Legal Protection Of Part-time Labor Rights Of University Students

The increasingly fierce competition in the labor market nowadays has put tremendous pressure on the study and life of college students,which has prompted some college students to come out of the comfortable "ivory tower" and engage in part-time work in order to adapt to the intense social Employment competition can achieve the purpose of improving one’s own social practice level,obtaining labor remuneration,and promoting one’s own overall development.Although part-time work has certain advantages for the development of college students,in the course of part-time work,its labor rights and interests are inevitably infringed upon by employers: the severe overtime employment affects college students’ rest and vacation,arrears of deduction of labor remuneration,labor safety accidents or work-related accidents that are difficult to remedy.The key factor causing the above-mentioned labor rights and interests to be difficult to protect is the lack of legislative protection for part-time college students in my country,which is not explicitly included in the labor law and social security law.Germany,Japan and other countries have reached a unified consensus on the protection of labor rights during the part-time work of college students at the theoretical level and practical level.They have reached a unified consensus on the legal status of laborers(employees)for college students.Minimum part-time remuneration and other aspects have also made specific and clear regulations.China has no clear regulations on this level,and the legal theory and practice circles also express their own opinions,such as whether college students are qualified laborers in labor law,whether their part-time jobs are adjusted by labor law,and their labor rights during their part-time jobs Whether it can be protected by labor laws has also been in a state of controversy.In trial practice,college students seek relief from labor arbitration or judicial channels.Because they only reached oral agreements with employers and lacked the preservation of evidence materials during part-time work,it was difficult to be determined that they existed between employers and employers in trial practice.Labor relations,with a view to applying relevant labor laws and regulations to remedy their labor rights and interests,becomes particularly difficult.Therefore,the author will adopt the literature analysis method,case analysis method,and field investigation method to analyze and demonstrate the legal protection of university students’ part-time labor rights.In addition to the introduction,this article mainly analyzes from four parts.The first part is an overview of college students’ part-time labor rights.First of all,the connotation and extension of part-time part-time jobs for college students are analyzed: There are differences in the main body,time arrangement,form requirements,and whether they are paid for part-time jobs and internships.Secondly,to further analyze whether college students belong to laborers on the level of labor law,and what kind of legal nature does the part-time job they engage in outside the school.Finally,according to the legal nature between college students and employers,analyze the labor rights that college students can enjoy during the part-time job.The second part of this article is to analyze the problems and causes of the protection of part-time labor rights for college students.According to relevant news reports of university students’ part-time jobs in recent years,cases in trial practice,and field investigations,it can be seen that part-time university students’ labor remuneration,rest and vacations,and labor safety accidents occur,but there is no guarantee for medical treatment and work injury insurance.Relief is difficult to solve through an effective path.The reason why college students’ part-time labor rights are difficult to protect is that the current labor laws and regulations in China lack the protection of part-time college students,and there is no specific legal regulation to specify them;China’s “Work Injury Insurance Regulations” also does not regulate whether college students can become laws.The provisions of laws and regulations on the protection of employees have led to the embarrassing situation of the protection of labor rights during the part-time work of college students;in the trial practice,the part-time college students and employers are often found by the court to have no labor relationship,so it is difficult to apply labor dispute resolution It is protected by the path;the labor security supervision department’s loose supervision will also make it difficult for college students to protect their labor rights during part-time jobs outside the school.The third part of this article is about the provisions of foreign college students’ part-time labor rights and the enlightenment to our country: the countries listed in this article recognize that part-time college students enjoy the legal status of laborers,although some foreign countries give college students part-time remuneration,time,work injury insurance,etc.There are differences,but the essence is to protect the labor rights of college students working part-time.The United States and the United Kingdom have imposed minimum hourly wages and maximum working hours on part-time college students;German college students enjoy medical insurance for work-related injuries during part-time work;France divides part-time college students intohalf-work and full-time jobs,but both The total length of part-time work is the same,and there are also provisions for a minimum part-time hourly pay.In Japan,different types of college students have different daily part-time lengths,and the places for part-time work are limited.Therefore,when the current labor laws and regulations of my country do not clearly protect and adjust the labor rights and interests of part-time college students,the above-mentioned regulations on the part-time work of college students can be used to protect the labor rights and interests of part-time college students in my country.The fourth part of this article is based on the actual situation of part-time jobs of college students in my country,and adopts appropriate legal measures to protect the labor rights and interests of part-time college students.First of all,through judicial interpretation,it is clear that college students enjoy the legal status of laborers,apply the minimum wage standard to part-time college students,implement flexible working hours,and expand the application of work injury insurance to protect the labor rights of part-time college students.Secondly,on the rights protection path,non-litigation mediation procedures are applied,and legal aid is applied to properly handle the labor disputes of university students taking part-time jobs.Finally,clarify the management and responsibilities of the legal protection of the relevant subjects,encourage schools to strengthen the management of college students’ part-time jobs,clarify the responsibilities of employers,and ensure the realization of labor rights and interests of college students during part-time jobs.