Research On Law Application Of Foreign-related Labor Contract

With the increase of the extent of people’s awareness of the world, globalization of labor structure gradually formed, cross-border exchanges of national high-tech workers become more frequently, so that communication of companies and natural person in different regions and countries become more and more frequent, then labor relation which avoids a single region or country’s limit have formed. Then the concept which is about the foreign-related labor relation has formed. Foreign-related labor relation is the labor relation which refers to foreign factors, it means that one of the subject, object and content of the labor relation refers to foreign factors.By combing the law of foreign countries which is about the application of foreign-related labor contract, we can see the "applicable law regulations of debt in contract"("Rome l")is rigorous logic, without losing the flexibility: it allows party to choose the applicable law of labor contract and make the autonomy as the top principle, restricts it with the labor rights protection and priority for the mandatory norms. When the parties do not choose the law, make the objective connection point as a supplement, make the law of the most closely linked place as supplement for the law of the place of usual work and employer’s business. It represents the main trend of the law application of foreign-related labor contract in the present international society. From the domestic point of view, the relevant legislation in China has experienced three stages. Our country’s legislation on the law application of foreign-related labor contract embodies a great progress in China’s legislative process. But the legislation of our country also has shortcomings, we should take measures to improve in the future.Suggestions for the future through the establishment of flexible rules of application of law, limiting the scope of the law in choosing it, strengthening the level of protection in protecting the rights of the weak. And then other measures is also need in order to improve China’s legislation of law application of the foreign-related labor contract.