Legal Risks Of Labor Employment For China Investment In Southern Africa

The study of legal risks of labor employment for China investment in Southern Africa develops from the following aspects:trade unions and negotiations;non-discrimination in recruitment and employment(equal rights of employment and work);the wage system;working hours,rest and leave.The first two aspects reflect freedom of association and equal rights in the core international labor standards.The latter two aspects focus on the general international labor standards,which results from the new development of international labor standards in globalization.With the accelerated pace of Chinese enterprises "going out",a variety of problems in foreign investment and post-investment have gradually been revealed,among which the legal risks of labor employment are particularly noteworthy.Since Southern Africa is one of the most important outbound investment destinations for Chinese enterprises,the study of the legal risks of labor employment in the region is of practical significance.This study focuses on southern Africa,with the South Africa,Zambia,Zimbabwe as the object nation of the study,considering the three countries being adjacent,moderate-sized,and important investment targets for China.Also,these three countries shared certain common law features in their legal system because they all had been British colonies.The study takes the labor standards of these three nations as the starting point to explore legal risks of labor employment for China investment in Southern Africa and then to put forward suggestions to deal with the legal risks.Based on the theory of risk management and employment of the comparative method,the study concentrates on the analysis and solution of legal risks of labor employment.The First step is risk identification.China investment in Africa has experienced difficulties in labor relations,some of which caused seriously negative consequence.The study analyzes the problems and difficulties in labor relations first and then identify the legal risk factors from four aspects.The next step is the analysis process,which is the evaluation and comment of the legal risk factors.The last problem-solving part includes suggestion based on the practice of Chinese enterprises for dealing with the legal risks of labor employment.As for prevention and solution of legal risks of labor employment for investment in southern Africa,different subjects varies:trade unions and negotiations;non-discrimination in recruitment and employment;the wage system;working hours,rest and leave.On the whole,to prevent the legal risk in labor relations in investment for China corporations,realization and full compliance with the law is far from enough.A more ideal solution requires investors to better fulfill their corporate social responsibility,establish awareness of human rights,and adapt to the local society and culture.Only in such way,can the positive interaction between the investor and the host country be achieved,and the balance between the profit of the investor and the social and economic development of the host country can be obtained.