According to China's national laws and regulations, only after strict examination and approval by the national labor department, foreign affairs department and other relevant departments can we have the right to act as an agent for labor services abroad, otherwise it will be an illegal labor intermediary. This kind of company often leads to two results. First, you can't go abroad after paying money, but you can't work normally abroad or the treatment is very poor. Once the agency of such companies has problems, or even the company absconds with money, the workers cannot guarantee their own interests.
We must be careful when signing labor contracts abroad.
It is best to consult relevant experts. If you find that the format contract provided by the labor export company is different from the advertising content, you must consult the relevant departments at this time. Consult clearly about the qualifications and legal issues of labor export companies, and it is best to ask a lawyer or someone who knows the law to sign a contract with you. Generally speaking, there are two kinds of employment contracts and labor contracts. The two contracts have different meanings and different subjects, so we should pay attention to the differences in the signing process.
Labor and social security provisions should be clear.
In terms of labor security benefits, the laws at home and abroad are different. When signing a labor contract, we must pay attention to the labor security clauses.
For example, in foreign labor contracts, it is necessary to clearly stipulate the insurance obligation: is the insurance liability borne by itself or by the labor exporting unit or the foreign company that receives the labor force? Who will bear the insurance premium? What if there is no insurance? If there is no insurance obligation, in the event of casualties, it may be evaded several times, and ordinary workers are unable to fight this kind of international labor litigation.
The responsibility for breach of contract for foreign labor services should be distinguished.
What responsibility should the intermediary company bear in case of the risk of unqualified visa or inability to work abroad? Many black-hearted intermediaries can only apply for short-term tourist visas for laborers because they are not qualified. Therefore, workers are usually sent back to their countries of destination or become local "illegal workers". This point, many labor agencies in the standard contract is very vague. After problems occur, workers cannot safeguard their legitimate rights and interests.
As a legal text binding all parties, foreign labor service contracts must attach importance to their functions. At present, the macro-management system of overseas labor services in China is not perfect, and there are no relevant norms and standards for the release of overseas labor services information. Expatriate laborers should strengthen their awareness of rights protection and be alert to the traps in the contract of expatriate laborers.
2. It is illegal to apply for a tourist visa to work abroad, and the rights and interests of workers going abroad cannot be guaranteed. Labor going abroad involves many laws. If you go abroad illegally, you will not be protected by law.
3. First of all, it is necessary to indicate the relevant rights and responsibilities in the formal overseas labor service contract, so that there are laws to follow. Secondly, we should be good at safeguarding rights, find violations that do not conform to the contract, and dare to safeguard rights. Thirdly, you can ask for help from local embassies and consulates in China!
I suggest you go to the labor service channel at the overseas window. The information above is of great reference value. Foreign labor service companies are also qualified and have high credibility!