On The Principle Of Autonomy Of Will In The Application Of Foreign Labor Contract Law

As one of the core principle in the application of law for the general contracts with foreign elements,the principle of party autonomy should also be applied in labor contracts with foreign elements.Formal justice is not the only one values of private international law,much more attention has been paid to material justice to provide more favorable protection to laborers in private international law.Although parties of the labor contracts with foreign elements have rights to choose law in most countries,there are limitations for rights to choose law to prevent the evasion of law,including relation standard,public policy,overriding mandatory rules and simple mandatory rules.By contrast,the principle of party autonomy is excluded according to Article 43 of Law of the Application of Law for Foreign-related Civil Relations,which provides that the laws of the working locality of laborers shall apply.While laborers be inclined to be more familiar with the law of the working locality,the law of the working locality may not always provide favorable protection,thus the principle of party autonomy should be introduced in labor contracts with foreign elements.Considering the merits of legislation in other countries,the principle of party autonomy in labor contracts with foreign elements should be introduced and build up combined with national law from four aspects,including relation standard,simple mandatory rules,overriding mandatory rules and public policy,to provide laborers with more favorable protection and realize the value of material justice in private international law.