《劳动合同法》对导游用工涉及的法律关系的影响

Influences of Labor Contract Law on the Legal Relations between Tourist Guides and Their Employers

本文通过对比分析《劳动合同法》颁布前后导游与旅行社、导游服务公司之间的法律关系,认为导游与旅行社或导游服务公司之间成立劳动关系,原先受民法调整的劳务关系将渐渐从导游执业中淡出,导游权益的保障会有一定程度的改善。

With a comparison of legal relations between tour guides and travel agencies or tour guide service companies before and after the implementation of Labor Contract law, the author believes that under Labor Contract law, there is a labor relation established between tour guides and travel agencies or tour guide service companies, so the service relations between them under civil code will fade out from tour industry, and that the rights and interests of tourist guides will be improved on a certain degree.