Research On The Legal Problems Of The Part-time Employment

With the reform of China's industrial structure, increasing the number of structural unemployment, coupled with natural population growth, employment situation is very grim. Market can post jobs for university students is very limited, but did not say migrant workers and laid-off workers re-employed business will go. Development of multi-level and wide-ranging source of employment is imminent. Flexibility of employment is to adapt to the times, to meet the needs of enterprises to reduce labor costs as a means of employment, is getting into people's vision. Flexible work-time employment with a major form, can provide large number of jobs, improve the living standards of workers, have drawn wide attention.This paper defines the concept of part-time employment, rules, content and assessment, specific laws apply to the four aspects of the system of the future, each part of the layers of depth, interlocking.The first part is the concept of part-time employment definition and necessity of regulation. First of all, lists the various countries and international organizations for the definition of the concept of part-time employment. China's Labor Contract Law of the part-time employment refers to the hourly rates based, the employer of workers in the same general working hours per day on average no more than four hours total working time per week no more than twenty four hours of labor form. Secondly, from the analysis of five-time employment characteristics:diversity of labor relations; labor contracts in the form of freedom; short-term labor; labor treatment diversity; the arbitrary termination of labor relations. Again, the part-time employment and full-time employment and atypical employment are compared, a clear-time employment in the informal sector is a traditional form of employment. Finally, from the community to the legalization of flexible employment, labor rights protection, promotion of employment to establish the demand side that the need for part-time employment system.The second part discusses the part-time employment and Analysis of the contents of a legislative rule. First of all, focuses on the "part-time employment on the views of a number of issues," "Labor Contract Law", and some local regulations for the provision of part-time employment and part-time employment from the labor relations, wage payment, social insurance, labor disputes to sort out four areas, which is part-time employment of existing legislation on labor relations adjustment range. Second, that the current lack of legislation:(1) provides for the principle more concrete measures for implementation, details of the provisions of fewer, leaving many gaps; (2) The law of value orientation positioned to develop and promote part-time employment, and Non-comb-time employment relationship; (3) There is also lack of specific system design.The third part discusses a number of part-time employment for specific legal problems. From the legislative definition of part-time employment, labor contract issues, wages, social insurance, labor disputes discussed five aspects, namely, that these five problems. These five aspects of the relatively trivial, summed up the current legal system is full-time employment of non-regulation, did not reflect full-time workers with equal pay, equal protection of the non-discrimination principle.The fourth part is a part-time employment for our future direction of legal regulation, the idea of perfect, put forward specific ideas:(1) a clear legislative purpose and the basic principles of non-full-time employment; (2) labor contract provisions and must matters can be agreed; (3) a clear principle of full implementation of the employing unit and vacation pay the standard daily wage; (4) the employer advance notice of termination of employment contract obligations; (5) the wage standards for the treatment of workers; (6) Non-full the social insurance system and employment system; (7) labor dispute applicable rules.Full-time workers in order to protect the legitimate rights of prohibited discrimination and achieve equal pay, the central idea of perfect social insurance, has been consistent throughout. System design should not only reflect the flexibility of part-time employment, but also to fully protect the legitimate rights and interests of part-time workers. Enactment of Legislation-time employment system, protect the legitimate rights and interests of workers had both practical needs, but also conducive to the development of China's socialist market economy is conducive to building the people's livelihood, in line with the development trend of the world's labor legislation.