Research On Employment Injury Insurance System Of Domestic Workers

As a new industry,domestic work benefits the employments of many people in our country,which improve the life quality of the employers' families and increase the income of domestic workers.Recent years,with many cases of personal injury disputes happening,the labor rights of domestic workers have been given much attention.However,at present,because of employment relationship between domestic workers and their employers,they can't be protected by the Labor Law,which further leads their rights lacking social insurance protection when personal injuries happens.No matter in the academic circle of civil law,or the circle of labor law,the relationship between employment relationship and labor relationship have been complex and difficult to find out,which leads to disputes among scholars.According to the study on different theories,and follow the trend of labor law,I reckon that employment relationship possesses the most basic features of labor relationship ——personality and property,as well as equality and dependence.But just because the history reasons,it was a kind of special labor relationship.Of course,there are some difference between them,but they just generated from revolutionary of law or human-made,and they are not intrinsic.As employment relationship belongs to labor relationship,the employment relationship between domestic workers and their employers should apply to Social Insurance Law and Regulation on Work-related Injury Insurance.Nowadays,domestic workers usually protect their rights through Tort Law,Contract Law or commercial insurance when they are injuried during the house-keeping work.These ways have their own shortcomings and cannot achieve ideal protection level and effect.Some cities in China have tried various models to deal with the work-related injuries.After comparing different models in differet areas,I suggest that all the domestic workers should be protected by our The Work-related Injuries Insurance System.If the domestic workers have worked for three days or 24 hours on end in one week(including exceeding these working hours)for the employers,the insurancefee should be afforded by employers.However,if the working hours in one week cannot achieve the criterion above,the fee will be afforded by the employers and domestic workers through certain proportion or depends on specific circumstances.Meantime,because of the specific charaters of domestic workers,I put forward some subsidiary measures in order to help domestic workers receiving better work-related injury insurance protection.