Regulations of Shanghai Municipality on Domestic Service

Chapter I General Provisions Article 1 These Regulations are formulated according to the actual situation of this Municipality for the purpose of regulating domestic service activities, safeguarding the legitimate rights and interests of all parties involved in domestic service and promoting the healthy development of domestic service industry. Article 2 These Regulations shall apply to the development of domestic service activities within the administrative area of this Municipality, and the related work of promoting the development of domestic service industry and regulating domestic service activities.

The term "domestic service" as mentioned in these Regulations refers to the paid service activities that take the family as the service object, enter the residence of family members, and provide services such as cleaning, cooking and life care to meet the needs of family daily life. Article 3 Domestic service activities shall follow the principles of voluntariness, equality, honesty, trustworthiness, safety and convenience.

The management of domestic service industry should follow the principles of promoting the development of the industry, combining supervision with service and protecting the legitimate rights and interests of all parties equally. Article 4 The municipal and district people's governments shall incorporate the domestic service industry into the national economic and social development plan at the corresponding level, establish and improve the financial input guarantee mechanism, and formulate policies and measures to promote the development of the domestic service industry.

The city has established a coordination mechanism to promote the development of domestic service industry, make overall plans to promote the formulation of major policies for domestic service industry, and coordinate major issues in the development of domestic service industry. Article 5 The municipal and district commercial departments shall assume the management responsibilities of domestic service industry within their respective administrative areas, promote the development of domestic service industry, standardize domestic service activities, and guide domestic service organizations to carry out their work according to law.

City, district development and reform, finance, human resources and social security, planning resources, housing and urban and rural construction management, health, market supervision, housing management, civil affairs, education, public security, statistics and other departments shall, according to their respective responsibilities, do a good job in the management and promotion of domestic service. Sixth trade unions, the Communist Youth League, women's federations and other organizations should help promote the development of domestic service industry. Article 7 This Municipality supports the development of domestic service organizations and encourages domestic service institutions to join domestic service organizations.

Domestic service industry organizations should strengthen industry self-discipline and integrity construction, give full play to their guidance and service functions, cooperate with relevant departments to carry out industry supervision, guide domestic service institutions and domestic service personnel to improve service quality, and safeguard the legitimate rights and interests of domestic service institutions and domestic service personnel. Chapter II Institutions and Personnel Article 8 The domestic service institutions mentioned in these Regulations include employee-based domestic service institutions and domestic service intermediaries.

Domestic service institutions shall be established according to law, and publicize relevant licenses in their business premises, and disclose service information such as service items, charging standards, complaint supervision telephones, etc. Where business activities are carried out through information networks such as the Internet, relevant licensing information shall be continuously publicized in a prominent position on its website or the homepage of application software, and service information shall be disclosed in a timely, comprehensive, true and accurate manner.

If a domestic service agency recruits domestic service personnel, or introduces them through an intermediary agency, it shall examine its identity card, skill certificate, health certificate and other documents to understand its work experience and willingness to serve. Article 9 This Municipality encourages the development of employee-oriented domestic service institutions. Employee-based domestic service agencies sign domestic service contracts with users according to law.

Employee-based domestic service agencies sign labor contracts with domestic service personnel according to law, establish labor relations, and pay social insurance premiums for urban workers.

Domestic service personnel who have not signed a labor contract with an employee-based domestic service agency but signed a service agreement in accordance with the relevant provisions of the state may participate in social insurance for urban workers or social insurance for urban and rural residents in accordance with the relevant provisions of the state and this Municipality.

Staff-based domestic service institutions should strengthen the training and management of domestic service personnel, regularly carry out training in service skills, laws, professional ethics, safety and health, establish a service quality tracking system, and record the work experience and service evaluation of domestic service personnel. Tenth domestic service agencies can accept the entrustment of domestic service personnel or users to provide intermediary services for both parties.

Domestic service intermediaries should fully understand the needs of users and the basic situation of domestic service personnel, and may not deliberately conceal important facts related to the conclusion of domestic service contracts or provide false information. Eleventh users who employ domestic service personnel through domestic service agencies have the right to know the relevant information of domestic service agencies and domestic service personnel and consult relevant certificates; Require domestic service agencies or domestic service personnel to provide relevant services in accordance with the provisions of the domestic service contract and evaluate their services.

Users who directly employ domestic service personnel have the right to know the relevant information of domestic service personnel and consult relevant certificates; Domestic service personnel shall provide relevant services in accordance with the domestic service contract.

Encourage users to hire domestic service personnel through domestic service agencies. Twelfth users should pay the relevant fees in accordance with the agreement to provide necessary labor protection conditions for domestic service personnel; Respect the personality of domestic service personnel and truthfully introduce the family situation related to domestic service; If the user and his/her housemates suffer from infectious diseases or have other circumstances that may endanger the personal safety of domestic service personnel, they shall truthfully inform the domestic service personnel.

Users shall not have the following behaviors:

(a) abuse, insult, abuse, beating domestic service personnel;

(two) forcing domestic service personnel to provide domestic service outside the contract;

(three) forcing domestic service personnel to provide domestic service that may cause harm to their personal safety;

(four) other acts in violation of laws, regulations and public order and good customs.