Font Size: a A A

A Study Of The Issue On Compensation For Work-related Injury Of The Chinese Labors Dispatched Abroad

Posted on:2008-03-29Degree:MasterType:Thesis
Country:ChinaCandidate:Y X ZhuFull Text:PDF
GTID:2166360212492984Subject:International Law
Abstract/Summary:PDF Full Text Request
Nowadays, economical globalization has developed rapidly and the movement of human resources has been even common. As a country with great population and human resources, China has become the member of the world labor market and the numbers of the Chinese labors dispatched abroad increase with a prompt speed every year. The international labor cooperation of China has presented flourishing tendency and its field and scale have been widened gradually. However, while the international labor cooperation has brought gigantic profits to China, we should also pay attention to the fact that the accidences caused by work of the Chinese labors dispatched abroad have grown constantly and the legal rights and interests of the labors often been damaged. It is an urgent issue that how to protect the personal rights and interests of the Chinese labors dispatched abroad not to be infringed.At present, the legislation about the issue of the Chinese labors dispatched abroad has dropped behind the practice badly. There has not been even one law or regulation to modulate the Chinese external business of labor cooperation by now and the problems about it have been regulated depending on the sector rules and agency actions. But the force levels of them are much lower than law, therefore, they are unable to protect the rights and interests of the Chinese labors dispatched abroad completely. As for the accidences and the compensation for work-related injury which the labors often have, there has been no law at home and only the Regulation on Work-related Injury Insurances which had taken effect from 1 January, 2004 and its corresponding regulations. In the regulation it only makes a fundamental provision in Article 42 for the work-related accidences of the Chinese labors dispatched abroad. As the labors who offer labor services overseas are vulnerable groups, the legal rights often can not be protected effectively by kinds of factors. Hence the study on the application of law on the compensation for work-related injury and the methods to claim for compensation has been of highly theoretic value and directive significance, not only to protect the legal rights of the labors and find the reasonable resolve approaches to compensate, but also to influence the Chinese external business of labor cooperation developed constantly and healthily.In the circumstance that the legal system of the Chinese labors dispatched abroad has not been perfect and the profession has not formed the mature research system, this paper summarizes the particularity of the compensation for work-related injury of the Chinese labors dispatched abroad, by studying on the historical evolution and the law spirit of the compensation for work-related injury system, introducing the legislations about the labors dispatched abroad of the major labor-importing countries in the world and analyzing the problems and causes in the compensation for work-related injury. According to the particularity, this paper puts forward some suggestion about how to develop and consummate the compensation for work-related injury system, furthermore the paper also tries to afford effective methods and approaches for labors to gain the compensation successfully and offers guidance and help both in theory and in practice for the labors to claim for compensation.
Keywords/Search Tags:Chinese labors dispatched abroad, the corporation dispatching labors abroad, foreign employers, work-related injury, the compensation for work-related injury
PDF Full Text Request
Related items