On The Legal Problems About The Expotr Of Labor Service In China

The world in various fields in the context of globalization of the economycontinue to carry out cooperation and exchanges, the refinement of social division oflabor and to maximize the profits of labor export has become an important meansfor developing countries to participate in economic globalization. China’s export oflabor has a certain scale, but the associated supporting legislation is also very slow,even in the face of no legal basis for the situation. Output of China’s foreign laborrelated legal issues, from the history and current situation of China’s labor export todetermine the export of labor services on the significance of China’s economicdevelopment, foreign export of labor-related legal issues for judicial practice,co-contracting phenomenon. I focus on China’s foreign export of labor services in ourcurrent theory and practice of legal issues in order to determine our governmentshould assume the corresponding responsibilities. To improve the system of China’sforeign labor export, and ultimately to achieve the long-term stability to protect thelegitimate rights and interests of export workers and to promote the purpose of thesound output of the labor force.In this paper a total of four parts.The first part, China’s foreign labor exports. From the history and currentsituation of China’s foreign labor export and labor export forms and practices,combining the actual situation of China’s current labor market, which leads to thenecessity and importance to regulating and promoting the export of labor serviceThe second part of the existing legal system of China’s foreign labor exports,starting from the current of the legal system, pointing out the shortcomings in theexisting legal system, which led to the judicial practice of co-contracting phenomenonwhich leads to the system under the influence of the labor export the problems arisingin practice.The third part, the problems of China’s foreign export of labor legal system. The current labor export system is not perfect, no laws in practice, which led to thepractice of co-sentenced phenomenon as well as judgment or workers, or labor exportcompanies adversely affected. Due to the introduction of the "Labor Contract Law",the export of labor and services to send two different concepts confused, so that theexport of labor services in the development of reality facing many problems.The"Labor Contract Law" into the export of labor services related to labor exportcompanies to export workers to pay the full insurance; labor dispatch companies andworkers to sign a labor contract for more than two years, workers without workduring the no lifting of the labor dispatch service provider shall, in accordance withthe provisions of the seat of government the minimum wage to be paid monthlyremuneration; compensation and compensation after the termination of the contract;workers injuries caused by a6residue labor contracts, labor export constitutes"support life". This will undoubtedly increase the cost of labor export company,which eventually led to the rising costs onto the phenomenon of export workers. Andfocuses on the difference between the export of labor and services dispatched.The fourth part, to promote the development of China’s foreign labor export oflegal advice. Throughout the Philippines, India and other labor-exporting country ofthe common practice, the government lift enough weight to light the role played inthe process of labor export. The author believes that the responsibility of ourgovernment in the export of labor services has not been reflected, anti-governmentresponsibility borne by labor export companies in the exchanges between thecountries, the state or the government must balance the role of the main force, we cannot allow enterprises to bear a disproportionate burden, nor depending on the interestsof export workers regardless. So as to promote the stable and healthy development ofChina’s labor export industry.