There Are Standards For Internship Pay.
Question 1: how should schools arrange students?
Practice work
?
A: in April 11, 2016, the five departments of the Ministry of Education issued the regulations on the management of student internships in Vocational Schools (hereinafter referred to as the "Regulations"): the seventh rule: "vocational schools should jointly organize and implement student internships with the practice units.
Before the start of the internship, vocational schools should work out the internship plan with the practice units according to the professional talent training plan, clarify the objectives of internship, internship tasks, the necessary preparation for practice and assessment standards, and carry out training so as to enable students to understand the learning objectives, tasks and assessment criteria of each internship stage.
Vocational schools and internship units should respectively appoint experienced instructors and specialized personnel with rich experience, good professional quality, strong sense of responsibility and high safety awareness to guide and co manage student internships.
Internship positions should meet the requirements of professional training objectives, and be similar or similar to those of students.
Therefore, the arrangement of students' internship still needs to meet the requirements of professional training objectives, and arrange internship with students' counterparts or similar positions.
Question two: what are the rights and interests of students who practice under the learning arrangement?
Answer: according to
Regulations
"The sixth article stipulates:" vocational schools should choose the internship units that are legally operated, standardized in management, complete in practice equipment, and meet the requirements of safety production laws and regulations to arrange student internships.
Before setting up an internship unit, vocational schools should conduct on-the-spot investigation and assessment and form written reports. The contents should include: unit qualification, integrity, management level, nature and content of internship job, working hours, working environment, living environment, health protection and safety protection.
At the same time, it also stipulates that "the three sides of vocational schools, internship units and students must sign an internship agreement. Students who fail to sign an agreement in accordance with the regulations shall not arrange student internships."
In the case, the courier company arranged for interns to work 10 hours a day, and the daily reward was only 10 yuan, which was obviously unreasonable and violated the "Regulations".
The sixteenth provision of the regulation stipulates: "apart from the special requirements for relevant majors and internships, and reporting to the higher authorities in charge of the internship arrangement, the internship units shall abide by the state regulations on working hours and rest and leave during the post and post internship period, and shall not have the following situations: (three) arrange the overtime work and night shift for students."
There are corresponding provisions for internship remuneration: "receiving internships from students in internships should refer to the same posts of their units.
Reward standard
In accordance with the workload, working intensity and working hours of the internship students, it is reasonable to determine the remuneration for post practice, which is not less than 80% of the probationary wage standard of the same job in the same unit. In accordance with the agreement of the internship agreement, it pays the students timely and in full in currency form.
Therefore, there are obvious problems in the time and work remuneration of the courier company to arrange interns in the case, and at the same time, the schools do not fulfill their due regulatory obligations.
Question three: what is the responsibility of the student and the internship unit when a student has an accident during the internship?
A: Interns will inevitably have accident injuries during their internship. How should they be allocated? There are two viewpoints in practice. One view is that there is no labor relationship between trainees and practice units, and injury accidents should be handled according to the personal injury of the civil servants and the fault liability should be followed.
The second point of view is that interns' general faults in their work can not be regarded as the rules for losing their own injuries.
During the internship, although the interns and the internship units did not establish formal labor relations, they were managed by the internship units and contributed to the profit of the internship units. Therefore, it is not easy to apply the fault principle to the injury accidents occurring in the internship.
We agree with the second point of view. At the same time, as a part of the three party relationship, the school should control and guard against the risk of internship.
If the school fails to fulfill the obligation of supervising and supervising the security work of the internship unit, it also needs to shoulder certain responsibilities.
In fact, there is a constructive way to deal with injury accidents occurring in the internship process, that is to say, establishing compulsory insurance system for student internships.
Regulations: "vocational schools and practice units should, in accordance with the relevant regulations of the state, insure practice liability insurance for interns.
The scope of liability insurance should cover the whole process of internship activities, including students' accidents during internship, personal injury caused by negligence or negligence of the insured, liability of the insured according to law, and related legal fees.
And stipulates: "during the internship period, the student is personally injured and belongs to the scope of the compensation insurance for practice liability insurance, which is covered by the underwriting insurance company according to the insurance contract compensation standard.
Those who do not fall within the scope of the insurance coverage or exceed the insurance compensation limit shall be held responsible by the internship units, vocational schools and students in accordance with the internship agreement.
Vocational schools and practice units should properly handle the rehabilitation and rehabilitation work.
Therefore, we suggest that the compulsory insurance system for student internships should be widely implemented.
This system is not only a guarantee for students' rights and interests, but also a decentralization of risks for internship units and schools.
Of course, the most important thing is the internship unit should provide a safe working environment, schools should also do a good job of supervision and management, try to avoid accidents caused by interns.
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