The Study On Legal Protection Of Part-time Labor Relations

The labor legal system in China is based on the theory of "single labor relationship",and under the framework of traditional labor law theory,it is generally believed that a worker can only establish labor relationship with one employer.The current labor law recognizes the legality of some dual labor relations,but most of the dual labor relations are still outside the scope of labor law.As a typical manifestation of dual labor relations,part-time labor relations also have no applicable legal basis yet.For full-time part-time labor relations,the law has not yet recognized their legal status.For part-time labor relations,although the law recognizes its legality,there are still no specific regulations on issues closely related to part-time workers,such as the maximum working hours,wages and social insurance payments.Some departmental regulations and local regulations have made some provisions before the law,but it is not enough to rely on some departmental regulations,local regulations and policies to adjust part-time labor relations in order to guide them toward a more legal and compliant direction.Based on this issue,this paper theoretically discusses the legal protection of part-time labor relations from the perspective of dual labor relations,starting from the concept and characteristics of part-time labor relations,and defining the connotation and extension of part-time labor relations.At the same time,through sorting out the provisions of China’s current labor legal system involving part-time labor relations,including laws,departmental regulations,local regulations and judicial interpretations,we point out the shortcomings of the current legal protection of part-time labor relations.And from the perspective of judicial protection status,relevant cases related to part-time labor relations were searched,and samples were selected from cases that have been more obvious and still controversial in recent years,to analyze the current litigation status and focus of disputes.Finally,based on the above theoretical investigation,this paper puts forward some specific suggestions for the protection of part-time labor relations in China,including the determination of legal status,the application of labor contract rules,the protection of rest rights,the protection of labor remuneration rights and social insurance payment.It is hoped that the research of this paper can be beneficial to improve the legal protection of part-time labor relations and protect the rights and interests of part-time workers.