Legal basis: labor contract law?
Article 68 Part-time employment refers to a form of employment in which workers are paid by the hour, and the average daily working hours in the same employer generally do not exceed four hours, and the cumulative working hours per week do not exceed twenty-four hours. ?
Article 69 Both parties to part-time employment may reach an oral agreement. ?
Laborers engaged in part-time employment may conclude labor contracts with one or more employers; However, the labor contract concluded later does not affect the performance of the labor contract concluded before. ?
Article 70 The parties to a part-time employment may not agree on a probation period. ?
Article 71 A part-time employee may notify the other party to terminate employment at any time. When the labor contract is terminated, the employer does not pay economic compensation to the employee. ?
Article 72 The hourly remuneration standard for part-time workers shall not be lower than the minimum hourly wage standard stipulated by the people's government where the employer is located. ?
The settlement and payment period of labor remuneration for part-time employees shall not exceed fifteen days at the longest. ?
Extended data:
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Case:?
The word difference between contracts makes full-time employees "hourly workers" every second?
These days, Jin Minzhen, a migrant worker, is busy sorting out litigation materials. Three months ago, she was unwilling to get the award of the Labor and Personnel Arbitration Commission of Ganjingzi District, Dalian. "Does it make sense to work as an hourly worker for six years without paying social security or paying compensation after resigning?" ?
Six years ago, Jin Minzhen worked as a cleaner in an Internet service company in Ganjingzi District, Liaoning Province. The company promised to pay 2000 yuan a month for labor, and signed a three-year Labor Contract with her. When she signed the contract, she was not afraid of being resigned at will. She signed it without much thought and renewed it once. I thought that "my wife has been a wife for many years" can sign an open-ended contract this year. ?
However, after the Spring Festival, the company dismissed her for no reason, and she applied for double indemnity, but the arbitration tribunal did not support her because she signed a "part-time labor contract". ?
In recent years, some enterprises have tricked migrant workers into signing employment agreements or labor contracts for "part-time workers", while they are working as full-time employees. An interview with the Workers Daily reporter found that the hourly wage of these migrant workers is lower than the minimum wage, and they can't get compensation after being dismissed, and it is difficult to get legal support after being hired. ?
A "hourly worker" who works more than 4 hours a day?
Jin Minzhen, a 58-year-old migrant worker from Wafangdian, Liaoning Province, has been living alone since her daughter went to work in Shenzhen. February 20 12, in order not to delay her work, she rented a bed in 30 yuan every day in the city. At 7 o'clock every day, she will appear in the company's tool room on time. ?
According to the requirements, clean and mop the floors of the four floors at 7: 30-9: 00 and 15: 00- 16: 30 every day, scrub the countertops and glass doors, and empty the garbage and waste water in the bathroom and tea room. After eating in the lounge at noon, she went out to pick up the garbage on the floor. In addition, she is responsible for fetching water and cleaning the conference room every day. ?
"I didn't pay attention to the name when signing the contract, but I looked at the salary and working hours. Who knows that the word difference is so big. " Jin Minzhen said with regret. When I resigned in February this year and applied for compensation, I was told that I signed a part-time contract and could not get compensation. ?
The local labor and personnel arbitration commission heard the case on the basis that according to Article 68 and Article 7 1 of the Labor Contract Law, part-time employment is mainly based on hourly wages, and the average daily working hours of workers in the same employer generally do not exceed 4 hours, and the cumulative working hours per week do not exceed 24 hours. ?
Either party of part-time employment may notify the other party to terminate the employment at any time. When the labor contract is terminated, the employer does not pay economic compensation to the employee. Jin Minzhen could not provide evidence of working more than four hours a day. Therefore, the arbitral award does not support Jin Minzhen's appeal. ?
In fact, Jin Minzhen is just one of many "hourly workers" who have been cheated. Wang Jinhai, a lawyer of migrant workers' rights protection in Dalian Public Legal Service Center, told reporters that he has helped migrant workers to protect their rights and found dozens of cases. There will be more such cases nationwide. ?
"Employers employ migrant workers to engage in full-time work in the form of oral agreements or part-time labor contracts. Not only is the salary insufficient, but some hourly wages are even lower than the local minimum wage, and there is no work-related injury insurance, and even no accident insurance. " ?
Stealing the concept makes migrant workers hard to prevent?
The reporter randomly interviewed 30 migrant workers from cleaning, promotion, wedding, performing arts and other industries that employ more "hourly workers", reflecting that they all encountered this problem to varying degrees. Some illegal employers take advantage of this and change the concept of "full-time contract" to "part-time contract". He Caisan is one of the migrant workers who have been cheated. ?
From June 2065438 to October 2007 10, He Cai worked as a charcoal burner in a large barbecue chain store in Shenyang. Daily working hours 1 1 ~2 1, lunch break for 2 hours, monthly salary 1800 yuan. The general manager promised that the company would pay social security for him as long as he worked for one year. ?
However, a year later, He Caisan mentioned the matter again, but the general manager refused to admit it. He also said that he is an hourly worker and it is not illegal not to pay social security. "I took the contract to consult a lawyer and found that the labor contract I thought was actually a part-time labor contract, and it was difficult to get legal protection for complaints." He Caisan said. ?
Not only that, but also some employers confuse the audience and describe temporary workers as hourly workers. In July this year, Shenyang was extremely hot, and there was a shortage of air-conditioning maintenance workers of a certain brand. Sun Delong was hired as an air conditioner repairman, and the monthly salary was verbally agreed as 1800 yuan. Every day from 8 am to 2 pm1,Sun Delong has to go to more than1,so he can't have lunch. He often buys an egg roll by the roadside and doesn't rest for a whole month. ?
But he found that the old employees who worked with him earned 3,500 yuan a month. He was indignant and found the general manager Sun. Sun replied: "You are an hourly worker, and the unit does not assess you. If you have a job, you have a holiday, even if you are a temporary worker. How can you take money from a regular worker? " This convinced Sun Delong. ?
In fact, many migrant workers don't understand the difference between temporary workers and hourly workers, not to mention the insufficient wages they apply for. "When applying, even if the boss will tell you whether you are a temporary worker or an hourly worker, I can't understand it myself, let alone understand complicated contracts or agreements." Zheng Lihua said. ?
She has been cleaning 10 for more than four hours, mostly cleaning around. "If you don't have any skills in this line, it is good to make money. If you feel that there is too little money, most people choose to leave their jobs instead of defending their rights. " ?
Experts suggest that it is difficult to resolve rights protection?
"The legal provisions for hiring hourly workers to conclude oral agreements make it difficult for migrant workers to produce evidence, but it is difficult to defend their rights when they know that it is a routine." Guo, deputy director of Dalian Public Legal Service Center, said. ?
Article 69 of the Labor Contract Law stipulates that both parties to part-time employment may conclude an oral agreement. He told the Workers' Daily reporter that most verbal agreements have become empty promises, and there is no evidence to follow about the agreed hourly wages and working hours. ?
Moreover, most hourly workers don't punch in, don't do attendance, and there is no record on the employee roster of many enterprises. Without a work certificate, "hourly workers" can't prove that they have worked for more than 4 hours, and it is very difficult to defend their rights. Therefore, we should refine and improve the law from the source of legislation to safeguard the legitimate rights and interests of migrant workers. ?
"Keeping witnesses and relevant evidence can also protect rights." In the process of providing legal aid to migrant workers, Wang Jinhai found that many migrant workers only want to collect evidence after being dismissed, while some bad units have long been hidden, destroyed and deleted, so it is very difficult for court staff to obtain evidence. "
In fact, in addition to attendance sheets and punch records, witnesses including workers and shift records during work can reflect working hours, workload and job responsibilities, and can also be used as evidence for safeguarding rights. " ?
Xing Yan, a migrant worker's rights lawyer at Shenyang Daquan Law Firm, suggested that migrant workers should read the terms carefully when signing any contract or agreement, and they can also consult or seek legal aid at the public legal service center. Even if you sign a part-time labor contract, you can apply for compensation as long as you can prove that you work more than 4 hours a day or 24 hours a week.
References:
Baidu Encyclopedia-Labor Contract Law
References:
People's Network-What's the difference between contracts? Full-time employees become "hourly workers" every second.