Study on the Protection of Workers’ Employment Right in Trade Enterprises by China’s Foreign Trade Law
|School||Central China Normal University|
|Keywords||foreign trade law foreign trade enterprises employment right protection|
Employment is a major problem of people’s livelihood. China’s foreign trade enterprises accommodate a large number of workers, but the current foreign trade law does not give provide legal protection to these workers’employment right. The employment risk from the global financial crisis in 2008 warns us that labor law, social security law and bankruptcy law cannot protect employment rights of workers in foreign trade enterprises. From the perspective of foreign trade law, the protection of employment rights of workers has important theoretical and practical significance.This article starts with the need to the protection of employment rights of workers, which should base on the "people oriented" philosophy, it studies macro-policies and micro-procedure rules on protection of employment rights of workers in foreign trade law from the width and depth of rational dimension. Its main Contents cover the following five parts.The first part analyzes the basic theory on protection of employment rights of workers in foreign trade law.The theory of human rights is the fundamental theory for protection, which bases the nature of employment rights of workers. The theory of protection of vulnerable groups and stakeholders is the body theory, which bases on the status of workers. The theory of the national sovereignty is the object theory, which bases on the need for protection of the workers by the nation.The second part summarizes the main causes why workers’employment right is threatened case lie in international trade and trade protectionism in the background of our current reality of protection. The foreign nature of the adjustment object and range of the foreign trade law decide the protection of workers’employment rights in foreign trade enterprise by foreign trade law is necessary during the reform period of development model in foreign trade economic.The third part analyzes status and problems in the protection of workers’ employment, right by China’s foreign trade law which does not directly protect the right of employees and has many shortcomings on the legislative concept, the purpose of legislation, law enforcements’duties, defense mechanisms and the legal liability provisions etc.Part IV and Part V discuss respectively the path of protection of workers’ employment rights from the macro policies and micro-perspective of the Foreign Trade Law. In general, the current problems are solved one by one, transfers international law into the domestic foreign trade law to prevent the employment right of workers. In the micro rules, it puts up specific measures to protect workers’employment rights in foreign trade law mainly from the perspective of the procedure rules. In China’s foreign trade law, we should change the executive-led model, give employees foreign trade enterprises the initiative, play workers’positive democratic right including association hearing rights, right to dissent and so on in the procedure of application-Hearing-Investigation determination-aid.