“准劳动关系”的法律修补——基于现代学徒制模式下学生权益保护研究

Legal Amendment of Quasi Labor Relationship: The Protection of the Students' Rights and Interests in the Mode of Modern Apprenticeship

高职院校通过现代学徒制人才培养模式为社会输送高素质技能型人才,学生与用人单位形成"准劳动关系",其劳动权益保护问题受到关注。要使学生劳动权益和伤害赔偿权益得到最大救济,保证人才培养任务顺利完成,应从完善学徒用工合同、畅通法律渠道、明确责任主体、预防与教育相结合等方面着手,从法律层面修补学生作为学徒身份所衍生的各种权益问题,进而提升高职教育的人才培养质量。

Through the training mode of modern apprenticeship, higher vocational colleges （HVC） cultivate high-quality skilled talents for society, and in this process, students and their employers form quasi labor relationship. The protection of the HVC students＇ labor rights and interests has attracted broad attention. To safeguard students＇ labor rights and ensure their interests of compensation in work accidents, and to ensure the successful personnel training task, efforts should be made to improve the apprenticeship contract, clear legal barriers, to clearly define the main responsibility on part of both employers and students, to combine prevention and education. These efforts can protect students＇ various rights and interests when acting as apprentices, and as well improve the quality of talent cultivation of higher vocational education.