Study On The Applicable Law In Labor Dispute Concerning Foreign Affairs

As economic globalization deepens,past years have seen more frequent economic interactions as well as cross-border movement of labor resources among Different countries,which give rise increasing foreign related labor disputes.Unfortunately,due to the drawbacks of our existing legal system of foreign related labor law,judicial ruling standards of related disputes fall into chaos,which hinders workers normal contacts in foreign related economic and business activities.Under these circumstances,how to apply relevant laws foreign related labor activities becomes increasingly important.Firstly,this paper distinguish concept and boundary of foreign related contracts from foreign related relations,and clarifies the definition of foreign related relations in this paper.Secondly,it lists the relevant advanced legislative experience of abroad and elaborates on its reference to the legislation of our country.Through the four main principles,it is the principle of autonomy of will,the principle of closest connection,the principle of direct application of law and the principle of protection of the weak,Starting from these four principles to put forward the relevant suggestions on the benefits of our country's legal construction.At the end of this article,I elaborate on the perfect opinions on the legislation in this field in our country and put forward the legislative suggestions to the laws such as "Labor Law","Labor Contract Law","Labor Standards Law" and "Law Applicable Law" At the same time,this article also puts forward my own thoughts on the employment of foreigners in our country.In the protection of employment of foreigners,we should also take the principle of protection of the interests of the weak as a guide.At first,we should clarify the jurisdiction over foreign labor contract disputes.On the basis of the principle of fault,the problem of "illegal employment" of foreigners should be rationally solved,and a new dispute settlement mechanism for labor contracts should also be established.On this basis,the construction of an international cooperation mechanism is also urgent.On the basis of the above,the starting point of this paper is to hope to protect workers' interests to a greater extent.However,on the basis of protecting the legitimate interests of laborers,it can not unduly damage the interests of enterprises,and only a win-win situation can make society develop better.