New Part-Time Jobs Need To Be Treated With Caution.
In the survey, 64.1% of respondents believed that their own bosses did not stipulate that they could not work part-time, while another 25% said they were not sure whether the company would allow part-time jobs.
However, it is worth noting that, because of another job, part-time jobs are very easy to impact on the existing work and the interests of the company, such as Business information Leakage and improper use of company resources and so on. Therefore, we need to be cautious when deciding whether to take part time jobs or choose part-time jobs.
A leading human resource expert with no worries Feng Li Juan Represents the current Moonlighting There is generally no guarantee for the safety of part-time workers. The proportion of labor contracts signed with part-time workers is very low, and the number of job placement training is very low. Take the driver of a special vehicle as an example. When a traffic accident happens, the responsibility and loss will be borne by the individual. Due to the lack of written agreement, it is difficult to get a reward after a part-time job. What is more, it is not uncommon for a person to be cheated for a part-time job and injure his health. For example, the "Taobao brush list", which is often tested, is not only fraudulent but also easy to cheat.
On the other hand, as the Internet provides platforms and will provide career opportunities, the structure and mode of supply and demand in the existing job market will undergo tremendous changes, and part-time jobs will become more and more popular. The boundaries of laws and regulations will be clearer and the "grey areas" will gradually become clear.
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The twenty-ninth provision of the labor contract law stipulates that employers and workers should fulfill their obligations in accordance with the stipulate of the labor contract. The 106th provision of the general principles of civil law stipulates that a citizen or a legal person shall bear civil liability for breach of contract or non performance of other obligations. Citizens and legal persons who infringe upon the property of a state or collective by infringing upon others' property or personal property shall bear civil liability. Combined with this case, we can see that the laborers in this case should bear the liability for compensation for their duties.
The employer requests the laborer to compensate for the loss, should consider from the following several conditions: 1, the employer has the loss; 2, the worker has the violation of rules and regulations, the operation flow or the labor discipline and the occupation standard and so on duty violation; 3, whether the damage has the causal relationship with the laborer's irregularities; 4, whether the worker has the subjective fault. In this regard, the employer should give evidence and bear the corresponding burden of proof. However, due to the personal dependence of labor relations, enterprises, as the main enjoyment of the fruits of labor, should also bear certain operational risks. Under normal circumstances, the laborers are responsible for the economic losses caused by the intentional or gross negligence of the laborers.
The sixteenth provision of the Interim Provisions on wage payment stipulates that the employer can make compensation for the economic losses in accordance with the stipulate of the labor contract due to the economic losses caused by the workers themselves. The compensation for economic losses can be deducted from the wages of the workers themselves. However, the monthly deduction shall not exceed 20% of the workers' monthly wages. If the residual salary after deduction is lower than the local minimum monthly wage standard, it will be paid according to the minimum wage standard. Generally speaking, the compensation for the employer's compensation should be limited to the direct economic loss caused by production, operation and work.
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