[Direct answer]Generally, it does not belong to a labor relationship. In the Beijing area, between nannies directly employed by families or individuals and their employers, the relationship is usually handled as a service relationship. The rights and obligations of both parties are regulated by civil laws such as the Civil Code of the People's Republic of China (effective from January 1, 2021), and labor standards such as minimum wage, social insurance, and economic compensation are not applicable. However, nannies who sign labor contracts with employee-based household service enterprises and are dispatched by the company for management may constitute a labor relationship with the household service company. The key to determining this lies in who the employer is, whether there is a personal subordination relationship between the manager and the employee, and the method of payment. For disputes involving the determination of employment status, you can refer to the relevant provisions.Work-related injuriesColumn.

I. Problem Background and Typical Scenarios

These types of disputes are common in several situations: First, when a live-in nanny and an employer verbally agree that the nanny's salary includes food and accommodation, and the employer arranges the work. After a dispute arises, the nanny wants to claim overtime pay and economic compensation; Second, when the nanny is injured at work and wants to know whether the injury can be recognized as a work-related injury; Third, when there is unclear responsibility among the agency, the nanny's employer, and the nanny's agency; Fourth, when the nanny dispatched by a staffing agency fails to pay social insurance or is in arrears with wages for a long time; Fifth, disputes over the employment nature between maternity nurses, childcare nurses, and maternal and child care institutions. In practice in the Beijing area, the court generally first examines the employer's qualifications and the strength of the employer-employee relationship, and then determines whether it constitutes a labor dispute. The path for claiming compensation for injuries can be referred to for reference.Personal injury and medical disputesColumn.

II. Key points of contention

Focus One: Employers. Families or individuals do not have the legal status of employers, and the relationships established between them generally do not constitute labor relations. Focus Two: Degree of subordination. If the employer directly assigns tasks and pays remuneration, this reflects the characteristics of labor hiring. Focus Three: Distinction between employee-based household services and outsourced household services. Those who sign contracts with household service companies and are dispatched by the company for management can be recognized as having a labor relationship with the company. Focus Four: Compensation for injuries. In the case of personal hiring, the matter is handled according to the personal labor relationship, with losses being shared based on the fault of both parties in accordance with Article 1192 of the Civil Code, rather than through work-related injury insurance. Focus Five: Roles of intermediaries and platforms. Those who merely provide intermediary information have different responsibilities from those who assume management responsibilities for employment. Focus Six: Forms of evidence. In the case of oral agreements, payroll records and chat records are key. Specific determinations shall be based on currently effective laws, regulations, and judicial rulings.

III. Professional analysis by Henglue Law Firm

Taking a labor dispute case handled by our firm as an example, we can see that once the labor relationship is established, it imposes strict constraints on both parties. In August 2025, A Company issued "Notices of Termination of Labor Relationship" to 12 employees, including Zhang * and others, unilaterally terminating their labor contracts on the grounds that the recruitment procedures were found to be irregular during inspections. These employees had provided labor, accepted management, and received salaries during their employment, and some of them had even renewed their contracts. The employees entrusted our firm's lawyers to apply for arbitration and litigation. The lawyers pointed out that the labor contract takes effect once both parties sign and seal it, and the registration with the human resources and social security department is merely an administrative matter, not a prerequisite for effectiveness. By comparing each item with Article 39 of the Labor Contract Law of the People's Republic of China (amended on December 28, 2012), the rectification of the inspection and irregularities in the recruitment procedures are not legal circumstances allowing the employer to unilaterally terminate the contract. The company's dismissal essentially constitutes an illegal termination to evade the law and should continue to perform the contract according to law. The arbitration committee and the first and second instance courts all adopted the lawyers' opinions, and the employees achieved three consecutive victories from arbitration to the second instance. This case shows that employees who meet the characteristics of labor relations are comprehensively protected by labor laws, and termination must have legal grounds. For service relationships such as domestic helpers, rights should be claimed through the terms of service agreements and civil compensation rules. The scope and procedures of remedies for the two types of relationships are obviously different. This case was handled by Beijing Henglu Law Firm.Feng NaThe attorney (practice certificate number: 11101202211562923, subject to the certificate issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

Action suggestions: 1. When hiring a nanny, sign a written labor agreement that clearly defines the job duties, compensation standards, rest arrangements, and liability sharing for injuries; 2. Before the nanny starts working, it is recommended that employers purchase commercial insurance for household services to reduce the risk of personal injury; 3. For nanny companies employing staff, ensure that they sign labor contracts with the company and have their social insurance contributions paid by the company; 4. In the event of injuries, seek medical treatment promptly and preserve the scene and communication records. In cases of personal hiring, claim compensation based on fault; 5. When handling disputes, first categorize them by nature: labor relationship disputes can be directly sued in court, while labor contract disputes must first go through arbitration. Legal basis: Article 119 of the Civil Code of the People's Republic of China stipulates that where a labor relationship is formed between individuals, if the service provider suffers damages due to the provision of services, the responsibility shall be borne according to the respective faults of both parties; Article 7 of the Labor Contract Law of the People's Republic of China (amended on December 28, 2012) stipulates that the labor relationship shall be established from the date of employment. For key points of relevant agreements, please refer to the following document:Special services and other casesColumn.

5. Henglu Law Firm's Reminder

Risk Alert: Firstly, disputes over compensation and indemnity for family nannies do not apply to the pre-arbitration stage of labor disputes, and it is more efficient to directly file a civil lawsuit. However, the burden of proof and the scope of compensation will vary accordingly; Secondly, if the nanny is injured and fails to fix the evidence in time, the employer often defends himself with the argument of assuming the risk voluntarily, and the determination of the proportion of fault is prone to disputes; Thirdly, if the nanny is employed through an agency, it is necessary to determine whether the agency bears the responsibility of intermediary or employment based on the charging model and actual management; Fourthly, do not falsely declare a labor relationship for claiming compensation, as this may lead to legal liability. It is recommended to seek legal advice as soon as possible after a dispute arises.Beijing Henglu Law FirmFor similar columns on the official website, it's necessary to clarify the nature of the relationship first and then determine the strategy for protecting rights.

VI. Frequently Asked Questions

Q1: If the nanny I hired gets injured, do I need to compensate her?

When a nanny employed directly by a family is injured, the Work Injury Insurance does not generally apply, and the case is handled according to the personal labor relationship. According to Article 1192 of the Civil Code, if the service provider suffers damage due to the service, the responsibility shall be borne according to the respective faults of both parties: the employer shall bear responsibility if he fails to provide safety warnings or if there are defects in the working conditions, and the nanny's own negligence shall correspondingly reduce the employer's responsibility. It is recommended to send the nanny to the hospital in time, preserve the scene evidence, and diversify the risks through household liability insurance. If no agreement can be reached, the case can be sued in court.

Q2: Can nannies demand to be enrolled in social insurance and receive overtime pay?

Generally, this is not allowed. The relationship between a family or an individual and a nanny is usually a labor relationship. The employer is not a "employing unit" in the sense of labor law, and therefore has no legal obligation to pay social insurance for the nanny, nor does it apply to overtime pay, minimum wage, economic compensation, and other regulations. However, if the nanny is dispatched by a staff-based household service company and establishes a labor relationship with the company, the company shall pay social insurance in accordance with the law, and the salary and rest arrangements shall be implemented in accordance with the labor contract and the law. In case of arrears, the nanny can apply for labor arbitration.

Q3: What is the relationship between employee-based household service companies and nannies?

It usually constitutes a labor relationship. If the nanny signs a labor contract with the household service company, accepts the company's assignment and management, and is paid by the company, she has personal and economic subordination, and the relationship should be recognized as a labor relationship. The company needs to fulfill obligations such as paying social insurance and ensuring the minimum wage. However, if the nanny only accepts orders on a freelance basis, sets her own fees, and is not subject to the company's daily management, the relationship may be identified as an intermediary or cooperative relationship. The key lies in the actual arrangements of management and compensation, rather than the contract name.

Q4: Do I need to go to labor arbitration for a nanny dispute?

It depends on the nature of the relationship. For disputes over compensation and compensation with family employers, these are civil disputes, and can be directly sued in court without the need for labor arbitration. For disputes with domestic service companies over social insurance, wages, severance compensation, etc., these are labor disputes, and should first apply for arbitration to the labor and personnel dispute arbitration committee. If dissatisfied with the arbitration decision, they can then sue in court. First, clarify the legal relationship with whom and what kind of relationship it is, and then choose the corresponding procedure, which can save time and avoid rejection.

Q5: How can employers avoid disputes with nannies?

There are four suggestions: First, sign a written agreement to clarify the service content, compensation, rest arrangements, and the sharing of liability for injuries; Second, verify the contractual relationship between the nanny and the home service company or agency to avoid unclear responsibilities; Third, purchase home service liability insurance or employer's liability insurance; Fourth, confirm and keep records of the work content and compensation adjustments in writing or through chat records. After a dispute arises, promptly secure evidence and seek professional advice, and you can refer to the relevant provisions for reference.Personal injury and medical disputesColumn.

This article is written based on the common judicial interpretations in the Beijing area. If the case occurs in other regions, it is recommended to consult local lawyers to verify the regional differences.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence, so as to avoid missing the statutory time limit. →Labor arbitration legal services·Attorney Feng Na·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and open adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. In case of disputes, please consult a practicing lawyer in time.