On The Civil Legal Liabilities Of Foreign Labor Cooperation Enterprises

Since China’s reform and opening up, China’s foreign labor service cooperation business is developing rapidly. However, compared with traditional labor export power, China’s foreign labor service cooperation is still in its infancy stage, many problems have been gradually exposed. Many situations prominent increasingly, such as foreign employers in violation of the labor service cooperation contract frequently, the disputes between assignment services personnel and Labor service cooperation business, and the worker’s legitimate rights and interests are not guaranteed. Due to the incomplete assignment labor export management mechanism and imperfect law system, the situation of conflicting policies from different departments is widespread, the unclear of the labor service cooperation enterprise’s power and responsibility, the weakness of the labor service personnel’s legal consciousness, the phenomenon of the less rigorous, unreasonable and illegal labor contract content is serious, all of these have lead to labor workers’legitimate rights and interests cannot get effective protection, hindered the assignment services smoothly, and affect the healthy development of the foreign labor cooperation in our country. In foreign labor cooperation, foreign labor service cooperation enterprises occupy the important position. Clearing its legal liability is beneficial to clarify the expatriate labor relations and develop our country foreign labor cooperation.This thesis revolves around the civil liability of foreign labor cooperation enterprise, mainly from the five aspects to unfold a discourse, specific as follows:The first part, the civil legal liabilities of foreign labor cooperation enterprises in China’s history. Analyzes the development history of foreign labor cooperation, in the process of the development and cooperation of labor service enterprise development course and the characteristics of civil legal responsibility.The second part, analysis the law relationship of our labor cooperation. This part mainly analyzes the regulations on the administration of foreign labor cooperation of labor service cooperation business and the nature of the legal relationship between workers and respectively, from the perspective of the labor contract and service contract relations, the rights and obligations of labor service cooperation enterprises were analyzed.The third part is the civil legal responsibility of foreign labor service cooperation enterprise. On the basis of the basic principles of civil law responsibility, cooperation of labor service enterprises is analyzed in detail in the "regulations on the administration of foreign labor cooperation" in the civil legal liability.The fourth part is the defect of the civil legal liability of labor services cooperation enterprises in the "regulations on the administration of foreign labor cooperation". The enterprise specific defects of civil law responsibility were analyzed.The fifth part, in the view of the defects of civil legal liability of labor service cooperation enterprise in the "regulations on the administration of foreign labor cooperation" and the actual situation of our country, proposed advices about consummate our country civil legal liabilities of labor service cooperation business.