Research On The Endowment Insurance System Of Part-time Employment In China

Endowment insurance is one of the most important part in the social securitysystem. In addition to the basic general features for all social security, such as lifeprotection, maintain social stably and so on, it has it’s own unique irreplaceablefunctions, such as adjusting income distribution, coordination of intergenerationalrelations, and safeguarding social fairness and justice, to protect the basic living ofelderly workers. In principle, the endowment insurance system should cover all workers.With the continuous development of market economy, the labor market employmentpattern in our country has grate changes. The employment mode has changed into atemporary, individual, flexible working and other employment situations coexist, andthe "part-time employment" covers more and more workers. After the implementationof the "Labor Contract Law", an employee to participate the basic endowment insuranceis a prerequisite of the labor contract. But some enterprises don’t have standardizedemployment system, and use other means to circumvent corporate responsibility. At thesame time, the relevant legal provisions of the "Social Insurance Law" doesvulnerability of part-time employment in the enterprises in China, whose endowmentinsurance rights is not guaranteed, resulting increasing cases of labor disputes. In termsof part-time employment, because it is a relatively new thing, and its concept of avariety and diversity of their social relations, it is difficult to find a related monographon its special research. This paper attempts to study the present part-time endowmentpension insurance system in China and abroad, to improve the related legal system inChina. This paper is mainly from the following four aspects to study the issue.First of all, in the in the interpretation of the" Labor Contract Law" on the"part-time employment" definition, this paper insists that part-time workers andfull-time workers have the same endowment insurance, and based on their own socialdisadvantage, they should receive legal and policy tilt protection.Secondly, by the system introduction of China’s current system of part-timeemployment endowment insurance, we can find out that there is a large differencebetween the part-time employment and full-time employment endowment insurancesystem, which is completely contrary to the principles of the endowment insurance,which needs to be improved.Thirdly, the article uses comparative analysis of methods by researching in the endowment insurance system for part-time employment of China Hong Kong, Germany,Singapore, and Japan, to explore other related systems of national and regionalexperiences.Finally, by above research on related system in China and other nations and areas,combination in China’s basic conditions, with a view to better protection of part-timeemployment and pension rights, the author puts forward three suggestions: one is toestablish part-time workers forced paid endowment insurance system, two is to adjustthe paid rate of premium personal and Enterprise of part-time employment endowmentpension, three is to increase the punishment efforts on enterprise or individuals escapingthe responsibility of paying the endowment insurance.