A Research On The Legal Regulation Of Part-time Labor Relations

The part-time employment is a form of flexible employment. It is the product of the rapid development of China’s market economy. Advantages of its low labor costs, flexible working hours make it well liked by more and more labor units and workers in today’s increasingly severe employment situation. The part-time employment in our country started late. Compared with other developed countries, there is a big gap and a lack of specific legislation on non-full-time employment. It causes many problems in practice, part-time workers’legitimate rights and interests have been violated. So it is necessary to do deeply research on the part-time employment problems and legal regulation, the text is divided into three parts in total.The first part starts from two main kinds of definition of part-time employment and compares both advantages and disadvantages. Next it analysis reasons for China to take the current definition and the main problems it will take and suggests that using the broad definition after improving the relevant non-full-time employment of the legal system. On this basis, it deeply analysis the three characteristics of part-time employment:non-standard, temporary and the multiplicity of the labor relations. Finally it combines with the actual development of the labor market in China and expounds the positive role to our country and the possible negative effects of part-time employment.The second part major studies four aspects of part-time employment legal regulations. Those are part-time workers labor contracts, legal regulation of labor remuneration, working hours, labor termination of the existing problems. For non-full-time form of labor contract issues, it analysis advantages and disadvantages of each oral contract and a written contract, combining the actual conditions of our country, such as relevant laws are imperfect the market credit is relatively low and proposes our country should not release a written employment contract requirements. When talk about labor remuneration issue, it focuses on the design concept for if it has violated the equal protection principle or not. The major study in part-time employment’s labor time is about long working time will or not lead to the changing nature of the non-full-time labor relations and workers how to deal with it when they face the unit to force them to work overtime. Finally it points out the arbitrariness of the labor contract is not conducive to the protection of the interests of the non-full-time workers.According to the related problems mentioned above, the third part puts forward some specific measures in line with China’s national conditions and practices on the basis of learning from foreign advanced experience in legislation and judicial practice. At the same time, it points out that the root cause of these problems is that our country does not implement the concept of equal protection in the treatment of part-time employment. Legislatures need to change the guiding ideology of the legislation.