An Analysis Of Xiao Shu V. Hongkong British American Tobacco Company Due To Disputes Over Labor's Right

With the acceleration of the process of economic globalization,China's economic and trade exchanges with other countries have become more frequent.The rapid economic development has not only attracted many foreign citizens to enter the country,but has also given Chinese workers the opportunity to work abroad.Of course,this situation will inevitably be accompanied by a significant increase in the number of domestic foreign labor disputes.Therefore,it is self-evident that the perfect protection system for laborers and a good legal environment are important.However,our country's legislation on foreign-related labor is not perfect.Moreover,since the promulgation of the "Labor Law" in China,there have been major changes in the actual situation,such as the types and scope of foreign-related labor relations.In order to better cope with these changes,China has successively enacted a series of laws and regulations dealing with foreign-related labor relations,including the "Regulations on the Administration of Foreigners in China's Employment" and the "Law of the People's Republic of China on the Application of Civil Relations in Foreign Relations." To a certain extent,these laws and regulations do play a role in solving foreign-related labor disputes.However,with the development of commercial trade,the foreign-related labor disputes faced by the judiciary have become increasingly complex and complex.There is still some conflict between these laws and regulations.The law also does not have a systematic application system for foreign-related labor disputes.It may even give people an impression of confusion.In view of the confusion in foreign-related labor legislation in our country and the problems in theory and practice concerning foreign-related labor disputes,this paper proposes to use Xiao Shu v.British American Tobacco(China)Co.,Ltd.labor dispute case as an entry point to thoroughly explore the cases of foreign-related labor disputes in China.Problems in the judicial practice,and put forward suggestions for improvement.This article is divided into four parts.The first part is about the case.This article first briefly describes the case of Shawshu v.Anglo-American(China)company's labor dispute case and summarizes the controversial focus according to the court's judgment,including thedetermination of foreign-related labor relations,the identification of foreign-related issues,and the application of laws.The second part discusses theoretical and practical aspects of the identification of foreign-related issues and legal relationships in this case.The third part focuses on the determination of the applicable law and the interpretation of Article 43 of the“Law on the Application of Law on Civil Liability in Foreign Matters” through the discussion of the application of the law to Xiao Shu v.British American Tobacco(China)Corporation's labor dispute case.The last part is based on this case to further analyze the problems existing in the practice of foreign-related labor disputes in order to carry out reflections,summaries,and suggestions for improvement.