National Academy for Educational Research

　　在我國中小學教育過程中，學生於就學期間，或多或少均曾從事打掃、值勤及協助教學事務等若干實質勞動行為；然而，或因此等「工作」多不存在勞務對價關係，而向來被視為在學關係中，純屬為達成教育目的之勞動教育或空白課程。惟2012年初，部分兼任校內研究助理之大學學生，首度向主管機關申請籌組工會，而正式揭開校內勞動行為定位爭議之序幕；其中，由學生所兼任之研究助理、研究計畫臨時工、教學助理等人，與學校間是否具有僱傭關係？乃在後續行政爭訟過程中，成為行政主管機關與學校間的爭執關鍵。然由於行政法院在判決中，並未將其納入訴訟標的並提出見解，故留予研究上更多探討空間。據此，本研究乃以實現教育目的之在學關係為基礎，而透過文獻探討、法令分析、專家諮詢等研究過程，並同時選定一所綜合性大學的學生校內勞動行為態樣，做為論述上之具體參照對象。具體而言，本研究達成之研究目的如下：（1）分析大學學生校內勞動行為之態樣及其與僱傭關係的可能區別；（2）分析僱傭關係與基於實現教育目的之在學關係所存在的可能衝突；（3）針對大學學生校內勞動行為，提出以在學關係限縮僱傭關係的可能性與具體作法。

　　In primary and secondary education, students more or less are involved in labor practices such as cleaning, being on duty or assisting teaching. Yet, mostly because students are not paid for the work, those practices are often viewed as labor education or vacant curriculum. In early 2012, some college students who work part-time as research assistants submitted their application to form a labor union. It was how the struggle to define labor on campus was initiated. One of the controversial issues in the process of administrative litigation is: whether there is any employment relationship between students and school when they work as part-time research assistants, temporary workers or teaching assistants. As a verdict has not been made by the Administrative Court, its perspectives cannot be included in this study, which actually allows more space for discussions. As a result, this study will be built upon studentship aimed at realizing educational goals. Through literature review, legal analysis, focus group and consultation with experts, this study will focus on one comprehensive university as the sample of labor practices on campus as the reference of the discourse. Its purposes include: 1) analyzing the labor practices of college students on campus and its differences from employment relationship; 2) study the potential clashes between employment relationship and studentship aimed at realizing educational goals; and 3) propose suggestions for how to use studentship to limit employment relationship.