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Foreigners Employment Management Law Of China Research

Posted on:2011-05-21Degree:MasterType:Thesis
Country:ChinaCandidate:Y H ZhuFull Text:PDF
GTID:2206330335998035Subject:Law
Abstract/Summary:PDF Full Text Request
As a kind of labor action, Aliens Employment, the labor relation of which is more influenced by the factors of national policy. As to sovereign countries, the foreigners can only be employed in specific areas, which provide strict access conditions. Once violating such restrictions, aliens can be easily identified as Illegal Employment. In China, Illegal Employment of Alien is defined as the behavior that aliens who violates the relevant regulations, without having foreign work permit and residence permit, engage in social work and receive remuneration in the territory. Illegal Employment of Aliens is the common sense as the problem of Illegal Workers.It is of real necessity and urgency to regulate the act of illegal employment. Countries worldwide have generally established fairly good management laws of the employment of foreigners to regulate domestic foreign labor. In the light of different Migration Management Systems, Chinese scholars divided Aliens Employment into professional immigrants and International Labor. The later is more adapted by Nation of Immigrants. As a Non-immigrant National, the current Alien Employment Management System in China is not perfect, which is just on those International Labors who have professional Technology, even the Chinese-style "green card" system conditionally implement ways which is from the international labor to permanent residence. Aliens Employment and Immigration Management System should be in parallel orientation, but with the development going further, the current management system does not meet the situation. Constructing a new Employment Management System is imperative.This paper is divided into four parts.Chapter 1 discusses the basic problems of the employment of aliens in China. The illegal employment of aliens is a part of the process of illegal immigration. It elaborates the act of employment of aliens comprehensively, including status quo, characteristics and the hazards of illegal employment. It analyses the causes of illegal employment, comparing with the special situation in China. There is necessity and urgency to further standardize and improve the alien employment management system.Chapter 2 is to analyze the legal regulation of Employment of Alien. There are three aspects to discuss it:the Jurisprudence of legal regulation on Employment of Aliens, including the theory on the right to work with restrictions and international law; the common legal system that one country takes to administrate Employment of Alien; the practice of supervision of Employment of Alien by Russia and Germany.Chapter 3 mainly describes the current Alien Employment Management System in China, first is the four basic principles on which we rely to establish the Management System, following is the specific laws against the provisions of Employment Management, and eventually is to find the main problems in the current system, and pave the way for finding a solution next page.Chapter 4 is to establish our new legislation of Alien Employment Management System. To achieve this, it is necessary to learn revelation from German and Russian, and provide reference to establish guidelines for our system, only then can we improve the employment management system with legislative measures, mechanisms, control means and so on.
Keywords/Search Tags:Employment of Aliens, Legal Regulation, Employment Management, System Complement
PDF Full Text Request
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