Research On The Labor Rights Of Domestic Workers

There are about20million domestic workers and600,000domestic companies inchina. It is20%of the number of domestic workers in the world. Domestic servicecan not only broaden employment channels, ease the contradiction of employment,but also protect the employment rights of workers, providing to meet the growingservice needs of residents.In spite of the rapid development, China’s domestic service is facing with seriousproblems, such as the confusion management of the domestic market, the absence oflaws and regulations in domestic workers’ employment and social security, andprotection mechanism of their labor rights, and so on.Based on the above reality, this article analyzes the recent legalrelationship of China’s current domestic services, finds that the root of the problem isthe central adjustment mode一the civil law, and then theoretically reflects on therelationship of traditional labor relations and employment relations, reconstructs theboundaries and relationships between the two. Meanwhile, works on the laborattributes and the special nature of domestic work, and the difficulties to protect itunder labor laws, as necessary preparation and groundwork to build the system to do.Finally, rebuild China’s domestic workers’ protection system (legislative, judicature,administration), in order to contribute to the domestic workers’ labor law protectionsystem.