The Protection Of Part-time Job Of College Students’ Rights Under The Labor Law Visual Field

Nowadays college students part-time become a common phenomenon. In order toreduce the family burden, or advance to the accumulation of work experience andsocial integration, college students go out of the college to seek a variety of part-timework. However it also spawned a number of legal issues. The special groups of collegestudents do not belong to the scope of protection of the labor law. And the national lawhas not clearly defined the college students part-time and the definition of“non-full-time employment.” Therefore, the students who do outside part-time oftenhave low wages, amounting to less than local minimum wage for non-full-timeemployment. When the labor disputes appear, they can’t ask the labor arbitrationdepartments for help. Once the students are injured, they can not enjoy the work injuryinsurance benefits under the labor law. Their labor rights are not effectively protected.The foundation of the thesis is the investigation of J city, He Nan Province, LUniversity.Form the point of view of the labor law, I will elaborate the legal issuesexist in part-time job of college students.In1995, formulated by the relevant government, including the provisions of12“the college students who in their spare time do part-time job not as an employment.So they can not be protected by the Labor Law.”However, part-time job of college students becoming more common, not as anemployment and what should be considered? What form of employment does thepart-time job of the college students should be identified? Whether the part-time job ofcollege students should be non-full-time workers’ minimum wage constraints? Whatprotection should the college students seek after their labor rights has been infringed.How to solve these problems is the most important practical significance to this topic.China’s labor law is no clear definition of the concept of workers. However, according to the labor law theory, workers, on the meaning of Labor Law, refers to“citizens of the ability to labor rights and labor capacity.” Therefore, there is no legalbasis not to protect the labor rights of the college students. In addition, Article46ofChina’s Labor Law:“The distribution of wages shall follow the principle ofdistribution according to work and equal pay for equal work.” Therefore, theprovisions of Article12contrary to the provisions of Article46of the Labor Law. Itnot only does not respect the independent personality of college students, and also donot provide a good legal environment for the growth of college students off-campus.Therefore, analysis of college students part-time labor rights protection issues from thelevel of theory and reality and building a decent and humane care protection system forthe college students part-time labor rights, is be great theoretical and practicalsignificance for the protection of the legitimate rights and interests of the part-timecollege students, building a harmonious society.