Research On The Difficulty Of The Application Of Part-time Work Law

With the rapid development of China's market economy, the situation of employment is becoming more and more serious, so more and more people choose the flexible employment. Among these so many flexible employments, part-time work get much attention because of its low cost and flexible work time. Part-time work can create employment opportunity, alleviate employment pressure, increase labourer's income, also it can decrease the cost and enhance profit of employer. We believe more and more labourers and employers will choose part-time work in the future. But the part-time work rise late in China and develop slower than other developed countries, so there is a disparity between China and other developed countries, the absence of law and regulations make us awkward in the application of the part-time work law. This phenomenon is not good for protect labourer's legal rights and interests, the activity of employer, on the other hand it is not good for the development of part-time work. So it is very necessary for us to make detail provisions. In this paper, the author choose four prominent problems:exceed work time, the forms of labour contract, social insurance and protect rights of trade union. At first the author elaborate the problems of above four field, then analyse the reason,finally give the solutions and some suggestions.There are four part except introduction and conclusion.Part one is about exceed work time. For employer and labourer, work time is very important, it relate to the income of labourer,the labourer perform his repose right, the quality of labour,the employer's profit. Exceed work time is very serious now. For full-time worker, it is a very simple question, there is a complete system in China, either is overtime or is add points. But for part-time worker, it is a difficult problem, there is a dispute in academic circles and there isn't any law and regulation about this problem. So a few employers use the absence of law, they let the labourers work exceed work time, but give them part-time salary, infringe labourer's legal rights and interests. In addition, in order to increase their income, some labourers do many part-time work, the total time isn't change, work time become longer, the rest time become shorter, this is harmful for sustainable development of the labour. There are many reasons for this phenomenon, for example, the employer want to purchase more profit and the labourer want to earn more money, but in the author's opinion, the root of the problem is the absence of law and regulation, if there is a law or regulation, the problem can be solved easily. Therefore after think over the condition of China, the author give some suggestions. The author think we can divide this problem into three aspects and look as full-time work, overtime and let the labourer make a choice. In this way we protect the legal rights and interests, at the same time ,we also protect the activity of the employer.Part two is concerned about the form of labour contract. Labour Contract Law permit employer and part-time labour sign oral contract. The advantages of oral contract are it admit fact labour relation, then protect the labour's legal rights and interests, decrease the manage cost of employer; the disadvantages of oral is also very obviously, oral contract can't define the duty and the right between the two sides clearly on condition of dispute, this is not good for employer and labour. Nowadays, the labour is oversupply in China, the credit of market is low, labour standers is not perfect. So we can't adopt oral contract in China now. For this reason, the author think it is good for the both sides to sing the written contract. Furthermore, in order to avoid the damage of both sides if there is dispute the author give the employer and the labourer some suggestions when they want to sign contract.Part three is on the problem of social insurance. The aim of social insurance is to assure the labourer can get help and compensate of economy from the country and the society when he is old, silk or lost the ability to work. Social insurance relate to the steadiness and development of a nation, relate to each labourer's interests, also relate the future of part-time work. Now the social insurance of the part-time worker is very serious, many labourers can't be brought into the cover of social insurance, this isn't accord with the principle of protecting the labourer of our country. The social insuran-ce of the part-time worker has already become the focus of the academic circles and the .practical circles. So on the basis of analyse the reason of the part-time worker's social insurance, the author think we should strengthen the construction of social insurance law,adjust the social insurance policy and perfect the duty of the government, bring more part-time worker into the cover of social insurance.Part four is the problem of the trade union protect the part-time workers. The trade union is the organization of the labours., it's main duty is to deputize and protect the labourer's legal rights and interests. Now trade union can't protect the labourer well by reason of principle shortcoming, law shortcoming and it's own shortcoming. Then how to enhance the right of trade union? how to strength the power of trade union? how trade union protect the labour well? In the author's opinion the first step is to change the view of the labourer, let them know they can take part in and organize trade union, the second step is to give trade union more flexible abilities, let it can protect the labourer's rights, the third step is to decrease and free the cost of take part in trade union, finally the author give the suggestion about organize a trade union of part-time worker.