On The Right Of Endowment Insurance For Foreign Workers In China

With the continuous deepening of globalization,China's reform and opening has entered its 40 th year.The prosperity of the Chinese economy and more convenient social services have attracted more and more foreigners to work in China.Many of these foreigners who are employed in China satisfy the requirement of subject of right in China's "Labor Law" and the "Social Insurance Law." This type of foreigner is referred to in this paper as a foreign worker.At this stage,however,our country has little experience in dealing with application of to foreign-related labor legal relations.The laws and regulations governing foreign migrant workers are relatively fragmented.In particular,there is still a relatively low level of legislation on the protection of the social insurance rights of foreigners in China.The regulations between higher-level and lower level law,among local law are in conflict.This paper analyzes the current status of the rights of endowment insurance for foreign workers in China through legal analysis methods such as semantic interpretation,system interpretation and cost-value analysis.At the same time,with reference to the experiences of the ILO,the EU,and other countries and regions in the governance of migrant workers,some suggestions and opinions are given on the actual legislative status.We hope to bring some references to the integration and reorganization of foreign labor legislation at the current stage and judicial decisions.This article is divided into three parts: the introduction,the main body and the conclusion.Now we briefly introduce the main part:The first part of the main part explains the concept and classification of foreign workers.According to the "Nationality Law," "Immigration Control Law," and "Rules for the administration of employment of foreigners in China" and other laws and regulations,employment in China is broadly divided into laborers and non-laborers.And according to foreigners who come to China with different ways of employment,the employment approach is attributed to the mother-subsidiary company form,labor dispatch form,independent choice of occupation and othertypes.Using legal analysis on their labor relations between the two sides,specifically determine what types of foreigners meet the foreign laborers concept.In the second part of paper,provides Jurisprudence,theoretical,and legal explanations for the right of foreign workers to enjoy endowment insurance in China.According to jurisprudence and constitutional law,foreign workers enjoys the right to endowment insurance and freedom to migrate during the migration process.However,this right is not derived through legal logic,it is combined with specific rights to achieve results.In third part of the paper,based on the collection and analysis of specific cases,summarizes the problems in real legislative and judicial practice.In judicial practice,the standards for the identification of foreign workers in various places are different,which leads to differences in the application of substantive laws and procedural laws and differences in legal effects.In addition,although our country's legislation establishes a portable system for endowment insurance after foreign workers leave China,this provision has not been refined.In fourth part of the paper,in response to the questions written in the third part,gives some advice on the legal norms of foreign labor in China at the current stage,taking into account the experience of the ILO,foreign legislation,and judicial decisions.In the United States,there are mature classification provisions for labor immigrants to facilitate their consent to management and protection.Japanese law has specific implementation methods for the portable insurance system for endowment insurance,which is helpful for the realization of the right of endowment for foreign workers.Learning from the relevant provisions of the above countries and improve our country's relevant legislative rules.As the differentiation in the labor market becomes more and more obvious,the demand for foreign laborers in China is also increasing.The demand for these position are mostly in the areas of high-grade,precision and advanced,finance,and foreign-related laws.With the constant deepening of reform and opening up and the constant changes in the international economic structure,China urgently needs to make breakthroughs in some high-technology fields,and people are the most active factor in productivity.By improving the rights of foreign workers to work in China,attracting foreign high-quality laborers to work in China.This is a problem that thisarticle emphasizes and hopes to solve.