A Study On The Protection Of College Students' Internship Interests

At present, the relevant laws and regulations on practical training of graduates in universities had been deficient,which has made graduates confused about their legal identities during the practical period and unclear about the property of practical work. Due to the relationships between graduates and employers formed differently,some possesses the identity as laborers so that could be paid wage, “Five social insurance and one housing fund”(endowment insurance、medical insurance、unemployment insurance、employment injury insurance、maternity insurance;Housing Provident Fund)"and get a series of rights of laborers,while others have no identity of laborer and only paid a sort of remuneration as subsistence allowance during the period of substituted post exercitation. It would be hard to protect legitimate interest of graduates in practice once the assault and battery happens under the situation for less saving approach offered, complicated procedure of rights safeguard as well as high cost.In order to truly know about the legal risk graduates confronted with currently in practical training,I did the research about “The Legal Risk You’ve Met During Practical Training”and more than four hundred graduates who come from ten majors(Finance and Management 、 Accountancy 、 Marketing 、 Computer Science and Technology、Construction Management、Electronic Commerce、Exhibition Economy and Management and Tourism Management.) of Yunnan University of Finance and Economics in 2015 to learn about the type and amount of legal risk,and methods how they use to safeguard their rights.According to the research,the top three high risk issues interns meet are based on the following statements: employers do not buy the relevant insurance for inters,lacking of labor protection and tough to vindicate legal rights.And risk of the last one is their relevant certificates like ID card to be distrained to prevent they giving up working for employers.For the risk of insurances employers do not buy for interns,almost reach up to sixty-one percent informants expressed they’ve met such risk. It is shocked to see that graduates are confronted with such high risks during their practical training,and more clearly to reflect the serious shortage of interns’ legal protection in our country.Based on the research,analyzing the cause of such situation and relevant measure western countries made to protect graduates in practical training to use for reference.Western developed countries has a completed system of legislation on legal rights and interests protection of interns.They have categorical stipulation on practical organization,property,legal status of interns,responsibilities of the parties of employer and relevant department,payment,rest day schedule,tort compensation and the development of interns.The all-round procedure are based on definitely legislation.Otherwise,country carries more duty to invest enormous money for supporting,and to make definite help system and decrease the cost for legal rights maintain.According to the above on, I proposals some suggestions on legal rights and interests safeguarding of interns.In the first place,to definite the property,legal status and the application of law for graduates in practical training.More significantly,to complete the relevant legislation,establish the legal provisions for the whole country but set up regional legal rules for different area and complete the financial assistance aiding system which have two aspects:on the one hand, to make clearly the responsibilities of universities and employers in internship time;on the other hand,to definite the rules of acceptance arbitration when entanglement happens and offerjudicial remedy to interns. I do hope that I could make some help for graduating interns’ effective protection of legal rights and interests through the discuss in this thesis.