Does Black-Letter Law Matter in Labor Rights Protection in China? - A Tale of Two Cities

This article discusses the role of black-letter law in labor protection in China in cases where employers dismiss employees on the grounds of serious breaches of internal regulations. This article presents an empirical analysis of the judicial practice of two of China’s economically developed cities, Suzhou and Wuxi. Suzhou employers have to give employees the opportunity to be heard prior to dismissal, while Wuxi does not provide that opportunity. First, this article introduces the Chinese labor legislation system, the dismissal system, and the two cities’ local labor regulations. Second, the article will analyze and discuss 140 cases from Suzhou and 234 employment cases from Wuxi. Third, this article concludes that giving employees the opportunity to be heard is essential for protecting their rights, as evidenced by the higher success rates (i.e. the combination of full win and partial win rates) for employees in Suzhou compared to those in Wuxi. The analysis highlights the significance of black-letter law in ensuring labour protection in China. Finally, this article calls for national legislation to provide more explicit and detailed guidance on dismissals, or in the alternative, to mandate local authorities to enact clear labor protection rules appropriate to local circumstances.