Legal Dilemma And Countermeasures Of Cross-border Labor Workers’ Work Injury Relief

Cross-border labor service is the main content of China’s foreign labor service cooperation,which has made great contributions to promoting flexible employment of Chinese labor force and cross-border service trade,and promoting domestic economic development and prosperity.However,in recent years,cross-border workers’ work-related accidents have occurred frequently,which have caused great harm to the physical and mental health of cross-border workers.Moreover,due to the absence of the industrial injury insurance system for cross-border laborers,which makes it more difficult for cross-border laborers to seek industrial injury relief.Cross-border laborers’ work-related injury relief is faced with multiple legal dilemmas,such as the conflict of labor relations identification,the conflict of jurisdiction over work-related injury disputes,the conflict of application of work-related injury compensation laws,the conflict of treatment standards of work-related injury insurance and the difficulty of finding out overseas compensation standards.In view of the above difficulties,the paper proposes solutions from the following aspects,in order to solve the legal difficulties of cross-border laborers’ work-related injury relief: First of all,by judging the essence of labor relations,narrowing the scope of service contracts and assisting cross-border laborers to establish labor relations with foreign employers,it is recognized that cross-border laborers have dual labor relations with foreign labor cooperative enterprises and foreign employers,so as to try to expand the extraterritorial application effect of China’s labor law as much as possible.Secondly,at the international level,we should actively sign the international civil and commercial litigation jurisdiction convention,and improve the domestic jurisdiction rules of foreign-related industrial injury disputes.Thirdly,improve the legal application of compensation for work-related injuries of cross-border laborers,adopt the principle of limited autonomy of will,carefully apply the principle of the closest connection,and make it clear that the disputes over work-related injuries of cross-border laborers belong to the "mandatory norms" in Article 4 of the Law on the Application of Foreign-related Civil Relations,and apply them directly.Finally,improve the identification system of overseas industrial injury compensation standards,and try to ensure the coordination and consistency of industrial injury insurance compensation standards.