家政服务法律模式初探——兼论创设标准化家政服务合同之构想

我国家政服务是缓解就业压力、存在巨大市场需求的朝阳产业,但我国劳动法竟将家政服务关系从其调整范围中剔除,以致现实中无法可依,家政工人权益受损,家政服务市场混乱。而今第三产业欲全面发展,ILO家政服务工人保护标准出台在即,尽早设立符合我国国情的家政服务调整模式实是当务之急。本文试图从家政服务自身特征出发,通过比较法研究参照各国立法例,阐明传统劳动法调整家政服务关系所面临的困境。并另辟蹊径,构建一种独立于劳动合同之外的家政服务标准化合同的制度框架。

Exploration on Legal Pattern of Household Service- Conceiving of Drawing a Contract on Standardized Household Service

Household service industry in our country is a sunrise industry which can relieve employment pressure under the circumstances of strong demand. However, the Labor Law rejects household service relation from its adjusting area, with the results that there is no principle to follow in actual practice, household workers＇ rights and interests are damaged, as well as resulting in household market disruption. Now, under the circumstances that the tertiary.＇ industry is going to develop in an all-around way, and ILO standard of household worker protection is coming in a shortly soon, it is of great urgency to set a household service adjusting pattern that firs for our country as soon as possible. This paper proceeds from the features of household service, to illustrate the dilemma of traditional Labor Law＇s adjusting of household service relation, with reference to the legislative examples of each nation through the method of comparison. On the other hand, this paper also constructs an institutional framework of a standardized contract on household service independent of labor contract.