A Study On The Applicable Law Of The Labor Contractrual Relations With Foreign Elements

This paper deal with the issue of applicable law on the labor contracts with foreign elements in the context of Chinese law. At first part of this paper an overview of current Chinese legislation was presented. According to Chinese law the two categories of international labor cases are divided to be governed under distinguished rules of conflict of laws. The cases which fallen into the extend of effect of labor law and labor contract law of china are subjected to these legal provisions, whereas the applicable law of other cases are determined by rules of general conflict of contractual laws. This kind of legislation causes many problems and often leads to unjust results. Firstly it shouldn't use a unilateral conflict rule, which is based on personal jurisdiction and territorial jurisdiction, to judge most of labor cases with foreign elements. Then it is also unjust to apply general rules of conflict of law on the contractual problem related to international labor relations, in which the employer needs more preferential treatment provided by law. As a improvement a proper constructed bilateral rule of conflict shall be considered. At second part of this dissertation the possibility and reasons of the re-construction of unilateral conflict rule into a bilateral are discussed with help of foreign legislation and theories. Consequently some suggestions are made as a result of this paper to see, if they could contribute to the future legislation of the regulation of applicable law of civil relations with foreign elements.