It is not illegal, and there is no relevant law in the Labor Contract Law. The unit cannot prohibit employees from taking part-time jobs. Dismiss employees and terminate the labor contract relationship with employees on the grounds of part-time work, the unit will be in an unfavorable legal position in labor arbitration or litigation, and the punishment or termination of the contract will be invalid due to lack of effective basis.

Legal analysis

It's not illegal to take a part-time job, but it can't affect your work in other units that establish labor relations. Otherwise, the unit can terminate the labor contract with you without compensation. In addition, your labor contract may contain relevant clauses, stipulating that you cannot establish labor relations with other units. If there is, it should be done according to the agreement. China's "Labor Law" has no restrictive provisions that workers cannot take part-time jobs. Because there is no provision in the labor law prohibiting employees from taking part-time jobs, if enterprises need to prohibit some employees or employees in certain positions from taking part-time jobs, they can only restrain employees from taking part-time jobs by signing labor contracts with employees, or make this provision clear in the employee handbook and other rules and regulations. Part-time job means that employees or students take up other jobs besides their own jobs, which is also one of the types of labor. Part-time working hours have great freedom, and providing physical or mental strength to the third party is also a kind of labor expenditure, which belongs to a kind of interest relationship. Part-time workers get paid according to their workload and work performance.

legal ground

Article 39 of the Labor Contract Law of People's Republic of China (PRC) is under any of the following circumstances, the employer may terminate the labor contract: (1) The employee is proved to be unqualified for employment during the probation period; (two) a serious violation of the rules and regulations of the employer; (three) serious dereliction of duty, corruption, causing great damage to the employer; (4) The laborer establishes labor relations with other employers at the same time, which has a serious impact on the completion of the work tasks of the unit, or the employer refuses to correct it; (5) The labor contract is invalid due to the circumstances specified in Item 1 of Paragraph 1 of Article 26 of this Law; (6) Being investigated for criminal responsibility according to law.