Provision on the Administration of Internships for Vocational School Students : Article 12

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

An internship agreement shall be signed between the vocational school, the employer and the students before the student begins an internship by following experienced staff or undertaking all duties required by a position. The agreement shall be made in duplicate and each party shall keep one copy.

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. Review existing list of student interns and from which schools. Determine the number of existing student interns without the required agreement.

2. Convene a meeting to identify and review all existing on-boarding policies, procedures and informal practices with staff responsible (i.e. Human Resources) for contracting with vocational schools.

Take Action: 

1. Draft and execute agreements where absent and provide each party with a copy.

2. Create or update your policies and procedures to require a legal agreement be signed with all student interns and that their related vocational schools and that each party receives a copy.

3. Update applicable staff about such changes to the policies and procedures to ensure they understand their responsibilities related to student intern agreements.

COMMON CHALLENGES

Common Finding:

The internship agreement signed between the student workers, school and factory was not fully completed.

There is no copy of the fully executed internship agreement provided to the intern.

The factory may have limited human resources to dedicate to the task, financial limitations or constraints, or a lack of written programs and employee training that commit to performing the task to ensure compliance.

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: Hiring and Recruitment 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: Mosaic51642851