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The student works cannot sign blank of occurrence statute of contract dimension

来源: 作者:Stand originally 时间:2008-12-25 Tag: 点击:
In recent years, undergraduate after school works increasingly common, but work about the undergraduate the labor law law that thought fors the time being appears however blank.

Work one summer vacation did not take a minute of money

Recently, before the reporter southward outskirt a few colleges extended to investigate questionnaire 100 times randomly, questionnaire content is involved whether had worked, work to whether had signed contract, familiar dimension authority knowledge, how be done to wait for a problem by tort hind. Classics statistic, the undergraduate of 69% has had work experience, perhaps want to work when after school; The undergraduate of 72% does not know relevant labor code; The student of 21% has been encountered default, issue of wage of embezzle part of what should be issued, even some of undergraduate works a summer vacation, did not take money however.

Part-work and part-study system of undergraduate after school, encounter default, salary of embezzle part of what should be issued after this kind of circumstance, the student of 93% chooses " go to lachrymal pharynx in abdomen, submit to humiliation, avowed and hapless " ; Only and exceptional student chooses to be solved through law. When to labor when the student censorial branch is complained, awkward one act appeared: Current " labor law " in did not work about the undergraduate the regulation that thought fors the time being. Does the undergraduate work how should get law is ensured?

Occurrence statute of student dimension authority is blank

National labor department on August 4, 1995 of print and distribute " implement labor law of < People's Republic of China about carrying out > the opinion of a certain number of problems " the 12nd regulation: Off hours is used to be versed in frequently in school student aid learn, do not regard obtain employment as, did not establish working relationship, need not sign labor contract.

Xi'an town work and Hui Min of section chief of department of code of policy of social security bureau introduce, when the undergraduate works, encounter default wage issue, say strictly, working sectional function limits; Undergraduate part-work and part-study system, can calculate new student labour force to be like in the one sort that accepts educational level only at exercitation and take exercise, not be behavior of a kind of obtain employment, not be obtain employment, nonexistent the problem that signs labor contract; Encounter when defaulting wage issue, labor is censorial the branch identifies labor contract and relevant evidence only.

"The undergraduate is encountered default wage issue, because be absent limits of labor department function, can regard as to the court only civil dispute processing. " Hui Min expresses.

Hui Min introduces, the contract that when student after school works, signs with unit of choose and employ persons is personal contract only, cannot call labor the contract, also do not sign labor contract, appear so default salary phenomenon to be able to regard as only civil dispute is solved. He points out, the undergraduate is belonged to in school student, return what cannot say to be laborer. To this, a few students think, itself of undergraduate part-work and part-study system is giving work namely, arrived again adult age, how cannot count laborer?

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