Provision on the Administration of Internships for Vocational School Students : Article 23

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

In the case that any vocational school arranges for students to work as interns at a location far from its location, it shall arrange for students to live in the same place, and as long as conditions are allowed, the employer shall provide dormitories in the same place for the students. The vocational school and employer shall formulate the regulations on the intern student's accommodation and the system of applying and terminating leaves. In the case that any intern student applies not to live at the supplied dormitories, the application shall not be approved until the guardian of the student signs the relevant files and the vocational school files them.

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 a 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.

Article 30 Vocational schools shall cooperate with internship units to criticize and educate students who violate the rules and regulations, internship disciplines, and internship agreements. If the violation of regulations is serious, the vocational school shall give disciplinary sanctions after research by both parties. If the internship unit causes property losses, it shall be compensated in accordance with the law.

IMPLEMENTATION AND IMPROVEMENT GUIDANCE

COMPLIANCE IMPLEMENTATION AND IMPROVEMENT STEPS

Evaluate the Condition

1. The factory should have a complete list of all interns working in the factory.

2. From the list of interns the factory should confirm if any have had their personal accommodations coordinated by the factory.

Take Action:

1. For new interns coming to work, factory management should request that the intern provide details on where the intern will reside. This should be documented by management and maintained in the intern's file.

2. If the intern states that they need help finding a place to live while working at the factory, the factory must find suitable accommodation for the intern.

3. The factory can assign the intern to live in designated accommodation that is already used for other factory workers if this exists. If the factory does not use worker accommodation then management must search for suitable shared accommodation that is close to the factory. Accommodation that is shared by workers from other factories located nearby would be a suitable option.

4. The factory must take the responsibility to organize the start and end date of the accommodation that is provided to the intern. The factory should coordinate this directly with the accommodation manager.

5. If the intern chooses to find accommodation on their own then the factory must ask the intern to provide these details and receive confirmation from the intern's parent or guardian that the alternate accommodation has been approved.

COMMON CHALLENGES

No dormitory was provided to those interns from the location far from the factory location. Lack of awareness around gender issues and the law with regards to recruitment. Immature systems to evaluate performance as it relates to advancement.

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

 It is important to protect the health and safety of interns both in the factory and during their personal time away from the factory.  The law requirement states that if interns do not live close to the factory then the factory will arrange suitable living space for interns. Interns have the option to find other living arrangements but the parent or guardian of the intern must approve of living arrangements other than the one offered by the factory.

Failure to adhere to the regulatory requirements for young workers can result in high penalties. Penalties and criminal charges can be particularly severe for factories and management in cases where young workers are injured or killed in the workplace as a result of regulations not being followed.

COMMON JOB FUNCTION: Human Resource Manager

COMMON JOB, SUB-FUNCTION: Production Manager

ADDITIONAL RESOURCES

 Nil

RELATED MANAGEMENT SYSTEMS

Young Workers - Vocational School Requirements

ASSOCIATED INTERNATIONAL STANDARDS

ILO CLUSTER: Child Labour

ILO COMPLIANCE POINT: Child Labour

SDG RELEVANCE 4, 8, 12

Mosaic ID: Mosaic95771359