A Study On The Applicable Law Of The Foreign-related Labor Contract

With the rapid development of economics and business, the market is more opening and foreign labor force flows more frequently. A lot of foreign labor we have to took in. Meanwhile, Chinese talents need to going outsides to learn much more technology. This Study aims to definite the law application of employment contract with foreign elements and handle with foreign labor relations and solving foreign-related labor dispute. It plays a decisive role in introducing international talents and domestic labor market management.Following the foreign-related economic contract law, the law of the People’s Republic of China on application of laws to foreign-related civil relationship is once again to set the law of dispute to solve the problems in the application of employment contract with foreign elements, which is a great progress in the legislation of our country. However, it is too rigid with principle, lacking of specific provisions in the practice of guiding. In determining the applicable laws, it takes the working place as the objective connection point of the applicable laws, not taking into account the possibility of transnational circulation of workers which leads to the existence of the possibility of many working places causing the difficulty of determining the applicable laws. This article making a list of our countries law, after that, for other counties law making a summary.This study is divided into five parts:The first part is aim of the study, and the important of showing the foreign labor contract law applicable to the problem of the importance, the next is to discuss the domestic and foreign labor contract research status, the scholars dispute and discuss the literature review, which is the subject of the background of the paper.The second part is the main body of the main part of the foreign labor contract is briefly introduced to distinguish the relevant concepts, the nature of foreign labor contract, to clarify the characteristics of foreign labor contract, to lay the foundation for the application of law.The third part is to analyze the current legislation situation of our country, points out the shortcomings of our country’s repair method, and the contradiction of the judicial interpretation.The fourth part mainly describes the foreign labor contract law application of comparative law, through the comparison of the EU, the United States, Japan and other countries on foreign labor contract legislation and practice, to explore the legal system of our country to improve the channel. Through the comparison and research of domestic and foreign legislation, this paper expounds the three principles of international labor contract, namely, the principle of autonomy, the principle of the protection of the weak interest, the content of the principle of mandatory norms, and the contents of the revelation to China.The fifth part is the legislative suggestion of the paper. Suggestions of the future legislation of foreign labor contract in the future from four aspects. The application of foreign labor contract in our country’s future legislation process, the introduction of the principle of autonomy and moderate limit the scope of the choice of law, the scope of the mandatory norms, and the “direct application of law” and “protection of the weak”, the introduction of labor contract law applicable rules.The last is the conclusion part. On the basis of the previous discussion, it is concluded that the establishment of the relevant international private law system is necessary, not only for the construction and improvement of China’s legal system, but also conducive to the protection of workers and related enterprises in our country, therefore, we must improve the relevant legislation, in order to optimize the application of foreign labor contract law. To establish a complete legal system of foreign labor contract law, the application of the principle of limited autonomy to apply the law, in order to improve the maintenance of the legitimate interests of domestic and foreign workers.