(Adopted at the sixth Meeting of the Standing Committee of the Third Shenzhen Municipal People's Congress on March 22, 2001.)
ChapterⅠ General Provisions
Article 1 order to promote the development of domestic service in the Shenzhen Special Economic Zone (hereinafter referred to as the special zone), meet the demand of the socialization of housework, standardize the operational behavior of domestic service and protect the legal rights and interests of consumers,, domestic service attendants and domestic service operators , these regulations are hereby formulated in accordance with the basic principles of relevant laws and administrative regulations .
Article 2 These regulations shall be applicable to the operation and management of domestic service.
The term of "domestic service" mentioned in these regulations refers to the paid service which is provided to families and involves family affairs, including family nanny, home cleaning, home care, tutor and other paid domestic service activities.
Article 3 The competent administrative departments of domestic service of the municipal people’s government and district people’s governments（hereinafter referred to as the municipal and district governments) shall conduct unitary direction, supervision and administration to the industry of domestic service in accordance with the law.
The administrative departments of labor, industry and commerce, price, civil affairs, public safety and education of the municipal and district governments shall conduct the supervision and administration of the industry of domestic service according to their respective duties.
Article 4 It is encouraged by the government that enterprises and persons invest in domestic service, support its development and promote the coordinated development of domestic service and community service.
Article 5 Every domestic service operator shall abide by the principle of attaching equal importance to social benefit and economic benefit.
All parties of domestic service shall follow the principles of voluntariness, equality, honesty, credibility, security and convenience.
Chapter II Domestic Service Operator
Article 6 The term of "domestic service operator" (hereinafter referred to as the operator) mentioned in these regulations refers to the enterprise which mainly operates domestic service, is registered at the industrial and commercial administration according to law, signs labor contracts with domestic service attendants and pays the social insurance premium for them.
Operator may register as a single-invested enterprise, partnership enterprise, limited liability company or joint stock company.
Article7 Operator shall sign a written labor contract with every domestic service attendant (hereafter referred to as the attendant) in accordance with the law, make agreement on the amount of payment and the way to pay in the contract and pay social insurance premium for them.
Article8 Operator shall establish serving relationship with every domestic service consumer (hereinafter referred to as the consumer) directly, and appoint an attendant to provide service to him.
Operator shall sign a domestic service contract with every consumer. The domestic service contract shall generally be concluded in written form. If the operator offers disposable or temporary domestic service to a consumer, the contract may be concluded by telephone, network or another form agreed by both parties.
Article 9 A domestic service contract shall generally include the following contents:
(1) the titles, names and addresses of the operator and consumer;
(2) the services to be provided;
(3) the requirements of attendant;
(4) the place, form and time limit for providing services;
(5) the charge of services and form of payment;
(6) other matters agreed.
Article 10 No operator may hire any one of the following persons to do domestic service work:
(1) a person under the age of 16;
(2) a person failing to provide a lawful and valid proof of his identity;
(3) a person not suitable to do domestic service work because of having infectious disease, mental disease, or another disease.
Article 11 Operator shall train his attendants on basic service skills, psychological quality, law, safety and hygiene, before they going on sentry.
Operator shall establish a recording system about his attendants’ working history and received assessments.
Article 12 Operator shall know the working conditions of his attendants, accept the complaints of consumers or attendants, and coordinate the relations between attendants and consumers.
When an operator gets to know the working conditions of his attendants, he can not bring disturbance to any consumer or infringe upon the consumer’s privacy.
Article 13 If a consumer commits any one of the following activities, the operator may relieve the domestic service contract:
(1) failing to pay for the service provided and refusing to pay within a reasonable period after being pressed for payment;
(2) colluding with the attendant with bad faith and damaging the legal rights and interests of the operator;
(3) committing the activity stipulated in the provisions of Item 3, 4 or6 of Article 19 of these regulations;
(4) committing the activity stipulated in the provisions of Item 1, 2 or 5 of Article 19 of these regulations, and refusing to make correction;
(5) another activity leading to dissolution which is agreed by the parties or stipulated by law or regulations.
Article 14 Operators may establish a society of domestic service according to law, and open operation according to law, regulations and the articles of society.
Chapter III Domestic Service Attendant
Article 15 Attendant shall provide the true certification materials about his identity, education background and qualification, and other relevant materials to the operator. No operator may detain the original copy of the attendant’s certification of identity, education background or qualification.
Article 16 Attendant is entitled to make a written labor contract with the operator, and shall enjoy the labor rights endowed by law and regulations.
Attendant is entitled to know the clauses of the domestic service contract, and request for enjoying the treatments and payment agreed in the labor contract and domestic service contract. If an operator or consumer wants to change a clause of the domestic service contract, or if a consumer asks for service not agreed in the domestic service contract, he shall get consent from the attendant.
Article 17 Attendant shall fulfill his duties stipulated in the labor contract, comply with the rules and regulations made by the operator according to law, and abide by the professional norms.
Article 18 Attendant shall fulfill the following obligation when providing services:
(1) providing services as agreed in the contract;
(2) fulfilling the duties promised in the contract;
(3) showing respect to the consumer’s lifestyle, and keeping the consumer’s privacy as secret; and
(4) not committing any activity infringing upon the lawful rights and interests of the consumer.
Article 19 If a consumer commits any one of the following activities, the attendant may refuse to continue providing services:
(1) failing to provide the working conditions as promised in the contract;
(2) forcing the attendant to provide service not agreed in the domestic service contract;
(3) mistreating the attendant;
(4) seriously damaging the attendant’s human dignity;
(5) requiring the attendant to do the work that may damage him;
(6) requiring the attendant to do illegal activity.
Chapter IV Domestic Service Consumer
Article 20 Consumer is entitled to require the operator to appoint an attendant for providing services as agreed in the contract.
Consumer is entitled to require the operator to provide the true materials about the appointed attendant’s personal information, such as the education background, professional skills, relevant working experiences, health condition and morality.
Article 21 If an operator commits any one of the following activities, the consumer may relieve the domestic service contract:
(1) concluding the contract with fraud which may cause serious harm to the consumer;
(2) failing to fulfill an obligation agreed in the contract and refusing to fulfill it within a reasonable period after being pressed for the fulfillment; ,
(3) another activity leading to dissolution which is agreed by both parties or stipulated by law or regulations.
Article 22 If an attendant is under any one of the following circumstances, the consumer may require the operator to replace the attendant：
(1) the attendant failing to satisfy the requirement to take the job which is agreed in the contract, or is stipulated by these regulations, other relevant law or regulations;
(2) the attendant failing to fulfill an obligation stipulated in the provisions of Article 18 of these regulations;
(3) the attendant committing a seriously illegal activity.
If the operator refuses to replace the attendant, or the new attendant is under any one of the circumstances provided in the preceding paragraph, the consumer can dissolve the contract:
Article 23 Consumer shall pay to the operator for the service as agreed in the contract, and may not infringe upon the operator’s legal rights and interests.
Article 24 Consumer shall safeguard the attendant’s legal rights and interests, and may not commit any activity stipulated in the provisions of Article 19 of these regulations.
Chapter V Legal Liabilities
Article 25 The dispute between a consumer and an operator about the consumer’s rights and interests shall be solved according to the provisions of laws and regulations on protecting consumers’ rights and interests.
Article 26 The labor dispute between an attendant and an operator shall be solved according to the provisions of laws and regulations on labor or social insurance.
Article 27 If an operator commits any activity stipulated in the provisions of Article 21of these regulations, the consumer may require him to undertake the responsibility of breach of contract or compensating for his loss according to law .
If the lawful right or interest of a consumer is damaged by the operator’s activity with fraud or bad faith, he may require the operator to compensate twice of his actual loss.
Article 28 If an attendant is under any circumstance stipulated in the first subparagraph of Article 22 of these regulations, the consumer may require the operator to undertake the responsibility of breach of contract or compensating for his loss according to law .
Article 29 If a consumer commits any activity stipulated in the provisions of Article 13 of these regulations, The operator may require the consumer to undertake the responsibility of breach of contract or compensating for his loss according to law .
Article 30
Article 31 If an attendant causes damage to the lawful rights or interests of the operator
Article 32 Anyone who in violation of the provisions of Article 6 of these regulations, failing to register in accordance with the law, or engaging in domestic service operation without approval, shall be imposed penalty by the administrative department of industry and commerce according to law, and shall bear the liability of compensation according to law if he causes damage to a consumer or an attendant.
Chapter VI Supplementary Provisions
Article 33 Any unit, other than an enterprise, which is run by the local people which engages in the industry of domestic service shall register at the administrative department of civil administration according to law, and abide by the relevant provisions of these regulations.
Article 34
Article 35 These regulations shall go into effect as of June 1, 2001.
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