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On the foreign law applicable labor relations

Author: LiWei
Tutor: LiuXiangShu
School: Southwest University of Political Science
Course: International Law
Keywords: Foreign labor relations Applicable Law Target Rules and methods Legislative proposals
CLC: D922.5
Type: Master's thesis
Year: 2008
Downloads: 298
Quote: 2
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Abstract

Full foreign labor relations law is applicable for the study. With the increase of international labor export talent introduction and active implementation of the policy, China's foreign labor disputes in recent years also showed a gradual upward trend, but the court or arbitration of labor disputes in foreign laws applicable to come to a standstill, and the fundamental The reason is that our foreign law applicable rules of labor relations has some shortcomings. Article for Foreign labor relations laws applicable goals as a research breakthrough to the traditional private international law theory, sociology of law and law and economics combined with the knowledge of the foreign law applicable to labor relations and protect the interests of workers Target Fusion as a whole. Articles based on civil law, contract law, labor contract law, labor law and other relevant laws and regulations, combined with the existing research results, the use of induction, deduction and comparative analysis methods applicable foreign law labor relations objectives, methods and rules applicable law, our Labor contract law and labor law shortcomings are analyzed, and focus on the goal of foreign labor relations laws apply. Full text of more than 30,000 words, the body is divided into three parts were discussed. The first part of the foreign law applicable labor relations goal. This section is the core part of the thesis, the opening Ming Yi, is the cornerstone of the legal standing for research. First, from the definition of foreign labor relations analyzed the classification of foreign labor relations, labor relations will be divided into foreign contracts under the form of foreign labor relations and the fact that foreign labor relations, elaborated form of contract under the definition of foreign labor relations and types of the fact labor relations divided into three cases were described, and the two forms of foreign labor relations are summarized. Second, the objectives pursued under the conflict of laws, summed foreign labor relations laws apply five pursuit of goals. Foreign labor relations law that applies to the main goal of foreign labor relations law applicable norms certainty; foreign law applicable fair labor relations; foreign labor relations coordination of the interests of all legal norms applicable; foreign labor relations laws and norms applicable national character and unity sex. Respectively, from the foreign nature of labor relations in private law and public law characteristic attributes discusses two aspects of the merits of the five goals. Finally Summary Foreign labor relations laws apply objective that foreign labor relations should adhere to applicable laws apply most conducive to the interests of workers protection laws as the goal, and that this goal should not only be reflected in the development of foreign labor relations law applicable normative conflict , but also should be reflected in foreign labor relations law applicable judicial practice. The second part of labor relations laws applicable to foreign-related methods. To foreign countries due to conflict of laws arising from labor relations laws applicable adjustment method adopted by the generality of adjustment methods into direct and indirect adjustment methods, and these two methods were elaborate, analysis and debate. Direct adjustment method discussed is \, citing major multilateral conventions uniform substantive law. Indirect adjustment method using the current practice of Tong said, were chosen by the parties discussed the applicable law and the principle of the closest connection applies. The third part is the Chinese Foreign labor relations laws applicable rules of sound. This section analyzes the two adjustment methods in Chinese foreign labor relations laws applicable legislation reflected. From the fact that the foreign law applicable to labor relations and contractual form of foreign labor relations laws apply two aspects of Chinese foreign labor relations law rules applicable to conduct a comprehensive analysis, elaborated established by contract foreign labor relations laws apply controversy exists ; and pointed out that China's current foreign labor relations laws apply there too rigid norms, not rigorous, specific system involving the lack of practical operability shortage exists within the field of foreign law applicable outside the territory of simplification and foreign laws applicable uncertain labor relations issues . Deal with the problems and shortcomings, the authors combined the existing research results and the second part of the foreign labor relations laws apply objective conclusions, respectively, from foreign labor relations law applicable goals of labor relations within the unified foreign extraterritorial application of judicial interpretation to meet the shortfall , International Private Codex develop these four aspects legislative proposals. Through analysis and discussion of three parts, eventually forming conclusions. Namely: Perfecting Foreign labor relations laws applicable in the formulation of foreign labor relations law application should be adhered to for most conducive to the interests of workers protection laws as the goal.

On the foreign law applicable labor relations

Abstract

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