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随着世界经济的快速发展和我国改革开放的逐步深入,尤其是我国加入WTO之后,我国与国外的经济联系日益密切,当前我国出现大量劳务人员出国务工的情况,如何保障我国出国劳务人员的合法权益成为当前亟待解决的问题。本文试图从我国外派劳务合同法律性质入手,结合实务中具体案例予以分析,将外派劳务合同的法律性质定性为劳务合同,并区别于劳动合同,认为外派劳务合同适用于我国民法调整范围,便于在纠纷发生时寻求正当渠道解决。
With the rapid development of the world economy and the gradual deepening of China’s reform and opening up, especially after China’s accession to the WTO, the economic relations between our country and other countries are getting closer. At present, there are a large number of labor service workers in our country who go abroad for employment. The rights and interests have become the problems to be solved urgently. This article attempts to start with the legal nature of labor contract in our country and analyze the specific cases in practice. The legal nature of the labor contract is defined as the labor contract, which is different from the labor contract. It is considered that the contract of labor assignment is suitable for the adjustment of civil law in our country , To facilitate the search for proper channels to resolve disputes.