Research On The Juridical Application Rules Of Foreign-related Labor Contract In China

With the increasing globalization of the economy,especially the One Belt And One Road initiative has been widely welcomed by the international community,international cooperation has been further deepened,and labor mobility within the international scope has become more frequent.As the parties involved in foreign-related labor relations often determine their rights and obligations through foreign-related labor contracts,the foreign-related labor contract disputes also increase.As the foreign-related labor contract relationship not only has the attributes of personal and property relations,but also is subject to the mandatory legal norms.so this kind of relationship has become the subject of possible adjustment of both public and private laws.This characteristic leads to the complexity and uncertainty of the application of law in foreign labor contract.In the face of complicated foreign-related labor contracts,we should not only protect the legal rights and interests of the workers who are in a weak position,but also ensure that the social public interests of the countries where the court is located are not violated.At the same time,we should also promote the normal flow of labor in the international market,so as to promote the normal business and trade between countries.Although the law of the people's Republic of China on the application of law in civil relations concerning foreign affairs and its judicial interpretation have made basic provisions on the application of law in labor contracts concerning foreign affairs.the provisions of the above-mentioned laws and judicial interpretations are admittedly imperfect:First of all,although the above judicial interpretation provides for the application of international treaties and agreements,its provisions cannot meet the practical needs.The basic law of the application of the above laws as a special provision of foreign-related civil relations law does not make clear provisions on this issue.Secondly,the provisions on the parties'autonomy of will are not only controversial in theory,but also in judicial practice,there are contradictions in the determination of courts around the country,resulting in the doubtful application of the principle of autonomy of will.From the perspective of international legislation,the application of the principle of party autonomy should be limited.Thirdly,starting from the principle of protecting the interests of the weak,the above laws are insufficient to protect the interests of laborers,so it is necessary to introduce the principle of protecting the interests of laborers in the best way to strengthen the protection of laborers.Finally,it is difficult to determine the scope of application of mandatory norms in China,and there are also contradictions in judicial practice in the determination of local courts,so it is necessary to further clarify the scope of application of mandatory norms.In particular,foreign labor contracts are often associated with legislation of more than one country or jurisdiction.In judicial practice,the application of specific laws of which country or jurisdiction will seriously affect the determination of the rights and obligations of workers.Therefore,it is not only of great theoretical significance,but also of great social and practical significance to study the legal application of foreign labor contracts.In view of this situation,this paper focuses on"Research on the juridical application rules of foreign-related labor contract in China" in the process of selecting the topic,hoping to elaborate the relevant contents of the application of law to foreign labor contracts in the law on the application of law to foreign civil relations through relevant research,and to give suggestions on how to improve the juridical applicable rules of labor contract in China.The paper is mainly composed of the following parts:The first part explains the basic theory of the application of foreign labor contract law.Labor contract involving foreign element is to point to,the agreement that laborer and unit of choose and employ persons conclude between the rights between each other and obligation concern clearly.Where the subject or object of a labor contract or the conclusion,performance,alteration or termination of a labor contract are related to a foreign country or a foreign jurisdiction,it shall be a foreign-related labor contract.Secondly,it explains the concept and characteristics of the application of foreign-related labor contract law.The legal application of foreign-related labor contracts refers to the process in which the judge determines the applicable laws of foreign-related labor contracts based on the guidance of conflict norms.In addition,it explains the reasons for the application of foreign-labor contract law in conflict law.The second part mainly discusses the basic characteristics of the juridical application rules of foreign-related labor contract in China.In China's law on the application of law in civil relations concerning foreign affairs,the provisions on the application of law in labor contracts concerning foreign affairs have the following basic characteristics:The application of the law adopts the "division system";there is no provision that foreign-related labor contract can be applied to the principle of autonomy of will;to give consideration to the law of the main place of business of the employing unit;labor dispatch may be governed by the laws of the place where the labor is dispatched.The third part analyzes the problems existing in the juridical application rules of foreign-related labor contract in China.It can be seen from the judicial trial of the application of foreign-related labor contract law that there are mainly the following problems in this field in China:the application of international treaties and agreements is not clearly stipulated;Whether the principle of autonomy can be applied to foreign-related labor contracts is doubtful;There is no provision for the application of laws that are best for workers;The scope of application of mandatory legal norms is often difficult to determine.The fourth part explains how to perfect the juridical application rules of foreign-related labor contract in China.At least,the juridical application rules of labor contracts in China should be further improved from the following aspects:it is clearly stipulated that,except for the provisions of China's declaration of reservations,it shall give priority to the application of international treaties and agreements concluded or acceded to by China;the principle of autonomy of will shall be applied with limitation;explicitly introduce the principle of the most favorable protection of workrs'rights;define the scope of application of mandatory specifications.