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The Research On China's Legal Problem Of Rights And Interests Protection Of Personnel Sent Abroad

Posted on:2005-06-11Degree:MasterType:Thesis
Country:ChinaCandidate:S H JiangFull Text:PDF
GTID:2156360125458562Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
According to the terms of General Agreement on Trade in Service (GATS) which has been reached in the multilateral trade talks in Uruguay Round ending in the end of 1993, workers' behavior of floating transnationally in form of natural person, providing service and getting pay, is a significant trade way in international service trade. China is a country with rich human resource while relatively less employment chances and backward economy. With the deepening of China's reform and opening to the world, especially after its entry into WTO, more and more Chinese workers go out of the country to find job abroad. Generally, personnel sent abroad have gained higher pay than those who work at home, they also have a wider field of vision. In the trend of working abroad, however, many cases of infringing their rights appear, for instance, the problem that foreign employers break the contract is serious; workers' rights are unable to be protected when they meet with industrial accidents; appointing enterprises fraud the workers intentionally, etc. The main reasons why the worker's rights are infringed are as follows: The management of appointing enterprises is illegal; the lack of related laws and regulations; there are many problems in terms of service contact; some of the personnel sent abroad are in low level of competence, etc. In order to protect the worker's rights, the thesis puts forward some suggestion, they are such, formulating a tit-for-tat laws and regulations, strengthening the administration of enterprises and service contacts, improving the quality of meeting the engagements, solving the problem of the application of law, tightening up the cooperation with International Labors' Organization, reinforcing the government's effect in the protection of personnel sent abroad by taking advantage of GATS, and so on.
Keywords/Search Tags:Personnel Sent Abroad, Protection of Rights and Interests, Labor Contract, Application of Law
PDF Full Text Request
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