Research On The Legal Problems Of The Part-time Employment

With the constant development of china market economy, accelerated adjustment of industrial structure and economic structure, Share of tertiary industry in China has grown continuing. Because of low labor costs and flexible working hours, part-time employment as a flexible form of employment, is favored by employees and employers. As part-time employment plays an important role in expanding employment opportunities, reducing labor costs, easing of labor-management conflict, preventing the escalation of conflicts between labor supply and demand, the government encourages the development of part-time employment also. At the same time, the demand for the quality and skill of part-time workers is not high and choose to enter the form of part-time employment is not difficult. More and more workers will become a part-time employee, especially in the current reality of our labor market conditions, the workers are not with high quality and the labor force is over-supplied, the scale of part-time employment will expand. Part-time employment has made an important contribution to the economic development of our country. It absorbs a large number of workers and alleviates the enormous employment pressure. It provides a wider space for workers and improves the skill of workers objectively. It enhances the quality of workers and satisfies preferences and freedom of some workers. But one thing can not be ignored is that the start of part-time employment in our country is rather late. Compared to other developed countries there is still a gap. Legislative technique has defects and lack of specialized legislation for part-time employment. In practice, legitimate rights and interests of part-time workers was easily abused, low pay, poor working conditions, lacking of social security, having no equal legal protection as full-time workers. On one hand, this is not beneficial to protect the legitimate rights of part-time workers'and dampens the enthusiasm of them. On the other hand, it is not conducive to harmonious and stable labor relations. Thus it is not conducive to the healthy development of part-time employment and has a negative impact on economic development. Therefore, it is necessary to make in-depth research of law issues of part-time employment. Through good system design to protect the part-time employment have a good growth. I study on the definition, rise, value, legal regulation and improvements, and other aspects of part-time employment. The article consists of three levels to build the point of protecting of rights of part-time workers.Firstly, make a clear definition of part-time employment. Clear definition of part-time employment is the premise to research the part-time Institution. Compared with the definition of part-time employment in law between our country and other countries and regions, It will be found that there is a deficiency in defining the concept of part-time employment in our legislation. Accordingly, a clear awareness and understanding are obtained and a solid foundation for making a more in-depth is laid.After the clear definition, it is necessary to have a deeper analysis to the rise of the part-time employment system. Consist of the legal reasons for the rise of part-time employment system and the value analysis of part-time employment system. From the background reasons for the rise of part-time employment system to proceed, a separate study on different legal responses to the rise of part-time employment system across the world and in our country is done. Second, a more comprehensive value assessment on part-time employment system is conducted.Finally, it is mainly about the problems of legal regulations and improvements of the part-time employment in our country. This part mainly includes four aspects: Equal protection of part-time workers, the form of labor contract, social insurance and rights protection of the labor union. In this part, by introducing and analyzing problems, the author puts forward thinking and suggestions for settling the problems. The purpose is to protect rights of part-time workers more scientific and to promote part-time employment to develop more healthy, harmonious and stable.