Insufficient effective supply of housekeeping services, low satisfaction of the masses, appealed by representatives of the National People’s Congress

Formulate a special law to promote the quality and expansion of the domestic service industry

□ Our reporter Pu Xiaolei

  □ Hu Huixin, an intern of our newspaper

  At 9:30 am on July 23, Li Xiu brought a full set of cleaning tools to the Shuguangli community in Chaoyang District, Beijing. It took two hours to clean the user's home.

  "Last time they asked me to do cleaning through the platform, and then they felt that the effect was good, so they added WeChat. In our business, we have to be careful and serious so that business will be good. Many people who ask me to do cleaning are repeat customers." Li Xiu said.

  Statistics show that Li Xiu's domestic service industry employs more than 30 million people.

In recent years, our country's political service industry has developed rapidly, with the potential to become a trillion-level industry, and its development prospects are promising.

However, in the process of development, the domestic service industry still has problems such as insufficient effective supply, irregular development of the industry, and low satisfaction among the people.

  In order to speed up the shortcomings of the domestic service industry, Shanghai, Wenzhou, Zhejiang and other places have specifically enacted legislation to clearly stipulate the responsibilities and legal responsibilities of domestic service agencies, domestic service personnel, government departments, etc.

  Fang Yan, deputy to the National People’s Congress and vice chairman of the Shaanxi Lawyers Association, pointed out in a recent interview with a reporter from the Rule of Law Daily that the domestic service industry is an important industry closely related to residents’ family life. The quality of life of residents and the promotion of economic growth are of great significance.

However, for a long time, there have been many contradictions accumulated in the field of government services in our country, and the people have responded strongly to this. Although local laws and regulations have certain effects, they also have limitations. It is urgent to formulate a domestic service management law, strengthen top-level design, and improve the legal system. .

Industry gap is huge, service quality is not high

  Zhang Lanfang, who lives in Nanjing, Jiangsu, has a deep understanding of the boom in the housekeeping service market.

  "Two years ago, when my daughter-in-law was just pregnant, I started to book a confinement and a nanny. It was early enough? But in this way, I still couldn't make an appointment with the'gold confinement confinement'." Zhang Lanfang said.

  Zhang Lanfang’s distress is something that many people have experienced.

Earlier, in the quarterly shortage occupation rankings released by the Ministry of Human Resources and Social Security, domestic helpers appeared in the top 10 on the list many times, and there was a large demand for talents.

Statistics show that the current shortage of political professionals in our country is as high as 30 million.

  The prominent problem of the contradiction between supply and demand in our country's political service industry is reflected in the lack of supply on the one hand, and low quality on the other.

According to investigations by relevant departments, 90% of domestic helpers are migrant women, and 60% of them have education below junior high school.

Among those surveyed, 17% “never participated in training”, 63% “only received one training”, and the rate of employees holding certificates was less than 10%.

Some do not even have a health certificate or professional training. Taking care of the young and old is based on personal experience.

  Fang Yan pointed out that due to the high labor intensity of domestic service work and occupational prejudice arising from the concept of employment, not many urban unemployed youth and young urban migrant workers are willing to engage in domestic service work, resulting in an older age and poor quality of domestic service workers. High, supply is difficult to meet demand.

  “Some domestic service staff lack professionalism at work, and even abuse the elderly and children, steal employers’ money and other criminal activities. These problems appear on the surface because of lack of integrity and quality of domestic service staff, but the deep level is still due to the housekeeping company. The management system of the Hejiazheng platform is not perfect and the employment process is not standardized.” Fang Yan said.

  Su Haopeng, a professor at the University of International Business and Economics School of Law, pointed out that in recent years, in the face of huge market demand, a large number of businesses have poured into the housekeeping service industry. However, low registration costs and simple procedures have made the entry barriers for the housekeeping service industry more difficult. It is very low, which directly leads to the uneven professional level and management level of domestic service companies. Not only can it not ensure the quality of domestic workers, it is also difficult to protect the rights and interests of domestic workers.

The lack of relevant laws restricts the development of the industry

  In Fang Yan's view, one of the many problems in the domestic service industry is the lack of relevant laws.

  Fang Yan pointed out that at present, my country has no relevant laws on the domestic service industry, only the "Interim Measures for the Administration of the Household Service Industry" departmental regulations.

The regulations came into effect on February 1, 2013, and it has been nearly 10 years since, whether in terms of legal hierarchy or content limitations and lag, they have restricted the rapid development of the domestic service industry to a certain extent.

  In recent years, in order to make up for the shortcomings in the development of the domestic service industry, relevant systems have been continuously improved.

  The General Office of the State Council issued the "Opinions on Promoting the Quality and Capacity Expansion of the Domestic Service Industry" (hereinafter referred to as the "Opinions"), and the National Development and Reform Commission and other five departments issued the "Notice on Carrying out the Pilot Work for the Quality and Capacity Expansion of the Domestic Service Industry" 》, to establish an inter-ministerial joint meeting system led by the National Development and Reform Commission and the Ministry of Commerce to promote the quality and expansion of the domestic service industry... In recent years, in order to promote the quality and expansion of the domestic service industry, the relevant top-level design has been continuously improved.

  At the same time, some localities have also formulated family service regulations to standardize housekeeping service activities, safeguard the legitimate rights and interests of all parties involved in housekeeping services, and promote the healthy development of the housekeeping service industry.

  For example, for housekeeping service agencies, the Shanghai Municipal Housekeeping Service Regulations that came into effect on May 1, 2020 stipulate that if a housekeeping service agency recruits housekeeping service personnel, or intervenes for housekeeping service personnel, they should check their ID cards and skills. Certificates, health certificates, etc., to understand their working experience and willingness to serve.

The "Wenzhou Housekeeping Service Regulations", which will be implemented on August 1 this year, stipulate that employee-based housekeeping service agencies shall conclude labor contracts with the recruited housekeeping service personnel in accordance with the law and pay social insurance premiums.

  Fang Yan believes that the housekeeping service regulations formulated by Shanghai, Wenzhou and other places play a positive role in regulating the local housekeeping service market and promoting the development of the housekeeping service industry. "However, in the absence of upper-level laws, local regulations have certain limitations. It is impossible to guide the sustainable development of the national government service industry, and it is more likely that different local regulations will affect the mobility of domestic service personnel."

Clarify entry barriers and strengthen dynamic management

  The "Opinions" propose to establish and improve domestic service laws and regulations.

Strengthen legislation research on domestic service industry.

Give full play to the role of housekeeping industry associations and formulate and improve industry standards.

All localities shall formulate or revise and improve laws, regulations, normative documents and standards in the field of housekeeping services.

  Liu Junhai, director of the Institute of Commercial Law of Renmin University of China, believes that the legislative requirements set forth in the "Opinions" are a fundamental way to promote the sustainable development of the domestic service industry.

It is recommended that on the basis of summarizing local legislative experience, legislation should be carried out at the national level, so as to solve the problems of "unreliable" and "difficult rights protection" of domestic workers.

  "The housekeeping service management law should be formulated as soon as possible to promote the healthy development of the housekeeping service industry, protect the rights and interests of consumers and housekeeping service personnel, and provide a legal basis for industry supervision." Fang Yan said.

  Fang Yan suggested that the legal status of housekeeping service personnel should be clarified, and the relationship between housekeeping service agencies, housekeeping service personnel and consumers should be straightened out.

For enterprises and domestic service personnel engaged in housekeeping services, management should be strengthened, certain access thresholds should be clarified, and a dynamic management system should be set up.

At the same time, it is necessary to clarify the administrative authority of the housekeeping service industry and give it the power to enforce the law, so that the relevant administrative agencies have a clear division of labor, tacit cooperation, and supervision in place, so as to change the current situation of unclear powers and responsibilities of the administrative departments.

Clarify the responsibilities and tasks of industry associations, and strengthen the management service responsibilities and self-discipline requirements of domestic service agencies.

  Cartography/Li Xiaojun