Research On Labor Legal Risk Prevention Faced By Chinese Enterprises Investing In Countries Along The Belt And Road

With the introduction of President Xi Jinping’s “Belt and Road Initiative” in2013,countries along the route have responded positively,China’s ties with countries along the route have become more and more close,and Chinese enterprises have concentrated on investing in countries along the route,and the amount of investment in countries along the route has increased year by year,and Chinese enterprises have invested in various industries.Most countries along the “Belt and Road” have put forward stricter requirements for the entry standards of foreign workers,the resolution of disputes over violations of labor rights and interests,and the social responsibility of foreign companies.In the process of foreign investment enterprises in the countries along the line,some enterprises do not understand the national conditions and labor laws of the countries along the route,in addition to leading to the occurrence of illegal business,there may be disputes are unfair,unfair treatment,do not know what kind of laws,what legal ways to protect their rights and interests,which is obviously not conducive to China’s enterprises to invest abroad.Therefore,it is very necessary to study the labor law risks that Chinese enterprises may face under the background of“Belt and Road” and put forward some suggestions for the prevention of various labor legal risks.Chinese enterprises will face a lot of risks when investing in countries along the“Belt and Road”,in addition to environmental risks,political risks,labor legal risks are the most likely to appear.The main labor law risks faced by Chinese enterprises when investing are labor rights and interests legal risks,labor export legal risks,labor strike legal risks and layoff legal risks.The legal risks of labor rights and interests include the legal risks of equal employment,the legal risks of compensation and benefits,the legal risks of working hours,rest and vacation,and the legal risks of labor safety and health protection.The legal risk of labor export is divided into the legal risk of work permit law.The reasons for these legal risks are: from our country to analyze,China’s relevant laws and regulations are not perfect,there is no complete foreign investment regulations.From the perspective of enterprises,Chinese enterprises do not understand the relevant labor laws and regulations of the investee country when making investment decisions;From the perspective of the countries along the “Belt and Road”,the countries along the route over-protect local workers and strictly restrict the importation of foreign workers,some countries along the tradeunion intervention is serious,these countries’ laws less intervention in trade unions lead to excessive trade union rights,enterprises in these countries when investing in the risk of labor strikes will be higher;From the overall analysis of countries along the “Belt and Road”,the legal systems of countries along the belt are not unified,and laws and regulations vary from country to country.Through the analysis of the legal risk types and causes of foreign investment labor by Chinese enterprises along the “Belt and Road”,the study and comparison of regional labor legal systems along the “Belt and Road” and the analysis of typical cases of Chinese enterprises investing in countries along the route,the following suggestions are put forward at the enterprise level: Chinese enterprises should fully understand the relevant laws and regulations of the invested countries at the beginning of their investment,and propose concrete solutions for the legal risks of labor rights and interests,the legal risks of labor export,the legal risks of labor strikes and the legal risks of layoffs.Government level: strengthen the “Belt and Road” along the national labor laws and regulations information resources sharing platform construction;State level: improve relevant laws and regulations,build a complete system of overseas investment law,for labor dispute litigation,adhere to the “limited autonomy”,“or adjudication or adjudication” of the adjudication of regulations.And then to ensure the “Belt and Road” initiative harmonious and sustainable development.