The combination of the realistic demand of urban families to raise children and provide for the aged and the employment demand of rural migrant workers will inevitably lead to the continuous growth of the market deman...The combination of the realistic demand of urban families to raise children and provide for the aged and the employment demand of rural migrant workers will inevitably lead to the continuous growth of the market demand for household care services.The determination of the tripartite legal relationship between household workers,household service agencies,and families(individuals)is an important issue for the normative development of the household service industry.In specific judicial practice,local courts perform differently in the determination of the relationship between“household workers and household service agencies.”The application of law in relevant cases also often swings between the civil law and the labor law.The Civil Code of the People’s Republic of China(hereinafter“the Civil Code”)does not retain the concept of“employment relationship”used in the original Interpretation of the Supreme People’s Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases.Then,what is the relationship between household workers,household service agencies,and families(individuals)after the Civil Code came into force?This article shows the judicial dilemma currently faced by the household workers in the protection of labor rights and interests through an empirical analysis of the victim liability disputes of household workers and puts forward countermeasures and suggestions for improving the occupational injury protection mechanism of household workers in China through a comparative study of the occupational injury risk sharing mechanism of household workers and an analysis of the local exploration of the occupational injury protection system of flexible employees in China.展开更多
基金one of the research results of the general project funded by the National Social Science Foundation of China,“Research on the protection mechanism of labor rights and interests of platform economy practitioners in China from a global perspective”(Project No.20BFX189)。
文摘The combination of the realistic demand of urban families to raise children and provide for the aged and the employment demand of rural migrant workers will inevitably lead to the continuous growth of the market demand for household care services.The determination of the tripartite legal relationship between household workers,household service agencies,and families(individuals)is an important issue for the normative development of the household service industry.In specific judicial practice,local courts perform differently in the determination of the relationship between“household workers and household service agencies.”The application of law in relevant cases also often swings between the civil law and the labor law.The Civil Code of the People’s Republic of China(hereinafter“the Civil Code”)does not retain the concept of“employment relationship”used in the original Interpretation of the Supreme People’s Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases.Then,what is the relationship between household workers,household service agencies,and families(individuals)after the Civil Code came into force?This article shows the judicial dilemma currently faced by the household workers in the protection of labor rights and interests through an empirical analysis of the victim liability disputes of household workers and puts forward countermeasures and suggestions for improving the occupational injury protection mechanism of household workers in China through a comparative study of the occupational injury risk sharing mechanism of household workers and an analysis of the local exploration of the occupational injury protection system of flexible employees in China.
