Is the summer job income of college students lower than the minimum wage?

Recently, some media said that college students are here? Babela? And other chain catering enterprises work part-time, and the remuneration is lower than the minimum hourly wage in this city. In this regard, the relevant departments responded because college students are not in the sense of labor law? Laborers? The provisions of the minimum wage standard do not apply to it. People in the legal profession suggest that students should work and study together. Keep your eyes open? Relevant laws and regulations should also be timely? Fill in the blanks? To protect the labor rights and interests of college students.

The reporter saw it on a recruitment website. Babela? Open recruitment of summer part-time waiters, mainly for college students, the salary is 9 yuan per hour, which is obviously lower than the minimum standard of 12.5 yuan. Many college students also report that the wage income of off-campus jobs is from 6 yuan to 1 yuan one day, and the working hours are not fixed, generally exceeding 8 hours. There are even students working in internationally renowned luxury goods stores, and the daily salary offered by the other party is only a dozen yuan. What is the reason? Students are here to learn about store operation, not to be hired to work? . Similarly, there are college students' summer internships. Many students have no salary during their internships, and their fares and meals have to be supplemented by themselves.

in view of these situations, the relevant functional departments indicated that because college students are still studying at school, they don't have a labor manual, and they don't work as a means of livelihood, so they don't belong to workers in the sense of the labor law, so the minimum wage standard and other provisions in the labor law are not applicable. Fang Min, a lawyer of Shanghai Xinli Law Firm, also pointed out that if the rights and interests are infringed, college students can't defend their rights through labor arbitration, because labor arbitration has a strict examination of the subject qualification. People in the legal profession believe that the labor law needs to be revised or supplemented in terms of relevant judicial interpretations and local implementation rules. Jiao Hanwei, a lawyer of Shanghai Jiahua Law Firm, agrees that the labor protection of part-time and internship should be written into laws and regulations. However, he believes that the core parts of similar labor behaviors can refer to the labor law, such as working hours and minimum wages, but they cannot be exactly the same. For example, social security is not only difficult to operate, but also contrary to the balance of interests. After all, the rights and interests of employers also need to be protected. ?

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