Regulations of Shanghai Municipality on Housekeeping Services

(December 19, 2019)

Chapter I General Provisions

Article 1 With a view to standardizing housekeeping service activities, safeguarding the legitimate rights and interests of all parties involved in housekeeping services, promoting the healthy development of the housekeeping service industry, these Regulations are formulated in accordance with the actual circumstances of this Municipality.

Article 2 These Regulations shall apply to the activities of housekeeping services within the administrative areas of this Municipality, as well as to related work of promoting the development of housekeeping service industry and standardizing the housekeeping service activities.

The housekeeping service as mentioned in these Regulations refers to the paid service activities that take the household as the service object, provide such services as cleaning, cooking, daily care inside the residence of the family members to meet the daily needs of the family.

Article 3 Housekeeping service activities shall conform to the principles of willingness and equality, honesty and trustworthiness, safety and convenience for the people. The administration of the housekeeping service industry shall follow the principles of promoting the development of the industry, combining supervision and service, and equally protecting the legitimate rights and interests of all parties.

Article 4 The municipal and district peoples governments shall incorporate the housekeeping service industry into the national economic and social development planning at its corresponding level, establish and improve the guarantee mechanism of financial investment, and formulate policies and measures to promote the development of the housekeeping service industry.

This Municipality establishes a coordination mechanism to promote the development of the housekeeping service industry, make overall plans for major policy formulation of the housekeeping service industry, and coordinate major issues in the development of this service industry.

Article 5 The municipal and district commercial departments shall assume the administrative duties of the housekeeping service industry within their respective administrative areas, promote the development of the housekeeping service industry, regulate its activities, and guide the industry organizations to carry out their work according to law.

The municipal and district departments of development and reform, finance, human resources, social security, planning and resources, housing and urban-rural construction management, public health, market supervision, housing management, civil affairs, education, public security, and statistics shall, in accordance with their respective functions and duties, do a good job in the administration and promotion of housekeeping services.

Article 6 Trade Union, Communist Youth League, Womens Federation and other agencies shall assist in the relevant work of promoting the development of the housekeeping service industry.

Article 7 This Municipality supports the development of housekeeping service industry organizations and encourages the agencies that provide housekeeping services to join in housekeeping service industry organizations.

Housekeeping service industry organizations shall strengthen the self-regulation and good faith construction in the industry, give play to the guidance and service functions of the industry, cooperate with relevant departments to carry out supervision, guide the housekeeping service agencies and their personnel to improve the service quality, and safeguard the legitimate rights and interests of the housekeeping service agencies and their personnel.

Chapter II Agency and Personnel

Article 8 The housekeeping service agencies mentioned in these Regulations include the service agencies that hire employees as well as the intermediary agencies.

Housekeeping service agencies shall be established in accordance with the law, shall publish the relevant certificates and licenses in their business sites, release the service items, charging rates, complaints and supervision telephones and other service information. Where business activities are carried out through the Internet or other information networks, the relevant information of license shall be publicized in a notable position on the home page of the website or application software in a sustainable way, and the service information shall be disclosed in a timely, comprehensive, true and accurate way.

Where a housekeeping service agency recruits employees or introduces them as an intermediary, it shall examine their identity card, skills authentication, health certification and other certificates to comprehend its working experience and service intention.

Article 9 This Municipality encourages the development of housekeeping service agencies that hire employees. Such housekeeping service agencies shall enter into the housekeeping service contract with customers according to law.

Such housekeeping service agencies shall sign labor contract lawfully with the housekeepers to establish labor relation, and pay social insurance premium for urban workers.

Where a housekeeper has not signed a labor contract with an employee-constituted housekeeping service agency, but has signed a service agreement in accordance with the relevant provisions of the State, he/she may participate in the social insurance for urban workers or the social insurance for urban and rural residents in accordance with the relevant provisions of the State and this Municipality.

Housekeeping service agencies shall strengthen the training and management of housekeepers, carry out regular training in service skills, laws and regulations, professional ethics, safety, health and other aspects, establish a tracking system for service quality, and record such items as their work experience and service evaluation.

Article 10 A housekeeping service intermediary agency may accept the entrustment of housekeeping service personnel or customers to provide intermediary services for both parties.

A housekeeping service intermediary agency shall fully understand the needs of customers and the basic profile of the housekeeping service personnel, and shall not intentionally conceal important facts related to the housekeeping service contract or provide false information.

Article 11 The customer who employs a housekeeper through a housekeeping service agency shall have the right to know the relevant information of the housekeeping service agency and housekeeper and examine the relevant certificates; he/she may request the housekeeping service agency or housekeeper to provide relevant services in accordance with the provisions of the housekeeping service contract and evaluate their services.

The customer who directly employs a housekeeper shall have the right to know his/her relevant information and examine the relevant certificates; he/she may request the housekeeper to provide relevant services in accordance with the provisions of the housekeeping service contract.

Customers are encouraged to employ housekeepers through housekeeping service agencies.

Article 12 The customer shall pay the relevant fees as agreed and provide the necessary labor protection conditions for the housekeeper. He/she shall respect the personality of housekeeper, truthfully introduce the family information related to housekeeping service; the customer and the co-residents shall truthfully inform the housekeeper if they suffer from infectious diseases or have other circumstances that may endanger the personal safety of the housekeeper.

The customer shall not conduct the following acts:

1. abusing, insulting, maltreating or beating the housekeeper;

2. forcing the housekeeper to provide housekeeping services other than those stipulated in the contract;

3. forcing the housekeeper to provide housekeeping services that may cause damage to personal safety; or

4. other acts in violation of laws, rules, public order and good morals.

Article 13 The personal dignity of housekeepers shall be protected by law.

Housekeepers have the right to refuse any housekeeping service which may endanger their personal safety.

Housekeeping service personnel are obliged to have break time, and the specific break time or compensation method shall be determined through consultation according to law and be clarified in the labor contract, service agreement or in the housekeeping service contract. Housekeeping service agencies and customers shall not detain the identity cards, skills authentications, health certificate and other certificates of the housekeepers.

Article 14 Housekeepers shall truthfully disclose their age, employment experience, service skills, health status and the presence or absence of bad habits to housekeeping service agencies and customers.

Housekeepers shall provide services in accordance with the housekeeping service contract and the requirements of the housekeeping service agency and abide by the professional norms.

Housekeeping service personnel shall not commit any of the following acts:

1. abusing, insulting, maltreating or assaulting the object of service;

2. stealing, swindling or intentionally damaging or destroying the property of customers;

3. divulging the customers’ privacy known in the housekeeping service activities; or

4. other acts in violation of laws, rules, public order and good morals and professional ethics.

Housekeeping service personnel suffering from infectious diseases and other diseases that are not suitable for housekeeping service shall not engage in housekeeping service activities before the diseases are cured.

Article 15 Housekeepers shall be encouraged to participate in various skills training activities organized by government departments, housekeeping service industry organizations and housekeeping service agencies, so as to improve their housekeeping service ability and professional ethics through various channels.

Chapter III Standardization and Management

Article 16 This Municipality shall improve the standard system of housekeeping service, strengthen the implementation and supervision of housekeeping service standards, and promote the improvement of the service quality and level of housekeeping industry.

The municipal administrative department of standardization and the relevant administrative departments shall organize the research on the local standards for housekeeping services, formulate the local housekeeping service standards, and strengthen the publicity and implementation of the local service standards.

Housekeeping service industry organizations and housekeeping service agencies are encouraged to participate in the standardization work, and to formulate and implement group standards and enterprise standards that are higher than the technical requirements of national standards, industry standards and local standards.

Article 17 Customers are encouraged to conclude a written housekeeping service contract with a housekeeping service agency or a housekeeper, specifying the service time, service items and remuneration.

Housekeeping service agencies are encouraged to use the model version of the housekeeping service contract, and attach the service specifications formulated by the agency as an annex. Housekeeping service personnel who directly establish a relationship with the customer are encouraged to use the model contract.

The model version of housekeeping service contract shall be formulated by the municipal commerce department in conjunction with the municipal market supervision and other departments.

Article 18 This Municipality shall establish a unified housekeeping service administration platform for the whole Municipality, and publish the national and municipal policies and measures on promoting and standardizing the development of housekeeping service industry, industry updates, model version of contract and other information; shall collect the basic information, the service and evaluation information and credit information of housekeeping service agencies and housekeepers, and offer the inquiry service to the public according to law.

The housekeeping service administration platform shall be interconnected with the municipal Integrated Online Platform and the public credit information service platform and other information systems, and shall submit the relevant basic information and credit information to the national credit information sharing platform in accordance with the provisions of the State.

The relevant departments shall assure the information security in accordance with the relevant provisions of the State and this Municipality, and protect the acquired commercial secrets and personal information.

The municipal department of commerce shall be responsible for the organization, construction, operation and maintenance of the housekeeping service administration platform.

The platform information collection and inquiry shall comply with the provisions of relevant laws and rules, and the specific measures shall be formulated by the municipal department of commerce.

Article 19 A housekeeping service agency shall file the agency’s name, the principal person in charge, the business site, the contact information and other information with the municipal department of commerce through the housekeeping service administration platform for the record. Any change in the relevant information shall be filed with the municipal commerce department within 15 days.

For the information that can be shared through the "Integrated Online Platform” in this Municipality, the municipal commerce department shall not require the housekeeping service agencies to provide it repeatedly.

Article 20 A housekeeping service agency shall register the information of its housekeepers or the housekeepers introduced by the intermediary on the housekeeping service administration platform and issue a door-to-door housekeeping service certificate. A housekeeper holding door-to-door service card shall show his/her card when carrying out housekeeping service activities.

Housekeepers that have established housekeeping service relations directly with customers are encouraged to register their basic personal information and work experience on the housekeeping service administration platform.

Measures on housekeeping service administration platform information registration and door-to-door housekeeping service certificate shall be separately formulated by the municipal department of commerce.

Article 21 Housekeeping service agencies registered on the housekeeping service administration platform shall regularly transmit the housekeeping service information such as the service contract and service evaluation to the platform, and shall be responsible for the authenticity of the information.

Housekeeping service agencies are encouraged to establish a business management system and connect the system with the housekeeping service administration platform.

Article 22 Departments of commerce, market supervision, human resources and social security shall, in accordance with their respective functions and duties, strengthen the supervision over the housekeeping service industry, improve the mechanism for handling complaints and reports, promptly accept relevant complaints and reports and handle them according to law.

Article 23 A housekeeping service agency shall establish a convenient and efficient complaint handling mechanism for housekeeping services and promptly handle complaints occurred from housekeeping services.

Housekeeping service industry organizations may establish the housekeeping service dispute mediation mechanism to mediate the disputes arising from the housekeeping service activities.

Consumer Rights Protection Committee shall be responsible for accepting consumers’ complaints related to housekeeping service activities, investigating and mediating the complaints, or forwarding their opinions to relevant departments and units for handling. The resident (village) committee and the relevant mediation agency may mediate the disputes in the housekeeping service activities.

Chapter IV Promotion and Development

Article 24 Where a housekeeping service agency sets up a service outlet in a community, such fees as water and electricity on the rented site shall not be restricted by the nature of the rented space, and shall be charged by the rates of residents.

This Municipality shall support the establishment of housekeeping service outlets in urban and rural community comprehensive service facilities or sites built with government investment, and shall reduce or exempt fees of those outlets that meet the conditions.

Article 25 The municipal human resources and social security department and other departments shall incorporate housekeeping services into the vocational training plan. If housekeepers participate in the vocational training, the training fees shall be subsidized according to the subsidy policy of this Municipality for the vocational skill training.

Housekeeping service agencies are supported to carry out vocational training for employees. Housekeeping service personnel are encouraged to take part in vocational skill appraisal and vocational skill competition. Vocational colleges, community classrooms and government-funded public training bases are encouraged to provide training to housekeepers.

Article 26 The municipal department of commerce shall, together with the municipal department of public health, determine the physical examination items and standards for housekeeping service personnel of different categories.

The housekeepers registered on the housekeeping service administration platform that participate in the physical examination shall be given the medical examination fee support in accordance with the relevant provisions of this Municipality.

Article 27 The municipal department of education and other departments shall incorporate housekeeping services into the plan of vocational education.

This Municipality supports universities and vocational colleges to set up the majors related to housekeeping service and cultivate housekeeping service professionals.

Qualified housekeeping service agencies are encouraged to set up vocational colleges of housekeeping services, and the relevant departments shall set up green channels for the examination and approval, simplify the procedures and optimize the services.

Article 28 Insurance agencies are encouraged to develop insurance products such as accident and injury insurance, liability insurance for housekeeping services and third-party liability insurance for housekeeping services.

Housekeeping service agencies, housekeeping service personnel and customers are encouraged to purchase insurance products related to housekeeping services.

The housekeepers registered on the housekeeping service administration platform that purchase the insurance products related to housekeeping services may apply for subsidies in accordance with relevant provisions.

Article 29 This Municipality encourages commercial banks to provide unmortgaged and uncovered credit loans to eligible housekeeping service agencies with good credit standing. This Municipality supports the eligible housekeeping service agencies to issue the special industry bonds of social sector.

Article 30 This Municipality shall support qualified housekeeping service agencies that hire employees to provide collective dormitories for them. It is encouraged to transform the existing municipal facilities into collective dormitory for housekeeping service agencies that hire employees, and the supporting dormitories built in the industry park shall be provided to the employees of such housekeeping service agencies in priority.

This Municipality shall incorporate the eligible housekeepers into the scope of public rental housing assurance, support the staff of housekeeping service agencies rent collective public dormitories.

Housekeepers who rent the house for living by themselves and meet relevant regulations may apply for rental subsidies.

Article 31 Housekeeping service personnel may apply for award points and enjoy corresponding public services in accordance with the relevant provisions of this Municipality on the administration of award points by residence card.

Housekeepers who meet the requirements of this Municipalitys household registration policy may apply for permanent residence in this Municipality.

Article 32 The public security department and the public credit information collection department shall cooperate with the relevant departments in the information verification for housekeeping service personnel.

Article 33 Housekeeping service personnel have the right to join in trade union. Those housekeepers who join in the trade union may participate in the mutual assurance program sponsored by the trade unions.

Trade union, communist youth league, womens federation and other agencies shall safeguard the legitimate rights and interests of housekeeping service personnel, cooperate with related departments to carry out housekeeping skills training and education in professional ethics, rule of law, good faith, raise the service level and professional quality of the housekeepers, incorporate the housekeeping service personnel into appraisal and selection of such honorary titles as model workers, pace setters of the new Long March, March 8 Women Red Flaggers.

Chapter V Industry Construction

Article 34 Housekeeping service industry organizations may carry out the following work in accordance with the provisions of the Charter:

1. make suggestions on legislation or policy formulation to the relevant departments, reflecting the related matters of the industry;

2. organize the formulation of housekeeping service group standards and industry norms, and put forward suggestions for the formulation of local housekeeping service standards;

3. monitor the quality of housekeeping services;

4. organize housekeeping service agencies to carry out physical examination and skill training for housekeeping service personnel; and

5. other services to promote the development of the industry.

Article 35 Housekeeping service industry organizations may, under the guidance of the municipal administrative department for standardization, formulate standards for the appraisal of the service abilities of housekeeping service personnel, which shall be agreed for adoption by the housekeeping service agency within the industry organization in agreement or voluntarily adopted by the society in accordance with the provisions of the industry organization.

Departments of human resources and social security shall, in accordance with the national occupational skill standards for housekeeping service personnel, guide the authenticated housekeeping service industry organizations to carry out the authentication of occupational skill levels and issue the authenticated certificate of occupational skill levels.

Housekeeping service industry organizations may, in accordance with the economic and social development of this Municipality, issue the guidance on salary by the level of housekeeping service skills.

Article 36 Housekeeping service industry organizations may, in accordance with the provisions of the Charter, carry out social evaluation on housekeeping service agencies and housekeeping service personnel and provide corresponding channels for inquiry.

Housekeeping service industry organizations shall record the credit status of the housekeeping service agencies within the industry organization in accordance with the provisions of the Charter.

Article 37 Housekeeping service industry organizations may take corresponding disciplinary measures in accordance with the provisions of the Charter to the housekeeping service agencies that violate the norms, the provisions of the industry charter and damage the image of the housekeeping service industry. Any suspected violation of laws or rules shall be reported to the relevant departments.

Chapter VI Legal Liability

Article 38 Where laws, rules have punishment provisions on the acts that violate the provisions of these Regulations, such provisions shall prevail.

Article 39 The housekeeping service agency that has one of the following circumstances shall be checked by the district commerce departments for verification, which shall inform the district market supervision department of the clues. If the case is found to be true, the district market supervision department shall order the housekeeping agency to make corrections within a prescribed time limit; whoever refuses to make corrections shall be fined not less than 2,000 yuan but not more than 20,000 yuan; if the circumstances are serious, a fine of not less than 20,000 yuan but not more than 50,000 yuan shall be imposed:

1. in violation of the provisions of Article 19 of these Regulations, failing to submit the agency’s archival information, failing to submit the change information in time, or submitting the archival information of a false agency;

2. in violation of the provisions of Clause 1 of Article 20 of these Regulations, failing to submit the archival information of the housekeepers or submitting the archival information of the false housekeepers; or

3. in violation of the provisions of Clause 1 of Article 21 of these Regulations, failing to submit information on housekeeping service or submitting false information on housekeeping service.

Article 40 Housekeeping service agency, housekeeper or customer that infringe upon the legitimate rights and interests of others in a housekeeping service activity shall bear the corresponding civil liabilities according to law.

Article 41 Housekeeping service agency, housekeeper or customer that violate the provisions on the administration of public security in the housekeeping service activities shall be punished by the public security department according to law. If the case constitutes a crime, criminal liability shall be investigated according to law.

Article 42 Any staff member of the relevant administrative department who neglects his duty, abuses his power, or engages in malpractice for personal gain in the administration of housekeeping service shall be punished according to law; if the case constitutes a crime, criminal liability shall be investigated according to law.

Chapter VII Supplementary Provisions

Article 43 These Regulations shall be effective as of May 1, 2020.