现代学徒制模式下学徒法律地位界定的立法探究

On the Legalization of the Definition of the Legal Status of the Apprentice Under the Mode of Modern Apprenticeship

在现代学徒制培养模式中,学徒被赋予双重身份参与其中,其法律地位如何界定,直接关系到学徒劳动权益的保障和救济,也成为高职院校开展现代学徒制人才培养的核心环节之一。目前,在学徒的法律身份问题上,现行法律法规没有界定,教育政策文件上没有明确,学理上也意见不一。为保证现代学徒制高技术技能人才培养任务的顺利完成,有必要在分析学徒和企业法律关系的基础上,借鉴国外学徒法律地位界定的先进经验,提出确立学徒特殊劳动者地位的立法建议,规范学徒用工合同并实行行政备案制度,从法律层面保障学徒的权益,进而提升高职教育的人才培养质量。

In the modern apprenticeship training mode, the apprentice is given the double entity, how to define the legal status of the apprentice is directly related to the labor rights protection and relief of this labor group has become one of the core part of modern apprenticeship training in higher vocational colleges. At present, current laws and regulations do not define the legal status of the apprentice, and there is no definite related educational policy or documents. Different views can also be seen in related academic field. In order to guarantee the achievement of high skill personnel training of the modern apprenticeship system, based on the analysis of the legal relationship between the enterprise and the apprentice, inspired by the advanced foreign experience concerning the definition of the legal status of the apprentice, and with an aim to legally protect the interests of the apprentice as well as enhance the quality of personnel training of Vocational education, the present study puts forward the legislative suggestion on establishing the special social labor status of the apprenticeship and the implementation of administrative norms of labor contract filing system.