Research On The Application Of Laws Concerning Foreign Labor Contracts In China

With the development of China's law,labor law has become an important content of social law,both characteristics of public and private law.The economic globalization,The Belt and Road interconnection,the labor force in the global scope more and more frequent communication,foreign labor relations more complex,how to organize the foreign labor relations,labor contract norms,become a national concern.Relates to foreign labor contract to domestic and foreign enterprises and workers,compared to the domestic labor legal relationship is more complex,treat foreign labor relations and the settlement of labor disputes the starting point,the first problem is to solve China's foreign-related labor contract law applicable.The development of law in China has been continuously improved,and the laws concerning foreign labor have also made rapid progress.From the legislative thinking to the convergence with international practice,a great improvement has been made.From all the provisions of applicable mandatory law,to clear to the conflict of laws principles as the basis for foreign-related legal issues,reflected in the "foreign economic contract law","law" applicable to foreign-related civil relations law etc..At the same time of the development of law,there are some defects in practice.On the one hand,with China's enterprises to go out of the pace of increase,especially the practice of The Belt and Road "strategy,labor management localization and Chinese enterprises facing the country employment risk increase,causing direct economic losses of significant and even lead to the failure of the project case is not uncommon.On the other hand,if in accordance with the mandatory law is the direct application of the laws of our country,especially in countries where the law is superior to foreigners in Chinese law case,there may be cause department within the territory of the rights and interests of workers cannot get a comprehensive,fully guaranteed.So how will foreign labor law reasonable provisions to ensure the accuracy of relevant laws,applicable and regulate foreign labor to mergers and acquisitions in overseas and overseas infrastructure projects,control the risk of employment,become a need to address the issue.In this paper,the foreign labor relations have been clearly defined.And on this basis,six kinds of foreign-related cases are introduced,combined with our existing legal practice problems focus is incompatible with the practice and reference to the design and the principle of extraterritorial foreign labor legal relation of the relevant legal system,and then summed up the legislation of our country to learn the principles and ideas.With the The Belt and Road strategy and further promote the transfer of excess capacity,China enterprises to go,our foreign workers and to our country foreign exchange workers have normalized,in the protection of workers and enterprises to fully enjoy the rights and interests of the target,such as allowing the parties according to the applicable choice of the legal relationship between their wishes,it is more perfect.At the same time,it has become an important part of reducing the disputes concerning labor relations between foreign countries and enterprises to improve the sense of law-abiding and rights awareness of the state,enterprises and workers.Finally,this paper puts forward improvement opinions and suggestions from the domestic legal system of scientific,applicable rules of International Union and international convention and cooperation mechanism and strengthen the protection of the weak seamless four aspects.