Students Study Part-time Labor Rights Protection

Phenomenon has become a part-time college students are increasingly common phenomenon. On the one hand, part-time help to promote the process of socialization of university students to share the burden of some families, but the attendant, in part-time during the legitimate rights and interests of university students are always subject to a variety of violations. College students way to obtain payment for labor and to pay the labor law, labor rights and protection of university students should be part of the sense of belonging to labor law labor relations, and the other part of the civil law sense of belonging to the civil employment relationship and thus were applicable to the appropriate labor laws and the corresponding provisions of the civil law.In this paper, application of the law point of view of labor rights and interests of students at the outset that the main reason for lack of protection is that the problem in front of the existing legal framework in China faced a huge dilemma. Is mainly reflected in the following two aspects:on the one hand, the former Ministry of Labor in 1995 issued "on the implementation of The People's Republic of China Labor Law "a number of views on the issue, " made in the work-study students in their spare time, not as an employment, no the establishment of labor relations, you can not sign the labor contract provisions, resulting in the judicial practice of China's college students and part-time employment relationship between the parties without distinction, exclusion of the long-term "Labor Law" outside the scope of adjustment. On the other hand, China's laws and regulations relating to the employment relationship spread in the "Civil Law" (April 12,1986), "Contract Law" (March 15,1999) and "Supreme People's Court on the implementation of Civil Code "opinions on some issues", "Supreme People's Court hearing personal injury compensation cases on the law applicable to the interpretation of the problem "and other sources of law, the current lack of employment adjustment of the legal relationship of this important special provisions, leading people to the civil rights of both the employment relationship lack a clear understanding of the obligation is not conducive to safeguard the legitimate rights and interests of both parties, but also to the judicial practice has brought about tremendous inconvenience. Condition for which there is no official "identity" is especially true of part-time college students. And then the "worker" definition of the concept of analysis, come to college students with a sense of workers labor law qualification to this conclusion, the relevant act was college students to provide a reasonable basis for labor law protection. On this basis, further labor practices of college students a comparative analysis of the legal attributes, classification level that the part-time college students in the process of establishing the legal relationship, in part for labor-law relationships, by the labor law adjustments; portion of the employment relationship, adjusted by the relevant civil law. End of this article from the perfect full-time employment, and strengthen the employment relationship and to enhance the ability of university students and other activists put forward a comprehensive protection of labor rights and interests of university students rationalization proposals.