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2013年7月,中美两国同意尽快就双边投资协定进行实质谈判,双方之间诸多需要调和的争议点之一即为劳工权利保护问题。针对美国双边投资协定范本中的劳工保护条款,分析中美两国劳工保护制度的相关差异及其对我国的影响,以期为我国对美投资企业应对劳工风险提供建议,并对我国外资企业劳工权利保护制度的完善提出初步意见。同时认为,相较于中美之间存在的其他争议点而言,对于美国双边投资协定范本中的劳工保护条款我国可以予以接受。
In July 2013, China and the United States agreed to substantive negotiations on the BITs as soon as possible. One of the many disputes that needs to be reconciled between the two sides is the protection of labor rights. According to the labor protection clauses in the American Bilateral Investment Agreement model, this paper analyzes the differences between the labor protection systems in China and the United States and their impact on our country, with a view to providing suggestions for China's investment in the United States to address the labor risks and the labor rights of foreign-funded enterprises Preservation of the protection system put forward its initial views. At the same time, China believes that labor protection clauses in the U.S. BIMA model can be accepted in comparison with other disputes that exist between China and the United States.