Article 2 of the "Labor Law" stipulates: "This law shall apply to enterprises, individual economic organizations and workers who have labor relations with them within the territory of the People's Republic of China." Is this possible? Do you understand that the Labor Law also applies to anyone who has a labor relationship with the employer, even if there is no labor contract? For example: A nanny generally does not have a labor contract with the employer, but has formed a de facto labor relationship. Should the "Labor Law" or other regulations apply to him? Is the labor contract relationship the same as the labor relationship? Thanks! Answered by: Member of the Community Advisory Group Duke Domestic Services There are three main types of employment relationships: First, the family hires the nanny directly, and the nanny forms an employment-labor relationship with the nanny regardless of whether there is a contract; second, the nanny signs a labor contract with the domestic service company as an employee of the company Employees accept their training and management, pay management fees to the company, and the company and individuals pay social insurance fees in accordance with the law. At the same time, the housekeeping company signs a service contract with the families receiving services and sends employees to provide labor services to customers; the third type is families A nanny is hired through a domestic agency service company or other labor agency. After the nanny and the family concerned pay a certain fee to the agency as agreed, an employment-labor relationship is formed. Due to the diversification of current labor and employment methods, the subjects providing housework are no longer limited to individual nannies, but may be enterprises that provide labor contracting and labor leasing. Different methods and channels form a diversified domestic market with various labor and labor relations. For these three types, the second is labor relations, and the other two are labor relations.

But in fact, it is impossible to generalize whether it is a labor relationship or a labor relationship. At present, this is still a blind spot in the law. In the past, it was generally referred to as a labor relationship. In arbitration, a case-by-case review system was also adopted, that is, as long as it meets the conditions of a labor relationship, it is a labor relationship. , otherwise it is a labor relationship!

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