Empirical Research On Part-time Employment Endowment Insurance Legal Issues

With the rapid economic development, China has entered the critical period of transformation. Constantly optimizing and upgrading of industrial structure, prompts the labor type of our contry to take place great changes, the scale of part-time labors is in constant growth. With the part-time employment endowment insurance legal issues increasingly prominent, such as the existing part-time part-time employment endowment insurance is based on the original full-time employment endowment insurance, the problem is that using this idea of applying to part-time labors policy lacks certain rationality, exist many problems. Part-time labors compared with full-time labors have characteristics like lower income levels, the worse work environment, have the great risks, the work is not stable and poor social security treatment, so they are social vulnerable groups. How to solve these problems, for the construction of the social security system in our country, realizing a complete coverage of social security, realizing the new situation of old to keep is of great significance.This paper is according to Labor Law, Labor Contract Law, Social Insurance Law and other laws of the basic theory and methods and the relevant laws, regulations and policies, doing the the empirical analysis based on the actual situation of our country’s part-time employees, combining theory and empirical analysis, to do the research of our country’s part-time employment social insurance legal issues. This article is divided into five chapters. The first chapter, the author through the Chinese net written judgment, query for screening of typical cases, Mr.XU and Shanghai amateur sports school part-time labor dispute, through the introduction to the case, to find the existing problems, which leads to the purpose of this article. The second chapter, the problem of case involving, combining theory has carried on the detailed elaboration. Including the meaning of part-time labor’s characteristics, part-time labor’s definition of endowment insurance system, the comparative analysis of the difference between the part-time labor and part-time employee, to avoid the confusion of the concept, come to the conclusion that Mr.XU is a part-time labor. The third chapter includes the analysis, concept, the legislative status and the outside of the legislative status, and come to the conclusion that Shanghai amateur sports school did not pay for Mr.XU is clearly not legitimate. The fourth chapter analizes the part-time employment endowment insurance dispute whether can be in civil proceedings, and come to the conclusion that the court can accept the part-time employment endowment insurance litigation. The fifth chapter puts forward the ideas and suggestions for the shorts, for example, perfect the part-time labor worker endowment insurance system of legislation, adjust the pay scale, and through the reform of social insurance tax to solve the problems of pay hard.