Theory Of Domestic Workers Rights And Interests Of Labor Protection

Domestic service has a long history in China, the performance under different time for different social relations. With the implementation of family planning policy and the development of market economy, domestic service market increases rapidly, domestic workers in short supply. Domestic workers in our country law, especially the study on the level of labor law, to safeguard the labor rights and interests of domestic workers, promoting the sustainable development of the industry, has important theoretical significance and practical significance: on the one hand, the legal theory about domestic workers in China is not perfect, both in passed laws and regulations and perfect the legal department needs strong theoretical basis for support, is also the protection of domestic workers;, on the other hand, from the point of view of judicial practice, the legal protection to domestic workers can only according to the rules of civil law, at present only a few of the provinces, municipalities directly under the central government’s local regulations and industry autonomy regulations, and, because of the lack of uniform standards, around the court’s understanding of the legal attribute of domestic workers are also different, this leads to local court decisions, cause the embarrassing situation in connection with different sentence. Over time, if you don’t have clear legal, especially labor law to protect the labor rights and interests of domestic workers will inevitably affect the judicial credibility, and thus affect the stability of social and economic order.The first part of this article to protect domestic workers rights and interests of labor law basic theory analysis, respectively introduce foreign law to define the meaning of domestic workers and our country current law, the legal definition of the meaning of domestic workers and thus put forward our country current law of domestic workers to define fuzzy. Analysis of domestic workers involved in legal relationship, mainly around the housekeeping is labor relations between workers and employers or employment relationship, the essence of comparative labor relationship and employment relationship, thus it is concluded that the difference of labor relationship and employment relationship in theory just name is different, there is no essential difference between them, and through the demonstration domestic workers have a properties and maintain domestic workers have properties of labor, determine the laborer status of domestic workers. Through elaborated the important function of domestic workers in social, put forward the necessity of protecting the domestic workers labor law. The second part, from the international convention, this article analyzed the experience of the protection of the rights and interests of domestic workers in developed countries, through the analysis on the international legislative principle, legislative trend of domestic workers protection, domestic workers rights and interests of labor law protections in the country. The third part, through the analysis of the legislation of our country now is insufficient, inadequate protection of the status quo, find out the problem of domestic workers rights and interests of labor law protection in our country, there are mainly domestic workers don’t have labor legal relationship main body qualifications, a package of "way of thinking is impractical, the lack of special problems such as the labor inspection system. Finally, aiming at the problems existing in the legislation in our country now, put forward my Suggestions to perfect administrative person rights and interests of labor law to protect national, through establishing principle of universality of human rights, the principle of non-discrimination, the basic principles of tilt protection principle of labor law protection to determine the status of domestic workers laborer, and formulate domestic workers special labour standards, build domestic workers labor inspection system, improving Suggestions and measures.