Theory Of The Legal Regulating Of The Part-time Labor

Since China’s reform and opening-up, with the development of the economy and scienceand technology strength, our country’s labor relationship than before, great changeshave taken place in part-time labor has developed step by step, part-time work is achallenge to traditional labor relationship, it breaks through the traditional singularitycharacteristics of labor.At present our country legislation circles and academia for part-time labor awareness isnot high, the current labor market in part-time workers rights and interests can’t be fullyprotected phenomenon is high.At present our country only at the legal level is a smallpositive for part-time labor part-time labor involved, and part-time labor is only a tinypart of full-time employment indirectly involved, and in administrative regulations anddepartmental rules and local rules and regulations and other normative documents onpart-time labor standards cannot properly solve part-time workers social insurance, limitof maximum working hours, minimum wage payment security, labor contract signedform and economic compensation and so on a series of problems.In order to maintainthe orderly and healthy development of the labor market, academics and legislationshould be part-time labor value, design a set of reasonable solutions to work part-time ina series of problems.This article from the four parts of part-time labor law regulation theory and foreignpresent situation, the need to perfect system in our country were expounded, finally putsforward Suggestions for perfect our part-time labor:The first part expounds the concept and characteristics of part-time labor, defines apart-time labor elaborated for laborers in establishing a labor relationship with anaccepting unit at the same time, and with other employers to establish new laborrelations, every relationship and meet the requirements of labor law norms by thecomposition of the labor relations.To be divided into two types: part-time and full-timeemployment for non-full-time labor part-time.Then introduces our country’s at presentacademia for part-time labor three point of view, and analyses the three viewsrespectively, evaluation and the author’s point of view.The second part from the definition of part-time work and part-time labor contracts,part-time labor insurance treatment, part-time labor rules of maximum working hours,the body of the part-time labor treatment, part-time labor restrictions introduced foreign part-time labor related laws and regulations, sums up the regulation of our country candraw lessons from.The third part expounds the current part-time labor laws, administrative rules and localgovernment laws and regulations, and in contrast to foreign laws and regulations on thebasis of analysis of the flaws of the part-time labor of our country at present.The fourth part from the legislation level, such as part-time workers clear the obligationof specifications, ensuring the part-time workers’ working hours and wages, andpart-time workers to enter into a written contract, establishing the system of part-timeworkers to pay social insurance and establish is terminate the labor relationship of thesystem of economic compensation concrete Suggestions are put forward.Of course, theauthor’s Suggestions may not be perfect, but I hope to promote and perfect our countrycontribute the part-time labor law regulation.