There are two situations.
First, domestic companies only play the role of intermediary companies and collect intermediary fees from them. The job content and salary of domestic workers are determined by both the domestic workers and the employers themselves through consultation. The employers directly pay the salaries to the domestic workers, and the domestic companies do not conduct daily management of the domestic workers. In this case, there is no labor relationship between domestic workers and domestic companies.
Second, domestic workers are sent by domestic companies to serve their employers. Their job content and salary are determined through consultation between domestic companies and employers, and paid by domestic companies. Domestic workers have no direct relationship with their employers. In this case, domestic workers belong to employees of domestic companies and have labor relations with them.
According to Article 1 of the Notice on Matters Related to the Establishment of Labor Relations: "If the employer fails to conclude a written labor contract, but meets the following conditions at the same time, the labor relationship is established.
(a) the employer and the employee meet the subject qualifications stipulated by laws and regulations;
(2) Laborers accept the labor management of the employing unit and engage in paid labor arranged by the employing unit, and the labor rules and regulations formulated by the employing unit according to law shall apply;
(3) The labor provided by laborers is an integral part of the employer's business. "
Therefore, the establishment of labor relations refers to the rights and obligations of the employing unit that employs workers as its members, and the workers provide paid labor under the management of the employing unit. The internal relationship between employers and workers has been established, such as management and being managed, command and obedience. Workers not only work as employees of employers, but also work as part of employers' business.
Relevant laws and regulations
Labor Contract Law
Article 57 A labor dispatch unit shall meet the following conditions to start labor dispatch business:
(a) the registered capital of not less than 2 million yuan;
(2) Having a fixed business place and facilities suitable for conducting business;
(3) Having a labor dispatch management system that complies with the provisions of laws and administrative regulations;
(4) Other conditions stipulated by laws and administrative regulations.
Engaged in labor dispatch business, it shall apply to the labor administrative department for administrative license according to law; If it is approved, it shall go through the corresponding company registration according to law. Without permission, no unit or individual may engage in labor dispatch business.