The Study Of Legal Issue On The College Students With Part-time Job

With more and deeper reformation of Socialist Marketing Economy system inour country under the kind of changeable social economic environment, and alongwith various purposes, more and more college students start to put down the schoolbooks, and then participate in the social economic activity practice as doing thepart-time jobs. Some of them want to increase their income; some of them want toincrease their social practice experience; and even some of them only want to killtimes.During their part-time jobs, when these full-time college students meet thesituation that their legitimate rights and interests are violated, which Law could helpthem and protect them? About this question, there are lots of debates in the theorycircle and practice circle. In the theory circle, they treat this problem in three points ofview: fully-applicable to Labor Law, partial-applicable to Labor Law andnon-applicable to Labor Law.The writer makes the analysis among the different arguments in the domesticspecialists, and then comes to the thought that based on our current laws andregulations, the relationship between college students and the employers is not theLabor relation, but it should be the regular Civil Employment Relationship. Whenmaking the analysis if the college students having the part-time jobs should beprotected by the Labor Law, the key problem is how to identify the "Laborer", andthen to identify if the "Labor relation" is established.The writer made the investigation of the concept of "Laborer" in the foreigntheories, and found there are several sayings from different Legal system–the Control Test and the Economic Reality Test from Anglo-American Legal System, andSubordination Theory in the Civil Law System which including "PersonalitySubordination","economy Subordination" and etc. From these definitions for theLaborer in the foreign laws, and reviewing it from should-be aspect, our collegestudents with part-time jobs should be qualified regarded as the Laborer, and theyshould have the Labor relations with the Employers.But there are the conflicts between our legislation requirements and the foreignlegal theories. This urges the writer to dig out the reasons behind. Firstly, thenecessary employment system in our country determines that the Laborer shouldenjoy all the rights from the Labor laws. But the college students with part-time jobsdon’t enjoy any of the policies/regulations, such as Labor employment filing system,Labor social insurance policy, the Minimal wage policy. Secondly, pushed by thereality of employment pressures for the college graduates, the government initiates theApprentice system to release this kind of pressures temporally. But meantime, it killsthe possibility that college students with part-time jobs could be protected by theLabor laws. That is because the graduates who have the rights to be the Laborer onceinvolve in the Apprentices system employment, they are out of the protection fromLabor law since they couldn’t enjoy the minimal wage policy, and their employerwon’t help them to buy the insurance either. Since the college students with part-timejobs don’t be protected by the Labor Law, but as the disadvantage group, they couldenjoy the favorable allocation of legal rights.Thus the writer suggests that the Ministry of Education, uniting with otherministries, should make the suitable management plan for these college students withpart-time jobs, and It will include the most working hours limitation, Labor protection,the minimal wage requirements, and etc. And this also needs the contributions fromthe colleges, Youth League Committee, Student Union, as well as Labor Union.