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According to the relevant provisions of Article 2 of the Labor Contract Law, the Law applies to both parties to the establishment of an employment relationship. Therefore, in order to apply the Labor Contract Law, the entity must meet the qualifications of the entity to establish an employment relationship. Article 12 of the Opinions of the Ministry of Labor on Several Issues Concerning the Implementation of the Labor Law of the People's Republic of China stipulates that students who work or study in school are not regarded as employed, and if they have not established labor relations, they may not sign labor contracts.
Accordingly, the company's recruitment of college students for internship does not belong to the establishment of labor relations, and therefore the Labor Contract Law does not apply, and it is not necessary to sign a labor contract.
Work-related injuries during the intern:
According to the relevant national and local regulations, work-related injuries are aimed at the employer and the worker who have established an employment relationship. Therefore, the provisions on work-related injuries do not apply to the internship of college students who are not regarded as establishing labor relations, and if an accident occurs during work. The relevant provisions of Article 11 of the Interpretation of Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases promulgated by the Supreme People's Court in 2003 are applicable to such persons.
Therefore, if this part of the interns has an accident during work, there is no need to identify the work-related injury, and the company does not need to bear the liability for compensation for work-related injury benefits.
Some companies stipulate in the internship agreement with the intern that the intern shall be responsible for the accident during the internship, and the company shall not bear any responsibility. This clause is an exemption clause, which conflicts with the judicial interpretation of the Supreme Court and should be invalid.
According to the above-mentioned judicial interpretation of the Supreme Court, the employer shall be liable for compensation for personal injury suffered by an employee in the course of employment activities. It can be seen that regardless of whether the employer is at fault or not, regardless of whether there is an agreement between the two parties, the employer as the employer is ultimately liable for compensation.
Attachment: Interpretation of Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases (promulgated in 2003).
Article 11 Where an employee suffers personal injury in the course of employment activities, the employer shall be liable for compensation. If a third party outside the employment relationship causes personal injury to an employee, the person entitled to compensation may request the third party to bear the liability for compensation, and may also request the employer to bear the liability for compensation. After the employer assumes the liability for compensation, it can recover from a third party.
If an employee suffers personal injury due to a work safety accident in the course of employment activities, and the employer or subcontractor knows or should know that the employer receiving the contract or subcontract business does not have the corresponding qualifications or conditions for safe production, it shall be jointly and severally liable with the employer for compensation.
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Interns are only students and are not eligible to sign labor contracts, so there is no special guarantee for interns. However, the change of the internship agreement from the original two parties to three parties is a kind of protection for interns, and Guangdong requires interns to purchase a separate work-related injury, but because it is inconvenient to operate, they are replaced by commercial insurance.
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There is no provision in this regard, as interns are generally considered not to be workers.
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Legal analysis: Interns do not belong to the applicable objects of the Labor Law and the Labor Contract Law, and the internship agreement signed between the intern and the employer is a kind of contract, which is protected by the Civil Code, and the two parties establish a labor relationship.
Legal basis: "Opinions on Several Issues Concerning the Implementation of the Labor Law of the People's Republic of China" 12 Students who use their spare time to work and study are not regarded as employment, and if they have not established labor relations, they may not sign labor contracts.
No, it is calculated from the previous initial employment time, see the implementation rules of the Labor Contract Law: >>>More
It should be fine, because the indefinite time limit when renewing is a national regulation, and what your boss said doesn't work, hehe, it doesn't matter if it is changed, it depends on the labor law.
Hello, to the problem you described, the lawyer replied as follows: >>>More
It is expressly stipulated in the law that the contract cannot be terminated during the medical treatment. If the dismissal on the grounds that the unit fails the assessment is a deliberate circumvention of the law and a serious violation of the law, there is also a sentence after the unqualified training, requiring the unit to arrange another job. Compensation is based on the premise of termination of the contract, and it is related to the length of service years, so it is difficult to compare which compensation is more.
It is necessary to confirm the employment relationship first, but based on the evidence you mentioned, it is more likely that the employment relationship will be confirmed, and if the employment relationship can be confirmed, the work-related injury can be determined.