Research On The Protection Of Personal Rights And Interests Of Intern

With the rapid development of China’s economy,China’s education is also developing rapidly.Under the enrollment expansion policy,colleges and universities continue to expand the scale of education,and the number of college graduates rises year by year.In addition to the vocational education schools,which need to enter the enterprise in accordance with the policies to conduct a multi-type internship.More and more common colleges and universities also ask students to conduct graduate internships.In addition,in the face of employment pressure,for various purposes such as improving practice skills and increasing their own competitiveness,a large number of students have entered the enterprise internship by autonomous,and the scale of interns has also continued to expand from vocational education.It is true that internship is a bridge leading to the transition of college students,which helps to adapt to work in advance,strengthen understanding of professional knowledge,improve skills.And national policies have also actively encourage students to internship,and encourage enterprises to receive interns.However,the problem of personal rights and interests during the internship has never been disconnected,mainly for the internship legal identity vague,suffer from the lack of injury accident protection,the main parties rights and responsibilities unclear and so on.In the process of promoting the development of vocational education,china has introduced many vocational education laws and regulations,but there are still problems such as low level of effectiveness,narrow objects,and weak guarantee.The laws have not clearly stipulated in the legal identity of the internship and whether they have labor relationship with the company,but the clause 12 of the "Opinions on the Implementation of the Labor Law of the People’s Republic of China" stipulates relevant provisions on the specific circumstances of "work-study program," it is deemed that no employment relationship has been established.In judicial practice,due to this,the confirmation as well as denial of the employment relationship between the interns and the company.There exist the phenomenon of different judgment standards and different results as well as the confirmation and denial of the employment relationship,presenting a self-contradiction in the judicial practice.During the intern internship,the intern is in the same workplace as the formal employee.It also has to face labor risks,but lacks corresponding protection for the interns’ personal injury accident.Interns are excluded from the system of industrial injury insurance.Due to the limitation of the characteristics of civil law,it can not provide sufficient protection for interns.Correctly understanding the legal identity of intern is the key to solving the problem of personal rights protection of the intern.From the legal theories and law,college students are of course qualified to be worked.However,the labor relationship with the enterprise should be determined depending on the specific circumstances.For the essence of labor relations,the maintenance of the interests of the enterprise,and the establishment of a harmonious labor relationship,we should not blindly identify the labor relationship.At the same time as factor characteristics are faced,the internship category and confirmation elements that do not belong to the labor relationship should be determined.By analyzing the characteristics of labor characteristics,the current complex and diverse internship types are restructured,and teaching internship and production-oriented internship is divided.As a part of education,teaching internships are essentially learning behaviors,and in the production internship,it is necessary to affirm its labor relationship that meets the characteristics of the elements of labor relationships.Behind the labor relationship,the responsibility of the intern encountering an internship injury accident should be dependent on the specific legal relationship between the three parties.Clarifying the legal relationship between the school,the enterprise,and the students is the basis.Insurance benefits,in this case,only need to solve the problem of responsibility competition.When there is no labor relationship,the supervision and management responsibilities of the enterprise,the school’s election,management responsibilities,and the personal attention obligations of the intern can be used as the basis for responsibility.Obviously,the protection of the rights and interests of intern is not relying on individual individuals,and the government,universities,enterprises and other subjects are required to participate.The higher-level interns special law is conducive to providing systematic protection for intern,using the flexible employment insurance system as the current convenience way,drawing on excellent foreign experience and domestic Zhejiang,Jiangsu,and Guangdong incorporate intern into the useful practice of work injury insurance,exploring the feasible way to bring the interns into the Industrial Injury Insurance System is possible.Universities reform their own internship management methods,and enterprises to establish a correct understanding and strengthen internship guarantee will help to jointly solve the problem of the personal rights protection of the intern,effectively protect the interests of the intern,and give full play to the long-term benefits of the internship system.