Studies Of The Conflict Of The Labor Contract

There are a lot of Labor contract dispute which contain foreign factors in judicial practice, because of our labor and private international law on legislation. This kind of situation is bad for the development of out economic and the protection of the laborers’rights and interests. Therefore, we need to formulate special conflict of labor contract law in order to adjust and regulate. This article is based on actual and reflects this application value. The author maintains that the legislation of the conflict of labor contract law should divide into three parts:Jurisdiction, Applicable law and Acknowledgement and enforcement. The author maintains that the first we should define the nature of the labor contract, the second we should determine jurisdiction separately. We need to clear the relationship between the labor arbitration and labor lawsuit before defining the jurisdiction in order to protect the laborers’ action rights. The applicable law is the key of this paper. The author suggests combining the Theory of Autonomy of Will and "Directly applicable law". The author uses "Directly applicable law "as the minimum standard and uses the Theory of Autonomy of Will as the important method which can obtain more rights. In acknowledgement and enforcement, the author maintains that our courts should expand the range of acceptance. In Chinese legal district we should basis on the equality and mutual benefit, we should low our courts’ acceptance standard to protect the laborers’rights and interests in order to maintain economic and trade exchanges. The author hopes that this paper will guide a practice operation in Labor Law judicial practice.