Akhmadova M.A. Conflict of Laws in the Field of the Labour Relations: the Experience of the BRICS Countries
Maryam Abdurakhmanovna Akhmadova
Postgraduate Student, Department of Civil and Labour Law,
Peoples’ Friendship University of Russia
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Miklukho-Maklaya St., 6, 117198 Moscow, Russian Federation
Abstract. The article is devoted to the problems of regulation of conflict of laws of labour relations, the growth of which is related to labour migration and activities of transnational corporations within the BRICS countries.
The authors conclude that the law of Russia and China formulated imperative common conflicts rule (lex loci laboris), which supports the legal regulation of foreign labor. The author also draws attention to the special bilateral agreements which establish a common procedure and peculiarities of lawful employment of foreign persons in the territory of the Contracting States.
Based on the analysis of the legislation of some of the BRICS countries, international acts, the domestic legal doctrine, the proposals were formed to fill identified gaps in the legal regulation of the issue under study.
Key words: BRICS, labour relations with foreign element, applicable law, transnational corporations, labour migration.