Ten Points For Attention In Foreign Labor Contract: Law Application

At present, the pnational movement of labor force has become an international phenomenon.

From the perspective of foreign labor services, labor shortage countries can avoid stagnation and decline in production and promote economic development by importing foreign labor. The surplus labor force can not only improve their employment status, but also expand the source of foreign exchange earnings through exporting labor force.

From the current situation in China, the abundant labor resources and low wage level of labor force are favorable conditions for the development of labor export.

However, due to the influence of the social system, traditional concepts and the quality of the labor force, China's labor export is one-sided about the main form of international labor cooperation, namely, the employment system. It only pursues the number of output labor personnel, neglects the importance of foreign labor service contracts, and some employers do discriminate against Chinese laborers, such as insulting personality, corporal punishment and deducting wages.

The author believes that under the current circumstances, the handling of details in foreign-related labor contracts can prevent, reduce and solve such disputes as far as possible.

The specific details are mainly reflected in the

1. the basic situation of the labor force: sex, date of birth, place of birth, address, telephone number;

2. the obligations and responsibilities of employers, such as handling visas and residence permits for labor personnel, are responsible for the management of labor personnel, the procedures for providing accommodation, meals and so on.

There is an obligation to ensure the safety of labourers.

In view of past experience, special attention should be given to non discrimination, insult, corporal punishment, wage deduction and so on.

3. the obligations and responsibilities of the labor force, such as observing the laws and regulations of the country and the enterprise rules and regulations, observing social ethics, not slowing down, and not taking part time job and job hunting.

4. the type of work and working hours employed by the labor force.

The type of work should be marked at what jobs, such as the electrician of the electrical room or the maintenance electrician of the building lighting (because of the different wage types). The working hours, including the duration of employment, should be marked from when to when.

How many days per week and how many hours a day?

Generally, there is at least one day off every week.

According to international practice, workers should enjoy holidays during their holidays, such as national day, Christmas day and so on.

5. wages, allowances, allowances, wages, etc. should generally be kept equal to those of local workers, such as those in the country, usually based on time, on time, on a daily basis or on a monthly basis.

Workload is also calculated on the basis of work pieces.

If working overtime or night shift is outside work hours, the employer should pay overtime or night shift allowance.

The basic wage for labor workers should be paid by employers.

6. regulations on labor protection, labour insurance, work, sickness or death.

Due to the different nature of the work done by the labor force, labor protection has its professional characteristics. The contract should stipulate that the employer must provide places for safety production according to the relevant provisions of the host country and must pay labor protection fees or articles.

Such as helmet, gloves, filter sunglasses and so on.

During the period of work in the host country, the employer should provide the necessary medical treatment and purchase the necessary drugs if there are any diseases or work-related injuries.

Employers should provide personal casualty insurance to the labor force, so that the workers can receive timely and reasonable compensation when they are injured by accident, and the insurance premium is borne by the employer.

{page_break}

7. arrangements for holiday for foreign workers.

The general contract period of more than one year, you can enjoy a certain time to visit the family holiday, during the holidays, the employer only pay wages do not pay the allowance.

8., dealing with the interruption of contracts due to various reasons.

According to the seventeenth provision of China's foreign-related economic contract law, the parties must be able to terminate the contract when they have the tangible evidence that they can not fulfill the labor contract. The interruption of the contract should be specified in the labor contract. If the employer is responsible for the compensation, the workers shall not be less than three months' labor and the returning home ticket of the labor force shall be compensated.

9. compensation for breach of contract.

There are various forms of default. Generally, it can be divided into three categories, one is the employer default, the other is the labor breach, and the three is the breach of both parties.

Breach of contract will cause damage to the interests of the other party. In practice, most of the employers are in breach of contract. If they do not arrange labor work according to the work stipulated in the contract, they will change their jobs at will, and they will not pay overtime fees according to the regulations. If the workers' personality is insulted, the contract can not be fulfilled. Therefore, the contract should indicate the way of remedies for breach of contract and the way of compensation.

10. in the settlement of disputes, it should be noted in the contract how to resolve disputes after the occurrence of labor disputes, such as the arbitration and application law of a specific arbitration institution.

In addition, if there are disputes over foreign-related labor contracts, because there are foreign factors involved in the labor contracts, therefore, it is not always necessary to deal with foreign contracts, or to apply our laws.

It can be followed in practice: choose the applicable law by negotiation on its own; if foreign laws apply to the basic principles and social public interests of our laws, they can not be applied; instead, we should apply our laws. If consensus is reached, the provisions of the contract law applicable to the dispute settlement shall be expressly expressed in the contract; the laws that are most closely related to the contract shall be applied; generally speaking, the foreign labor contract shall be governed by the law of the place where the contract is applied.

It is applicable to international practice. If the parties choose the Chinese law, but the Chinese law does not specify the specific dispute, the international practice should be applied.

In accordance with the provisions of the international law, the provisions of the international treaty shall be applicable to the international treaties which are concluded or acceded to by the People's Republic of China in accordance with the provisions of the law of the people's Republic of China, which are different from the laws of the People's Republic of China.