The Subject Qualification Of Labor Law On Personal Insurance Agent In China

Personal agent marketing system is introduced to China in 1992 by the American International Assurance Company. In the past twenty four years, personal agent channel has become the source for the rapid development of China's insurance industry.As a main part of insurance especially the life insurance industry, personal insurance agents have been playing a major role in the development of insurance industry. Although they have made great contributions to the development of the insurance industry of our country, but they are at a complete loss of position on the protection of labor rights, there is no security and welfare to them. The source of the problem is that the relationship between insurance company and personal insurance agent have conflicts and contradictions in the theory and reality. Legally, it is a principal-agent relationship between the personal insurance agents and insurance companies, not labor relations. But in reality, the principal-agent relationship is not specification, the insurance company manage them as its staffs, then forming a relationship of agent and mixed state of labor relationship. This two relationships exits in the association of personal insurance agent and insurance company. The mixed relationship makes insurance company manage the personal insurance agent as the management mode of labor, because of the agent contract is agency relationship, the insurance company also avoid their proportion of social security and labor welfare obligations.In order to ensure the benefit of the personal insurance agent, promote insurance developing healthily, the insurance agent institution must be reformed, and the legal status of personal insurance agent must be defined newly. Based on the current survival situation of personal insurance agent, theory with practice, this paper proposes and analyzes the awkward status, including unclear legal status and embarrassing social status, unequal employee management, unsound self-discipline function of industry. According to the actual situation of the insurance industry in our country and draw lessons from foreign advanced agent system, this paper gives personal insurance agent laborer legal status, and makes them have labor rights and obligation. Specific measures are taken to promote the well development of insurance industry, to guarantee the rights and interests of personal insurance agent, to improve the occupational and professional loyalty level of personal insurance agent, for instance, transform personal insurance agent to insurance company, insurance intermediary company and labor dispatching company or service outsourcing company for employees.