrepresentative function is one avenue for change An amendment to the GuangdongProvincial Regulation on Collective Contracts for Enterprises is in our view onepathway to more authentic bargaining The regulation is detailed covering notonly the content and subject matter of collective bargaining but includes extensiveprovisions regarding various aspects of collective negotiations Most crucially theregulation specifies clearly that lsquonegotiation representatives of the employees of thefirm must either be selected by the trade union or democratically elected by thestaff and workersrsquo ndash the first time that democratic elections have been specified inany provincial legislation regarding collective bargaining

However despite the growth and variation that we see and despite the promiseimplicit in the Guangdong regulations overall our paper suggests that collectivebargaining in China is at a very incipient stage At this point in 2015 our initialanalyses would suggest that the institution of collective bargaining in China is moreeffective at increasing wages thereby meeting the statersquos interest in rebalancing theeconomy and less effective in meeting the statersquos alternative interest ie representingworkers adequately so as to reduce industrial conflict

Ccopy 2016 The International Association for Chinese Management Research

182 S Kuruvilla and H Zhang

Under what conditions could collective bargaining meet the statersquos alternativeinterest This requires that Chinese unions overcome their problems of identity andlegitimacy A necessary condition is that the state must be willing to provide theunions with more independence What might bring this about The state wouldbe willing to do so if the legitimacy of the CCP is under threat And that couldhappen if industrial conflict and labor exploitation continue to increase despite thenew laws and union activity

However recent decisions suggest that the state has elected to follow an alternativeapproach of improving bargaining effectiveness with more centralization ratherthan providing local union autonomy In 2014 the ACFTU introduced a newfive-year plan (2014ndash2018) to promote collective bargaining Simultaneously inorder to improve collective bargaining effectiveness the ACFTU has adoptednew guidelines to its locals These include the notion that 100 of the workerscovered under CB should be aware of the bargaining and have provided themwith relatively centralized formats that would permit aggregation of data onwages More importantly in May 2015 the central government and CCP releasedlsquoSuggestions for Establishing Harmonious Labor Relationsrsquo ndash the first time thatharmonious labor relations were promoted at the central level in a special documentThese actions suggest that the CCP has acknowledged the shortcomings of thecurrent collective bargaining system (ie poor implementation poor quality ofagreements and the ACFTUs general inability to represent workers) and thethreat of continued industrial conflict to its own legitimacy but is still leery ofproviding local unions and workers with more autonomy that might result in thesuccessful institutionalization of bargaining

How does the development of Chinese unions and collective bargaininginstitutions compare with other Asian nations We might look to both Taiwanand South Korea for parallels Japan however is less comparable because thepost-war development of both unions and collective bargaining developed intandem with democratization (Gould 1984) and was led by employers whointroduced the famous pillars of lifetime employment seniority based wages andenterprise unions in search of labor stability (Hashimoto 1991) In both Koreaand Taiwan however the export oriented industrialization regimes adopted byauthoritarian governments entailed a high degree of control of labor Ratherlike China today Taiwanrsquos policies then required the unions to be affiliated toone central federation (the Chinese Federation of Labor) which was controlled bythe Kuomintang regime (Deyo 1987) Korea adopted a similar approach with thecreation of the Federation of Korean Trade Unions created by the governmentHowever in contrast to Taiwan (where the workforce was mostly composed oflabor working in agriculture and small scale industries) Korearsquos labor movementeven under authoritarian governments developed a stronger working class identityDeyo (1987) and Chu (1998) argue due to the tradition of nationalist mobilizationagainst the Japanese occupation large sized firms involved in heavy industries andhigh industry concentration Both countries democratized in the late 1980s Given

Ccopy 2016 The International Association for Chinese Management Research

Labor Unrest and Collective Bargaining 183

their historical weakness the labor movement in Taiwan did not play a major rolein the democratization processes unlike the Korean labor movement which was acentral player in the process in Korea Consequently post democratization Koreanunions aggressively demonstrated their power through waves of strikes (Chu 1998)that resulted in the formal institutionalization of a new industrial relations regimealong pluralist lines Taiwanrsquos labor movement given its historical weakness did notassert themselves as strongly after democratization although a new labor relationsregime developed thereafter Thus although there was broad similarity in termsof state control of labor in Korea Taiwan and China that similarity ended in the1980s upon democratization in Korea and Taiwan The Chinese labor movementstill remains under state control and the future evolution of both labor unions andcollective bargaining is as we have argued earlier in this paper dependent on CCPrsquosstrategies

Having developed a lsquobaselinersquo taxonomy of collective bargaining how mightfuture research advance our knowledge about collective bargaining in China Mostimportantly we need research (detailed case studies) on how collective bargainingis conducted in different parts of China As Friedman and Kuruvilla (2014) haveargued there is much experimentation and decentralization and more empiricalevidence of these processes are clearly necessary in order to evaluate what worksbest in which locations and why We specifically need more case studies ofauthentic bargaining Second we need analyses of collective bargaining contracts(on both a national and regional scale) in order to determine which are the keyissues of contention between management and labor and how they are changingovertime More research on the various experiments regarding union electionsand the impact of these on bargaining processes and outcomes is a key need aswell Thus there are plenty of opportunities for cutting edge research in collectivebargaining in China and we hope that Chinese management scholars would answerthis call for research into a crucial national human resource issue

NOTES

We thank Manfred Elfstrom and Eli Friedman for comments on an earlier version of this article andthe faculty at Renmin University School of Labor and Human Resources for hosting us[1] There have been various administrative provisions for collective negotiations since 1994 but

legal backing was only granted via the Labor Contract Law beginning in January 2008[2] According to the National Bureau of Statistics (NBS) the term lsquoenterprises above designated

sizersquo points to those industrial legal person enterprises whose yearly main business incomes equalto or are more than 5 million yuan (2009)

[3] The political geography in China divides the country into three levels of bureaucracies below thenational level namely the provincial level the citycounty level and the township level (Note thata village government is not an official bureaucracy but a villagersrsquo self-management organization)However as a legacy of the Kuomintang regime most cities include and administrate severalcounties and therefore the de facto bureaucratic system in China ndash according to which bothofficial unions and governments are structured ndash actually has four levels ie the provincial levelthe city level the countydistrict level and the township level

[4] We admit the possibility that the growing trend may be partially because of a betterdocumentation system now than before

Ccopy 2016 The International Association for Chinese Management Research

184 S Kuruvilla and H Zhang

REFERENCES

Bandurski D 2008 Taxi strikes in China highlight changing press controls China Media Project[Cited 31 March 2015] Available from URL httpcmphkuhk200811121344

Blecher M 1991 Development state entrepreneurial state The political economy of socialist reformin Xinji Municipality and Guanghan County In G White (Ed) The Chinese state in theera of economic reform The road to crisis 265ndash294 Basingstoke Macmillan

Blecher M amp Shue V 1996 Tethered deer Government and economy in a Chinese countyStanford CA Stanford University Press

Brown R 2006 Chinarsquos collective contract provisions Can collective negotiations embody collectivebargaining Duke Journal of Comparative and International Law 35 35ndash77

Cai F 2007 Zhongguo jingji mianlin de zhuanzhe jiqi dui fazhan he gaige de tiaozhan (The turningpoint faced by the Chinese economy and the challenge it presents to development and reform)Zhongguo Shehui Kexue (Social Sciences in China) 2007(3) 4ndash12

Chan A 1993 Revolution or corporatism Workers and trade unions in post-Mao China TheAustralian Journal of Chinese Affairs 29 31ndash61

Chan A 2009 Challenges and possibilities for democratic grassroots union elections in China Acase study of two factory-level elections and their aftermath Labor Studies Journal 34(3)293ndash317

Chan C K C amp Hui E S I 2014 The development of collective bargaining in China Fromlsquocollective bargaining by riotrsquo to lsquoparty state-led wage bargainingrsquo The China Quarterly217(1) 221ndash242

Chan K W 2010 A China paradox Migrant labor shortage amidst rural labor supply abundanceEurasian Geography and Economics 51(4) 513ndash530

Chang K 2013 Laogong guanxi jitihua zhuanxing yu zhengfu laogong zhengce de wanshan (Thecollective transformation of industrial relations and improvement of labor policies) ZhongguoShehui Kexue (Social Sciences in China) 2013(6) 91ndash108

Chen F 2003 Between the state and labour The conflict of Chinese trade unionsrsquo double identityin market reform The China Quarterly 176 1006ndash1028

Chen F 2007 Individual rights and collective rights Laborrsquos predicament in China Communistand Post-Communist Studies 40(1) 59ndash79

Chen F 2010 Trade unions and the quadripartite interactions in strike settlement in China TheChina Quarterly 201 104ndash124

Chu Y W 1998 Labor and democratization in South Korea and Taiwan Journal ofContemporary Asia 28(2) 185ndash202

Clarke S Lee C amp Li Q 2004 Collective consultation and industrial relations in China BritishJournal of Industrial Relations 42(2) 235ndash254

Deyo F C 1987 State and labor Modes of political exclusion in the East Asian development InF C Deyo (Ed) The political economy of the new Asian industrialism Ithaca NYCornell University Press

Eastmoney 2010 Zhixuan gonghui zhihou (After the direct election of the union)[Cited 14 September 2013] Available from URL httpmoneyeastmoneycomnews158320120918251427566html

Eisenhardt K 1989 Building theories from case study research Academy of ManagementReview 14(4) 532ndash550

Elfstrom M amp Kuruvilla S 2014 The changing nature of labor unrest in China Industrial andLabor Relations Review 67(2) 453ndash480

Frenkel S amp Kuruvilla S 2002 Logics of action globalization and changing employment relationsin China India Malaysia and the Philippines Industrial and Labor Relations Review55(3) 387ndash412

Friedman E D 2014a Insurgency trap Labor politics in postsocialist China Ithaca NYCornell University Press

Friedman E D 2014b Economic development and sectoral unions in China Industrial andLabor Relations Review 67(2) 481ndash503

Friedmand E D amp Kuruvilla S 2015 Experimentation and decentralization in Chinese industrialrelations Human Relations 68(2) 181ndash195

Friedman E amp Lee C K 2010 Remaking the world of Chinese labour A 30-year retrospectiveBritish Journal of Industrial Relations 48(3) 507ndash533

Ccopy 2016 The International Association for Chinese Management Research

Labor Unrest and Collective Bargaining 185

Gallagher M E 2005 Contagious capitalism Globalization and the politics of labor inChina Princeton Princeton University Press

Gallagher M E 2010 lsquoWe are not machinesrsquo Teen spirit on Chinarsquos shopfloor China Beat [Cited31 March 2015] Available from URL httpwwwthechinabeatorgp=2538

Gallagher M E amp Dong B 2011 Legislating harmony Labor law reform in contemporaryChina In S Kuruvilla C K Lee amp M E Gallagher (Eds) From iron rice bowl toinformalization Markets workers and the state in a changing China Ch3 IthacaNY Cornell University Press

Gallagher M E 2014 Chinarsquos workers movement and the end of the rapid-growth era Daedalus143(2) 81ndash95

Gould W B 1984 Japanrsquos reshaping of American labor law Cambridge MA MIT PressHashimoto M 1991 The industrial relations system in Japan An interpretation and policy

implications Managerial and Decision Economics 12 147ndash157Howell J A 2006 Reflections on the Chinese state Development and Change 37 273ndash

297Howell J A 2008 All-China Federation of Trades Unions beyond reform The slow march of direct

elections The China Quarterly 196 845ndash863Hu Y 2011 Shenme shi jiti hetong lsquoCaihong Jihuarsquo (What is the collective contract lsquoRainbow Planrsquo)

[Cited 14 September 2013] Available from URL httpwwwhaishang-lawcomArticlezhuanyeyanjiulaodongjiufen2011046155html

Hui E S I 2011 Understanding labour activism The Honda workersrsquo strike In C Scherrer (Ed)Chinarsquos labor questions Ch3 Munchen Mering Germang Rainer Hampp

Hui E S I amp Chan C K C 2014 Beyond the union-centered approach A critical evaluation ofrecent trade union elections in China British Journal of Industrial Relations

Katz H amp Darbishire O 2002 Converging divergences Worldwide changes inemployment systems Ithaca NY Cornell University Press

Katz H C Kochan T A amp Colvin A J S 2014 Labor relations in a global world Anintroduction focused on emerging countries Ithaca NY Cornell University Press

Lee C H 2011 Between the hierarchy and market Emerging mezzo-corporatistindustrial relations in China Unpublished manuscript

Lee C K 2007 Against the law Labor protests in Chinarsquos Rustbelt and Sunbelt BerkeleyUniversity of California Press

Liu M 2010 Union organizing in China Still a monolithic labor movement Industrial andLabor Relations Review 64(1) 30ndash52

Luo S 2011 Collective contracts but no collective bargaining In C Scherrer (Ed) Chinarsquos laborquestions Ch3 Munchen Mering Germang Rainer Hampp

Luthje B 2012 Diverging trajectories Economic rebalancing and labor policiesin China East-West Center Working Paper No 23 [Cited 31 March 2015] Avail-able from URL httpwwweastwestcenterorgpublicationsdiverging-trajectories-economic-rebalancing-and-labor-policies-china

Luthje B Luo S amp Zhang H 2013 Beyond the Iron Rice Bowl Regimes of productionand industrial relations in China Frankfurt amp New York Campus

McAdam D 1999 Political process and the development of Black Insurgency 1930ndash19702nd ed Chicago and London The University of Chicago Press

McDermott E P 2010 Industrial relations in China Ball of Confusion In K Townsend ampA Wilkinson (Eds) Research handbook on work and employment relations Ch16United Kingdom Edward Elgar Publishing

Meng Q 2012 Tanpan youxi zhong de lsquoshuoherenrsquo Yi DLDA qu wei li (The lsquomediatorrsquo in thebargaining game A case of DLDA) Qinghua Shehuixue Pinglun (Tsinghua SociologicalReview) 6 206ndash222

Meng Q Lu J Lei X Wang R amp Chang C 2011 2010 Zhongguo bagongchaodiaocha yu fenxi baogao (Report on the 2010 strike wave in China) Unpublishedmanuscript

OECD 2013 Protecting jobs enhancing flexibility A new look at employment protectionlegislation In OECD Employment Outlook Ch2 [Cited 31 March 2015] Available from URLhttpdxdoiorg101787empl_outlook-2013-en

Oi J 1995 The role of the local state in Chinarsquos transitional Economy The China Quarterly 1441132ndash1149

Ccopy 2016 The International Association for Chinese Management Research

186 S Kuruvilla and H Zhang

Peng M amp Du Q 2010 Quanzong guli tansuo gonghui zhuxi zhixuan (The ACFTUencourages direct elections of union chairs) [Cited 14 September 2013] Available fromURL httpepaperoeeeecomAhtml2010-0911content_1175401htm

Pan P P 2009 Out of Maorsquos shadow The struggle for the soul of a new China New YorkSimon amp Schuster

Rapoza K 2011 In coastal China a labor shortage Forbes [Cited 31 March2015] Available from URL httpwwwforbescomsiteskenrapoza20111220in-coastal-china-a-labor-shortage

Silver B J amp Zhang L 2009 China as an emerging epicenter of world labor unrest In H-F Hung(Ed) China and the transformation of global capitalism Baltimore Johns HopkinsUniversity Press

Stockmann D amp Gallagher M E 2011 Remote control How the media sustain authoritarian rulein China Comparative Political Studies 44(4) 436ndash467

Taylor B Chang K amp Li Q 2003 Industrial relations in China Cheltenham Edward ElgarTaylor B amp Li Q 2007 Is the ACFTU a union and does it matter Journal of Industrial

Relations 49(5) 701ndash715Taylor B amp Li Q 2010 Chinarsquos creative approach to lsquounionrsquo organizing Labor History 51(3)

411ndash428Tarrow S 1998 Power in movement Social movements and contentious politics New

York Cambridge University PressThe China Post 2012 China eyes 13 minimum wage rise in 5 years [Cited 31 March

2015] Available from URL httpwwwchinapostcomtwbusinessasia-china20120209331042China-eyeshtm

The Economist 2012 A dangerous year Unrest in China [Cited 31 March 2015] Available fromURL httpwwweconomistcomnode21543477

Unger J 2002 The transformation of rural China Armonk NY M E SharpeUnger J amp Chan A 1995 China corporatism and the East Asian model The Australian Journal

of Chinese Affairs 1995 29ndash53Venn D 2009 Legislation collective bargaining and enforcement Updating the OECD

employment protection indicators [Cited 31 March 2015] Available from URLhttpwwwoecdorgemploymentemp43116624pdf

Wang Z 2012 More workers staying near home China Daily [Cited 31 March 2015] Available fromURL httpwwwchinadailycomcnchina2012-0428content15166329htm

Warner M amp Ng S H 1999 Collective contracts in Chinese enterprises A new brand of collectivebargaining under lsquomarket Socialismrsquo British Journal of Industrial Relations 37(2) 295ndash314

Webb S amp Webb B 1897 Industrial democracy London New York amp Bombay LongmansGreen amp Co

Wen X amp Lin K 2015 Reconstituting industrial relations The experience of Wenling Journalof Contemporary China 24(94) 665ndash683

Wen X 2013 Gonghui zhixuan Guangdong shijian de jingyan yu jiaoxun (Union directelection Lessons from Guangdong) Paper presented at the 6th Annual Congress ofChina Labor Relations Association of the China Human Resource Development AssociationGuangzhou November 2013

Weston T B 2004 The iron man weeps Joblessness and political legitimacy in the Chinese rustbelt In P H Gries amp S Rosen (Eds) State and society in 21st century China Crisiscontention and legitimation 67ndash86 New York RoutledgeCurzon

Wu Q 2012 Jiti xieshang yu guojia zhudao xiade laodong guanxi zhili (Collective negotiationand state-oriented labor relations governance) Shehuixue Yanjiu (Sociological Studies)2012(3) 66ndash89

Xie Y amp Guo Y 2011 Zhongguo shi gongzi jiti xieshang moshi tansuo Wuhan shi canyin hangyegongzi jiti xieshang diaocha (A survey of collective consultation on wages in the catering industryin Wuhan) Zhongguo Laodong Guanxi Xueyuan Xuebao (Journal of China Instituteof Industrial Relations) 25(6) 54ndash58

Xie Y Chen J Chen P amp Xiao Q 2012 Zhongguo hangye gongzi jiti xieshang xiaoguode shizheng fenxi Yi Wuhan canyin hangye weili (An empirical analysis of industrialbargaining outcomes in China An example from the Wuhan restaurant and catering industry)Jingji Shehui Tizhi Bijiao (Comparative Economic and Social Systems) 2012(5)55ndash67

Ccopy 2016 The International Association for Chinese Management Research

Labor Unrest and Collective Bargaining 187

Xu X 2005 lsquoZiran zhuangtairsquo de gongzi jiti xieshang Zhongguo nanfang mouzhen yangmaoshanhangye gongzi jiti xieshang (Collective consultation and discussion on the wages under thelsquonatural conditionrsquo) Tianjin Gonghui Guanli Ganbu Xueyuan Xuebao (Journal ofTianjin Trade Union Administratorsrsquo College) 13(3) 29ndash32

Zhang H 2014 Informality in Chinarsquos collective bargaining Unpublished Masters thesisCornell University Ithaca NY

Zhang J amp Shi Y 2012 Guanyu hangye jiti xieshang qingkuang de diaocha baogao (Survey onindustrial collective negotiation) Zhongguo Laodong Guanxi Xueyuan Xuebao (Journalof China Institute of Industrial Relations) 26(4) 51ndash57

Sarosh Kuruvilla (sck4cornelledu) is Professor of Industrial RelationsAsian Studies and Public Affairs at Cornell University and Visiting Professor atthe London School of Economics His research focuses on the linkage betweeneconomic development strategies and labor and human resources policies Hehas published numerous articles and 3 books on various aspects of labor relationsin Asia He is currently researching collective bargaining in ChinaHao Zhang (hz256cornelledu) is a PhD student at Cornell UniversityrsquosSchool of Industrial and Labor Relations His primary research focus is laborand employment relations with special attention to China And he has ongoinginterests in globalization development political economy skill formationproduction and work

Manuscript received September 18 2014Final version accepted September 28 2015 (number of revisions ndash 2)Accepted by Editor-in-Chief Arie Lewin

Ccopy 2016 The International Association for Chinese Management Research

  • INTRODUCTION
  • THEORETICAL PERSPECTIVES
    • Worker Militancy
    • State Promotion of Collective Bargaining
    • Variations in Collective Bargaining
    • The Future of Collective Bargaining
      • METHODOLOGY
      • RESULTS
        • Strikes
        • Collective Bargaining
        • Emerging Variation Varieties of Collective Bargaining in China
          • DISCUSSION
            • Moving across Quadrants The Future of Collective Bargaining and The Roles of Unions and Employers
              • CONCLUSION
              • NOTES
              • REFERENCES

180 S Kuruvilla and H Zhang

in Shenzhen had lsquocarried out or reached the level of direct union election (dadao

zhixuan shuiping)rsquo by August 2011 In Guangzhou Peng amp Du (2010) report thatseveral hundred of the over 50000 firm unions had been directly elected by 2010The case of direct union elections in Omron (Shenzhen) has been documented inWen (2013) and Hui amp Chanrsquos (2014) work Yet we need more research to properlyevaluate how these elections are conducted

Although the efficacy of direct union elections has been debated (some argue thatthese elections were manipulated by employers or local officials others questionthe degree to which these will be institutionalized in todayrsquos political climate inChina and some suggest that there is rising opposition to direct elections fromboth employers and the state (Chan 2009 Howell 2008 Wen 2013) the availableevidence (Hui amp Chan 2014 Wen 2013) and more recent first hand evidence fromour research in Guangzhoursquos auto industry suggests that thus far democratic unionelections facilitates collective bargaining with real negotiation between workers andemployers including some conflictual negotiations that result in real rather thanformalistic outcomes and hence are more authentic

Movement from Quadrant 3 to 4 (ie from less authentic to more authenticbargaining at the centralized level) appears possible when employers take the firststep in coordinating through employer associations and when the local governmentdirectly intervenes to create industry wide settlements as suggested by the Wenlingmodel However given the lack of a real connection between unions at this leveland the workers they represent and the heterogeneous workplaces that makedirect election of representatives more difficult we are not convinced that such amovement is imminent In addition there are a number of implementation andenforcement failures such as in the case of the restaurant industry in Wuhan thatsuggest the difficulty of achieving meaningful collective bargaining coverage for anentire regional industry

There is some evidence of increased coordination between decentralized andcentralized levels Zhang (2014) finds evidence of links between industry wagestructures and firm level bargaining in a circumstance when lead and supplierfirms belonging to the same value chain in the local labor market are involvedThis indicates some degree of dynamism distinct from the mostly static pictureimplied by our classification This movement of informal coordination appearssimilar to those practices in the West especially in Europe although perhaps it isat a more incipient stage here As Chinese employers in a cluster or industry beginto build better institutional structures to facilitate coordination that will stimulatea similar movement amongst workers and unions and thereby promote industrywide bargaining as well as firm level bargaining

CONCLUSION

In this paper we examine the growth of strikes and collective bargaining in ChinaUsing McAdamrsquos political process model we argued that Chinese workers are

Ccopy 2016 The International Association for Chinese Management Research

Labor Unrest and Collective Bargaining 181

striking more and proactively after 2008 The Chinese state has encouraged thegrowth of collective bargaining although its motivations for doing so could beattributed to different interests such as providing a mechanism to resolve laborconflict or to increase wages in its effort to lsquorebalancersquo the economy a necessarycondition to avoid the middle income trap We argued further that we wouldexpect to see considerable variation in collective bargaining based on the differentialinterests of central and local states who are enjoying more autonomy than theydid in the past And our analysis of the official union (ACFTU) and the crises ofidentity and legitimacy that it faces led us to expect that collective bargaining willbe predominantly inauthentic

The evidence largely supports our expectations Chinese workers are clearlystriking more after 2008 and the numbers of strikes from two different sets of datashow steady increases Collective bargaining has also grown sharply after 2008 butthe key agent charged with the responsibility of increasing bargaining coverage (theACFTU) tends to view it generally as a bureaucratic exercise Hence our findingthat much of the incipient collective bargaining in China hews to the inauthenticside of the continuum We also find considerable variation however in collectivebargaining This variation is attributable to the willingness of the state to allowexperimentation and it would appear that different industrial relations actors ielocal labor bureaucracies local employers and local unions exercise considerablefreedom to develop particular structures

While our taxonomy presents a static picture of collective bargaining in Chinatoday we also highlight how it may change in the future under the presentinstitutional structure We have identified several conditions that are necessary forbargaining arrangements to move towards greater authenticity Specifically eventhough the Chinese state is unlikely to permit workers to affiliate with unions of theirchoice reforms within the ACFTU that move it in the direction of increasing itsrepresentative function is one avenue for change An amendment to the GuangdongProvincial Regulation on Collective Contracts for Enterprises is in our view onepathway to more authentic bargaining The regulation is detailed covering notonly the content and subject matter of collective bargaining but includes extensiveprovisions regarding various aspects of collective negotiations Most crucially theregulation specifies clearly that lsquonegotiation representatives of the employees of thefirm must either be selected by the trade union or democratically elected by thestaff and workersrsquo ndash the first time that democratic elections have been specified inany provincial legislation regarding collective bargaining

However despite the growth and variation that we see and despite the promiseimplicit in the Guangdong regulations overall our paper suggests that collectivebargaining in China is at a very incipient stage At this point in 2015 our initialanalyses would suggest that the institution of collective bargaining in China is moreeffective at increasing wages thereby meeting the statersquos interest in rebalancing theeconomy and less effective in meeting the statersquos alternative interest ie representingworkers adequately so as to reduce industrial conflict

Ccopy 2016 The International Association for Chinese Management Research

182 S Kuruvilla and H Zhang

Under what conditions could collective bargaining meet the statersquos alternativeinterest This requires that Chinese unions overcome their problems of identity andlegitimacy A necessary condition is that the state must be willing to provide theunions with more independence What might bring this about The state wouldbe willing to do so if the legitimacy of the CCP is under threat And that couldhappen if industrial conflict and labor exploitation continue to increase despite thenew laws and union activity

However recent decisions suggest that the state has elected to follow an alternativeapproach of improving bargaining effectiveness with more centralization ratherthan providing local union autonomy In 2014 the ACFTU introduced a newfive-year plan (2014ndash2018) to promote collective bargaining Simultaneously inorder to improve collective bargaining effectiveness the ACFTU has adoptednew guidelines to its locals These include the notion that 100 of the workerscovered under CB should be aware of the bargaining and have provided themwith relatively centralized formats that would permit aggregation of data onwages More importantly in May 2015 the central government and CCP releasedlsquoSuggestions for Establishing Harmonious Labor Relationsrsquo ndash the first time thatharmonious labor relations were promoted at the central level in a special documentThese actions suggest that the CCP has acknowledged the shortcomings of thecurrent collective bargaining system (ie poor implementation poor quality ofagreements and the ACFTUs general inability to represent workers) and thethreat of continued industrial conflict to its own legitimacy but is still leery ofproviding local unions and workers with more autonomy that might result in thesuccessful institutionalization of bargaining

How does the development of Chinese unions and collective bargaininginstitutions compare with other Asian nations We might look to both Taiwanand South Korea for parallels Japan however is less comparable because thepost-war development of both unions and collective bargaining developed intandem with democratization (Gould 1984) and was led by employers whointroduced the famous pillars of lifetime employment seniority based wages andenterprise unions in search of labor stability (Hashimoto 1991) In both Koreaand Taiwan however the export oriented industrialization regimes adopted byauthoritarian governments entailed a high degree of control of labor Ratherlike China today Taiwanrsquos policies then required the unions to be affiliated toone central federation (the Chinese Federation of Labor) which was controlled bythe Kuomintang regime (Deyo 1987) Korea adopted a similar approach with thecreation of the Federation of Korean Trade Unions created by the governmentHowever in contrast to Taiwan (where the workforce was mostly composed oflabor working in agriculture and small scale industries) Korearsquos labor movementeven under authoritarian governments developed a stronger working class identityDeyo (1987) and Chu (1998) argue due to the tradition of nationalist mobilizationagainst the Japanese occupation large sized firms involved in heavy industries andhigh industry concentration Both countries democratized in the late 1980s Given

Ccopy 2016 The International Association for Chinese Management Research

Labor Unrest and Collective Bargaining 183

their historical weakness the labor movement in Taiwan did not play a major rolein the democratization processes unlike the Korean labor movement which was acentral player in the process in Korea Consequently post democratization Koreanunions aggressively demonstrated their power through waves of strikes (Chu 1998)that resulted in the formal institutionalization of a new industrial relations regimealong pluralist lines Taiwanrsquos labor movement given its historical weakness did notassert themselves as strongly after democratization although a new labor relationsregime developed thereafter Thus although there was broad similarity in termsof state control of labor in Korea Taiwan and China that similarity ended in the1980s upon democratization in Korea and Taiwan The Chinese labor movementstill remains under state control and the future evolution of both labor unions andcollective bargaining is as we have argued earlier in this paper dependent on CCPrsquosstrategies

Having developed a lsquobaselinersquo taxonomy of collective bargaining how mightfuture research advance our knowledge about collective bargaining in China Mostimportantly we need research (detailed case studies) on how collective bargainingis conducted in different parts of China As Friedman and Kuruvilla (2014) haveargued there is much experimentation and decentralization and more empiricalevidence of these processes are clearly necessary in order to evaluate what worksbest in which locations and why We specifically need more case studies ofauthentic bargaining Second we need analyses of collective bargaining contracts(on both a national and regional scale) in order to determine which are the keyissues of contention between management and labor and how they are changingovertime More research on the various experiments regarding union electionsand the impact of these on bargaining processes and outcomes is a key need aswell Thus there are plenty of opportunities for cutting edge research in collectivebargaining in China and we hope that Chinese management scholars would answerthis call for research into a crucial national human resource issue

NOTES

We thank Manfred Elfstrom and Eli Friedman for comments on an earlier version of this article andthe faculty at Renmin University School of Labor and Human Resources for hosting us[1] There have been various administrative provisions for collective negotiations since 1994 but

legal backing was only granted via the Labor Contract Law beginning in January 2008[2] According to the National Bureau of Statistics (NBS) the term lsquoenterprises above designated

sizersquo points to those industrial legal person enterprises whose yearly main business incomes equalto or are more than 5 million yuan (2009)

[3] The political geography in China divides the country into three levels of bureaucracies below thenational level namely the provincial level the citycounty level and the township level (Note thata village government is not an official bureaucracy but a villagersrsquo self-management organization)However as a legacy of the Kuomintang regime most cities include and administrate severalcounties and therefore the de facto bureaucratic system in China ndash according to which bothofficial unions and governments are structured ndash actually has four levels ie the provincial levelthe city level the countydistrict level and the township level

[4] We admit the possibility that the growing trend may be partially because of a betterdocumentation system now than before

Ccopy 2016 The International Association for Chinese Management Research

184 S Kuruvilla and H Zhang

REFERENCES

Bandurski D 2008 Taxi strikes in China highlight changing press controls China Media Project[Cited 31 March 2015] Available from URL httpcmphkuhk200811121344

Blecher M 1991 Development state entrepreneurial state The political economy of socialist reformin Xinji Municipality and Guanghan County In G White (Ed) The Chinese state in theera of economic reform The road to crisis 265ndash294 Basingstoke Macmillan

Blecher M amp Shue V 1996 Tethered deer Government and economy in a Chinese countyStanford CA Stanford University Press

Brown R 2006 Chinarsquos collective contract provisions Can collective negotiations embody collectivebargaining Duke Journal of Comparative and International Law 35 35ndash77

Cai F 2007 Zhongguo jingji mianlin de zhuanzhe jiqi dui fazhan he gaige de tiaozhan (The turningpoint faced by the Chinese economy and the challenge it presents to development and reform)Zhongguo Shehui Kexue (Social Sciences in China) 2007(3) 4ndash12

Chan A 1993 Revolution or corporatism Workers and trade unions in post-Mao China TheAustralian Journal of Chinese Affairs 29 31ndash61

Chan A 2009 Challenges and possibilities for democratic grassroots union elections in China Acase study of two factory-level elections and their aftermath Labor Studies Journal 34(3)293ndash317

Chan C K C amp Hui E S I 2014 The development of collective bargaining in China Fromlsquocollective bargaining by riotrsquo to lsquoparty state-led wage bargainingrsquo The China Quarterly217(1) 221ndash242

Chan K W 2010 A China paradox Migrant labor shortage amidst rural labor supply abundanceEurasian Geography and Economics 51(4) 513ndash530

Chang K 2013 Laogong guanxi jitihua zhuanxing yu zhengfu laogong zhengce de wanshan (Thecollective transformation of industrial relations and improvement of labor policies) ZhongguoShehui Kexue (Social Sciences in China) 2013(6) 91ndash108

Chen F 2003 Between the state and labour The conflict of Chinese trade unionsrsquo double identityin market reform The China Quarterly 176 1006ndash1028

Chen F 2007 Individual rights and collective rights Laborrsquos predicament in China Communistand Post-Communist Studies 40(1) 59ndash79

Chen F 2010 Trade unions and the quadripartite interactions in strike settlement in China TheChina Quarterly 201 104ndash124

Chu Y W 1998 Labor and democratization in South Korea and Taiwan Journal ofContemporary Asia 28(2) 185ndash202

Clarke S Lee C amp Li Q 2004 Collective consultation and industrial relations in China BritishJournal of Industrial Relations 42(2) 235ndash254

Deyo F C 1987 State and labor Modes of political exclusion in the East Asian development InF C Deyo (Ed) The political economy of the new Asian industrialism Ithaca NYCornell University Press

Eastmoney 2010 Zhixuan gonghui zhihou (After the direct election of the union)[Cited 14 September 2013] Available from URL httpmoneyeastmoneycomnews158320120918251427566html

Eisenhardt K 1989 Building theories from case study research Academy of ManagementReview 14(4) 532ndash550

Elfstrom M amp Kuruvilla S 2014 The changing nature of labor unrest in China Industrial andLabor Relations Review 67(2) 453ndash480

Frenkel S amp Kuruvilla S 2002 Logics of action globalization and changing employment relationsin China India Malaysia and the Philippines Industrial and Labor Relations Review55(3) 387ndash412

Friedman E D 2014a Insurgency trap Labor politics in postsocialist China Ithaca NYCornell University Press

Friedman E D 2014b Economic development and sectoral unions in China Industrial andLabor Relations Review 67(2) 481ndash503

Friedmand E D amp Kuruvilla S 2015 Experimentation and decentralization in Chinese industrialrelations Human Relations 68(2) 181ndash195

Friedman E amp Lee C K 2010 Remaking the world of Chinese labour A 30-year retrospectiveBritish Journal of Industrial Relations 48(3) 507ndash533

Ccopy 2016 The International Association for Chinese Management Research

Labor Unrest and Collective Bargaining 185

Gallagher M E 2005 Contagious capitalism Globalization and the politics of labor inChina Princeton Princeton University Press

Gallagher M E 2010 lsquoWe are not machinesrsquo Teen spirit on Chinarsquos shopfloor China Beat [Cited31 March 2015] Available from URL httpwwwthechinabeatorgp=2538

Gallagher M E amp Dong B 2011 Legislating harmony Labor law reform in contemporaryChina In S Kuruvilla C K Lee amp M E Gallagher (Eds) From iron rice bowl toinformalization Markets workers and the state in a changing China Ch3 IthacaNY Cornell University Press

Gallagher M E 2014 Chinarsquos workers movement and the end of the rapid-growth era Daedalus143(2) 81ndash95

Gould W B 1984 Japanrsquos reshaping of American labor law Cambridge MA MIT PressHashimoto M 1991 The industrial relations system in Japan An interpretation and policy

implications Managerial and Decision Economics 12 147ndash157Howell J A 2006 Reflections on the Chinese state Development and Change 37 273ndash

297Howell J A 2008 All-China Federation of Trades Unions beyond reform The slow march of direct

elections The China Quarterly 196 845ndash863Hu Y 2011 Shenme shi jiti hetong lsquoCaihong Jihuarsquo (What is the collective contract lsquoRainbow Planrsquo)

[Cited 14 September 2013] Available from URL httpwwwhaishang-lawcomArticlezhuanyeyanjiulaodongjiufen2011046155html

Hui E S I 2011 Understanding labour activism The Honda workersrsquo strike In C Scherrer (Ed)Chinarsquos labor questions Ch3 Munchen Mering Germang Rainer Hampp

Hui E S I amp Chan C K C 2014 Beyond the union-centered approach A critical evaluation ofrecent trade union elections in China British Journal of Industrial Relations

Katz H amp Darbishire O 2002 Converging divergences Worldwide changes inemployment systems Ithaca NY Cornell University Press

Katz H C Kochan T A amp Colvin A J S 2014 Labor relations in a global world Anintroduction focused on emerging countries Ithaca NY Cornell University Press

Lee C H 2011 Between the hierarchy and market Emerging mezzo-corporatistindustrial relations in China Unpublished manuscript

Lee C K 2007 Against the law Labor protests in Chinarsquos Rustbelt and Sunbelt BerkeleyUniversity of California Press

Liu M 2010 Union organizing in China Still a monolithic labor movement Industrial andLabor Relations Review 64(1) 30ndash52

Luo S 2011 Collective contracts but no collective bargaining In C Scherrer (Ed) Chinarsquos laborquestions Ch3 Munchen Mering Germang Rainer Hampp

Luthje B 2012 Diverging trajectories Economic rebalancing and labor policiesin China East-West Center Working Paper No 23 [Cited 31 March 2015] Avail-able from URL httpwwweastwestcenterorgpublicationsdiverging-trajectories-economic-rebalancing-and-labor-policies-china

Luthje B Luo S amp Zhang H 2013 Beyond the Iron Rice Bowl Regimes of productionand industrial relations in China Frankfurt amp New York Campus

McAdam D 1999 Political process and the development of Black Insurgency 1930ndash19702nd ed Chicago and London The University of Chicago Press

McDermott E P 2010 Industrial relations in China Ball of Confusion In K Townsend ampA Wilkinson (Eds) Research handbook on work and employment relations Ch16United Kingdom Edward Elgar Publishing

Meng Q 2012 Tanpan youxi zhong de lsquoshuoherenrsquo Yi DLDA qu wei li (The lsquomediatorrsquo in thebargaining game A case of DLDA) Qinghua Shehuixue Pinglun (Tsinghua SociologicalReview) 6 206ndash222

Meng Q Lu J Lei X Wang R amp Chang C 2011 2010 Zhongguo bagongchaodiaocha yu fenxi baogao (Report on the 2010 strike wave in China) Unpublishedmanuscript

OECD 2013 Protecting jobs enhancing flexibility A new look at employment protectionlegislation In OECD Employment Outlook Ch2 [Cited 31 March 2015] Available from URLhttpdxdoiorg101787empl_outlook-2013-en

Oi J 1995 The role of the local state in Chinarsquos transitional Economy The China Quarterly 1441132ndash1149

Ccopy 2016 The International Association for Chinese Management Research

186 S Kuruvilla and H Zhang

Peng M amp Du Q 2010 Quanzong guli tansuo gonghui zhuxi zhixuan (The ACFTUencourages direct elections of union chairs) [Cited 14 September 2013] Available fromURL httpepaperoeeeecomAhtml2010-0911content_1175401htm

Pan P P 2009 Out of Maorsquos shadow The struggle for the soul of a new China New YorkSimon amp Schuster

Rapoza K 2011 In coastal China a labor shortage Forbes [Cited 31 March2015] Available from URL httpwwwforbescomsiteskenrapoza20111220in-coastal-china-a-labor-shortage

Silver B J amp Zhang L 2009 China as an emerging epicenter of world labor unrest In H-F Hung(Ed) China and the transformation of global capitalism Baltimore Johns HopkinsUniversity Press

Stockmann D amp Gallagher M E 2011 Remote control How the media sustain authoritarian rulein China Comparative Political Studies 44(4) 436ndash467

Taylor B Chang K amp Li Q 2003 Industrial relations in China Cheltenham Edward ElgarTaylor B amp Li Q 2007 Is the ACFTU a union and does it matter Journal of Industrial

Relations 49(5) 701ndash715Taylor B amp Li Q 2010 Chinarsquos creative approach to lsquounionrsquo organizing Labor History 51(3)

411ndash428Tarrow S 1998 Power in movement Social movements and contentious politics New

York Cambridge University PressThe China Post 2012 China eyes 13 minimum wage rise in 5 years [Cited 31 March

2015] Available from URL httpwwwchinapostcomtwbusinessasia-china20120209331042China-eyeshtm

The Economist 2012 A dangerous year Unrest in China [Cited 31 March 2015] Available fromURL httpwwweconomistcomnode21543477

Unger J 2002 The transformation of rural China Armonk NY M E SharpeUnger J amp Chan A 1995 China corporatism and the East Asian model The Australian Journal

of Chinese Affairs 1995 29ndash53Venn D 2009 Legislation collective bargaining and enforcement Updating the OECD

employment protection indicators [Cited 31 March 2015] Available from URLhttpwwwoecdorgemploymentemp43116624pdf

Wang Z 2012 More workers staying near home China Daily [Cited 31 March 2015] Available fromURL httpwwwchinadailycomcnchina2012-0428content15166329htm

Warner M amp Ng S H 1999 Collective contracts in Chinese enterprises A new brand of collectivebargaining under lsquomarket Socialismrsquo British Journal of Industrial Relations 37(2) 295ndash314

Webb S amp Webb B 1897 Industrial democracy London New York amp Bombay LongmansGreen amp Co

Wen X amp Lin K 2015 Reconstituting industrial relations The experience of Wenling Journalof Contemporary China 24(94) 665ndash683

Wen X 2013 Gonghui zhixuan Guangdong shijian de jingyan yu jiaoxun (Union directelection Lessons from Guangdong) Paper presented at the 6th Annual Congress ofChina Labor Relations Association of the China Human Resource Development AssociationGuangzhou November 2013

Weston T B 2004 The iron man weeps Joblessness and political legitimacy in the Chinese rustbelt In P H Gries amp S Rosen (Eds) State and society in 21st century China Crisiscontention and legitimation 67ndash86 New York RoutledgeCurzon

Wu Q 2012 Jiti xieshang yu guojia zhudao xiade laodong guanxi zhili (Collective negotiationand state-oriented labor relations governance) Shehuixue Yanjiu (Sociological Studies)2012(3) 66ndash89

Xie Y amp Guo Y 2011 Zhongguo shi gongzi jiti xieshang moshi tansuo Wuhan shi canyin hangyegongzi jiti xieshang diaocha (A survey of collective consultation on wages in the catering industryin Wuhan) Zhongguo Laodong Guanxi Xueyuan Xuebao (Journal of China Instituteof Industrial Relations) 25(6) 54ndash58

Xie Y Chen J Chen P amp Xiao Q 2012 Zhongguo hangye gongzi jiti xieshang xiaoguode shizheng fenxi Yi Wuhan canyin hangye weili (An empirical analysis of industrialbargaining outcomes in China An example from the Wuhan restaurant and catering industry)Jingji Shehui Tizhi Bijiao (Comparative Economic and Social Systems) 2012(5)55ndash67

Ccopy 2016 The International Association for Chinese Management Research

Labor Unrest and Collective Bargaining 187

Xu X 2005 lsquoZiran zhuangtairsquo de gongzi jiti xieshang Zhongguo nanfang mouzhen yangmaoshanhangye gongzi jiti xieshang (Collective consultation and discussion on the wages under thelsquonatural conditionrsquo) Tianjin Gonghui Guanli Ganbu Xueyuan Xuebao (Journal ofTianjin Trade Union Administratorsrsquo College) 13(3) 29ndash32

Zhang H 2014 Informality in Chinarsquos collective bargaining Unpublished Masters thesisCornell University Ithaca NY

Zhang J amp Shi Y 2012 Guanyu hangye jiti xieshang qingkuang de diaocha baogao (Survey onindustrial collective negotiation) Zhongguo Laodong Guanxi Xueyuan Xuebao (Journalof China Institute of Industrial Relations) 26(4) 51ndash57

Sarosh Kuruvilla (sck4cornelledu) is Professor of Industrial RelationsAsian Studies and Public Affairs at Cornell University and Visiting Professor atthe London School of Economics His research focuses on the linkage betweeneconomic development strategies and labor and human resources policies Hehas published numerous articles and 3 books on various aspects of labor relationsin Asia He is currently researching collective bargaining in ChinaHao Zhang (hz256cornelledu) is a PhD student at Cornell UniversityrsquosSchool of Industrial and Labor Relations His primary research focus is laborand employment relations with special attention to China And he has ongoinginterests in globalization development political economy skill formationproduction and work

Manuscript received September 18 2014Final version accepted September 28 2015 (number of revisions ndash 2)Accepted by Editor-in-Chief Arie Lewin

Ccopy 2016 The International Association for Chinese Management Research

  • INTRODUCTION
  • THEORETICAL PERSPECTIVES
    • Worker Militancy
    • State Promotion of Collective Bargaining
    • Variations in Collective Bargaining
    • The Future of Collective Bargaining
      • METHODOLOGY
      • RESULTS
        • Strikes
        • Collective Bargaining
        • Emerging Variation Varieties of Collective Bargaining in China
          • DISCUSSION
            • Moving across Quadrants The Future of Collective Bargaining and The Roles of Unions and Employers
              • CONCLUSION
              • NOTES
              • REFERENCES

Labor Unrest and Collective Bargaining 181

striking more and proactively after 2008 The Chinese state has encouraged thegrowth of collective bargaining although its motivations for doing so could beattributed to different interests such as providing a mechanism to resolve laborconflict or to increase wages in its effort to lsquorebalancersquo the economy a necessarycondition to avoid the middle income trap We argued further that we wouldexpect to see considerable variation in collective bargaining based on the differentialinterests of central and local states who are enjoying more autonomy than theydid in the past And our analysis of the official union (ACFTU) and the crises ofidentity and legitimacy that it faces led us to expect that collective bargaining willbe predominantly inauthentic

The evidence largely supports our expectations Chinese workers are clearlystriking more after 2008 and the numbers of strikes from two different sets of datashow steady increases Collective bargaining has also grown sharply after 2008 butthe key agent charged with the responsibility of increasing bargaining coverage (theACFTU) tends to view it generally as a bureaucratic exercise Hence our findingthat much of the incipient collective bargaining in China hews to the inauthenticside of the continuum We also find considerable variation however in collectivebargaining This variation is attributable to the willingness of the state to allowexperimentation and it would appear that different industrial relations actors ielocal labor bureaucracies local employers and local unions exercise considerablefreedom to develop particular structures

While our taxonomy presents a static picture of collective bargaining in Chinatoday we also highlight how it may change in the future under the presentinstitutional structure We have identified several conditions that are necessary forbargaining arrangements to move towards greater authenticity Specifically eventhough the Chinese state is unlikely to permit workers to affiliate with unions of theirchoice reforms within the ACFTU that move it in the direction of increasing itsrepresentative function is one avenue for change An amendment to the GuangdongProvincial Regulation on Collective Contracts for Enterprises is in our view onepathway to more authentic bargaining The regulation is detailed covering notonly the content and subject matter of collective bargaining but includes extensiveprovisions regarding various aspects of collective negotiations Most crucially theregulation specifies clearly that lsquonegotiation representatives of the employees of thefirm must either be selected by the trade union or democratically elected by thestaff and workersrsquo ndash the first time that democratic elections have been specified inany provincial legislation regarding collective bargaining

However despite the growth and variation that we see and despite the promiseimplicit in the Guangdong regulations overall our paper suggests that collectivebargaining in China is at a very incipient stage At this point in 2015 our initialanalyses would suggest that the institution of collective bargaining in China is moreeffective at increasing wages thereby meeting the statersquos interest in rebalancing theeconomy and less effective in meeting the statersquos alternative interest ie representingworkers adequately so as to reduce industrial conflict

Ccopy 2016 The International Association for Chinese Management Research

182 S Kuruvilla and H Zhang

Under what conditions could collective bargaining meet the statersquos alternativeinterest This requires that Chinese unions overcome their problems of identity andlegitimacy A necessary condition is that the state must be willing to provide theunions with more independence What might bring this about The state wouldbe willing to do so if the legitimacy of the CCP is under threat And that couldhappen if industrial conflict and labor exploitation continue to increase despite thenew laws and union activity

However recent decisions suggest that the state has elected to follow an alternativeapproach of improving bargaining effectiveness with more centralization ratherthan providing local union autonomy In 2014 the ACFTU introduced a newfive-year plan (2014ndash2018) to promote collective bargaining Simultaneously inorder to improve collective bargaining effectiveness the ACFTU has adoptednew guidelines to its locals These include the notion that 100 of the workerscovered under CB should be aware of the bargaining and have provided themwith relatively centralized formats that would permit aggregation of data onwages More importantly in May 2015 the central government and CCP releasedlsquoSuggestions for Establishing Harmonious Labor Relationsrsquo ndash the first time thatharmonious labor relations were promoted at the central level in a special documentThese actions suggest that the CCP has acknowledged the shortcomings of thecurrent collective bargaining system (ie poor implementation poor quality ofagreements and the ACFTUs general inability to represent workers) and thethreat of continued industrial conflict to its own legitimacy but is still leery ofproviding local unions and workers with more autonomy that might result in thesuccessful institutionalization of bargaining

How does the development of Chinese unions and collective bargaininginstitutions compare with other Asian nations We might look to both Taiwanand South Korea for parallels Japan however is less comparable because thepost-war development of both unions and collective bargaining developed intandem with democratization (Gould 1984) and was led by employers whointroduced the famous pillars of lifetime employment seniority based wages andenterprise unions in search of labor stability (Hashimoto 1991) In both Koreaand Taiwan however the export oriented industrialization regimes adopted byauthoritarian governments entailed a high degree of control of labor Ratherlike China today Taiwanrsquos policies then required the unions to be affiliated toone central federation (the Chinese Federation of Labor) which was controlled bythe Kuomintang regime (Deyo 1987) Korea adopted a similar approach with thecreation of the Federation of Korean Trade Unions created by the governmentHowever in contrast to Taiwan (where the workforce was mostly composed oflabor working in agriculture and small scale industries) Korearsquos labor movementeven under authoritarian governments developed a stronger working class identityDeyo (1987) and Chu (1998) argue due to the tradition of nationalist mobilizationagainst the Japanese occupation large sized firms involved in heavy industries andhigh industry concentration Both countries democratized in the late 1980s Given

Ccopy 2016 The International Association for Chinese Management Research

Labor Unrest and Collective Bargaining 183

their historical weakness the labor movement in Taiwan did not play a major rolein the democratization processes unlike the Korean labor movement which was acentral player in the process in Korea Consequently post democratization Koreanunions aggressively demonstrated their power through waves of strikes (Chu 1998)that resulted in the formal institutionalization of a new industrial relations regimealong pluralist lines Taiwanrsquos labor movement given its historical weakness did notassert themselves as strongly after democratization although a new labor relationsregime developed thereafter Thus although there was broad similarity in termsof state control of labor in Korea Taiwan and China that similarity ended in the1980s upon democratization in Korea and Taiwan The Chinese labor movementstill remains under state control and the future evolution of both labor unions andcollective bargaining is as we have argued earlier in this paper dependent on CCPrsquosstrategies

Having developed a lsquobaselinersquo taxonomy of collective bargaining how mightfuture research advance our knowledge about collective bargaining in China Mostimportantly we need research (detailed case studies) on how collective bargainingis conducted in different parts of China As Friedman and Kuruvilla (2014) haveargued there is much experimentation and decentralization and more empiricalevidence of these processes are clearly necessary in order to evaluate what worksbest in which locations and why We specifically need more case studies ofauthentic bargaining Second we need analyses of collective bargaining contracts(on both a national and regional scale) in order to determine which are the keyissues of contention between management and labor and how they are changingovertime More research on the various experiments regarding union electionsand the impact of these on bargaining processes and outcomes is a key need aswell Thus there are plenty of opportunities for cutting edge research in collectivebargaining in China and we hope that Chinese management scholars would answerthis call for research into a crucial national human resource issue

NOTES

We thank Manfred Elfstrom and Eli Friedman for comments on an earlier version of this article andthe faculty at Renmin University School of Labor and Human Resources for hosting us[1] There have been various administrative provisions for collective negotiations since 1994 but

legal backing was only granted via the Labor Contract Law beginning in January 2008[2] According to the National Bureau of Statistics (NBS) the term lsquoenterprises above designated

sizersquo points to those industrial legal person enterprises whose yearly main business incomes equalto or are more than 5 million yuan (2009)

[3] The political geography in China divides the country into three levels of bureaucracies below thenational level namely the provincial level the citycounty level and the township level (Note thata village government is not an official bureaucracy but a villagersrsquo self-management organization)However as a legacy of the Kuomintang regime most cities include and administrate severalcounties and therefore the de facto bureaucratic system in China ndash according to which bothofficial unions and governments are structured ndash actually has four levels ie the provincial levelthe city level the countydistrict level and the township level

[4] We admit the possibility that the growing trend may be partially because of a betterdocumentation system now than before

Ccopy 2016 The International Association for Chinese Management Research

184 S Kuruvilla and H Zhang

REFERENCES

Bandurski D 2008 Taxi strikes in China highlight changing press controls China Media Project[Cited 31 March 2015] Available from URL httpcmphkuhk200811121344

Blecher M 1991 Development state entrepreneurial state The political economy of socialist reformin Xinji Municipality and Guanghan County In G White (Ed) The Chinese state in theera of economic reform The road to crisis 265ndash294 Basingstoke Macmillan

Blecher M amp Shue V 1996 Tethered deer Government and economy in a Chinese countyStanford CA Stanford University Press

Brown R 2006 Chinarsquos collective contract provisions Can collective negotiations embody collectivebargaining Duke Journal of Comparative and International Law 35 35ndash77

Cai F 2007 Zhongguo jingji mianlin de zhuanzhe jiqi dui fazhan he gaige de tiaozhan (The turningpoint faced by the Chinese economy and the challenge it presents to development and reform)Zhongguo Shehui Kexue (Social Sciences in China) 2007(3) 4ndash12

Chan A 1993 Revolution or corporatism Workers and trade unions in post-Mao China TheAustralian Journal of Chinese Affairs 29 31ndash61

Chan A 2009 Challenges and possibilities for democratic grassroots union elections in China Acase study of two factory-level elections and their aftermath Labor Studies Journal 34(3)293ndash317

Chan C K C amp Hui E S I 2014 The development of collective bargaining in China Fromlsquocollective bargaining by riotrsquo to lsquoparty state-led wage bargainingrsquo The China Quarterly217(1) 221ndash242

Chan K W 2010 A China paradox Migrant labor shortage amidst rural labor supply abundanceEurasian Geography and Economics 51(4) 513ndash530

Chang K 2013 Laogong guanxi jitihua zhuanxing yu zhengfu laogong zhengce de wanshan (Thecollective transformation of industrial relations and improvement of labor policies) ZhongguoShehui Kexue (Social Sciences in China) 2013(6) 91ndash108

Chen F 2003 Between the state and labour The conflict of Chinese trade unionsrsquo double identityin market reform The China Quarterly 176 1006ndash1028

Chen F 2007 Individual rights and collective rights Laborrsquos predicament in China Communistand Post-Communist Studies 40(1) 59ndash79

Chen F 2010 Trade unions and the quadripartite interactions in strike settlement in China TheChina Quarterly 201 104ndash124

Chu Y W 1998 Labor and democratization in South Korea and Taiwan Journal ofContemporary Asia 28(2) 185ndash202

Clarke S Lee C amp Li Q 2004 Collective consultation and industrial relations in China BritishJournal of Industrial Relations 42(2) 235ndash254

Deyo F C 1987 State and labor Modes of political exclusion in the East Asian development InF C Deyo (Ed) The political economy of the new Asian industrialism Ithaca NYCornell University Press

Eastmoney 2010 Zhixuan gonghui zhihou (After the direct election of the union)[Cited 14 September 2013] Available from URL httpmoneyeastmoneycomnews158320120918251427566html

Eisenhardt K 1989 Building theories from case study research Academy of ManagementReview 14(4) 532ndash550

Elfstrom M amp Kuruvilla S 2014 The changing nature of labor unrest in China Industrial andLabor Relations Review 67(2) 453ndash480

Frenkel S amp Kuruvilla S 2002 Logics of action globalization and changing employment relationsin China India Malaysia and the Philippines Industrial and Labor Relations Review55(3) 387ndash412

Friedman E D 2014a Insurgency trap Labor politics in postsocialist China Ithaca NYCornell University Press

Friedman E D 2014b Economic development and sectoral unions in China Industrial andLabor Relations Review 67(2) 481ndash503

Friedmand E D amp Kuruvilla S 2015 Experimentation and decentralization in Chinese industrialrelations Human Relations 68(2) 181ndash195

Friedman E amp Lee C K 2010 Remaking the world of Chinese labour A 30-year retrospectiveBritish Journal of Industrial Relations 48(3) 507ndash533

Ccopy 2016 The International Association for Chinese Management Research

Labor Unrest and Collective Bargaining 185

Gallagher M E 2005 Contagious capitalism Globalization and the politics of labor inChina Princeton Princeton University Press

Gallagher M E 2010 lsquoWe are not machinesrsquo Teen spirit on Chinarsquos shopfloor China Beat [Cited31 March 2015] Available from URL httpwwwthechinabeatorgp=2538

Gallagher M E amp Dong B 2011 Legislating harmony Labor law reform in contemporaryChina In S Kuruvilla C K Lee amp M E Gallagher (Eds) From iron rice bowl toinformalization Markets workers and the state in a changing China Ch3 IthacaNY Cornell University Press

Gallagher M E 2014 Chinarsquos workers movement and the end of the rapid-growth era Daedalus143(2) 81ndash95

Gould W B 1984 Japanrsquos reshaping of American labor law Cambridge MA MIT PressHashimoto M 1991 The industrial relations system in Japan An interpretation and policy

implications Managerial and Decision Economics 12 147ndash157Howell J A 2006 Reflections on the Chinese state Development and Change 37 273ndash

297Howell J A 2008 All-China Federation of Trades Unions beyond reform The slow march of direct

elections The China Quarterly 196 845ndash863Hu Y 2011 Shenme shi jiti hetong lsquoCaihong Jihuarsquo (What is the collective contract lsquoRainbow Planrsquo)

[Cited 14 September 2013] Available from URL httpwwwhaishang-lawcomArticlezhuanyeyanjiulaodongjiufen2011046155html

Hui E S I 2011 Understanding labour activism The Honda workersrsquo strike In C Scherrer (Ed)Chinarsquos labor questions Ch3 Munchen Mering Germang Rainer Hampp

Hui E S I amp Chan C K C 2014 Beyond the union-centered approach A critical evaluation ofrecent trade union elections in China British Journal of Industrial Relations

Katz H amp Darbishire O 2002 Converging divergences Worldwide changes inemployment systems Ithaca NY Cornell University Press

Katz H C Kochan T A amp Colvin A J S 2014 Labor relations in a global world Anintroduction focused on emerging countries Ithaca NY Cornell University Press

Lee C H 2011 Between the hierarchy and market Emerging mezzo-corporatistindustrial relations in China Unpublished manuscript

Lee C K 2007 Against the law Labor protests in Chinarsquos Rustbelt and Sunbelt BerkeleyUniversity of California Press

Liu M 2010 Union organizing in China Still a monolithic labor movement Industrial andLabor Relations Review 64(1) 30ndash52

Luo S 2011 Collective contracts but no collective bargaining In C Scherrer (Ed) Chinarsquos laborquestions Ch3 Munchen Mering Germang Rainer Hampp

Luthje B 2012 Diverging trajectories Economic rebalancing and labor policiesin China East-West Center Working Paper No 23 [Cited 31 March 2015] Avail-able from URL httpwwweastwestcenterorgpublicationsdiverging-trajectories-economic-rebalancing-and-labor-policies-china

Luthje B Luo S amp Zhang H 2013 Beyond the Iron Rice Bowl Regimes of productionand industrial relations in China Frankfurt amp New York Campus

McAdam D 1999 Political process and the development of Black Insurgency 1930ndash19702nd ed Chicago and London The University of Chicago Press

McDermott E P 2010 Industrial relations in China Ball of Confusion In K Townsend ampA Wilkinson (Eds) Research handbook on work and employment relations Ch16United Kingdom Edward Elgar Publishing

Meng Q 2012 Tanpan youxi zhong de lsquoshuoherenrsquo Yi DLDA qu wei li (The lsquomediatorrsquo in thebargaining game A case of DLDA) Qinghua Shehuixue Pinglun (Tsinghua SociologicalReview) 6 206ndash222

Meng Q Lu J Lei X Wang R amp Chang C 2011 2010 Zhongguo bagongchaodiaocha yu fenxi baogao (Report on the 2010 strike wave in China) Unpublishedmanuscript

OECD 2013 Protecting jobs enhancing flexibility A new look at employment protectionlegislation In OECD Employment Outlook Ch2 [Cited 31 March 2015] Available from URLhttpdxdoiorg101787empl_outlook-2013-en

Oi J 1995 The role of the local state in Chinarsquos transitional Economy The China Quarterly 1441132ndash1149

Ccopy 2016 The International Association for Chinese Management Research

186 S Kuruvilla and H Zhang

Peng M amp Du Q 2010 Quanzong guli tansuo gonghui zhuxi zhixuan (The ACFTUencourages direct elections of union chairs) [Cited 14 September 2013] Available fromURL httpepaperoeeeecomAhtml2010-0911content_1175401htm

Pan P P 2009 Out of Maorsquos shadow The struggle for the soul of a new China New YorkSimon amp Schuster

Rapoza K 2011 In coastal China a labor shortage Forbes [Cited 31 March2015] Available from URL httpwwwforbescomsiteskenrapoza20111220in-coastal-china-a-labor-shortage

Silver B J amp Zhang L 2009 China as an emerging epicenter of world labor unrest In H-F Hung(Ed) China and the transformation of global capitalism Baltimore Johns HopkinsUniversity Press

Stockmann D amp Gallagher M E 2011 Remote control How the media sustain authoritarian rulein China Comparative Political Studies 44(4) 436ndash467

Taylor B Chang K amp Li Q 2003 Industrial relations in China Cheltenham Edward ElgarTaylor B amp Li Q 2007 Is the ACFTU a union and does it matter Journal of Industrial

Relations 49(5) 701ndash715Taylor B amp Li Q 2010 Chinarsquos creative approach to lsquounionrsquo organizing Labor History 51(3)

411ndash428Tarrow S 1998 Power in movement Social movements and contentious politics New

York Cambridge University PressThe China Post 2012 China eyes 13 minimum wage rise in 5 years [Cited 31 March

2015] Available from URL httpwwwchinapostcomtwbusinessasia-china20120209331042China-eyeshtm

The Economist 2012 A dangerous year Unrest in China [Cited 31 March 2015] Available fromURL httpwwweconomistcomnode21543477

Unger J 2002 The transformation of rural China Armonk NY M E SharpeUnger J amp Chan A 1995 China corporatism and the East Asian model The Australian Journal

of Chinese Affairs 1995 29ndash53Venn D 2009 Legislation collective bargaining and enforcement Updating the OECD

employment protection indicators [Cited 31 March 2015] Available from URLhttpwwwoecdorgemploymentemp43116624pdf

Wang Z 2012 More workers staying near home China Daily [Cited 31 March 2015] Available fromURL httpwwwchinadailycomcnchina2012-0428content15166329htm

Warner M amp Ng S H 1999 Collective contracts in Chinese enterprises A new brand of collectivebargaining under lsquomarket Socialismrsquo British Journal of Industrial Relations 37(2) 295ndash314

Webb S amp Webb B 1897 Industrial democracy London New York amp Bombay LongmansGreen amp Co

Wen X amp Lin K 2015 Reconstituting industrial relations The experience of Wenling Journalof Contemporary China 24(94) 665ndash683

Wen X 2013 Gonghui zhixuan Guangdong shijian de jingyan yu jiaoxun (Union directelection Lessons from Guangdong) Paper presented at the 6th Annual Congress ofChina Labor Relations Association of the China Human Resource Development AssociationGuangzhou November 2013

Weston T B 2004 The iron man weeps Joblessness and political legitimacy in the Chinese rustbelt In P H Gries amp S Rosen (Eds) State and society in 21st century China Crisiscontention and legitimation 67ndash86 New York RoutledgeCurzon

Wu Q 2012 Jiti xieshang yu guojia zhudao xiade laodong guanxi zhili (Collective negotiationand state-oriented labor relations governance) Shehuixue Yanjiu (Sociological Studies)2012(3) 66ndash89

Xie Y amp Guo Y 2011 Zhongguo shi gongzi jiti xieshang moshi tansuo Wuhan shi canyin hangyegongzi jiti xieshang diaocha (A survey of collective consultation on wages in the catering industryin Wuhan) Zhongguo Laodong Guanxi Xueyuan Xuebao (Journal of China Instituteof Industrial Relations) 25(6) 54ndash58

Xie Y Chen J Chen P amp Xiao Q 2012 Zhongguo hangye gongzi jiti xieshang xiaoguode shizheng fenxi Yi Wuhan canyin hangye weili (An empirical analysis of industrialbargaining outcomes in China An example from the Wuhan restaurant and catering industry)Jingji Shehui Tizhi Bijiao (Comparative Economic and Social Systems) 2012(5)55ndash67

Ccopy 2016 The International Association for Chinese Management Research

Labor Unrest and Collective Bargaining 187

Xu X 2005 lsquoZiran zhuangtairsquo de gongzi jiti xieshang Zhongguo nanfang mouzhen yangmaoshanhangye gongzi jiti xieshang (Collective consultation and discussion on the wages under thelsquonatural conditionrsquo) Tianjin Gonghui Guanli Ganbu Xueyuan Xuebao (Journal ofTianjin Trade Union Administratorsrsquo College) 13(3) 29ndash32

Zhang H 2014 Informality in Chinarsquos collective bargaining Unpublished Masters thesisCornell University Ithaca NY

Zhang J amp Shi Y 2012 Guanyu hangye jiti xieshang qingkuang de diaocha baogao (Survey onindustrial collective negotiation) Zhongguo Laodong Guanxi Xueyuan Xuebao (Journalof China Institute of Industrial Relations) 26(4) 51ndash57

Sarosh Kuruvilla (sck4cornelledu) is Professor of Industrial RelationsAsian Studies and Public Affairs at Cornell University and Visiting Professor atthe London School of Economics His research focuses on the linkage betweeneconomic development strategies and labor and human resources policies Hehas published numerous articles and 3 books on various aspects of labor relationsin Asia He is currently researching collective bargaining in ChinaHao Zhang (hz256cornelledu) is a PhD student at Cornell UniversityrsquosSchool of Industrial and Labor Relations His primary research focus is laborand employment relations with special attention to China And he has ongoinginterests in globalization development political economy skill formationproduction and work

Manuscript received September 18 2014Final version accepted September 28 2015 (number of revisions ndash 2)Accepted by Editor-in-Chief Arie Lewin

Ccopy 2016 The International Association for Chinese Management Research

  • INTRODUCTION
  • THEORETICAL PERSPECTIVES
    • Worker Militancy
    • State Promotion of Collective Bargaining
    • Variations in Collective Bargaining
    • The Future of Collective Bargaining
      • METHODOLOGY
      • RESULTS
        • Strikes
        • Collective Bargaining
        • Emerging Variation Varieties of Collective Bargaining in China
          • DISCUSSION
            • Moving across Quadrants The Future of Collective Bargaining and The Roles of Unions and Employers
              • CONCLUSION
              • NOTES
              • REFERENCES

182 S Kuruvilla and H Zhang

Under what conditions could collective bargaining meet the statersquos alternativeinterest This requires that Chinese unions overcome their problems of identity andlegitimacy A necessary condition is that the state must be willing to provide theunions with more independence What might bring this about The state wouldbe willing to do so if the legitimacy of the CCP is under threat And that couldhappen if industrial conflict and labor exploitation continue to increase despite thenew laws and union activity

However recent decisions suggest that the state has elected to follow an alternativeapproach of improving bargaining effectiveness with more centralization ratherthan providing local union autonomy In 2014 the ACFTU introduced a newfive-year plan (2014ndash2018) to promote collective bargaining Simultaneously inorder to improve collective bargaining effectiveness the ACFTU has adoptednew guidelines to its locals These include the notion that 100 of the workerscovered under CB should be aware of the bargaining and have provided themwith relatively centralized formats that would permit aggregation of data onwages More importantly in May 2015 the central government and CCP releasedlsquoSuggestions for Establishing Harmonious Labor Relationsrsquo ndash the first time thatharmonious labor relations were promoted at the central level in a special documentThese actions suggest that the CCP has acknowledged the shortcomings of thecurrent collective bargaining system (ie poor implementation poor quality ofagreements and the ACFTUs general inability to represent workers) and thethreat of continued industrial conflict to its own legitimacy but is still leery ofproviding local unions and workers with more autonomy that might result in thesuccessful institutionalization of bargaining

How does the development of Chinese unions and collective bargaininginstitutions compare with other Asian nations We might look to both Taiwanand South Korea for parallels Japan however is less comparable because thepost-war development of both unions and collective bargaining developed intandem with democratization (Gould 1984) and was led by employers whointroduced the famous pillars of lifetime employment seniority based wages andenterprise unions in search of labor stability (Hashimoto 1991) In both Koreaand Taiwan however the export oriented industrialization regimes adopted byauthoritarian governments entailed a high degree of control of labor Ratherlike China today Taiwanrsquos policies then required the unions to be affiliated toone central federation (the Chinese Federation of Labor) which was controlled bythe Kuomintang regime (Deyo 1987) Korea adopted a similar approach with thecreation of the Federation of Korean Trade Unions created by the governmentHowever in contrast to Taiwan (where the workforce was mostly composed oflabor working in agriculture and small scale industries) Korearsquos labor movementeven under authoritarian governments developed a stronger working class identityDeyo (1987) and Chu (1998) argue due to the tradition of nationalist mobilizationagainst the Japanese occupation large sized firms involved in heavy industries andhigh industry concentration Both countries democratized in the late 1980s Given

Ccopy 2016 The International Association for Chinese Management Research

Labor Unrest and Collective Bargaining 183

their historical weakness the labor movement in Taiwan did not play a major rolein the democratization processes unlike the Korean labor movement which was acentral player in the process in Korea Consequently post democratization Koreanunions aggressively demonstrated their power through waves of strikes (Chu 1998)that resulted in the formal institutionalization of a new industrial relations regimealong pluralist lines Taiwanrsquos labor movement given its historical weakness did notassert themselves as strongly after democratization although a new labor relationsregime developed thereafter Thus although there was broad similarity in termsof state control of labor in Korea Taiwan and China that similarity ended in the1980s upon democratization in Korea and Taiwan The Chinese labor movementstill remains under state control and the future evolution of both labor unions andcollective bargaining is as we have argued earlier in this paper dependent on CCPrsquosstrategies

Having developed a lsquobaselinersquo taxonomy of collective bargaining how mightfuture research advance our knowledge about collective bargaining in China Mostimportantly we need research (detailed case studies) on how collective bargainingis conducted in different parts of China As Friedman and Kuruvilla (2014) haveargued there is much experimentation and decentralization and more empiricalevidence of these processes are clearly necessary in order to evaluate what worksbest in which locations and why We specifically need more case studies ofauthentic bargaining Second we need analyses of collective bargaining contracts(on both a national and regional scale) in order to determine which are the keyissues of contention between management and labor and how they are changingovertime More research on the various experiments regarding union electionsand the impact of these on bargaining processes and outcomes is a key need aswell Thus there are plenty of opportunities for cutting edge research in collectivebargaining in China and we hope that Chinese management scholars would answerthis call for research into a crucial national human resource issue

NOTES

We thank Manfred Elfstrom and Eli Friedman for comments on an earlier version of this article andthe faculty at Renmin University School of Labor and Human Resources for hosting us[1] There have been various administrative provisions for collective negotiations since 1994 but

legal backing was only granted via the Labor Contract Law beginning in January 2008[2] According to the National Bureau of Statistics (NBS) the term lsquoenterprises above designated

sizersquo points to those industrial legal person enterprises whose yearly main business incomes equalto or are more than 5 million yuan (2009)

[3] The political geography in China divides the country into three levels of bureaucracies below thenational level namely the provincial level the citycounty level and the township level (Note thata village government is not an official bureaucracy but a villagersrsquo self-management organization)However as a legacy of the Kuomintang regime most cities include and administrate severalcounties and therefore the de facto bureaucratic system in China ndash according to which bothofficial unions and governments are structured ndash actually has four levels ie the provincial levelthe city level the countydistrict level and the township level

[4] We admit the possibility that the growing trend may be partially because of a betterdocumentation system now than before

Ccopy 2016 The International Association for Chinese Management Research

184 S Kuruvilla and H Zhang

REFERENCES

Bandurski D 2008 Taxi strikes in China highlight changing press controls China Media Project[Cited 31 March 2015] Available from URL httpcmphkuhk200811121344

Blecher M 1991 Development state entrepreneurial state The political economy of socialist reformin Xinji Municipality and Guanghan County In G White (Ed) The Chinese state in theera of economic reform The road to crisis 265ndash294 Basingstoke Macmillan

Blecher M amp Shue V 1996 Tethered deer Government and economy in a Chinese countyStanford CA Stanford University Press

Brown R 2006 Chinarsquos collective contract provisions Can collective negotiations embody collectivebargaining Duke Journal of Comparative and International Law 35 35ndash77

Cai F 2007 Zhongguo jingji mianlin de zhuanzhe jiqi dui fazhan he gaige de tiaozhan (The turningpoint faced by the Chinese economy and the challenge it presents to development and reform)Zhongguo Shehui Kexue (Social Sciences in China) 2007(3) 4ndash12

Chan A 1993 Revolution or corporatism Workers and trade unions in post-Mao China TheAustralian Journal of Chinese Affairs 29 31ndash61

Chan A 2009 Challenges and possibilities for democratic grassroots union elections in China Acase study of two factory-level elections and their aftermath Labor Studies Journal 34(3)293ndash317

Chan C K C amp Hui E S I 2014 The development of collective bargaining in China Fromlsquocollective bargaining by riotrsquo to lsquoparty state-led wage bargainingrsquo The China Quarterly217(1) 221ndash242

Chan K W 2010 A China paradox Migrant labor shortage amidst rural labor supply abundanceEurasian Geography and Economics 51(4) 513ndash530

Chang K 2013 Laogong guanxi jitihua zhuanxing yu zhengfu laogong zhengce de wanshan (Thecollective transformation of industrial relations and improvement of labor policies) ZhongguoShehui Kexue (Social Sciences in China) 2013(6) 91ndash108

Chen F 2003 Between the state and labour The conflict of Chinese trade unionsrsquo double identityin market reform The China Quarterly 176 1006ndash1028

Chen F 2007 Individual rights and collective rights Laborrsquos predicament in China Communistand Post-Communist Studies 40(1) 59ndash79

Chen F 2010 Trade unions and the quadripartite interactions in strike settlement in China TheChina Quarterly 201 104ndash124

Chu Y W 1998 Labor and democratization in South Korea and Taiwan Journal ofContemporary Asia 28(2) 185ndash202

Clarke S Lee C amp Li Q 2004 Collective consultation and industrial relations in China BritishJournal of Industrial Relations 42(2) 235ndash254

Deyo F C 1987 State and labor Modes of political exclusion in the East Asian development InF C Deyo (Ed) The political economy of the new Asian industrialism Ithaca NYCornell University Press

Eastmoney 2010 Zhixuan gonghui zhihou (After the direct election of the union)[Cited 14 September 2013] Available from URL httpmoneyeastmoneycomnews158320120918251427566html

Eisenhardt K 1989 Building theories from case study research Academy of ManagementReview 14(4) 532ndash550

Elfstrom M amp Kuruvilla S 2014 The changing nature of labor unrest in China Industrial andLabor Relations Review 67(2) 453ndash480

Frenkel S amp Kuruvilla S 2002 Logics of action globalization and changing employment relationsin China India Malaysia and the Philippines Industrial and Labor Relations Review55(3) 387ndash412

Friedman E D 2014a Insurgency trap Labor politics in postsocialist China Ithaca NYCornell University Press

Friedman E D 2014b Economic development and sectoral unions in China Industrial andLabor Relations Review 67(2) 481ndash503

Friedmand E D amp Kuruvilla S 2015 Experimentation and decentralization in Chinese industrialrelations Human Relations 68(2) 181ndash195

Friedman E amp Lee C K 2010 Remaking the world of Chinese labour A 30-year retrospectiveBritish Journal of Industrial Relations 48(3) 507ndash533

Ccopy 2016 The International Association for Chinese Management Research

Labor Unrest and Collective Bargaining 185

Gallagher M E 2005 Contagious capitalism Globalization and the politics of labor inChina Princeton Princeton University Press

Gallagher M E 2010 lsquoWe are not machinesrsquo Teen spirit on Chinarsquos shopfloor China Beat [Cited31 March 2015] Available from URL httpwwwthechinabeatorgp=2538

Gallagher M E amp Dong B 2011 Legislating harmony Labor law reform in contemporaryChina In S Kuruvilla C K Lee amp M E Gallagher (Eds) From iron rice bowl toinformalization Markets workers and the state in a changing China Ch3 IthacaNY Cornell University Press

Gallagher M E 2014 Chinarsquos workers movement and the end of the rapid-growth era Daedalus143(2) 81ndash95

Gould W B 1984 Japanrsquos reshaping of American labor law Cambridge MA MIT PressHashimoto M 1991 The industrial relations system in Japan An interpretation and policy

implications Managerial and Decision Economics 12 147ndash157Howell J A 2006 Reflections on the Chinese state Development and Change 37 273ndash

297Howell J A 2008 All-China Federation of Trades Unions beyond reform The slow march of direct

elections The China Quarterly 196 845ndash863Hu Y 2011 Shenme shi jiti hetong lsquoCaihong Jihuarsquo (What is the collective contract lsquoRainbow Planrsquo)

[Cited 14 September 2013] Available from URL httpwwwhaishang-lawcomArticlezhuanyeyanjiulaodongjiufen2011046155html

Hui E S I 2011 Understanding labour activism The Honda workersrsquo strike In C Scherrer (Ed)Chinarsquos labor questions Ch3 Munchen Mering Germang Rainer Hampp

Hui E S I amp Chan C K C 2014 Beyond the union-centered approach A critical evaluation ofrecent trade union elections in China British Journal of Industrial Relations

Katz H amp Darbishire O 2002 Converging divergences Worldwide changes inemployment systems Ithaca NY Cornell University Press

Katz H C Kochan T A amp Colvin A J S 2014 Labor relations in a global world Anintroduction focused on emerging countries Ithaca NY Cornell University Press

Lee C H 2011 Between the hierarchy and market Emerging mezzo-corporatistindustrial relations in China Unpublished manuscript

Lee C K 2007 Against the law Labor protests in Chinarsquos Rustbelt and Sunbelt BerkeleyUniversity of California Press

Liu M 2010 Union organizing in China Still a monolithic labor movement Industrial andLabor Relations Review 64(1) 30ndash52

Luo S 2011 Collective contracts but no collective bargaining In C Scherrer (Ed) Chinarsquos laborquestions Ch3 Munchen Mering Germang Rainer Hampp

Luthje B 2012 Diverging trajectories Economic rebalancing and labor policiesin China East-West Center Working Paper No 23 [Cited 31 March 2015] Avail-able from URL httpwwweastwestcenterorgpublicationsdiverging-trajectories-economic-rebalancing-and-labor-policies-china

Luthje B Luo S amp Zhang H 2013 Beyond the Iron Rice Bowl Regimes of productionand industrial relations in China Frankfurt amp New York Campus

McAdam D 1999 Political process and the development of Black Insurgency 1930ndash19702nd ed Chicago and London The University of Chicago Press

McDermott E P 2010 Industrial relations in China Ball of Confusion In K Townsend ampA Wilkinson (Eds) Research handbook on work and employment relations Ch16United Kingdom Edward Elgar Publishing

Meng Q 2012 Tanpan youxi zhong de lsquoshuoherenrsquo Yi DLDA qu wei li (The lsquomediatorrsquo in thebargaining game A case of DLDA) Qinghua Shehuixue Pinglun (Tsinghua SociologicalReview) 6 206ndash222

Meng Q Lu J Lei X Wang R amp Chang C 2011 2010 Zhongguo bagongchaodiaocha yu fenxi baogao (Report on the 2010 strike wave in China) Unpublishedmanuscript

OECD 2013 Protecting jobs enhancing flexibility A new look at employment protectionlegislation In OECD Employment Outlook Ch2 [Cited 31 March 2015] Available from URLhttpdxdoiorg101787empl_outlook-2013-en

Oi J 1995 The role of the local state in Chinarsquos transitional Economy The China Quarterly 1441132ndash1149

Ccopy 2016 The International Association for Chinese Management Research

186 S Kuruvilla and H Zhang

Peng M amp Du Q 2010 Quanzong guli tansuo gonghui zhuxi zhixuan (The ACFTUencourages direct elections of union chairs) [Cited 14 September 2013] Available fromURL httpepaperoeeeecomAhtml2010-0911content_1175401htm

Pan P P 2009 Out of Maorsquos shadow The struggle for the soul of a new China New YorkSimon amp Schuster

Rapoza K 2011 In coastal China a labor shortage Forbes [Cited 31 March2015] Available from URL httpwwwforbescomsiteskenrapoza20111220in-coastal-china-a-labor-shortage

Silver B J amp Zhang L 2009 China as an emerging epicenter of world labor unrest In H-F Hung(Ed) China and the transformation of global capitalism Baltimore Johns HopkinsUniversity Press

Stockmann D amp Gallagher M E 2011 Remote control How the media sustain authoritarian rulein China Comparative Political Studies 44(4) 436ndash467

Taylor B Chang K amp Li Q 2003 Industrial relations in China Cheltenham Edward ElgarTaylor B amp Li Q 2007 Is the ACFTU a union and does it matter Journal of Industrial

Relations 49(5) 701ndash715Taylor B amp Li Q 2010 Chinarsquos creative approach to lsquounionrsquo organizing Labor History 51(3)

411ndash428Tarrow S 1998 Power in movement Social movements and contentious politics New

York Cambridge University PressThe China Post 2012 China eyes 13 minimum wage rise in 5 years [Cited 31 March

2015] Available from URL httpwwwchinapostcomtwbusinessasia-china20120209331042China-eyeshtm

The Economist 2012 A dangerous year Unrest in China [Cited 31 March 2015] Available fromURL httpwwweconomistcomnode21543477

Unger J 2002 The transformation of rural China Armonk NY M E SharpeUnger J amp Chan A 1995 China corporatism and the East Asian model The Australian Journal

of Chinese Affairs 1995 29ndash53Venn D 2009 Legislation collective bargaining and enforcement Updating the OECD

employment protection indicators [Cited 31 March 2015] Available from URLhttpwwwoecdorgemploymentemp43116624pdf

Wang Z 2012 More workers staying near home China Daily [Cited 31 March 2015] Available fromURL httpwwwchinadailycomcnchina2012-0428content15166329htm

Warner M amp Ng S H 1999 Collective contracts in Chinese enterprises A new brand of collectivebargaining under lsquomarket Socialismrsquo British Journal of Industrial Relations 37(2) 295ndash314

Webb S amp Webb B 1897 Industrial democracy London New York amp Bombay LongmansGreen amp Co

Wen X amp Lin K 2015 Reconstituting industrial relations The experience of Wenling Journalof Contemporary China 24(94) 665ndash683

Wen X 2013 Gonghui zhixuan Guangdong shijian de jingyan yu jiaoxun (Union directelection Lessons from Guangdong) Paper presented at the 6th Annual Congress ofChina Labor Relations Association of the China Human Resource Development AssociationGuangzhou November 2013

Weston T B 2004 The iron man weeps Joblessness and political legitimacy in the Chinese rustbelt In P H Gries amp S Rosen (Eds) State and society in 21st century China Crisiscontention and legitimation 67ndash86 New York RoutledgeCurzon

Wu Q 2012 Jiti xieshang yu guojia zhudao xiade laodong guanxi zhili (Collective negotiationand state-oriented labor relations governance) Shehuixue Yanjiu (Sociological Studies)2012(3) 66ndash89

Xie Y amp Guo Y 2011 Zhongguo shi gongzi jiti xieshang moshi tansuo Wuhan shi canyin hangyegongzi jiti xieshang diaocha (A survey of collective consultation on wages in the catering industryin Wuhan) Zhongguo Laodong Guanxi Xueyuan Xuebao (Journal of China Instituteof Industrial Relations) 25(6) 54ndash58

Xie Y Chen J Chen P amp Xiao Q 2012 Zhongguo hangye gongzi jiti xieshang xiaoguode shizheng fenxi Yi Wuhan canyin hangye weili (An empirical analysis of industrialbargaining outcomes in China An example from the Wuhan restaurant and catering industry)Jingji Shehui Tizhi Bijiao (Comparative Economic and Social Systems) 2012(5)55ndash67

Ccopy 2016 The International Association for Chinese Management Research

Labor Unrest and Collective Bargaining 187

Xu X 2005 lsquoZiran zhuangtairsquo de gongzi jiti xieshang Zhongguo nanfang mouzhen yangmaoshanhangye gongzi jiti xieshang (Collective consultation and discussion on the wages under thelsquonatural conditionrsquo) Tianjin Gonghui Guanli Ganbu Xueyuan Xuebao (Journal ofTianjin Trade Union Administratorsrsquo College) 13(3) 29ndash32

Zhang H 2014 Informality in Chinarsquos collective bargaining Unpublished Masters thesisCornell University Ithaca NY

Zhang J amp Shi Y 2012 Guanyu hangye jiti xieshang qingkuang de diaocha baogao (Survey onindustrial collective negotiation) Zhongguo Laodong Guanxi Xueyuan Xuebao (Journalof China Institute of Industrial Relations) 26(4) 51ndash57

Sarosh Kuruvilla (sck4cornelledu) is Professor of Industrial RelationsAsian Studies and Public Affairs at Cornell University and Visiting Professor atthe London School of Economics His research focuses on the linkage betweeneconomic development strategies and labor and human resources policies Hehas published numerous articles and 3 books on various aspects of labor relationsin Asia He is currently researching collective bargaining in ChinaHao Zhang (hz256cornelledu) is a PhD student at Cornell UniversityrsquosSchool of Industrial and Labor Relations His primary research focus is laborand employment relations with special attention to China And he has ongoinginterests in globalization development political economy skill formationproduction and work

Manuscript received September 18 2014Final version accepted September 28 2015 (number of revisions ndash 2)Accepted by Editor-in-Chief Arie Lewin

Ccopy 2016 The International Association for Chinese Management Research

  • INTRODUCTION
  • THEORETICAL PERSPECTIVES
    • Worker Militancy
    • State Promotion of Collective Bargaining
    • Variations in Collective Bargaining
    • The Future of Collective Bargaining
      • METHODOLOGY
      • RESULTS
        • Strikes
        • Collective Bargaining
        • Emerging Variation Varieties of Collective Bargaining in China
          • DISCUSSION
            • Moving across Quadrants The Future of Collective Bargaining and The Roles of Unions and Employers
              • CONCLUSION
              • NOTES
              • REFERENCES

Labor Unrest and Collective Bargaining 183

their historical weakness the labor movement in Taiwan did not play a major rolein the democratization processes unlike the Korean labor movement which was acentral player in the process in Korea Consequently post democratization Koreanunions aggressively demonstrated their power through waves of strikes (Chu 1998)that resulted in the formal institutionalization of a new industrial relations regimealong pluralist lines Taiwanrsquos labor movement given its historical weakness did notassert themselves as strongly after democratization although a new labor relationsregime developed thereafter Thus although there was broad similarity in termsof state control of labor in Korea Taiwan and China that similarity ended in the1980s upon democratization in Korea and Taiwan The Chinese labor movementstill remains under state control and the future evolution of both labor unions andcollective bargaining is as we have argued earlier in this paper dependent on CCPrsquosstrategies

Having developed a lsquobaselinersquo taxonomy of collective bargaining how mightfuture research advance our knowledge about collective bargaining in China Mostimportantly we need research (detailed case studies) on how collective bargainingis conducted in different parts of China As Friedman and Kuruvilla (2014) haveargued there is much experimentation and decentralization and more empiricalevidence of these processes are clearly necessary in order to evaluate what worksbest in which locations and why We specifically need more case studies ofauthentic bargaining Second we need analyses of collective bargaining contracts(on both a national and regional scale) in order to determine which are the keyissues of contention between management and labor and how they are changingovertime More research on the various experiments regarding union electionsand the impact of these on bargaining processes and outcomes is a key need aswell Thus there are plenty of opportunities for cutting edge research in collectivebargaining in China and we hope that Chinese management scholars would answerthis call for research into a crucial national human resource issue

NOTES

We thank Manfred Elfstrom and Eli Friedman for comments on an earlier version of this article andthe faculty at Renmin University School of Labor and Human Resources for hosting us[1] There have been various administrative provisions for collective negotiations since 1994 but

legal backing was only granted via the Labor Contract Law beginning in January 2008[2] According to the National Bureau of Statistics (NBS) the term lsquoenterprises above designated

sizersquo points to those industrial legal person enterprises whose yearly main business incomes equalto or are more than 5 million yuan (2009)

[3] The political geography in China divides the country into three levels of bureaucracies below thenational level namely the provincial level the citycounty level and the township level (Note thata village government is not an official bureaucracy but a villagersrsquo self-management organization)However as a legacy of the Kuomintang regime most cities include and administrate severalcounties and therefore the de facto bureaucratic system in China ndash according to which bothofficial unions and governments are structured ndash actually has four levels ie the provincial levelthe city level the countydistrict level and the township level

[4] We admit the possibility that the growing trend may be partially because of a betterdocumentation system now than before

Ccopy 2016 The International Association for Chinese Management Research

184 S Kuruvilla and H Zhang

REFERENCES

Bandurski D 2008 Taxi strikes in China highlight changing press controls China Media Project[Cited 31 March 2015] Available from URL httpcmphkuhk200811121344

Blecher M 1991 Development state entrepreneurial state The political economy of socialist reformin Xinji Municipality and Guanghan County In G White (Ed) The Chinese state in theera of economic reform The road to crisis 265ndash294 Basingstoke Macmillan

Blecher M amp Shue V 1996 Tethered deer Government and economy in a Chinese countyStanford CA Stanford University Press

Brown R 2006 Chinarsquos collective contract provisions Can collective negotiations embody collectivebargaining Duke Journal of Comparative and International Law 35 35ndash77

Cai F 2007 Zhongguo jingji mianlin de zhuanzhe jiqi dui fazhan he gaige de tiaozhan (The turningpoint faced by the Chinese economy and the challenge it presents to development and reform)Zhongguo Shehui Kexue (Social Sciences in China) 2007(3) 4ndash12

Chan A 1993 Revolution or corporatism Workers and trade unions in post-Mao China TheAustralian Journal of Chinese Affairs 29 31ndash61

Chan A 2009 Challenges and possibilities for democratic grassroots union elections in China Acase study of two factory-level elections and their aftermath Labor Studies Journal 34(3)293ndash317

Chan C K C amp Hui E S I 2014 The development of collective bargaining in China Fromlsquocollective bargaining by riotrsquo to lsquoparty state-led wage bargainingrsquo The China Quarterly217(1) 221ndash242

Chan K W 2010 A China paradox Migrant labor shortage amidst rural labor supply abundanceEurasian Geography and Economics 51(4) 513ndash530

Chang K 2013 Laogong guanxi jitihua zhuanxing yu zhengfu laogong zhengce de wanshan (Thecollective transformation of industrial relations and improvement of labor policies) ZhongguoShehui Kexue (Social Sciences in China) 2013(6) 91ndash108

Chen F 2003 Between the state and labour The conflict of Chinese trade unionsrsquo double identityin market reform The China Quarterly 176 1006ndash1028

Chen F 2007 Individual rights and collective rights Laborrsquos predicament in China Communistand Post-Communist Studies 40(1) 59ndash79

Chen F 2010 Trade unions and the quadripartite interactions in strike settlement in China TheChina Quarterly 201 104ndash124

Chu Y W 1998 Labor and democratization in South Korea and Taiwan Journal ofContemporary Asia 28(2) 185ndash202

Clarke S Lee C amp Li Q 2004 Collective consultation and industrial relations in China BritishJournal of Industrial Relations 42(2) 235ndash254

Deyo F C 1987 State and labor Modes of political exclusion in the East Asian development InF C Deyo (Ed) The political economy of the new Asian industrialism Ithaca NYCornell University Press

Eastmoney 2010 Zhixuan gonghui zhihou (After the direct election of the union)[Cited 14 September 2013] Available from URL httpmoneyeastmoneycomnews158320120918251427566html

Eisenhardt K 1989 Building theories from case study research Academy of ManagementReview 14(4) 532ndash550

Elfstrom M amp Kuruvilla S 2014 The changing nature of labor unrest in China Industrial andLabor Relations Review 67(2) 453ndash480

Frenkel S amp Kuruvilla S 2002 Logics of action globalization and changing employment relationsin China India Malaysia and the Philippines Industrial and Labor Relations Review55(3) 387ndash412

Friedman E D 2014a Insurgency trap Labor politics in postsocialist China Ithaca NYCornell University Press

Friedman E D 2014b Economic development and sectoral unions in China Industrial andLabor Relations Review 67(2) 481ndash503

Friedmand E D amp Kuruvilla S 2015 Experimentation and decentralization in Chinese industrialrelations Human Relations 68(2) 181ndash195

Friedman E amp Lee C K 2010 Remaking the world of Chinese labour A 30-year retrospectiveBritish Journal of Industrial Relations 48(3) 507ndash533

Ccopy 2016 The International Association for Chinese Management Research

Labor Unrest and Collective Bargaining 185

Gallagher M E 2005 Contagious capitalism Globalization and the politics of labor inChina Princeton Princeton University Press

Gallagher M E 2010 lsquoWe are not machinesrsquo Teen spirit on Chinarsquos shopfloor China Beat [Cited31 March 2015] Available from URL httpwwwthechinabeatorgp=2538

Gallagher M E amp Dong B 2011 Legislating harmony Labor law reform in contemporaryChina In S Kuruvilla C K Lee amp M E Gallagher (Eds) From iron rice bowl toinformalization Markets workers and the state in a changing China Ch3 IthacaNY Cornell University Press

Gallagher M E 2014 Chinarsquos workers movement and the end of the rapid-growth era Daedalus143(2) 81ndash95

Gould W B 1984 Japanrsquos reshaping of American labor law Cambridge MA MIT PressHashimoto M 1991 The industrial relations system in Japan An interpretation and policy

implications Managerial and Decision Economics 12 147ndash157Howell J A 2006 Reflections on the Chinese state Development and Change 37 273ndash

297Howell J A 2008 All-China Federation of Trades Unions beyond reform The slow march of direct

elections The China Quarterly 196 845ndash863Hu Y 2011 Shenme shi jiti hetong lsquoCaihong Jihuarsquo (What is the collective contract lsquoRainbow Planrsquo)

[Cited 14 September 2013] Available from URL httpwwwhaishang-lawcomArticlezhuanyeyanjiulaodongjiufen2011046155html

Hui E S I 2011 Understanding labour activism The Honda workersrsquo strike In C Scherrer (Ed)Chinarsquos labor questions Ch3 Munchen Mering Germang Rainer Hampp

Hui E S I amp Chan C K C 2014 Beyond the union-centered approach A critical evaluation ofrecent trade union elections in China British Journal of Industrial Relations

Katz H amp Darbishire O 2002 Converging divergences Worldwide changes inemployment systems Ithaca NY Cornell University Press

Katz H C Kochan T A amp Colvin A J S 2014 Labor relations in a global world Anintroduction focused on emerging countries Ithaca NY Cornell University Press

Lee C H 2011 Between the hierarchy and market Emerging mezzo-corporatistindustrial relations in China Unpublished manuscript

Lee C K 2007 Against the law Labor protests in Chinarsquos Rustbelt and Sunbelt BerkeleyUniversity of California Press

Liu M 2010 Union organizing in China Still a monolithic labor movement Industrial andLabor Relations Review 64(1) 30ndash52

Luo S 2011 Collective contracts but no collective bargaining In C Scherrer (Ed) Chinarsquos laborquestions Ch3 Munchen Mering Germang Rainer Hampp

Luthje B 2012 Diverging trajectories Economic rebalancing and labor policiesin China East-West Center Working Paper No 23 [Cited 31 March 2015] Avail-able from URL httpwwweastwestcenterorgpublicationsdiverging-trajectories-economic-rebalancing-and-labor-policies-china

Luthje B Luo S amp Zhang H 2013 Beyond the Iron Rice Bowl Regimes of productionand industrial relations in China Frankfurt amp New York Campus

McAdam D 1999 Political process and the development of Black Insurgency 1930ndash19702nd ed Chicago and London The University of Chicago Press

McDermott E P 2010 Industrial relations in China Ball of Confusion In K Townsend ampA Wilkinson (Eds) Research handbook on work and employment relations Ch16United Kingdom Edward Elgar Publishing

Meng Q 2012 Tanpan youxi zhong de lsquoshuoherenrsquo Yi DLDA qu wei li (The lsquomediatorrsquo in thebargaining game A case of DLDA) Qinghua Shehuixue Pinglun (Tsinghua SociologicalReview) 6 206ndash222

Meng Q Lu J Lei X Wang R amp Chang C 2011 2010 Zhongguo bagongchaodiaocha yu fenxi baogao (Report on the 2010 strike wave in China) Unpublishedmanuscript

OECD 2013 Protecting jobs enhancing flexibility A new look at employment protectionlegislation In OECD Employment Outlook Ch2 [Cited 31 March 2015] Available from URLhttpdxdoiorg101787empl_outlook-2013-en

Oi J 1995 The role of the local state in Chinarsquos transitional Economy The China Quarterly 1441132ndash1149

Ccopy 2016 The International Association for Chinese Management Research

186 S Kuruvilla and H Zhang

Peng M amp Du Q 2010 Quanzong guli tansuo gonghui zhuxi zhixuan (The ACFTUencourages direct elections of union chairs) [Cited 14 September 2013] Available fromURL httpepaperoeeeecomAhtml2010-0911content_1175401htm

Pan P P 2009 Out of Maorsquos shadow The struggle for the soul of a new China New YorkSimon amp Schuster

Rapoza K 2011 In coastal China a labor shortage Forbes [Cited 31 March2015] Available from URL httpwwwforbescomsiteskenrapoza20111220in-coastal-china-a-labor-shortage

Silver B J amp Zhang L 2009 China as an emerging epicenter of world labor unrest In H-F Hung(Ed) China and the transformation of global capitalism Baltimore Johns HopkinsUniversity Press

Stockmann D amp Gallagher M E 2011 Remote control How the media sustain authoritarian rulein China Comparative Political Studies 44(4) 436ndash467

Taylor B Chang K amp Li Q 2003 Industrial relations in China Cheltenham Edward ElgarTaylor B amp Li Q 2007 Is the ACFTU a union and does it matter Journal of Industrial

Relations 49(5) 701ndash715Taylor B amp Li Q 2010 Chinarsquos creative approach to lsquounionrsquo organizing Labor History 51(3)

411ndash428Tarrow S 1998 Power in movement Social movements and contentious politics New

York Cambridge University PressThe China Post 2012 China eyes 13 minimum wage rise in 5 years [Cited 31 March

2015] Available from URL httpwwwchinapostcomtwbusinessasia-china20120209331042China-eyeshtm

The Economist 2012 A dangerous year Unrest in China [Cited 31 March 2015] Available fromURL httpwwweconomistcomnode21543477

Unger J 2002 The transformation of rural China Armonk NY M E SharpeUnger J amp Chan A 1995 China corporatism and the East Asian model The Australian Journal

of Chinese Affairs 1995 29ndash53Venn D 2009 Legislation collective bargaining and enforcement Updating the OECD

employment protection indicators [Cited 31 March 2015] Available from URLhttpwwwoecdorgemploymentemp43116624pdf

Wang Z 2012 More workers staying near home China Daily [Cited 31 March 2015] Available fromURL httpwwwchinadailycomcnchina2012-0428content15166329htm

Warner M amp Ng S H 1999 Collective contracts in Chinese enterprises A new brand of collectivebargaining under lsquomarket Socialismrsquo British Journal of Industrial Relations 37(2) 295ndash314

Webb S amp Webb B 1897 Industrial democracy London New York amp Bombay LongmansGreen amp Co

Wen X amp Lin K 2015 Reconstituting industrial relations The experience of Wenling Journalof Contemporary China 24(94) 665ndash683

Wen X 2013 Gonghui zhixuan Guangdong shijian de jingyan yu jiaoxun (Union directelection Lessons from Guangdong) Paper presented at the 6th Annual Congress ofChina Labor Relations Association of the China Human Resource Development AssociationGuangzhou November 2013

Weston T B 2004 The iron man weeps Joblessness and political legitimacy in the Chinese rustbelt In P H Gries amp S Rosen (Eds) State and society in 21st century China Crisiscontention and legitimation 67ndash86 New York RoutledgeCurzon

Wu Q 2012 Jiti xieshang yu guojia zhudao xiade laodong guanxi zhili (Collective negotiationand state-oriented labor relations governance) Shehuixue Yanjiu (Sociological Studies)2012(3) 66ndash89

Xie Y amp Guo Y 2011 Zhongguo shi gongzi jiti xieshang moshi tansuo Wuhan shi canyin hangyegongzi jiti xieshang diaocha (A survey of collective consultation on wages in the catering industryin Wuhan) Zhongguo Laodong Guanxi Xueyuan Xuebao (Journal of China Instituteof Industrial Relations) 25(6) 54ndash58

Xie Y Chen J Chen P amp Xiao Q 2012 Zhongguo hangye gongzi jiti xieshang xiaoguode shizheng fenxi Yi Wuhan canyin hangye weili (An empirical analysis of industrialbargaining outcomes in China An example from the Wuhan restaurant and catering industry)Jingji Shehui Tizhi Bijiao (Comparative Economic and Social Systems) 2012(5)55ndash67

Ccopy 2016 The International Association for Chinese Management Research

Labor Unrest and Collective Bargaining 187

Xu X 2005 lsquoZiran zhuangtairsquo de gongzi jiti xieshang Zhongguo nanfang mouzhen yangmaoshanhangye gongzi jiti xieshang (Collective consultation and discussion on the wages under thelsquonatural conditionrsquo) Tianjin Gonghui Guanli Ganbu Xueyuan Xuebao (Journal ofTianjin Trade Union Administratorsrsquo College) 13(3) 29ndash32

Zhang H 2014 Informality in Chinarsquos collective bargaining Unpublished Masters thesisCornell University Ithaca NY

Zhang J amp Shi Y 2012 Guanyu hangye jiti xieshang qingkuang de diaocha baogao (Survey onindustrial collective negotiation) Zhongguo Laodong Guanxi Xueyuan Xuebao (Journalof China Institute of Industrial Relations) 26(4) 51ndash57

Sarosh Kuruvilla (sck4cornelledu) is Professor of Industrial RelationsAsian Studies and Public Affairs at Cornell University and Visiting Professor atthe London School of Economics His research focuses on the linkage betweeneconomic development strategies and labor and human resources policies Hehas published numerous articles and 3 books on various aspects of labor relationsin Asia He is currently researching collective bargaining in ChinaHao Zhang (hz256cornelledu) is a PhD student at Cornell UniversityrsquosSchool of Industrial and Labor Relations His primary research focus is laborand employment relations with special attention to China And he has ongoinginterests in globalization development political economy skill formationproduction and work

Manuscript received September 18 2014Final version accepted September 28 2015 (number of revisions ndash 2)Accepted by Editor-in-Chief Arie Lewin

Ccopy 2016 The International Association for Chinese Management Research

  • INTRODUCTION
  • THEORETICAL PERSPECTIVES
    • Worker Militancy
    • State Promotion of Collective Bargaining
    • Variations in Collective Bargaining
    • The Future of Collective Bargaining
      • METHODOLOGY
      • RESULTS
        • Strikes
        • Collective Bargaining
        • Emerging Variation Varieties of Collective Bargaining in China
          • DISCUSSION
            • Moving across Quadrants The Future of Collective Bargaining and The Roles of Unions and Employers
              • CONCLUSION
              • NOTES
              • REFERENCES

184 S Kuruvilla and H Zhang

REFERENCES

Bandurski D 2008 Taxi strikes in China highlight changing press controls China Media Project[Cited 31 March 2015] Available from URL httpcmphkuhk200811121344

Blecher M 1991 Development state entrepreneurial state The political economy of socialist reformin Xinji Municipality and Guanghan County In G White (Ed) The Chinese state in theera of economic reform The road to crisis 265ndash294 Basingstoke Macmillan

Blecher M amp Shue V 1996 Tethered deer Government and economy in a Chinese countyStanford CA Stanford University Press

Brown R 2006 Chinarsquos collective contract provisions Can collective negotiations embody collectivebargaining Duke Journal of Comparative and International Law 35 35ndash77

Cai F 2007 Zhongguo jingji mianlin de zhuanzhe jiqi dui fazhan he gaige de tiaozhan (The turningpoint faced by the Chinese economy and the challenge it presents to development and reform)Zhongguo Shehui Kexue (Social Sciences in China) 2007(3) 4ndash12

Chan A 1993 Revolution or corporatism Workers and trade unions in post-Mao China TheAustralian Journal of Chinese Affairs 29 31ndash61

Chan A 2009 Challenges and possibilities for democratic grassroots union elections in China Acase study of two factory-level elections and their aftermath Labor Studies Journal 34(3)293ndash317

Chan C K C amp Hui E S I 2014 The development of collective bargaining in China Fromlsquocollective bargaining by riotrsquo to lsquoparty state-led wage bargainingrsquo The China Quarterly217(1) 221ndash242

Chan K W 2010 A China paradox Migrant labor shortage amidst rural labor supply abundanceEurasian Geography and Economics 51(4) 513ndash530

Chang K 2013 Laogong guanxi jitihua zhuanxing yu zhengfu laogong zhengce de wanshan (Thecollective transformation of industrial relations and improvement of labor policies) ZhongguoShehui Kexue (Social Sciences in China) 2013(6) 91ndash108

Chen F 2003 Between the state and labour The conflict of Chinese trade unionsrsquo double identityin market reform The China Quarterly 176 1006ndash1028

Chen F 2007 Individual rights and collective rights Laborrsquos predicament in China Communistand Post-Communist Studies 40(1) 59ndash79

Chen F 2010 Trade unions and the quadripartite interactions in strike settlement in China TheChina Quarterly 201 104ndash124

Chu Y W 1998 Labor and democratization in South Korea and Taiwan Journal ofContemporary Asia 28(2) 185ndash202

Clarke S Lee C amp Li Q 2004 Collective consultation and industrial relations in China BritishJournal of Industrial Relations 42(2) 235ndash254

Deyo F C 1987 State and labor Modes of political exclusion in the East Asian development InF C Deyo (Ed) The political economy of the new Asian industrialism Ithaca NYCornell University Press

Eastmoney 2010 Zhixuan gonghui zhihou (After the direct election of the union)[Cited 14 September 2013] Available from URL httpmoneyeastmoneycomnews158320120918251427566html

Eisenhardt K 1989 Building theories from case study research Academy of ManagementReview 14(4) 532ndash550

Elfstrom M amp Kuruvilla S 2014 The changing nature of labor unrest in China Industrial andLabor Relations Review 67(2) 453ndash480

Frenkel S amp Kuruvilla S 2002 Logics of action globalization and changing employment relationsin China India Malaysia and the Philippines Industrial and Labor Relations Review55(3) 387ndash412

Friedman E D 2014a Insurgency trap Labor politics in postsocialist China Ithaca NYCornell University Press

Friedman E D 2014b Economic development and sectoral unions in China Industrial andLabor Relations Review 67(2) 481ndash503

Friedmand E D amp Kuruvilla S 2015 Experimentation and decentralization in Chinese industrialrelations Human Relations 68(2) 181ndash195

Friedman E amp Lee C K 2010 Remaking the world of Chinese labour A 30-year retrospectiveBritish Journal of Industrial Relations 48(3) 507ndash533

Ccopy 2016 The International Association for Chinese Management Research

Labor Unrest and Collective Bargaining 185

Gallagher M E 2005 Contagious capitalism Globalization and the politics of labor inChina Princeton Princeton University Press

Gallagher M E 2010 lsquoWe are not machinesrsquo Teen spirit on Chinarsquos shopfloor China Beat [Cited31 March 2015] Available from URL httpwwwthechinabeatorgp=2538

Gallagher M E amp Dong B 2011 Legislating harmony Labor law reform in contemporaryChina In S Kuruvilla C K Lee amp M E Gallagher (Eds) From iron rice bowl toinformalization Markets workers and the state in a changing China Ch3 IthacaNY Cornell University Press

Gallagher M E 2014 Chinarsquos workers movement and the end of the rapid-growth era Daedalus143(2) 81ndash95

Gould W B 1984 Japanrsquos reshaping of American labor law Cambridge MA MIT PressHashimoto M 1991 The industrial relations system in Japan An interpretation and policy

implications Managerial and Decision Economics 12 147ndash157Howell J A 2006 Reflections on the Chinese state Development and Change 37 273ndash

297Howell J A 2008 All-China Federation of Trades Unions beyond reform The slow march of direct

elections The China Quarterly 196 845ndash863Hu Y 2011 Shenme shi jiti hetong lsquoCaihong Jihuarsquo (What is the collective contract lsquoRainbow Planrsquo)

[Cited 14 September 2013] Available from URL httpwwwhaishang-lawcomArticlezhuanyeyanjiulaodongjiufen2011046155html

Hui E S I 2011 Understanding labour activism The Honda workersrsquo strike In C Scherrer (Ed)Chinarsquos labor questions Ch3 Munchen Mering Germang Rainer Hampp

Hui E S I amp Chan C K C 2014 Beyond the union-centered approach A critical evaluation ofrecent trade union elections in China British Journal of Industrial Relations

Katz H amp Darbishire O 2002 Converging divergences Worldwide changes inemployment systems Ithaca NY Cornell University Press

Katz H C Kochan T A amp Colvin A J S 2014 Labor relations in a global world Anintroduction focused on emerging countries Ithaca NY Cornell University Press

Lee C H 2011 Between the hierarchy and market Emerging mezzo-corporatistindustrial relations in China Unpublished manuscript

Lee C K 2007 Against the law Labor protests in Chinarsquos Rustbelt and Sunbelt BerkeleyUniversity of California Press

Liu M 2010 Union organizing in China Still a monolithic labor movement Industrial andLabor Relations Review 64(1) 30ndash52

Luo S 2011 Collective contracts but no collective bargaining In C Scherrer (Ed) Chinarsquos laborquestions Ch3 Munchen Mering Germang Rainer Hampp

Luthje B 2012 Diverging trajectories Economic rebalancing and labor policiesin China East-West Center Working Paper No 23 [Cited 31 March 2015] Avail-able from URL httpwwweastwestcenterorgpublicationsdiverging-trajectories-economic-rebalancing-and-labor-policies-china

Luthje B Luo S amp Zhang H 2013 Beyond the Iron Rice Bowl Regimes of productionand industrial relations in China Frankfurt amp New York Campus

McAdam D 1999 Political process and the development of Black Insurgency 1930ndash19702nd ed Chicago and London The University of Chicago Press

McDermott E P 2010 Industrial relations in China Ball of Confusion In K Townsend ampA Wilkinson (Eds) Research handbook on work and employment relations Ch16United Kingdom Edward Elgar Publishing

Meng Q 2012 Tanpan youxi zhong de lsquoshuoherenrsquo Yi DLDA qu wei li (The lsquomediatorrsquo in thebargaining game A case of DLDA) Qinghua Shehuixue Pinglun (Tsinghua SociologicalReview) 6 206ndash222

Meng Q Lu J Lei X Wang R amp Chang C 2011 2010 Zhongguo bagongchaodiaocha yu fenxi baogao (Report on the 2010 strike wave in China) Unpublishedmanuscript

OECD 2013 Protecting jobs enhancing flexibility A new look at employment protectionlegislation In OECD Employment Outlook Ch2 [Cited 31 March 2015] Available from URLhttpdxdoiorg101787empl_outlook-2013-en

Oi J 1995 The role of the local state in Chinarsquos transitional Economy The China Quarterly 1441132ndash1149

Ccopy 2016 The International Association for Chinese Management Research

186 S Kuruvilla and H Zhang

Peng M amp Du Q 2010 Quanzong guli tansuo gonghui zhuxi zhixuan (The ACFTUencourages direct elections of union chairs) [Cited 14 September 2013] Available fromURL httpepaperoeeeecomAhtml2010-0911content_1175401htm

Pan P P 2009 Out of Maorsquos shadow The struggle for the soul of a new China New YorkSimon amp Schuster

Rapoza K 2011 In coastal China a labor shortage Forbes [Cited 31 March2015] Available from URL httpwwwforbescomsiteskenrapoza20111220in-coastal-china-a-labor-shortage

Silver B J amp Zhang L 2009 China as an emerging epicenter of world labor unrest In H-F Hung(Ed) China and the transformation of global capitalism Baltimore Johns HopkinsUniversity Press

Stockmann D amp Gallagher M E 2011 Remote control How the media sustain authoritarian rulein China Comparative Political Studies 44(4) 436ndash467

Taylor B Chang K amp Li Q 2003 Industrial relations in China Cheltenham Edward ElgarTaylor B amp Li Q 2007 Is the ACFTU a union and does it matter Journal of Industrial

Relations 49(5) 701ndash715Taylor B amp Li Q 2010 Chinarsquos creative approach to lsquounionrsquo organizing Labor History 51(3)

411ndash428Tarrow S 1998 Power in movement Social movements and contentious politics New

York Cambridge University PressThe China Post 2012 China eyes 13 minimum wage rise in 5 years [Cited 31 March

2015] Available from URL httpwwwchinapostcomtwbusinessasia-china20120209331042China-eyeshtm

The Economist 2012 A dangerous year Unrest in China [Cited 31 March 2015] Available fromURL httpwwweconomistcomnode21543477

Unger J 2002 The transformation of rural China Armonk NY M E SharpeUnger J amp Chan A 1995 China corporatism and the East Asian model The Australian Journal

of Chinese Affairs 1995 29ndash53Venn D 2009 Legislation collective bargaining and enforcement Updating the OECD

employment protection indicators [Cited 31 March 2015] Available from URLhttpwwwoecdorgemploymentemp43116624pdf

Wang Z 2012 More workers staying near home China Daily [Cited 31 March 2015] Available fromURL httpwwwchinadailycomcnchina2012-0428content15166329htm

Warner M amp Ng S H 1999 Collective contracts in Chinese enterprises A new brand of collectivebargaining under lsquomarket Socialismrsquo British Journal of Industrial Relations 37(2) 295ndash314

Webb S amp Webb B 1897 Industrial democracy London New York amp Bombay LongmansGreen amp Co

Wen X amp Lin K 2015 Reconstituting industrial relations The experience of Wenling Journalof Contemporary China 24(94) 665ndash683

Wen X 2013 Gonghui zhixuan Guangdong shijian de jingyan yu jiaoxun (Union directelection Lessons from Guangdong) Paper presented at the 6th Annual Congress ofChina Labor Relations Association of the China Human Resource Development AssociationGuangzhou November 2013

Weston T B 2004 The iron man weeps Joblessness and political legitimacy in the Chinese rustbelt In P H Gries amp S Rosen (Eds) State and society in 21st century China Crisiscontention and legitimation 67ndash86 New York RoutledgeCurzon

Wu Q 2012 Jiti xieshang yu guojia zhudao xiade laodong guanxi zhili (Collective negotiationand state-oriented labor relations governance) Shehuixue Yanjiu (Sociological Studies)2012(3) 66ndash89

Xie Y amp Guo Y 2011 Zhongguo shi gongzi jiti xieshang moshi tansuo Wuhan shi canyin hangyegongzi jiti xieshang diaocha (A survey of collective consultation on wages in the catering industryin Wuhan) Zhongguo Laodong Guanxi Xueyuan Xuebao (Journal of China Instituteof Industrial Relations) 25(6) 54ndash58

Xie Y Chen J Chen P amp Xiao Q 2012 Zhongguo hangye gongzi jiti xieshang xiaoguode shizheng fenxi Yi Wuhan canyin hangye weili (An empirical analysis of industrialbargaining outcomes in China An example from the Wuhan restaurant and catering industry)Jingji Shehui Tizhi Bijiao (Comparative Economic and Social Systems) 2012(5)55ndash67

Ccopy 2016 The International Association for Chinese Management Research

Labor Unrest and Collective Bargaining 187

Xu X 2005 lsquoZiran zhuangtairsquo de gongzi jiti xieshang Zhongguo nanfang mouzhen yangmaoshanhangye gongzi jiti xieshang (Collective consultation and discussion on the wages under thelsquonatural conditionrsquo) Tianjin Gonghui Guanli Ganbu Xueyuan Xuebao (Journal ofTianjin Trade Union Administratorsrsquo College) 13(3) 29ndash32

Zhang H 2014 Informality in Chinarsquos collective bargaining Unpublished Masters thesisCornell University Ithaca NY

Zhang J amp Shi Y 2012 Guanyu hangye jiti xieshang qingkuang de diaocha baogao (Survey onindustrial collective negotiation) Zhongguo Laodong Guanxi Xueyuan Xuebao (Journalof China Institute of Industrial Relations) 26(4) 51ndash57

Sarosh Kuruvilla (sck4cornelledu) is Professor of Industrial RelationsAsian Studies and Public Affairs at Cornell University and Visiting Professor atthe London School of Economics His research focuses on the linkage betweeneconomic development strategies and labor and human resources policies Hehas published numerous articles and 3 books on various aspects of labor relationsin Asia He is currently researching collective bargaining in ChinaHao Zhang (hz256cornelledu) is a PhD student at Cornell UniversityrsquosSchool of Industrial and Labor Relations His primary research focus is laborand employment relations with special attention to China And he has ongoinginterests in globalization development political economy skill formationproduction and work

Manuscript received September 18 2014Final version accepted September 28 2015 (number of revisions ndash 2)Accepted by Editor-in-Chief Arie Lewin

Ccopy 2016 The International Association for Chinese Management Research

  • INTRODUCTION
  • THEORETICAL PERSPECTIVES
    • Worker Militancy
    • State Promotion of Collective Bargaining
    • Variations in Collective Bargaining
    • The Future of Collective Bargaining
      • METHODOLOGY
      • RESULTS
        • Strikes
        • Collective Bargaining
        • Emerging Variation Varieties of Collective Bargaining in China
          • DISCUSSION
            • Moving across Quadrants The Future of Collective Bargaining and The Roles of Unions and Employers
              • CONCLUSION
              • NOTES
              • REFERENCES

Labor Unrest and Collective Bargaining 185

Gallagher M E 2005 Contagious capitalism Globalization and the politics of labor inChina Princeton Princeton University Press

Gallagher M E 2010 lsquoWe are not machinesrsquo Teen spirit on Chinarsquos shopfloor China Beat [Cited31 March 2015] Available from URL httpwwwthechinabeatorgp=2538

Gallagher M E amp Dong B 2011 Legislating harmony Labor law reform in contemporaryChina In S Kuruvilla C K Lee amp M E Gallagher (Eds) From iron rice bowl toinformalization Markets workers and the state in a changing China Ch3 IthacaNY Cornell University Press

Gallagher M E 2014 Chinarsquos workers movement and the end of the rapid-growth era Daedalus143(2) 81ndash95

Gould W B 1984 Japanrsquos reshaping of American labor law Cambridge MA MIT PressHashimoto M 1991 The industrial relations system in Japan An interpretation and policy

implications Managerial and Decision Economics 12 147ndash157Howell J A 2006 Reflections on the Chinese state Development and Change 37 273ndash

297Howell J A 2008 All-China Federation of Trades Unions beyond reform The slow march of direct

elections The China Quarterly 196 845ndash863Hu Y 2011 Shenme shi jiti hetong lsquoCaihong Jihuarsquo (What is the collective contract lsquoRainbow Planrsquo)

[Cited 14 September 2013] Available from URL httpwwwhaishang-lawcomArticlezhuanyeyanjiulaodongjiufen2011046155html

Hui E S I 2011 Understanding labour activism The Honda workersrsquo strike In C Scherrer (Ed)Chinarsquos labor questions Ch3 Munchen Mering Germang Rainer Hampp

Hui E S I amp Chan C K C 2014 Beyond the union-centered approach A critical evaluation ofrecent trade union elections in China British Journal of Industrial Relations

Katz H amp Darbishire O 2002 Converging divergences Worldwide changes inemployment systems Ithaca NY Cornell University Press

Katz H C Kochan T A amp Colvin A J S 2014 Labor relations in a global world Anintroduction focused on emerging countries Ithaca NY Cornell University Press

Lee C H 2011 Between the hierarchy and market Emerging mezzo-corporatistindustrial relations in China Unpublished manuscript

Lee C K 2007 Against the law Labor protests in Chinarsquos Rustbelt and Sunbelt BerkeleyUniversity of California Press

Liu M 2010 Union organizing in China Still a monolithic labor movement Industrial andLabor Relations Review 64(1) 30ndash52

Luo S 2011 Collective contracts but no collective bargaining In C Scherrer (Ed) Chinarsquos laborquestions Ch3 Munchen Mering Germang Rainer Hampp

Luthje B 2012 Diverging trajectories Economic rebalancing and labor policiesin China East-West Center Working Paper No 23 [Cited 31 March 2015] Avail-able from URL httpwwweastwestcenterorgpublicationsdiverging-trajectories-economic-rebalancing-and-labor-policies-china

Luthje B Luo S amp Zhang H 2013 Beyond the Iron Rice Bowl Regimes of productionand industrial relations in China Frankfurt amp New York Campus

McAdam D 1999 Political process and the development of Black Insurgency 1930ndash19702nd ed Chicago and London The University of Chicago Press

McDermott E P 2010 Industrial relations in China Ball of Confusion In K Townsend ampA Wilkinson (Eds) Research handbook on work and employment relations Ch16United Kingdom Edward Elgar Publishing

Meng Q 2012 Tanpan youxi zhong de lsquoshuoherenrsquo Yi DLDA qu wei li (The lsquomediatorrsquo in thebargaining game A case of DLDA) Qinghua Shehuixue Pinglun (Tsinghua SociologicalReview) 6 206ndash222

Meng Q Lu J Lei X Wang R amp Chang C 2011 2010 Zhongguo bagongchaodiaocha yu fenxi baogao (Report on the 2010 strike wave in China) Unpublishedmanuscript

OECD 2013 Protecting jobs enhancing flexibility A new look at employment protectionlegislation In OECD Employment Outlook Ch2 [Cited 31 March 2015] Available from URLhttpdxdoiorg101787empl_outlook-2013-en

Oi J 1995 The role of the local state in Chinarsquos transitional Economy The China Quarterly 1441132ndash1149

Ccopy 2016 The International Association for Chinese Management Research

186 S Kuruvilla and H Zhang

Peng M amp Du Q 2010 Quanzong guli tansuo gonghui zhuxi zhixuan (The ACFTUencourages direct elections of union chairs) [Cited 14 September 2013] Available fromURL httpepaperoeeeecomAhtml2010-0911content_1175401htm

Pan P P 2009 Out of Maorsquos shadow The struggle for the soul of a new China New YorkSimon amp Schuster

Rapoza K 2011 In coastal China a labor shortage Forbes [Cited 31 March2015] Available from URL httpwwwforbescomsiteskenrapoza20111220in-coastal-china-a-labor-shortage

Silver B J amp Zhang L 2009 China as an emerging epicenter of world labor unrest In H-F Hung(Ed) China and the transformation of global capitalism Baltimore Johns HopkinsUniversity Press

Stockmann D amp Gallagher M E 2011 Remote control How the media sustain authoritarian rulein China Comparative Political Studies 44(4) 436ndash467

Taylor B Chang K amp Li Q 2003 Industrial relations in China Cheltenham Edward ElgarTaylor B amp Li Q 2007 Is the ACFTU a union and does it matter Journal of Industrial

Relations 49(5) 701ndash715Taylor B amp Li Q 2010 Chinarsquos creative approach to lsquounionrsquo organizing Labor History 51(3)

411ndash428Tarrow S 1998 Power in movement Social movements and contentious politics New

York Cambridge University PressThe China Post 2012 China eyes 13 minimum wage rise in 5 years [Cited 31 March

2015] Available from URL httpwwwchinapostcomtwbusinessasia-china20120209331042China-eyeshtm

The Economist 2012 A dangerous year Unrest in China [Cited 31 March 2015] Available fromURL httpwwweconomistcomnode21543477

Unger J 2002 The transformation of rural China Armonk NY M E SharpeUnger J amp Chan A 1995 China corporatism and the East Asian model The Australian Journal

of Chinese Affairs 1995 29ndash53Venn D 2009 Legislation collective bargaining and enforcement Updating the OECD

employment protection indicators [Cited 31 March 2015] Available from URLhttpwwwoecdorgemploymentemp43116624pdf

Wang Z 2012 More workers staying near home China Daily [Cited 31 March 2015] Available fromURL httpwwwchinadailycomcnchina2012-0428content15166329htm

Warner M amp Ng S H 1999 Collective contracts in Chinese enterprises A new brand of collectivebargaining under lsquomarket Socialismrsquo British Journal of Industrial Relations 37(2) 295ndash314

Webb S amp Webb B 1897 Industrial democracy London New York amp Bombay LongmansGreen amp Co

Wen X amp Lin K 2015 Reconstituting industrial relations The experience of Wenling Journalof Contemporary China 24(94) 665ndash683

Wen X 2013 Gonghui zhixuan Guangdong shijian de jingyan yu jiaoxun (Union directelection Lessons from Guangdong) Paper presented at the 6th Annual Congress ofChina Labor Relations Association of the China Human Resource Development AssociationGuangzhou November 2013

Weston T B 2004 The iron man weeps Joblessness and political legitimacy in the Chinese rustbelt In P H Gries amp S Rosen (Eds) State and society in 21st century China Crisiscontention and legitimation 67ndash86 New York RoutledgeCurzon

Wu Q 2012 Jiti xieshang yu guojia zhudao xiade laodong guanxi zhili (Collective negotiationand state-oriented labor relations governance) Shehuixue Yanjiu (Sociological Studies)2012(3) 66ndash89

Xie Y amp Guo Y 2011 Zhongguo shi gongzi jiti xieshang moshi tansuo Wuhan shi canyin hangyegongzi jiti xieshang diaocha (A survey of collective consultation on wages in the catering industryin Wuhan) Zhongguo Laodong Guanxi Xueyuan Xuebao (Journal of China Instituteof Industrial Relations) 25(6) 54ndash58

Xie Y Chen J Chen P amp Xiao Q 2012 Zhongguo hangye gongzi jiti xieshang xiaoguode shizheng fenxi Yi Wuhan canyin hangye weili (An empirical analysis of industrialbargaining outcomes in China An example from the Wuhan restaurant and catering industry)Jingji Shehui Tizhi Bijiao (Comparative Economic and Social Systems) 2012(5)55ndash67

Ccopy 2016 The International Association for Chinese Management Research

Labor Unrest and Collective Bargaining 187

Xu X 2005 lsquoZiran zhuangtairsquo de gongzi jiti xieshang Zhongguo nanfang mouzhen yangmaoshanhangye gongzi jiti xieshang (Collective consultation and discussion on the wages under thelsquonatural conditionrsquo) Tianjin Gonghui Guanli Ganbu Xueyuan Xuebao (Journal ofTianjin Trade Union Administratorsrsquo College) 13(3) 29ndash32

Zhang H 2014 Informality in Chinarsquos collective bargaining Unpublished Masters thesisCornell University Ithaca NY

Zhang J amp Shi Y 2012 Guanyu hangye jiti xieshang qingkuang de diaocha baogao (Survey onindustrial collective negotiation) Zhongguo Laodong Guanxi Xueyuan Xuebao (Journalof China Institute of Industrial Relations) 26(4) 51ndash57

Sarosh Kuruvilla (sck4cornelledu) is Professor of Industrial RelationsAsian Studies and Public Affairs at Cornell University and Visiting Professor atthe London School of Economics His research focuses on the linkage betweeneconomic development strategies and labor and human resources policies Hehas published numerous articles and 3 books on various aspects of labor relationsin Asia He is currently researching collective bargaining in ChinaHao Zhang (hz256cornelledu) is a PhD student at Cornell UniversityrsquosSchool of Industrial and Labor Relations His primary research focus is laborand employment relations with special attention to China And he has ongoinginterests in globalization development political economy skill formationproduction and work

Manuscript received September 18 2014Final version accepted September 28 2015 (number of revisions ndash 2)Accepted by Editor-in-Chief Arie Lewin

Ccopy 2016 The International Association for Chinese Management Research

  • INTRODUCTION
  • THEORETICAL PERSPECTIVES
    • Worker Militancy
    • State Promotion of Collective Bargaining
    • Variations in Collective Bargaining
    • The Future of Collective Bargaining
      • METHODOLOGY
      • RESULTS
        • Strikes
        • Collective Bargaining
        • Emerging Variation Varieties of Collective Bargaining in China
          • DISCUSSION
            • Moving across Quadrants The Future of Collective Bargaining and The Roles of Unions and Employers
              • CONCLUSION
              • NOTES
              • REFERENCES

186 S Kuruvilla and H Zhang

Peng M amp Du Q 2010 Quanzong guli tansuo gonghui zhuxi zhixuan (The ACFTUencourages direct elections of union chairs) [Cited 14 September 2013] Available fromURL httpepaperoeeeecomAhtml2010-0911content_1175401htm

Pan P P 2009 Out of Maorsquos shadow The struggle for the soul of a new China New YorkSimon amp Schuster

Rapoza K 2011 In coastal China a labor shortage Forbes [Cited 31 March2015] Available from URL httpwwwforbescomsiteskenrapoza20111220in-coastal-china-a-labor-shortage

Silver B J amp Zhang L 2009 China as an emerging epicenter of world labor unrest In H-F Hung(Ed) China and the transformation of global capitalism Baltimore Johns HopkinsUniversity Press

Stockmann D amp Gallagher M E 2011 Remote control How the media sustain authoritarian rulein China Comparative Political Studies 44(4) 436ndash467

Taylor B Chang K amp Li Q 2003 Industrial relations in China Cheltenham Edward ElgarTaylor B amp Li Q 2007 Is the ACFTU a union and does it matter Journal of Industrial

Relations 49(5) 701ndash715Taylor B amp Li Q 2010 Chinarsquos creative approach to lsquounionrsquo organizing Labor History 51(3)

411ndash428Tarrow S 1998 Power in movement Social movements and contentious politics New

York Cambridge University PressThe China Post 2012 China eyes 13 minimum wage rise in 5 years [Cited 31 March

2015] Available from URL httpwwwchinapostcomtwbusinessasia-china20120209331042China-eyeshtm

The Economist 2012 A dangerous year Unrest in China [Cited 31 March 2015] Available fromURL httpwwweconomistcomnode21543477

Unger J 2002 The transformation of rural China Armonk NY M E SharpeUnger J amp Chan A 1995 China corporatism and the East Asian model The Australian Journal

of Chinese Affairs 1995 29ndash53Venn D 2009 Legislation collective bargaining and enforcement Updating the OECD

employment protection indicators [Cited 31 March 2015] Available from URLhttpwwwoecdorgemploymentemp43116624pdf

Wang Z 2012 More workers staying near home China Daily [Cited 31 March 2015] Available fromURL httpwwwchinadailycomcnchina2012-0428content15166329htm

Warner M amp Ng S H 1999 Collective contracts in Chinese enterprises A new brand of collectivebargaining under lsquomarket Socialismrsquo British Journal of Industrial Relations 37(2) 295ndash314

Webb S amp Webb B 1897 Industrial democracy London New York amp Bombay LongmansGreen amp Co

Wen X amp Lin K 2015 Reconstituting industrial relations The experience of Wenling Journalof Contemporary China 24(94) 665ndash683

Wen X 2013 Gonghui zhixuan Guangdong shijian de jingyan yu jiaoxun (Union directelection Lessons from Guangdong) Paper presented at the 6th Annual Congress ofChina Labor Relations Association of the China Human Resource Development AssociationGuangzhou November 2013

Weston T B 2004 The iron man weeps Joblessness and political legitimacy in the Chinese rustbelt In P H Gries amp S Rosen (Eds) State and society in 21st century China Crisiscontention and legitimation 67ndash86 New York RoutledgeCurzon

Wu Q 2012 Jiti xieshang yu guojia zhudao xiade laodong guanxi zhili (Collective negotiationand state-oriented labor relations governance) Shehuixue Yanjiu (Sociological Studies)2012(3) 66ndash89

Xie Y amp Guo Y 2011 Zhongguo shi gongzi jiti xieshang moshi tansuo Wuhan shi canyin hangyegongzi jiti xieshang diaocha (A survey of collective consultation on wages in the catering industryin Wuhan) Zhongguo Laodong Guanxi Xueyuan Xuebao (Journal of China Instituteof Industrial Relations) 25(6) 54ndash58

Xie Y Chen J Chen P amp Xiao Q 2012 Zhongguo hangye gongzi jiti xieshang xiaoguode shizheng fenxi Yi Wuhan canyin hangye weili (An empirical analysis of industrialbargaining outcomes in China An example from the Wuhan restaurant and catering industry)Jingji Shehui Tizhi Bijiao (Comparative Economic and Social Systems) 2012(5)55ndash67

Ccopy 2016 The International Association for Chinese Management Research

Labor Unrest and Collective Bargaining 187

Xu X 2005 lsquoZiran zhuangtairsquo de gongzi jiti xieshang Zhongguo nanfang mouzhen yangmaoshanhangye gongzi jiti xieshang (Collective consultation and discussion on the wages under thelsquonatural conditionrsquo) Tianjin Gonghui Guanli Ganbu Xueyuan Xuebao (Journal ofTianjin Trade Union Administratorsrsquo College) 13(3) 29ndash32

Zhang H 2014 Informality in Chinarsquos collective bargaining Unpublished Masters thesisCornell University Ithaca NY

Zhang J amp Shi Y 2012 Guanyu hangye jiti xieshang qingkuang de diaocha baogao (Survey onindustrial collective negotiation) Zhongguo Laodong Guanxi Xueyuan Xuebao (Journalof China Institute of Industrial Relations) 26(4) 51ndash57

Sarosh Kuruvilla (sck4cornelledu) is Professor of Industrial RelationsAsian Studies and Public Affairs at Cornell University and Visiting Professor atthe London School of Economics His research focuses on the linkage betweeneconomic development strategies and labor and human resources policies Hehas published numerous articles and 3 books on various aspects of labor relationsin Asia He is currently researching collective bargaining in ChinaHao Zhang (hz256cornelledu) is a PhD student at Cornell UniversityrsquosSchool of Industrial and Labor Relations His primary research focus is laborand employment relations with special attention to China And he has ongoinginterests in globalization development political economy skill formationproduction and work

Manuscript received September 18 2014Final version accepted September 28 2015 (number of revisions ndash 2)Accepted by Editor-in-Chief Arie Lewin

Ccopy 2016 The International Association for Chinese Management Research

  • INTRODUCTION
  • THEORETICAL PERSPECTIVES
    • Worker Militancy
    • State Promotion of Collective Bargaining
    • Variations in Collective Bargaining
    • The Future of Collective Bargaining
      • METHODOLOGY
      • RESULTS
        • Strikes
        • Collective Bargaining
        • Emerging Variation Varieties of Collective Bargaining in China
          • DISCUSSION
            • Moving across Quadrants The Future of Collective Bargaining and The Roles of Unions and Employers
              • CONCLUSION
              • NOTES
              • REFERENCES

Labor Unrest and Collective Bargaining 187

Xu X 2005 lsquoZiran zhuangtairsquo de gongzi jiti xieshang Zhongguo nanfang mouzhen yangmaoshanhangye gongzi jiti xieshang (Collective consultation and discussion on the wages under thelsquonatural conditionrsquo) Tianjin Gonghui Guanli Ganbu Xueyuan Xuebao (Journal ofTianjin Trade Union Administratorsrsquo College) 13(3) 29ndash32

Zhang H 2014 Informality in Chinarsquos collective bargaining Unpublished Masters thesisCornell University Ithaca NY

Zhang J amp Shi Y 2012 Guanyu hangye jiti xieshang qingkuang de diaocha baogao (Survey onindustrial collective negotiation) Zhongguo Laodong Guanxi Xueyuan Xuebao (Journalof China Institute of Industrial Relations) 26(4) 51ndash57

Sarosh Kuruvilla (sck4cornelledu) is Professor of Industrial RelationsAsian Studies and Public Affairs at Cornell University and Visiting Professor atthe London School of Economics His research focuses on the linkage betweeneconomic development strategies and labor and human resources policies Hehas published numerous articles and 3 books on various aspects of labor relationsin Asia He is currently researching collective bargaining in ChinaHao Zhang (hz256cornelledu) is a PhD student at Cornell UniversityrsquosSchool of Industrial and Labor Relations His primary research focus is laborand employment relations with special attention to China And he has ongoinginterests in globalization development political economy skill formationproduction and work

Manuscript received September 18 2014Final version accepted September 28 2015 (number of revisions ndash 2)Accepted by Editor-in-Chief Arie Lewin

Ccopy 2016 The International Association for Chinese Management Research

  • INTRODUCTION
  • THEORETICAL PERSPECTIVES
    • Worker Militancy
    • State Promotion of Collective Bargaining
    • Variations in Collective Bargaining
    • The Future of Collective Bargaining
      • METHODOLOGY
      • RESULTS
        • Strikes
        • Collective Bargaining
        • Emerging Variation Varieties of Collective Bargaining in China
          • DISCUSSION
            • Moving across Quadrants The Future of Collective Bargaining and The Roles of Unions and Employers
              • CONCLUSION
              • NOTES
              • REFERENCES