涉外劳动关系的法律调整——以我国外派劳务人员的权利保护为视角

The Laws Governing Foreign Labor Relations——From the Perspective of the Legitimate Rights and Interests of the Laborers Sent Overseas

对外劳务合作既不同于境内劳动派遣也不同于境外就业,境内劳动派遣只适用中国法,境外就业只适用劳务给付地法,而对于前者来说却存在着中国法与劳务给付地法之间既互相补充又互相冲突的现象。在保护外派劳动者权益的问题上,既要完善相关国内立法,也要充分地、合理地利用国际劳工法和外国劳动法。

Overseas labor service cooperation differs from both domestic employment of workers, which is governed by Chinese labor law only, and overseas employment, which is governed by the labor law of the country of workplace, since the former involves both complementarity of and conflict between the laws of the two countries. As to the issue of protecting the interests of the employees sent overseas, we have to not only improve domestic laws concerned, but also utilize international and foreign labor laws adequately and effectively.