Study On The Application Of Mandatory Rules In The International Contract

The Mandatory rules in international labor contract is to point to in order toprotect the laborer rights and interests of the parties cannot be excluded by aconvention applies, not through conflict rules to guide and direct apply tointernational labor contract relationship between legal norms. Its purpose is to protectthe rights and interests of foreign workers in the labor contract legal relation, from thepoint of view of the nature of legal norms, mandatory rules of international laborcontract entities with the combination of public law and private law, normative.International labor contract with the mandatory rules applicable in legislation andjudicial practice of all countries, analysis the legislation and judicial practiceconcerning foreign affairs labor contract can be found in the mandatory rules is thelimitation on the principle of party autonomy and necessary complement, therelationship between the two complement each other. According to law andeconomics theory, the application of the mandatory rules can prevent frominternational labor contract due to the economic strength difference between theparties, the occurrence of information asymmetry and damage the interest of workerssituation; Can reduce the contracting costs concerning foreign affairs labor contractconcluded by the parties. From the fairness and justice value of law theory, mandatoryrules of international labor contract in accordance with natural law concept of justice,but also meet the theory of justice of Rawls under the veil of ignorance of theprinciples of fairness and justice.Law of the Application of Law for Foreign-related Civil Relations of thePeople’s Republic of China and its judicial interpretation has been clear about thecompulsory in our country concerning foreign affairs labor contract rules applicablemethods. But its completely denies the role of party autonomy in international laborcontract, the parties and mandatory rules applicable conditions exist unreasonableconditions, mandatory rules of judgment is vague and even result in internationallabor contracts instead of mandatory rules shall apply in the unfavorable to protect therights and interests of workers. Therefore, need to apply in our country concerningforeign affairs labor contract legislation perfect compulsory rules. First of all, shouldallow the parties to choose applicable labor contract law concerning foreign affairs;Second, by mandatory rules to limit the autonomy of the parties; Again, reconstruction mandatory rules applicable conditions; Finally, a clear judgmentstandard mandatory rules.