Study On The Protection Of Labor Rights And Interests Of University Students Off Campus Part Time Jobs

In 2020,with the COVID-19 ravaging throughout the world,employment is becoming harder and harder,which invisibly brings tremendous pressure to the students who have not graduated.Hence,it urges some students to step out of the comfortable university life and seek part-time jobs,so as to enhance adaptability to the society in advance and to pave the way for their job-seeking after graduation.Although part-time jobs can promote the future development of university students,their labor rights and interests are frequently infringed,such as poor working environment,overtime employment,reduction of wages,difficulties in obtaining remedies for occupational injury etc.The main reason is the absence of legal protection of part-time university students in the existing legal system in China.The subjective status of part-time university students as workers is not clear,nor is it included in the labor law and social security law.However,in developed countries,such as the United States,Germany,Japan etc.,a consensus on the legal status of part-time university students as workers have been reached in both theory and practice.Detailed regulations have been set forth on part-time hours,labor remuneration and medical insurance for occupational injury in developed countries.Nevertheless,the theoretical and practical circles in China have different opinions and have not reached a consensus.Thus in practice,when the legal rights and interests of part-time university students are infringed,it is extremely difficult for students to seek labor arbitration or litigation to safeguard rights,owing to the lack of worker identity,the absence of formal labor contract and difficulties in collect evidence.Therefore,this article is aimed to analyze the legal protection of labor rights and interests of part-time university students,through questionnaire surveys,interviews,case analyses and literature analyses.the article divides into five parts: the first chapter mainly explains the background and significance of the selected topic,summarizes the domestic and foreign research tendency,and clarifies structure and methodology.The second chapter is an overview of the labor rights in university students’ part-time job.First,this article will clarify the legal concepts and characteristics of labor rights of university students in part-time jobs.Second,it will analyze the similarities and differences between part-time jobs and other similar activities such as internship,work-study and full-time employment.Finally,the legal status of part-time university students will be defined based on the analysis of whether university students can be deemed as workers.The third chapter demonstrates the protection of labor rights of university students in part-time jobs in foreign countries.It mainly introduces the relative legislation in the United States,Germany,Japan and other developed countries.On the whole,there are a few differences in the provisions of working hours,wages and insurance for part-time jobs of university students in the United States,Japan and Germany.However,they all acknowledge part-time university students as workers and their labor rights and interests shall be protected.Thus in view of the actual problems in our country,we should learn from the advanced legislation of the above-mentioned countries in the part-time university students.The fourth chapter is the status quo analysis of some University students part-time labor rights and interests.Through questionnaires and interviews,we collect data including the access to part-time job information,types of part-time jobs,factors considered and the types of infringement suffered by university students.The fifth chapter provides suggestions in the protection of the legitimate rights and interests of part-time university students.Combined with the reasons of infringement above mentioned,suggestions will be demonstrated in the legal level from three aspects:students,the third-parties,and organizations such as universities.First of all,the legal status of university students as workers should be affirmed in the form of judicial interpretations.Special employment clauses shall be added,and the minimum wage standard and the provisions of occupational injury insurance shall be applied.Secondly,approaches to solve labor disputes should be improved.The mechanism of consultation and mediation,and application for legal aid,should be implemented.A more moderate way to solve disputes should be adopted.Finally,the guidance and management of university students’ part-time jobs should be strengthened.The basic knowledge of parttime jobs and related legal knowledge should be taught through setting up classes on campus so that university students can enhance their awareness of self-protection and how to prevent the common risks of part-time jobs outside school.Last but not least,strengthen the supervision and punishment of all sectors of society.The industrial and commercial management departments and public security organs should enhance the investigation and punishment of "dark intermediaries",so that the labor rights of university students in part-time jobs can be protected more effectively.