The Protection Of Insurance Salesmen's Rights Under The Labor Law Visual Field

The proxy insurance salesmen system was brought to China in 1992 by the American International Assurance Company,since more than ten years before,insurance salesmen become one of the origin impetus for our nation's insurance industry high speed development.However,although being such a community which makes a great contributions to our nation's insurance industry as it is,it is in a completely imperfection position at the protection of labor rights,which there are no guarantee and welfare.The root of the insurance salesmen's lack of labor rights guarantee lies in the exploded antinomy and conflict from their relationship with insurance company in the theory and practice level.Concerning from the legal property,the relationship between the insurance company and its insurance salesmen is principal-agent relation,labor relation is inexistence,insurance salesmen are fixed position at personal insurance agent.But at the practice level,the principal-agent relation between insurance company and its insurance salesmen is not only nonstandard,but also the insurance company practices employee management to insurance salesmen,thus forms a kind of principal-agent relation and labor relation's mixed statement,that is neither pure principal-agent relation, nor pure labor relation,these two kinds of relations interleaved exist in the intercourse between insurance company and its salesmen.This kind of mixed relation can be regarded as a kind of concealed labor relation,according to the"fact first"principle and"subordinate"standard,great majority of the mixed relations can be affirmed for the fact labor relation. Existence of the mixed relation makes insurance company on the one hand can carry through similar employee management style to the insurance salesmen,and on the other hand can sign a principal-agent contract not a labor contract with insurance salesmen,both sides are principal-agent relation rather than labor relation as the reason for elusion of its social security and labor welfare obligation it should bear.As for the formation of our nation's labor rights protection system of insurance salesmen,we should fully considerate the actual situation of our nation's insurance market development,and combine with the special characteristic of our nation's insurance marketing mode,rather than copy and transplant other nation's system blindly.We may choose a kind of comprehensive mode including principal-agent system,employee system and exclusively surrogate company system,by the following three ways to distribute existing insurance salesmen,that are leaving over a part used by insurance company,absorbing a part by professional surrogate company,conversing a part by personal agent.At designing the concrete system,in addition to further perfect social insurance,business insurance providing for the aged and hospitalization insurance,we should also give our attention to establish insurance agent craft union,vigorously develop the professional insurance surrogate company.