Study On The Protection Of Overseas Labor Rights Under The "one Belt And One Road" Initiative

With the prosperity and development of the "the Belt and Road" initiative,China has constantly strengthened its connectivity with countries along the line,resulting in more employment opportunities and jobs.According to the statistics of the data center of the Ministry of Commerce,China’s overseas migrant workers have increased year by year.However,there are many countries along the "the Belt and Road",with complex religious beliefs,unbalanced economic development levels and differences in social policies and legal systems,and most of them are distributed in middle and high risk regions such as Central and Eastern Europe,Southeast Asia,etc.,resulting in a variety of types of violations of labor rights,such as economic labor disputes,personal security damage,terrorist attacks,and other situations often occur,China is facing new challenges in protecting the rights and interests of overseas labor rights under the the Belt and Road Initiative.This paper believes that the existing special legislation in the field of overseas labor in China is mainly composed of administrative regulations and departmental rules.The legal hierarchy is low,the application is not clear,the dispute resolution mechanism is not perfect,and it can not fully deal with the dispute resolution of overseas labor rights;In addition,China’s consular relief and diplomatic protection under the protection of overseas labor rights under the "the Belt and Road" initiative are often accompanied by the risk of "post relief",and cannot respond to practical needs in a timely manner.This article will sort out and analyze the positive measures and effective experience taken by the Philippines,India and other countries along the "the Belt and Road" to protect the rights and interests of overseas labor rights,analyze the practical difficulties of protecting the rights and interests of overseas labor rights working in countries along the "the Belt and Road",put forward suggestions on the protection of overseas labor rights,and strive to improve the laws and regulations on the protection of overseas labor rights,Make full use of diplomatic protection,consular protection and other urgent protection measures to build a protection mechanism for overseas labor rights.