Research On China Legal Problem Of Overseas Labor Dispatching

"Overseas Labor Dispatching", in name, means that the enterprise which is authorized to send personnel abroad (in the following article it is called "domestic labor company") signs a contract with overseas enterprise (in the following article it is called "overseas employer"), then according to the contract the domestic labor company recruits personnel who will be sent abroad to work in the overseas enterprise. Now "Overseas Labor Dispatching" has become one of the important international trade modes in China. In a series of governmental regulations, Overseas Labor Dispatching is usually called "Overseas Labor Cooperation"."Overseas Labor Dispatching" in China has been developed into an important international trade mode from a mode of Overseas Aid, while at the same time the legal relationships among the parties have become more complicated, and there may be other parties besides of domestic labor company, overseas employer and personnel sent abroad. However, in China, there is no specific law to regulate each party's rights and obligations, leading that the right of personnel sent abroad cannot be protected. In the article, the writer tries to discuss the basic legal relationships among domestic labor company, overseas employer and personnel sent abroad .In Part One, the writer first classified "Labor Export" in order to introduce "Overseas Labor Dispatching" in the article. Then the development of "Overseas Labor Dispatching" is briefly introduced. In Part Two, the writer tried to state the influence on the construction of China regulation by GATS(The General Agreement on Trade in Services), ILO ( International Labors Organization )and some countries which have achieved great success in the field of labor mobility. China has enacted a series of regulations since the foundation of PRC. Nevertheless, all these regulations put the emphasis on the management of domestic labor company, while not make sure the qualification of contracts signed by the three parties.In Part Three, the writer tried to analyze the contractual relations among domestic labor company, overseas employer and personnel sent abroad in "Overseas Labor Dispatching", but these only were restricted in academic discussion, as for the practice at present still did not have the unified procedure. Currently, "lex voluntatis" and "law of the place of the most significant relationship" are favored by several countries. Therefore, the writer advised the legislation in China would adopt such principles.In the end, the writer summed up the article, and put forward some advice in the hope that the government will put more emphasis on the qualification of Overseas Labor Dispatching. On one hand, the right of personnel sent abroad can be protected better, on the other hand it is good for the development of overseas labor cooperation.