论兼职大学生的劳动者主体资格

On the Laborer Subject Qualification of College Students Taking Part-time Jobs

目前,在校大学生兼职普遍,维权颇为艰难。究其根源,在于我国劳动立法至今没有对"劳动者"进行明确界定,导致保护不周。兼职大学生完全具备劳动者主体资格,理应纳入劳动法调整范围。当务之急,可以司法解释或规章形式明确大学生兼职的法律性质,同时通过地方立法弥补不足。长久之计,则需完善劳动立法,扩张解释劳动者概念,对在不同劳动力配置模式下从事劳动给付的人,给予劳动者应该得到的法律保护,从而扩大法律保障非全日制劳动者的范围。

Nowadays,it is a common phenomenon that college students take part-time jobs.However,the students' right is hard to defend when trouble occurs,which is caused originally by the vague definition of the Laborer set by the legislation in China.This paper holds the opinion that those students taking part-time jobs should be considered in the Labor Law because they have the full subject qualification of being a laborer.Thus,it is high time to definitude the legal qualification of students taking part-time jobs by judicial interpretation or regulations.In the long run,it is to improve the legislation of labor and elucidate the definition of laborer that one should be in the protection of the law if he works in different labor allocation models and as a result,the legal right of more part-timers will be well defended.