Students Part-time Legal Relationship Analysis

As universities charge system reform unceasing development,many students to school looking for the employing units to provide compensated labor phenomenon increase annually. This without the school uniform organization and management of part-time behavior,unlike work-study and practice.And for how to accurately ascertain college students part-time workers subject qualification whether in theory or judicial practice is still controversial.In judging university students'legal identity,should with"affiliate relationship"as the core elements adopt dependency and economic dependency of personality,simultaneously according to law of composite standard about laborer subject qualification labor rights ability and work on the provision of the respect such as capacity to act,and from both the methodological labor legislative objectives and value orientation, will the category of college students into labor law. In addition,labor law to labor behavior rather than identity behavior,so for regulating object of unilateral emphasis on its special identity not exclude it outside the scope of protection of labor law.College students to unit of choose and employ persons work,need to accept in employing units of management and supervision.abide by the employing unit as such schedules,dress code,and because of the unified regulations provide labor and obtain the corresponding remunerations,accordingly its part-time behavior has all the features and its affiliate relationship established is unit of choose and employ persons labor relationship rather than any other.In addition,the current labor law has no longer require "must be a written employment contract for labor relationship,"necessary, and the nature of the legal relation identified from the actual situation when in reality,so objective judgements about the employing unit only to the name of the contract or agreement between denied establishment of college students'lack of labor relationship based on preparing.College students part-time has timeliness, short-term sexual features,unit of choose and employ persons cannot establish a relatively stable labor relations.Another college in balance the interests of both sides with unit of choose and employ persons,appropriate will students part-time labor part-time into legal norms adjustment,make students shall enjoy from probation clauses limit,minimum wage remuneration and the right to equal pay for equal work,etc.Practice of college students,unit of choose and employ persons denied this employee status and the phenomenon of the legal rights infringement case.Investigate its reason,on the one hand,in the current labor law is about the provisions of the "laborers"concept of unknown and relevant judicial explanation operation is not strong.Therefore,it is necessary in our country on the basis of existing legislation technology proper introduction of free legal and case law,to guide the judge to specific case for interests rights and objective considerations; On the other hand,the existing "higher school work-study management method" for regulatory power off-campus part-time students in universities,and therefore appropriate college part-time management department,adding to its regular statistics and part-time work instruction,at the same time reasonable planning work-study positions to attract more students of eager to social practice opportunities.Finally,t.he current labor law for part-time labor regulation is insufficient to protect the full-time laborer,some to adapt to the "flexible labor" special arrangements for easy to cause the part-time labor range with the relevant contrct,and treatment of form,the minimum wage calculation and limitation of maximum working hours equals college students part-time labor is closely related provisions workers need to be further perfected.