| Along with all the way "area" construction,China in the field of foreign trade and foreign investment has made remarkable achievements,the labor force in the countries along the "area" more frequent communication,foreign labor relations more and more complex,increasing access to foreign labor dispute,the rule of law in our country still is not perfected,referring to relevant provisions of the law of the People's Republic of China foreign-related civil relationship between law applicable law","labor contract law" and "labor law" and other laws.As the initiator of the initiative,China does not have a foreign labor dispute resolution mechanism in line with the One Belt And One Road initiative.Respect the national conditions,this article rests on "area" initiative "peaceful cooperation,open inclusive,learn each other mutual learning,mutual benefit and win-win as the core spirit of the silk road and the development of the concept",put forward can protect the rights of foreign workers,and to promote the healthy development of the "area" initiative and respect for diversity of foreign labor dispute settlement mechanism.This paper is divided into seven parts.The first part summarizes the research background,domestic and foreign research status and research significance.The second part by identifying the foreign labor relationship to determine the scope of the study is based on foreign labor relations produce labor dispute is only belong to the foreign labor dispute,which will be based on labor relations excludes generated controversy in the study.Definition and classification of foreign labor dispute,emphasizes the significance of classification depends on the context of "area" all the way to the particularity of many developing countries,the legal system economy is uneven,foreshadowing for subsequent chapters.Three,four,five parts to laborers working line,from the perspective of the outside the territory of China,under the "area" initiative,litigation,arbitration,mediation three ways in the application of foreign labor dispute and deficiency,litigation and arbitration in dispute resolution outside the territory of China has obvious limitation,however,under the "area" initiative,the present labor disputes concerning foreign affairs mainly outside the form,the form of Chinese enterprises and foreign workers formed between labor disputes concerning foreign affairs is the main form,reason is "area" initiative is mainly for investment in infrastructure construction,along the countries to expand employment,formulate Labour standards,To make our country enterprise in the local must be a certain degree of hire local labor,so our country enterprise and the risk of foreign labor relations between foreign workers is higher,the labor disputes concerning foreign affairs is the most.However,the labor disputes have not been classified in China's legislation,which results in the failure of effective division of labor and cohesion between the three solutions.The sixth part,from the national and regional economic organizations of the labor dispute settlement mechanism to study the two dimensions,and reference to their good experience:classification,clear labor dispute settlement body,solution,clear different dispute apply different approach,institution.The seventh part,the analysis mentioned above under the "area" initiative dispute solution in the application of foreign labor dispute is insufficient,and should learn from good experiences,rests on "area" initiative,the article suggests the construction of foreign labor dispute settlement mechanism principle,the constructing idea and concrete measures,aims to build a flexible tolerance of foreign labor dispute settlement mechanism. |
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