非全日制用工框架下的高职院校学生兼职权益保护

高职院校由于在人才培养上与本科院校具有较大差异,同时基于当下劳动力市场对于高素质技术技能型人才的大量需求,学生兼职已然成为一种社会现象。但相关法律却存在滞后性。按照现有规定,最有利于保护在校学生兼职权益且在理论上存在可行性的就是将在校学生纳入非全日制用工范畴,但法律的不健全导致司法实践中还有诸多难题有待解决。故不断完善相关立法,明确在校学生的劳动者主体资格,规定在校学生在兼职中的权利与义务,才是解决问题的有效途径。

Protection of the Rights and Interests of Students in Higher Vocational Colleges under the Framework of Non-full-time Employment

Due to the great difference of the talents training between higher vocational colleges and universities, the part-time job becomes a social phenomenon based on the demand of high-quality skilled talents in the current labor market. But the laws lag behind. In accordance with the existing provisions, the most theoretically feasible measure to protect the part-time job interests of students is to include students in school in the category of part-time employment. However, the legal imperfection leads to many problems in judicial practice. So It is an effective way to improve the relevant legislation, clear the main body qualification of the students in school, and provide the rights and obligations of the students in the part-time job.