The Legal Protection Of Labor Rights In Chinese Foreign Labor Cooperation

Under the background of economic globalization, the communication between different countries in economy, politics and culture becomes more and more intense. We have deepened our foreign labor cooperation and communication, and have broadened the scale and territorial scope of it. The number of labor export has been rising, and this has made great contribution to our economic development. With the rapid development of foreign labor cooperation, foreign labor disputes have been increasing. The rights of contract labors will be infringed frequently. The protection of our contract labor rights is becoming more and more important, since it is not only related to the protection of rights; it also has great impact on the image and international status of our country. In 2012, the State Council has issued Regulation on the Administration of Foreign Labor Cooperation, which is our first administrative regulation aimed at the management of foreign labor cooperation, and it has great significance in protecting the contract labor rights. But this administrative regulation is not perfect enough, and it cannot solve all the problems occurred in foreign labor cooperation. Philippines is well-known for its export of labor service, and it has thorough rights protection system for overseas labors, from which we can learn a lot. We should make a deep analysis of the deficiency of our protection of our labor rights, and learn from Philippine and other countries’ experience, so as to improve our related laws and regulations. This thesis consists of four parts.In the first part, the infringements of labor rights and the status quo of legal protection in Chinese foreign labor cooperation are analyzed. The manifestos of labor rights infringements mainly contain the infringements of contractual rights such as the rights to get paid, the rights to have breaks and holidays, the rights to get social insurance, the rights to get vocational training, the rights to ensure the occupation safety and health and so on, and the infringements of non-contractual rights like personal dignity and freedom. As to the legislation of labor rights protection in Chinese foreign labor cooperation, foreign labor cooperation is not involved in the Labor Law and Labor Contract Law. So it is standardized by Regulation on the Administration of Foreign Labor Cooperation drawn up by the State Council, some department regulations and normative documents.In the second part, the reasons of the Chinese labor rights infringement in foreign labor cooperation are analyzed, including the imperfect laws and regulations of foreign labor cooperation, the deviation of governments’ administration, the non-standard business operation of enterprises, the low quality and self-protection abilities of workers, our country’s few connections with the International Labor Organization and the imperfect contracts of foreign labor cooperation.In the third part, the foreign labor rights protection system in Philippines and its reference significance are introduced. As a large labor export country, Philippines has a relatively complete protection system for laborers.abroad, from which we can draw inspiration in such aspects as the legislation for the labor rights protection, the organization of the government departments and their functions, and the compulsory insurance system for labors working oversea.In the fourth part, six suggestions on protecting Chinese labor rights in foreign labor cooperation are proposed based on the existing problems and experiences of Philippines. First, to propose suggestions on improving laws and regulations in foreign labor cooperation in the respect of adjusting the range of Labor Law and completing the Regulation of Foreign Labor Cooperation. Second, to improve rules by implementing the principle of the weak protection. Third, to give full play to the government to provide all aspects of the service. Fourth, to strengthen management and standardize market order. Fifth, to improve workers’ quality by training. Sixth, to build international labor service cooperation mechanism by strengthening the communication between governments and the International Labor Organization with the help of labor union and non-governmental organization.