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劳动争议是劳动者与用人单位之间因劳动法律关系而形成的争议。就我国而言,如果劳动者与用人单位的一方或双方是外国人或外国企业或者劳动履行地、劳动合同签订地在国外,则为涉外劳动争议。在处理涉外劳动争议时,既要考虑民商法律的适用,还应当考虑劳动者的权益应受到哪个国家的劳动法保护等问题,而后者往往在处理涉外劳动争议中起着更加关键的作用。
Labor dispute is the controversy caused by labor-law relationship between laborer and employer. For our country, if one or both of the laborer and the employer are foreigners or foreign enterprises or labor fulfillment, the labor contract is concluded abroad in foreign labor dispute. When dealing with labor disputes involving foreign countries, it is necessary to consider the application of civil and commercial laws, and also consider which country's labor law should protect the rights and interests of laborers. The latter, however, often play a more crucial role in handling labor disputes involving foreign countries.