在校大学生兼职的权利和义务问题研究

发布时间：2018-04-23 08:53

本文选题：大学生 + 兼职　；参考：《华中师范大学》2013年硕士论文

【摘要】：随着我国社会进步,经济发展和高等院校的扩招,在校大学生从事兼职的现象日益普遍。据2009年的调查统计,我国约有2500万的大学生在课余时间从事兼职,这着实是一个庞大的劳动群体。究其原因,是因为很多大学生认为通过兼职可以促进个体社会化的发展,体现个人的社会价值并在一定程度上减轻家庭的负担,此外,对大学生兼职的劳动力需求市场也确实存在。可是,这一劳动群体却因为和用工方的种种纠纷而频频见诸报端,他们的权利遭受侵害,义务不能实现的现象层出不穷。在理论层面,有众多学者围绕这一现象展开实地调查研究和法理探讨,试图探寻这些纠纷背后的原因。在实践层面,我国政府和地方多次通过立法的形式对劳动力市场进行规范,用以保障劳动者的合法权益,可是侵权现象依然屡禁不止。根据中华人民共和国宪法,大学生作为我国的合法公民,应该具有宪法赋予的劳动权。据劳动法相关规定,大学生应该具有劳动主体资格。但是,在具体的法律规范中,却缺乏对其兼职行为明确的法律条文规定和保护,而这也成为很多用工方不合理用工的借口。据对华中师范大学数学专业和经济专业的学生的调查研究可知,有一半以上的学生曾经从事过家教等兼职,但是他们对相关法律知识和自身权利义务的了解存在很大的不足,被侵权情况严重,权利和义务的实现情况令人堪忧,这一现象的出现有来自法律规定、高校教育和政府管理等多方面的原因,而这些原因,应该成为我国保障大学生兼职权益的立足点。不断完善现有的劳动法律体系,明确大学生的权益保护制度；促使政府有效管理,依法规范用工单位和中介机构的行为；提高高等学校的管理服务水平,不断提高大学生的基本素质,促使他们更好地行使权利和履行义务,从而保障大学生兼职中的合法权利。
[Abstract]:With the social progress, economic development and enrollment expansion of colleges and universities, the phenomenon of part-time employment of college students is becoming more and more common. According to the survey in 2009, there are about 25 million college students working part-time after school in our country, which is a huge labor group. The reason is that many college students think that part-time work can promote the development of individual socialization, embody the social value of individual and lighten the burden of family to a certain extent. There is also a demand for part-time labor for college students. However, this labor group has been frequently reported because of various disputes with the employer, their rights have been infringed, and their obligations can not be realized in endlessly. At the theoretical level, many scholars have carried out field investigation and legal research around this phenomenon, trying to explore the reasons behind these disputes. In practice, our government and the local government through the form of legislation to regulate the labor market, to protect the legitimate rights and interests of workers, but the phenomenon of infringement is still not prohibited. According to the Constitution of the people's Republic of China, college students, as legal citizens of our country, should have the labor rights conferred by the Constitution. According to the relevant provisions of labor law, college students should have labor subject qualification. However, in the specific legal norms, there is a lack of clear legal provisions and protection of their part-time activities, and this has become an excuse for many employers to use unreasonable work. According to a survey of students majoring in mathematics and economics at Huazhong normal University, we can see that more than half of the students have been engaged in part-time jobs such as tutoring, but their knowledge of relevant legal knowledge and their own rights and obligations are greatly deficient. The situation of being infringed is serious, and the realization of rights and obligations is worrying. This phenomenon comes from various reasons, such as legal provisions, higher education and government administration, and these reasons, Should become our country protects the university student part-time rights and interests the foothold. Constantly improve the existing labor law system, clarify the system of protecting the rights and interests of college students, urge the government to manage effectively, standardize the behavior of employment units and intermediary organizations according to law, improve the management and service level of colleges and universities, The basic quality of college students should be improved constantly, and their rights and obligations should be better carried out so as to ensure the lawful rights of college students in part-time work.
【学位授予单位】：华中师范大学
【学位级别】：硕士
【学位授予年份】：2013
【分类号】：G645.5;D922.16

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