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On the foreign employment contract law applies

Author: LiangYaoMei
Tutor: ZhuZiQin
School: China University of Political Science
Course: International Law
Keywords: Foreign - related contract of employment Conflict Rules Peremptory norms Applicable
CLC: D922.5
Type: Master's thesis
Year: 2008
Downloads: 134
Quote: 1
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Abstract

The position of the 20th century, when labor as a resource is active in the world market, the gradual strengthening of state intervention in the economy, foreign contract of employment is different from the ordinary civil and commercial contracts also will be highlighted. Transnational labor to perform the process, foreign contract of employment disputes are not uncommon, conflict of contract law adjustments have been enough to cope with foreign contract of employment laws applicable in the new problem, people began to realize the deal with a foreign employment contract disputes must rely on its special conflict rules, so many countries of this contract have developed a special conflict rules. In contrast, China's foreign labor cooperation is increasingly frequent, but the lack of the relevant conflict rules in the legislation. Scattered from the legislative point of view only, \Practice has proved that this method of selection tendency is not conducive to the development of labor service cooperation of China and the world, is not conducive to the protection of the legitimate rights and interests of workers. Therefore, in this article, the author adopted the method of historical analysis, empirical analysis and comparative analysis, to inspect the relevant legislation and judicial practice of the countries of the world, to explore the historical evolution of foreign employment contract choice of law, summary of its development trend analysis of foreign employment contract the issue of application of the peremptory norms of the law applicable to the process of attempting to design both the legislative trends in the foreign employment contract, and consistent with China's specific national conditions, to adjust foreign labor contract (the concept of \Improvement of relevant legislation, to promote the healthy development of China's international labor cooperation, and better safeguard the legitimate rights and interests of our workers. The structure of this paper is divided into four parts: the first part of the overview section is discussed in the basis. Foreign employment contract concept and scope of comparative analysis, the article discusses the foreign employment contracts and foreign labor contracts in China and France the context of an explanation, and also analyzed the particularity and complexity of the foreign contract of employment problem. The second part is through a case, the enactment of legislation introduced the world on a variety of laws of foreign employment contract selection method by comparing the analysis of these choice of law, summed up the trend of development of the foreign employment contract law conflict of laws, in order to more reasonable choice of law. The third part is a discussion on the problem of application of the peremptory norms of foreign employment contracts. I by comparison on the application of the peremptory norms of different ideas and practices, analyze the pros and cons, a peremptory norm of the field of foreign employment contracts the nature and scope of their effects, as well as the principles applicable insights. The fourth part based on their own, solve the problems of the foreign labor dispute. First introduced to the applicable legal framework and practices on foreign labor contracts in China, the current labor law \Secondly, we explore our country on foreign labor contract law applicable legislation guiding principles and design a reasonable specification of the conflict.

On the foreign employment contract law applies

Abstract

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