The main forms of foreign-related labor services include the following:
1. Domestic employers dispatch their employees to work at overseas employers: This situation usually occurs when domestic employers dispatch their employees to work at overseas employers. For example, Chinese ocean companies dispatch their crew members to work on overseas employers' ships when their vessels cease operations or when their operations are insufficient. In this case, the worker provides labor to overseas employers while retaining their identity.
2. Employers within our country take their employees out of the country to fulfill their labor obligations after undertaking business abroad. For example, Chinese construction companies participate in overseas construction bidding and, after winning the bid, bring their employees who have already established labor relationships with them abroad to fulfill the agreed labor obligations.
3. Overseas labor dispatch companies within our country sign labor cooperation contracts with overseas employers, and then dispatch workers who have established labor legal relationships with them to work overseas. These types of labor dispatch companies are usually specialized foreign-related labor dispatch companies that specialize in dispatching workers who have signed contracts with them to work abroad.
4. Overseas employment agencies in our country introduce workers to overseas employment: These agencies must be established in accordance with the "Regulations on the Administration of Overseas Employment Intermediaries" and obtain the "Overseas Employment Intermediary License". Units and individuals without approval and registration are not allowed to engage in overseas employment intermediary activities. Chinese citizens are required to sign labor contracts with overseas employers, and their labor behavior in the place of performance shall be handled according to the principle of territoriality, which does not apply to China's labor laws.
5. Foreign labor cooperation: With the approval of the national competent department, enterprises with the right to operate foreign labor cooperation shall select the required professional labor personnel to provide labor services abroad in accordance with the labor cooperation contract signed with the foreign employer, and obtain certain economic rewards for their business activities. In this mode, labor cooperation enterprises and foreign employers need to sign labor cooperation contracts, labor cooperation enterprises and labor personnel need to sign service contracts, and foreign employers and labor personnel need to sign contracts that determine the labor relationship.
6. Outsourcing projects: The activity of Chinese enterprises or other units contracting overseas construction projects. The units that undertake foreign contracted projects shall enter into labor contracts with the laborers they hire and fulfill the obligations of the employing units. There is neither a labor relationship nor a contracting relationship between the employer and the laborers, but there is a certain correlation between the contracting relationship and the labor relationship.
The legal relationships involved in these forms are relatively complex, and special attention needs to be paid to the protection of the rights and interests of all parties and the consistency of contract terms.