Research On Relevant Legal Issues Of Home-Servics Workers

Accompany with the faster and faster pace of life in the modern society, the idea and concept of people changed continually. The obvious tendency of aging of population and family miniaturization in recent years with many other societal incentives, the socialization of housework is becoming even more raged, therefore, the importance of home-service workers for a modern family is highlighted day by day. Meanwhile, kinds of disputes between home-service workers and their employers congest the major media. It is very difficult for home-service workers to defend their rights as vulnerable groups for there is no explicit legal direction. The international communities also paid much attention to the predicament of the home-service workers; especially the International Labor Organization (ILO) officially passed an international convention to protect the dignity of the home-service workers during their work in June2011. Confront with the predicament for the home-service workers to defend their rights and the intense appeal of the international communities our country should attach more importance to the rights protection for the domestic home-service workers. This thesis bases on the analysis of the features of the personnel structure and the work itself, in line with the status and problems of the home-service industry at present to propose the subject position in labor law for home-service workers, then discusses in two aspects of the qualification for labor in Labor Contract Law (Draft) and the defects of the civil law to protect home-service workers in our country now, to put forward legislative principles in order to protect the lawful rights and interests of the home-service workers more effectively and establish the legislative frame specialized for them.This thesis contains four chapters and separately discusses from several aspects as follow:the definition, types and characteristics of home-service workers; current situation and problems of home-service industry in our country; the comments on the protective mode of the present law in our country for home-service workers; and the policies to perfect the protection for home-service workers. The first chapter contains the overview of home-service workers. The author first gives the definition and types of home-service workers and then analyzes the features of the personnel structure and the work itself to do spade work for the targeted legislative proposal in what follows in the thesis.The second chapter contains the current situation and problems of home-service industry in our country and analyzes the current status of the market of the home-service and finds out problems.The third chapter comments on the protective mode of the present law in our country for home-service workers. This part cleared up the relevant law for home-service workers according to hierarchy of the laws and regulations and comments of the protective mode of the current civil law and contract law in order to find out the shortages and offer proposals.The fourth chapter discusses the method to perfect the legislative principles to protect the rights and interests of home-service workers. After thoroughly considering the cost of legislation the step-by-step method can be used then the feasibility can be analyzed and the frame can be established.