Research On Minimum Wage Security Of The Part-time Emploment

Livelihood issues is always the common aspiration of the people, as the report inthe18thNational Congress of the Communist Party of China, improving people’swellbeing must be focused on ensuring and improving people’s livelihood, it meanslearning to teach, making work pay, the sick having access to medical, the elderlytaken care of, and everyone has a home. With the constantly prosperity anddevelopment of China’s market economy, the form of labor employment is tending tobe diversified in type. The part-time labor form with low labor costs and flexiblecharacter is widely used by employers in today’s society, especially in the catering、entertainment、service industry, etc. Followed by a series of social problems and legalissues such as the identification of the part-time students, prolonging the labor timeby employers, the illegal remuneration paid by employer, etc. The existence of theseproblems is not conductive to the realization of the laborers’ legitimate rights andinterests, but also not conductive to the development of part-time labor form at thesame time.There are principled regulations about part-time labor form in our relatedlegislations such as legal concept, form of contract, probation, termination ofemployment conditions, and the provisions of the salary payment. The legal circlesabout labor law have a preliminary study about this, although there are certainpositive meanings on the development of part-time labor form, but not enough tosolve the practical problems. To explore the system of minimum wage security of thepart-time employment, which is beneficial to protect the lawful rights and interests ofworkers, promote the healthy development in the form of part-time labor.According to the overall thinking of “ask questions-analysis problem-solve theproblem”, this paper analysis some social problems based on the “western fast food inlow wage” issues, and then positing the problem caused by the incident from theperspective of social law. In the process of writing, using logical analysis method toanalyze related laws in China; Applying the method of hypotheses to analyze specific issues of assumptions, and conclusions; Applying the method of hypothesis to analyzespecific issues and come to the conclusion; Applying the method of comparative toanalysis the differences of the implementation of the model of the minimum wagesystem between China and many other countries, which is conductive to found ourcountry and other countries of the minimum wage gap, and the improvement of theminimum wage protection system in our country.The breakthrough point of the issue is “western fast food in low wages” event,the center problem of this issue is part-time labor workers’ wages and working hours,this issue is the typical events about minimum wages of part-time labor. The behaviorof the western fast food shop in this issue not only violates the relevant laws andregulations in our country, but also triggered some social issues such as the status ofthe part-time students, the income gap between the laborers, prolong the workinghours problem, the low wages paid by hours, etc.After coming up with the questions, giving legal position on these issues, andgiving a concrete analysis. This paper analyses in some aspects from the concept ofthe laborers, scope of application. There is a view shows that part-time collegestudents belong to the category of “laborers”, and they should apply to the system ofminimum wages security. In this paper, by means of hypothesis and analysis of thepros and cons of each hypothesis, think that the part-time labors do not apply theprinciple of equal pay for equal work. However, specific labor remuneration shouldrefer to a certain percentage of the wage of full-time employment. By comparing twokinds of processing extend working hours of wage payment. That according to theregulations of the full-time employee to work overtime wages treatment, and workingovertime. It is supposed that it is more appropriate to be calculated based on thelaborer hourly wage standards. Finally, through the comparative analysis of Chinaand other countries in the implementation of the minimum wage system model, itshows that the shortage of China’s current practice of single regional patterns stillexisting.After giving corresponding law orientation, the author puts forward somesolutions to solve the problems in social law which mentioned above in this paper.First of all, part-time college students should be included in the applicable scope of the main body of the minimum wage. Secondly, the minimum wage shall beformulated by labor right for idea. Thirdly, employer can not prolong labor’s workinghours blindly, they should strengthen the legal regulations of the extension of thepart-time labor hours. Fourthly, the national unified standard of the minimum wagestandard should be enacted, each province should be formulate the minimum wagestandard based on this standard. Fifthly, is to ensure that employer pay the laborreward on the basis of hour minimum wage standard, earnestly safeguard thelegitimate rights and interests of laborers.