美国大学实习生权益保护制度体系与启示

The System of Rights and Interests Protection for Interns in American Universities and Its Enlightenment

“零薪酬就业”“无薪实习生”现象的出现引起人们对大学实习生权益保护的担忧。美国从1938年起逐渐对实习生权益保护做了规制,形成了三大制度体系,在对“无薪实习生”概念的合理界定及权益保护方面积累了丰富的经验。美国劳工部、高等法院和巡回法院、地方政府都对实习生权益保护做出了规定。但美国实习生权益保护也面临相关问题,实习生概念界定标准的统一性存疑,在对实习生的职场骚扰和歧视等方面的权益保护有待提高,相关规定模糊性与严格性并存、执行性较差。在我国相关政策建立过程中,也应注重对实习活动进行分类和严格界定,重视教育权性质的实习权实现过程中的实习安全权益保护。

The emergence of the phenomena of "zero-salary employmenf, and ctunpaid interns" has aroused people's concern about the protection of the rights and interests of university interns. Since 1938, the United States has gradually regulated the protection of the rights and interests of interns, forming three major systems, and has accumulated rich experience in the reasonable definition of the concept of "unpaid interns" and the protection of rights and interests. The U.S. Labor Department, the High Court, the Circuit Court and the local government have all stipulated the protection of interns5 rights and interests. However;the protection of the rights and interests of interns in the United States is also facing related problems. The unity of the definition standard of interns is doubtfiil. The protection of the rights and interests of interns in tenns of workplace harassment and discrimination needs to be improved. There is a phenomenon of employers "exploiting loopholes", and the enforcement and quantitative measurement basis are lacking. In the process of establishing relevant policies in our country, we should also pay attention to the classification and strict definition of internship activities, and pay attention to the protection of internship safety rights and interests in the process of realizing the internship rights of the nature of education lights.