Research On The Protection Of The Labor Rights And Interests Of Part-time College Students Outside Colleges

It is an increasingly universal phenomenon for the college students to takepart-time jobs outside colleges in the modern colleges. With the numbers of part-timecollege students increasing, the infringement of their rights and interests also risesproportionately, which can be intensively shown as follows: the reductions andarrears of wages without any reason, labor time of extension, detainment of credentialand deposit at will, no indemnity of accident at work and defraudation by illegalagents. Most of the part-time college students cannot safeguard their rights andinterests after their rights have been invaded, even swallow the insults or accept thebad luck. Therefore they cannot get effective relief and protection. The reasons can betraced as follows. First of all, the part-time college students are not regarded as the“laborers” in the sense of Labor Legislation. In practice they are ruled out of the laborrelations in Law and not protected by the labor law and policies. Secondly ways tosafeguard rights are too narrow and labor arbitration is not applicable. The studentsare in the week position and the lawsuit is time-consuming, labor-consuming andmoney-consuming. Thirdly part-time college students have weak awareness ofsafeguarding their rights and not enough social experience. Last but not least Ministryof Education strongly defines that taking part-time jobs outside school privately is notdeemed as the proper way of participating in part-time job while studying at schoolwithout introduction of school. As a result, their part-time behavior cannot obtain theprotection and relief from colleges.This paper centers on the definition of identity of “laborer”, analyzes the legalattribute of part-time behavior of college students outside schools, compares part-timejobs outside schools with participation of part-time jobs at school, internship,full-time employment and part-time employment. Hence it holds the idea that thepart-time college students belong to the “laborers” in the sense of Labor Legislationand should be safeguarded by the Labor Legislation because the students are inaccordance with the requirements of subject of the laborer according to relevant lawsand managed by the employing unit, which leads to the establishment of the factuallabor relations between the unequal entities. Thereby as for legislation we canconfirm the laborers’ status of college students, supplement the legislation byconsidering the part-time students as the third employment mode in the form of “special part-time employment” and at the same time revise the relevant laws andregulations. As for legal redressing, jurisdictionally we can employ the principle of thedefendants for plaintiff convenience, procedurally small civil procedure, executivelygo into overdrive and strengthen legal aid to safeguard the rights of college students.As for the management function of higher education, we can set up supervising agentof part-time jobs, legal consulting room and strengthen right-safeguarding educationamong students in colleges.