Xue was hired by an electronics factory. Before starting work, the factory should train new employees for 3 months. The person in charge of the factory told Xue that they were not regular employees during the training period, and everyone only had 800 yuan's living expenses every month. After the expiration of the training period, the factory will decide whether to hire each person according to his different performance. So, does pre-job training establish labor relations?

The lawyer answered the question.

Vocational training is the right of workers and the obligation of employers. According to Article 3 of China's Labor Law, workers have the right to receive vocational skills training. Article 7 of China's "Labor Contract Law" stipulates: "The employer shall establish labor relations with the laborer from the date of employment. The employer shall establish a roster of employees for future reference. " Therefore, the statement of the person in charge of the factory has no legal basis. Xue has established labor relations with the factory since the first day of training. He is a factory employee and should enjoy the same treatment as all other employees.

Legal link

Labor law of the people's Republic of China

Paragraph 1 of Article 3: Laborers enjoy equal employment and choice of occupation, remuneration, rest and vacation, occupational safety and health protection, vocational skills training, social insurance and welfare, submission of labor disputes and other labor rights as stipulated by law.

People's Republic of China (PRC) labor contract law

Article 7 An employing unit shall establish labor relations with laborers from the date of employment. The employing unit shall establish a roster of employees for future reference.