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학술논문노동법논총2014.12 발행

중국 비전일제고용의 법률규제에 관한 연구

Several Issues in the Legislation of Part-time Employment

방용남(중국 연변대학); 사덕성(중국 서북정법대학)

32권, 31~52쪽

초록

The outstanding contradiction between labor supply and demand including the requirement of new industry for flexible employment has stimulate the development of part-time employment. The definition of “part-time employment” in China is mainly defined according to the workinghour other than comparing to full-time employment which is refer to oversea experience. Although the definition itself is simple and efficient, it can be rigid as well as disputable in practice. For the purpose to reduce dispute in the identification of part-time employment from the origin, one effective measure is to narrow down the difference on payment between part-time and full-time through legislation activity. China should complete part-time employment institution on the basis of flexibility of part-time employee, enhancing the protection over the interest of part-time employee, improving quality of part-time employee while keeping the positive effectiveness to employment in order to strengthen the stability and harmony of employment relationship. As to the specific institution, based on principle of equality on payment between part-time and full-time, the authority should utilize flexible laws and legislations to apply various employment form in consideration of China’s reality and practice of labor relationship.

Abstract

The outstanding contradiction between labor supply and demand including the requirement of new industry for flexible employment has stimulate the development of part-time employment. The definition of “part-time employment” in China is mainly defined according to the workinghour other than comparing to full-time employment which is refer to oversea experience. Although the definition itself is simple and efficient, it can be rigid as well as disputable in practice. For the purpose to reduce dispute in the identification of part-time employment from the origin, one effective measure is to narrow down the difference on payment between part-time and full-time through legislation activity. China should complete part-time employment institution on the basis of flexibility of part-time employee, enhancing the protection over the interest of part-time employee, improving quality of part-time employee while keeping the positive effectiveness to employment in order to strengthen the stability and harmony of employment relationship. As to the specific institution, based on principle of equality on payment between part-time and full-time, the authority should utilize flexible laws and legislations to apply various employment form in consideration of China’s reality and practice of labor relationship.

발행기관:
한국비교노동법학회
분류:
노동법

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중국 비전일제고용의 법률규제에 관한 연구 | 노동법논총 2014 | AskLaw | 애스크로 AI