College Students Are Not Protected By Labor Law?

In the summer of 2014, Li Changzhen and 3 college students from a university in Nanjing were introduced to Nanjing Wahaha beverage company by the intermediary company. According to the contract, they could get more than 3000 yuan of salary, but the enterprise eventually acted as their college student on the basis of their internship, and only gave them 1000 yuan living allowance.

Li Changzhen has been troubled by the fact that he has been unable to get the rest of his wages for many times. "Why is it so hard for college students to work and protect their rights?"

Not long ago, the China Youth Daily reporter interviewed 142 college students with part-time jobs.

According to the survey, more than half of the students have been deceived by intermediaries and refused to pay wages, and few of them have been able to successfully safeguard their rights.

Job hunting is easy for college students to be cheated.

The survey found that college students mainly involved in education and training, catering services, business marketing, network marketing, school work study projects, electronic products processing, construction and so on.

Most of the work information is obtained through intermediary companies, network intermediaries, store advertising, door-to-door agencies, and a few people are introduced through acquaintances.

Looking for part time information on the Internet, college students usually choose 58 cities, Ganji network, etc. some black agents tend to attract college students on the Internet with generous treatment, and introduce jobs to them through collecting online banking payment margin.

36 of the students surveyed were deceived by black agents.

Delinquency and deducting wages are the most common problems. 51 college students have experienced problems of arrears and deductions.

After the end of the work, bosses often defaulted, deducted the salaries of college students, and refused to pay overtime.

In addition to some restaurants, small shops and small companies, arrears and deductions have also occurred in some well-known training institutions and state-owned enterprises, and even some school work study posts.

"Summer jobs for College Students

The rate of complaints is less than 1%, which does not mean that they have no problems, but many people are reluctant to use legal weapons to safeguard their legitimate rights and interests. "

Mr. Wang, a legal aid center at Nanjing University of Information Science and Technology, said.

Several college students who work in fast food restaurants complained wrongfully, "we are not."

Now, part-time job market is oversupply, and students are disadvantaged groups.

Fear of trouble is the general psychology of college students.

They are worried about the high cost and long time of safeguarding rights, resulting in their abandoning their rights.

"Do not know which department to safeguard rights" and "which department to find no use," the two views also spread widely.

Because most of them are part-time workers and short-term workers, employers rarely sign labor contracts with university students. They are oral negotiated wages, and when they settle accounts, they are willing to lower labor prices or even lower than minimum wage standards.

Without employment contracts, there is no way to protect rights. Some students complain to the labor supervision department. Most of them are refused because of no labor contracts.

Zhu Wenjun, an associate professor at the school of law and politics of Nanjing University of Technology, suggests that part-time behavior of college students can be classified as part-time employment and general employment relationship. College students should sign labor agreements with the employing units before the start of work, and the agreement must be clear.

If the other party refuses to sign a labor agreement, it is suggested that college students should choose carefully.

College students are not protected by labor law?

In fact, few employers are willing to sign labor contracts with university students.

After Li Changzhen and others worked in Nanjing Wahaha beverage company for infringement, the company believed that college students could not sign a labor contract, and the contract signed was invalid.

Ju Jianrong, lawyer of Beijing Ying Ke law firm, said that college students' work is recognized as an internship by enterprises, and can not be paid equal work as other workers. If they can not get the protection of the labor law, they will become a victimized group and can not protect their rights. Relevant departments should pay attention to this problem and issue relevant judicial interpretations as soon as possible, so as to safeguard the legitimate rights of college students.

In fact, there has been a case of legal protection for college students in Nanjing.

The court held that, when signing a labor contract, Guo was a college student, but he has reached the age of 19. He is in line with the employment age stipulated in the labor law, and has the ability to act and responsibility in establishing labor relations.

Student status does not restrict Guo to join the labor force as an ordinary laborer.