Graduation trainee: "zero salary" is illegal! Student internship: "zero salary" is not illegal! "Intern" refers to the graduates during the probation period, who are legal workers, while "intern" is a student who only studies and trains in the employer, not a worker. According to the judgment standard of labor relations, interns are students, and there is no labor relationship with the internship unit. Therefore, the relevant provisions of the labor contract law cannot be applied, and it does not have the subject qualification stipulated in the labor law. Our country's law does not stipulate whether the internship salary is limited by the minimum wage, nor does it clearly stipulate the internship salary. It should be said that the purpose of college students' internship in the company is to combine theory with practice and consolidate their professional knowledge. Internship is not an employment behavior, but a training study. The intern and the company have not formed a labor relationship, so the confession has no obligation to pay the intern's salary. However, if the intern and the employer have an agreement on the internship remuneration, then the employer will pay the intern remuneration (not salary) as scheduled, and the intern can ask the employer to bear the corresponding responsibilities through court civil litigation and strive to safeguard their own rights and interests. The agreement of "zero salary" is invalid and can be dissolved at any time. It is worth noting that at present, many units in society recruit graduated college students in the name of recruiting interns, deliberately confusing the concepts of "interns" and "interns". It is illegal to use their labor force for "zero wages", and "interns" are real workers, so they should take up legal weapons to safeguard their rights and interests. According to the provisions of the Labor Contract Law, such an agreement, whether an oral agreement or a written labor contract, which excludes workers' main rights, is invalid. The cases in which the labor contract is invalid or partially invalid listed in the Labor Contract Law include the cases in which the employer exempts itself from legal responsibility and excludes the rights and interests of workers. Because this "zero salary" agreement is invalid, "trainee" can still ask for his own salary even if he has made this agreement with the unit. If this invalid agreement is signed, the "trainee" can terminate the agreement with the employer at any time, and the colleague employer will pay the salary and economic compensation. If the unit does not sign a written agreement with the "trainee" at all, after a certain period of time, the unit will pay twice the salary and pay the social insurance premium during the working period according to law. Therefore, enterprises should also consider related risks when choosing to accept "zero salary".

This article is excerpted from the column of South Bao Gong's Rights Protection, 2011February 15.