Current location - Education and Training Encyclopedia - University ranking - Is the part-time agreement legally binding?
Is the part-time agreement legally binding?
Part-time agreement has legal effect.

Part-time contract is a labor contract, and the intention of the parties and the employer is true. A part-time contract is valid if the following circumstances do not exist: the employer exempts itself from legal responsibility and excludes the rights of workers; Causing the other party to conclude or change a labor contract against its true meaning by means of fraud, coercion or taking advantage of the danger of others; In violation of the mandatory provisions of laws and administrative regulations, the part-time agreement is also legally binding. Taking a part-time job, usually paid by the hour, is actually a part-time job. May require the signing of a labor contract or an oral agreement. In addition, workers who work part-time can conclude labor contracts with one or more employers. The labor contract concluded later does not affect the performance of the labor contract concluded earlier, and part-time work is also a labor contract. Since it is a labor contract, we must abide by the law. When a part-time worker signs a part-time labor contract, the contract will stipulate the post and working hours, wages and benefits, liquidated damages and other important contents.

The difference between part-time contract and full-time contract;

1, with different working hours, the standard full-time employment shall be subject to a standard working hour system of no more than eight hours per day and no more than forty-four hours per week. The working hours of part-time workers are generally four hours a day and no more than twenty-four hours a week;

2. A part-time job can be concluded by oral agreement. Full-time employment, in accordance with the provisions of the labor contract law, the employer and the employee shall conclude a written labor contract;

3. The labor relationship of part-time employees can be terminated at any time without paying economic compensation. Full-time employment, termination or rescission of the labor contract, except for some special circumstances, the employer must pay economic compensation to the workers, while part-time employment is not clearly defined.

The characteristics of part-time jobs are as follows:

1, part-time jobs have the right to decide on time. Many people choose part-time jobs because of the freedom and selectivity of time. Take Ma Bao as an example. In addition to housework at ordinary times, it is children's study. When children go to school, they can let their mothers do some part-time jobs to meet their own work needs;

2. Part-time job is characterized by low technical content. Part-time jobs can usually be effectively carried out through simple training, so that basically everyone can participate, as long as we have the intention of this piece. Part-time workers have different ages and identities, including college students who have not graduated, professionals who want to subsidize their families, and social idlers. Anyway, as long as they want to get a job, they can take part-time jobs and make effective use of their remaining time to meet their daily needs.

Part-time job can also realize the same day's salary, which is also an effective way to solve the urgent need for people who need money urgently. I once heard two college students talk about being short of money recently. If you work full-time now, the money on hand will last until next month's salary. At this time, you can only solve the temporary financial shortage through part-time work.

To sum up, although China's labor law does not require part-time work to sign a labor contract, it is still necessary to sign a part-time work contract. 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 assured during part-time work; Part-time employment, in fact, belongs to part-time employment, which refers to a form of employment in which hourly remuneration is the mainstay, and the average daily working hours of workers in the same employer generally do not exceed four hours, and the cumulative working hours per week do not exceed twenty-four hours.

Legal basis:

Article 26 of People's Republic of China (PRC) Labor Contract Law

The following labor contracts are invalid or partially invalid:

(1) Causing the other party to conclude or change a labor contract against its true meaning by means of fraud, coercion or taking advantage of the danger of others;

(2) The employer exempts itself from legal liability and excludes the rights of workers;

(3) Violating the mandatory provisions of laws and administrative regulations.

Any dispute over the invalidity or partial invalidity of a labor contract shall be confirmed by the labor dispute arbitration institution or the people's court.