FEATURES OF CONFLICT-OF-LAWS REGULATION OF INTERNATIONAL WORK RELATIONS

Abstract

The article provides a comprehensive legal study of the basic principles of conflict-oflaws and legal regulation of work, complicated by a foreign element. It is determined that work relations complicated by a foreign element include: work of local citizens with foreign employers outside their country; foreign business trips of citizens to work abroad; work at enterprises owned by foreign entrepreneurs on the territory of their state; work of foreigners in the host state. It is noted that conflict-of-laws issues in the field of work relations complicated by a foreign element arise due to the specifics of the national legislation of each of the countries and the inconsistency of private international law in this area. The article analyzes the peculiarities of work of foreigners in Austria, Brazil, Canada, China, Romania, USA, Tunisia, Hungary, Ukraine, France, Germany, Czech Republic, Sweden, Switzerland, Japan. Based on the analysis it is concluded that the working conditions of emigrants are regulated by Public Law Regulations, which are mandatory and less humane in their content than the general conditions established by the general labor legislation and collective agreements. Foreign workers are directly dependent on entrepreneurs due to threats of expulsion, language difficulties, lack of professional training and other reasons. It is characterized by free overtime work, non-provision of vacations and sick leave. The article describes the conflict-of-laws bindings, which regulate work relations complicated by a foreign element, namely: the law of the autonomous will of the parties, the law of the place of performing of work, the law of the location of the employer, the law of the place of conclusion of an employment contract, the principle of the employer's personal law, the law of citizenship (domicile), the law of the flag, the principle of the closest connection. The features of the operation of conflict-of-laws bindings regulating work relations complicated by a foreign element in countries of different legal families are considered