Do internships require an agreement, and do interns need to sign an agreement?

The internship period is generally divided into two situations:

In the contract, the employer shall pay the intern according to the actual work situation, and the labor remuneration shall not be lower than the local minimum wage.

Dispose. Therefore, when such personnel go to the unit for internship, it is best to sign an "internship agreement" with the unit, and clearly stipulate the internship period, internship content, internship remuneration and other contents in the agreement.

Generally, companies go directly to the internship and then pay the internship salary after the internship. Relatively formal countersigning internship agreements, large-scale companies, generally have no problems, some companies are just lazy and unwilling to go through that procedure. You can ask your boss or a colleague in the HR department if you need to sign an internship agreement, see what they say, if they say it is not necessary, or if it is not signed in the first place, you don't have to force it.

In fact, many of the people I have met have not signed, and signing is generally to ensure that you can get a salary. If you don't sign it, you don't necessarily can't get it. The key to an internship is to gain experience and learn useful knowledge and skills from a relatively formal company.

If there are no regulations that are unfavorable to you, it is better to sign them.

Legal analysis: Interns need to sign an internship agreement, which is signed by the company, the school and the student. The internship agreement is a written expression of the rights and obligations of graduates, employers and schools in the employment of graduates, and can solve a series of related issues such as household registration, files, insurance, and provident fund of fresh graduates.

When signing the internship contract, the following points need to be noted: 1. The agreement on the working hours during the internship period. It can be agreed that there shall be no more than 8 hours per day, and if it is indeed more than 8 hours due to special circumstances, the corresponding overtime hours and remuneration shall be agreed.

2. The agreement on the remuneration of the internship during the internship period. Although the remuneration of interns during the internship period is not subject to the minimum wage standard, the intern and the employer can agree on a certain remuneration or subsidy, and it is best to clearly agree on the time of payment and the corresponding liability for breach of contract. 3. Deal with the occurrence of interns during the internship process.

Interns generally do not enjoy work-related injury benefits, so interns should agree with the internship unit on the handling method of ** during the internship period, so as not to protect their rights and interests afterwards. 4. Agreement on the ownership of intellectual property rights of interns during the internship period. 5. Settlement of disputes.

Friendly negotiation and litigation may be agreed upon.

Legal basis: Article 1192 of the Civil Code of the People's Republic of China provides that if a labor relationship is formed between individuals, and the party providing the labor service causes damage to others due to the labor service, the party receiving the labor service shall bear tort liability. After the party receiving the service bears tort liability, it may recover compensation from the party providing the service intentionally or with gross negligence.

If the party providing the service suffers damage due to the service, it shall bear the corresponding liability according to the fault of both parties. During the period of providing labor services, if the third party's behavior causes damage to the party providing the services, the party providing the labor services has the right to request the third party to bear tort liability, and also has the right to request the party receiving the services to compensate. After receiving compensation from the labor party, it may seek compensation from a third party.

1. According to the regulations of the Ministry of Education, it is necessary to sign the intern agreement

2. Generally, the competent departments of education in various localities (prefecture-level cities) shall formulate relevant agreement models;

3. The agreement shall be signed by the enterprise, the school and the students (Party A, Party B and Party C respectively).

4. If the local competent authority does not have a model agreement, it can also be used in other places

5. The key is to clarify the daily working hours in the internship, the method of internship remuneration, and the handling of responsibility time

Interns are required to sign an internship agreement. For the company's interns who need to sign a contract, as an employer, they should sign an internship agreement with the intern, or sign a tripartite agreement with the intern and the intern's school to clarify the details of the intern's internship time, working hours, internship fee, internship content, etc., and the employer can purchase commercial insurance for the intern to avoid economic compensation disputes arising from work-related injuries during the internship process.

When interning in the company, we need to sign an agreement with the company, signing the agreement is a protection of our rights and interests, the agreement is a clear provision on whether the company is legal, working hours, work salary, accidental work injuries and disputes, etc., we don't have to worry about the intern need to sign an agreement, formal enterprises will take the initiative to choose to sign an agreement with employees, so that both parties are protected.

Legal basis

Labor Contract Law of the People's Republic of China

Article 10 [Conclusion of Written Labor Contract] A written labor contract shall be concluded to establish a labor relationship.

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.

If the employer and the employee conclude a labor contract before employment, the employment relationship shall be established from the date of employment.

Article 82.

Legal Liability for Failure to Conclude a Written Labor Contract] If an employer fails to conclude a written labor contract with an employee for more than one month but less than one year from the date of employment, it shall pay the employee twice the monthly wage.

If an employer violates the provisions of this Law by failing to conclude an indefinite-term labor contract with an employee, it shall pay the employee twice the monthly salary from the date on which the indefinite-term labor contract should have been concluded.

Lawyer's answer: Internship requires a contract.

1. Whether the intern needs to sign an agreement1. According to the regulations of the Ministry of Education, an intern agreement needs to be signed; 2. Generally, the competent departments of education in various localities (prefecture-level cities) shall formulate relevant agreement models;3. The agreement shall be signed by the enterprise, the school and the students (Party A, Party B and Party C respectively).4. If the local competent authority does not have a model agreement, it can also be used in other places5. The key is to clarify the daily working hours in the internship, the method of internship remuneration, and the handling of responsibility time2. Circumstances that need to be paid attention to when signing an agreement1. First of all, since there is no clear provision of the law for student internships, which is a legal gap, the internship can only be defined as a civil agreement, not an adjustment of the labor law. Therefore, the internship contract signed during the internship period is generally considered to be a labor contract, not an employment contract. Labor contracts are regulated by the Contract Law and the General Principles of the Civil Law.

The labor contract is regulated by the Labor Law and the Labor Contract. At the same time, in the internship contract, the relationship between the employer and the employer is an equal civil subject, rather than an unequal labor relationship. In the event of a breach of contract, it is a civil liability, not a liability under labor law. 2. The internship association is beneficial for students to protect their own rights and interests, so they must sign a clear internship agreement with the employer and use legal means to protect their rights and interests.

When signing an internship agreement, the following points should be noted: (1) Find out whether the employer's subject qualifications are legitimate. Whether the subject qualifications of the parties to the agreement are qualified is the premise of whether the agreement has legal effect.

Therefore, before signing the agreement, the intern must first review the employer's subject qualifications. (2) See whether the terms of the agreement are clear and legal. The content of the internship agreement is a key part of the entire internship agreement, and the intern must carefully check whether the rights and obligations of both parties are legal; whether it complies with relevant national laws and policies; Whether the position and salary are clarified, etc.

3) Check whether the procedures for signing the internship agreement are complete. The intern and the employer shall agree through consultation and pay attention to the complete completion of the formalities when signing the agreement. Sign and write down the time of signing; The official seal of the unit must be stamped and the time must be indicated, and the official seal of the unit cannot be replaced by an individual's signature.

Finally, pay attention to whether the definition of liability for breach of contract is clear. In the content of the agreement, the breach of contract by both parties and the responsibilities of the parties after the breach of contract should be stated in detail, and the ways and means by which the parties will bear responsibility after the breach of contract should also be clearly stated. In this way, it is conducive to the performance of the agreement between the parties, and is also conducive to preventing the occurrence and resolution of disputes.

When interning in the company, we need to sign an agreement with the company, signing the agreement is a protection of our rights and interests, the agreement is a clear provision of whether the company is legal, working hours, work salary, accidental work injuries and disputes, etc., we don't have to worry about the intern need to sign an agreement, the regular company will take the initiative to choose to sign an agreement with the employee, so that both parties are protected.

Lawyer's answer: The internship requires a signature of the same book.

Article 17 of the Labor Contract Law of the People's Republic of China A labor contract shall have the following provisions: (1) The name, domicile and legal representative or principal person in charge of the employer; (2) The worker's name, address, and resident ID card or other valid identification number; (3) The term of the labor contract; (4) The content of the work and the place of work; (5) Working hours, rest and vacation; (6) Labor remuneration; (Qizi lead) social insurance; (8) Lao Tong's rapid protection, labor conditions and occupational hazard protection; (9) Other matters that shall be included in the labor contract as provided by laws and regulations. In addition to the necessary clauses stipulated in the preceding paragraph, the employer and the employee may agree on other matters such as probationary period, training, confidentiality, supplementary insurance and welfare benefits.

Article 2 of the Labor Contract 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 and study in school are not regarded as employed, and if they have not established labor relations, they may not sign a labor contract.

Accordingly, the internship of college students does not belong to the establishment of labor relations, so the Labor Contract Law does not apply, and it is not necessary to sign an employment contract.

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 and study in school are not regarded as employed, and may not sign a labor contract if they have not established labor relations.

Article 2 of the Labor Contract Law This Law shall apply to enterprises, individual economic organizations, private non-enterprise units and other organizations within the territory of the People's Republic of China (hereinafter referred to as "employers") that establish labor relations with employees and conclude, perform, modify, dissolve or terminate labor contracts.

The conclusion, performance, modification, dissolution or termination of labor contracts by state machine bench customs, public institutions, social organizations and workers who have established labor relations with them shall be executed in accordance with this Law.

Interns are required to sign an internship agreement, which is signed by the company, the school and the student. The internship agreement is a written form of expression that clarifies the rights and obligations of graduates, employers and schools in the employment of graduates, and can be used to solve a series of related problems such as household registration, files, insurance, and public celebrations and MPF for fresh graduates. When signing an internship contract, there are a few things to keep in mind.