Study On The Labor Law’s Protection Of Domestic Workers’ Rights And Interests

China’s market economy has been booming in recent years, the domestic industry has gradually become popular employment direction, market demand continues to grow.The busy work makes it difficult for people to have time and energy for domestic trivial matters, which provides broad space and prospects for the development of the domestic industry. Domestic industry formed some characteristics different from other industries in the development,these characteristics led to the special problems of the protection of the rights and interests of domestic workers, the phenomenon that domestic workers have been infringed frequently is serious in practice, the comprehensive protection is imminent. The most particularity of domestic work is the work place not in public, but in private homes, which makes some special problems may appear at work, such as subject to the employer’s abuse, beating and difficult to be known by the outside world, protection of rights has become more difficult.However, the vulnerable group is not protected by China’s "Labor Law", protection of rights is mainly with reference to the civil law, the protection of the rights and interests of domestic workers is not systematic, insufficient, coverage is not wide.The domestic industry is developing rapidly, domestic workers are increasing year by year, in an era of advocating rights and promoting the rule of law, we should not ignore the interests of the vulnerable groups of domestic workers and the desire of looking for decent work, it is also the responsibility of the age to give them the perfect legal protection.The author believes that incorporating domestic workers into the labor law’s protection, is the necessary road to ensure safety and decent employment of domestic workers, as well as the must choice for healthy and long-term development of domestic industry.This article consists of three parts, the first part introduces the concept of the domestic workers and three kinds of classification of domestic work mode, namely employment system, intermediary system and employee system.Employee system mode of domestic workers and domestic companies signed the labor contract, the rights and interests has been protected by labor law, so this article mainly discussed the issue about the labor law’s protection of the rights and interests of domestic workers who belonged to the mode of employment system and intermediary system.Through the analysis of the necessity and feasibility of the labor law’s protection of domestic workers, explains the reasons of China’s exclusion of other legislative modes.The second part introduces the foreign modes of the labor law’s protection of domestic workers and analyzes the legislative idea and concrete system for our reference.For example, giving the position of labor workers on the labor law, through training to enhance professional accomplishment and the system of being included in the employment injury insurance for our reference.The third part puts forward advice on incorporating domestic workers into the labor law’s protection, and formulating concrete and special legal system according to their particularity, providing basic and special protection for domestic workers’ rights and interests, making our domestic workers really get rid of all kinds of difficulties, such as rest time without security, arrears of wages with no reason, dispute rights difficult and so on, making domestic workers focus on their work and rest assured to life under the legal system, which could provide the more reasonable, more effective and more comprehensive protection for their legitimate rights and interests.