实习、兼职大学生劳动法律权益保障研究

发布时间：2018-06-14 21:16

本文选题：在校大学生群体 + 实习兼职　；参考：《北京化工大学》2017年硕士论文

【摘要】：近年来,我国社会飞速变革,社会主义市场经济迅猛发展,用人单位对实习兼职大学生群体的需求量越来越大,实习兼职的应用市场十分广阔。随着高校扩招等一系列变化,大学生面临的就业形势异常严峻,在用人单位有更多选择的情况下,他们不断倾向吸纳有实践经验的应届毕业生,特别是相关领域的实习兼职经验。相应的,大学生群体为了谋求自身的发展、为日后的顺利就业打下基础作用,他们提前走出校门,参与社会实习兼职活动已经成了现在校园里非常普遍的现象,也成了学生和用人单位需求的集中区。甚至我们可以看到,很多高校针对高年级学生开设“实习生双选会”,搭建实习兼职的平台,足以见得实习兼职对大学生发展的重要性和用人单位需求的广泛性。然而,这种飞速发展的就业模式却并未得到立法的跟进和法律的有效保障,导致大学生在此过程中权益受到一定的侵害,并且维权难度大,维权成本高,严重影响了大学生的参与积极性,损害了他们的权益。但是由于我国劳动法律规定不完善司法领域和学术领域对法律适用问题的看法肯否不一,出现了大量案由相似但是法律适用和判决结果相差甚远的案例判决。本人兼有研究生在读人员和高校兼职辅导员双重身份,对这一问题的自身体会更加深刻,同时也有着大量的调研群体,针对这一问题的了解也更加直观。本文通过剖析实习兼职的时代背景和社会需求,从法律适用出发,认为从我国现阶段发展情况来看,这一群体应该接受我国劳动法律所调整,以此才能保障他们的合法权益不受侵害。最后通过学习国、境外的关于实习兼职的法律,总结提炼出劳动权益保障体系的建设方式,以期保障大学生权益,完善我国法律法规,促进社会的健康有序发展。
[Abstract]:In recent years, with the rapid change of our society and the rapid development of socialist market economy, the demand of employers for part-time college students is more and more large, and the application market of part-time internship is very broad. With a series of changes, such as the expansion of enrollment in colleges and universities, the employment situation faced by college students is extremely grim. Under the circumstances that employers have more choices, they are constantly inclined to absorb fresh graduates with practical experience. In particular, related field internship part-time experience. Accordingly, in order to seek their own development and lay a foundation for smooth employment in the future, college students have already become a very common phenomenon on the campus by going out of school in advance and participating in social internship and part-time activities. Also became the student and the unit of choose and employ persons demand the concentration area. Even we can see that many colleges and universities set up "intern double selection" for senior students, and set up the platform of internship and part-time work, which is enough to see the importance of internship and part-time work to the development of college students and the extensive demand of employers. However, the rapid development of the employment model has not been followed up by legislation and effective protection of the law, resulting in the rights and interests of college students in the process of certain violations, and rights protection is difficult, high cost, Seriously affected the enthusiasm of college students to participate in the damage to their rights and interests. However, due to the imperfect legal provisions of our country, the judicial and academic fields have different views on the application of the law, and a large number of similar cases have appeared, but the application of the law is far from the result of judgment. I have both graduate students and part-time college counselors dual identity, this problem will be more profound from the body, but also a large number of research groups, the understanding of this problem is more intuitive. Based on the analysis of the background and social needs of part-time internships and the application of the law, this paper holds that this group should be adjusted by the labor laws of our country in view of the present development of our country. Only in this way can their legitimate rights and interests be protected from infringement. Finally, through the study country, overseas about the practice part-time law, summarizes and refines the labor rights and interests safeguard system construction way, in order to safeguard the university student's rights and interests, consummates our country law and regulations, promotes the society healthy and orderly development.
【学位授予单位】：北京化工大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D922.5

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