Evaluation And Analysis Of Choice Of Law Of Foreign- Related Labor Contract

Under the background of globalization, The cross-border movement of the labor force is becoming more and more active, and the globalization of labor force is accelerating, the legal person and natural person in different regions and countries have broken the traditional labor relations.Affected by this, Chinese labor's cooperation and exchange with foreign have been deepened.But the problems and disputes are more and more, the protection of the interests of workers is also becoming increasingly prominent. Whether a country have perfect international labor and corresponding supporting policies, laws and regulations and legal guarantee for the protection of domestic workers are one of the important factors to measure the urbanization level in the country legal system. In the present world, many countries have their own laws and regulations on foreign labor law.Before 2011, our country has only some scattered provisions in the choice of law, the content is also lack of clarity and rigor.With the introduction of the“Law of the People's Republic of China on Choice of Law for Foreign-related Civil Relationships”of 2011(hereinafter referred to as “Choice of Law”)and “The Interpretations of the Supreme People's Court on Several Issues Concerning Application of Law of the People's Republic of China on Choice of Law for Foreign-Related Civil Relationships(I)”(hereinafter referred to as “Interpretations(I)”), our country has made up for the lack of legal application of foreign labor relations disputes. However, there are contradiction in the law applicable of foreign labor contract disputes between the Article 42 of the “Law of the People's Republic of China on Choice of Law for Foreign-related Civil Relationships”and Article 10 of its“Interpretations(I)”.Therefore, to deal with the contradiction between the two, to apply the law correctly, to protect the workers are of great significance.This paper focus on the case about Li Yongying and Ameican ORIGINAL Corporation and analyzing the problem of choice of law concerned the case.This paper is divided into four parts except the introduction.First part is the case introduction. For labor dispute with American ORIGINAL Corporation, the prosecutor Li Yongying has been submitted a case to the court. Later Li has logged appeal against the first trial verdict to Guangzhou Intermediate People's Court. Based on the detailed introduction of the case, the controversy focuses are briefly summarized including the recognition of the foreign labor relations and confirmation of applicable rules of the law.The second part explicitly analyses the involved recognition of the foreign labor relations. First one is the introduction to the recognition identification of parties concerned and judges. The following is the analysis of the involved recognition identification by comparison between foreign labor relations and foreign employment relationship.The third part is the attentive analysis of the law applicable rules of foreign labor contrast. Firstly comes the summary of the law applicable rules of foreign labor contrast and introduction to three current legislative ways. Next one is the discussion of the involved disputes about law applicable rules.The last part is reflection of the law applicable rules about case. First, the reconsideration and summary of identification,including the importance of identification and taking the protection of weakness and material justice into consideration during identification. Then is the analysis of disagreement between article 43 of choice of law and article 10 in Interpretations(I) ending with exploration of specific adjustments and sound recommendations.