The Protection Of The Rights And Interests Of Workers On Part-time Employment

In twentieth Century, the late70’s, with the rapid development and wide application ofnew and high technology, all countries in the international market competition is increasinglyintense, its industrial structure has undergone great changes, the most obvious feature is thethird industry accounted for the proportion in the national economy rising. This change inindustrial structure puts forward new requirements on the form of employment, emerge as thetimes require part-time employment in this context. As a flexible form of employmentpromotion, countries all over the world in recent years, part-time employment has been therapid development in our country, especially with the competition in China’s labor market isincreasingly intense, non full time employment more workers and enterprises of all ages,part-time employment staff accounted for more than2/3of all personnel of flexible obtainemployment, the main distribution in restaurants, supermarkets, community service and otherfields. In order to better regulate the new labor relations, our country in2007promulgated the"labor contract law" on the non full time employment issues related to the provision, it alsomarks the formal employment form by Chinese legal affirmation. However, this method onlyfive provisions made regulation of part-time employment. The non full time employment insome developed countries in the world started earlier, development speed is faster, in contrast,the non full time employment is still a new thing in our country, the laws and regulationsmatched are lacking, leading to part-time workers legitimate rights damaged into lawlessnessembarrassment. In addition to the lack of legislation, occurs in the social life of the non fulltime between the worker and the employer of labor dispute cases, due to the flexibility ofpart-time employment and discontinuity for the employer to an opportunity, make thepart-time workers in their rights and interests are damaged when no method to find thesuitable way of relief. Therefore, our country should take active and effective measures of ourpart-time employment system for continuous improvement, in order to fully and effectivelyprotect the non full time employment the legitimate rights and interests of workers, andpromote the healthy development of the non full time employment system.Safe guarding the rights and interests of this paper mainly from the four aspects of thecatering industry of Urumqi City part-time employment of workers to do the research andinterpretation. The first part mainly expounds the basic theory for non full time labor involved, first theconcept of non full time labor to do the interpretation and the characteristics of the non fulltime employment is explained briefly, analyzes the difference of part-time employment andfull-time employment. Secondly, discusses the background and reasons for the rise ofpart-time employment and promote the significance of non full time employment.The second part is the comparison and analysis of the non full time employment legalsystem of the country. The international labor organization, Holland, Britain, Germany,Taiwan and China Chinese about non full time labor legislation is introduced, combined withthe specific content of the legal regulation of non full time labor analysis done. Among them,the British "prohibited discrimination law" provides a good solution to solve problemsrelating to the non full time employment, Germany and Taiwan regulations on the protectionof part-time workers are worthy of our reference. These international organizations andcountries have taken a series of measures to promote part-time employment, it is worthlearning.The third part is the analysis of the present situation of the catering industry of UrumqiCity part-time employment and legal problems. Mainly discussed from two aspects. The firstis the Urumqi City part-time workers employment situation and the legislative status quo offull-time workers, non Urumqi city minimum wage standards, labor time, social insuranceand other content, on the Urumqi City part-time employment situation made further analysis;second is to find out the catering industry of Urumqi city and the use of non existence offull-time employment the management system of the problem, such as overtime problems,non full time labor abuse, hour minimum wage standards too low, low participation rate.The fourth part is the Countermeasures of protection of the catering industry of UrumqiCity part-time employment rights and interests of the workers. This part mainly from the threeperspectives of legislators, law enforcement and compliance in the catering industry ofUrumqi City part-time employment problems, how to protect the rights of part-time workersand put forward corresponding countermeasures.