A Discussion On Legal Obstacle And System Improvement Of Tour Guides Access The Social Insurance

Since the reform and opening up, tourism industry has developed very quickly. Now it has became a major industry of the national economy. Meanwhile more and more people join in the tour guide team. According to Regulations on Administration of Tour Guides, there are two kinds of tour guides:One of them concludes the labor contract and establishes labor relationship with travel agency. One of them just registers with a tour guide service agencies. With the rapid development of economy and tourism, more and more tour guides terminate the labor contract with travel agency. The change of tour guides’personnel identity and this job’character has brought many new challenges to the existing labor law system and social insurance system. Because of the different management mode, tour guides’labor relationship are very complicated, most of the tour guides cannot participate in social insurance by employers, and to some extent the current social insurance system is not conducive to participate in social insurance for tour guides. At the micro level, solve the problems of tour guides access the social insurance can eliminate the worries of tour guides.From the macro level it can not only plays an important role in supporting and promoting the development of China’s tourism industry, but also can solve the issues of non-standard labor relationship workers participate in the social insurance.The thesis is divided into four parts:In the first part, the main content is to introduce the significance and the ideas of my thesis and research methods, summarize the research status of tour guides participating in social insurance at domestic and overseas academic circles; The second part is the present situation of tour guide access the social insurance. In this section, firstly I introduced the concept and classification of the tour guides. Then analyzed the present situation of tour guides’social insurance through the data derived from questionnaires that have been collected from Nanjing, Shanghai, Hangzhou three cities; The third part is about the legal obstacles of tour guides access the social insurance. There are two main obstacles:One is the fuzzy labor relationship makes most tour guides can not participate in the social insurance as employees of the travel agency. Another is the current social insurance system is not applicable for the tour guide access the social insurance. The fourth part is the system improvement of tour guides access the social insurance. This section is the most important part of this thesis. Firstly, clear the general idea and the basic principles of perfecting the social insurance system. Then under the guidance of this general idea and basic principles focus on three aspects to innovating the social insurance system for tour guides. First, regularizing the labor relationship of the tour guides, the relationship between the tour guides and travel agency is non-standard labor relationship. This kind of labor relationship is different from the traditional labor relationship, but its essence is still labor relationship. Second, considering the particularity of the tour guide occupation, current social insurance system should be adjusted accordingly. The author puts forward suggestions to perfect the basic pension insurance and the basic medical insurance, on the basis of developed countries experience. Third, the smaller travel agency should be given a certain degree of immunity. Part of tour guides does not have stable labor relationship or have multiple labor relations, these tour guides’mode of participate in the social insurance should be innovated. They can have some free space to choose the mode of participate in the social insurance, insurance rates and the types of social insurance.