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Australian Journal of Asian Law

Abstract from Volume 10 No 1 (2008)

The Development of Workers' Compensation in China: Emerging International and Internal Challenges

Robert Guthrie is Professor of Workers Compensation and Workplace Laws at the School of Business Law and Taxation at Curtin University of Technology Western Australia.

Until recently, access to occupational injury or disease compensation in China has been limited to employees of state-run enterprises, and rural workers have been excluded. China’s steady increase in privatisation, as well as the rapid industrialisation and increasing migration of workers from rural sectors to urban areas, has been an impetus for expanding compensation scheme coverage to workers in the private sector. In response to these growing pressures, China has developed a regime of regulations in effect from July 2004, to expand the coverage of its occupational accident insurance to include all forms of enterprise, at least notionally. These new regulations present considerable challenges for Chinese administration and business. This article explores the details of the Rules for Occupational Accident Insurance and analyses them against the historical background of occupational injury and disease compensation in China. It identifies the main weaknesses in the Rules and measures the Chinese provisions against relevant international conventions.

(2008) 10(1) Asian Law 133

   
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