The Legal Regulation Of Part-time Labor

In recent years,the employment of Labor market have a huge change.the flexible employment pattern come into people’s mind and changing their life quietly.part-time labor has been developed step by step,and then become a normal form in the Labor market.However,challenges co-exist.with opportunities,traditional mode of employment with single labor relations has stimulate contradiction between the protection of the rights and interests of laborers.Influenced by the traditional labor relation theory,part-time labor often considered as an illegal labor relations and the legitimate interests of the part-time workers also is difficult to be protected,in practice,the concept of labor relations and labor relations are more and more fuzzy,"There are no law to go by"is the biggest problem of part-time labor protection in our country.Therefore,this article designed to use an example of judicial case caused by the part-time labor disputes to lead to the thought and study of part-time labor law regulation.The first part of article is mainly discussing the situation of juridical practice about part-time labor and the necessity of our part-time labor law regulation,which leads to the thinking of part-time labor law regulation.The second part of article is mainly discussing the current legislative situation and protective measures about.part-time labor legal regulation home and abroad.It analyze and contrast the situation of part-time labor legal regulation in "labor contract law" and regional laws or departmental regulations as the eye on part-time labor protection of international Labor Organization and external nations,which provide the worthy experience for part-time labor law regulation system design in China.The third part of article is mainly discussing the views of domestic scholars about part-time labor law regulating and legal relationship.Mainly contain "complete prohibition theory" "Service Relations theory""actual hiring relation theory""primary and secondary relations theory"and "Sure and specification theory",which inspire us to talk about the further regulation about the part-time labor legislation in our country.It is concluded that we must break through the traditional mode of employment concept of labor relations,creatively use the realistic logic to work out part-time labor law regulation actively.The fourth part of article is mainly discussing the current problem of part-time labor law regulation in our country and the basic principle should we follow during regulation.Which puts forward some suggestions about the part-time labor law regulation in our country.First of all,to realize the difference between the legal part-time and illegal part-time regulation,only legal part-time labor should be protected.Second,improve the "labor contract law" need to regulate the things like the establishment and termination of the part-time labor relations besides,maximum working hours,minimum wage protection regulation and the problem of wage payment should be take into consideration too.Furthermore,to perfect social insurance system,we need to make sure that part-time workers are enjoying full and equal social insurance treatment and specify the obligation of employer to participating insurance for part-time workers.