Research On The Protection Of The Rights And Interests Of Part-Time Laborer

At present, with the prosperity and development of part-time employment in China, the quantity of part-time laborers increases constantly, which is accompanied by the frequent occurrence of infringement of part-time laborers’ rights and interests. The construction of harmonious labor relations as well as the comprehensive protection for part-time labors was definitely proposed on the Eighteenth National Congress of the Communist Party of China. The realization of comprehensive protection of part-time laborers’ rights and interests is a key link of the construction of harmonious labor relations, which is conducive to economic progress and the sound development of society. Therefore, it is necessary to analyze the reasons for the infringement of rights to perfect the countermeasures of protecting the legitimate rights and interests of part-time laborers.This study mainly adopts the methods of comparative analysis and case analysis to study this topic: first of all, through retrieving cases of labor disputes of part-time employment in the website of Lawyee, cases are studied by analyzing the details of cases and the focuses of disputes and summing up existing acts of infringement of part-time laborers’ rights and interests. The premise for the protection of part-time laborers’ rights and interests is to understand the forms of infringement. Secondly, comparative analysis method is adopted to summarize the legal provisions of International Labor Organization, Japan and Germany on part-time employment, thus understanding their attitudes towards part-time employment and their special rules to protect part-time laborers’ rights to perfect the legislation of protection of part-time employment.Through research, this article draws the following conclusions: first of all, there are mainly six kinds of infringement acts with part-time workers’ rights and interests in China, including abuse of part-time laborers, differential treatment, non-compliances of stipulations on payoff, unguaranteed rights to rest and take a holiday, low rates of social insurance and poor stability of part-time employment relationship. Secondly, the reasons for the infringement of part-time laborers’ rights and interests can be divided into three aspects, namely, employers, laborers themselves and the deficiencies of legal provisions.In conclusion, the perfection of legislation and strengthen supervision is necessary for the protection of part-time laborers’ rights and interests. In the author’s opinion, the perfection of relevant legislation is the main mode of guaranteeing part-time laborers’ rights and interests. First of all, the value of legislation must be relocated, that is, the legislation of part-time employment should aim at protecting the interests of laborers, at the same time, flexibility of part-time employment should be considered. The construction of relative system should be built around the legislation value. Secondly, the principles of equal treatment should be introduced in legislation to prevent the occurrence of discriminatory treatment. Thirdly, the labor contract system of part-time employment should be perfected, and labor contracts should be concluded in written form, at the same time, the employer has the duty to list the part-time laborers’ core rights and the relative rules. Fourthly, the system of social insurance law matching part-time employment should be established, and the part-time laborers must be included in social insurance. Furthermore, the trade union system should be perfected and it should fully kick in the protection of part-time laborers’ rights. Entitle the part-time laborers rights to transform into full-time laborers, and matching measures should be established to guarantee the rights to become true. Besides the perfection of legislation, the supervisory role of the country and the society should be exerted.