家庭保姆的法律问题分析

Analysis of Housemaids' Legal Problems

家庭直接雇佣保姆和其构成劳务合同关系,保姆在提供服务的过程中造成他人损害的,由雇佣家庭承担相应的赔偿责任,保姆有过错的雇佣家庭可以向其追偿。从家政公司雇佣保姆的,保姆和家政公司是劳动关系,保姆和雇佣家庭是劳务关系。提供保姆服务过程中造成他人损害的,仍然先由雇佣家庭承担赔偿责任,家政公司在过错范围内承担相应的补充赔偿责任。

When a family directly employes a housemaid,they form the labor contract relationship.If the housemsid causes damages to others in the service process,the hiring family should assume corresponding responsibility for compensation.But if the housemaid has faults,the employer has the right to recover the housemaid.However,if the family hires the domestic helper by the domestic companies,the reletionship between the housemaid and domestic companies is employment relation;the reletionship between the housemaid and the hiring family is labor relations.If the housemaid causes damage to others in the service process,the hiring family still assumes liability to pay compensation at first,and the domestic companies should bear the corresponding supplementary liability in fault range as well.