Industrial injury insurance new regulations cause concern, internship accident is not industrial injury
the Ji'nan Daily reporter reporter Han Lei
recently released "on the implementation of the occupational injury insurance regulations" The opinion of several questions (solicitation draft) stipulates that the accident injury encountered during the internship of the secondary school students does not belong to the industrial injury, the reason is that the intern student and the practice unit have not established the labor relations, not the labor law. This view once again aroused the concern of the society on the living conditions of the interns, and many students could not afford to hurt themselves.
students claim that
free labor safety is difficult to guarantee
it is understood that it is clearly stated in the solicitation draft that the full-time college and secondary vocational school students do practice in the enterprise and other units, and the relationship between the students and the practice unit is not related to the working relationship, and during the student internship. Accident injury is not a work-related injury, and it is said that it will be protected through commercial insurance.
reporter learned that our city stipulates that graduates of employment probation enjoy life subsidies every month during probation, probation units deal with personal accident injury insurance and inpatient medical insurance for probation graduates, and the required funds are shared by the city finance and probationary units according to the proportion of 5:5. There are also some colleges and universities to pay personal accident insurance to students, and with the unit agreed, students during the internship accidents, the employers have the main responsibility.
however, not every intern can have a commercial insurance as a guarantee. Yang Yu, a senior student, said that we have many students in the practice, few people have commercial insurance, when the free labor force is even, if even the most basic personal safety can not be guaranteed, it is too unfair to us.
the employer
some students practice only to prove
for enterprises, the management of interns has always been an old and difficult problem. A company is responsible for the management of interns, the manager told reporters that most of the students who are practicing, most of them choose internship units through private or personal intentions, and only a few are arranged by the school, so there are fewer internship agreements. Moreover, a lot of college students take internship as a kind of experience, even some go straight to the theme, as long as it can be mixed out an enterprise internship proof can, the lack of responsibility for the work itself. What's more, it is difficult to guarantee the continuity and stability of interns' work if they do not greet them.
Liu Ye, a graduate student in the three grade graduate student of a software company in a high tech Zone, provides an internship salary for interns, including 800 yuan per month for undergraduates and 1000 yuan per month for graduate students, and enjoy overtime and lunch subsidies as well as the official employees. Liu Ye said that this is a good internship in Ji'nan, but even so, the company did not enter into an internship agreement with interns. If the intern asks for it, the company's personnel office can provide an internship certificate for the interns.
a reporter calls 3 enterprises as a graduate, asking whether the employment agreement can be signed during the internship period, and the answers are all agreements with the official employees, and the interns do not belong to the formal employee category.
compulsory purchase of commercial risks in accordance with actual
Li Lei lawyer, Shandong Ding Jie law firm, according to the current law, industrial injury insurance is only for employees to establish labor relations with the enterprise, for enterprises, a number of interns are only practiced for two or three months in the enterprise, such as It requires enterprises to buy work-related injury insurance for interns, which increases the risk responsibility that enterprises need to bear, and may lead to the reduction of internship positions.
Li Lei said that the rights protection mechanism of interns was already very weak, and the gap and lack of law gave some enterprises the opportunity to seek the draft, which was of certain significance to ensure the safety of the interns. However, if the commercial insurance system is not fully promoted and the injury is excluded from the scope of the industrial injury insurance during the practice period, the work injury guarantee of most interns will be in a blank state. It is also a disadvantaged group of interns. Therefore, compulsion to purchase commercial insurance is the current practice. Li Lei believes that for those who do not buy commercial insurance for interns, we should introduce effective punishment regulations and supervise them in place.