Study On The Protection Of Part-time Workers' Rights And Interests

In recent years,part-time workers have been favored by more and more employers because of their flexibility and lower labor costs,and the related cases of labor disputes also increase.However,due to the lack of legal system in our country or the existence of general and other issues,resulting in different scales of court judgments,the rights and interests of part-time workers are not properly protected,such as the establishment of labor contracts,part-time employment can verbalize a labor contract,resulting in workers without effective evidence rights protection;termination of labor contracts,the employer can be at any time without any reason to lift the labor relationship,without having to pay economic compensation,resulting in the inability of workers' career stability rights;for part-time wages,the legislation only provides for the hourly minimum wage,while in practice the lower wage limit prescribed by law is becoming a safe haven for employers;for the part-time workers' annual leave entitlement,there is no law,some local documents directly exclude part-time employment from the scope of paid annual leave;as for part-time social insurance,the law does not require compulsory payment,and the regulations in various provinces and municipalities are not the same,which makes the participation of part-time workers preservation rate is low.In summary,the law has very different articles between part-time and full-time employment,but are these special provisions reasonable? In addition to the special provisions of the law,are there other reasons why the rights of part-time workers cannot be effectively protected? For part-time employment is rising form of employment,how to play its flexibility while protecting the legitimate rights and interests of workers? Analysis and solution to these problems is the focus on this article.In addition to the introduction and conclusions,this article is divided into five parts:The first part,part-time labor referee status quo and problems raised.The author searches for disputes concerning part-time employment between 2013 and 2017 in the Beijing University of Science and Technology,Beijing University of Information and Information Technology Co.Ltd.,and counts the number of disputes,the status of appeals and retrials,and the main dispute types of part-time employment,summarize the current status of part-time workers.Compared with full-time employment,the law makes special provisions for part-time employment,but the effect of such a stipulation is unsatisfactory and doubtful of itsrationality.The second part is the identification of part-time workers.Due to the large differences in the treatment of full-time and part-time workers prescribed by the Labor Law of China,which constitutes a negative incentive for employers to disguise full-time workers as part-time workers,the determination of part-time workers determines labor.Their special status in labor law,which in turn affect the protection of their rights and interests,so the standard of its determination is of crucial importance.However,there are still many disputes in judicial practice and theoretical circles in our country.This article explores relevant disputes in China by drawing lessons from the criteria for the recognition of foreign part-time workers,and puts forward suggestions to unify the idea of referees.The third part is the status quo of the infringement of the rights and interests of part-time workers.According to the first part of the statistics of part-time employment cases of frequent controversial issues,from the form of unreasonable labor contract,the lack of dismissal protection,unreasonable salary,the annual leave is not guaranteed,the social security rate is low,these five aspects expounding the phenomenon that the rights and interests of part-time workers can not be guaranteed,revealing the unreasonable existence of our law.The fourth part,analysis of the causes of infringement of the rights and interests of part-time workers.First of all,in terms of legal provisions,part-time labor legislation is too concerned about flexibility,so that the right of occupational stability of part-time workers is gone;violation of the principle of equal treatment,part-time workers in wages,annual leave and other aspects,there is a long way to go to full-time workers;the protection of the collective rights of part-time workers is inadequate and the working conditions are not guaranteed.Second,the employers' sense of social responsibility is superficial.In order to reduce the labor cost and adopt a differential attitude toward full-time workers and part-time workers,the employer does not pay attention to safeguarding the rights and interests of part-time workers.Finally,from the point of view of the composition of part-time workers,their work skills are poor,labor is not irreplaceable,and there are many concerns about rights protection.In the fifth part,the legal countermeasures for safeguarding the rights and interests of part-time laborers.Responding to the questions raised in the third part and the fourth part,by referring to the matured legal provisions outside the territory and combining with the specific conditions of our country,the writer propose legal countermeasures in the following fiveaspects: first,improve the labor contract form;secondly,strengthen dismissal protection;thirdly,improve labor conditions legislation,introduce equal treatment principles,improve the standards for wage payment for part-time employment,and related provisions for rest and vacation;fourth,improve the social insurance system for part-time employment and establish social insurance rules that match those of part-time employment.;fifth,strengthen the protection of the collective rights of part-time employment workers.