Should the internship be paid or not, and should the internship be paid?

There are two types of internships during college.

1. If you do not obtain the employment recommendation form for college students, then the company can be regarded as a college student affiliated unit to "study", note that you take the initiative to ask the unit to give you the opportunity to learn, and the unit provides resources to train you, so the two parties do not belong to the labor relationship, and are not bound by the "Labor Contract Law", and the unit can not pay you.

2. There is no judicial provision on obtaining a college student's employment recommendation form, but there are precedents that it is determined that the student is a regular employee of the unit, and that there is an employment relationship between the college student and the employer, which is subject to the Labor Contract Law. The employer shall pay you wages in accordance with the law.

There is such a saying: College students can't sign labor contracts? This is negative, because there is no law in China that says that college students cannot sign labor contracts or buy social security, so you can ask your employer to sign a formal labor contract with you.

Now the employer signs an internship contract with you just to avoid the cumbersome matters of social security, and at the same time to reduce labor costs and reduce risks. Another question should be noted, if you do not buy social security, then you should be responsible for the medical matters of the accident during the work, unless the unit has an agreement with your school, otherwise, according to judicial practice, even if the contract is not agreed or agreed to be borne by you, the unit should also bear it.

College students are not allowed to sign labor contracts with employers during the internship period, but this does not mean that employers can infringe on the labor rights and interests of college students at will. Generally, employers sign internship agreements with college students, which can also protect the rights and interests of college students.

Is there a salary during the internship and how is the salary calculated.

Legal Analysis: If there is a salary during the internship period, as long as there is an employment relationship between the employee and the employer, and the employee has paid a certain amount of labor, the employer shall pay the employee's labor remuneration. The salary of the employee during the probationary period shall not be less than 80% of the minimum wage of the same position in the employer or the wage agreed in the labor contract, and shall not be lower than the minimum wage standard of the place where the employer is located.

Legal basis: Labor Contract Law of the People's Republic of China Article 20 The salary of an employee during the probationary period shall not be lower than 80% of the minimum wage of the same position in the employer or the wage agreed in the labor contract, and shall not be lower than the minimum wage standard of the place where the employer is located. If the employer fails to pay the wages and remuneration of the employee during the probationary period, the worker may file a complaint with the labor inspectorate, who shall order the employee to pay the employee within a time limit, and if the employer fails to pay the employee within the time limit, it shall be ordered to pay the employee additional compensation at the rate of 50% to 100% of the amount payable.

Legal Analysis: Legal.

1. The salary of interns is not prescribed by law, there is no specific agreement, no wages are paid, and it is not illegal 2. Interns refer to college students who use their spare time to study diligently, and there is no labor relationship between them and the employer, there is no salary to say, and there is no law to impose the wages of interns, as for the remuneration after providing labor, it mainly depends on how the two parties negotiate 3. If there is no agreement and no agreement is made to provide labor remuneration, the employer does not pay it and it is not illegal, and the next time you will find an internship unit4. Students who use their spare time to work and study are not regarded as employment, and if they do not establish labor relations, they can not sign a labor contract.

Legal basis: Administrative Measures for Pre-tax Deduction of Remuneration Paid by Enterprises to Interns

Article 10 The remuneration of interns deducted before tax shall be managed in accordance with the pre-tax deduction method for wages stipulated by the tax. If the actual remuneration paid to interns is higher than the allowable pre-tax deduction wage standard, it shall be deducted according to the allowable pre-tax deduction salary standard; If the actual remuneration paid to interns is lower than the allowable pre-tax deduction of wages, the pre-tax deduction shall be based on the actual remuneration paid.

Article 11 The pre-tax deduction of interns' remuneration shall be subject to the reference system, that is, the enterprise shall calculate the deduction by itself when declaring to the competent tax authorities, but the following information must be prepared for inspection and verification by the tax authorities in the daily management of the enterprise:

1) Internship cooperation agreement signed between the enterprise and the school;

2) Internship roster (must indicate the intern's ID number, student ID number and internship contract number);

3) Bank transfer voucher for intern remuneration;

4) Proof of payment of accident insurance premiums for interns.

Article 12 The subsidy income obtained by an enterprise from the state or the school for accepting student internships shall be incorporated into the taxable income of the enterprise and the enterprise income tax shall be paid.

Employees who are not paid wages during the internship period can file a complaint with the local labor inspection department or apply for labor arbitration. Wages shall be paid to the worker in monetary form on a monthly basis. No wages owed to workers shall be deducted or unreasonably delayed.

Article 50 of the Labour Law stipulates that wages shall be paid to the worker in monetary form on a monthly basis. Employees shall not be deducted or owed wages to their friends without reason.

Legal Analysis: No. During the internship period, the employee may file a complaint with the local labor inspection department or apply for labor arbitration.

Legal basis: Labor Law of the People's Republic of China

Article 50 Wages shall be paid to the workers themselves in the form of money on a monthly basis. The wages owed to laborers shall not be deducted or unreasonably delayed.

Article 91 Where an employer infringes upon the lawful rights and interests of a worker in any of the following circumstances, the labor administrative department shall order it to pay the worker's wages and remuneration and economic compensation, and may also order the payment of compensation:

1) Withholding or defaulting on the wages of workers without reason;

2) Refusal to pay wages and remuneration for extended working hours to those who have changed their labor and demolition differences;

3) Paying wages to workers lower than the local minimum wage standard;

4) Failing to give economic compensation to the worker in accordance with the provisions of this Law after the termination of the labor contract.