Study On The Case Of Internship Students Hurt On Job

At present,with the increasing employment pressure of college graduates,practice has become the choice for many college students to improve their professional skills and practical ability.Internship students often hurt during the internship,but because of the lag of law and the limitations,there is no relevant laws and regulations on how to handle such cases in our country,the lack of laws and regulations directly led to the practice of college students are facing difficulties to seek reasonable legal remedies.There is a great deal of controversy between the theoretical and practical circles of how to remedy the personal injury.To effectively solve the problem of College Students' internship compensation because of work caused personal injury,the reasonable protection of students' rights,according to the labor dispute Zhang v.Xuzhou Machinery Co.Ltd.,Xuzhou occupation technical high school case analysis,put forward relevant ideas in such cases.This paper is divided into two parts:the first part of the case,the trial court verdict,and summarized the controversial results;the second part mainly analyzes three controversial points in the case.Focus on the analysis,the first analysis of the legal status of College students.Some people believe that the internship students doesn't qualified labor subject,the workers should not be restrictive interpretation,and that workers should be identified who possessed the ability to labor rights and labor capacity of citizens,thus finds Zhang for the workers;Secondly,the paper analyzes whether the students can work together with the internship compony.Some people advocate the files of college students in the school,is not affiliated with the compony of practice,and therefore can not form a labor relationship with the practice compony,and that the practice of college students and internship compony constitute labor service relations.In this paper,the author believes that Zhang belongs to mechanical company in Xuzhou and is subject to the company's management,and get remuneration from the compony because of the work,so it can be concluded that the labor relationship existence between the two.Again,analysis the college students injury whether belong to industrial injury compensation.Some people insist that students injury on job should be solved according to the general tort.This paper argues that Zhang as a suitable workers,and establish labor relations with practice compony,and the injury due to work,can be identified as work-related injuries,treating work-related injury insurance benefits.Through the analysis of this case,this paper holds that the interns of employment practice should be included in the scope of industrial injury compensation.