Validity Of China's Overseas Employment Service Contracts: From The Perspective Of The Game Between Intermediary Evasion And Labor Rights

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Lingling LIAO , Ming-Hsun HSIEH


Based on Chinese legislation and judicial judgments, this paper takes China's overseas employment service contract disputes as an example, and analyzes how overseas employment agencies evade responsibility through laws and court trials, and how workers' demands for protection and compensation of their rights and interests are hindered. The game between overseas employment agencies and labor rights is shown through case analysis, but the results seem to be unsatisfactory. Legislative bodies and judicial judges expressed helplessness when exercising their discretionary powers, because the lack of a certain legislative basis has led to the continuous erosion of labor rights and reduced labor expectations and satisfaction with this unfair treatment. In order to find some evidence and new viewpoints, we put forward targeted suggestions based on the premise of protecting the rights and interests of overseas workers, and provide reference for policy makers and researchers.

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