During the training period, apprentices have the right to receive training allowances paid by administrative authorities and enterprises. The compulsory insurance system for industrial accidents and occupational disease risks also applies to apprentices. In addition, according to the provisions of the Macao government on the general system of labor relations, apprentices are entitled to weekly rest, annual leave and public holidays.
In Taiwan Province Province, China, in the past, people didn't think highly of "apprenticeship", which seemed to symbolize poverty and backwardness. However, with the development of economy, people gradually realize that the purpose of apprenticeship training system is to promote the formation and training of young labor force, which is a kind of human resource planning and of great significance to the future development of social labor force. Based on this, Taiwan Province Province Labor Standards Law officially named apprentices as "skilled students". As for the identity of technical school students, Taiwan Province scholars believe that although "technical school students" focus on training and training in theory, on the other hand, these technical school students are actually workers working in factories, and from the perspective of actual workers, they should have their considerable labor status [6]. According to the Labor Standards Law of Taiwan Province Province, employers are not allowed to recruit people under the age of 15 as "skilled students", except those who have graduated from middle schools. When an employer recruits technical students, it must sign a written training contract with it, specifying the training items, training period, accommodation burden, living allowance, relevant teaching, labor insurance, certificate of completion, conditions for the contract to come into effect and terminate, and other matters involving the rights and obligations of both parties, which shall be jointly agreed by both parties and reported to the competent department for the record. The employer shall not charge the relevant training fees to the "technical students". After the expiration of the training period, the employer can stay and enjoy the same treatment as the workers in the same position. The number of "skilled workers" shall not exceed 1/4 of the number of workers, and if the number of workers is less than 4, it shall be counted as 4. The relevant provisions of the Labor Standards Law on working hours, rest, vacation, child labor, female workers, disaster compensation and other labor insurance shall apply mutatis mutandis to "skilled students". In addition, the Technical Training Law has been specially formulated for further regulation.
As can be seen from the above provisions, the apprenticeship training system implemented in Macau and Taiwan Province in China is very similar to the apprenticeship training method for school-age youth in Chinese mainland in 1980s. The difference is that although enterprises in the two places provide vocational training opportunities for school-age youth, apprentices do not establish formal labor relations with enterprises. Only after mutual consent training can apprentices be retained as formal employees of enterprises. In Germany and France, apprenticeship training centers or vocational schools are adopted to combine school education with enterprise practice, which is very close to the current mode of training skilled workers in vocational schools or training institutions in China. The difference is that the protection of the rights and interests of young employees who practice in enterprises is governed by the relevant provisions of the labor law. In these countries and regions, no matter in the name of "apprentice" or "internship", the relevant government departments attach great importance to and strictly supervise the vocational training of school-age teenagers by enterprises. The German government and the government of the China Special Administrative Region even spared no expense to promote the participation of young laborers in vocational training through financial subsidies. In the adjustment of applicable laws, teenagers who participate in enterprise internships are regarded as laborers with special status and are included in the labor law for adjustment. Although the government of the Macao Special Administrative Region stipulates that the apprenticeship training contract does not produce subordinate labor relations, nor can it be used as the basis of subordinate labor relations, the relevant provisions of the applicable labor law are still applicable to young workers participating in training activities.
Three. Suggestions on Perfecting the Legal System of Vocational Training in China (I) Clarifying the Legal Status of Internship Students In view of the nine-year compulsory education system in China and the stipulation that first-year vocational school students can't go to enterprises for internships, vocational school students who participate in internship activities in internship units basically meet the age limit of 16 stipulated in China's Labor Law, although their status is different from that of ordinary workers in enterprises. Internship activities are also different from the so-called "labor" in the traditional labor law, but we should still learn from the provisions of foreign vocational training laws, regard internship vocational school students as special workers, and enjoy the relevant rights stipulated in the labor law.
(2) Incorporate the handling of personal injury accidents suffered by interns into industrial injury insurance. As interns are actually under the control and management of the internship unit, the internship unit, as the provider of working conditions, the director of internship activities and the winner of labor achievements to some extent, should provide interns with labor safety and health conditions that meet the requirements of the state, and bear the corresponding employer responsibilities for personal injuries suffered by interns during the internship.
In order to avoid aggravating the economic burden of internship units, it can refer to Article 6 1 of the Trial Measures for Industrial Injury Insurance for Enterprise Employees promulgated by the former Ministry of Labor 1996: "Students from colleges, technical schools and vocational high schools who participate in industrial injury insurance may be given one-time treatment according to the relevant treatment standards of these Measures. The industrial injury insurance agency does not charge insurance premiums to relevant schools and enterprises. " Or by amending the current Regulations on Work Injury Insurance, interns will be included in the scope of application. For example, Germany's accident insurance law stipulates that all employees, public officials or apprentices are entitled to industrial accident insurance benefits [7]. France's "Labor Law" has also made similar provisions, which is worth learning.
(three) reasonably determine the labor remuneration that the internship unit should pay to the interns. Fair labor standards act allows enterprises to pay less than the minimum wage to five categories of employees, including interns. The salary level of interns is set at 75% of the current minimum wage, that is, $3.86 per hour [8]. In addition, in the United States, the minimum wage exemption system is also applicable to apprentices who have reached the age of 16, participated in the apprenticeship training program and are employed in the technical industry. However, qualified apprentices must be able to get a starting salary not lower than the ordinary minimum wage standard stipulated in fair labor standards act. Full-time students who are employed by retail or service businesses, agricultural departments or institutions that need higher professional knowledge can get no less than 85% of the current minimum wage. According to the French labor law, apprentices can get wages, and the amount of wages varies according to the percentage of the minimum wage in various industries and the age of the salaried person, which is determined by the law once a year. Before determining the salary of apprentices, we must listen to the opinions of the National Employment, Social Development and Vocational Training Committee. The labor administrative department of Wuxi City, Jiangsu Province stipulates that enterprises should give interns an appropriate living allowance, the standard is not less than 50% of the local hourly minimum wage, which is paid directly to interns by enterprises in the form of money [9].
(4) to prevent the excessive use of student internships in vocational schools from causing improper substitution of employees in enterprises. In the United States, when hiring interns, employers must apply to the labor authorities for special permission. For every 65,438+0 interns, employers must apply for special permission. Under normal circumstances, only when this kind of employment will not replace ordinary employees, that is, "there will be no potential to reduce full-time employment opportunities", and the number of interns only accounts for a small part of the total number of employees, will the special permission to use interns be approved [10]. In 2005, the office of Suzhou Municipal People's Government formulated the Opinions on Standardizing Employers' Acceptance of Students from Secondary Vocational Schools, which stipulated that the total number of interns accepted by internship units should not exceed 5% of the total number of employees of the unit, and the internship period of the same batch of interns should generally not exceed 6 months, which should be affirmed.
(five) to strengthen the supervision and management of student internship enterprises. The employing units that accept students' internships in vocational schools shall submit copies of the qualification certificates, internship agreements, student rosters and other materials of the schools where the interns are located to the local labor and social security administrative departments for the record. After examination and filing, internship activities can be carried out in enterprises. The labor administrative department should not only review the qualifications of the school where the interns work, the age of the interns and the legality and fairness of the internship contract, but also review the qualifications of the internship enterprises and the necessity of using interns.
If the employer violates the internship agreement and infringes on the legitimate rights and interests of interns, it shall deprive them of the qualification to use interns.
(6) Students' internship in enterprises should be consistent with or similar to their professional skills and educational content in schools. The internship unit shall provide labor safety and health conditions that meet the requirements of the state. The provisions in the Provisions on Special Protection of Juvenile Workers on the scope of harmful labor that minors are prohibited from engaging in, the provisions on the scope of labor that minors with certain diseases or physical defects are restricted from engaging in, and the provisions on health examination before taking up their posts should be applicable to students who practice in enterprises. For interns working in toxic and harmful environments, labor protection articles and nutritional subsidies should be distributed in strict accordance with the relevant provisions of the state, training and study on safety protection knowledge and post operation procedures before interns take up their posts should be strengthened, and safety protection measures should be implemented to prevent casualties.
(VII) Reasonable arrangement of interns' working hours Enterprises shall strictly abide by the provisions of the Labor Law, arrange interns' working hours, which shall not exceed 8 hours per day and 40 hours per week, and shall give interns the right to rest and vacation on public holidays and legal holidays. If it is not necessary, internship students shall not be arranged to engage in night internships or overtime. In addition, there should be restrictions on the internship time of interns in enterprises, such as stipulating that students' internship time in enterprises generally does not exceed one semester.
refer to
[1] Ministry of Education, Ministry of Finance and China Insurance Regulatory Commission. Notice on implementing student internship liability insurance in secondary vocational schools [Z]. Jiaozhicheng [2009]No. 13.