Study On The Rights And Interests Of Part-time Tour Guides In China

The development of China's tourism industry has been contributing to the guide's contribution.As a city's business card,tour guides are the souls of tourism and the important undertakers of tourism services.They are also the messengers and bridges of communication between different ethnic cultures.With the rapid development of tourism,tourism disputes have also gradually increased.Tour guides have repeatedly become popular figures in tourism negative news.The reason is that the public is less concerned about the current status of the tour guides,and there are not many relevant laws and regulations,especially the legal rights protection of part-time tour guides.If there is no signing of a labor contract,there is no minimum guarantee of work.The lack of social security.In real life,the lack of strict enforcement of the law by the tourism regulatory authorities and the travel agencies disregard of malicious competition as stipulated by the law have led part-time tour guides to turn to shopping guides,forcing tourists to shop or participate in self-paid programs.The income of part-time tour guides rests on unfair purchase rebates and other improper actions.The interests of the tour guides have led to the work of the guides must not be based on the quality of service.All kinds of chaos in tourism have caused confusion in the tourist market,resulting in unsatisfied visitors and high complaint rates,which has affected the healthy and orderly development of tourism in China.On the surface,a part-time guide who induces and defrauds tourists to purchase or engage in self-paid programs in order to obtain high shopping rebates,is actually a part-time tour guide who bears the pressure and risks caused by travel agency “low price dumping”,and even some Part-time tour guides also have to withstand the pressure of coach drivers,and even bus drivers also want to “share a share”,otherwise they do not work with tourism services.In summary,the interests of many parties drove the part-time guides to survive in the cracks,and the final result must be at the expense of the interests of tourists.Part-time tour guides as a special group of tour guides,the problems of the protection of rights and interests have become obstacles to the development of thetourism industry.This protection issue cannot be ignored and it is imperative.This article examines the current status of this group from the perspective of the lack of legal rights and interests of part-time tour guides,and analyzes how to construct the legal rights and interests of part-time tour guides.Based on the current situation,it proposes some suggestions and measures to promote part-time work.The tour guide established labor relations,obtained legal income,relieved the worries of the part-time tour guides “insurance of old age,sickness and death”,increased their sense of professional honor,inspired their work enthusiasm and creativity,improved the quality of tourism services,and ultimately contributed to the promotion of China's tourism industry.The implementation of China's “Tourism Act” and the standardization of China's tourism market also have certain practical significance.This paper is divided into five parts for specific elaboration.The first part mainly introduces the research background,purpose and significance of this topic,and points out the importance and necessity of researching the protection of the legal rights of part-time tour guides.This issue is also studied and discussed in conjunction with domestic and international conditions,and the advantages and disadvantages of the current domestic and international status are analyzed.The second part is about the basic theory of the legal protection of part-time tour guides.Based on the definition of the concept of part-time tour guides and full-time tour guides,the author conducted an extensive survey of the survival conditions of tour guides in our province through questionnaires and interviews.It conducts empirical research on the reasons and necessity of part-time tour guides and their living conditions,analyzes the status and problems of their rights and interests guarantees,such as social security,labor contracts,and payment mechanisms,in order to provide a reference for the protection of the legitimate rights and interests of tour guides.The third part first sorts out the legal relationship between travel agencies and tour guide service companies.According to the status quo,we will analyze the relationship between part-time guides,travel agencies and tour guide servicecompanies,and the three-law relationship of some labor dispatch models.At present,part-time tour guides mainly register with tour guide service companies,receive tour guide permits,and are managed by tour guide service companies.The guide service company provides labor service intermediary services for part-time tour guides registered with the company.The tour guide service company has provided information for part-time tour guides and travel agencies,which has led to the establishment of employment and hiring relationships between the two.The fourth part elaborates the current problems in the system of the rights and interests of part-time tour guides in China,such as the inability of part-time tour guides to sign labor contracts,the absence of minimum working guarantee,the lack of social security,and the lack of professional honour and analysis of the causes of such problems.,Such as China's "Tourism Act" on the relevant provisions of the part-time tour guides imperfections and the lack of clear standards and basis for guide service costs,tourism regulatory agencies,lax enforcement,the legal status of the guide service company is vague,part-time guides themselves weak concept of the rule of law The legitimate rights and interests have been infringed and do not know how to protect themselves and have limited access to rights.The fifth part is about the legal conception of improving the system of the rights and interests of part-time tour guides in China.The author believes that by refining the rights and obligations of the tour guide service company,the legal responsibility of the tourism supervision department should be strengthened,and the penalties of the tourism operators should be increased to use labor services.The method of dispatch ensures the legal rights of part-time tour guide social security,labor contract and remuneration.