美英大学生实习的就业权益保护研究

Research on the Protection of Employment Rights and Interests of College Students Interns In the UK and the USA

大学生实习与雇主形成的关系与雇佣关系类似,但又不完全一致。我国保护大学生实习权益的法律法规还不完善。美国联邦劳工部和法院发布了一系列识别不受法律规范的无薪实习标准,以此界定出受最低工资法案保护的大学生实习。纽约州在相应的法律中专门界定了无薪实习的其他权益保护范畴和措施。英国根据现有的就业类别,对不同类别的实习生赋予不同的权益。美英两国规范实习生权益的法理,对实习生分类,区分实习生的基本权益和其他权益等做法对中国具有借鉴性。

The relationship between College Student intern and employer is similar to employment relation, but not completely consistent. In China, the laws and regulations for protection the students internship practice are not perfect. The United States Federal Labor Department and the Court issued a series of regulations to define the unpaid students internships, which the employers can be exempt from the FLSA. And there are four states, led by New York, defined the scope and measures of other rights and interests of student internships. In the Great Britain, there are several existing employment category and each one has its regulation. Compared the internships and each employments situation that defined by law, the similar employment category and its regulations protect that kind of internship. The different types of interns are given different rights and interests. In the United States and Britain, the classification of internships, and distinction the basic interests and other practices are useful for China.