Can Wal-Mart employees work part-time outside?

It is illegal for a reasonable unit to expel employees from taking part-time jobs outside.

After graduating from Xiao Zhao University, he worked as a salesman in a computer software company. Soon after, I was introduced by a friend to do part-time software development in another software company. After Xiao Zhao worked part-time for more than a year, the original unit found that he wanted to terminate Xiao Zhao's labor contract. However, Xiao Zhao thinks that it is unreasonable to terminate his labor contract. He thinks that his part-time job has not affected his position. The monthly sales task is completed on time and in quantity, and sometimes even overfulfilled, so part-time job is only his personal business. The company has regarded Xiao Zhao's behavior as a "betrayal" to the company, so the company appealed to the labor dispute arbitration institution.

According to the previous case of the Ministry of Labor and Social Security, the arbitration institution finally ruled that the enterprise's request to terminate the labor contract in Xiao Zhao was not supported, and the labor contract continued to be performed until the expiration of the contract, and the renewal after the expiration of the contract was decided by both parties through consultation. At the same time, Xiao Zhao is also required to terminate the part-time labor relationship with the part-time unit, and the part-time unit shall pay Xiao Zhao part-time labor remuneration.

At present, although the final ruling has come into effect, neither the company nor Xiao Zhao are satisfied. The company thinks that people like Xiao Zhao are like a "dark horse". How can they stay? Xiao Zhao thinks that part-time job has not affected his position, so why can't he have both?

So, should I do part-time jobs? Should it be advocated? Can it surface? What are its advantages and disadvantages? If you work part-time, how should labor relations be standardized?

Confrontation 1: Can a heart serve two purposes?

"Part-time job is definitely a new thing," said Mr. Sun, who has been in charge of the coordination of enterprise labor relations. "Under the planned economy, I'm afraid no one expects to do a part-time job. At that time, people's concept was' a radish and a pit', and two things could not be used at the same time. They think it will take decades to be conscientious about a job. Under this concept, even if someone intends to take a part-time job, I'm afraid they should consider it carefully, because it will greatly reduce your overall moral level in the eyes of others. Mr. Sun also said that in the past, there were only secondments, which seemed to be similar to part-time jobs. But it is only slightly similar in form and fundamentally different in essence. Secondment means that a unit needs a position (usually in stages), so it borrows a person who meets the requirements of this position from other units to work. The original unit retains its labor relations, and the new unit pays labor remuneration. Go back to your original unit after work. If the position continues to be needed, you can also negotiate with the original unit and formally transfer this person to the new unit through transfer, which is essentially different from having two parallel positions at the same time. "

"Since part-time job is a product of the market economy, it is enough to see that it is compatible with the new economic system, so it is a bit ridiculous to hold the concept of' a radish and a pit'." This is the view put forward by Miss Weng who works in a website. She is a die-hard supporter of part-time jobs. Although she doesn't think everyone can do these two things, some people are familiar with them. At present, Miss Weng is doing network maintenance work on two websites at the same time, but don't think that she needs to travel between the two organizations every day. Her working style is somewhat similar to that of the Sohu family. Through the application of her skilled professional knowledge and the help of modern network technology, many of her work is easily completed at home. Miss Weng also said: "I think part-time job is very good, and two jobs make me feel very fulfilled."

Chen Fang is also a part-time worker, without Miss Weng's perfect feeling about part-time. Chen Fang worked in a newspaper. In the hottest year of the Internet, she worked as a part-time website editor in another website. After that experience, Chen Fang told reporters that he would never take a part-time job again. Two jobs keep him busy every day, and his body and mind are seriously overdrawn, so he has no chance to breathe and relax. One day after working part-time for half a year, Chen Fang said, "I suddenly feel that I have become a machine, a running machine, which keeps running every day and will collapse one day." After thinking like this, he felt very scared and realized that hard work was a distortion of the mind. Therefore, he quickly "escaped" from his part-time life.

Judging from personal experience, Chen Fang disapproves of part-time jobs. There are still many people who don't have part-time jobs, but they are also clearly opposed to part-time jobs. The reason is the same, because a person doing two jobs at the same time, devoted himself to one job, and the results obtained are absolutely different. If you want to do a part-time job, you will inevitably lose energy and time in your own work. There is no doubt that even if there seems to be no impact on the surface, it is difficult to see the deep level of this impact. "One radish and one pit" is the law of natural growth. If you have to squeeze two radishes into a pit, I'm afraid you can only grow deformed radishes. At the same time, part-time job is also a very irresponsible attitude towards your own unit.

Confrontation 2: Is it "making the best of people" or "over-exploitation"?

1988, the then Ministry of Science and Technology issued a policy that researchers can work part-time in enterprises and institutions. This is probably the earliest departmental regulation on part-time jobs in China. At that time, there was a shortage of scientific and technological talents in enterprises in China, and the research results of researchers in research institutes were difficult to be transformed into productive forces as soon as possible because of the lack of practical opportunities. It is in this case that they found a better combination point, that is, part-time job, in order to adapt to the personnel management system in China at that time. Part-time job can transform the research results of researchers into direct benefits as soon as possible, and also make the individual talents of researchers get greater play. At that time, the original intention of the Ministry of Science and Technology was probably the main argument in favor of part-time workers at present, so that talents can be given full play.

But at present, this view has been questioned. Dr. Zhang Yiyong, who is engaged in human resources research, put forward the view of not over-exploiting talents.

The concept of over-exploitation is mainly inspired by nature. At first, when modern industry was just developing, people exploited all available resources in nature, such as coal mines and oil, for the rapid development of industry, and the initial effect was really good. The industrial revolution has made great progress on the basis of fully exploiting resources. But slowly, nature began to ask for it from human beings. The ecological balance and global environmental problems caused by over-exploitation of resources have become one of the biggest problems facing mankind in the new century.

This concept can also be applied to the development of human resources. The over-exploitation of talents will also lead to the ecological imbalance of talents themselves. Zhang Yiyong believes that the current charging craze is actually a disproof of this view. After a period of time, talents must have a knowledge update and supplement, otherwise they will be excessively scarce due to their own imbalance like natural resources. From this point of view, he thinks it is not advisable to play the potential of talents in a part-time way, which will only lead to excessive investment in talents. This is not only the business of enterprises, but also the personal business of workers.

Dong Song, a lawyer of Beijing Federation of Trade Unions, pointed out that part-time job will bring about an increase in workers' salary, either by extending working hours or by increasing work intensity. To this end, in order to protect the workers' right to rest, the Labor Law specifically stipulates that if an enterprise arranges employees to work overtime, it shall generally not exceed 1 hour per day. If it needs to be extended for special reasons, it shall not exceed 3 hours a day and 36 hours a month under the condition of ensuring the health of the workers. Although these regulations are aimed at units, on the other hand, if the working hours of individual voluntary workers exceed the legal limit, can they be allowed? Is this regulation of enterprises mandatory for workers? This is a question worth discussing.

According to Cheng Yanyuan, a teacher from the School of Labor and Personnel of China Renmin University, there is a strict working hour system abroad, and there are strict legislative provisions for working several hours a day, at most. And it is mandatory for both enterprises and employees. Maybe some people think I volunteer to work more, who cares? This is my private matter. However, it is generally believed abroad that overwork can not make individuals' energy get the necessary rest and recovery, which may also affect the quality of work of enterprises, which is of course related to enterprises. Of course, if you work part-time within the working hours stipulated by law, it can be fully recognized.

Confrontation 3: Are pros and cons a double-edged sword?

In the past, the main reason why enterprises opposed part-time jobs was that part-time jobs would have a bad influence on employees and cause instability of the workforce. At present, with the development of economy and the intensification of market competition, the confidentiality of scientific and technological achievements of enterprises has gradually become a prominent problem in part-time jobs.

Cheng Yanyuan, a teacher at Renmin University, said that researchers in many enterprises have directly mastered the scientific and technological secrets of enterprises, and there should be certain restrictions, especially not taking part-time jobs. Otherwise, there is a great possibility of leaking secrets to enterprises, and the consequences are difficult for individuals to recover. At present, the international common practice is to prohibit civil servants, staff of national public service departments, formal staff of public institutions and public departments from engaging in paid private work or engaging in paid work in private name. Any paid employee of an enterprise shall not engage in paid work belonging to the industry outside the maximum working hours prescribed by law. Generally speaking, both freelancers and part-time workers can work part-time.

In this regard, Dong Song, a lawyer of the Municipal Federation of Trade Unions, also expressed the same view. He said that personal part-time jobs may cause two kinds of interests damage to enterprises. One is the possibility of infringing on the interests of the original enterprise, and the other is that part-time enterprises will suffer losses when they work in part-time enterprises and have accidents such as work-related injuries. However, Dong Song also said that due to the development of society, part-time job has become an inevitable trend, so it is necessary to regulate this workplace phenomenon, otherwise it will easily lead to labor disputes and disputes. He said that the first is to stipulate which industries can work part-time and which industries can't. He believes that only if an individual's part-time behavior can take full responsibility like individual industrial and commercial households can he be allowed to work part-time. At present, the laws and regulations on part-time jobs are not perfect, so the advantages of part-time jobs do outweigh the disadvantages for enterprises.

Nevertheless, the current broad part-time market is indeed cultivated by the needs of enterprises. Browsing the current recruitment websites or larger portals, almost all have part-time services. People even put forward a point: "Part-time job is a craze in the workplace, and the internet is a wedding dress." Although this means that the Internet makes part-time jobs more convenient, it also means that the Internet is the biggest publisher of part-time jobs. According to ChinaHR.com's Sun Meng, the daily page views of part-time posts in ChinaHR.com reach about 200,000. Sohu's part-time highway shows that accounting, translation, design, engineering, technology and other part-time jobs are in great demand.

On the one hand, enterprises regard part-time jobs as "betrayal", on the other hand, they have demand for part-time jobs. From this perspective, the advantages and disadvantages of part-time job are really like a double-edged sword. When enterprises face quasi-others, they point to themselves in turn.

The reporter saw a part-time job advertisement of a company on the Internet, so he dialed the contact person of the company. According to him, they use part-time workers mainly to save the cost of employing people. Of course, he also said that it depends on the position. Generally speaking, for some important positions and positions that are not suitable for part-time, they will not use part-time jobs. He said that it will be more difficult for part-time employees to implement the company's philosophy.

In the interview, Mr. Huang, the boss of a fax machine company in Zhongguancun, expressed a completely different view. He said that if employees work part-time, the boss should not be angry. Instead, he should review himself. It's because you didn't give employees enough workload and didn't meet their work needs.

Reflection: Can part-time jobs see the light of day again?

Regardless of the attitude of enterprises towards part-time, generally speaking, personal part-time behavior is rarely put on the table, at most it is a tacit state, or simply stealing. So, can part-time jobs see the light of day again?

Cheng Yanyuan, a teacher at China Renmin University, said that part-time jobs have traditionally been excluded, but now, part-time jobs are becoming an increasingly popular form of employment. Part-time job has become an inevitable trend, but the system of part-time job needs to be further improved, and the industry of part-time job should be limited. Teacher Cheng Yanyuan said that there will be such a trend in the part-time industry. Low-level part-time jobs will become more and more relaxed, while high-end talents will become more and more strict.

"Part-time jobs need to be standardized, and WTO accession just provides this opportunity." Teacher Cheng Yanyuan said that after China's entry into WTO, it will also be in line with international practices. Through strict legislative restrictions on the working hours system, part-time work can be developed within a reasonable range. There is an urgent need for labor legislation to stipulate the scope of part-time workers, the acquisition of part-time wages, the payment of personal income tax and the social insurance of part-time workers. Through the integration of these part-time labor legislation and international practices, part-time work is completely possible.

However, Dong Song, a lawyer from the Legal Department of the Beijing Federation of Trade Unions, believes that at present, part-time jobs are hard to be exposed to the sun. Dong Song pointed out that at present, China's mainstream thought is basically against multiple labor relations, which is a representative view from the ruling of labor arbitration on the dispute between Xiao Zhao and the unit. In addition, the social insurance problem is also an insurmountable obstacle to part-time job. Because only a single labor relationship is generally recognized, everyone in our country has only one social insurance relationship, and it is impossible to have two or more. Therefore, only from the perspective of social insurance, part-time job will cause unequal rights and obligations between employers, not to mention other relevant supporting laws and regulations.

It is reported that in foreign countries, the general idea is that after working for 8 hours, I don't want to work anymore, because I don't have so much time, body and mind and training accumulation. If you work part-time, as long as you are not a black collar, you can get corresponding social insurance for every job, which is linked to your work relationship. I hope our part-time job will be the same in the future.