Most domestic institutions do not sign labor contracts with employees, and acquaintances only verbally agree on related matters.
Investigation on the current situation of labor rights and interests protection of domestic service personnel
With the improvement of people’s living standards, more and more families choose to hire nannies and caregivers, especially in the context of the implementation of the comprehensive two-child policy and the deepening trend of aging, the domestic service market is growing. However, with the increasing number of domestic service employees, the protection of domestic workers’ labor rights and interests has become increasingly prominent.
Recently, the second China (Guangzhou) Family Service Industry Roundtable was held. The conference released the first data report of China domestic industry "led by government departments and combined with Industry-University-Research". According to the report, the data shows that the expenditure on domestic service has been increasing in double digits since this year, and there is a strong demand for maternal and child care, family education and nursing care. Domestic service is still mainly introduced by acquaintances, but more than half of domestic servants have not purchased relevant insurance.
At the same time, some media reported that many domestic workers said that they did not sign relevant contracts or agreements with domestic agencies or employers during their domestic service, especially when the employers were introduced by acquaintances.
What problems do domestic workers face in the protection of labor rights and interests without purchasing relevant insurance and signing contracts or agreements? The "Legal Daily" reporter investigated this.
Intermediaries do not sign contracts with domestic workers.
In May this year, Yang Ting came to Beijing from her hometown of Qingdao, Shandong Province. After being introduced by the villagers, she went to a housekeeping company for training.
"A housekeeping company, in fact, that is an intermediary. After a few days of training, the company registered me. When there is a job, they will release information and apply if I think it is appropriate. " Yang Ting said.
Yang Ting told reporters that she had applied for a job in Yueyue. After seeing the employment information released by the intermediary, she felt that the workplace was close to the place where she rented, so she decided to go for an interview.
"After the interview, the other party thinks that I am more suitable, and then the price is negotiated, and this matter can basically be settled." Yang Ting said.
Yang Ting told reporters that after the interview and negotiation with the employer, the intermediary will prepare an agreement, which will be signed by the intermediary, the employer and herself.
"It is to sign such an agreement, and the company will draw a certain commission from my first month’s salary as an intermediary fee, and then there will be nothing for the company." Yang Ting said.
Do you sign labor contracts or other agreements with domestic companies? "There is nothing else. When it is finished at an employer’s house, an agreement will be re-signed when the new employer is replaced. There is nothing else. " Yang Ting said.
Domestic companies are more willing to introduce new people.
In order to learn more about the domestic industry, the reporter of Legal Daily contacted Wang Min, a domestic worker.
Wang Min is from Cangzhou, Hebei Province and currently lives in Changping, Beijing. "I have been in this business for 10 years. I used to work in the property and later worked as a housekeeper." Wang Min said.
According to Wang Min, none of the domestic companies and intermediaries she worked for signed labor contracts. "I do cleaning, and after the company introduces the work, I will sign a contract or agreement with the company and the employer, and the time can be managed for one year. The first month’s salary is given to the company, and they will deduct 20% before giving it to me. In the second month, the employer will give me money directly. "
Wang Min told reporters that during this year, if the employer doesn’t need her, the company will arrange another job for her and will not charge extra money.
"I also worked in a leather bag company. Such a leather bag company contracts the work of the property and then recruits from the society. We will go to any household arranged by the company, and we will be paid monthly. Such a leather bag company will not sign any agreement. " Wang Min said.
As a matter of fact, the rights and interests of domestic workers can not be guaranteed when only a tripartite agreement is signed. During 10 years of working experience in domestic service, Wang Min has met several "unreasonable" domestic companies.
According to Wang Min, after signing the tripartite agreement of "managing for one year", she herself did not do it for one year several times.
"In this case, some companies will find me another one, but I have also met companies that have been slow to recommend new jobs." Wang Min said that after this happens, it will be a free introduction if the domestic company introduces it again. Generally speaking, companies will be more inclined to introduce jobs to "newcomers", so that companies can get 20% commission.
"The company usually makes me wait, but I just don’t want to find it. I am too lazy to find them. It is better to find another intermediary to earn some money when I have this time. " Wang Min said.
According to Wang Min, in the past 10 years, she has been wandering between many domestic companies and intermediaries in this way, and she will go if there is a suitable job. If there is a breach of contract and she doesn’t continue to introduce the work, she will change to another domestic company or intermediary.
Tripartite agreement on online domestic service
In the interview, the reporter found that with the development of "internet plus", many people are used to calling domestic service on websites or apps.
The reporter downloaded a housekeeping App, which can provide a variety of common housekeeping services, such as hourly workers, nannies, household appliances cleaning and so on. The reporter invited a nanny through this housekeeping App. Later, when the reporter called the nanny through the contact information provided by the housekeeping App, he was told that he had found the wrong person. About an hour later, a man called and claimed to be from a housekeeping company, asking about the nanny just now.
During the chat, the man claimed to be the staff of the above-mentioned housekeeping App. After the reporter informed him of the relevant requirements, he said that he could arrange an interview with a nanny.
The reporter also asked about the relationship between the nanny who arranged the interview and the housekeeping App. The man said that the nanny is their company.
Did the nanny sign a contract with the company? The man said that the nanny had signed a contract with the company and was a staff member of the company, so you can rest assured.
However, the man then told reporters that the employer needs to sign a tripartite agreement with the housekeeping App and nanny.
Since the nanny has signed a contract with the company, the employer only needs to sign a contract with the company, so why sign a tripartite agreement? When the reporter asked questions, the staff was vague and then hung up.
Acquaintances will not sign any agreements.
In addition to the introduction through domestic companies or intermediaries, the introduction between acquaintances is also a common form for domestic service personnel to find job opportunities.
Will the introduction between acquaintances sign a labor contract or a labor agreement?
Ms. Liu, who lives in Shijingshan District, Beijing, recently invited a nanny to her mother through an acquaintance.
Ms. Liu told reporters that she was not at home at ordinary times, and her mother had difficulties in taking care of herself. So she invited a nanny from her hometown in Hebei under the introduction of her neighbors.
"I didn’t sign any agreement with the nanny, it was a verbal agreement. The nanny works alone, without a company or an intermediary, and is introduced by acquaintances. " Ms. Liu said.
Ms. Zhang, who lives in Fengtai District, Beijing, also invited a new moon under the introduction of acquaintances.
"We didn’t sign a contract or agreement with Yueyue, just verbally. At first, it was a month. Later, my mother came from other places to help take care of the children, so she let Yueyue leave and Yueyue didn’t say anything. " Ms. Zhang said.
(At the request of the interviewee, the domestic workers in this article are pseudonyms.)
(Cartography/Li Xiaojun reporter Du Xiao Zhang Xichen)