Protection Of The Rights And Interests Of Part-time Labours

Part-time employment is a flexible form of employment，mainly exists in the thirdindustry, also is popular in the employers and the laborers because of its low labor costs，flexible working hours.It not only meets the demand of flexible employment and self–employment, eases the contradiction between the serious imbalance of supplying anddemand of labor, and also becomes an important way for countries to promote employment.The legislation of part-time employment in China overemphasizes the employment flexibility,while ignoring the security of part-time employment, the rights of part-time workers areseriously damaged. Therefore how to emphasize the part-time employment flexibility andprotect the legitimate rights and interests of part-time workers at the same time, should beconsidered for the relevant legislation.The structure of this paper is as follows:First of all, there are four parts in this paper besides the introduction and epilogue. Thefirst part of the article defines the conception of part-time employment theoretically, and thepositive significance of the part-time employment for the target of the flexible employmentcompared with the full time employment, which acts an important role in the promotion ofemployment, meet different needs to workers.In the second part of the article describes the remuneration, rest and vacation, contractand other aspects of the relationship between the damage to the interests of the part-timeemployee and its characteristics, and discusses the reason why rights and interests of part-timeworkers are infringed theoretically, practically and legislative technologically. Among them,the interests of part-time workers suffer mainly as follows: lack of protection when the workends, labor contract form can not achieve the purpose of protection of workers’ rights and soon. The reason is mainly due to China’s legislation on the definition of part-time employmentis unreasonable for part-time labor and lax regulation.The third part discusses the definition of part-time employment of foreign theory andlegislation and measures on the protection of part-time workers, and connecting with thepresent situation of legislation in our country discusses the enlightenment of extraterritorialprotection of workers’ rights and interests of part-time employment system, that we should notonly attach importance to the development of part-time employment, to make efforts for the protection of workers, we should also make the equal protection becomes the basic principleof legislation.After the completion of the theoretical groundwork, reviewing the overseas and domesticreality, the fourth part focus on returning to our part-time employment system. In the designof full time employment law path in China, uphold the principle of decent work and equaltreatment, and in view of the existing unreasonable definition of part-time labor, and part-timework time is not normative, and security problems of part-time worker, it is necessary toimprove legislation technology and to make a scientific definition of the part-timeemployment, and take a number of measures from the legislative, administrative and otheraspects to improve the level of social security of part-time workers.