家政工权益保障实现的现实困境与路径选择

The Dilemma and Path of Realizing the Protection of Domestic Workers’ Rights and Interests

摘要: 改革开放以来，我国的家政服务业经历了从小到大、由点到面的发展过程。但是，家政服务业发展壮大的同时面临着家政工这一庞大的非典型就业人群的权益保障问题。家政工群体成为边缘化职业群体的原因是多方面的，最关键的在于家政工群体的权益保障无法可依。目前我国家政服务行业的从业模式呈现多样化、复杂化的特征，不同的用工模式下家政工的法律定位也有所不同。将劳动法直接面向所有家政工群体扩张适用无异于“削足适履”。通过比较法研究，可以为家政工群体构筑“三分体系”，以现有劳动法律体系为基础，对不同属性的家政工做出不同的权益保障规定。

Abstract: Since the reform and opening up, China’s domestic service industry has experienced a development process from small to large and from point to surface. However, the development of domestic service industry is confronted with the problem of protecting the rights of domestic political workers, a large group of atypical employed people. There are many reasons for domestic workers to become marginalized occupational groups. The most crucial one lies in the lack of laws for protecting the rights and interests of the domestic worker group. At present, the employment models of China’s domestic service industry show diverse and complex characteristics, and the legal positioning of domestic political workers is also different under different employment modes. Expanding the application of labor laws directly to all domestic workers is tantamount to “cutting the feet to fit the shoes”. Through the study of comparative law, we can build a “three-part system” for domestic workers, and make different rights and interests protection provisions for domestic workers with different attributes on the basis of the existing labor legal system.