1. Is the part-time labor contract protected by law?
Part-time labor contracts are protected by law. Part-time jobs are usually paid by the hour. Actually, they all belong to part-time jobs. May require the signing of a labor contract or an oral agreement. According to the provisions of the Labor Contract Law, the average working hours of part-time workers in the same employer generally do not exceed four hours a day, and the cumulative working hours per week do not exceed twenty-four hours. The probation period shall not be agreed, and the labor remuneration settlement period shall not exceed fifteen days at the longest. In addition, workers who work part-time can conclude labor contracts with one or more employers. The labor contract concluded after does not affect the performance of the labor contract concluded before.
Article 69 The parties to a part-time employment contract may reach an oral agreement.
Part-time workers
May conclude a labor contract with one or more employers; However, the labor contract concluded later does not affect the performance of the labor contract concluded before.
Second, do you need to sign a contract for a part-time job?
1. Although China's labor law does not stipulate that part-time jobs must be signed, it is still necessary to sign part-time contracts. In the signed part-time contract, attention should be paid to stating: the names of both parties, contact information, work content, remuneration and payment method. If it is a single job, it is best to write down the completion date. In this way, the rights and obligations of both parties are determined in advance, and they are more at ease during part-time work.
2. As one of the legal written evidences, the contract plays an important role in safeguarding the interests of part-time workers. If you don't sign a contract, it is difficult for part-time workers to prove their rights and obligations with the employer when the employer defaults on wages and other violations of the interests of part-time workers. In view of the fact that employers are in a strong position in real life, the law also requires them to sign part-time labor contracts. Therefore, if a part-time employee fails to sign a contract with the employer and disputes arise, he can consult a professional lawyer.
3. What should I pay attention to when signing a part-time contract?
1. It is suggested to sign a contract to clarify the rights and obligations of both parties.
2. Part-time employees can only sign labor contracts and do not pay social security accumulation fund.
3. If the part-time job is a long-term job, it is necessary to sign an agreement, which can be a temporary employment agreement or a part-time labor contract, specifying the post, job responsibilities, salary and salary, and the time and method of payment.
In addition, after getting the contract, we should pay attention to the following points:
1. Make sure the contract itself is legal. Confirm that the labor contract signed by oneself is legally binding, including: the employer must have the legal person qualification, and the private enterprise must meet the legal conditions. The contents (rights and obligations) of the labor contract signed by both parties must comply with laws, regulations and labor policies, and shall not engage in illegal labor. In addition, the procedures and forms of signing labor contracts must be legal.
2. Carefully check whether the terms of the contract are complete. A formal contract should have complete terms, including place, time, specific work contents and standards, labor remuneration, contract term, liability for breach of contract, dispute settlement method, signature and seal, etc.
3. Beware of overlord contracts (unfair and unreasonable contracts). Beware of contracts with unclear terms and vague concepts, which only stipulate the obligations of job seekers and rarely involve the rights of job seekers.
4. bravely question the aspects in the contract that may harm your own interests.
5. Make use of the supplementary clauses in the contract to supplement the contents that are conducive to safeguarding their own rights and interests and reduce the risk of infringement.
6. Enhance the awareness of self-protection and the concept of legal system, and never sign a contract that is extremely unfavorable to yourself, otherwise the future trouble will be endless.
7. Leave yourself a contract. In case there is a conflict of interest between the two sides in the future, it is easy to verify.
Many part-time employees will not sign labor contracts, but this behavior is generally not conducive to the protection of their own interests. If there is a dispute, because there is no labor contract, it is impossible to solve the dispute by submitting a relief request to the local arbitration institution, and even if this type is brought to court, it may not be able to safeguard its own rights and interests.