在校大学生劳动者主体资格与工伤问题

Laborer Subject Qualification and Work Injury of College Students

《劳动法》《劳动合同法》等法律法规并没有否定在校大学生劳动者主体资格,但劳动与社会保障部《关于贯彻执行〈中华人民共和国劳动法〉若干问题的意见》第12条规定:在校生利用业余时间勤工助学,不视为就业,未建立劳动关系.因此,在校大学生勤工助学、实习、寒暑假务工期间能否与用工单位建立劳动关系,在校大学生是否是适格的劳动者主体,在校大学生在提供劳动或劳务过程中发生伤害事故,由谁来承担责任.有必要予以梳理和明确:在不同情形下在校大学生的劳动者主体资格与伤害事故的责任归属.

Labor Law, Labor Contract Law and other laws and regulations do not deny the main qualifications of college students, but Article 12 of the Opinions on Several Issues Concerning the Implementation of the Labor Law of the People′s Republic of China stipulates that the use of spare time for work and study by college students is not regarded as employment and no labor relationship has been established.Therefore, can college students establish labor relationship with employers during work-study, internship, winter and summer vacation? Are college students qualified laborers? College students in the provision of labor or labor in the process of injury accidents, who will assume the responsibility? It is necessary to sort out and clarify the qualifications of laborer subject and the responsibility of injury accident of college students under different circumstances.