The Study Of The Law Application To Foreign Labor Contract

As economic globalization deepens,past years have seen more frequent economic interactions as well as cross-border movement of labor resources among different countries,which give rise to increasing foreign related labor disputes.Unfortunately,due to the drawbacks of our existing legal system of foreign related labor law,judicial ruling standards of related disputes fall into chaos,which hinders workers' normal contacts in foreign related economic and business activities.Under these circumstances,how to apply relevant laws in foreign related labor activities becomes increasingly important.Firstly,this paper distinguishes the concept and boundary of foreign related contracts from foreign related relations,and clarifies the definition of foreign related relations in this paper.Secondly,this paper introduces advanced foreign experience and their reference significance.Thirdly,by comparing advanced law-making experience,this paper analyses existing problems in China's current legislation process.Generally speaking,they can be divided into five categories:1.Regulations about law applications in the area of foreign related contracts are disperse and fail to form a system;2.Because there is no unified legislation,making the settlement of foreign labor contract disputes based on the lower level of local lawsand departmental regulations,resulting in leading to judicial practice in the referee standards are not unified;3.The space of the range of application to the principle of autonomy in the existing statute is compressed;4.The objective connecting ground of foreign law application is undefined;5.The scope and standards of the peremptory norm of the direct application are not specified.Finally,aiming at the current problems in the legislation,the author made the following suggestions:1.To set up independent legislation of foreign labor dispute,in order to improve the legislative system.To sort out the existing legal provisions related to foreign labor contracts,and to coexist with the mandatory norms,arbitrary norms and international treaties in the field of domestic labor law;2.For the purpose of making the flexible legal application space,it is proposed to establish a flexible principle of legal application,including allowing the parties to choose the law of the agreement,the appropriate restrictions on the scope of the law of choice,the law should not violate the mandatory norms of the court,the most closely linked to the principle applied labor contract field;3.In order to avoid the abuse of justice,it is recommended that the scope of application of the mandatory norm and the conditions of application should be defined;4.Be aimed at avoiding the ambiguity of the standard application,it is proposed to clarify the scope of application and the criterion of objective connecting groud in conflict law.