Can Employees' Private Part-Time Jobs Be Relieved From Labor Contracts?

The thirty-ninth provision of the labor contract law stipulates: "if a worker has one of the following circumstances, the employer may rescind the labor contract:...

(four) laborers should establish labor relations with other employers at the same time, which will have a serious impact on the completion of the work tasks of the unit, or if the employer proposes to refuse to correct them. "

The sixty-ninth clause, the second paragraph, stipulates: "workers engaged in part-time employment may conclude labor contracts with one or more employing units, but the labor contracts concluded afterwards shall not affect the performance of the labor contracts concluded before."

Yan Mou worked in the Logistics Department of a company, signed a full-time labor contract with the company for 3 years, worked 6 hours a day, and paid 2800 yuan a day.

In order to earn more money to subsidize the family, Yan also asked for a part-time job.

I learned that there was a porter's night shift work in the community kindergarten, which was commonly known as "sleeping class". Yan felt that there was no conflict with his time in the company, so he took it.

After half a year's work, the company learned about Yan's part-time job. He thought that Yan's evening duty would affect his rest and distract his work force, so he issued a written notice ordering him to quit his part-time job in a week, otherwise he would terminate the labor contract according to law.

Yan Mou thinks he is working part time in normal rest time, and is a "sleeping class", which has no effect on the normal work of the company during the day.

Unexpectedly, a week later, the company really lifted the labor contract with Yan.

Yan Mou refused to accept the dismissal decision made by the company.

。

After finding out the facts, the labor arbitration institution rejected Yan's appeal in accordance with the law.

[analysis] from the above provisions, we can see that part-time jobs are mainly applicable to part-time workers, while part-time jobs for full-time workers are strictly limited.

It is generally believed that part-time workers must meet the following requirements:

First, the relevant laws and regulations are not expressly prohibited.

Such as China's "

"National civil servants are prohibited from taking part time jobs." the company law prohibits senior managers of directors and managers of companies and enterprises from taking part in similar enterprises.

Two, employers do not explicitly prohibit workers from working part-time in the labor contract or rules and regulations.

Three is

It does not infringe upon the interests of the original employer, and does not affect the work done.

The four is that the unit has not been ordered to stop working part-time after knowing it.

In other words, if the law or the employing unit explicitly prohibits part time jobs, once the employee has a part-time job, the employer can rescind the labor contract. Although the unit does not explicitly stipulate that no part-time job can be made, the part-time work of the worker affects his job and can terminate the labor contract. If the part-time behavior of the worker does not affect his job, the unit may have ordered him to stop his part-time job after knowing it, and if the worker refuses to correct his own way, the unit may also terminate the labor contract.

In this case, Yan did not take part in a part-time job without permission from the company. Although the sleeping class may not affect the normal work of the company during the day, the problem is that after the company made a request for correction to the deadline, Yan did not change it. Therefore, the company is ordering the termination of its labor contract after the expiration of the term. It is lawful for the labor arbitration agency to reject Yan's appeal.