Legal Regulation Of Concurrent Post

The personal property of the traditional labor relationship has the characteristicof simplicity. One worker can establish only one labor relationship with oneemployer. The long-term existence of the planned economic system in our countryalso makes the labor relations exist for a long time.“Single labor relationshiptheory” has become the mainstream theories in Chinese labor law study. But after thereforming and opening up in our country, with the market economic systemgradually established, the labor resource was gradually allocated by the market. Withthe change of the mode of production and the working hours system, theemployment pattern presents the characteristics of flexibility and diversity, makinglaborer can engage in two or more professional jobs at the same time, whichprovides a space for the emergence and development of concurrent post.Concurrent post not only can meet the demand for flexible employment ofemployers with increasing the income of workers, but also can optimize theallocation of labor resources with promoting employment. It has become aubiquitous non-standard labor relationships. At present, the current legislation ofconcurrent post legal system in our country is not perfect; Academia in concurrentpost legal status also has not formed a unified point of view. In terms of concurrentpost’s inherent value and its development trend, this article argues to clear anddefinite the legitimacy of concurrent post on legal status, and to publish the relevantlegal system for concurrent post behavior so as to solve concurrent post problems inoperation. It is of great significance to perfect the legal system of labor, safeguardthe legitimate rights and interests of parties and to promote the economic and socialdevelopment.This article will discuss the regulation problems of concurrent post theory fromfour parts, and put forward some suggestions to perfect our concurrent post legalsystem:The first part defines concurrent post as a laborer who is in a certain period employed by more than two employers in dual or multiple gainful occupation labor;It also introduces the concept and the characteristics of concurrent post. This partdemonstrates that concurrent post will meet great prospects for development in ourcountry by studying concurrent post’s formation in our country and the changes oflegal status. According to the provisions of the current labor laws in our country,this part classified concurrent post into two types: the full-time employmentconcurrent post and the part-time employment concurrent post.The second part discusses the legal status of the part-time labor in theory. Itsummarizes the different academic views on concurrent post, introduces the differentscholars’ views about the legal status of concurrent post and summarizes the threemain views: Negation Theory, Relationship Theory, Parallel Relationship Theory.This part points out the Negation Theory and the Relationship Theory’s defects anddeficiencies and the reasons that author agrees with the parallel Relationship Theoryby analyzing these three views; Meanwhile, it puts forward an idea that a number oflabor relations in concurrent post should coexist in the same legal status, and theyshould not be divided into primary and secondary.The third part is on the analysis of feasibility and necessity of the legalregulation of concurrent post. In this part, the author analyzes concurrent post’ssocial basis of existence in our country and its social value, points out that toregulate concurrent post in law and to ensure it orderly develops have positivesignificances for society. At the same time, this part also introduces the foreignlegislation experience for concurrent post in order to provide some guidance for theestablishment of legal regulation of concurrent post in our country. Then it analyzesthe problem of our country’s legal system of concurrent post, points out the necessityof concurrent post law regulation.The fourth part put forward concrete suggestions on regulations of the full-timeemployment concurrent post and the part-time employment concurrent post,according to the preceding part of the thesis. This part points out that the emphasis ofregulation of the part-time employment concurrent post is to strengthen theprotection of the legitimate rights and interests of workers, and the emphasis ofregulation of full-time employment concurrent post is to clear and definite the legitimacy of full-time employment concurrent post on legal status, and to publishthe relevant legal to protect the legitimate rights and interests of the parties. Finally,this part put forward concrete suggestions according to the related issues inconcurrent post.