Study On The Legal Protection Of The Labor Right Of University Student With Concurrent Job

Along with the reform of university charge system, our country will not provideschool expense to the university student. To most families, training a universitystudent is not a small expenditure. In order to lighten the economic burden of family,more and more university student goes out of the school gate to be engaged in thepart-time employment. At the same time, the sterner employment situation has alsopushed the university student to the tide of concurrent job. The work rights andinterests of university student with concurrent job is encroached repeatedly, actuallywithout effective relief. The document that the Guangzhou Foreign Fast-foodrestaurant in2007forces us to reconsider the labor right of university student withconcurrent job, the investigations and visits show us the situation that the labor rightof university student with concurrent job is affected, all sorts of non-fair plays that theuniversity student with concurrent job suffers is attacking the people particularly lawperson’s brain. It’s imperative to protect the labor right of university student withconcurrent job.This article launches the research regarding the protection of the labor right ofuniversity student with concurrent job. And responded in first part, through theGuangzhou Foreign Fast-food restaurant, we thought about the protection of the laborright of university student with concurrent job.In the second part I introduced the basic present situation that the concurrent jobuniversity student affects. In this part, this article firstly carried on some conceptssuch as “practice” and “hard work to support study” and “working”, and cleared thatthis article will use the concept “university student concurrent job”, and explained thereason. Then I introduced the main situation that university student’s labor right isaffected in concurrent job, including hardness to safeguard, the right of safety and freeis affected, can’t enjoying the social security and lucky economic rights and interests,as well as the faith benefit to the enterprising and facilitating agency is violated.In the third part I explained the theory dispute and system obstacle that theconcurrent job university student labor right protection has faced. The former carrieson concurrent job university student’s worker status and the legal relationship thatuniversity student’s concurrent job forms. After evaluations to two side’s viewpoints, I proposed the viewpoint of this article, namely the concurrent job university studenthas worker’s status. When analyzing the university student the legal relationship thatholds concurrent jobs to form, this article had carried on the evaluation existed in theeducational world, like “employment relations” and “service relations” and “laborexchange” and “fact labor exchange” and “non-full-time labor exchange” and otherviewpoints, then proposed my own position, that university student held concurrentjobs can establish the labor exchange, the university student held concurrent jobspossibly forms the employment relations, the university student can form thenon-full-time employment in concurrent job. The latter mainly analyzed the systemobstacle that the concurrent job university student labor right protection has, from thelegislations, law enforcements, arbitrations and judicial.In the fourth part, this article introduced other countries’ survey of protecting theconcurrent job university student labor right, as the US, Germany, France, Japan, andBritain. And summarizes what is worth for our country.In the fifth part of this article, I proposed some legal way that consummatesprotection of university student’s labor right, hoping inspiring the consummation oflabor right of university student with concurrent job in our country. It can be firstlyproposed to suit the existing stipulation, then consummate relevant system if theexisting stipulation is insufficient, including confirmation the worker status ofuniversity student with concurrent job, entrusting with university student worker’sright in concurrent job as well as improving university student’s social insurancesystem and behavior standards system and social service system and right reliefsystem.