Analyses On The Applicable Law On Domestic Workers

With the continuous development of China’s economy and society, andincreasingly refined social division of labor, domestic service has already developedinto a thriving industry. Domestic service army broaden employment channels to easethe contradiction of employment, security and other aspects of the employment rightsof workers made a tremendous contribution to continue to meet the growing serviceneeds of residents. However, when the ascendant domestic service, domesticservice-related interests in disputes with their employers. In practice, the legalprotection of domestic workers highlights the fragile barrier, protection of labor rightsof domestic workers is difficult to achieve. At present, domestic service personnelhave not been included in the labor law, does not belong to the workers on the laborlaw.Domestic service industry compared to other labor groups are special, peacefuland voluntary principles to protect private rights can not properly protected sorelevant interests in domestic service industry personnel. By giving employers to staffremuneration, exchange affiliation between the two, in this case, can not be used ifthe tilt of vulnerable groups to protect the interests of nature, then a variety ofinterests between the two is bound to produce imbalance. In addition, China’sdomestic service groups with low cultural level and the high proportion offemale-oriented, labor groups, the nature of this particular need for protection-relatedlaws and regulations, in the course of this special group of labor, and a relativelyweak groups. If we do not attach importance to the domestic industry’s self-servicestatus, then not only failed to meet the interests of domestic industry, servicepersonnel, and, in this case, and would have some idea of the labor conflict. With thesocial needs of the domestic industry and improve service and the type ofdiversification, the meaning of existence in the industry is constantly rising, if youcan not pay attention to the industry, then our economy will inevitably lead to adverseeffects.In view of this, this article from the role of domestic service personnel as the research beginning, the legal status of domestic service staff, around the reality of theconflict of the law, makes a deep research on the application of law in domesticservice personnel. This article is from four to gradually expand the domestic servicespecific choice of law applicable to the path. Firstly, the role of domestic serviceorientation, and to analyze the characteristics of groups of domestic workers from thecomposition of our housekeeping staff point of view, China’s domestic service women,the proportion of low cultural level of the population is very large, this oneparticularity makes the composition of the group need to be more comprehensivelegal protection, labor process "vulnerable" is beyond doubt. Secondly, domesticservice workers from the properties start to laborers on the labor law to define tool,the legal status of domestic service workers classified as "laborers" labor law. Willexpand the scope of protection of labor law to its original intent to protect"vulnerable","laborers"; Third, on the basis of determining the legal status ofdomestic service personnel on the law applicable to the analysis of the situation andlack of domestic service, the formation of Housekeeping staff adjustments applicablelabor laws conclusions. Finally, according to the theorists to explore the relationshipbetween domestic service adjustment model for proposed domestic service personnelshould distinguish conclusions applicable labor laws.