On The Foreign Labor Relations Laws Apply

Application of legal rules of foreign labor relationship is the study of the paper.With the increasing of China's international labor exports and the implementation of active Talent introduction policies, labor disputes involving foreign investors in China had a gradually increasing trend over the past few years, but the court or arbitration is hesitant in application of the law of labor disputes of foreign-related cases. The fundamental reason is that there is some shortcomings in applicable rules of Foreign labor disputes.The paper makes the target of foreign labor relations application of legal rules as a breakthrough to the research. Combined sociology of law with economic law, the author is suitable the foreign labor relations' application of legal rules with goal of the worker benefit protection union fuses a whole, based on the theory of the traditional private international law. In accordance with the civil law, contract law, the labor contract law, labor law and other related laws and regulations and Reference some thoughts of the scholars, the paper analyzes foreign labor relation application of legal rules' objectives, methods and rules application of legal rules, shortcomings in China's labor contract law and labor law by Categorization, deduction and comparative analysis method.The full text is a total of more than 30,000 words which can be divided in to three parts.The first part is the goal of foreign labor relations of application of legal rules. This part is the most important part to the whole text, which is the fundamental of the application of legal rules research. The author analyzes the definition of the foreign labor relations, divides it into two kinds of foreign labor relations what are foreign labor relations set up by contract and foreign labor relations set up in the fact, elaborates the foreign labor relations by contract's definition and sort, and discusses the foreign labor relations in fact. The author analyzes the goal of application of legal rules of the foreign labor relations from the goal of the law to the goal of conflict of law, and holds that the goal of application of legal rules of foreign labor relations should be the law, which can brings the biggest benefit to the labor, and this goal should be in both of drawing up the regulations on application of legal rules of foreign labor relations and practicing the application of legal rules of foreign labor relations.The second part is the rules and methods of application of legal rules of foreign labor relations. The author separates the adjustment of conflict of foreign labor relation's law into two ways. The one is direct adjustment method, the other is indirect adjustment. The direct method is directly application of legal rules and uniform substantive law. The author elaborates creation, development status of directly application of legal rules, analyzes advantages and shortcomings of directly application of legal rules, and enumerates the multilateral conventions of Unified entity. The indirect adjustment method adopts Qualcomm said, discusses the principle of parties chose law and most closely connected with principles.The third part is consummate the regulations of application of legal rules of foreign labor relations. The author has a comprehensive analysis two adjustment methods in china's law, elaborates disputes in foreign labor relations setting up by contract, points out the shortcomings what is exists in china' law, and proposes some advisements to against the shortcomings, which can making china' law more perfect.Through analyzes and discusses the three-parts, the author ultimately form a conclusions is that in order to consummate the regulations of application of legal rules of foreign labor relations ,we should insist on the goal of applying the law which can bring the biggest benefit to the laborer.