Comments On Some Issues Concerning Part-Time Employment (1)

The Ministry of security issued a date [2003.05.30] [date of implementation] 2003.05.30 [F] [invalid date] [title] [title] opinions on some issues concerning part-time employment. [Ministry of social affairs] [2003] 12. Labor standards, classification and work hours, rest and vacations.

This employment mode has broken through the traditional mode of full employment, and has been adapted to the needs of flexible employment and self employment of employers. It has become an important way to promote employment.

In order to regulate the part-time employment behavior of employers, protect the legitimate rights and interests of workers and promote the development of part-time employment, according to the spirit of the Central Committee of the CPC Central Committee and the State Council of the State Council on further reemployment of laid-off and unemployed workers (No. 2002, No. 12), the following opinions are put forward on the issue of part-time labor relations, such as labor relations, part-time labor, and 1. part-time employment. It refers to the employment form of hourly remuneration and the average daily working hours of workers in the same employing unit not exceeding 5 hours. The cumulative weekly working time does not exceed 30 hours.

Workers engaged in part-time jobs can establish labor relations with one or more employers.

A labor contract should be concluded between the employer and the part-time worker.

Labor contracts are usually written in writing.

If the term of labor contract is less than one month, an oral labor contract may be concluded through mutual consent.

However, if a worker proposes to make a written labor contract, it shall be concluded in writing.

2. workers provide part-time labor for other units, families or individuals through lawfully established labor dispatch organizations, and labor contracts are signed between labor dispatch organizations and part-time workers.

The contents of the 3. part-time labor contract are determined by the two sides. They should include five essential clauses: working time and time limit, work content, labor remuneration, labor protection and labor conditions, but no probation period is allowed.

The termination conditions of 4. non full time labor contracts shall be handled according to the agreement between the two parties.

In the labor contract, if the parties do not agree to terminate the advance notice period of the labor contract, either party may at any time notify the other party to terminate the labor contract. If the two parties have agreed to be responsible for breach of contract, they shall be liable for compensation in accordance with the contract.

5. employing workers to engage in part-time work should be employed by local employers.