Research On The Legal Problems Of The Part-Time Employment

As a new form of employment, part-time work is favored by a growing number of employers. Part-time employment in China started relatively late compared to other developed countries. In practice, the laborer rights and interests are harmed emerge in endlessly, which due to part-time employment constraints is not very perfect and special legislation is relatively small compared with the system of laws and regulations of other countries. In this paper, the legal problems of the part-time employment are carried on the deep discussion and research.First of all, starting from the basic theory of part-time employment, part-time employment definition is simple analyzed involving home and abroad. The cause of part-time employment, the significance of the development and the characteristic of the part-time employment are analyzed individually. On this basis, the main six part-time employment characteristics are carried on through simple comparison and analysis. It can be cleared that the development of the part-time employment not only can satisfy the need of the economic development of our country, solve the labor costs of enterprises in the production management, promote the surplus labor obtain employment and again obtain employment, but also can protect the legitimate rights and interests of the laborers.This paper puts forward four aspects of the present problem in part-time employment, combining with the current legislative situation in our country. The status of part-time employment workers is inequality, and laborers stand in a passive position. There is rarely good system mechanism of resolving disputes for part-time employment because of the too simplification of part-time employment contracts. Reasonable provisions are absence in laws and regulations on the question of compensate for laborers and employers, when the rescission or termination of the contract comes out. The allocation of burden of proof is fuzzy, which increases the difficulty of solving the dispute on both sides of employment.Finally, solutions and discuss are proposed responding to the problems. Some reasonable suggestions and comments are putted forward to improve the part-time employment system in China. The first are to establish an equal protection system of dismissal for part-time employment laborers, refine the measurement standards of part-time employment hourly workers, and verify the payment of social insurance obligations of the employers. Conclude the safeguard legal system in detail according to the characteristics of part-time employment contracts in China. There are two reasonable suggestions for the rescission or termination of the contract of part-time employment. Firstly, refine the processes for rescission of the part-time employment contracts. Secondly, put forward provisions for termination of labor contract and compensation issues of the part-time employment. Elaborate the labor contract of the part-time employment about the burden of proof in the labor dispute, which can’t simply copy the relevant concepts and regulations in civil law.