Research On The Legislation Choice Of The Domestic Workers’ Rights Protection In China

The International Labor Organization (ILO) enacted the Agreement of DomesticWorker Protection, which signifies that labor rights and interests of domestic workershave been integrated into the range of law protection. In fact, it have been achronically unsettled issue for national legislations worldwide on whether domesticworkers deserve the rights and treatments of ordinary labors in the sense of labor law，whether their rights should be entailed in law protection as well as how labor lawscould protect them. The paper aims to search for a legislative mode suitable for ourcountry. It specializes mainly in the property of domestic workers,the deserved laborrights for these workers as well as the present law protection state and besides theresearch of legislative mode in foreign countries.Commencing from interior and exterior range of domestic workers, this papercatalogues their working mode into three (staff structure,intermediary mode andputting-out system), analyzes the law-sense property of housekeeping and confirmsthat the nature of housekeeping is the incorporation of employment and labor relationswhich ought to be in the circle of law protection and regulation. On the basis of this,this paper continues to reveal the present status of domestic workers， the necessity oflaw protection and legislation for them. Following this analysis is the elaborateelicitation of four foreign modes for legislation of housekeeping laws， Domestic lawmode,Civil law protection mode, Traditional law protection mode and Comprehensivemode of both Civil and Traditional law protection. Of the four modes, Traditional lawprotection mode is exclusively exposed for the “Dos and Don’ts” in the rights andinterests protection of domestic workers. Consequentially, a new mode of all-aroundprotection has been conceived based on the Creation of Law whose essence is thestandardized housekeeping service contract for housekeeping. This newly conceivedmode adjusted the Traditional law protection mode and stemmed from thestandardized housekeeping service contract and law contract and further revised thespecialty and uniqueness of housekeeping. Not only has this mode encompasses thestandardized housekeeping service contract but it also embraces the relevantlymatched laws, such as the establishment of insurance of work-related insurance, laborregulatory system for domestic workers and the community involvement inhousekeeping service system, etc.