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Theory on Defects and Improvements of Housekeeping Service Legislation of the Our Country

Author: ZhouZhao
Tutor: WangXia
School: Xiangtan University
Course: Economic Law
Keywords: housekeeping service industry housekeeper legal defect legal perfect
CLC: D920.0
Type: Master's thesis
Year: 2013
Downloads: 96
Quote: 0
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In recent years, the phenomenon that in order to resolve worries and focus onprofessional and social competitions, people’s employ of a person to manage familyaffairs, take care of the old and kids, chaperon and manage has become a trend of city life.The housekeep service industry has become the essential need of urban family life, and thegreat market demands push forward the rapid development of housekeep service. With thecontinuous development of our economy and the improvement of people’s life, thehousekeep service industry has become a rising industry with great potentials.In domestic service market, there are three kinds of domestic service models, namelyemployment system (friend-introduction), the mediation system and the staff system.Housekeeping service market in China possesses great development potential; however, italso has a lot of problems which are to the disadvantages of healthy and rapiddevelopment of domestic service market. The key to solve the problem is that there is no aformal law of housekeeping service, and the existing basis laws do not include domesticservice relationship. By analyzing China’s ‘constitution’,‘general principles of the civillaw’,‘labor law’,‘labor contract law’, other laws and regulations, and some local lawsand regulations, we find that some laws and regulation are far enough to solve the legalproblems existing in domestic service.Facing the legislative defects existing in the domestic service in China, there is noagreed domestic service legislation, and therefore it is difficult to adjust and regulate.Different models of domestic service have different subjects, among which form differentlegal relationships. However, because of lack of legislation, we did not legally qualify therelationship, and between so it is not clear about the legal responsibility among the parties.In judicial practice, there is no uniform legal dispute settlement mechanism; therefore,different courts get different results in dealing with the domestic service disputes, whichresult in unfairness phenomenon. In other words, domestic service is not protected by lawand therefore the rights given by law can’t be ensured to enjoy.Therefore, it is necessary to perfect relative legislations to cover deficiencies of thedomestic service in China. The most critical measure is to uniformly legislate. We canincorporate domestic service into the existing labor laws and regulations, adjust civil lawsand regulations, or make up special service law, which would have great significance onimproving housekeeping service and animating housekeeping services market. Throughthe perfection of legislation, we can have a clear relationship among all parties in the main body of law in three housekeeping service patterns. At the same time, it is time to legislateto regulate domestic service contract, standardizing and professionalizing domestic service.Then, employment system and mediation system cannot still meet the needs of existingdomestic service market. Hence, in order to vigorously develop the domestic service, it isnecessary to develop domestic service mode; in promoting domestic service model, thelabor rights of housekeeper should be paid attention to protect and embody this specialgroup. Finally, in improving the external environment, we should strengthen thedevelopment of domestic service industry. By perfecting domestic service industry group,we aims to supervise the domestic service market and manage the housekeeping service,further coordinate and safeguard the rights and interests among all parties.

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