The main manifestations of college students' rights and interests damaged during their internship
First, it was infringed by the internship unit. First, the internship unit refused to sign the internship agreement. Even if the internship agreement is signed, there is still a problem of nonstandard content, and there is a lack of explanation on the protection of interns' rights and interests, such as the handling of interns' casualties. Secondly, in the process of internship, the internship remuneration of college students is generally low, and the working hours are long, with little overtime pay. Some internship units even require payment of internship fees. Moreover, many internship units do not consider interns' lack of safety production experience, or even provide basic safety protection equipment and measures, resulting in interns' safety accidents and accidental injuries from time to time.
Second, the negative inaction of schools and government departments. The negative or non-performance of the school's responsibility for education management and the lack of management of internship units by relevant government departments can easily lead to the infringement of college students' rights during their internship, and at the same time make it difficult for college students to get effective relief and protection of their legitimate rights and interests after being infringed.
Reasons for the damage of college students' internship rights and interests
First, college students themselves. First of all, the lack of legal awareness is an important reason why the rights and interests of college students are violated during their internship. Most students do not know much about labor law, labor contract law and other laws and regulations, and have not signed internship agreements with internship units. Secondly, most college students generally lack awareness of rights protection. Because students are in a weak position in the internship process, it is difficult to prove the fault responsibility of the internship unit and the school when their rights are damaged, and it is difficult to effectively use legal weapons to safeguard their legitimate rights and interests.
Second, the responsibilities of schools, internship units and government departments are not clear. In the process of college students' internship, the school should undertake the obligation of education management for college students and provide protection for their legitimate rights and interests from infringement. The internship unit shall sign an internship agreement with the intern and explain the relevant provisions on accidental injuries during the internship. Interns should not be regarded as cheap labor and their rights and interests should be violated. Government departments should undertake the supervision of employers who receive interns to prevent interns from infringing their legitimate rights and interests.
Third, the lack of legal norms. China has not yet established a perfect management system and guarantee mechanism for college students' internship, and there is no clear stipulation on the identity and nature of interns, and there is no systematic elaboration on their rights and obligations. The imperfection of the law has become an important objective reason for the infringement of interns' rights and interests. At present, the labor law does not define interns as laborers, and the relationship between interns and internship units does not belong to the adjustment scope of labor law and labor contract law.
Analysis on the Legal Relationship of College Students during their Internship
First, the identity of college students during their internship. So-called? College student internship? , that is to say? A learning process in which college students or graduates go to employers to participate in social practice and apply and test their theoretical knowledge in practical work in order to improve their comprehensive quality and enhance their employability? . In the process of internship, interns are not limited to students, but also have labor relations with internship units, and interns should obey the management of both schools and internship units. Only by clarifying the identity of college students during their internship can the legitimate rights and interests of interns be effectively protected. Therefore, it is particularly important whether interns belong to the scope of workers stipulated in the labor law.
There are still some people who think that although the current law does not give college students the qualification of workers during the internship, their work during the internship is only different from that of ordinary workers in form, and there is no essential difference. First of all, the constitution of our country clearly stipulates the citizens' right to work, and Article 19 of the constitution stipulates that workers have the right to education, which shows that students are not in conflict as workers. This paper holds that because college students are in a weak position during their internship, their legitimate rights and interests are easily violated, and their labor rights should be recognized by the labor law. Interns can be regarded as quasi-workers and their labor rights can be specially protected.
Second, the legal relationship during the internship of college students. The legal relationship during the internship of college students mainly involves: the legal relationship between students and schools, schools and internship units, and students and internship units. Among them, the relationship between students and schools is an educational management relationship. Although students should obey the management of the internship unit when they participate in the internship, as college students, there is no doubt that they should obey the unified arrangement of the school. Schools should undertake the legal obligations of education, management, guidance and protection for students. The legal relationship between the school and the internship unit should be determined according to whether the school assigns students to the internship unit. If the school signs an internship agreement with the internship unit, the relationship between the two parties is entrusted, and they are responsible for the personal injury of the intern during the internship according to the agreement.
There are many views on the legal relationship between interns and internship units in academic circles:
1, theory of incidental labor relations. The internship unit accepts the teaching entrustment of the school through the internship agreement, so as to obtain the educational management right of the students. At the same time, students gain practical experience and skills by providing labor to internship units, and there is a certain labor relationship between them. Therefore, the basic relationship between students and internship units should be the relationship between education management and being managed, and there is a certain labor relationship on this basis.
2. Dualistic theory of educational management relationship and factual labor relationship. The legal relationship between interns and internship units has the duality of educational management relationship and factual labor relationship.
3. Theory of educational management relationship. During the internship, students establish an educational management relationship based on the internship contract instead of a labor relationship with the employer.
4. Theory of labor relations. Judging from the characteristics of labor relations, the relationship between interns and internship units has the characteristics that labor relations are different from civil relations, such as specific subjects, equal subordination, property and personal nature. Therefore, the relationship between interns and internship units is essentially a labor relationship.
Constructing the Security System of College Students' Internship Rights and Interests in China
First, the experience of foreign internship rights protection system. First of all, the law clearly stipulates the labor rights and interests of college students during their internship. Most western countries have affirmed the qualifications of internship students in labor legislation. Secondly, the salary and working hours of college students' internship are guaranteed by law. Thirdly, the internship students will be included in the scope of industrial accident insurance. Most countries adopt the form of employees to cover the occupational injuries of college students. France stipulates that interns can enjoy social insurance for college students, covering industrial accidents and occupational diseases.
Secondly, the legislative evaluation of college students' internship in Guangdong Province. First of all, on March 1 2065438, the Regulations on Student Internship and Graduate Employment Internship in Guangdong Province (hereinafter referred to as the Regulations) was officially promulgated, which became the first special legal system in China to regulate and guarantee college students' internships in the form of local regulations. Secondly, the regulations stipulate the norms and management system of internship. Finally, the "Regulations" make detailed provisions on the legal responsibilities of internships, mainly including the legal responsibilities of schools, internship units, government departments and their staff.
However, there are also shortcomings in this provision, the most prominent problem is that the protection of the labor rights and interests of internship students is not comprehensive enough. First, the regulations emphasize that internship is an activity related to teaching and an extension of learning, which has the characteristics of labor, but it does not clearly define the special status of college students during internship. Second, the remedies for the rights and interests of interns are not clear.
Third, measures to improve the rights and interests of internship students in China. First, improve China's relevant laws and regulations. First of all, it is necessary to bring interns who meet the nature of workers into the scope of labor law protection, and at the same time establish a unified and special legal system applicable to the whole country to effectively safeguard their rights and interests during their internship. Secondly, the coverage of industrial injury insurance system will be expanded, and interns who have established factual labor relations with internship units will be included in the industrial injury insurance system, and internship units will pay insurance premiums for them. Third, establish a student appeal system and a special appeal committee to deal with the infringement of rights and interests of college students during their internship. Finally, the internship agreement is mandatory.
Second, the school should improve the internship system and strengthen the supervision of interns. With the increasingly severe employment situation, practice has become an important part of teaching, and schools have the responsibility to standardize the practice system and provide necessary guarantees for students' practice. Schools should establish a perfect internship system, including the formulation of internship objectives, the cultivation of students' legal awareness, the supervision of middle school proofreaders and interns during the internship process, and the commitment of relevant legal responsibilities.
Thirdly, college students should enhance their legal awareness and self-protection. College students should strengthen the study of labor-related legal knowledge and take the initiative to sign an internship agreement. In addition, we should cultivate our awareness of rights protection, use legal weapons in the event of injury accidents, and effectively safeguard our legitimate rights and interests.