兼职大学生劳动法主体资格探析

On the Qualifications of College Students Doing Part-time Jobs as Statutory Civil Subjects in the Labor Law

由于我国劳动法主体资格规定的模糊及相关法律法规的缺失,在校大学生在兼职过程中劳动权益受到损害的比例很大,对此应当在明确区分兼职、勤工俭学与实习等概念的基础上,借鉴国外做法,将进入劳动关系的兼职大学生纳入劳动法保护范围,使其享受最低工资、工伤保险等劳动保障,同时加强高校兼职管理部门建设并加大相关法律宣传力度。

Due to the inexplicitness in the provisions regarding the qualifications of statutory civil subjects in the Labor Law as well as because of the absence of relevant laws and regulations in this regard,there are a large proportion of student part-timers whose legitimate labor rights and interests are infringed upon in the process of doing their part-time jobs.To counter these problems,based on a clear conceptual distinction among part-time jobs,work-study programs,internships and so on,initiatives should be taken to bring student part-timers into the protection of labor laws in light of the useful practices of other countries so that they can enjoy the minimum wage benefit,industrial damage insurance and other labor security and social insurance schemes.Meanwhile,endeavors should also be made to strengthen the duties of college administrative departments in charge of students＇ part-time jobs and to reinforce the publicity of laws.