A Study On The Legal Problems Of Part-Time Laborers' Social Insurance

In the field of social insurance for part-time laborers in China,national legislation is in a vacant state.The different practices of the provinces have led to the division of the social insurance of this special group.This not only damages the personal interests of part-time laborers,but also has a negative impact on the employers.This paper hopes to study the social insurance of part-time laborers,and make a contribution to improving the relevant laws of social insurance system.This paper is divided into three parts:The first part is an overview of part-time laborers' social insurance.Any part-time laborers discussed in this paper refer to those who spend less time than full-time workers,and mainly paid in hours.Starting from the definition of the concept,this part discusses the legal basis of part-time laborers' social insurance rights and the content system of part-time social insurance.The second part discusses the present situation and shortcomings of the current part-time laborers' social insurance system.According to the provisions of the Labor Contract Law,the part-time labor relation is included in the adjustment of labor relations,but their status are different from the full-time workers.In addition to injury insurance,the employer has no statutory obligation to buy social insurance for part-time workers.The current social insurance system overemphasizes the flexibility,which violates the principle of social insurance to guarantee social fairness and justice,so it needs improvement.The third part is the perfect proposal of the part-time laborers' social insurance system.This paper holds that part-time workers are vulnerable members of our society,thus we should set up social insurance system in line with their actual needs and give special protection to them.First,we should establish compulsory payment system for injury insurance and maternity insurance.The second is to adjust the amount of the contribution of basic medical and pension insurance to meet the income level of the group,and stipulate that the employer and the laborer shall pay jointly.The third is to improve relief system,while strengthening the supervision and eliminating false contract of part-time labor.