On The Protection Of Labor Rights And Interests Of Domestic Workers In Our Country

In recent years, the profound change of the economic structure of our country, the third industry has become a new growth point of economic development, domestic service industry as the employment of personnel, good prospects for the development of the emerging industry is more and more concerned by the society. At the same time, the scale of the rapid growth of the domestic service industry has brought many problems, the rapid development of domestic service industry hinder.The problems in the domestic industry, protection of rights and interests of domestic workers is particularly prominent. At present, the problems in China to protect the rights and interests of domestic workers are: the time for rest and vacation without security, wages are low, work-related injury insurance rate is low, the body vulnerable to violations of the rights of man, the contract rate is low, the lack of social security.Due to lack of protection of the rights and interests of domestic workers are mainly in four aspects: first, the legislative defects of the system of labor law. Since the development of the domestic industry in the system of legal norms, while domestic workers’ rights in China "the general principles of the civil law" and "contract law" on the protection of the informal employment makes up the shortage of current labor law system, but the particularity in the labor rights and interests of domestic workers still appeared to be inadequate protection. Second, the supervision mechanism is not perfect. Third, domestic workers can not enjoy social security, also did not pay commercial insurance. Fourth, the right relief way is not perfect. Homemaking dispute is difficult, high cost, industry association is not perfect, domestic workers’ rights is weak are frustrated domestic workers rights.To solve these problems, first of all should be given to domestic workers laborers. With the domestic service industry related laws and regulations, and gradually improve, expand the applicable scope of labor laws and regulations, formulate industry regulations. Secondly, improve the domestic workers rights remedy, judicial remedy and complement each other with the non litigation mediation mechanism, broaden the channels of relief. Finally, government regulation and government support measures, play a mediating role of government in the domestic service sector, and promote sound and rapid development of domestic service industry.