Clarify the intern "worker identity" to protect students' internship rights
March 17, 2023 09:17 Source: "China Social Sciences" March 17, 2023 Issue 2612 Author: Jin Jinbiao Liu Bin

April 2021,The Standing Committee of the National People's Congress explicitly expressed its annual legislative plan,Start the Environment Code、Education Code and other conditions in the category compilation and research work,The compilation of the Education Code is put on the agenda。The 20th National Congress of the Communist Party of China proposes "Promoting Scientific Legislation、Democratic legislation、Legislation according to law,Coordinated planning to change waste compilation,Enhanced legislative systemic、Coordination、Coordination、timeliness ",This pointed out the direction for the compilation of the educational code。Like the Civil Code,Education Code is also the legislative spirit of "people first",The legislative principle that embodies the "people -centered",Further guarantee the major legislative practice of citizen education rights。Expand the protection of students' education rights,Especially to protect students' internship rights, it should have the meaning of the question。

In the education method system, it is urgent to clarify the content of students' internship rights。This is an important part of education in education development in the new era。With the changes in the times and the rapid development of my country's economy and society,Higher education has quickly entered the popularization and even popularization phase,Fusion of production bet365 live casino games and education、School -enterprise cooperation is constantly advancing,Applied talent training model Reform is increasingly deepened,More and more important value of the independent setting of the internship right。In recent years,Employers pay more and more attention to students' internship experience; to meet social needs,Each year colleges and universities will arrange millions of college students to take the internship position,Practice learning。Such a massive student internship practice,Especially off -campus internships and theoretical learning in the school have learning forms、Labor remuneration、Security protection、Multiple differences in unexpected risks,Students' proper legitimate rights and interest protection issues are increasingly prominent。

For this,I suggest,The future education code should be included in the relevant content of the Vocational Education Law,But compared to the Vocational Education Law,Education Code compilation should have a more grand visual field,Have connection、​​Flexible design incorporated into the entire education department law system。

The first is to clarify the intern "worker identity" in the legislation。The legislative purpose and fundamental purpose of the Education Code is to fully reflect the wishes of the people,"Education with satisfaction of the people",Guarantee the right to educate,While building the order of socialist education with Chinese characteristics,Maintain the legitimate rights of the majority of teachers and students。In the future education code,Repeatable content bet365 live casino games deletes the complexity and simplified,Avoid competition; blank or lack of legislation,It should be courageous to innovate,Filled and enrich。If the right of internships of the aforementioned student,Due to the lack of corresponding specifications in related laws such as the Education Law, "Higher Education Law", "Labor Law", and "Protection Law of the Minor",The relevant blank should be decisively in the educational code、Vulnerability supplement,It clearly stipulates students' internship rights and their protection,For interns who are in line with the situation of "workers",It should be given the identity of their workers。Legislation should also strive to refine,Clarify the content of the right of the trainee workers、The main terms of the internship agreement、Work Injury Insurance、Relief path, etc.。Code compilation must focus on the assembly of the original law,It should also pay attention to the innovation of legislation,Especially on the issue of institutional innovation involving cross -legal departments,Should seize the opportunity of revision,Bold creation system。

Second is to further clarify the core terms of the "Internship Agreement"。The internship protocol is set up between the fittest、Change、Contract text that terminates each other's legal relationship。The internship agreement established in accordance with the law is protected by law,Have legal binding for the parties。A clear、Clear written "Internship Agreement" can be school、Enterprise、Students' three parties clarify each other's rights and obligations,Therefore, it is necessary to make it clear about Bet365 lotto review its main terms in the legislation。It is recommended to learn from the content of the German Vocational Education Law (2019),It is clearly stipulated that the internship agreement should be included at least: the form of internship、Content and time arrangement and vocational education goals; the start time and educational process duration of the internship; education measures outside the practice education institution; regular education time; trial period limit; reward payment and amount; vacation time; relieving vocational education; relieving vocational education; relieving vocational education Conditions for contract; damage compensation and dispute treatment measures, etc.。

Third is to clarify personal accidents、Compensation measures for occupational diseases。According to the survey,Some colleges and universities are organizing student internships,It will be required to purchase personal accident insurance insurance。But from practice,Personal accident insurance insurance is not enough to compensate the interns' personal injury and professional disease loss。Labor risks such as occupational damage and disease risks are social risks that are engaged in labor,Resolving the intern's labor risk by work injury insurance is the United States、Germany、French practices such as France and other countries。In view of the characteristics of the internship of vocational education students,On the one hand,We must actively promote the further improvement of the Labor Law, "Social Insurance Law" and "Regulations on Work Injury Insurance",Interent intern into work injury insurance Bet365 lotto review system,Through a special internship liability insurance system,Provide legal basis for the guarantee of graduation internship risk protection。On the other hand,You can add to the Education Code.、Technical School、Vocational high school students suffer from casualties,You can refer to the relevant treatment criteria of work injury insurance,A one -time compensation sent by the local work injury insurance agency。Economic Injury Insurance Insurance Agency does not charge insurance costs to relevant schools and enterprises,To improve the current personal accidental damage and disease compensation system。So,It is recommended to clarify the relevant content of the work injury insurance。

Fourth is to further improve the internship infringement relief system。"No relief is no right" is the basic concept of generally recognized in modern rule of law society。We should admit that the intern’s internship is also a labor。For this,When the Education Code was included in the new "Vocational Education Law",​​Both the internship agreement can be required to clearly specify the internship content and time、The rights and obligations of the interested parties、Labor conditions and remuneration,It should also be further clarified for labor supervision、Labor arbitration and other relief systems。At the same time, further improve the administrative litigation system,The specific behavior of infringing the basic rights of intern infringing intern is included in it,Increase law enforcement intensity。other,It should also further improve the civil litigation system,bet365 live casino games Allow students to maintain their legal labor rights through judicial channels。

Five is to appropriately increase the punishment of the behavior of harmful students' internship rights。According to the basic principles of modern criminal law,Sentences should be compatible,Senior Senior,Sin Balance。The punishment of the social harm of illegal behavior is also heavy,The punishment of the social harm of violations of the law is also light,This is also the basic requirement of fairness and justice。Obviously,illegal behavior of internship students in a weak position,It is necessary to give corresponding punishment according to the weight of the plot。So,The punishment of illegal responsibility in the "Vocational Education Law" should be appropriately strengthened in the future education code,Expand the nature of responsibility。A serious plot of infringing students' rights,Except for civil liability,It should also bear administrative responsibility or criminal responsibility。For infringement such as labor dispatch and other infringements in violation of regulations,It can be stipulated that "there is no illegal income,According to its illegal circumstances, the influence,Corresponding fines ",Give the free discretion of the amount of fine to the judge,It is enough to punish it in accordance with the degree of bad behavior of its illegal acts。

(This article is the special research project of philosophy and social sciences in the Ministry of Education in 2023 (the 20th psychological research of the party)、National Education Science "Fourteenth Five -Year Plan" Ministry of Education's key topic "Research bet365 best casino games on the Legal Protection of Unexpicious injury of college student graduation internship" (DIA210358) phased results)

(Author: Scientific Research and Social Cooperation Office of Zhejiang Tree Human Academy; School of Economics and Minsheng, Welfare of Zhejiang Tree People)

Editor in charge: Changchang
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