Research On The Legal Issues Of Work-related Injury Relief For Overseas Workers In China

Due to the special nature of their work,Chinese dispatched laborers have dual labor relations.The dual labor relations refer to the fact that Chinese dispatched laborers can establish labor relations with the employing units according to the laws of China,and also establish labor relations with foreign employing enterprises according to the laws of the place where they work.Our country "byelao of inductrial in jury insurance"the regulation of article 44,the worker attended local inductrial injury insurance in the country of its work or area,its domestic inductrial injury insurance suspends subsequently.Based on the above,it is difficult to obtain legal relief due to the complex situation when China's dispatched workers are involved in industrial accidents.When our country is sent abroad laborer suffers inductrial injury when the main meeting is faced with two respects problem,one is entity,another is program.Inductrial injury maintains,inductrial injury pay all belong to entity problem,and to the laborer that has double labor relation,because our country and other country are maintained to inductrial injury and the standard of inductrial injury pay differs somewhat,laborer of our country send abroad applies for inductrial injury to maintain failure extremely likely or cannot obtain treatment of domestic inductrial in jury insurance smoothly.Procedure in treatment of inductrial injury accident in our country contains problems,is different with other countries in dealing with labor disputes,a foreign laborer has largely protected,however,if expatriate laborer inductrial injury is maintained in a foreign country,the condition that can no longer continue to enjoy their legal protection,or unable to inductrial injury is maintained outside our country,its domestic industrial injury is not effective.In view of the above,from the following several aspects to solve the problem of assigning laborer inductrial injury:first,after termination of domestic "byelaw of inductrial injury insurance for work-related injury insurance problem content prescribed in article 44 of the BGF,perfected,stipulate domestic unit of choose and employ persons during the expatriate laborers assignment cannot interrupt the inductrial injury insurance payment;Secondly,it clarifies the relevant obligations of Chinese employers.Third,to join the international conventions on foreign-related industrial injury with reference to the international labor recommendations on related issues;Fourthly,strengthen the international negotiation and consultation on foreign-related industrial injury,so as to effectively protect the legitimate rights and interests of Chinese dispatched workers.