兼职大学生劳动权益保护的法律问题研究

Study on the Legal Problems of the Part-time Job Protection for the College Students

当前,在校大学生外出兼职打工已经成为一种普遍的社会现象,然而由于大学生这一特殊身份在劳动法中的尴尬地位,大学生在兼职过程中,劳动权益受到侵犯且维权困难的情况时有发生。本文从劳动法律法规的角度出发,提出兼职大学生在劳动权益保护中面临专门针对兼职劳动者的法律法规缺失和兼职大学生与雇主之间法律关系界定不明确等法律困境,并据此提出把兼职大学生纳入劳动法律的调整范围,制订保护兼职大学生劳动权益的行政规章,以及通过完善民法来保护大学生兼职劳动权益等具体措施。

At present, going out to do part-time jobs for college students is becoming more and more popular. But because of their special status in the labor law, their rights and interests have always been infringed. From the perspective of labor laws and regulations, the author concluded that the part-time college students faced the legal difficulties such as the lack of specialized laws and regulations and not clear relationship between them and employers, and suggested that they should be written into the scope of labor law, the administrative rules should be regulated and specific measures must be taken to protect their rights and interests.