On The System Of Part-time Employment

Part-time employment is a form of flexible employment. It's the result of rapid economic development of China's market. The situation of employment is becoming more and more serious. So, more and more people choose a flexible employment. Among these so many flexible employments, Part-time employment is welcomed by the employers and workers, because of its low costs and flexible work time's.Also for the freedom of each person's full development of a comprehensive foreshadowed. It's easy for the employer to manage and cost lower. Part-time employment chooses their own jobs by themselves and is opting to be employed. In alleviating the employment pressure it plays a good role at the same time, which is undoubtedly one for the national good. But the part-time work rise late and develop slower than other developed countries, so there is a disparity between China and other developed countries, In China provisions of the legislation about part-time employment is just outline-style, 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 laborer's legal rights and interests, on the other hand it is not good for the development of employer, It's necessary for us to make detail provisions. the academic circles have focused on this problem.In this paper, the author choose four prominent problems:the question of work time, the question of the forms of labor contract, the question of social insurance and the question of protect rights of trade union.From the comparison of Chinese and foreign theories, comparison of full-time and part-time to ask questions; from the reality to analysis the problem; finally put forward own proposals.This article is divided into four parts:Part one is about work time.work time is very important for both employer and laborer. Because he effectively relates to the legitimate rights of workers, such as the amount of wages, rest right, and profit of employer's. Exceed work time of full-time employment is treated according to the law, but forced overtime in the real world is serious, and does not pay,the phenomenon can be found here and there. For such a new thing part-time employment, it's controversial in academic circles. Should overtime work be treated as part-time employment or full-time employment? Full-time employment for all employers tries to avoid overtime pay, For provisions of the labor time of part-time employment in the end what is reasonable? From the comparison of full-time and part-time the author ask question; from overtime work of full-time employment and part-time employment he analyzes problems, combined with the practice of foreign countries he tried to find the answer, and finally put forward his own views points, we can divide this problem into two aspect:full-time employment and overtime work.The second part is for the form of labor contract, "Labor Contract Law" permit employer and part-time labor sign oral contract and written contract.From the comparison of the form of labor contracts, we can see that foreign country tend to enter into a written employment contract, although it is more perfect on the Labor Standards Law and the market credit is high; from full-time employment and part-time employment of the reality of the signing of labor contracts, we can see that tend not to sign labor contracts. This paper analyzes the basis of existence of oral contract, Written and oral contract both have the advantages and the disadvantages, At present why we shouldn't take the oral form, the author give us the reason, based on this I think, for part-time employment, the contract period can't reach one month, unless workers required to sign a written agreement, verbal agreement can be signed. The author gives the employer and the laborer some suggestions when they want to sign contract.Part three is for the social insurance, citizens have social insurance, it is the "Constitution" requirement, the reality is that most of our citizens lack of social insurance since reform and opening up three decades. Part-time employment is concerned; they largely left out of outside the social insurance system. Apparent cause is lack of awareness of social insurance, the law and regulation is absence, actually the original concept and the system about social insurance designed unreasonably. New farmer's insurance has social inclusion. New farmer's insurance and old-age insurance for urban residents will carry out together.It is provided in the forthcoming "Social Insurance Law," old-age insurance for urban residents has also been incorporated in "Twelfth Five-Year Plan". For the reasons, contact the comparison of Chinese and foreign social insurance; the reality of social insurance pay for full-time employment status. The author pointed out that part-time employment for social security should rely on universal coverage of social insurance, improving the social insurance legislation, designed two-level part-time employment of social insurance, to speed up the implementation of mandatory and voluntary deal with the relationship.Part four is the problems of the trade union protect the part-time workers. Compared the status of foreign rights we can see that the formation of the system is different from foreign trade unions, foreign are spontaneous, China are exogenous, given China's own characteristics, we have to be loyal to China's national conditions, from the reality we construct the trade unions of our own national conditions. Building innovative trade unions socialized trade union, improving the legal awareness of laborers, decreasing and free the cost of taking part in trade union.