Author:
Rafiullah Habibi,Rabhi Haifa,Sallam Ahmed,Yongtaoao Zhou
Abstract
In the era of global economic integration and a rapidly changing international workforce, China has witnessed a significant increase in the number of foreign workers, especially since its accession to the WTO. This influx has disrupted China's labor market equilibrium and raised substantial challenges related to national sovereignty, security, social order, and public health. The Chinese legislative landscape grapples with various issues, such as delays in legislation, unclear regulatory boundaries, gaps in emerging sectors, lenient penalties for illegal employment, and inadequate coordination among law enforcement agencies. This paper holds both theoretical and practical importance as it aims to tackle these problems, proposing potential solutions to issues arising from the illicit employment of foreigners.
Drawing insights from global legislative practices and emphasizing the safeguarding of domestic labor, this paper seeks to establish a comprehensive legislative framework for foreign employment in China, including provisions for exceptions to equal treatment. Additionally, it advocates for stricter employer accountability and penalties for illegal employment, highlighting the urgent need for improved cooperation and efficiency among law enforcement agencies. Beyond addressing domestic challenges, this paper also promotes international cooperation in foreign labor management, aligning with evolving global standards and continuously enhancing China's legal framework.