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美国外贸法通过事前预防和事后救济等措施全方位保护工人及其所在的企业、产业,明确规定国会、总统、商务部、国际贸易法院等国家机构保护劳动就业权的作为义务,同时授予劳工组织等主体享有保护工人劳动就业权的权利。我国外贸法应当将保护外贸关联企业职工劳动就业权作为首要立法宗旨之一,明确各机关保护职工劳动就业权的积极作为义务和责任,防止外国政府滥用贸易政策法律和各种新旧贸易保护主义措施侵害职工劳动就业权。
The United States Foreign Trade Law has all along protected workers and their enterprises and industries through measures such as ex ante prevention and ex post facto relief. It explicitly stipulated that the parliament, the president, the Ministry of Commerce, the International Trade Court and other state agencies should protect the right to employment as an obligation and at the same time grant the labor organizations And other subjects enjoy the right to protect workers’ right to work and employment. China’s foreign trade law should take the protection of the employment rights of employees in foreign trade related enterprises as one of its primary legislative purposes. It should also clarify the positive obligations and responsibilities of various agencies in protecting the employment rights of workers and staff members and prevent foreign governments from abusing trade policy laws and various old and new protectionist measures Violation of workers’ employment rights.