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Research on the Protection of Foreign Workers’ Rights and Interests after the Bankruptcy of Chinese Enterprises

Research on the Protection of Foreign Workers’ Rights and Interests after the Bankruptcy of Chinese Enterprises

冼博涵

31호, 225~251쪽

초록

Against the backdrop of economic globalization, frequent wage arrears for foreign workers in multinational enterprise bankruptcies not only harm their rights and interests but also affect social order and national image. This paper analyzes the current situation of protecting foreign workers’ rights in Chinese enterprise bankruptcies, identifying core issues such as prominent wage arrears, shortcomings in employment protection systems, difficulties linking visa issues with wage claim enforcement, and inadequate legal application and enforcement. By studying the practices of the United States, Germany, Japan, and other countries in areas like legal safeguards, government supervision, and social organization assistance, and considering China’s national conditions, this paper proposes improvement paths: clarifying the priority of foreign workers’ wage claims and establishing a wage payment security deposit system; improving the employment protection system, standardizing procedures, and strengthening training; establishing an “Unpaid-Wage Claim Visa” and building cross-border collaboration and agency mechanisms; upgrading laws, establishing multi-departmental cooperation, and creating databases. The research aims to improve relevant systems, safeguard the rights and interests of foreign workers, enhance the international attractiveness of China’s labor market, and support high-quality economic development.

Abstract

Against the backdrop of economic globalization, frequent wage arrears for foreign workers in multinational enterprise bankruptcies not only harm their rights and interests but also affect social order and national image. This paper analyzes the current situation of protecting foreign workers’ rights in Chinese enterprise bankruptcies, identifying core issues such as prominent wage arrears, shortcomings in employment protection systems, difficulties linking visa issues with wage claim enforcement, and inadequate legal application and enforcement. By studying the practices of the United States, Germany, Japan, and other countries in areas like legal safeguards, government supervision, and social organization assistance, and considering China’s national conditions, this paper proposes improvement paths: clarifying the priority of foreign workers’ wage claims and establishing a wage payment security deposit system; improving the employment protection system, standardizing procedures, and strengthening training; establishing an “Unpaid-Wage Claim Visa” and building cross-border collaboration and agency mechanisms; upgrading laws, establishing multi-departmental cooperation, and creating databases. The research aims to improve relevant systems, safeguard the rights and interests of foreign workers, enhance the international attractiveness of China’s labor market, and support high-quality economic development.

발행기관:
한국채무자회생법학회
DOI:
http://dx.doi.org/10.51617/karbl.2025.31.225
분류:
법학

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