在校大学生劳动法主体资格探究.docVIP

在校大学生劳动法主体资格探究 摘要：尽管当前中国在校大学生是否属于劳动法资格主体存在不同地区不同判决的现状，经过雇佣理论和司法实践分析，在校大学生应当具备劳动法主体资格是不可阻挡的趋势；中国政府应该借鉴西方的雇佣理论和体制。 关键词：劳动法主体资格；在校大学生；雇用理论 中图分类号：G640 文献标志码：A 文章编号：1673-291X（2012）31-0290-03 The Chinese College Students about the Subject Qualification of National Labor Law in China is not only limited to study areas of Labor Law but also is a strongly practical issues at work by college students.Nowadays,There is obviously different judgments in different Chinese areas or different judges. The judges In Beijing, Jiangsu province and other developed regions in China tend to deem that the college students is the subject qualification of National Labor Law according to recently several judicial case.However, the judges in Hunan province and other inland regions believe that the college students is not the subject qualification of National Labor Law according to recently the author’s judicial case. Why not were there such a unanimous verdicts in Judgments on the Subject Qualification of National Labor Law of Chinese College Students?The root cause Lies in the different understanding on this provision—the Article 12th of “On the Implementation of the ‘The People?s Republic of China Labor Act’ Opinions on Some Issues”promulgated by the former Labor Ministry of P.R.C. Government in 1995.—”It is not start a career or is not regarded as a job,on the work-study college students in their spare time, if not establish labor relations, they could not sign labor contracts.” Somebody believe that “the Article 12th” means that the Chinese College Students is NOT the Subject Qualification of National Labor Law in China for college students in work-study program is not labor law subject,just like through the provision are provided that can be seen directly:it is not start a career or is not regarded as a job. However,I deem that this kind of understanding is a basic error.Why they made a subjective mistake by acting illogical notions according to their own literal comprehen