Research On Labor Risk Prevention Of Enterprises In China’s Overseas Farmland Investment

Cultivated land is the basis of human survival.With the continuous growth of the world population and the decrease of cultivated land year by year,many countries began to seek overseas investment in cultivated land to ensure the adequacy of their own food.Since South Korea,the United States,China and other countries joined the general trend of overseas farmland investment in the mid-20th century,farmland as a scarce resource has become a competitive target among countries.Because of the long duration of farmland investment,it faces many risks.At the present stage,Chinese enterprises have encountered a great bottleneck in overseas farmland investment,and the labor problem is one of them.Based on the theory of labor rights protection and the practice of farmland investment,this paper discusses the legal issues of labor in China’s overseas farmland investment,and puts forward some Suggestions on the prevention of labor legal risks in China’s overseas farmland investment.This paper firstly studies the protection of labor rights in the labor documents and regional labor standards issued by the International Labor Organization,and further discusses the impact of the laws on the protection of labor rights on China’s overseas farmland investment enterprises with the gradual improvement of relevant laws.Secondly,this paper discusses the Chinese enterprises in overseas farmland investment outstanding labor legal risk,mainly through illegal employment labor risk,violations of labor management risk,and union relations strike risk caused by improper handling,as well as enterprise internal dispute settlement mechanism is not sound and foreign labor dispute resolution of uncertainty.In view of the problem of illegal hired workers,the case of illegal labor dispatch is mainly used to introduce the problem of illegal hired workers.On labor management irregularities,mainly through comparing the provisions of the laws on working hours in specific countries,or by a comparison of the specific country law and promulgated by the international labor organization,legal requirements in respect of legal documents in salary,discusses the enterprise investment in different host countries to carry out the cultivated land of China,the host country for the working hours,wages and other aspects of the law is different,it is inevitable,but if not careful study their legal systems of enterprises,in the end will only lead to enterprise on labor management face greater risks,thus affecting business in the host country;For foreign labor disputes resolve the uncertainty of the risk,mainly through the case analysis to labor legal relationship concerning foreign affairs the unpredictability of the indirect adjustment method,and in the enterprise and worker both sides not to choose the applicable law to resolve the dispute cases,at the same time,there is close connection with laborer may have multiple local situation,the enterprise may need to more place to the location of the country’s labor contract law concerning foreign affairs,the risk of the uncertainty of the method of the applicable law will bring adverse consequences.In addition,when the internal dispute resolution mechanism of the enterprise is not perfect,the labor union will seek the help of the labor union,and the labor strike risk caused by the intervention of the union is common.Then the paper analyzes the two main causes of this problem from the perspective of the state and enterprises,namely the lack of regulations on labor in overseas farmland investment and the poor compliance labor management in overseas farmland investment enterprises.Finally,the paper discusses the labor legal risks faced by enterprises in overseas farmland investment from the perspective of the state and enterprises.At the national level,it is proposed to start with the domestic and international law approaches of risk prevention,including the transformation of labor legislation and the strengthening of supervision over China’s overseas farmland investment enterprises.The way of international law is to take an active part in the international labor Conference,sign bilateral or multilateral agreements on labor and investment cooperation with relevant countries,and further improve the bilateral judicial assistance system.From the enterprise level: through the choice of formal labor dispatching companies to solve the problem of illegal labor dispatching;Respect the employment norms stipulated by the laws of the host country,and be familiar with the adjustment methods and applicable laws of the relevant countries on foreign-related labor legal relations;Actively establish a benign dialogue mechanism with trade unions;A special department shall be set up to resolve labor disputes,so as to timely resolve the demands of workers and avoid further aggravation of conflicts between the two sides.