论我国劳动法律调整方式从一元化向多元化的转变——以家务服务员的劳动保护为视角

On Exchange the Ways of Labor Law Regulation:Unify or Multi-regulate —From the View of Protection of Labor Workers

家庭服务工作在当今经济和整个社会中具有非常重要的地位,但家务工作也是最不稳定、低报酬和没有保护的就业形式之一,家务服务员劳动权益保护被排除在劳动法律之外。改变当前家务服务员权益保护的脆弱状态,改善家务服务员的工作和生活条件,应当重新定位劳动法所调整的劳动关系的范围,构建多元的调整方式,制定专门的家务服务员劳动权益法。

Domestic work is one of the most important affairs in today＇s economy and the whole society.However,it is unfortunately one of the most unstable,lowest remunerative and protected job yet,for the rights of home worker are always excluded by labor law.By analyzing the disadvantage of legal regulations,academic argues and the ways of today＇s settlements,and by studying the contents and forms of some labor legislation to protect the workers,we should suggest that the best way to change the frailty of work and live conditions of domestic workers be as follows：re-orientating the extention of labor relation which can not be barely limited in industry relation;building multi-mode of regulation and setting down special act which can be named The Rights and Interests of Domestic Workers.