海外劳工权益保障困境及对策研究

Research on the Predicaments and Countermeasures of Rights and Interests Protection of Overseas Labor

在"一带一路"倡议的推动下,我国对外劳务输出在迎来发展机会的同时,也面临巨大的挑战:涉外劳务人员与涉外劳务派遣企业之间的法律关系性质模糊、相关机构设置不够科学、有关法规亟待完善、海外劳工工伤保险制度缺位等。应扩大劳动法的适用对象及适用效力,完善相关机构设置、《对外劳务合作管理条例》以及海外劳工工伤保险法律制度,有效保护海外劳工权益,响应"一带一路"倡议。

Under the initiative of ＂The Belt and Road＂, the export of labor service in China is facing an important development opportunity, while also facing the enormous challenge, such as： the legal relationship between foreign-related labor and foreign-related labor dispatching enterprise is unclear, the establishment of relevant institutions are admittedly unscientific, the relevant laws and regulations need to be improved, and the overseas labor industrial injury insurance system is absent. We should expand the applicable object and applicable effect of Labor Law, improve the contents of the establishment of relevant institutions, the ＂Regulations on the Management of Foreign Labor Service Cooperation＂ and the legal system of overseas labor industrial injury insurance, so as to effectively protect the rights and interests of overseas labor, and respond to the initiative of ＂The Belt and Road＂.