家庭雇佣型家政工人工伤保险制度研究

家政工作存在风险是客观的,世界上一些国家和地区采取集体协商和国家指引的方式将家庭雇佣型家政工人排除在工伤保险之外的做法,不仅对该群体有失公允,而且难以有效化解家政工人与其雇主之间的诸多矛盾。考虑到家政工人的特殊性,建议我国未来家政工人工伤保险政策以工作时间作为权衡家政工人享受工伤保险权益的核心标准,将每周工作达到3天或者达到24小时的家政工人纳入工伤保险范畴,强制要求家庭雇主为该类家政工人购买工伤保险,同时,许可每周工作时间不到3天或者不到24小时的家政工人以自我雇佣者身份自行参加工伤保险。

On Study of Domestic Workers’ Injury Insurance

Objectively speaking,domestic work is by no means risk-free.As such,exclusion of family hired domestic workers from the work injury insurance either by way of collective bargaining or government policymaking is not only unfair with respect to protection of their rights but also not conducive to solution of contradictions between the workers and their employers.Working time should be taken as a core test while considering what kinds of domestic workers should be covered by work injury insurance.Taking into account the characteristics of domestic workers and China’s specific conditions,one can see that it is most appropriate for work injury insurance to have those within its coverage who work regularly up to three days or twenty-four hours per week,whereas the household employers shall contribute to the premiums.Further,a domestic worker whose working time is less than twenty-four hours or three days per week is allowed to insure against work injury as a self-employed person.