On The Legal Protection Of China's Overseas Labor Rights And Interests

The problem of protecting the rights and interests of overseas labor is a matter of concern all over the world.China has the largest number of workers in the world,With the reform and opening up,the "going out" strategy and our country "The Belt and Road" initiative to promote and implement,the number of overseas labor in China is also increasing.The current situation of the protection of personal safety and legitimate rights and interests of Chinese overseas workers is not optimistic,and their legitimate rights are often violated in varying degrees,China urgently needs to pay attention to and solve the problem of legal rights protection of overseas labor.While the existing protection mechanism in our country has achieved certain achievements,there are also many problems.Such as the practice of heavy diplomatic and consular protection,light legal protection;Diplomatic and consular protection personnel and funds are limited and can not be dealt with;The regulation of domestic related laws and regulations is small,the content is not comprehensive,the law level is low,and the effect of protection is not obvious;Do not attach importance to the integration of International Labour Standards?Cooperation with the International Labour Organization and the signing of a labour protection agreement with other countries;The management setup is unreasonable?The overseas labor service system is backward?Labor law consciousness is weak,etc.In view of the above problems existing in our country,Through the analysis of the object of overseas labor protection?Specific rights content and the source of law at home and abroad,Absorption and reference the methods and measures of the more mature countries such as the Philippines.From the perspective of law,the author puts forward the perfect path of China's overseas labor rights protection system.That is,foreign labor legislation ? Diplomatic and consular protection mechanisms ?Coordination mechanism at home and abroad?International Labour standards and Labour agreements?Labor assignment mechanism and foreign labor service cooperation service system and other aspects.To build a coordinated,comprehensive,concrete and operational effective legal protection mechanism.