The Legal Protection On Part-time Workers' Social Insurance Rights

Part-time employment breaks through the traditional mode of full-time employment, being adapted to flexible employment needs and laborer self-dependent career choice.It has become an important form of flexible employment promoted by the countries around the world. At the end of 1990s, China's industrial structure adjustment and upgrading resulted a large number of traditional industries workers laid off or unemployed.It is very difficult for those workers regain "long-term" post because of their qualities and age Therefore, many people joined the army to part-time employment. In addition, China's massive urbanization and industrialization attract large surplus rural labor pouring into the city. Full-time jobs can not absorb so much workforce, so full-time jobs transform into part-time jobs. Meanwhile, the development of the third industry and service industry provid a lot of full-time post, such as McDonald's, KFC, Pizza,whose 80% of the employees are part-time workers. In this context, the part-time employment in our country develops rapidly, being an important way to promote employment.As China's part-time employment relative to a late start for developed countries, developing slowly, and the corresponding lack of legislation in our country's part-time employment is often caught in the embarrassing situation of non-application of the law.So part-time workers are unable to protect their own rights. Although "labor contract law" clearly provide that putting part-time labor relations into labor relation adjustment, but in social insurance part-time workers are different fate with full-time workers although they have same identity. According to the present regulation, employers have no legal obligation to join in social insurance for part-time workers.At the same time, as to the social insurance system's limited, part-time workers cannot join in the social insurance system smoothly by themself, and even some workers are excluded from the social insurance system.But, part-time workers have a lower income level relative to full-time workers, their posts more instability, they being easier to face all kinds of risks, so they need more social security. If no measures being taken to change this situation, most of the part-time workers cannot join in the social insurance to prevent risks.Ultimately It is not conducive to the healthy development of the part-time work and social harmony and stability.The author find that the court take the first step of the job is to cognizance part-time workers identity involving part-time workers cases after studying the relevant cases The first chapter begins with part-time workers determination standards, through comparing the standards of the international labor organization and the developed countries, to discuss the problems of our country's determination standards. The second chapter discusses the legal basis.content and system of part-time workers' social insurance rights.The third chapter presents the approaches for part-time workers to realize social insurance rights and analyses system barriers to realize the part-time workers' social insurance rights. Finally in the fourth chapter the author put forward some suggestions to perfect our country's part-time workers' social insurance legal protection on the basis of developed countries experience,with a view to part-time workers'social insurance right protection research in our country on a modest contributions to strength.