On The Protection Of The Rights And Inerests Of Expatriate Workers

In the background of the globalization of the labor market, the output of China’s laborforce is also booming. In our country, the source of foreign labor exports has long beenexisted, however, for certain historical reasons, now foreign labor exports is called overseaslabor cooperation, Employees Dispatched Abroad is an important part of overseas laborcooperation. With the continuous development of China’s overseas labor, the damagephenomena of expatriate workers’ rights is also increasing, coupled with the particularity ofexpatriate labor, making the expatriate labor’s rights protection become an unavoidableproblem. In2012, introduction of the " foreign labor service cooperation regulations" is toprotect the rights of expatriate workers as a starting point, made a preliminary provision forthe rights and obligations of the parties and the government’s service, there’s no doubt that itmakes due contributions to the legitimacy and normative of expatriate labor environment.However, only a " Regulations" is difficult to meet the evolving needs of expatriate labormarkets, protect the rights of expatriate labor still need to devoted more attention, the lack oflegislation in practice still need improvement."Regulations" divide expatriate labor into twocategories, namely intermediary type expatriate labor and labor dispatch type expatriate labor,for the second type of expatriate labor, because the relevant legislation and academia have amore comprehensive study on it, so this article focuses on analyzing the first type ofprotection of rights and interests of laborers, in order to appeal to this kind of expatriateworkers devote more attention. This paper will discuss the expatriate labor rights’ protectionquestion in four parts:Part1: A brief introduction to the concept, features and classification of EmployeesDispatched Abroad. From the basic concept of the Foreign Labor Cooperation and it’shistorical origin and types, it points out the concept of Employees Dispatched Abroad,analyze it’s features and the classification that the Regulation stipulated.Part2: Citing numerous facts to reflect the damage phenomena of expatriate workers’rights and analyze the reason. First, the facts tell us that as vulnerable groups, expatriateworkers deserve our protection and we should pay more attention to them. With acomprehensive analysis of the different cases and the tripartite labor relations of EmployeesDispatched Abroad, to summarize the main reason why expatriate workers suffered from the damages.Part3: Analyzing the legislative in protecting expatriate workers to identify thedeficiencies in legislation at the present stage. Firstly, the author summed up the generalcharacteristics of Employees Dispatched Abroad by sorting out the legislative survey.Pointing out that the legal regulations should focuses on the management and regulations forthe enterprise to protect the legitimate rights and inerests of expariate labores. Finally, talkingabout the inadequacies of the regulation.Part4: To make some recommendations for the protection of expatriate workers in orderto improve the rule of the law. The author put forward realistic characteristics for EmployeesDispatched Abroad, mainly from regulate the expatriate enterprises, improve the expatriatelabor training system, strengthen foreign labor cooperation service platform and government’ssecurity and other aspects of the specific measures to improve.