Research On The Application Of Foreign Labor Contract Law In China

The research on foreign-related labor contract has great value,and the correct application of its law is also very important.From a macro perspective,it is related to China's judicial sovereignty and international image,conducive to the convergence of international high-end talents,and has a role in promoting China's market economy.From the microcosmic point of view,it can not only safeguard the legitimate rights and interests of workers,but also take into account the interests of enterprises.Foreign-related labor contracts need to be defined,including the definition of subject,object,content,whether there are foreign-related factors.The types of foreign-related labor contracts are classified according to the place of work,which covers both domestic and foreign places of work,and especially focuses on the dispatch of foreign-related labor services.Because labor law has both public and private attributes,compared with domestic labor contracts and general foreign-related civil contracts,foreign-related labor contracts show their particularity.Collecting the relevant legislative provisions of China's foreign-related labor contracts,and then through empirical cases to analyze the judicial status quo,so that legislation and judicial integration and comparison,analysis of China's current dilemma in the field of foreign-related labor contracts.The first is the dilemma of legislation,the lack of legal provisions on foreign-related labor relations;the second is the unclear mandatory norms,mainly reflected in:the scope of mandatory norms is difficult to define,and the degree of protection of mandatory norms remains to be discussed;the third is the judicial application dilemma of the "Legally Appropriate Law",mainly reflected in Article 43,which is integrated with Article 6 of the "Interpretation of Legally Appropriate Law",depriving the parties.The right of autonomous choice of law in the field of foreign-related labor contracts.The rationality of the connection point of Article 43 is also problematic,which is manifested by insufficient flexibility and rigorous expression,which affects the application in judicial practice.Article 43 of the special labor contract provisions are inadequate,only the labor dispatch of this kind of special labor contract,not involving seafarers employment contracts,labor contracts working on fixed offshore equipment,it is difficult to protect the rights and interests of special workers.In view of the above difficulties,the author puts forward corresponding countermeasures.In view of the first Legislative dilemma,the author proposes to supplement the foreign-related labor relations provisions of the Labor Contract Law so as to make the current Labor Contract Law more substantial and perfect.In view of the obscurity of the compulsory norms of the second foreign-related labor contract,the author suggests that the scope of application of compulsory norms should be clarified from the determination of applicable principles and specific categories,and then the proviso provisions should be added to Article 10 of the First Interpretation of the Law in order to effectively protect it in various ways and with high standards.In view of the predicament of the judicial application of the third "Legally Applicable Law",and in view of article 43,the author suggests that the parties be encouraged to exercise limited autonomy of the will.Appropriately handle the situation of the parties'express choice law and the parties' unclear intentions,pay attention to the parties'intentional evasion of mandatory provisions when they intend to express the choice law,fix the scope of the choice law when the workers unilaterally choose the law;introduce the principle of the closest link when the parties' intentions are not clear,then increase the number of connection points and improve the language expression in order to give the parties more choices and help.Correct selection of personnel.It stipulates the application of laws on special labor such as seafarers' employment contracts and working on fixed offshore equipment,and supplements the lack of legislation in the field of special labor contracts.At the end of the article,through the analysis and summary of each paragraph of the full text,the author summarizes the problem solving methods and countermeasures,and puts forward prospects and expectations for other issues in the field of foreign-related labor contracts.