劳动法视野下大学生兼职权益的范围界定

On the Scope Definition of College Students Part-time Interests under the Labor Law Perspective

大学生兼职已成为当下社会的一种普遍现象而广受关注。兼职不仅能为家庭困难的大学生带来一定的经济收入,也能为其提前进入社会、锻炼、提升自身能力提供机会。然而,由于现实中存在的种种不利因素,许多大学生在兼职过程中其合法权益屡受侵犯,大学生兼职本应起到的积极作用大打折扣。劳动法应该对大学生兼职过程中获取劳动报酬权、休息休假权、获得劳动安全卫生保护权、提请劳动争议处理权等权利予以保护;对接受职业技能培训权、享受社会保险福利权应当附条件地予以保护;新型兼职中产生的其他权益不宜纳入劳动法的视野,但要做好和其他法律法规的立法衔接。

Part-time college students have become a widespread phenomenon of contemporary society and widely watched. Part-time job can not only bring income to students from difficulty families, also provide opportunities for early socialization, exercise and improve their ability. However, due to the disadvantages in reality, many college students＂ legitimate fights and interests are violated in their process of part-time job, which made the effect of part-time job limited. The labour law should protect the legitimate rights and interests of college students in their part-time job, such as the payment right of labor, vacation right, labor safety and hygiene protection right, labor dispute discretion submission right, etc. Those can＇t be incorporated into the scope of the labor law should linked up others laws and regulations.