Research On The Protection Of The Rights Of Overseas Migrant Workers In My Country Under The "One Belt, One Road" Initiative

The Belt and Road Initiative—China's proposal to build a Silk Road Economic Belt and a 21~stt Century Maritime Silk Road in cooperation with related countries—was unveiled by government in September and October 2013.By the end of 2015,with the construction of the Belt and Road initiative,the economic and the trade exchanges between related countries have evolved.The Silk Road Fund has supported infrastructure and resource development and industrial cooperation in the countries along the land and sea Silk Roads,it has also increased the number of overseas workers in China.The issue of the protection of the rights of numerous overseas workers can not be neglected,and it also demands the government establish and strengthen related laws and statutes.At present,there are 5 major types of overseas workers in China.(1)The export of labor services driven by foreign contracted projects.Various forms of contracting projects require the contracting company to dispatch relevant labor services.Project management,design,construction,installation testing and technical training personnel provide labor services for the project.(2)A domestic enterprise legal person signs a labor contract with a foreign employer to dispatch labor services.(3)Investing in overseas enterprises and setting up management personnel,technicians and trainers.(4)Export of labor services generated by the installation of domestic labor service personnel through complete sets of equipment and technology for installation and commissioning,technical guidance,personnel training,etc.(5)Nongovernmental service export.Individual laborers finds jobs by various ways working in foreign countries.Nowadays,the existing laws and statutes that protect the rights of overseas workers in China,such as the Labor Law and the Labor Contract Law have no specific provision for the legal adjustment of foreign labor.Although the Labor Contract Law,which was implemented in 2008,has a specialized section that stipulates the issue of labor dispatch,whether this provision applies to foreign-related dispatch is still unclear.Moreover,the Labor Law does not stipulate the problem of extraterritorial effect,and it cannot apply domestic regulations to the protection of overseas workers in the field of Foreign Related Employment.In addition,there still has no specific regulations on this issue in the laws of the most labor exporting countries.Obviously,such legislation led to the protection of labor rights of overseas workers issues lawless.Currently,the research direction of this issue in China's academic circles is mainly based on two aspects.On the one hand,the issue of protecting the rights of a large number of overseas workers does not combine the characteristics of the“Belt and Road”.On the other hand,based on the“One Belt,One Road”initiative,It is not an in-depth study on how to protect the rights of overseas migrant workers under the“Belt and Road Initiative”while analyzing how to circumvent legal risks when Chinese enterprises invest abroad.Base on the experiences of labor exporting countries such as India and the Philippines,and the reality of the Belt and Road,we should establish a scientific and rational legislative and judicial system to effectively protect the rights of overseas workers in China from illegal infringement.This papers argues that China's existing rights protection system for overseas workers is not perfect.The lack of regional bilateral or multilateral agreements is the main reason why the rights of Chinese overseas workers cannot be effectively protected in the countries along the“Belt and Road”.Therefore,to improve the domestic legislative system,strengthen regional cooperation,eliminate misunderstandings and achieve mutual benefit and win-win situation is the key for Chinese enterprises and migrant workers to go out and effectively protect their rights.