Can Full-Time Students Establish Labor Relations With Employment Units?

Xiao Li is a full-time graduate student.

During his study, Xiao Li has been a part-time Chinese teacher in an educational training institution.

After the dispute between the two sides, Xiao Li initiated labor arbitration and litigation on the basis of education and training institutions and did not sign a written labor contract with him. He asked the education and training institutions to pay two times the salary compensation for the labor contracts that had not been signed.

But the "labor relations" advocated by Xiao Li have not been accepted by labor arbitration institutions and courts, and two times the wages of labor contracts have not been supported.

Comment on:

It refers to the natural person who has the right to work and the capacity for labor in the range of statutory employment age, can independently enjoy the labor rights, fulfil his labor obligations, accept the management of the employing units, provide labor for the employing units, and obtain remuneration from the employing units.

In this case, although Xiao Li is in line with the conditions for establishing labor relations, he has the identity of student at the same time as a Chinese teacher in the education and training institution.

Out of school.

。

In general, students can not be identified as labor relations by taking part time jobs outside the country, arranging social practice for the completion of the school, and engaging in social activities on their own.

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Sun Mou is a family member who has difficulty in obtaining employment. He is 56 years old and is not in good health. In April 1, 2011, he was arranged by a District Management Bureau to work in public welfare position (Assistant Manager), and signed a labor contract with a term of 3 years, with a salary of 1250 yuan per month.

After the expiration of the labor contract in March 31, 2014, the City Management Bureau will notify the labor contract in writing not to renew the contract after it expires.

He has no objection to this, but believes that according to the provisions of the labor contract law, the Urban Management Bureau should pay financial compensation according to his working life.

The City Management Bureau rejected his request on the grounds that his post was a public welfare post.

Sun can not understand this. In May 2014, the City Management Bureau reported to the local labor and personnel dispute arbitration committee, and asked the City Management Bureau to pay an economic compensation of 3750 yuan.

After receiving the arbitration application of Sun Mou, the Arbitration Commission preached and explained the labor security policy laws and regulations before filing the case, and finally led Sun Mou to withdraw the application for arbitration.

Commonweal jobs are short-term public employment positions provided by the local people's government to provide financial assistance. The purpose is to help those who are difficult to obtain employment through market competition.

In view of the fact that there are some special features in the employment of public welfare posts, the twelfth provision of the regulations on the implementation of the labor contract law stipulates: "the public welfare posts offered by local people's governments at various levels to provide jobs and social insurance allowances for the placement of employment difficulties are not applicable to the provisions of the labor contract law relating to the no fixed term labor contracts and the payment of economic compensation."

Where public welfare posts are invested by the government, priority should be given to the placement of older persons with difficulty in employment. The streets and communities should give priority to those who have difficulty in obtaining employment.

The object of this employment assistance system refers to those who are laid off and unemployed, especially those who are over 50 years of age, who are over 40 years of age, have the ability to work and wish for employment. Those who are laid off from state-owned or above collective enterprises, who need to be resettled, and those who enjoy the lowest living security and have been unemployed for more than 1 years should be examined and identified by the labor security department at or above the county level, and should be noted on the re employment permit.

At present, governments at all levels have issued relevant policies, calling for the elderly laid-off workers as the main object of employment assistance and providing timely assistance.