论外国人在华就业的法律调控

国际劳工标准和国际人权法对移民工人的保护以国民待遇为基本原则。而我国现行立法限制了外籍劳动者在华平等就业和选择职业的权利,但对其他劳动权利的保护应当实行平等保护。目前以限制和管理为中心的规范方式难以充分保障外籍劳动者权利的实现,我们应当建构出一套规范和保护在华外国人就业权益的法律制度。

On the Legal Regulation of Employment of Foreigners in China

The national treatment principle acts as the basic principle of the protection for migrant workers according to the international labor standards and the international human right law. Although the current legislation in China has limited foreigners equal employment rights as well as occupational selection rights, we should provide equal protection to their other rights. Since the current policy centered on restriction and administration is difficult to guarantee foreigners＇labor rights, some new legal systems should be redesigned to normalize and protect the em- ployment rights and interests of foreigners working within the territory of China.