The Study Of Laws Of Overseas Employees Working In China Mainland

The cross-border flow of population is not only the result of the globalization but also an important force in the globalization process. Nowadays, our country economy is in a rapid development. It will bring not only the huge capital investment, but also a lot of labor flow. Since the practice of foreigners’ employment application system in1996, the number of foreigners and Chinese Hong Kong, Chinese Macao and Chinese Taiwan personnel to work on the mainland is in a fast increasing tendency year by year. By the end of 2013, the foreigners with foreigner employment licenses working in China are more than two hundred thousand, and someone who take Chinese Hong Kong, Chinese Macao and Chinese Taiwan personnel employment licenses working in mainland China are more than eighty thousand. But because of the complexity of overseas workers employment in our country, regional characteristic with employment location, multi-layered employment, and the existing defective labor legislation, the actual employment management has many problems in our country. For example, overseas employment relation confirmation, overseas employment legal cohesion labor relations and Labor rights and interests of overseas employment security. Therefore, this article is talking about the theme from the necessity and feasibility of overseas employment law regulation, and then put forward the urgency of the regulation. Through analyzing the present situation and problems of employment,put forward the existing problems in China mainland. And then learn from other countries’ (regions’) legal regulation of foreigners working in mainland. Finally, to the problems, I put forward some opinions. And I think it is better to regulate in multi-levels. For example,we should regulate laborers who are in high-level and low-level, who are working in free trade zone and in none free trade zone, or who are Hong Kong and Macao compatriots and foreigners indifferent ways.