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家务工的权益保护越来越受到国际社会的重视。随着经济的发展,家务工职业在我国发展迅猛,但已有的劳动法律及民事法律无法为这个群体提供有效的法律保护,在实践中,其权益受到侵害而无法得到有效的法律救济,从而导致该领域存在的问题越来越突出,对家庭和社会生活的有序发展产生了负面效应。对家务工名称、来源类型及其与雇主的法律关系等需进行明确界定,我国立法机关可以在参照他国立法经验之基础上考虑制定专门法律来规制该领域的不明确的法律关系,或者通过在合同法中增加民事雇佣合同的方式为这种雇佣关系提供合同法的兜底保护。
The protection of the rights and interests of domestic workers has drawn more and more attention from the international community. With the development of economy, the career of domestic workers has been developing rapidly in our country. However, the existing labor law and civil law can not provide effective legal protection for this group. In practice, its rights and interests are infringed and can not get effective legal remedies. As a result, problems in this field have become more and more prominent, which has had a negative effect on the orderly development of family and social life. The name of the domestic worker, the type of the source and the legal relationship with the employer need to be clearly defined. The legislature of our country may consider formulating specific laws to regulate the ambiguous legal relationship in the field based on the experience of other countries' The addition of civil contracts of employment to the contract law provides the contractual protection of such employment.