| With the rapid development of China’s economics,there are a growing number of aliens applying for jobs in China,which has brought about challenges related to immigration management.This thesis mainly focuses the research on aliens who have obtained a job in China,and on the protection of their legal rights.Through the process of concepts definition and analysis of laws in force,the author has summarized several legal issues and has finally generated the legal advice,hoping to lay a positive effect on the movements of drafting Immigration Law of China and the establishment of China Immigration Office.This thesis contains three parts,namely the Introduction,Main Contents and Conclusions.And the Main Contents has been divided into four chapters.In the Chapter I,firstly this thesis primarily focused on the introduction and definition of fundamental concepts.The concepts of “foreign employees in China” refers to aliens or individuals without nationalities who gain his/her living in China and have no access to diplomatic privileges or consular privileges.The concepts of “rights protection” refers to the right to work,the right to work equally and the right of everyone to the enjoyment of just and favorable conditions of work.In the Chapter II,the author has researched and analyzed laws in force with respect of the rights protection of foreign employees in China.According to Constitution of the People’s Republic of China,the aliens’ legal interests shall be protected.According to Labor Law of the People’s Republic of China,the labors’ fundamental rights shall be protected.And according to Laws of the People’s Republic of China on Application of Law to Foreign-Related Civil Relations,employees are allowed to choose a law to govern the issue of rights protection,of which they may take advantage.In the Chapter III,the author has analyzed issues of rights protection of foreign employees in China from three different perspectives.Firstly,from the perspective of substantial law,the author hold that we may need an act aiming at the rights protection of foreign employees.Also,we may revise the scope of jurisdiction of labor laws in force.Secondly,from the perspective of applicable law,the author hold that we may revise regulations related to rights protection of foreign employees in China due to the lack of principle of party autonomy.Thirdly,from the perspective of conflicts resolutions,the author hold that it can’t be satisfied with all the requirements regarding rights protection of foreign employees in China since we only have a narrow pass with respect to the resolutions of labor conflicts.In the Chapter IV,firstly,the author advocates that the China should accede to more Covenants regarding international labor standards.Secondly,a law which governs the whole issues of foreign employees in China should be drafted and passed eventually.Thirdly,there is necessary to make the principle of party autonomy available in the rules of applicable law and we should be cautious in use of peremptory norms.Finally,measures should be taken to improve the effectiveness of current resolutions of labor conflicts. |
