Regulations of Wenzhou Municipality on Domestic Service

Chapter I General Provisions Article 1 In order to regulate domestic service activities, safeguard the legitimate rights and interests of all domestic service parties and promote the upgrading and development of domestic service industry, these Regulations are formulated in accordance with relevant laws and regulations and combined with the actual situation of this Municipality. Article 2 These Regulations shall apply to domestic service and related activities within the administrative area of this Municipality.

The term "domestic service" as mentioned in these Regulations refers to the activities of providing care, cleaning, cooking and other services in the residence of family members or their designated places to meet the daily needs of families. Article 3 The people's governments of cities and counties (cities, districts) shall strengthen their leadership over the management of the domestic service industry, incorporate the domestic service industry into the national economic and social development plan, establish and improve the departmental coordination mechanism and fund guarantee mechanism, and promote the high-quality development of the domestic service industry. Article 4 The human resources and social security departments of cities and counties (cities, districts) shall be responsible for the management and promotion of domestic service industry within their respective administrative areas.

Development and reform, commerce, education, science and technology, public security, civil affairs, finance, natural resources and planning, housing and urban construction, health, market supervision and management, medical insurance, big data development management and other departments shall, according to their respective responsibilities, do a good job in the management and promotion of the domestic service industry.

Trade unions, the Communist Youth League, women's federations, disabled persons' federations, the Red Cross and other organizations help promote the development of domestic service industry. Fifth support the development of domestic service industry organizations, and encourage domestic service institutions and employees to join domestic service industry organizations.

Domestic service industry organizations should establish a mediation mechanism for domestic service disputes, strengthen industry self-discipline, cooperate with relevant departments to carry out industry supervision, and guide domestic service institutions and employees to improve service quality. Encourage domestic service industry organizations to formulate industry service specification guidelines and service price guidelines. Chapter II Standardized Services Article 6 The term "domestic service agencies" as mentioned in these Regulations refers to legal persons, unincorporated organizations and individual industrial and commercial households established according to law and engaged in dispatching and introducing domestic service personnel, including employee-based domestic service agencies and domestic service intermediaries.

Domestic service institutions shall publicize relevant licenses in a prominent position in the business premises, and disclose information such as service items, charging standards, complaint supervision telephone numbers, etc.

Where a domestic service institution conducts business activities through the information network, it shall continuously publicize the relevant license information or the link logo of the license information in a prominent position on its homepage. If the published license information changes, it shall be updated in time. Article 7 An employee-based domestic service institution shall conclude a labor contract with the employed domestic service personnel according to law and pay social insurance premiums.

If the hired domestic service personnel do not meet the conditions for concluding a labor contract, the employee-based domestic service institution shall conclude a service agreement with them, and the domestic service personnel may voluntarily participate in social insurance in accordance with the regulations. Eighth domestic service institutions shall sign domestic service contracts or intermediary contracts with domestic service consumers according to law.

If domestic service personnel and domestic service consumers reach an agreement through domestic service intermediaries, they shall conclude a domestic service contract according to law; If an agreement is reached by other means, domestic service contracts are encouraged to be concluded in writing.

The municipal human resources and social security department organized the formulation and publication of the model text of the domestic service contract. Encourage the use of model texts to sign domestic service contracts. Article 9 A domestic service institution shall perform the following obligations:

(a) to verify the identity information of domestic service personnel;

(two) in accordance with the provisions of the domestic service management platform to enter the identity information, health status, experience, service skills and other information of domestic service personnel;

(three) truthfully inform domestic service consumers and domestic service personnel about domestic service information;

(four) to accept and coordinate the complaints of domestic service consumers and domestic service personnel;

(5) Other obligations stipulated by laws and regulations.

The employee-based domestic service institution shall establish the working files of domestic service personnel; Establish a tracking management system for domestic service quality; Organize domestic service personnel to participate in physical examination regularly and bear the expenses. Encourage the development of psychological screening and counseling for domestic service personnel. Article 10 The working files established by domestic service agencies for domestic service personnel shall include the following contents:

(1) Personal identity information;

(2) Work experience, vocational education and vocational skills information;

(three) health certificate, physical examination conclusion query results information;

(four) the information provided by the domestic service personnel about whether I have a criminal record and credit information;

(5) Labor contracts, service agreements, domestic service contracts, intermediary contracts, etc.

(six) domestic service evaluation, service disputes and their handling;

(seven) to participate in domestic service related insurance and claims information;

(eight) other information required for the establishment of working files.

The relevant units shall provide convenience for verifying the information of domestic service personnel according to law. Eleventh domestic service agencies shall have the following acts:

(a) to assign or introduce domestic service personnel who do not hold valid identity documents to engage in domestic service;

(two) to assign or introduce domestic service personnel to domestic service consumers who do not hold valid identity certificates;

(3) Assigning or introducing domestic service personnel who fail to participate in the medical examination or fail to pass the medical examination as required to engage in domestic service;

(four) other acts in violation of laws and regulations.