The Study Of Part-Time Student Labor Right Guarantee

In recent years, college students in their spare time do part-time job is becoming a more common phenomenon in society,college students doing part-time job not only build their independence,but also can obtain knowledge that can’t acquired in school.But in the part-time course,rights of college students are often damaged.The survey have showed,over 60% of the students do part-time job, and nearly one-third college students have suffered circumstances which rights suffer damaged.Students in the course of rights often face no legal basis,and can’t determine whether it has the qualification of workers labor,finally often cause the guarante of actual results of the rights.How to coordinate the resolution of such an unreasonable situation, there is an urgent problem that the protection of this special group of part-time university student labor rights. There is no relevant legal acts can directly rule part-time college students in our country,but exist a lot of right plight,This article will focus on the issue of part-time college students to protect labor rights.This paper is divided into five parts:The first part,by quoting two typical cases,we can reveal some problem in part-time process.The second part,by studying "workers" legislative concept and analyzing the qualification of foreign students and relevant laws,we can define that part-time college students have come to the qualification of workers.The third part,we will makes a distinction between students "part-time" behavior and "work-study","practice",and analysis what constitutes legal relationship between the employer with part-time college students in the theoretical,and describes the author’s point of view.The fourth part,based the previously identified,we can do further analysis about part-time college students encountered during labor on legal issues. Including the minimum wage issue, maximum working hours restrictions, injuries assume liability of damages issue.The fifth part put forward a road that part-time college students legal rights can be protect.First, we must be confirmed the dominant position of part-time college students;Second, the reference to the relevant provisions of part-time employment;Finally, paying attention to college students awareness of their rights, we must establish appropriate management center of part-time college students, strengthen market supervision.