Provision on the Administration of Internships for Vocational School Students: Article 9

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 shall set an appropriate number of students who work as interns to undertake all duties required by relevant positions. These students' total number shall not exceed 10% of its full-time workers' total, and the number of students working on any specific job shall not exceed 20% of the position's workers' total.

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. Develop a list of all jobs in the factory. If the factory is large it would be ideal to have jobs organized by area or production process.

2. From this list, create a list of which workers are assigned to each job and specifically identify the interns in each job.

Take Action:

1. From the above required list,  identify which jobs have been assigned an intern.

2. Confirm that the total number of interns in the factory does not exceed 10% of the total number of workers in the factory. This is done by taking the total number of interns in the factory divided by the total number of workers in the factory (across all shifts).  This number should then be multiplied by 100 to get the percentage of interns working in the factory.

3. Confirm that the total number of interns assigned to a job does not exceed 20% of the total number of workers assigned to the job in total. This is done by taking the total number of interns assigned to a job in the factory divided by the total number of workers assigned to the same job (across all shifts).  This number should then be multiplied by 100 to get the percentage of interns working in a specific job.

COMMON CHALLENGES

Number of student interns exceeds 10% or 20%, respectively, as responsible staff are not aware of the limits and/or the factory is in need of increased workforce due to general difficulty in hiring new workers or due to peak production periods.

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

 A factory should be aware that interns often lack the work experience that other adult workers have in a factory.  An intern's skill level to react to problems in a job or emergency situations will not be as developed as other workers.  This law requirement sets limits on the population of interns in a factory to ensure the safety of interns as well as other workers in the factory. This will also lower inefficiency and reduce risk per the point below.

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: 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: Mosaic34057955