Journal of Shanghai University (Social Science Edition) ›› 2021, Vol. 38 ›› Issue (1): 89-104.

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A Study on the Establishment of Labor Standards for Talent #br# Highland in China’s Free Trade Zones —A Perspective of Labor Rights Protection

  

  • Online:2021-01-15 Published:2021-03-18

Abstract: In the establishment of labor standards for talent highland in free trade zones, both international and domestic levels should be taken into account. At the international level, the provisions and standards in the International Labor Convention (ILO) together with US and EU free trade agreements (FTA) can be referenced to and selectively adapted for China's usage. At the domestic perspective, greater importance should be attached to the special demands of high-level talents and the institutional supply capacity of the state, because the former provides basic rules guaranteeing labor rights for international talents while the later reflects the national lawmaker's legislative will and institutional supply capacity. Specifically, it is essential to assimilate the essence of international labor standards, promote the convenience of talent flow and adopt flexible work schedules. In addition to implementing the international prevailing labor standards in the FTA, we should also play the role of both participant and leader in the process of formulating and revising the international labor system. Meanwhile, it is vital to realize the orderly flow of international and domestic talents and labors in those free trade zones with possible conditions while considering the actual needs of the zones and seeking for reference the detailed and practical provisions of US and EU FTA on the movement of natural persons. Finally, in terms of domestic legislation, it is necessary to make full use of the “local legislative power” and the method of legal interpretation so as to maximize the legislative power of free trade zones and achieve policy objectives.

Key words: Key words: the building of free trade zones, talent highland, labor standard, labor protection;transnational movement of natural persons