论家务劳动补偿制度在搭伴养老中的适用

On the Expanded Application of the Domestic Labor Compensation System in the Companion Elderly Care Relationship

搭伴养老关系中,弱势方往往以家务劳动换取强势方养老资源支持。当关系终止后,为保护弱势一方利益,应将《民法典》第1088条规定离婚家务劳动补偿制度扩大适用至搭伴养老关系。对家务劳动价值予以肯定符合正当性与可行性的要求。鉴于搭伴养老关系相较于婚姻关系的特殊性,应扩大第1088条的适用,并明确可用于补偿的责任财产范围,在补偿数额上需考虑双方搭伴养老前的生活水平及搭伴持续时间、所获利益及经济状况等因素,综合替代成本、适当生活水平维系等现行补偿标准,并参考当地家政服务者的平均工资水平确定。

In a partnering relationship,the weaker party often exchanges domestic work for the support of the stronger party's retirement resources.In order to protect the interests of the weaker party after the termination of the relationship,the system of compensation for divorced domestic labor as stipulated in Article 1088 of the Civil Code should be extended to the partner relationship.Recognizing the value of domestic work meets the requirements of legitimacy and feasibility.In view of the special characteristics of the partnership relationship compared to the marriage relationship,it is necessary to expand the application of Article 1088,and should clarify the scope of the liability property that can be used to compensate for the amount of compensation to take into account the standard of living of the two parties before partnering the elderly and the duration of the partnership,the benefits and economic situation and other factors,and to comprehensively replace the cost of the current standard of compensation for the appropriate standard of living,and reference to the average wage level of the local domestic service providers.The average wage level of local domestic helpers is also taken into account.