If an intern student is injured at work, what is the responsibility of the factory? Is there an empl

1. It is not an employment relationship. The so-called labor relationship refers to the social and economic relationship established between the worker and the employer (including various enterprises, individual industrial and commercial households, public institutions, etc.) in the process of realizing labor. Broadly speaking, the social relations formed between any worker living in urban and rural areas and an employer of any nature as a result of engaging in labor belong to the category of labor relations.

In a narrow sense, the labor relationship in real economic life refers to the labor law relationship regulated by the national labor laws and regulations, that is, the two parties are linked by the rights and obligations stipulated and confirmed by certain labor laws and regulations, and the realization of their rights and obligations is guaranteed by the coercive power of the state. One of the parties to the labor law relationship (the employee) must join an employer, become a member of the employer, participate in the production and labor of the unit, and abide by the internal labor rules of the employer; On the other hand, the employer must pay the workers according to the quantity or quality of their work, provide working conditions, and continuously improve the material and cultural life of the workers. Therefore, it is not an employment relationship.

Professional internship only refers to a unit entrusted by the school to guide and manage the internship students, and the relationship between the internship students and the internship unit is equivalent to the relationship between the school and the students. Although the student and the employer have a ginseng affiliation, it is not a subordinate relationship under the labor law.

2. If there is gross negligence on the part of the person, the unit can reduce the responsibility.

3. The school and the unit shall be jointly and severally liable. The internship agreement is only used to prove the relationship between the three parties. What is paid by the factory cannot be counted as wages, but only as compensation.

4. For personal injury, the intern is not a regular employee, and the unit and the school should bear the responsibility of the manager, joint and several liability.

The internship of students is equivalent to a training course, and the contractual relationship between the student and the internship unit is a kind of skill training, rather than a labor relationship. Therefore, the issue between the two is not governed by the Labor Law, but should be dealt with with with reference to the relevant provisions of the Contract Law. Does it mean that the intern and the enterprise are not in an employment relationship, and how to deal with work-related injuries?

Whether the intern has a labor contract relationship or an education and training relationship with the internship unit during the internship process, the different internship process and internship content determine the relationship between the intern and the unit.

Due to the broad definition of internship, the relationship between the intern and the unit is the education and training relationship in the training-based internship process, and this kind of internship is usually reflected in the intern paying a certain internship fee. Internships embodied in labor contract relationships usually pay no or very little fees to engage in labor and compensate for the cost of acquiring labor experience with the value of the results of labor.

In addition, the relationship between the intern and the unit can be different from the above two relationships, and can be a free public welfare internship.

An intern injured on the job during his internship at the factory should be deemed to be a work-related injury, because the two parties have formed a de facto employment relationship. If the employer has applied for work-related injury insurance for the employee, the loss shall be paid by the social security institution, and if not, the employer shall pay.

By participating in internships, students can integrate the knowledge they have learned, further strengthen their hands-on ability, and also lay a good foundation for their future job search. As the organizer of this event, the school must also be responsible for the students and find a good factory with a high safety factor and a suitable professional counterpart for them to go to the internship.

It is certainly incorrect and irresponsible for a student to be disabled by a student who is forced by the school to go to the factory for internship and the school does not ask the student to negotiate with the factory on his own. On the one hand, students are forced by the school to go to the factory for internship, which is against the student's personal will; On the other hand, as the organizer of the event, the school should take the initiative to stand up and help the students negotiate and deal with this matter, and should not feel that this matter has nothing to do with the school and not ask about it.

The division of responsibility in this case needs to be determined according to the actual situation, so as to determine the responsible subject. First of all, interns do not meet the qualifications of a worker under the Labor Law. Article 2 of the Labour Law stipulates that:

This Law shall apply to enterprises and individual economic organizations (hereinafter collectively referred to as employers) within the territory of the People's Republic of China and workers who have formed labor relations with them. ”

Although the student has entered the factory for internship, his status has not changed, and he is still a student and cannot become a worker in the legal sense. Since he cannot be recognized as a worker, this means that the labor and social security administrative department will not accept the work-related injury determination submitted by him, and he cannot be recognized as a work-related injury.

Therefore, the student needs to deal with it in accordance with the internship agreement signed between the intern and the factory, and claim compensation from the other party according to the content provisions therein. If there is no agreement between the two, then there is no need to be afraid, and you can refer to the technical training clause in the Contract Law. If it cannot be dealt with according to the technical training provisions of the Contract Law, then the matter should be handled in accordance with the division of fault liability in the General Principles of the Civil Law.

At the same time, for this matter, if the student can have evidence to prove that he was forced by the school to go to the factory for internship, then the school also needs to bear some responsibility. In addition, if the school is negligent in the designation and management of the internship, and there is a problem that the safety education is not in place, then the school should also bear the corresponding compensation.

In general, this is something that no one wants to see. However, when something really happens, the relevant responsible parties should not shirk their responsibilities and should bravely assume the obligation of compensation. At the same time, as an intern, we also need to enhance our safety awareness, operate in strict accordance with the regulations in the process of work, and do not cause some bad consequences due to our own negligence.

What to do if a student is injured in an accident during the internship.

Students will inevitably encounter physical health rights and interests in the process of internship and actual participation in labor and work.

Specifically, the attribution of responsibility for injuries sustained by interns during internships should be divided into three types of circumstances:

1. The internship of current students is arranged and recommended by the school.

In this case, on the one hand, the employer, as the provider of the working conditions for the interns to work, the commander of the labor work and the recipient of a certain degree of labor results, shall provide the interns with safe and healthy working conditions that comply with the provisions of the state, and bear the corresponding legal responsibilities when the interns are injured in the course of work. On the other hand, the school, as the student's teacher, guardian and recommender of internship activities, should foresee the inevitable and possible risks of interns in the internship and bear the corresponding legal risks. Therefore, the university and the employer shall be jointly and severally liable for compensation to the intern, and the intern may choose to require one or both parties to bear the liability for compensation.

2. The internship process of current students has not been arranged or recommended by the school.

In practice, interns can do internships according to their own schedules due to their flexible study schedules. The internship unit does not need the relevant recommendation or certification materials of the school to accept the intern, and the internship activities are contacted by the students themselves, and the internship process is not reported to the school teachers or relevant departments. In this case, as long as the school fulfills its supervisory responsibilities in the usual supervision activities and appropriately informs or publicizes the problems that may arise when the students contact the internship on their own, the internship unit shall bear the main responsibility for the intern's injury.

This is because the internship unit, as the provider of the intern's working conditions, the commander of the labor work and the winner of a certain degree of labor results, has the responsibility to provide the interns with safe and healthy working conditions that meet the requirements of the state at all times. At the same time, after all, the school has the obligation to supervise the students, and should ensure the personal safety of the students as much as possible. That is, when the employer is unable to pay all the compensation expenses and endangers the injured student, the school will pay the relevant expenses in advance.

3. The students participating in the internship are minors.

It depends. If you are injured during an internship, it is definitely a work-related injury. But if it's in your spare time or if you're not working. Of course, it doesn't belong to it, it depends on the actual situation.

It is unreasonable, the school forces students to go to internships, and it is obviously unforgivable to shirk responsibility and push students out in an accident, and students should go to the court to sue the school, and this kind of campus corruption problem should have been dealt with a long time ago. If it doesn't work, report it to the Commission for Discipline Inspection, and you must not let go of the state moths.

If you are injured during the internship, of course, it is the work-related injury, and then the factory must be responsible.

Both the school and the factory are responsible, and he must be a student first, and secondly, if the student has violated the rules, then he himself will also bear part of the responsibility.

Students are liable for injuries sustained during the internship, and the internship party determines your injury, and the school also has a part.

In the event of a work-related injury during the internship period, the unit is more or less responsible, and the main responsibility is still in the factory.

You can apply for an occupational disability appraisal, and if it is confirmed that it is a work-related disability, the employer needs to be responsible.

During your internship, you'll need to see what causes your vulnerability.

The intern was injured during the internship and was unable to identify the work-related injury, which was then used to resolve the dispute.

From a legal point of view, there is no employment relationship between the college student and the employer during the internship period. The employer has no labor relationship with the intern, is not subject to the adjustment and protection of the Labor Contract Law, and is not entitled to work-related injury insurance benefits. However, the fact that the intern is not suitable for work-related injuries does not mean that the injury is "white-wounded", and the victim can still file a personal injury compensation lawsuit.

Internship is an extension of the school's classroom teaching content, because the intern student is not a worker in the sense of the Labor Law, the intern is injured by an accident, and the rights and obligations of both parties are not adjusted by the Labor Law, but are handled as a general personal tort in accordance with the provisions of the General Principles of the Civil Law and relevant judicial interpretations.

During the internship period, the company conducts on-site supervision and management of students. The company is the beneficiary. The relationship between the two actually forms an employment relationship. Therefore, the injured student should claim compensation from the company, and the company should bear the corresponding responsibility.

If you want to resolve the dispute, in addition to negotiating with the unit, you can only do a judicial appraisal first, and then settle the personal injury compensation procedure through the court.

The injury of a student during the internship period is not a work-related injury, and the student during the internship period is generally not a worker and cannot be determined to constitute a work-related injury.

1. New rules for deducting points during the probationary period of driver's license.

New regulations on deducting points for driver's license during the probationary period: If a motor vehicle driver has a record of 12 points during the probationary period, his probationary driving qualification will be cancelled. If the cancelled driver's license does not belong to the highest permitted driving type, its driving qualification for the highest permitted driving type shall also be revoked.

If it is a B photo or above, if there are less than 12 points out of 6 points, the internship period needs to be extended.

2. Whether to sign a labor contract during the internship period.

Do not sign an employment contract during the internship period. The internship period is not an employment contract relationship with the employer, and as an employer, it should sign an internship agreement with the intern, or a tripartite agreement with the intern and the intern's school. Apprenticeships and internships are not considered laborers and are not subject to the Labor Contract Law.

During the internship period, there is no employment contract relationship with the employer, and the intern who is still a student can not conclude a formal employment contract relationship with the employer until graduation.

Students who use their spare time to work and study are not regarded as employment, and they may not sign labor contracts without establishing labor relations.

3. What are the latest regulations on deducting points during the probationary period of driver's license?

Points can be deducted from the driver's license during the probationary period, and there is no latest regulation, because the "Regulations on the Application and Use of Motor Vehicle Driver's License" has not been revised after 2016. If a motor vehicle driver commits a road traffic safety violation during the probationary period and receives 12 points, his probationary driving qualification shall be cancelled. If the cancelled driving qualification does not belong to the highest permitted driving type, it shall also be revoked in accordance with the provisions of the highest permitted driving type.

Article 497 of the Civil Code of the People's Republic of China In any of the following circumstances, the standard clause shall be invalid:

1) It has the invalid circumstances provided for in Section 3 of Chapter 6 of Part 1 of this Law and Article 506 of this Law;

2) The party providing the standard clauses unreasonably exempts or reduces its liability, increases the liability of the other party, or restricts the main rights of the other party;

3) The party providing the standard clauses excludes the main rights of the other party.

Article 10 of the Labor Contract Law of the People's Republic of China 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.