The Content Of Labor Contract Signed By Prospective Graduates Can Be Clearly Defined As Labor Relations.

Shaomou is a technical college student. He is 20 years old and will graduate in July this year.

In October last year, Shao took the recommendation form issued by the school to a mechanical company for employment, and was hired by the company. The two sides signed a labor contract, and made detailed stipulations on the duration of labor, the content of labor and the remuneration for labor.

After signing the contract, shaomou has been working on the company's rest and rest time.

A month ago, when Shaw was injured in the workshop, he applied to the company for work-related injuries, but was refused by the company.

The reason for the company is that shaomou has not graduated and is a student in the school, and does not have the main qualification to establish labor relations. Therefore, the labor contracts signed by both sides are invalid and there is no labor relationship between the two sides.

So, does shaomou's labor contract as a prospective graduate really work?

First,

The twelfth provision on the implementation of several issues concerning the labor law of the People's Republic of China stipulates that although students use their spare time to work and study, they do not regard employment as a job and do not establish labor relations. They can not sign labor contracts.

However, the application of this provision is precondition, that is, work study program is the purpose.

There

It means that school students do not take employment as the purpose, and make use of their spare time to subsidize tuition and living expenses.

In this case, Shao MOU signed with a machinery company.

When the rights and obligations of the two sides have been agreed in detail, and after signing the contract, they have been working according to the company's work and rest hours. The purpose is obviously not to use part-time time to study work and study.

Secondly, according to the current law of our country, the person who has reached the age of 16 has the qualification of establishing the main body of labor relations, and the law does not exclude the students from school.

Obtaining a diploma and having a corresponding educational background is not a necessary condition for the establishment of a labor relationship.

In addition, the contract of labor between Shao and a mechanical company is signed on the basis of the two sides' consensus. It is a representation of the true meaning of both parties. There is no fraud, concealing facts or coercion, nor does it violate the relevant laws and administrative regulations, so there is no invalid problem.

Finally, according to the fourteenth provision of the State Council's "industrial injury insurance Ordinance", workers should be identified as work-related injuries in their working hours and workplace due to work accidents.

Obviously, when Shaw was injured in the workshop, he was injured in work hours and workplaces due to work reasons. He should be identified as a work-related injury.

To sum up, the labor relations between Shao and the company are lawful and effective and should be protected by law.

When Shaw was injured in workshops, he was injured by industrial injury. If the company refused to apply for a work injury identification for Shao, he could directly apply to the labor and Social Security Department of the company where he applied for a work-related injury.