Due to the great difference of the talents training between higher vocational colleges and universities, the part-time job becomes a social phenomenon based on the demand of high-quality skilled talents in the current labor market. But the laws lag behind. In accordance with the existing provisions, the most theoretically feasible measure to protect the part-time job interests of students is to include students in school in the category of part-time employment. However, the legal imperfection leads to many problems in judicial practice. So It is an effective way to improve the relevant legislation, clear the main body qualification of the students in school, and provide the rights and obligations of the students in the part-time job.