Tourism law background

Legal analysis: Tourism law is the general name of legal norms regulating various social relations in the field of tourism activities, that is, the sum of various legal norms regulating tourism legal relations. The emphasis here on "the general name of various legal norms" shows that the concept of tourism law is broad. It includes the Tourism Law of the People's Republic of China in a narrow sense and other relevant laws and regulations regulating various legal relations in tourism activities, as well as the one-way tourism administrative regulations and departmental rules formulated and promulgated by the State Council and the tourism authorities.

Legal basis: Tourism Law of the People's Republic of China

Article 1 This Law is formulated to protect the legitimate rights and interests of tourists and tour operators, standardize the order of the tourism market, protect and rationally utilize tourism resources, and promote the sustained and healthy development of tourism.

Article 2 This Law shall apply to tourism activities in the form of sightseeing, vacation and leisure organized abroad in People's Republic of China (PRC) and in People's Republic of China (PRC), as well as business activities providing related services for tourism activities.

Tour guides have always been regarded as "the soul of tourism" and "the most representative staff in the tourism industry" in China. However, with the rapid development of tourism and the chaos in the tourism market, this once glamorous profession has gradually evolved into the focus and concentrated explosion point of tourism problems and contradictions, which has been criticized by the society. The official implementation of the Tourism Law of the People's Republic of China (hereinafter referred to as the Tourism Law) on October 1, 2013 has brought great influence to tour guides who are in the whirlpool of career. These effects may cause the professional income of tour guides to decline in different degrees in the short term; The long-term effect will surely promote the professionalization of tour guides in China, comprehensively improve the quality and social status of tour guides, and lay a solid foundation for promoting the sound and rapid development of tourism in China. I. Impact of the Implementation of the Tourism Law on Tour Guides In the Tourism Law, there are 112 articles in 10 chapters, and 14 articles explicitly mention "tour guides", accounting for 12.5%, from which we can see the important role and special position of tour guides in tourism activities and tourism development. Fourteen clauses clearly stipulate the entry conditions, salary income, benefit distribution with travel agencies, rights and legal responsibilities of tour guides. Judging from the investigation results of more than one month's implementation, the promulgation and implementation of the Tourism Law has indeed brought many tangible influences to the work and life of tour guides. (1)Positive influence 1. Tour guides have stronger legal protection. Article 37 of Chapter IV of the Tourism Law defines the application conditions for tour guide cards as "those who have passed the tour guide qualification examination, entered into labor contracts with travel agencies or registered in relevant tourism industry organizations can apply for a tour guide card." Compared with the Regulations on the Management of Tour Guides implemented in 1999, the Tourism Law has replaced the "tour guide service company" that has been used in the Regulations on the Management of Tour Guides with "related tourism industry organizations". Because in actual operation, the "tour guide service company" has some institutional defects: first, the legal status of the "tour guide service company" itself is unclear, and it is impossible to sign a labor contract with the affiliated tour guide and effectively assume responsibility when there is a legal dispute in the tour guide activities; Second, some "tour guide service companies" implement the policy of charging only for the affiliated tour guides, or only managing and not protecting them, which has caused great harm to the rights and interests of tour guides. The implementation of "Tourism Law" rationalizes the legal relationship between tour guide management and "Labor Law" and "Labor Contract Law", and puts the professional activities of tour guides under the legal protection of the state, so that the rights of tour guides are strongly protected by law. 2. The income of tour guides has a fixed channel. The Tourism Law guarantees that all kinds of tour guides have a fixed income channel from the source. Article 38 regulates the interest distribution relationship between travel agencies and tour guides by distinguishing the different income sources of the two types of tour guides. For full-time tour guides employed by travel agencies, the Tourism Law requires travel agencies to "conclude labor contracts according to law,Pay labor remuneration and social insurance fees ",and the legitimate interests of full-time tour guides as full-time employees of travel agencies have been safeguarded; For a large number of social tour guides and part-time tour guides who are temporarily employed by travel agencies, it is required that "the travel agency shall pay the tour guide service fee stipulated in Paragraph 3 of Article 60 of this Law in full" (that is, the tour guide service fee specified in the package tour contract). The significance of this clause lies in the legal form to ensure that all kinds of temporary tour guides can obtain a fixed source of income when providing tour guide services. Such legal provisions have reversed the income distribution mechanism that most tour guides can only obtain "gray" income by increasing self-funded items, taking tours into stores and evading tickets. On the one hand, it will enhance the professional honor of tour guides, on the other hand, it will harmonize the relationship between tour guides and tourists, thus improving the quality of tour guide services. 3. Clarify the legal responsibilities that tour guides and travel agencies should bear respectively. Articles 96, 100, 101, 102 and 103 in Chapter 9 "Legal Responsibilities" of the Tourism Law provide detailed and specific penalties for tour guides' performance and related interests in the course of tour guide activities. Putting tour guide services under legal supervision will definitely standardize the practice of tour guides. At the same time, these legal provisions also list clear punishment measures for violations of travel agencies, such as Article 96 on travel agencies.In four cases, fines were imposed, business operations were suspended or business licenses of travel agencies were revoked, such as "failing to arrange tour guides or tour guides to accompany outbound or inbound group tours in accordance with regulations, providing tour guides or tour guide services for those who did not obtain tour guide certificates or tour guide certificates, failing to pay tour guide service fees to temporary tour guides, and requiring tour guides to pay in advance or collect fees from tour guides". This not only changes the dilemma that tour guides, as vulnerable groups, lack job security when dealing with tourism disputes and complaints before the implementation of the Tourism Law, but also reduces the economic burden of tour guides in tour guide activities. It also helps to rationally standardize the legal responsibilities of travel agencies, guide travel agencies to actively strengthen cooperation with tour guides, jointly improve the quality of tourism services, and lay a good foundation for the development of the package tour market. (2) "negative" impact 1. The income has dropped sharply. Article 35 of the Tourism Law stipulates that "travel agencies may not specify specific shopping places and may not arrange additional paid tourism projects. In consultation with tourists or at the request of tourists, travel agencies can also choose tourist destinations and business districts that mainly serve the local public, and arrange tourists to shop, but they must not obtain illegitimate interests such as kickbacks through these activities. " The direct impact of this regulation is that tour guides no longer have commissions for tourists to shop and participate in self-funded projects, which was the main source of income for tour guides before the implementation of the Tourism Law. Although article 38 of the Tourism Law stipulates that tour guides have the right to ask travel agencies to pay labor remuneration according to law, that is, "tour guide service fee". The tour guide service fee is generally included in the tour fee paid by tourists.However, due to the differences in quotations from various travel agencies, the "tour guide service fee" for tour guides is not the same. At present, there is no unified payment standard for tour guide service fee for travel agencies in various tourism markets. In Dali, the tour guide service fee of some travel agencies is 400 yuan every day, but most travel agencies pay according to the standard of 150 yuan to 300 yuan every day. However, compared with the income from tourists shopping and participating in self-funded projects in the past, it is an indisputable fact for most tour guides that their income has been greatly reduced. Among the Dali tour guides who participated in the survey for more than ten years, 70% admitted that their income had decreased by 80%, 22% admitted that their income had decreased by more than 50%, and only 8% admitted that their income had decreased almost or slightly. 2. There is no commission for shopping and self-funded projects. Another impact brought to tour guides by the implementation of the Tourism Law is that the number of tour groups has decreased, and many tour guides have fallen into an embarrassing situation without a tour group. After the implementation of the Tourism Law, the prices of various tourist routes have generally increased by 30% ~ 40%, and some have even increased by more than 50%. As soon as the prices have increased so much, many tourists might as well travel on their own, so they will not join the group. According to the statistics of Dali digital tourism platform, during the Golden Week of November this year, Dali received a total of 2,986 tourism teams, a year-on-year decrease of 11%; The number of visitors to the reception team was 43,000, a year-on-year decrease of 18%; The number of group tourists in major scenic spots decreased by about 21% compared with the same period of last year. This situation has caused that either the tour guides don't want or don't want to take the tour,It's that many tour guides simply don't have a group to take. Although the Tourism Law has only been implemented for more than a month, many tour guides have begun to consider changing careers. Second, the self-adjustment strategy of tour guides under the background of the implementation of the Tourism Law (1) Face up to the pressure. In modern society, the pressure of work and life is a common phenomenon, not only in tour guide work and tourism industry. Stress can produce both positive effects and negative consequences. In the face of the double reduction in the number of tours and income, tour guides should take the initiative to decompress, turn pressure into motivation, and strive to adjust their roles to adapt to the new situation faced by tour guides after the implementation of the Tourism Law. When tour guides feel too much pressure in their life and work, they should learn to take the initiative to vent, tell their relatives, classmates and friends about their experiences at work, or engage in some sports and entertainment activities to release their depression and make themselves feel comfortable. After receiving a tour group, tour guides should actively sum up their work, solve and release the difficulties, problems and the pressure caused by them in time, and avoid bringing them to the next tour guide's work. (2) Re-examining the work and re-evaluating yourself. Redefining the work can enable tour guides to maintain their enthusiasm for the tour guide work in the case of declining income. Tour guides should regard each tour guide as a systematic task, make overall arrangements and make careful preparations. Be confident in the process of work and every detail; Organize an efficient team of co-workers, not only have a clear division of labor, but also combine each other's tasks and coordinate with each other.Decide together how to finish the work smoothly; Work hard to make tourists feel satisfied or even praised with themselves and their work, thus improving their sense of accomplishment and pride; Open up smooth information exchange and feedback channels, understand the expectations of travel agencies, colleagues and co-workers and their evaluation of their work, and feedback their views, opinions and suggestions on their work to them in time to establish a mechanism of mutual trust. (3) Beyond the repetitive and boring feeling of professional self-guided tour work day after day, year after year, and the sharp drop in income, the tour guides lost their pride, intimacy and freshness in their work and life. Therefore, tour guides should escape from work after work, find a new field to live outside the tour guide's work, find their own fun, narrow the psychological distance with relatives and friends, show their potential that they have no chance to show in many jobs, and get some psychological satisfaction and spiritual compensation lost in work. Don't just regard the income as the only criterion to measure the work of tour guides. If the feeling of success is tied to work, it is easy to maintain a positive attitude when you are frustrated in your tour guide work. III. Conclusion The implementation of the Tourism Law is undoubtedly an external restraint force for tour guides, which will have an important impact on solving the problems faced by tour guides, such as heavy working environment pressure, insecure professional income, low social evaluation of tour guides' work and conflicts of interests among work groups, and curbing various irregular behaviors of tour guides. Tour guides must strengthen their study and strive to improve their professional skills and quality.Only by providing tourists with high-quality tour guide services and adapting to the new changes and trends in the tourism market after the implementation of the Tourism Law can they become the beneficiaries of the implementation of the Tourism Law and make their own interests fully protected by the law. Transfer from: The impact of the implementation of the Tourism Law on tour guides shows all.