The Study On Labor Rights Protection In The Process Of International Labor Service Cooperation

Economic globalization reflects that the world economy is mutual interdependence and integration.The economic globalization requires the rational resources allocation among countries.International labor service cooperation is an important way for countries to participate in the rational allocation of labor resources and it is also the result of the international economic integration and the economic interdependence between countries.The labor rights protection level differs and the international labor service cooperation is an appropriate way to reduce the gap.International labor service cooperation brings foreign exchange income for the labor exporting country which can be spent on improving working conditions,bettering life quality and promoting the national technology,and which can also help the countries to improve policies,laws and regulations under international society requirements.For the labor importing countries,it can alleviate or solve the labor shortage problem,especially for some work which is short of hands or is unwillingly accepted by local labor.Labor importing can not only bring technology,but also can save a lot of training expense and production cost.Meanwhile,the flow of labor can enhance the world people's understanding and communication and is conducive to common development of the world economy,politics and culture which finally can make the world labor standards tend to be consistent and promote the common prosperity and development of the international community.The dissertation includes three parts:introduction,body and conclusion.The introductory part expounded from four aspects which are research background and significance,literature review,research direction and methodology,innovations and limitations.The main body part has seven chapters.Chapter One studies the basic theory of labor rights protection.Firstly,it points out the concept and types of international labor service cooperation.Secondly,it analyzes the connotation,extension and the content of labor rights from the perspective of domestic and foreign research and finds out the concept of the labor rights protection and mainly focuses on the study on the theory basis.Finally,it sums up the complementary relationship between the international labor service cooperation and labor rights protection.In this chapter,the meaning of two keywords international labor service cooperation and labor rights protection is clarified which helps the study of the following chapters and the theoretical foundation of labor rights protection is elaborated which make the study have strong theoretical support.Chapter Two analyzes the practice and problems of the labor rights protection in the process of international labor service cooperation.It analyzes the status of labor rights protection in the world which represents in the aspects of international conventions,international multilateral and bilateral labor agreements and international practice.The international convention is more complex which includes not only the conventions formulated by the United Nations,the International Labor Organization and the World Trade Organization,but also the International Migration Organization Chapter.International multilateral and bilateral labor agreements are embodied in different nations and regions,some nations represented by the United States are positive to sign in multilateral and bilateral labor agreement,so as to promote the development of labor rights protection.International practice presents labor income,working hours and holidays and social security.However,we realize some problems still exist which do not make the development of the labor rights protection smoothly.Chapter Three analyzes the labor rights protection legislation and the existing problems in the world and studies the condition of the labor rights protection from national level in the process of international labor service cooperation.The United States,Russia,Australia,Japan and South Korea have the corresponding legislation and management system in the labor rights protection and get some management experience,but the labour importing countries' legislation more often consider their own interests,while ignoring the labor exporting countries' interests which make inevitably biased.Chapter Four studies the construction of labor rights protection mechanism in the process of international labor service cooperation.Based on the existing weak points,we need to redesign and construct law and regulation to try to eliminate the existing irrationality to meet the needs of labor rights protection better.From the aspects of the subject,system and relief,this chapter discusses on division and cooperation of the international organizations,system construction on the possibility of bringing labor rights protection into WTO and the relief ways to the labor rights damage and constructs the mechanism of labor rights protection to make the labor rights be protected fully in the process of the international labor service cooperationChapter Five studies the practical arrangements of bringing labour rights protection into soft law norms in the process of international labor service cooperation.International law norms exist and have been playing an important role,while it is necessary and has some background and basis to bring labor rights protection into SA8000 and IS026000 which are the representatives of the social responsibility standard soft law norms.Therefore,the ways to bringing labor rights protection into the social responsibility standard soft law norms are further discussed and the reflection in SA8000 and IS026000 is also pointed out respectively.Chapter Six studies the convention and law application principle of labor rights protection in the international labor service cooperation contract.The contract has a direct effect on the labor rights protection.The broad and narrow contract sign and the legal relationship are confirmed and the existing problems are also analyzed in this chapter.Thus,the law application principle is made to provide a method of law choice for the labor rights protection.Chapter Seven studies the status and improvement of the labor rights protection in the process of international labor service cooperation in China.It analyzes the status in China and sorts out the relevant policies,laws and regulations.It enumerates the typical examples and reasons of the labor rights damage during the foreign labor cooperation and analyzes the existing problems of the labor rights protection in our country.Therefore,such countermeasures as strengthening international response to the labor rights protection,improving the domestic legal system and building the emergency response mechanism are put forward to make the labor rights be protected fully.The conclusion part summarizes the research topic and reiterates the necessity and significance and points out the key and main points of the research.