Several Issues In The Legislation Of Part-time Employment

Contradiction between labor supply and demand being outstanding and therequirement of new industry for flexible employment stimulate the development ofpart-time employment. The definition of “part-time employment” in China, which ismainly defined according to the working hour other than comparing to full-timeemployment refer to oversea experience, is not only a little simple and rigid but alsodisputable in application. For the purpose to reduce dispute in the identification ofpart-time employment at the first place, one effective measure is to narrow down thedifference on payment between part-time and full-time through legislation activity.As a flexible and atypical employment, the part-time employment is notmainstream of employment, but necessary and beneficial complement to the classicemployment form. The part-time employment is necessary and valuable for it couldincrease flexibility to classic employment system. It’s also positive to enhanceemployment, satisfy the flexible demand of employer and laborer.Due to great employment pressure, the value orientation of legislation in Chinatend to stimulate the development of part-time employment while correspondinglyignore the protection for the part-time employee. The part-time employment will addmore jobs. However, The ignorance of the part-time employee protection, whichwould reduce the quality of employment in exchange for the quantity, would notupgrade the usage level of human resources and be unbenifited to formulate stableand harmony employment relationship.For labor contract and collective contract is limiting useful under current laborrelationship adjustment system, it is critical to modify part-time employment through legislation. The value goal of legislation modification is not only to enhance theflexibility of part-time employment but also to notice the protection for part-timeemployee. So that China should moderately strengthen protection for part-timeemployee.Part-time employment share the same nature with full-time employment.However, practically part-time employee have lower payment and are lack of lifesecurity. It’s the basic and principle issue to moderately strengthen part-timeemployment protection that is the equal protection and treatment for part-timeemployment warranted by law.China should complete part-time employment institution on the basis offlexibility of part-time employee by moderately enhancing the protection over theinterest of part-time employee, improving quality of part-time employee whilekeeping the positive effectiveness to employment in order to strengthen the stabilityand harmony of employment relationship. As to the specific institution, based onprinciple of equality on payment between part-time and full-time, the authority shouldutilize flexible laws and legislations to apply various employment form inconsideration of China’s actual condition and practice of labor relationship.