On The Perfection Of The Legal System Of Employee Household Service

As a traditional service industry,domestic service can not only relieve the reemployment pressure of rural unemployed population,but also reduce the burden of Urban Dual worker families on family affairs care,which is related to the happy life of thousands of families.It is a livelihood industry that can achieve more with one stone.With the help of economic development,the domestic service industry has derived a variety of employment forms,among which the employee domestic service relationship has a place with its unique professionalism and reliability.Different from the traditional labor relationship,the employee domestic service relationship is not a "company employee" two polar relationship,but a "company employee family user" three polar relationship.The close subordinate relationship between the company and the employees is becoming loose because of the participation of family users.The labor time and place of the employees are more flexible,and the payment of labor remuneration is more complex The allocation of labor resources is more free.At present,the academic community has reached a consensus to bring the employee domestic service relationship into the labor legal system.However,under the current legal framework,the adjustment of employee domestic service relationship still faces many difficulties,such as difficulties in identifying employee domestic service relationship,inadequate protection of labor rights of domestic service personnel,and greater employment risk of family users.The crux of these dilemmas mainly comes from two aspects: first,the positioning of the employee domestic service relationship is confused,the rights and obligations between the main bodies are not clearly defined,the relationship can only be identified by the written labor contract,when the contract is not signed,the legal relationship of the three main bodies is still difficult to be identified as labor relationship under the existing standards in China;Secondly,under the organizational operation form of employee system,based on the particularity of domestic service itself,it is not suitable to be simplified as standard labor relations,and there are basically no other effective measures for the employment protection of family users except the agreement.In essence,the employee domestic service relationship belongs to a kind of labor relationship,which is a quasi labor dispatch relationship with a three pole relationship.China’s legislation should be based on the investigation of the essential attribute of the employee domestic service relationship,which should be explicitly included in the labor law system,and be classified as non-standard labor relationship together with labor dispatch and part-time work.This paper clarifies the positioning of the employee system domestic service relationship,clarifies the rights and obligations between the three parties,and further refines the establishment standards and applicable labor standards of the employee system domestic service relationship,so as to protect the labor rights and interests of domestic service personnel and the employment rights and interests of family users,so as to meet the needs of the steady transition and steady growth of the employee system domestic service relationship.