What are the provisions of the Labor Contract Law for interns?

Interns are not subject to "? There is no relevant law to follow for the protection of labor contract law.

Practice refers to a period of time for students to fully combine theoretical knowledge, participate in social practice, and comprehensively improve their comprehensive quality and work adaptability. Help students find suitable jobs in the future; Or get familiar with the basic situation of the unit to be hired in advance, and give me and the employer the opportunity to get familiar with each other.

Internship also means that you want to achieve a certain actual combat effect or skill, but you are not familiar with it. Through this stage of practice and study, you can achieve the expected goal! (It is common to practice various skills, such as journalists, drivers, repairmen and pilots ...)

The internship period is generally 90- 180 days of the agreed working hours, but this period varies according to the individual internship or the organization of the unit, especially in the medical industry. Generally, the internship period is at least half a year, sometimes more than one and a half years.

Legal meaning

Labor legislation

Internship refers to the process of students participating in practical work in specific positions in their own units during their school days.

Regarding internship, Article 12 of the Opinions of the Ministry of Labor on Several Issues Concerning the Implementation of Labor Law stipulates: "Students who use their spare time to work and study are not regarded as employment, and they may not sign labor contracts without establishing labor relations."

Students who have an injury accident during their internship are not work-related injuries and cannot enjoy the treatment of work-related injury insurance, but they can claim their rights from the employer based on the employment relationship, or the school can claim their rights based on the relevant provisions of the internship contract with the unit.

The internship period is only applicable to students at school. In order to avoid the restrictions of insurance or minimum wage, some employers deliberately sign internship agreements with non-school students who meet the qualifications of workers, which is illegal and invalid. In fact, even if the internship agreement is signed, there is a factual labor relationship between the employer and the non-school students.

As an employer, it should sign an internship agreement with interns, or sign a tripartite agreement with interns and their schools to clarify the details of internship time, working hours, internship fees, internship content and so on. At the same time, the employer can buy commercial insurance for interns to avoid economic compensation disputes after work-related injuries during the internship.

During the internship, interns should work hard and pay attention to practice.

As a trial

The natural person during the probation period can only be a laborer; The natural person during the internship is a student at school.

Different purposes

The probation period mainly reflects the purpose of the employer, that is, to obtain human resources that meet the needs; During the internship, the students' internship activities are the same as or similar to the workers' production and business activities, but there are essential differences in purpose. Students' internship activities mainly reflect the same purpose of the school and students, so as to improve the quality of interns.

Different relationships

The rights and obligations between the employer and the employee, including those during the probation period, are regulated by the Labor Law and its relevant provisions, such as? A probation period shall not be stipulated in a labor contract with a term of less than 3 months or with the completion of certain tasks as the term; If the term of the labor contract is more than 3 months but less than 1 year, the probation period shall not exceed 1 month; If the term of the labor contract is more than 1 year but less than 3 years, the probation period shall not exceed two months; If the term of the labor contract is more than 3 years or there is no fixed-term labor contract, the probation period shall not exceed 6 months.

contract period

If the probation period of a labor contract exceeds the prescribed period, the laborer may request to change the corresponding labor contract period, or require the employer to pay wages according to the non-probation wage standard that exceeds the period. During the internship, students establish labor relations with the internship unit, so they are adjusted by the Labor Law.

rights and duties

During the probation period, there is a labor relationship between the two parties, and the employer shall bear the liability without fault to the laborer, and jointly fulfill the obligation of paying social insurance premiums with the laborer, and the salary paid to the laborer shall not be lower than the local salary? Minimum wage standard. However, the internship unit is not responsible for the internship students, and it is not necessary to implement the minimum wage standard.

Matters needing attention

Unclear rights and interests

According to the survey results, 46% students claimed to have been cheated, and 27% students did not sign an internship agreement. Unexplained dismissal, forced overtime and deduction of wages are three major phenomena that damage the rights and interests of internship students. More than 90% of college students choose to "submit to humiliation" knowing that their rights and interests are damaged.

Although more than 70% of the students signed a written internship agreement, only 28 students signed it voluntarily, and less than 20% of the students signed a tripartite internship agreement among enterprises, students and schools.

The content of the agreement is almost decided by the enterprise, so college students generally only know the salary, basic welfare and internship time. About 85% of students "don't know" what to do during the internship, what responsibilities to take, and what treatment to get for overtime business trips. Possible hidden dangers, safety precautions and the responsibilities of both parties in the event of accidents such as work-related injuries are rarely written into the internship agreement.

69% of enterprise personnel managers explained that interns are not subject to "? Under the protection of the labor contract law, there is no relevant law to follow. What percentage of formal employee treatment should interns enjoy? Many enterprises have no ideas. Many enterprise personnel managers worry that the content of the agreement is too strict, which will increase management costs and risks, and even lead to the consequences of fame and fortune.

However, due to the limited constraints of the agreement on both sides, once the situation arises, it is often that both sides hold their own words, and many students feel cheated.

In the survey, it is found that when the rights and interests are damaged or internship disputes occur, 7 1% college students take the way of "walking away", 2 1% students "put up with it", only 2% students have had the experience of "quarreling", and more than 5% students choose to expose and vent on the internet or other media channels.

It is suggested that it is necessary to sign internship agreements, especially tripartite agreements. This not only protects the legitimate rights and interests of college students, but also protects the legitimate rights and interests of enterprises. With the practice becoming more and more common, enterprises and interns should sign more rigorous agreements to avoid unclear disputes in the future and harm the interests and reputation of individuals and enterprises.

At the same time, we should also pay attention to the work safety during the internship. Once the rights and interests are seriously damaged and the enterprise fails to solve and make up for it, college students can complain to the labor department, the industrial and commercial department or the relevant functional departments.

misgovern

It's not just college students who need to safeguard their rights and interests. 65,438+0,000% of the surveyed enterprises pay interns, of which 73% are monthly salary and 27% are daily salary. 55% of HR managers said it was difficult to manage interns. Because interns and enterprises are not labor relations, interns are still students, not employees, enterprises can not restrain and manage interns normally, and it is difficult to ensure work continuity and enterprise information security. Leaving without saying goodbye, inefficiency and breaking the system are the three main reasons why interns are unpopular.

About two-thirds of enterprises provide internship positions within three months. Due to the short time, it is impossible for enterprises to invest too much resources. According to the survey, only 8% of enterprises provide interns with induction training similar to that of new employees, and direct managers have no intention of training them. Many interns work according to their own imagination, which leads many managers to complain that interns are not helpful to their work, but "add chaos".

55% of enterprises expressed uncertainty about information confidentiality, resource allocation and employee benefits. For example, should I give the key to the intern's office? Should the information shared by employees include interns? Should employee welfare products be distributed to interns? Should I even print business cards for interns? If the difference is too large, it will undoubtedly dampen the enthusiasm of interns, and even be spread by interns to affect the corporate image. If the difference is too small, it may cause the enterprise plan to be leaked and the interests of the enterprise to be damaged.

In addition, more than 80% of enterprises are dissatisfied with interns' self-discipline, and many interns use the resources of enterprises to play games online, make long-distance calls, speculate in stocks, print and copy private information and so on. Many companies say that although the company does not restrict or prohibit employees, as interns, they should be more strict with themselves. The college students' style of "walking away" often leads to the disruption of the workflow of enterprises and even affects their work.

Relevant persons said that it is more difficult for enterprises to defend their rights than interns. For enterprises that need interns every year, a planned intern system is imperative. Many multinational companies have implemented the internship system, including arranging jobs suitable for interns' abilities and qualities, providing interns with training plans and career plans, so that interns can effectively assume the responsibility of work, consciously learn and improve their abilities, and finally cultivate talents who can quickly integrate into the company culture after graduation.

For those internship positions with short internship time and no regular employment plan, enterprises should conduct pre-internship training for interns, emphasize safety matters, enterprise rules and regulations and specific post operation norms, and keep all relevant training records, which is the first line of defense to build risk prevention.

For some jobs that are prone to injuries and accidents, in addition to clearly telling hidden dangers, you can also buy accidental injury insurance for interns to prevent problems before they happen. In addition, the enterprise should establish the enterprise's intellectual property protection system and leak accountability system in advance, and inform the internship students in writing.

5 How to protect rights

In view of the lack of protection of interns' rights by laws and regulations, it is very important to sign an internship agreement, which can be used as an important basis for resolving disputes. The author believes that from the perspective of the protection of interns' rights and interests, the internship agreement should at least stipulate the following matters to fully protect the legitimate rights and interests of interns.

1. Agreement on internship time during internship period. It may be agreed that the daily working hours shall not exceed 8 hours. If the working hours exceed 8 hours due to special circumstances, the internship unit shall pay remuneration to the interns with reference to the calculation method of overtime pay.

2. Agreement on internship remuneration during internship. During the agreed internship period, the internship unit shall pay reasonable internship remuneration to the interns every month, and bear the liability for breach of contract for defaulting on internship remuneration.

3. Handling of casualty accidents during internship. This part is very important. From the perspective of protecting the rights and interests of interns, it can be agreed with the internship unit that if there is a casualty accident, the internship unit will pay the casualty treatment according to the treatment standard of industrial injury insurance to avoid losing the legal basis and damaging the rights and interests of interns.

4. Agreement on the ownership of intellectual property rights during the internship period.

5. Handling of disputes. You can agree to handle the lawsuit through friendly negotiation.

Of course, from the perspective of internship units, it is also very important for internship units to sign internship agreements with interns. The agreement defines the standard of internship remuneration, the agreement of internship discipline, the handling of economic losses caused by interns' mistakes, the agreement of intern personal accident insurance, the responsibility requirements of the school during the internship and the legal responsibility of the school. With a perfect internship agreement, disputes can be better handled. There are two identities during the internship: students and workers.