Can Internship With Employment Form Labor Relations With Units?

Wang Mou, a university student, obtained the recommendation form of a 2015 college graduate in May 2014. He entered a decoration company in Hefei in June of the same year, and was engaged in the sales work. He has been rated as an excellent employee many times. The company pays different amount of remuneration every month on the basis of its performance. However, he did not sign a contract for labor contract with Wang, nor did he handle social insurance for him.

In April 2015, due to social security and economic compensation, Wang applied for labor arbitration, and then appealed to the court.

Decoration company argues that Wang Mou is a college student who has not yet graduated. He has paid internship to the unit and paid the remuneration for labor. There is no labor relationship between the two sides.

The court held that Wang and a decoration company established a factual labor relationship. According to the law, the decoration company made a total of 13390 yuan for Wang Mou to make social insurance, pay economic compensation, and sign second times the wage of the labor contract.

After the first trial, both sides took suit.

Analysis of the fact that there exist a large number of students in employing units in reality.

The phenomenon.

In the absence of a diploma, all the students completed their studies, reached the statutory age of employment, took the job as the objective, accepted the unit management, and the unit paid labor remuneration, which was in line with the essential characteristics of the labor relations, and could also form labor relations with the units.

First, Wang has reached the statutory employment age and has the main qualification for labor relations.

During his internship, Wang did not get a university diploma, but he was over 16 years old and was in line with People's Republic of China.

The age of employment stipulated by the government has the ability to act and responsibility in establishing labor relations with the employing units.

The fourth article of the former Ministry of labour on the implementation of several issues concerning the labor law of the People's Republic of China (hereinafter referred to as the "opinions") only stipulates that civil servants and staff members of institutions and social organizations that follow the civil service system, as well as rural labourers, servicemen and family nannies, do not apply the labor law, and do not exclude school students. The law does not restrict students to join the labor force as ordinary laborers.

Second, Wang Moumou for employment purposes, do not belong to

Act.

The twelfth article of the opinions stipulates: "when students use their spare time to work and study, they do not regard employment as a job. They do not establish labor relations and can not sign labor contracts".

But in this case, Wang has completed all his studies, and he has the recommended form of school graduates, and the school agrees to recommend employment, which obviously does not belong to the work study program.

Third, Wang's acceptance of company management is in line with the essential characteristics of labor relations.

When Wang entered the office, he clearly expressed his desire to apply for a job. He paid for the decoration company, and was rated as an excellent employee many times. He accepted the company management, and the decoration company paid labor remuneration according to his performance. All of these were in line with the essential characteristics of the labor relations.

To sum up, Wang Mou and the employer have already formed a factual labor relationship. The judgment of this case has certain guiding opinions, so it was selected for the ten classic cases of Hefei in 2015.

Employers should take the responsibility of employing units when they are keen on using internship students, otherwise they can only bear consequences.