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

With the development of economic globalization, the connections between various countriesbecome closer.The market is openingfurther and labor force communicates more frequent, especiallyafter China’s accession to the WTO. Various data shows that multinational companies and large-scaleflow of labor has become necessarily. Under the background of international economic and tradeexchanges, it is important that how to apply laws better in the field of labor contracts with foreignelements. This article puts forward its own doubts through description on the existing application status,and explains the applicable law of labor contractual relations with foreign elements with domestictransverse longitudinal historical comparison method and abroad comparison method. Compared tocurrent laws in our country, the author suggests that establish unified international private law formallyand make it as a system, which is not only beneficial to the interaction between the law, but alsoconvenient to the judge. On the other hand, the author puts forward introducing Party Autonomy and thePrinciple of Protecting the Weak, perfecting the Doctrine of the Most Significant Relationship and“Directly Applicable Law”, hoping to construct and improve the laws in our country. This articlealtogether is divided into the following several parts:The first part carries on the related background, shows the importance of applicable law on thelabor contracts with foreign elements, following presents the situation and related problemsby vividexamples. The main body gives a briefly introduction of applicable law on the labor contracts withforeign elements at the beginning, distinguishes the relevant concepts, qualitative labor contracts withforeign elements, establish foundation for further study.The second part explains Party Autonomy, briefly introduces the definition of the principle anddevelopment course, and then through the brief analysis of foreign legislation and domestic legislationprocess, summarizes our country present legislation should introduce the principle of Party Autonomy,combining rigid and flexible legislation perfectly.The third part mainly describes the Most Significant Relationship principle, also exploring theadvanced experience through foreign legislation, summed up the applicable way in our country andsuggests its legal status should be rise from supplementary provisions to principled provisions.The fourth part discuss “Directly Applicable Law” as an important method for applying, putsforward the rationality of it in our country, shows the author’s opinion and therelevant channels ofimprovement.The fifth part focuses on the Principle of Protecting the Weak. the principle presents the privateinternational law legislation is gradually shifted from the pursuit of formal justice to the pursuit ofessential justice, our legislations are essentially reflected the principle from the form, content, but didnot write the principle in the law, in view of this, the author suggests that this principle should carry outand implements a basic principle in order to keep up with the trend of the legislation construction.The sixth part reaches a conclusion based on the full text before, thinks that it is necessary to establish relevant system of private international law in our country, not only advantageous to ourcountry’s legal system construction, but also will help protect workers and related enterprises better.