Research On The Construction Of Paid Annual Leave System For Part-time Employees In My Countr

Under the background of the new economy,the scale of flexible employment is getting larger and larger,and how to protect the legitimate right sand interests of these workers has become an urgent problem to be solved in current legislation.Part-time employment is a form of flexible employment,Its expansion and diversification are common phenomena of changes in the employment systems of countries around the world,and are of great significance to alleviating structural unemployment.In my country,part-time workers,like labor dispatch workers,were the first to be included in the track of "labor rule of law".With the gradual protection of many rights of labor dispatch workers,on the contrary,Many rights of part-time workers are not guaranteed,among which the right to paid annual leave is a typical representative.The lack of guaranteed paid annual leave for part-time employees in my country is related to the value contradiction between the current part-time employment system and the paid annual leave system in China.Part-time employment is a form of flexible employment,"Flexibility" is its greatest value.The paid annual leave system is a system form to protect workers right to rest and leave,and "safety" is its greatest value.Internationally,considering part-time employment of the impact on employment,most national legislation clearly stipulate that part-time workers enjoy the right to paid annual leave.But do part-time workers in my country enjoy the right to paid annual leave? And how to enjoy it?In judicial decisions,"full-time employment" is used as a prerequisite for enjoying paid annual leave,and some courts support Some courts regard the right to paid annual leave as a "welfare" rather than a "basic worker’s right".Judges cannot break through the existing laws and regulations to make judgments when adjudicating.It reflects the helplessness of guaranteeing paid annual leave for part-time workers through judicial channels.Because my country’s part-time employment legislation overemphasizes flexibility,the ambiguity of relevant legislative norms and the inconsistency of local and local norms.Therefore,if it is necessary to guarantee paid annual leave for part-time employees.It is necessary to establish a paid annual leave system for part-time employees,so as to ensure that part-time employees enjoy the same paid annual leave rights as full-time employees.This article begins with an overview of part-time employment and paid annual leave degree,and demonstrate its value to the three parties of laborers,employers,and the state.second part-time.The right of workers to enjoy paid annual leave has a profound theoretical basis,including the legal value of rest and leave,the theory of corporate social responsibility,the theory of equal treatment,and the theory of stratified protection for workers.The right to paid annual leave lays a theoretical foundation.This article draws on the paid annual leave system for part-time workers abroad On the basis of the degree,combined with the actual situation in our country,we will build a paid annual leave system for part-time workers in our country.