A Research On Legal Protection Of The Labor Remuneration Rights Of Part-time Workers

In recent years,with the development of the socialist market economy and the adjustment of the industrial structure,part-time employment as a flexible form of employment has rapidly spread.It not only meets the actual needs of enterprises to reduce labor costs and workers to choose their own jobs,but also realizes the flexible configuration of labor,which is conducive to promoting employment and alleviating the contradiction between labor market supply and demand imbalances.However,while part-time employment is developing rapidly,it also brings some problems,the most important of which is that the labor remuneration rights of part-time workers are not fully guaranteed.Labor remuneration is the basis and source for meeting people's basic material needs and improving living standards.Protecting part-time workers' labor remuneration rights is not only related to the fundamental interests of workers,but also to the overall development of part-time employment and the construction of harmonious labor relations.The main reason that part-time workers' labor remuneration rights are vulnerable is the lack of legal protection.Chinese legislation currently adjusts them only in terms of employment time,remuneration methods,and the payment cycle of labor remuneration.The content of the legal provisions is too principled,making it difficult to adapt to the complex and changing realities.For the right to negotiate labor remuneration based on the hourly minimum wage standard,the current standard only considers the differences between regions and does not take into account the differences between industries.The constituent elements of the hourly minimum wage standards in various regions have not been agreed,leading to the lack of reference benchmarks when negotiating hourly pay standards.With regard to the right to claim for remuneration,there are certain obstacles to the application of the principle of equal pay for equal work in part-time employment,which prevents part-time workers from obtaining equal protection of the law.The existing law does not deal with the payment of part-time workers 'remuneration for extended working hours,and it is difficult to adapt to the reality of part-time labor.As for the right to dominate labor remuneration,the law adopts an integrated protection model for the issue of wage payment when rescinding the contract for part-time and full-time employment,which poses a certain threat to the right to dominate labor remuneration for part-time workers.As for the relief of labor remuneration rights,the law only stipulates the method of handling disputes with reference to full-time employment,which lacks pertinence and operability.To improve the legal protection of labor remuneration rights for part-time workers in China,the law should clarify the constituent elements of hourly minimum wage standards and establish a parallel system of local and industry hourly minimum wage standards as the basis of the right to negotiate labor remuneration.The law should also establish Equal Treatment Principle to solve the problem of obstacles to the application of the principle of equal pay for equal work in part-time employment.At the same time,it should distinguish the payment of labor remuneration for overtime employment in different situations based on specific overtime employment hours,thus providing the system basis for the right to claim for labor remuneration of part-time workers.Besides,the law should stipulate that employers should pay part-time workers a full payment of labor remuneration in one-off when the labor relationship is eliminated,in order to prevent the workers from arbitrarily canceling the labor contract to threaten the right to dominate the labor remuneration of part-time workers.At last,the law should strengthen labor inspection to fully exert its administrative effectiveness,and improve the distribution of the burden of proof for recourse to labor remuneration disputes.Thus it can ensure that the administrative and judicial relief can effectively protect the labor remuneration right of part-time workers.