非全日制用工法律规制研究.pdfVIP

Abstract As one form of non-standardized employment, part-time work has rapidly developed in China while also encountering some problems in this process. Legal regulation of part-time work is largely absent due to lack of adequate labor legislation. This paper seeks a whole-scale study upon the legal regulation of part-time work from the non-standardized features including multiple labor relations, mitigated dependency and flexible employment on one hand and the legal aim of labor law to protect the legitimate interests of the two parties in labor relations on the other hand to give more emphasis on the protection of the legitimate interest of workers so as to balance the rights and obligations of both parties. The dissertation is divided into three parts in addition to the introduction and conclusion. The first part of this paper is a general analysis of part-time work. By defining part-time work and analyzing its features, this paper crystallizes the legal nature of part-time work as one form of non-standardized labor relation, while at the same time clarifies the relations between full-time work, flexible employment, informal employment, temporary work and part-time work. The second part is about the main issues facing part-time work in China. Firstly, legislation idea is misplaced in guiding law-making of part-time work with traditional and standardized employment ideology. This was due to a lack of understanding and emphasis toward part-time work in China resulting in oversight of its features despite the role that part-time work plays in employment promotion. Secondly, in reality, the basic rights of part-time workers in e