【线上云德】疫情期间律师说（七十）|我国境外务工人员权益保护问题

随着我国对“一带一路”沿线国家投资、贸易和劳务合作的不断深化，我国境外务工人员数量不断增长，但境外务工人员面临的权益受侵害风险也随之加大。日益增多的境外劳资纠纷已成为我国劳务输出中的重要问题。

With the deepening of China's investment, trade and labor cooperation with countries along the "The Belt and Road", the number of overseas workers in China keeps growing, but the risk of rights and interests infringement of overseas workers also increases. The increasing number of overseas labor disputes has become an important issue in China's labor export.

01：面临的主要问题

1、身份的合法性问题

严格的工作签证制度，获得当地工作签证是外籍劳务人员能够获得东道国居留权的基础，也是能够在东道国合法就业的保障，但获得签证是比较困难的。

1. Legitimacy of identity

Strict work visa system, to obtain a local work visa is the basis for foreign workers to be able to obtain the right of residence in the host country, and also to be able to secure legal employment in the host country, but it is difficult to obtain a visa.

2、招工的正当性问题

与国内有关单位和个人签订合同时，进行欺骗性宣传，虚报海外劳务市场的价格，从中牟取暴利；利用国内出国人员对情况的不熟悉，在签证上做手脚。

2. The legitimacy of recruitment

When signing contracts with relevant units and individuals in China, they engage in deceptive publicity and falsely state the price of overseas labor market, from which they seek huge profits. Take advantage of the domestic going abroad personnel to the situation of the unfamiliar, in the visa manipulation.

3、解决成本大

解约存在回国难，中介费、路费、签证费、外劳费等很多费用的损失。

3. High solution cost

Termination of the contract is difficult to return home, intermediary fees, travel fees, visa fees, foreign labor fees and many other costs of the loss.

02：出境打工应注意的问题

1、 增强自我保护意识

首先，在寻找境外就业机会时，应当寻找正规企业或有资质的劳务中介企业，通过合法途径赴外务工。其次，劳动者必须与企业签订书面劳动合同或服务协议，并查看与赴外务工相关的法律文件，如境外项目承包合同、与外国雇主订立的劳务合作合同等。同时，劳动者在签约前应适当了解东道国有关外籍劳务的法律法规。

1. Enhance self-protection awareness

First of all, when looking for employment opportunities overseas, we should look for regular enterprises or qualified labor intermediary enterprises to work abroad through legal channels. Second, workers must sign written labor contracts or service agreements with enterprises, and look at legal documents related to overseas work, such as contracts for overseas projects and labor cooperation contracts with foreign employers. At the same time, workers should properly understand the laws and regulations of the host country on foreign labor before signing the contract.

2、理性面对劳动争议

首先，境外务工人员在国外遇到问题和困难时，应当积极与用工单位对话协商，通过企业内部渠道向资方反映诉求，尽量将争议化解在企业内部。其次，在企业内部调解无果的情况下，境外务工人员可向东道国外籍劳工管理部门求助。部分外劳政策较为完善的沿线国家设有专门机构负责外籍劳工管理、外劳纠纷处置等工作。再次，当与企业协商无果或求助东道国外籍劳工管理部门有困难时，可向我国驻外使领馆求助，由使领馆出面帮助协调。

2. Rationally face labor disputes

First of all, when overseas migrant workers encounter problems and difficulties in foreign countries, they should actively negotiate with the employing units, report their demands to the capital through the internal channels of the enterprises, and try to resolve the disputes within the enterprises. Secondly, if the internal mediation fails, the overseas workers can ask the foreign labor administration of the host country for help. Some countries along the belt and road with sound foreign labor policies have set up special agencies to manage foreign labor and settle foreign labor disputes. Thirdly, when consultation with enterprises fails or the foreign labor management department of the host country has difficulties, Chinese embassies and consulates abroad can be turned to for help, and the embassies and consulates will come forward to help coordinate.

我国劳动者在境外务工过程中面临着各种侵害权益的风险和可能，我们应充分重视境外务工人员的劳动权益问题，遵守东道国外籍劳务管理规定，并着力构建我国境外务工权益保护法律体系。

Chinese laborers are faced with various risks and possibilities of infringing upon their rights and interests in the process of overseas work. We should pay full attention to the labor rights and interests of overseas workers, abide by the regulations on foreign labor management in the host country, and strive to build a legal system for protecting the rights and interests of overseas workers in China.