Research On The Problems Of Foreigner Employment In China

With the trend of economic globalization and the transfer of global labor force,the number of foreigners working in China is increasing and the range of employment is wider,especially after China’s accession to the WTO,the number of foreigners working in China has added to 180,000 in 2006 from the number of less than 10,000 since the Rules for the Administration of Employment of Foreigners in China promulgated in 1996.According to the statistics made by related department of labor of Labor Bureau,by the end of 2011,the number of foreigners holding Employment Permit of Aliens and working in China has reached 241,900,and from 2006 to 2011,this number is increased by 34.4%,and the number of foreigners engaged in illegal employment is reached to 300,000 at the end of 2016.The situation of existing too many foreign workers has impacted on the stability of our country’s labor market,and more serious problems caused by illegal employment has harmed to our national sovereignty and security,the social order and health safety,etc.At present,there are some problems in the legislation of China,such as the lag of legislation and the faultiness of scope of regulation in the aspect of legislation,the lack of regulation in the new area of exception to the application of national treatment,and the lesser extent of punishment to people of illegal employment.And sometimes relevant law enforcement departments are uncoordinated and make poor enforcement,so this situation can’t make a deterrent effect on the those foreigners working in China illegally.This paper has great theoretical and practical meaning: it will helpful to solve the legal issues caused by the situation of foreigners engaged in illegal employment and improve the regulations of administrating the employment of foreigners,even have positive effect on the stability of our labor market.By using the methods of literature research,concept analysis and analogue study from the present situation of employment of foreigners in China and combining with relevant theories of International Law,this paper states the problem of lacking of macro-control to those foreign workers,mainly means lacking of control of thenumbers and scope of the foreign workers in legislation;the problem of not reflecting the area of employment of the exception to the application of national treatment clearly;the problem of not expanding the scope of regulations in the new area of exception to the application of national treatment;the problem of less extent of punishment to employers and employees of illegal employment;the problem of in-coordination and poor enforcement of relevant law enforcement departments.Based on the related legislation practices of foreign countries and under the principle of priority to protect our own labor force,this paper intends to help our country to establish a unified legislation to administrate the foreigner employment and to add the exception of national treatment in the legislation,and this paper makes a summary of the exception of national treatment in the legislation.The methods of strengthening the liability of the employers and the extent of punishment to employers of illegal employment will control the overall number,the work types and the work duration of the employment of foreigners strictly,especially the law enforcement must to enhance mutual cooperation and improve the efficiency of joint law enforcement.This paper helps to solve the problems of the employment of foreigner in China and strengthen international cooperation in the aspect of foreigner employment management,so as to adapt to the new development of international practices and improve our social legal system constantly.