No Injuries To Employees Before Graduation, It Is Hard To Identify Work-Related Injuries.

With the coming of the graduation season, many graduates are leaving the campus to enter the workplace.

As a newcomer in the workplace, how should graduates protect their labor rights and interests? In this case, I would like to wake up the college students who are going to graduate, and hope that you can conscientiously study the relevant contents of the labor law and the labor contract law. At the same time, we hope you will firmly establish the sense of integrity, and we should pay attention to honesty in job search, employment and even work.

Xiao Li is a registered student in a senior technical school. He was arranged for a hotel internship through the consultation between the school and the practice unit, and the internship period is six months.

One day during the internship, Xiao Li worked alone in the hotel dessert room. In the process of processing flour, the right forearm was twisted by the machine and diagnosed as "right forearm rotation and avulsion injury", which constituted five grade disability.

After the accident, the hotel thought he was a student in the school and was in the internship period, so he refused to pay.

The school thought he was injured at work and did not agree to compensate.

Article twenty-ninth of the regulations on industrial injury insurance stipulates: "workers are treated for injuries caused by accidents or occupational diseases, and enjoy medical treatment for work-related injuries."

According to the law, only workers who belong to the scope of industrial accidents can be dealt with according to the industrial injury insurance Ordinance.

While the students did not sign labor contracts with the internship units, they did not have the conditions of the laborers. They were still in school during the internship period. They did not become workers in the legal sense because of the change of learning places. The main body that could obtain the compensation for work-related injury insurance was only to establish labor relations or factual labor relations with the employing units.

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So,

It does not have the qualification of work-related injury insurance compensation, and does not enjoy the treatment of work-related injury insurance.

However, although Xiao Li can not enjoy industrial injury treatment, he can handle the accident according to the civil tort dispute and protect his rights and interests.

Nowadays, colleges and universities generally require graduates to have internship process before graduation. During this period, graduates do not have the status of laborers, so their injuries can not be dealt with according to work-related injuries.

Here, I also want to remind graduates that when entering a formal job, they must sign formal labor contracts with the unit, and the labor contract is established by the laborers and employers.

The agreement to clarify the rights and obligations of both parties is the most important evidence for protecting workers' rights and interests in the event of disputes.

In the process of signing a labor contract, the two parties shall make clear stipulations on the important contents of the term of labor, labor remuneration, work content, working place, working time, rest and vacation, social insurance, labor protection, labor conditions and occupational hazards protection.

Generally, the labor contract adopts the format text provided by the unit. When signing the labor contract, the graduates must read the articles carefully, and fully negotiate with the units to determine the rights and obligations.