1. Can students sign labor contracts?
(a) can sign a contract, students have the employment age in line with the provisions of China's labor law, and their college status is not excluded by the provisions of the labor law. If both parties reach an agreement through consultation and sign a labor contract, which does not violate the law, it shall be protected by law.
(2) Article 10 of the Labor Contract Law stipulates that a written labor contract shall be concluded to establish labor relations.
(3) If a labor relationship has been established and a written labor contract has not been concluded at the same time, a written labor contract shall be concluded within one month from the date of employment.
According to the following two points: The Labor Contract Law does not contain clauses such as "students at school are not laborers and do not have the qualification of the subject of labor contracts" or "the labor contracts signed by college students who have not graduated are invalid". According to the provisions of the Labor Law, people who have reached the age of 16 meet the employment age stipulated by law, and the status of college students is not necessarily excluded by the Labor Law.
However, students taking part-time jobs and studying after school hours are not regarded as employment, and there is no need to sign labor contracts because they have not established labor relations.
2. What contracts did the fresh graduates sign during their internship?
Internship contract and internship agreement.
As a fresh student, he has formed an employment relationship with the employer during his internship. Regular enterprises will sign internship contracts or internship agreements with fresh graduates. In this contract (or agreement), both parties will stipulate the internship period, internship fee, internship post, living allowance and other matters. In case of breach of contract, the breaching party will be held accountable according to the written agreement documents.
Internship contract (or internship agreement) belongs to labor service contract and is protected by relevant laws. Freshmen who have signed an internship contract (or internship agreement) have formed an employment relationship with the employer, so they enjoy corresponding legal protection in their internship work.
During the internship, if there is an accident due to work, you should enjoy the treatment of "work injury" (medical care, insurance, employment placement, etc. , depending on the actual situation and local policies), and enterprises should provide accident insurance for interns to avoid corresponding risks.
During the internship, fresh graduates who have not signed an internship contract or internship agreement should also be classified as "work-related injuries" and enjoy the due treatment because the students have formed a de facto employment relationship with the employer during the internship.
In our daily life, students in school belong to the student status, so they can't sign labor contracts with employers as social people, otherwise the labor contracts signed in this way will be invalid, which needs attention.