Research On The Compensation For Personal Injury Of Housekeeping Staff

With the development of society,the increase of residents 'income,the change of residents' consumption structure and the change of family structure in our country,domestic service industry has become an indispensable and important role in modern society.With the development of domestic service industry,domestic service disputes are also complicated and diversified,domestic workers suffered personal injury after the timely and effective compensation,seriously damaged the development of the domestic industry and domestic workers' personal rights and interests.In today's domestic service industry,the staff of the domestic workers by the labor law protection,and most of the intermediary system and casual workers can not be included in the labor law protection,suffered personal injury after the timely and effective compensation,so this article mainly research intermediary And the protection of the rights and interests of domestic workers' injuries.The existing laws and regulations on the protection of domestic workers scattered in the field of civil law,such as tort law,contract law and the relevant judicial interpretation,but because the domestic industry management is not standardized,the quality of domestic workers themselves is not high,domestic workers for rural workers and laid-off workers Workers,low level of knowledge,weak sense of rights,combined with the concept of freedom and equality of civil law conflict with the attitude of domestic workers should be inclined to protect the tort law system design has limitations,the contract law can not be a good protection of home workers' personal rights and local The scope of application of laws and regulations is small,the lack of coercion,resulting in domestic workers in the personal injury after the timely and effective compensation.The personal rights and interests of domestic workers are difficult to protect,to combat the enthusiasm of domestic workers,but also led to the slow development of domestic industry,it is difficult to form large-scale,standardized operation.By reading a lot of literature,I believe that domestic workers is the real sense of the workers,domestic service with labor attributes,domestic service legal relationship is the employment relationship.And the employment relationship and labor relations are consistent,so the domestic service relationship should be included in the labor law to protect,domestic workers should enjoy the rights and interests of workers.The incorporation of domestic workers into labor law can not only make up for the existing laws and regulations to protect the rights and interests of domestic workers,to solve the reality and judicial difficulties,while the most important point is to improve the social status of domestic workers,into the industrial injury insurance,Damage to the rights and interests of maintenance issues.In the home workers into the work injury insurance,many countries and regions have carried out a useful exploration.Such as the United States part of the state to develop specific laws and regulations to protect the work of home workers work insurance rights and interests,Germany welfare policy is relatively perfect,home workers work injury insurance rights are fully protected,Mexico to encourage home workers to purchase industrial injury insurance.China's developed areas such as Shenzhen,Suzhou and other places also on the home workers of the work injury insurance rights and interests to develop appropriate policies.Above the experience of foreign countries and China's regional exploration shows that home workers into the work injury insurance is feasible and urgent.On the home workers work injury insurance rights and interests of the system construction,I believe that by modifying the social insurance law,the classification of home workers to protect,and a separate design of home injury insurance.On the payment method,should be based on the work of home workers to determine the time,on the payment of the main,by the employer to buy industrial injury insurance in line with the principle of balance of interests.At the same time should be based on the wage level of domestic workers as home workers into the threshold of industrial injury insurance,and through the registration system to regulate the work ofindustrial and industrial insurance system.In addition,in order to better protect the rights and interests of domestic workers work injury insurance,but also need to strengthen the government financial support,departmental supervision and community,women's federations and other social forces support.Only the community to work together in order to better carry out the system to build,to promote the work of home workers' rights and interests of the issue better and faster solution.Through the above research aimed at the social and academic community more concerned about the domestic service industry,pay attention to the personal rights and interests of domestic workers,to promote the domestic service industry legislation,to protect the work of home workers work injury insurance rights,to solve the worries of domestic workers to promote domestic health service industry norms development of.