Study On The Legal Problems Of The Part-time Employment

In modern times,the employment situation becomes very grim,because the reform ofChina’s industrial structure results in more industrial unemployment,and in fact thenatural population in our country is very big and grows fast. As a way of flexibleemployment, part-time employment can provides us with lots of employmentopportunities, improve the living standards of worker, satisfy the flexible demand ofemployer and laborer, and it’s also positive to enhance employment. However, theorientation of the Labor Law tend to stimulate the development of part-timeemployment,while correspondingly ignore the protection for the part-timeemployees,which would no doubt reduce the quality of employment,and have nobenefice to formulate stable and harmony employment relationship.This paper is basedon equal treatment, and achieve equal pay has been consistent throughout. It is dividedinto three parts, and I make a more thorough research for part-time labor.The first part stimulates the foundation of Part-time job. As a way of flexibleemployment, part-time labors worked less time than full-time labor. Due to flexibility,they can meanwhile provide labor service by making a series of labor contracts withmore than one company. In this part, I analyze the definition an characters of part-timeemployment, the differences between part-time jobs and relevant concepts, and theorientation of Labor Law ignore the protection for the part-time employees because ittends to pursuit the development of part-time employment. The principle of equaltreatment for the employing units in the working time, rewards, rest and vacation,termination of employment, social security and other issues，the employers have anobligation to give part-time workers and full-time workers equal protection.The second part analyze the present situation of part-time employment. Althoughpart-time employment develops fast, the law is still lags behind and inadequate. TheLabor Contract Law only by simple and principle articles to regulate part-timeemployment issues, but in reality employing units often finds a way to go against lawact differently, the interests of part-time workers are easily invaded. In this part, I detailall kinds of existing problems of part-time jobs, like absence of written labor contract,overtime work, wage inequality, the unequal treatment when workers terminated thelabor contract, lacking of social security.The third part gives some suggestions for improving the system. Foreign countriesattach importance to the development of part-time employment by establishing par-time workers legal status, and effectively protected the interests of part-time workers. Bydrawing on the advanced experience of developed countries, I put forward the followingseveral aspects of suggestions. For example, the contract should be in writing, theemployer should pay overtime works wages, and we should control the employees’authority to terminate a contract, take measures to improve the social security ofpart-time employment.