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China Belt and Road Initiative Journal: Research Analysis and Perspectives

ISSN 2515-9402

EISSN 2515-9410

Legal Obstacles for Chinese Companies Investing in the Infrastructure Construction in the European Union: from a Labour Law Perspective

By Liu Kai

Volume 2, Issue 1, January 2019

Special Issue “16+1” Cooperation and Chinese Investments in Central and Eastern European Countries

Abstract:

In the context of the Budapest Guidelines signed by the 6th China-CEE Summit—which was held
in Riga, Latvia in 2016, and further implemented the 16+1 cooperation framework in an all-round
manner —, China-EU cooperation is increasingly strengthened. Directives passed at the Riga summit
2016 effectively tightened Chinese-CEE cooperation in the areas of relations among citizens, financing
cooperation and the green economy, the food industry, as well as infrastructure developments. Generally speaking, China is increasingly investing in Europe. This reflected by the fact that Chinese investors are gearing up for more infrastructure investment in Europe as part of the efforts to expand international trade in response to President Xi Jinping’s ambitious Belt and Road Initiatived.
This research is aimed to examine the labour law system of the European Union (EU) in order to locate out the legal obstacles which exist concerning the investment by the companies from China, and at the same time to put forward possible solutions from the labour law perspective. Generally, the EU, under the Treaty on the Functioning of the European Union, article 153(1) is able to use the ordinary legislation procedure on a list of labour law fields. Meanwhile, it is also noted that labour law and employment law have though slight difference: Labour law generally applies to work environments where the employee is subject to collective bargaining and is a member of a union, while employment law generally deals with individual employment contracts in which the employee is not either a member of a union or bound by a collective bargaining agreement; yet, this difference is too slight that in this research the two terms are exchangeable.

Content :

1. Introduction

2. The Sources of European Union Labour Law

3. Minimum Wage

4. Working Time

5. Migrant Worker

6. Health and Safety

7. Social Partners and Collective Bargaining

8. Discussion

9. Final Remarks