2. Interns are willing to practice in the internship unit, abide by the rules and regulations of the internship unit, and pay labor remuneration; Internship units provide internship conditions for interns and pay certain labor remuneration. In this case, the interns fulfilled their labor obligations and enjoyed labor remuneration, which can be regarded as a factual labor relationship between the two parties.
3. There is salary during the internship. As long as you work, even if you work for one day, the employer will pay the wages due. As long as you establish a factual labor relationship with the enterprise, the enterprise should pay the wages of the workers, whether it is a probation period or not, and regardless of the nature of the enterprise. Internship units provide internship conditions for interns and pay certain labor remuneration.
What should I do if I have an accidental injury during my internship?
Specifically, the responsibility of interns who are injured in the internship should be divided into three situations:
1. Internship is recommended by the school.
In this case, on the one hand, the employer, as the provider of interns' working conditions, the director of work arrangements and the winner of some degree of labor achievements, should provide interns with safe and hygienic working conditions that meet the requirements of the state, and bear corresponding legal responsibilities when interns are injured in their work.
On the other hand, schools, as teachers, guardians and referees of students' internship activities, should foresee the inevitable and possible risks of interns in the internship and bear the corresponding legal risks. Therefore, schools and employers should bear joint and several liability for compensation for interns, and interns can choose to ask one or both parties to bear the liability for compensation;
2. The internship process has not been arranged or recommended by the school.
In practice, interns can practice according to their own arrangements because of their flexible study time; The internship unit does not need the relevant recommendation or certification materials from the school to accept interns. The internship activities are all connected by the students themselves, and the internship process has not been reported to the school teachers or relevant departments.
In this case, as long as the school fulfills its supervisory responsibility in the usual supervision activities and properly informs or publicizes the possible problems of students' self-contact internship, the internship unit should bear the main responsibility for the injury of interns. Because, as the provider of interns' working conditions, the director of work arrangement and the winner of some labor achievements, the internship unit has the responsibility to provide interns with safe and hygienic working conditions that meet the national regulations at all times.
At the same time, after all, schools have the obligation to supervise students and should protect their personal safety as much as possible. Based on this supervisory responsibility, the school should take supplementary responsibility for the injuries of students during their internship. That is, when the employer can't pay all the compensation expenses and endanger the injured students or their rehabilitation, the school will pay the relevant expenses in advance;
All the students participating in the internship are minors.
In this case, regardless of whether the students' internship activities involve the school, the school should be jointly and severally liable with the internship unit for the injuries suffered by the students during the internship.
Because, as the guardians of its students, schools should pay more attention to and strictly manage underage students. Minor students have limited capacity for behavior, and schools bear heavier supervision responsibilities than other adult students.
To sum up, after graduates are employed, their salary standards and welfare benefits shall be implemented according to the relevant provisions of the state, and the length of service shall be calculated from the date of registration.
Legal basis:
Article 17 of the Regulations on the Management of Students' Internship in Vocational Schools
It is stipulated that an internship unit that accepts students' internships should reasonably determine the internship remuneration with reference to the remuneration standard of the same position of the unit and the workload, work intensity and working hours of the interns, and in principle, it should not be less than 80% of the internship salary standard of the same position of the unit, and pay the students in full and on time in monetary form according to the internship agreement.
Article 20 of People's Republic of China (PRC) Labor Contract Law
It is stipulated that the wages of workers during the probation period shall not be lower than 80% of the minimum wage of the same position in the unit or the wage agreed in the labor contract, and shall not be lower than the minimum wage standard in the place where the employer is located.