大学生顶岗实习劳动权益的法律保护问题探讨

On the Protection of Rights and Interests of College Students in Their Internship

对于大学生顶岗实习中的权益,劳动法尚未纳入保护范围,教育法规亦缺乏具体规定,民法给予的保护却存在诸多不足。事实上,大学生因顶岗实习与高校之间仍属教育服务关系,而与实习单位之间则形成特殊劳动关系。未来的实习立法可融合劳动法、教育法等立法技术,从特殊劳动关系视角保障大学生顶岗实习期间的劳动权益。

The rights and interests of the college students in their internship dose not included in the Labor Law , and the Edu- cational Laws and the Relevant Regulations is also short of related stipulation, but there exist many deficiencies in applying the Civil Law to protecting them. In fact, there is education service relationship between the college students＇ and the college, and the spe- cial labor relationship between the college students and the internship units. With the Labor Law and the Education Law combined, future internship legislation should safeguard the rights and interests of the college students in their internship from the aspects of the special labor relationship.