家政工法律属性研究

The Legal Nature of the Domestic Worker

传统观点认为,家政工与雇主形成雇佣关系,属于民法的调整范畴。近年来,学界对劳动关系的研究日益深入,传统观点受到挑战,但对家政工与雇主的法律关系属性尚未达成新的共识。家政工与雇主的法律关系在主体及性质上与劳动法律关系有很大不同,是典型的雇佣关系,但有逐步纳入劳动法保护的趋势。

Domestic work is a traditional vocation and the domestic workers have been ignored in history. Traditionally it is believed that the domestic worker and the employer make an employment relation and hence is in the domain of civil law. Recently, the tradi- tional idea is challenged but there is still no agreement on the legal nature of this relation. This relation is very different from that in the domain of labor. It is a typical relation of, em- ployment. There is a trend to include it in the labor law system.