May 31, 2010
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Circular of Beijing Municipality on Several Issues Concerning the Administration of Non-full-time Employment [Effective]
北京市非全日制就业管理若干问题的通知 [现行有效]
Circular of Beijing Municipality on Several Issues Concerning the Administration of Non-full-time Employment
(No.68 [2003] of the Bureau of Labor and Social Security of Beijing Municipality)
The bureaus of labor and social security of the districts and counties, the labor departments of the bureaus and head companies, the enterprises under State Planning, and the enterprises of the central government and army in Beijing:
In order to further promote the employment, to regulate the employing acts of the employer entities and to safeguard the legitimate rights and interests of the non-full-time employees, and in light of the employment characteristics of the non-full-time employees, several issues concerning the administration of non-full-time employment are hereby notified as follows:


1.The non-full-time employees as mentioned in this Circular shall refer to: the labors that are employed by the enterprises, individual businesses, civil-run non-enterprise entities, state organs, public institutions and social organizations (hereinafter collectively referred to as employer entities) and that work for no more than 4 hours (including 4 hours) a day and are paid on a hourly basis, the labors who work for more than 4 hours a day in the same employer entity shall be regarded as full-time employees.
A labor falling within any of the following situations is not a non-full-time employee:
1) Individual business, proprietor or partner;
2) Retired cadre or person that is employed or retained.
2.A non-full-time employee may establish labor relationship with two or more employer entities concurrently, the employer entity and the non-full-time employee shall sign a non-full-time labor contract in written form on the day when the employment starts, the labor contract shall be in duplication, with each party holding one copy.
The model of the labor contract shall be formulated by the administrative department of labor and social security of the municipality.
A labor contract shall include such clauses as the effective date of the labor contract, the work time, work contents, remuneration and form of payment, vocational safety and health etc., other contents shall be determined through negotiation between the two parties, however, the clauses may not violate the laws, regulations and rules.
An employer entity may not stipulate the period of probation.
The two parties to a labor contract may notify the other party to terminate the labor contract at any time, either may they stipulate the period for advance notice for termination of the contract.
3.The accumulative work time of a non-full-time employee in several employer entities may not exceed the standard work time.
4.Where an employer entity employs non-full-time employees to undertake the posts that require certificates as provided for by the state and this municipality, it shall employ from the personnel that have obtained the corresponding vocational qualification certificates.
5.Where a registered urban unemployed person of this municipality resumes work by means of non-full-time employment, that person shall, by presenting a Job Application Certificate of Urban Unemployed Personnel of Beijing Municipality, go through the formalities for employment registration with the office of social security of the street (village or town) of his/her registered permanent residence, and the said office shall process the formalities for payment of social insurance for that person, establish the administrative account and issue an Employment Manual. The archive of that person shall be managed by the office of social security of the street (village or town) of his/her registered permanent residence.

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