Labor Rights Protection Of Employees In Foreign Enterprises

Since the presence of foreign invested enterprises in China has developed into a considerable scale, and the recent cases of labor disputes on foreign-funded enterprises is also prevalent, to the negative impact of employment protection in China. In the context of globalization, China's labor protection has raised new demands and new issues, foreign capital and investors because of its special interest is more widespread. Workers' legitimate rights and interests of the growing incidence of damage to society caused by impact can not be ignored. Protect the legitimate rights and interests of foreign workers has drawn increasing attention. Currently, the workers' legitimate rights and interests protection in China has occupied a very important role, not only migrant workers need to be protected, the employees need to be foreign labor laws and related laws. Foreign-funded enterprises in China, the same level or the same positions with foreign employees of Chinese nationality, but a great difference between the employee benefits, such as salary, holidays and other social welfare benefits, business seems to exist a "monk chanting "The sense of doing the same work for Chinese employees and foreign employees there is inequality of treatment, response to these issues behind our labor rights for the protection of foreign workers there are many defects. Research and protect our rights and interests of foreign employees working for our country, "Labor Law", "Labor Contract Law" and relevant laws to improve and promote the development of some theoretical significance, but in real life for the legitimate rights and interests of employees with significant security significance.In the first part of this article, the first starting from a real case, this leads to the topics and contents of the study. That in our country, there are equal pay and other benefits in different situations. For example, in wages, benefits, rest and vacation, the Chinese employees of foreign employees and unequal treatment. In order to protect foreign workers in the same legal rights, and to prevent and suppress violations of foreign workers now labor rights events, the author of China's foreign employees from the perspective of protecting the interests of labor, raised the problem, paving the way for the following writing . In the second part of the labor rights of employees of foreign-funded enterprises in China to protect the status quo of a detailed analysis, including legislative provisions, including the judicial practice of recurring problems. Content about the following aspects: First, low wages, the right to remuneration subject to unfair treatment; second overtime serious work hard to guarantee the right to rest; Third, enterprises do not apply for insurance, social security, poor; fourth, poor labor protection conditions. In the analysis of China's foreign staff, after the status of labor rights protection, the third part of our article on the labor rights of foreign workers causes of damage were analyzed, the principal author from a different point of view, respectively, of those responsible for the relevant reasons. Are: First, labor rights protection for foreign workers do not pay attention, resulting in little circles, not only in theory devoted to the protection of foreign workers labor rights research, and judicial practice does not rise to world attention. In particular, the neglect of the government departments, we have to worrying. Second, the administrative law enforcement departments do not act, led to China's labor law enforcement agencies to monitor foreign-funded enterprises violating China's law in the case of a non-employee labor disputes or no excuse not to perform their duties to report, obviously not as, or even working in news media exposure by overtime work, the case of damage to the interests not to take proactive measures, which leads to a lot of damage to the interests of foreign employees working the incident. Third, the lack of trade union organization, resulting in many employees do not know what is the role of trade unions, with the trade unions can play what role, and some foreign managers said that unions in China do not worry about trouble. Fourth, the staff's own sense of weak legal protection, but it is also the breeding ground for intensified foreign exploitation of its own, the other is not conducive to safeguarding their legitimate rights and interests. Fifth, the lack of foreign-funded enterprises to protect labor rights monitoring mechanism, leading to particular employees of foreign companies to evade their obligations to pay social insurance, damage to the legitimate interests of employees. Finally, the reasons for the problems and, in the fourth part of the article, suggested China's foreign employees of the proposed countermeasures to protect labor rights. First, establish a sound legal system of labor protection; second, to strengthen labor law enforcement supervision and inspection; Third, give full play to the role of trade unions; the fourth, the implementation of labor protection system, the contents of the collective contract system, labor relations, and early warning and rapid response mechanism wage payment monitoring and security system; fifth, enrich and improve the management of foreign means and measures.