What is the necessity of China s foreign related labor dispute resolution mechanism 10

The contract law stipulates as follows! An agreement between two or more parties (natural or legal persons) on establishing, modifying, or terminating civil legal relations. This type of contract is one of the most common and important grounds for the creation of debts, so it is also called a creditor's contract.

The economic contract stipulated in the Economic Contract Law of the People's Republic of China belongs to the scope of creditor's rights contract. A contract also sometimes refers to an agreement in which certain rights and obligations arise. Also known as a contract.

Such as sales contracts, apprenticeship contracts, labor contracts, and contracts signed between factories and workshops. Legal Characteristics of a Contract A contract is a legal act by both parties. That is, it is necessary for two or more parties to express their intentions to each other (expression of intent is an act that expresses the intention to produce civil legal effects externally).

The parties must reach an agreement on the expression of intent, that is, the expression of intent must be consistent. The purpose of a contract is to establish, modify or terminate a civil legal relationship. A contract is an agreement reached between the parties under the condition that it complies with the requirements of legal norms, so it should be a legal act.

Once the contract is concluded, it has legal effect, and the relationship of rights and obligations occurs between the two parties; or alter or extinguish the original civil legal relationship. If one or both parties fail to perform their obligations under the contract, they shall be liable for breach of contract in accordance with the contract or the law.

If the solution to the conflict of laws in foreign-related labor relations is stipulated in the international treaties concluded by China or with reference to the provisions of the international treaties between China and Canada, such provisions shall be followed; If it has been transformed into a provision of China's domestic law, it shall be applied in accordance with the provisions of China's domestic law. The parties may handle it through negotiation, litigation, or other means in accordance with law.

Legal basis] Article 265 of the Civil Procedure Law of the People's Republic of China.

In a lawsuit brought against a defendant who does not have a domicile in the territory of the People's Republic of China due to a contract dispute or other dispute over property rights and interests, if the contract is signed or performed within the territory of the People's Republic of China, or if the subject matter of the litigation is within the territory of the People's Republic of China, or if the defendant has property that can be seized within the territory of the People's Republic of China, or if the defendant has a representative office in the territory of the People's Republic of China, the place where the contract is signed, the place where the contract is performed, the location of the subject matter of the litigation, It may be subject to the jurisdiction of the people's court at the place where the property is seized, the place where the infringement was committed, or the domicile of the representative office.

Article 266.

The people's courts of the People's Republic of China shall have jurisdiction over litigation arising from disputes arising from the performance of Sino-foreign joint venture contracts, Sino-foreign cooperative joint venture contracts, and Sino-foreign cooperative exploration and development contracts for natural resources in the People's Republic of China.

It refers to a foreign-related labor relationship in which the place of performance of the labor contract is in China, including the following situations:

1) Foreign companies hire Chinese to work in China, 2) Foreign companies hire foreigners to do loss-making work in China, 3) Foreign companies hire Chinese to work in China in China branches or representative offices in China, 4) Foreign companies hire foreigners to work in China in China and representative offices in China.

5) Chinese companies hire foreigners to work in China.

Foreign companies hire Chinese to work in China. According to Chinese law, foreign companies are not allowed to directly carry out business activities in China, let alone directly recruit Chinese employees in China.

Foreign companies must establish a representative office or branch office in China to carry out business activities. If a foreign company directly employs Chinese to conduct business activities in China, once it is discovered, the foreign company will have to bear the corresponding legal responsibility. The relationship between the foreign company and the Chinese employee is not protected by China's labor law, and in order to protect the interests of Chinese citizens, the court may include such disputes in the ordinary civil dispute trial.

Foreign companies hire foreigners to work in China. As mentioned earlier, a foreign company must establish a representative office or branch office in China before it can directly conduct business activities in China. If a foreign company directly hires a foreigner to conduct business activities in China, both the foreign company and the foreigner will bear the corresponding legal liabilities once it is discovered.

If a dispute arises between a foreign company and the foreign employee, it is not protected by Chinese law.

Foreign companies hire Chinese to work in China at their branches or representative offices in China. According to China's current laws and regulations, a branch of a foreign company established in China can recruit Chinese employees to serve it in accordance with the law, and the labor relationship between the branch and the Chinese employees is protected by Chinese law. Branches of foreign companies must pay social security for Chinese employees, provide safe labor and health conditions, and implement China's labor standards in accordance with the provisions of China's labor laws and regulations.

1. Methods for handling foreign-related labor dispute cases.

Foreign-related labor relations refer to labor legal relationships in which the subject of the labor contract or the place of performance of the labor contract has foreign-related elements. The specific manifestations include the relationship formed by foreign companies employing Chinese to work in foreign countries, foreign companies hiring Chinese to work in China, foreign companies hiring foreigners to work in China, foreign companies hiring Chinese to work in China in branches or representative offices in China, foreign companies hiring foreigners to work in China, Chinese companies hiring foreigners to work in foreign countries, Chinese companies hiring foreigners to work in China, and Chinese companies hiring Chinese to work abroad.

Legal Analysis: Foreign-related labor disputes refer to labor disputes in which one or both parties do not have Chinese nationality, including disputes between Chinese employers and foreign employees, and between Chinese employees or sales workers and foreign employers.

Legal basis: Article 265 of the Civil Procedure Law of the People's Republic of China: The people's court at the place where the enterprise signed or performed the contract may have jurisdiction over the signing or performance within the territory of the People's Republic of China due to contract disputes or other disputes over property rights and interests. Accordingly, if a labor dispute arises due to the performance of a labor (work) contract signed between a Chinese citizen and a foreign enterprise within the territory of China, it may be accepted by the labor dispute arbitration commission at the place where the labor (work) contract is performed in accordance with the fourth paragraph of Article 2 of the Regulations of the People's Republic of China on Enterprises.

Legal Analysis: Foreign-related labor disputes refer to labor disputes in which one or both parties do not have Chinese nationality, including disputes between Chinese employers and foreign employees, and between Chinese employees and foreign employers.

Legal basis: Civil Procedure Law of the People's Republic of China Article 265 The people's court at the place where the enterprise signed or the place where the contract is performed may be under the jurisdiction of the people's court at the place where the enterprise signs or performs the contract due to contract disputes or other disputes over property rights and interests within the territory of the People's Republic of China. Accordingly, if the performance of the labor (work) contract signed between a Chinese citizen and a foreign enterprise is within the territory of China, and a labor dispute arises due to the performance of the labor (work) contract, the hail sale may be accepted by the labor dispute arbitration commission at the place where the labor (work) contract is performed in accordance with Article 2, Paragraph 4 of the Regulations of the People's Republic of China on Enterprises and Enterprises.

Answer] Sources a, b, d, e

Answer analysis] The resolution mechanism of labor disputes includes: Self-reliance refers to the fact that the parties to a labor dispute rely on the parties' own strength to resolve the dispute without the intervention or assistance of a third party other than the subject of the dispute. Social relief refers to relying on social forces, that is, various social mediation organizations, to guide and communicate the disputes of the parties to labor disputes in accordance with laws, practices, ethics and other norms, so as to promote mutual understanding and concessions between the parties and resolve the disputes.

Public remedies refer to the mechanism of using the public power of the state to resolve labor disputes, including labor dispute litigation and administrative adjudication. Social assistance is a combination of public assistance.