UNIVERSITY OF MELBOURNE Labor Relations Syllabi




                  THE UNIVERSITY OF MELBOURNE
                               
                               
               FACULTY OF ECONOMICS AND COMMERCE
                               
                               
                               
                               
                               
                               
                               
                       COURSE MATERIALS
                               
                          FOR 732-307
                               
                               
                               
                        LAW AND LABOUR
                   RELATIONS IN EAST ASIA &
                        THE PACIFIC RIM
                               
                               
                               
                             1994
                               
                               
                               
                  THE UNIVERSITY OF MELBOURNE
                               
                     SECOND SEMESTER 1994
                               
               732-307 LAW AND LABOUR RELATIONS
                               
               IN EAST ASIA AND THE PACIFIC RIM
                               
                               
          INTRODUCTION TO COURSE AND LECTURE OUTLINE
                               
                               
This  subject is designed to introduce students to the  labour
law  and  industrial relations systems of selected East  Asian
and  Pacific Rim countries.  The subject is offered as a third
year  single  semester subject to students in the  Faculty  of
Economics  and Commerce, and a substantial part of the  course
is taught by Richard Mitchell, and focuses upon the labour law
of  the  selected  countries.  However, the course  is  a  co-
operative  venture, and is offered by the Faculty  of  Law  in
association  with the Department of Management and  Industrial
Relations.  Wendy Smith of the Department will be offering two
sessions  in  the course, dealing with aspects  of  industrial
relations in Malaysia.

It is not expected that students will have command of detailed
legal  principle  as it pertains to labour  relations  in  the
selected  countries.  However, students will  be  required  to
have  a  grasp  of  the statutory framework within  which  the
labour  law  systems  have  developed,  and  to  be  able   to
understand  the  impact  of  this  framework  upon  industrial
relations.   The  course  will  be  directly  comparative   in
approach,  and will draw upon systems theory, and sociological
tools of analysis in addition to the legal approach.

The subject is examinable by a 2 hour final exam worth 80% of
the  assessment  and  a  2,500 word essay  worth  20%  of  the
assessment.   Essay  topics should be  approved  by  Wednesday
August 17th, and submitted by Wednesday September 28th.

Labour Law (732-304) is a usual prerequisite for this subject,
but that requirement may be waived in appropriate cases.

Attached is an outline of the lecture programme.  Classes  run
from  4.30 pm to 6.00 pm on Tuesdays and Wednesdays throughout
the  semester.   The classes are designed to  encourage  class
discussion and participation.

The  text  for  the subject is S Deery and R  Mitchell  (eds),
Labour  Law  and Industrial Relations in Asia:  Eight  Country
Studies,  Longman,  Melbourne, 1993.  For recommended  reading
see  also  S  Frenkel (ed) Organised Labor in the Asia-Pacific
Region  IRL  Press, New York, 1993.  This will be supplemented
by  other  recommended  readings and hand-out  material  where
appropriate.


                                              Richard Mitchell
                                                   Wendy Smith
                                                  15 June 1994
                               
                               
                  THE UNIVERSITY OF MELBOURNE
                               
                     SECOND SEMESTER 1994
                               
               732-307 LAW AND LABOUR RELATIONS
                               
               IN EAST ASIA AND THE PACIFIC RIM
                               
                               
                        SEMINAR OUTLINE
                               
                               
 1.  Tuesday July 19          :    Introduction to Course

 2.  Wednesday July 20        :    Problems and Limitations in
                              Comparativism

 3.  Tuesday July 26          :       Industrialisation    and
                              Convergence Theory

 4.  Wednesday July 27        :     The  Role of the State  in
                              Industrial Relations

 5.  Tuesday August 2         :     The  Role of the State  in
                              Western Countries

 6.  Wednesday August 3  :    Industrial Law Models in Western
                              Countries

 7.  Tuesday August 9         :      The  American  Model   of
                              Labour Law in Japan

 8.  Wednesday August 10 :    Japanese  Industrial  Relations:
                              The Three Pillars

 9.  Tuesday August 16        :        Japanese     Industrial
                              Relations:  Skill Formation  and
                              its Implementation

10.  Wednesday August 17 :    Transferability of the  Japanese
                              Model

11.  Tuesday August 23        :    The American Model in South
                              Korea

12.  Wednesday August 24 :    Industrial  Relations  in  South
                              Korea

13.  Tuesday August 30        :    The Labour Law Framework in
                              the Philippines

14.  Wednesday August 31 :    Industrial  Relations   in   the
                              Philippines

15.  Tuesday September 6 :    The British Model in Asia:  Hong
                              Kong

16.  Wednesday September 7    :     Industrial Relations:  The
                              Enigma of Hong Kong

17.  Tuesday September 13     :     The  Development of Labour
                              Law in Singapore

18.  Wednesday September 14   :      Industrial  Relations  in
                              Singapore

19.  Tuesday September 20     :    Labour Law in Malaysia

    20.  Wednesday September 21:       Industrial Relations in
                                Malaysia:  Institutions (Wendy
                                                        Smith)
                                                              
                                                              
        SEPTEMBER 27 AND 28 NO CLASSES - SEMESTER BREAK
                               
                               
    21.  Tuesday October 4        :    Industrial Relations in
                              Malaysia:  The Impact of Culture
                                    and Ethnicity(Wendy Smith)
                                                              
22.  Wednesday October 5 :    Legal  Forms, Class and  Culture
                              in Asian Industrial Relations

23.  Tuesday October 11       :     Stages of State Approaches
                              to   Industrial  Relations:    A
                              Model

24.  Wednesday October 12     :     Application  of  Model  to
                              Asian Countries

25.  Tuesday October 18       :      Recent  Developments   in
                              Asian Labour Law Systems

26.  Wednesday October 19     :    Convergence:  Towards Which
                              Model?

                    OBJECTIVES AND CONTENT
                               
                               
The  objectives and content of this course are set out in  the
Faculty of Economics and Commerce Handbook (1994) as follows:

     Objectives:          The principal specific objectives of
                    the subject are as follows:
     
     .    to  enable the students to understand the origins of
          labour law systems in the relevant countries, and in
          particular the transferability of Western models  to
          developing countries;
     
     .    to  give students a basic grasp of the relevant laws
          which  govern  the  employment relationship  between
          employer and employee;
     
     .    to  give  students  an  understanding  of  the  laws
          regulating  trade  unions  and  the  settlement   of
          industrial disputes in the region;
     
     .    to enable students to place the development of these
          laws  in their economic and political contexts,  and
          to  appreciate the link between legal and  political
          systems, and economic development;
     
     .    to  enable  students to appreciate the  practice  of
          industrial   relations  in  the  various   countries
          examined,  and  the relationship between  the  legal
          system and industrial relations practice;
     
     .    to  give students an appreciation of the dynamism of
          labour law and industrial relations systems;
     
     .    to  introduce students to ways of varying models  of
          labour law, or industrial relations, to bring  about
          desired change for economic or social reasons.
     
     Content:       The  subject  will comprise the  following
                    topics:
     
     .    the  origins  of  labour law in  East-Asia  and  the
          Pacific  Rim  countries.   An  introduction  to  the
          evolution  of  labour  law models  in  the  relevant
          countries;
     
     .    transferability of legal models.  An examination  of
          the   ways   in  which  East-Asian  countries   have
          "borrowed" Anglo-American, and Australian models  of
          labour law;
     
     .    the   adaptation  of  legal  models  in  Asia.    An
          examination  of  the ways in which  laws  and  legal
          institutions  are adapted to fit cultural,  economic
          and political contexts;
     
     .    the  regulation  of the individual employer-employee
          relationship.   An  outline  of  the  law  comparing
          approaches  to  the contract of employment  and  the
          regulation of labour standards in the region;
     .     the regulation of industrial relations system.   An
     outline of the law comparing approaches to the regulation
     of  trade  unions,  and  methods  of  industrial  dispute
     settlement in the region;

     .    industrial  relations in practice.  A study  of  the
          practice,  and a comparison of the formal rules  and
          actual practice.
     
     
                               
                               
                  THE UNIVERSITY OF MELBOURNE
                               
                     SECOND SEMESTER 1994
                               
               732-307 LAW AND LABOUR RELATIONS
                               
               IN EAST ASIA AND THE PACIFIC RIM
                               
                               
              SESSION 1:  INTRODUCTION TO COURSE
                               
                               
1.   Why  compare  Australia  with  other  systems  or  locate
     Australia in an international context?

2.   Australia and the East-Asian region.

3.   Which  countries are appropriate for study  in  an  East-
     Asian/Pacific Rim concept?

4.   Notions  of industrialisation and convergency  theory  in
     the context of this course.

5.   Purpose and Objects of the Course.

6.   Method of approach and teaching objectives.


READING


F  Castles,  "Why Compare Australia?" in M Bray (ed)  Teaching
Comparative  Industrial  Relations  ACIRRT  Monograph  No   2,
University of Sydney, 1991, pp 7-21.

R  Garnaut,  Australia  and  the Northeast  Asian  Ascendancy,
Australian Government Publishing Service, Canberra, 1989.

R  Mitchell, "The Deregulation of Industrial Relations Systems
and  the  Rise  of  the  Non-Union Option:   A  Cross-National
Sketch" in P Ronfeldt and R McCallum (eds) A New Province  for
Legalism:   Legal  Issues and the Deregulation  of  Industrial
Relations, ACIRRT Monograph No 9, University of Sydney,  1993,
pp 132-153 (herewith).

                               
                               
                  THE UNIVERSITY OF MELBOURNE
                               
                     SECOND SEMESTER 1994
                               
               732-307 LAW AND LABOUR RELATIONS
                               
               IN EAST ASIA AND THE PACIFIC RIM
                               
                               
           SESSION 2:  PROBLEMS OF COMPARATIVISM IN
                LABOUR LAW AND LABOUR RELATIONS
                               
                               
1.   What are the problems associated with comparisons between
     legal  and  industrial  relations  systems  of  different
     countries?

2.   In  what particular areas has Australia drawn its  labour
     law/relations  models  from concepts  inherent  in  other
     systems?

3.   Has  direct  transferability of labour law concepts  been
     applied elsewhere?  In what systems?  How effective  have
     these transfers been?

4.   Can  we say that there is a general convergence of labour
     law  concepts  leading to the adoption  of  a  particular
     model?  Or are the systems too diverse to attempt such an
     analysis?  What would be the elements of such a model?

5.   What  has  been  the  role  of the  ILO  in  establishing
     international  standards  in labour  law/relations?   Has
     this assisted a convergence process?


READING


J  Schregle, "Comparative Industrial Relations:  Pitfalls  and
Potential", International Labour Review Vol 120 (1989) p 15.

O Kahn-Freund, "On Uses and Misuses of Comparative Law" (1974)
37 Modern Law Review, p 27.

M  Bray (ed), Teaching Comparative Industrial Relations ACIRRT
Monograph, No 2, Sydney, 1991, pp 7-42.

R  Bean, Comparative Industrial Relations, Croom Helm, Sydney,
1985, pp 1-19.

R  Blanpain  and  C Engels (eds), Comparative Labour  Law  and
Industrial   Relations  in  Industrialised  Market  Economics,
Kluwer,  Deventer  (The Netherlands) Vth and Revised  edition,
1993, Chapter One.

Deery and Mitchell, Chapter 1.
S  Townsend-Smith,  "Trade  Union  Recognition  Legislation  -
Britain and America Compared" (1981) 1 Legal Studies, pp  190-
212.

C  Whelan, "On Uses and Misuses of Comparative Labour Law:   A
Case Study" (1982) 45 Modern Law Review, pp 285-300.
                               
                               
                  THE UNIVERSITY OF MELBOURNE
                               
                     SECOND SEMESTER 1994
                               
               732-307 LAW AND LABOUR RELATIONS
                               
               IN EAST ASIA AND THE PACIFIC RIM
                               
                               
     SESSION 3:  INDUSTRIALISATION AND CONVERGENCE THEORY
                               
                               
1.   What  are  the  key  elements  of  the  industrialisation
     process in East and South East Asia?

2.   What  has been the role of the labour movements  in  this
     process?

3.   What   is   meant  by  "convergence"  of  systems   under
     industrialisation?

4.   Is  convergence theory valid in the context of developing
     economies in the Asia-Pacific region?


READING


C  Kerr  et  al,  Industrialism and Industrial  Man,  Penguin,
London, 1973, pp 279-306.

F C Deyo, Beneath the Miracle:  Labor Subordination in the New
Asian  Industrialism, Univ of California Press,  Los  Angeles,
1989.  Chapter 1 (herewith) and Chapter 2.

W  Bello and S Rosenfeld, Dragons in Distress:  Asia's Miracle
Economies  in  Crisis,  Penguin, London,  1990,  Introduction,
Chapter 1 and Chapter 2.

N  Haworth, "Teaching Comparative Labour Relations:  A  Global
Perspective"  in M Bray (ed), Teaching Comparative  Industrial
Relations, ACIRRT Monograph No 2, University of Sydney,  1991,
pp 22-42.
                               
                               
                  THE UNIVERSITY OF MELBOURNE
                               
                     SECOND SEMESTER 1994
                               
               732-307 LAW AND LABOUR RELATIONS
                               
               IN EAST ASIA AND THE PACIFIC RIM
                               
                               
   SESSION 4:  THE ROLE OF THE STATE IN INDUSTRIAL RELATIONS
                               
                               
1.   How  is State policy towards industrial relations formed?
     What are the mechanics?

2.   What  does  the State aim to do in industrial  relations?
     Examine   the   concepts   of  suppression,   toleration,
     encouragement/recognition.

3.   What method is used by the State?


READING


A   Giles,  "Industrial  Relations  Theory,  the  State,   and
Politics"  in  J  Barbash and K Barbash  (eds),  Theories  and
Concepts  in  Comparative Industrial Relations, University  of
South Carolina Press, 1989.

R  Adams,  "Regulating  Unions and Collective  Bargaining:   A
Global,  Historical Analysis of Determinants and Consequences"
(1993) 14 Comparative Labor Law Journal 272 (herewith).

F  Deyo,  Dependent Development and Industrial Order, Praeger,
New York, 1981, Chapter 1.

G   Rimlinger,  "Labor  and  the  Government:   A  Comparative
Historical Perspective" (1977) 37 Journal of Economic  History
210.

A  Jacobs, "Collective Self-Regulation" in B Hepple (ed),  The
Making  of Labour Law in Europe:  A Comparative Study of  Nine
Countries Up To 1945, Mansell, London, 1986, pp 193-241.
                               
                               
                  THE UNIVERSITY OF MELBOURNE
                               
                     SECOND SEMESTER 1994
                               
               732-307 LAW AND LABOUR RELATIONS
                               
               IN EAST ASIA AND THE PACIFIC RIM
                               
                               
         SESSION 5:  THE ROLE OF THE STATE IN WESTERN
                   INDUSTRIALISED COUNTRIES
                               
                               
1.   What  types  of  labour relations systems  evolved  under
     industrialisation in the West?

2.   What  would  you  regard to be the critical  features  of
     these systems?  Do they have strong elements in common?


READING


Basic  data for most countries may be found in J Hartog and  J
Theeuwes  (eds), Labour Market Contracts and Institutions:   A
Cross-National Comparison, North-Holland, Amsterdam, 1993.

                               
                               
                  THE UNIVERSITY OF MELBOURNE
                               
                     SECOND SEMESTER 1994
                               
               732-307 LAW AND LABOUR RELATIONS
                               
               IN EAST ASIA AND THE PACIFIC RIM
                               
                               
      SESSION 6:  LABOUR LAW MODELS IN WESTERN COUNTRIES
                               
                               
1.   What  labour  law models were established as a  framework
     for  industrial relations in Britain, Australia and North
     America?

2.   What changes are coming about in these systems?


READING


P  Boxall,  "Towards  the  Wagner Framework:   Change  in  New
Zealand  Industrial Relations" (1990) 32 Journal of Industrial
Relations 523.

R  Mitchell  and  M  Rimmer,  "Labour  Law,  Deregulation  and
Flexibility  in  Australian Industrial  Relations"  (1990)  12
Comparative Labour Law Journal 1.

H  J  Glasbeek,  "Agenda for Canadian Labour  Law  Reform:   A
Little  Liberal Law, Much More Democratic Socialist  Politics"
(1993) 31 Osgoode Hall Law Journal 233.

R Mitchell and R Naughton, "Australian Compulsory Arbitration:
Will  it  Survive  into the Twenty-First  Century"  (1993)  31
Osgoode Hall Law Journal 265.

Special  Issue  of  the  New  Zealand  Journal  of  Industrial
Relations  (Vol  6  No  2,  August  1991)  on  the  Employment
Contracts Act (NZ).

Special Issue of the Australian Journal of Labour Law  (Vol  6
No 2, August 1993) on the Employee Relations Act (Vic).

T  Kochan,  H  Katz  and  R McKersie,  The  Transformation  of
American  Industrial Relations Basic Books,  New  York,  1986,
Chapters 2 and 3.

                               
                               
                  THE UNIVERSITY OF MELBOURNE
                               
                     SECOND SEMESTER 1994
                               
               732-307 LAW AND LABOUR RELATIONS
                               
               IN EAST ASIA AND THE PACIFIC RIM
                               
                               
     SESSION 7:  THE AMERICAN MODEL OF LABOUR LAW IN JAPAN
                               
                               
1.   What key concepts of American labour law were adopted  in
     the Japanese model?

2.   In  what  ways has the Japanese system adapted or  varied
     the American model?

3.   Identify  the  key  features of the Japanese  labour  law
     system from the legislation provided.


READING


Excerpts from the Labour Relations Adjustment Law;  the  Trade
Union Law;  the National Enterprise Labour Relations Law;  the
Labour Standards Law (herewith).

K  Sugeno,  "Japan:  The State's Guiding Role in Socioeconomic
Development"  (1993)  14 Comparative Labour  Law  Journal  302
(herewith).

W  B  Gould,  Japan's Reshaping of American  Labour  Law,  MIT
Press, Cambridge (US), 1984, pp 1-43.

F  Hamada,  "The Gist of Labour Relations Law in  Japan:   Its
Universalities and Peculiarities", Kobe University Law Review,
Vol 21, p 70.

Deery and Mitchell, Chapters 1 and 6.

                               
                               
                  THE UNIVERSITY OF MELBOURNE
                               
                     SECOND SEMESTER 1994
                               
               732-307 LAW AND LABOUR RELATIONS
                               
               IN EAST ASIA AND THE PACIFIC RIM
                               
                               
 SESSION 8:  JAPANESE INDUSTRIAL RELATIONS:  THE THREE PILLARS
                               
                               
1.   What  are  the so-called 3 pillars of Japanese industrial
     relations,  and  what  has been  their  impact  upon  the
     system?

2.   In  what respect is the Japanese system a very "flexible"
     one?


READING


Deery and Mitchell, Chapter 6.

J  B  Moore, "Nikkeiren and Restoration of the Right to Manage
in Postwar Japan" (1990) 3 Labour and Industry 281 (herewith).

T  Araki,"Flexibility in Japanese Employment Relations and the
Role of the Judiciary" in O. Hiroshi (ed), Japanese Commercial
Law  in  an  Era of Internationalisation, Graham and  Trotman,
London, 1994, pp 249-274 (herewith).

                               
                               
                  THE UNIVERSITY OF MELBOURNE
                               
                     SECOND SEMESTER 1994
                               
               732-307 LAW AND LABOUR RELATIONS
                               
               IN EAST ASIA AND THE PACIFIC RIM
                               
                               
          SESSION 9:  JAPANESE INDUSTRIAL RELATIONS -
            SKILL FORMATION AND ITS IMPLEMENTATION
                               
                               
READING


Ronald Dore, Jean Bounine-Cabale, Kari Tapiola, Japan at Work:
Markets,  Management and Flexibility, OECD, 1989, Chs  4,  the
Flexible  Firm  and  5.  The Diffusion and  Viability  of  the
Japanese Employment System.

K   Koike,   "Skill   Formation  Systems:    A   Thai-Japanese
Comparison",   Journal  of  the  Japanese  and   International
Economies, Vol 1, pp 408-440, 1987.

K  Koike,  "Intellectual Skill and the Role  of  Employees  as
Constituent Members of Large Firms in Contemporary Japan",  in
Aoki,  M  et  al,  The  Firm  as a  Nexus  of  Treaties,  Sage
Publications, 1990, pp 185-208.

K  Koike  and  T  Inoki (eds), Skill Formation  in  Japan  and
Southeast Asia, Tokyo: University of Tokyo Press, 1990.

Makoto  Kumazawa  and Jun Yamada, "Jobs and Skills  under  the
Lifelong  Nenko  Employment Practice", in  S  Wood  (ed),  The
Transformation of Work, 1989, London, Unwin Hyman.

Wendy  Smith,  "Skill  Formation in  Comparative  Perspective:
Malaysia  and Japan", Labour and Industry, 1, 3,  pp  431-462,
October 1988 (herewith).

Stephen Wood, "The Japanese Management Model - Tacit Skills in
Shop Floor Participation", Work and Occupations, Vol 16, No 4,
November 1989, pp 446-460.
                               
                               
                  THE UNIVERSITY OF MELBOURNE
                               
                     SECOND SEMESTER 1994
                               
               732-307 LAW AND LABOUR RELATIONS
                               
               IN EAST ASIA AND THE PACIFIC RIM
                               
                               
    SESSION 10:  THE TRANSFERABILITY OF THE JAPANESE MODEL
                               
                               
1.   Is  the  Japanese  "model" capable of adoption  in  other
     countries?

2.   Is  it  possible that we are converging towards a general
     industrial relations model based on the Japanese system?


READING


P  Garrahan  and P Stewart, "Work Organisations in Transition:
The  Human  Resource  Implications of the Nissan  Way",  Human
Resource Management Journal, 2, 2, Winter 1991/92.

E  Kassalow, "Japan as an Industrial Relations Model", Journal
of Industrial Relations, 25, 2, 1983, pp 201-219.

S   B   Levine  and  Makoto  Ohtsu,  "Transplanting   Japanese
Industrial  Relations",  Annals of  the  American  Academy  of
Political Science, January 1991, pp 102-116 (herewith).

James  R  Lincoln,  "Employee Work  Attitudes  and  Management
Practices  in  the  US  and  Japan:   Evidence  from  a  Large
Comparative Survey", California Management Review, Fall, 1989,
pp 89-106.

Haruo  Shimada, "Japanese Industrial Relations - A New General
Model?" in T Shirai (ed), Contemporary Industrial Relations in
Japan,  Madison, University of Wisconsin Press, 1983, pp  3-25
(herewith).

                               
                               
                  THE UNIVERSITY OF MELBOURNE
                               
                     SECOND SEMESTER 1994
                               
               732-307 LAW AND LABOUR RELATIONS
                               
               IN EAST ASIA AND THE PACIFIC RIM
                               
                               
        SESSION 11:  THE AMERICAN MODEL IN SOUTH KOREA
                               
                               
1.   What  are  the  key elements of the South  Korean  labour
     relations law system?

2.   Are  these drawn from the American model?  If so, how can
     you  account for the different development of  industrial
     relations in Japan and South Korea?


READING


The key elements of the South Korean Labour Law system may  be
found  in the extracts from the Trade Union Law;  the  Labour-
Management  Council Law;  the Labour Dispute  Adjustment  Law;
the  Labour Relations Commission Law and the Labour  Standards
Law (herewith).

R  Rodgers,  "Labor  Relations Law and Labor  Control  in  the
Republic of Korea", Korea Scope, Vol IV (1984), p 3.

K  O'Neill, "Industrial Relations in Korea:  Will Korea Become
Another  Japan?",  Comparative  Labor  Law  Journal,  Vol  12,
(1991), p 360.

J Porges, "The Development of Korean Labour Law and the Impact
of the American System", Comparative Labor Law Journal, Vol 12
(1991), p 335.

Deery and Mitchell, Chapter 5.

                               
                               
                  THE UNIVERSITY OF MELBOURNE
                               
                     SECOND SEMESTER 1994
                               
               732-307 LAW AND LABOUR RELATIONS
                               
               IN EAST ASIA AND THE PACIFIC RIM
                               
                               
          SESSION 12:  THE DEVELOPMENT OF INDUSTRIAL
                   RELATIONS IN SOUTH KOREA
                               
                               
1.   How  do  you  account for the development  of  industrial
     relations in South Korea?

2.   What  were the underlying forces behind the 1987 wave  of
     industrial unrest?


READING


J  Zappala  and  R Lansbury, "Industrial Relations  Trends  in
Korea", Labour and Industry Vol 3, No 243, June/October  1990,
p 235.

Deery and Mitchell, Chapter 5.

Se-Il  Park,  "The Role of the State in Industrial  Relations:
The  Case  of Korea" (1993) 14 Comparative Labour Law  Journal
321.

J  Peck,  "Ramifications of the 1987 Labor Uprising in  Korea"
(1988)  20 Journal of Law and Policy in International Business
331.

R  A  Rogers,  "An Exclusionary Labour Regime Under  Pressure:
The Changes in Labour Relations in the Republic of Korea since
Mid-1987" (1990) 8 Pacific Basin Law Journal 91.

                               
                               
                  THE UNIVERSITY OF MELBOURNE
                               
                     SECOND SEMESTER 1994
                               
               732-307 LAW AND LABOUR RELATIONS
                               
               IN EAST ASIA AND THE PACIFIC RIM
                               
                               
   SESSION 13:  THE LABOUR LAW FRAMEWORK IN THE PHILIPPINES
                               
                               
1.   What  are the key elements in the Philippines labour  law
     system?

2.   How  much  resemblance  do these  elements  bear  to  the
     American system of collective labour law?


READING


E  T  Ramos, Dualistic Unionism and Industrial Relations,  New
Day Publishers, Quezon City, 1990, Chapter 3.

Deery and Mitchell, Chapter 7.

The elements of the Philippines labour law system are found in
the Labor Code, extracts of which are provided herewith.


                               
                               
                  THE UNIVERSITY OF MELBOURNE
                               
                     SECOND SEMESTER 1994
                               
               732-307 LAW AND LABOUR RELATIONS
                               
               IN EAST ASIA AND THE PACIFIC RIM
                               
                               
     SESSION 14:  INDUSTRIAL RELATIONS IN THE PHILIPPINES
                               
                               
READING


Deery and Mitchell, Chapter 7.

R V Lambert, "The Trade Union Politics of Kilusang Mayo Uno in
Comparative Perspective:  Some Preliminary Observations" in  G
Griffin   (ed)  Current  Research  in  Industrial   Relations,
Proceedings  of  the  5th  AIRAANZ Conference,  University  of
Melbourne, 4-7 July 1990, pp 51-107.

Elias  Ramos,  "The Welga Ng Bayan as an Industrial  Relations
Strategy   Under  Adverse  Labor  Market  Conditions",   Third
International Philippine Studies Conference, July 1989.

W Galenson, Labor and Economic Growth in Five Asian Countries,
pp 55-56, 66-68 and 72-75.

J  Hutchinson, "Class and State Power in the Philippines" in K
Hewison,  R  Robison & G Rodan (eds), Southeast  Asia  in  the
1990s, Allen and Unwin, 1993.

                               
                               
                  THE UNIVERSITY OF MELBOURNE
                               
                     SECOND SEMESTER 1994
                               
               732-307 LAW AND LABOUR RELATIONS
                               
               IN EAST ASIA AND THE PACIFIC RIM
                               
                               
       SESSION 15:  THE BRITISH MODEL IN ASIA-HONG KONG
                               
                               
1.   What  are  the key elements of the labour law  system  in
     Hong Kong?

2.   How  do these approximate the classical British model  of
     collective laissez-faire?


READING


The  key elements of the Hong Kong model may be obtained  from
the  Labour  Relations Act;  the Trade  Union  Act;   and  the
Employment Act (herewith).

Ng Sek Hong, "Industrial Relations and Voluntarisim:  The Hong
Kong  Dilemma, International Labour Review Vol 121  (1982),  p
747.

J  England,  Industrial Relations and Law in Hong  Kong,  OUP,
Hong Kong, 1989, pp 159-165 and 231-239.

J  Cheng (ed), Hong Kong in Transition, OUP, Hong Kong,  1986,
pp 268-299 by Ng Sek Hong).

Deery and Mitchell, Chapter 2.

                               
                               
                  THE UNIVERSITY OF MELBOURNE
                               
                     SECOND SEMESTER 1994
                               
               732-307 LAW AND LABOUR RELATIONS
                               
               IN EAST ASIA AND THE PACIFIC RIM
                               
                               
  SESSION 16:  INDUSTRIAL RELATIONS:  THE ENIGMA OF HONG KONG
                               
                               
1.   Why is it the case that Hong Kong has failed to develop a
     collective industrial relations system?

2.   Is  it  as a consequence of the labour law framework,  or
     the role of the State?


READING


H A Turner, The Last Colony:  But Whose?, Cambridge University
Press, Cambridge, 1980.

Y  C  Jao  et al, Labour Movement in a Changing Society:   The
Experiences of Hong Kong, Centre of Asian Studies,  University
of Hong Kong, Hong Kong, 1988.

J  England, Industrial Relations and Law in Hong Kong, 2nd ed,
Oxford University Press, Hong Kong, 1989.

Deery and Mitchell, Chapter 2.

A Pun and K Taylor, "Hong Kong:  Managing Human Resources in a
Turbulent   Environment,  Asia  Pacific   Journal   of   Human
Resources, Vol 30, No 2, 1992, pp 10-15.

                               
                               
                  THE UNIVERSITY OF MELBOURNE
                               
                     SECOND SEMESTER 1994
                               
               732-307 LAW AND LABOUR RELATIONS
                               
               IN EAST ASIA AND THE PACIFIC RIM
                               
                               
    SESSION 17:  THE DEVELOPMENT OF LABOUR LAW IN SINGAPORE
                               
                               
1.   What  are  the key elements of the labour law  system  of
     Singapore.

2.   What aspects are derived from the British model, and what
     are derived from the Australasian model?


READING


The elements of the labour law framework may be extracted from
the  Industrial Relations Act;  the Trade Disputes  Act;   and
the Trade Unions Act (herewith).

C  Leggett,  "Industrial Relations and Enterprise Unionism  in
Singapore" (1988) 1 Labour and Industry 242.

Deery and Mitchell, Chapter 4.

                               
                               
                  THE UNIVERSITY OF MELBOURNE
                               
                     SECOND SEMESTER 1994
                               
               732-307 LAW AND LABOUR RELATIONS
                               
               IN EAST ASIA AND THE PACIFIC RIM
                               
                               
        SESSION 18:  INDUSTRIAL RELATIONS IN SINGAPORE
                               
                               
1.   How do you explain the nature of industrial relations  in
     Singapore?

2.   How  effective  has  been  the  role  of  the  State   in
     Singapore's industrial relations?


READING


B  Wilkinson  and  C Leggett, "The Management of  Compliance",
Euro-Asia  Business  Review Vol 4 No 3,  July  1985,  pp  9-15
(herewith).

Deery and Mitchell, Chapter 4.

C  Leggett,  "Industrial Relations and Enterprise Unionism  in
Singapore" (1988) 1 Labour and Industry 242.

Cheah   Hock  Beng,  "Labour  in  Transition:   The  Case   of
Singapore" (1988), Labour and Industry 258.

A Blum and S Patarapanich, "Productivity and the Path to House
Unionism:    Structural   Change  in  the   Singapore   Labour
Movement",  British Journal of Industrial  Relations,  25,  3,
1987.

J  Krislov  and  C  Leggett, "Perceptions of  Conciliation  in
Singapore:    A  Tripartite  Survey",  Journal  of  Industrial
Relations, 27, 2, 1985, pp 172-190.

B  Wilkinson, in S R Clegg, D C Dunphy and S G Redding  (eds),
The  Enterprise and Management in East Asia, Centre for  Asian
Studies, Hong Kong, 1986.

                               
                               
                  THE UNIVERSITY OF MELBOURNE
                               
                     SECOND SEMESTER 1994
                               
               732-307 LAW AND LABOUR RELATIONS
                               
               IN EAST ASIA AND THE PACIFIC RIM
                               
                               
              SESSION 19:  LABOUR LAW IN MALAYSIA
                               
                               
1.   What  are  the key elements of the labour law  system  in
     Malaysia?   Do these bear any relation to the British  or
     Australasian systems?

2.   How  important  is  the role of the  State  in  Malaysian
     industrial relations?


READING


The  elements of the labour law system may be derived from the
Industrial Relations Act and the Trade Unions Act (herewith).

Deery and Mitchell, Chapter 3.

P Arudsothy, "Labor Law and Industrial Relations in Malaysia",
Labour and Industry, Vol 1 (1988) 463.

D   Ayadurai,  Industrial  Relations  in  Malaysia:   Law  and
Practice, Butterworths Asia, Kuala Lumpur, 1992.

                               
                               
                  THE UNIVERSITY OF MELBOURNE
                               
                     SECOND SEMESTER 1994
                               
               732-307 LAW AND LABOUR RELATIONS
                               
               IN EAST ASIA AND THE PACIFIC RIM
                               
                               
 SESSION 20:  INDUSTRIAL RELATIONS IN MALAYSIA - INSTITUTIONS
                               
                               
READING


Deery and Mitchell, Chapter 3.

D   Ayadurai,  Industrial  Relations  in  Malaysia:   Law  and
Practice, Butterworths Asia, Kuala Lumpur, 1992.

Arudsothy,  Ponniah, "Labour Law and Industrial  Relations  in
Malaysia (1988) 1 Labour and Industry 463.

Yun  Hing Ai, "Capital Transformation and Labour Relations  in
Malaysia" (1990) 3 Labour and Industry 76.

                               
                               
                  THE UNIVERSITY OF MELBOURNE
                               
                     SECOND SEMESTER 1994
                               
               732-307  LAW AND LABOUR RELATIONS
                               
               IN EAST ASIA AND THE PACIFIC RIM
                               
                               
        SESSION 21:  INDUSTRIAL RELATIONS IN MALAYSIA:
              THE IMPACT OF CULTURE AND ETHNICITY
                               
                               
READING


Susan Ackerman, "The Impact of Industrialisation on the Social
Role of Rural Women", in Hing Ai Yun, Nik Safiah Karim, Rokiah
Talib  (eds), Women in Malaysia, Kuala Lumpur, Pelanduk, 1984,
pp 40-60.

Alasdair  Bowie,  Crossing  the  Industrial  Divide:    State,
Society  and  the  Politics  of  Economic  Transformation   in
Malaysia, 1991, Columbia University Press, Chs 4 and 5, pp 82-
152.

Hing  Ai  Yun,  "The  Development and Transformation  of  Wage
Labour in West Malaysia", Journal of Contemporary Asia, 15, 5,
1985, pp 139-171.

K  S  Jomo,  Growth  and Structural Change  in  the  Malaysian
Economy, 1990, Macmillan.

R  S Milne and Dianne K Mauzy, Malaysia:  Tradition, Modernity
and  Islam,  Boulder, Westview Press, 1986.  Chapter  6,  "The
Economy", pp 125-151.

Wendy Smith, "A Japanese Factory in Malaysia:  Ethnicity as  a
Management  Ideology", in K S Jomo (ed), The  Sun  Also  Sets:
Lessons  in Looking East, Kuala Lumpur, Insan, 1985,  pp  278-
304.

John  Stough, "Chinese and Malay Factory Workers:  Desire  for
Harmony and Experience of Discord", in Peter Gosling and Linda
Lim  (eds),  The Chinese in Southeast Asia, Vol 2,  Singapore,
Maruzen Asia, 1983, pp 231-265.

                               
                               
                  THE UNIVERSITY OF MELBOURNE
                               
                     SECOND SEMESTER 1994
                               
               732-307 LAW AND LABOUR RELATIONS
                               
               IN EAST ASIA AND THE PACIFIC RIM
                               
                               
          SESSION 22:  LEGAL FORM, CLASS AND CULTURE
                     IN THE ASIAN SYSTEMS
                               
                               
1.   What are the possible explanations for Asian "difference"
     in industrial relations?

2.   How important is the role of the State?

3.   Is culture an important explanatory variable?

4.   Is  it  possible  to make an argument  based  on  "Asian"
     difference at all?


READING


M  Casson, The Economics of Business Culture, Clarendon Press,
Oxford, 1991, pp 3-27.

A  Thompson, "Cross Cultural Management of Labour  in  A  Thai
Environment",  Asia Pacific Journal of Management,  Vol  6,  p
323.

F L Jocarno, "Cultural-Bound Approach to Philippine Industrial
Relations:  A Search for Indigenous Model", Philippine Journal
of Industrial Relations, Vol VI (1984) p 109 (and the response
to  that  article  on  pp  124 and 129  of  the  same  volume)
(material herewith).

Australian-Asian  Perceptions  Project  -  Perceiving  "Labour
Relations",  Academy of Social Sciences and the Asia-Australia
Institute, Working Paper No 4,

THE UNIVERSITY of New South Wales, March 1994.

F C Deyo, Beneath the Miracle:  Labor Subordination in the New
Asian Industrialism, University of California Press, Berkeley,
1989.

B  Sharma, Aspects of Industrial Relations in ASEAN, Institute
of South East Asian Studies, Singapore, Chapter 1.

                               
                               
                  THE UNIVERSITY OF MELBOURNE
                               
                     SECOND SEMESTER 1994
                               
               732-307 LAW AND LABOUR RELATIONS
                               
               IN EAST ASIA AND THE PACIFIC RIM
                               
                               
          SESSION 23:  STAGES OF STATE APPROACHES TO
                INDUSTRIAL RELATIONS:  A MODEL
                               
                               
READING


R Adams (see reading handed out for Session 4).

A  Jacobs, "Collective Self-Regulation" in B Hepple (ed),  The
Making of Labour Law in Europe, Mansell, London, 1986, pp 193-
241.

G   Rimlinger,  "Labor  and  the  Government:   A  Comparative
Historical Perspective" (1977) 37 Journal of Economic  History
210.

                               
                               
                  THE UNIVERSITY OF MELBOURNE
                               
                     SECOND SEMESTER 1994
                               
               732-307 LAW AND LABOUR RELATIONS
                               
               IN EAST ASIA AND THE PACIFIC RIM
                               
                               
     SESSION 24:  APPLICABILITY OF A GENERAL DEVELOPMENTAL
                    MODEL TO ASIAN SYSTEMS
                               
                               
READING


R Adams (reading handed out for Session 4).

R Mitchell (reading handed out for Session 1).

                               
                               
                  THE UNIVERSITY OF MELBOURNE
                               
                     SECOND SEMESTER 1994
                               
               732-307 LAW AND LABOUR RELATIONS
                               
               IN EAST ASIA AND THE PACIFIC RIM
                               
                               
       SESSION 25:  RECENT DEVELOPMENTS IN ASIAN SYSTEMS
                               
                               
We  will  look  briefly  here  at  some  of  the  developments
occurring in other countries.


READING


S  Biddulph and S Cooney, "Regulation of Trade Unions  in  the
People's Republic of China" (1993) 19 Melbourne University Law
Review 253 (herewith).

W  M Moore, "China Industrial Relations:  Amid the Conflict of
Tradition and Reform", Labor Law Journal, December 1989, p 747
(herewith).

D  Hunter, "Chinese Labour Dispute Arbitration Procedures:  An
Early Review in Zhejiang Province" (1990) 11 Comparative Labor
Law Journal 340.

A  Kleingartner and H Peng, "Taiwan:  An Exploration of Labour
Relations in Transition" (1991), British Journal of Industrial
Relations 427.

Deery and Mitchell, Chapter 9.

D  McShane, "Asia:  The Next Frontier for Trade Unions" (1992)
5 The Pacific Review 1:  Taiwan Legislation (attached).

                               
                               
                  THE UNIVERSITY OF MELBOURNE
                               
                     SECOND SEMESTER 1994
                               
               732-307 LAW AND LABOUR RELATIONS
                               
               IN EAST ASIA AND THE PACIFIC RIM
                               
                               
        SESSION 26:  CONVERGENCE - TOWARDS WHICH MODEL?
                               
                               
1.   What  do we make now of the notion of "convergence"?   Is
     it true that the Western models tended to converge?

2.   Is  there  a new model of industrial relations  emerging?
     What are its elements?

3.   Are  all  systems  tending to converge  on  the  Japanese
     model?


READING


R Dore, "Where Are We Now:  Musings of an Evolutionist" (1989)
3 Work, Employment and Society, pp 425-446.

N Haworth (see reading for Session 3).