Determination of Relationships and Al ocation of Responsibilities——Taking the Adjudication of Household Service Contract Disputes as an Example

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.

My Way or High Way? New relationship of employer/employee and their respective ways of survival

Early in the gestation stage of the new labor contract law, the intensive debates sparked by worries and doubts prevailed, and the event of Huawei Group forcing their employees to re-apply for their jobs made this controversy reach fever pitch. When it came into effect on 1st January, 2008, confusions still bothered people of all sides: someone were on thorns about the increased cost and found wry ways to digest it, and someone were scramble to their rights and looked for shortcut to get it, etc. in particular, textile industry featuring labor-intensive will increase 20% on average in terms of cost, so how to cushion the blow and reverse adversity become prominent, what’s more, we should emancipate our mind to create profits rather than make ourselves balky with losses. Brand-building, technology application as well as expanding business abroad where with relatively cheap cost, etc, all of which can be utilized. In fact, launch of new labor contract law coupled with other polices home and aboard and materials cost increment lift the threshold of Chinese textile industry and rendered a new shuffling, so that the conception of "survival of the fittest" becomes the last straw we should grasp……