Provision on the Administration of Internships for Vocational School Students : Article 17

LAW DETAILS

LINK TO FULL TEXT OF LAW:

http://www.moe.gov.cn/jyb_xwfb/s271/201801/t20180112_324419.html

SUMMARY OR KEY PROVISION OF THE LAW

The employer accepting students to work shall appropriately set student remuneration by referring to various criteria including its remuneration rules on the same position, as well as the workload, work intensity and work time of the students. Student remuneration shall not be less than 80% of the remuneration a full-time worker working on the same position during probation and it shall be fully paid in monetary form to the students in compliance with the internship agreement.

SUMMARY OF INTERPRETATIONS VARIANCE

N/A

LEGAL CONSEQUENCES FOR NON-COMPLIANCE

Article 26. Vocational schools that, in violation of these provisions, organize students to practice shall be ordered by the competent Department of Vocational Schools to make corrections. In the case of refusal to make corrections, the person in charge directly responsible and other persons directly responsible shall be given sanctions in accordance with relevant provisions. If a major accident is caused by a fault in work, the person responsible shall be investigated for responsibility according to law and regulations. The vocational school may adjust the internship arrangement according to the situation and require the internship unit to assume relevant responsibilities in accordance with the internship agreement for the internship unit that violates the relevant provisions of these regulations and the internship agreement.

IMPLEMENTATION AND IMPROVEMENT GUIDANCE

COMPLIANCE IMPLEMENTATION AND IMPROVEMENT STEPS

Evaluate The Condition:

1. A job description along with all tasks for each job should be written and documented by the factory. This is also required for the contracting process.

2. Review full list of student workers in the factory and their current wage levels compared with other workers that have the same job assignments.

Take Action:

1. If there are any instances of workers being paid less than 80% of the wages of normal workers their payment terms/contracts need to be update to meet the requirement of the law.

2. Direct communication and coordination will be required with the applicable school and applicable contracts need to be updated.

3. Wages owed to each underpaid worker should be arranged as soon as possible and communicated to workers in writing. Failing to do so may open the factory and the school to complaints and legal actions taken by one of a group of student workers.

COMMON CHALLENGES

1. Insufficient wages paid to student workers due to the responsible person or department are not fully ware of the legal requirements.

2. Often the three-way internship agreement between factory, school and students are incomplete and invalid. For example, if an agreement is missing stamps from the school or factory or only has the signatures of students, the factory should check each of the agreements and ensure they have the force of law.

3. Some students come to work during shorter vacations, and factory does not take the time to put in place formal tripartite agreements.

BUSINESS CASE AND/OR OTHER CONSIDERATIONS

 Penalties for employing underage workers outside of the applicable regulations are high. Liability risks for the factory also are high in the event of the young worker sustaining injury or death in the workplace.

COMMON JOB FUNCTION: Human Resource Manager

COMMON JOB, SUB-FUNCTION: Payroll (Wages and Benefits) Manager

ADDITIONAL RESOURCES

 Nil

RELATED MANAGEMENT SYSTEMS

Young Workers - Vocational School Requirements

ASSOCIATED INTERNATIONAL STANDARDS

ILO CLUSTER: Contracts and Human Resources

ILO COMPLIANCE POINT: Employment Contracts

ILO COMPLIANCE QUESTIONS: Do the employment contracts comply with other legal requirements?

SDG RELEVANCE 4, 8, 12

Mosaic ID: Mosaic52875863