Is it an employment relationship for an intern?

According to the nature of the internship, whether there is an employment relationship is judged, if it is not a training internship for students and an employment internship for graduates, it should be deemed that the two parties have established an employment relationship. In work-study internships, there is a labor relationship between college students and employers, and the rights and obligations between them are adjusted by the contract law, which is not an employment relationship. (1) Training-based internship.

As part of the school's teaching plan, the internship arranged by the school to the practice department is a training-type internship. Training-based internships should be regarded as an extension of teaching, and accumulating experience through internships to improve students' technical abilities cannot be regarded as employment. (2) Work-study internships.

In order to obtain living expenses and study expenses, the work-study activities carried out by individual students in their spare time can be called work-study internships. In this kind of internship activity, there is no labor relationship between the university student and the unit he or she serves. Article 12 of the Ministry of Labor's "Opinions on Several Issues Concerning the Implementation of the (Labor Law)" points out that students who use their spare time to work and study are not regarded as employment, and may not sign labor contracts without establishing labor relations.

Hello. 1. In the case of internship, it is indeed not an employment relationship, but a labor relationship.

2. Directly prepare relevant evidence and materials, and go to the local people's court to sue for rights protection.

3. You can hire a lawyer**, which is more professional.

During the internship period, students also have a certain labor relationship with the internship unit, and will also receive certain protection.

It depends on the specific situation, and it depends on the form of the employer, if it is not a series of training and training internships for relevant students, which is just the actual training of graduates, then there is a labor relationship assignment.

As long as the two parties sign a labor contract, and then belong to the in-service employees of the pure service company in the course of work, it is the content of the work that is arguing from the beginning, and there is an employment relationship between the two.

There is no employment relationship between the intern and the employer, and the relationship between them belongs to the labor relationship. Interns generally do not have a formal employment contract with the company and have no employment relationship. However, interns are also workers and are also protected by law.

[Legal basis].

Article 3 of the Labor Law stipulates that workers enjoy the right to equal employment and choice of occupation, the right to receive remuneration for labor, the right to rest and vacation, the right to labor safety and health protection, the right to receive vocational skills training, the right to enjoy social insurance and welfare, the right to submit a request for labor dispute settlement, and other labor rights provided by law. Workers shall complete labor tasks, improve their professional skills, implement labor safety and health regulations, and abide by labor discipline and professional ethics.

There is no employment relationship between the intern and the employer, and the relationship between them is a labor relationship. Interns generally do not have a formal employment contract with the company and have no employment relationship. However, interns are also workers and should be protected by law.

Article 3 of the Labor Law Workers enjoy the right to equal employment and choice of occupation, the right to receive labor remuneration, the right to rest and vacation, the right to labor safety and health protection, the right to receive vocational skills training, the right to enjoy social insurance and welfare, the right to submit labor disputes for settlement, and other labor rights prescribed by law. Workers shall complete labor tasks, improve their professional skills, implement labor safety and health regulations, and abide by labor discipline and professional ethics.

The internship situation is also divided into a variety of situations, and labor relations must be established with the unit, so as to better safeguard the legitimate rights and interests of interns.

Generally, when students are about to graduate, they will go out for internship a period of time in advance, and the intern has a labor relationship with the internship company, which is a labor relationship established between the intern and these units, and in the process of internship, the intern must establish a corresponding labor relationship with this unit, so as to be able to protect their rights and interests, and the main purpose is to enhance the professional proficiency of this work, so that they can independently engage in this work, which is also the purpose of the internship. There is also a kind of intern who improves his professional skills through practical activities in some units for future work or for study.

If such college students intern in the company, they should also see whether there is an employment relationship between themselves and the unit, which also needs to be judged according to the specific reasons. If the student is using his or her spare time at school to go on a work-study program, the relationship established with the employer is not considered an employment relationship. Because they choose to go to work-study in their spare time, they are not recognized as employment, and there is no labor relationship, the main identity of interns here is still students, and the main purpose of students is to complete their studies, which is also the main task, and they are not able to earn a certain amount of labor expenses through part-time work, and this is not a way of employment with employment as the main purpose, and they do not have the status of laborers in law.

For some prospective graduates, if they enter the unit for internship at this time, the employer should confirm the opinion with the intern, and require the trainee and prospective graduates to come to the unit for internship, as well as restrictions such as probation period and inspection. The main reason is that graduates have to get in touch with the society, and only by learning in practice can they better apply theoretical knowledge and master relevant professional skills.

The internship period of the student in the company is also counted as an employment relationship; If a student uses some spare time to work and study during the school period, it cannot be recognized as a labor relationship, and if the student uses his spare time to work and study, he or she searches whether it is for employment, and if it is an internship in the company, then the emptiness can constitute a labor relationship.

The internship period of the student in the company is also considered an employment relationship, during which the internship contract needs to be signed, and the company should also fulfill the relevant obligations and responsibilities.

I had to argue that the students should intern in the company, which is also considered a labor relationship, because the students are also in the labor relationship in the company. It can be determined by their contract conflict.

There is no labor relationship between the intern and the internship unit. Before students participate in on-the-job internship and top-post internship, the vocational school, the internship unit and the student should sign an internship agreement. The text of the agreement shall be held by each of the parties.

The following is a detailed answer to the question of whether interns belong to labor relations.

1. Is it an employment relationship for interns at the school?

1. The relationship between the intern and the internship unit is not a lead labor relationship. Before students participate in on-the-job internship and top-post internship, the vocational school, the internship unit and the student should sign an internship agreement. The text of the agreement shall be held by each of the parties.

2. Legal basis: Article 1 of the Regulations on Labor and Social Security Supervision.

These Regulations are formulated in accordance with the Labor Law and relevant laws in order to implement the laws, regulations and rules on labor and social security (hereinafter referred to as "labor security"), to standardize the supervision of labor security, and to safeguard the legitimate rights and interests of workers.

2. How to confirm the labor relationship between employees and the company

1. If the employer recruits a worker without a written labor contract, but at the same time meets the following circumstances, the labor relationship shall be established.

1) The employer and the worker meet the qualifications of the entity as stipulated by the law and the law;

2) The labor rules and regulations formulated by the employer in accordance with the law shall apply to the workers, and the workers shall be subject to the labor management of the employer and engage in paid labor arranged by the employer;

3) The labor provided by the worker is an integral part of the employer's business.

2. If the employer has not signed a labor contract with the employee, the following documents may be referred to when determining the existence of an employment relationship between the two parties:

1) Records of wages or records (employee payroll roster) and payment of items;

2) "Work Permit", "Service Certificate" and other documents that can prove the identity of the worker issued by the employer;

3) Recruitment records such as the "registration form" and "registration form" filled in by the worker;

4) Attendance records;

5) Testimony of other workers, etc.

In fact, there are two different voices in practice as to whether there is an employment relationship between the two, but the mainstream view is that there is no employment relationship between the intern and the internship enterprise, and the intern interns only go to the unit for learning and practice, not to obtain labor remuneration, so the two parties cannot be deemed to have an employment relationship. Hope the above can be helpful to you.