Research On The Legal Regulation Of Part-time Employment

With the wide application of computer and Internet technology make the enterprise business is more and more widely,creating more abundant types of professional and employment form,the part-time,flexible working hours and other flexible forms of employment become a reality.Compared with other countries,it is a little late to start the part-time employment form in China.From the perspective of legislation,there are only five rules for part-time labor in China,which is not specific and is not operable in practice.From the perspective of judicature practice,the workers who are not full-time workers can't find the right remedy when they are in dispute with the employer.From the academic point of view,at present many scholars to part-time labor problems put forward various Suggestions,but are too general,most of them are from part-time labor law,this paper analyzes the content of the five law respectively and the suggestion,and could not form system.Therefore,China's law should urgently need to make specific regulations on non-full-time labor,so as to better maintain the current labor market.This paper mainly introduces the legal regulation of part-time labor from four parts.The first part mainly introduces the theoretical analysis of non-full-time labor law regulation.According to the particularity of non-full-time labor,the positive effect of non-full-time labor on labor market is analyzed from its own conception,the reason and the background.Finally,according to the theoretical analysis of part-time labor,the general legal attributes and special legal attributes of part-time workers are obtained.This is a theoretical basis for the post.The second part mainly introduces the problems of non-full-time labor in legislation.This part is based on the theory of part-time labor,combined with labor disputes in the labor market,and raises specific questions for non-full-time labor.Mainly puts forward the issue of labor standards,and remove labor contract problem and the problem of social insurance,workers often in practice because of these problems in a dispute with unit of choose and employ persons,and workers can't get good protection.The third part introduces the legislative experience of non-full-time labor in foreign countries.This part analyzes the problems mentioned above by comparative analysis of foreign laws.Mainly introduces the representative of Germany and Japan,the provisions of the laws for part-time labor,two nations are specially formulated the alone about part-time labor laws,and regulations very detailed.It not only introduces the foreign laws,but also proposes the enlightenment to China's legislation.The fourth part mainly introduces the legislation proposal for part-time labor.This part is the most important part of the article,and it gives some concrete Suggestions through the questions and analysis.First of all,from the aspects of the labor standards about overtime labor regulation gives qualitative as well as to determine the specific content,about the labor remuneration to determine the minimum wage system and put forward the applicable principle of equal pay for equal work;Then from the labor contract and social insurance,the conclusion of the labor contract and the relief of the legal advice on the way of relief.