Protect The Weak Party In The Choice Of Laws For The International Labor Contract

The legal relationship of international labor contract is an emerging field followed by the expansion of regulating object of current private international law in foreign-related civil and commercial legal relationship.The reason of the general principles which contain the principle of party autonomy applied primarily and the doctrine of the most significant relation applied as a supplement shouldn’t be applied in the international labor contract simply is that the interests of the weak party generated from glaring disparity in status between the labor and the employer in the international labor contract should be given special protection when the applicable law is fixed in the application of law.At present,the modes presented in the legislative and judicial practice of the application of the laws for the international labor contract among the international private law of countries around the world take on a wide variety of characteristics,but on the whole,there are just two adjusting methods,one is indirect regulating method,and the other is direct regulating method.The meaning of indirect regulating method is that the guide of protecting the labor’s interests should be obeyed when the applicable law is fixed in the international labor contract by confines of applying the principle of party autonomy and the doctrine of the most significant relation in the application of law.To the direct regulating method,it mainly applies the “immediate law” which has the priority from the labor law of national legislation to protect the labor’s interests by adjusting the relation of international labor contract.The two modes above of protecting the labor’s interests are contained in our country’s legislation of conflict rules.The Law of the Application of Law for Foreign-related Civil Relations was enacted at 2010,the article 43 provides the indirect regulating method,and the article 4 provides the direct regulating method.Although the words about protecting the labor’s interests can’t be found in these provisions,both in the selection of domicile of the article 43 and in the category of mandatory provision which are applied directly of the article 4 reflect the protection of the weak party.However,on the topic of protecting the weak party in the application of the laws for the international labor contract,in our country’s legislative and judicial practice,there are still many burning issues to be solved,for example,how to provide the greatest possible protection for the labor’s interests,this paper is divided into four parts to discuss the above problems.In the first part,it mainly discusses the attribute of the weak and the two theories of the protection for the weak in private international law.In this part,the introduction of describing the attribute of the weak party is the concept of the weak party and its legal characteristics.The unique connotation and legal characteristics of the weak party are highlighted from the perspective of law by the description of the concept of the weak party in different subjects.In the second part,firstly,it explains the connotation of the international labor contract,and summarizes the practical requirements for the protection of the interests of the weak party in the application of law.Secondly,the rules of application of law and judicial practice of the European Union’s contractual obligation is analyzed properly.At last of this part,the institutional system of protecting the weak party in the application of the law for the international labor contract is described in detail,meanwhile,the content of this part also compares the characteristics of these different systems.In the third part,the way of protecting the labor’s interests in the international labor contract is summarized into two categories,that is indirect regulating method and direct regulating method.Generally speaking,the indirect regulating method which is applied widely in the international community mainly involves two basic principles in the application of the laws for the international contract,one is the principle of party autonomy,and the other is the doctrine of the most significant relation.In the last part,it refers to the research on the legislative and judicial situation of our country.Firstly,the content of this part,combs the legislative and judicial practice of our country’s past and current conditions of protecting the weak’s interests in the application of the laws for the international labor contract.Secondly,the content of this part also points out some problems.Some ideas and suggestions put forward at the end of this paper are used for improving the conditions of protecting the labor’s interests in the application of the laws for the international labor contract.