Provision on the Administration of Internships for Vocational School Students : Article 35

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

Progress shall be made in establishing the compulsory insurance system for intern students. The vocational school and employer shall, in pursuance of China's laws and regulations, buy liability insurance for all intern students. The liability insurance shall cover all contents throughout internship, including the accidents faced by the students during internship, the students' injuries or deaths due to the negligence and errors of the insured, and legal liabilities of the insured, as well as relevant legal fees.

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. Create an inventory of all the types of insurance that are in place for workers in the factory.  This should include the specific details of each insurance type and the names of the workers who are covered by each type of insurance.

Take Action:

1. Confirm the type of insurance coverage that is in place for workers at the factory and make sure that it includes the provisions that are identified in this law requirement.  At the same time the factory should confirm that the insurance company coverage will extend to interns working in the factory.

2. Identify one person who is responsible for contacting the insurance company to add and remove interns when appropriate.

Note: Student liability insurance can be included as part of general commercial liability insurance, with coverage including work time, school time, home time and time on the road. Group personal liability insurance for factory, can perform the same function.

EXAMPLE

COMMON CHALLENGES

1. No commercial insurance provided to student workers as the responsible person does not know the legal requirements and it is hard to get this legal information.

2. Student workers who have not finished their study program cannot join the social insurance, so they can only join a commercial insurance policy to cover incidents or work-related injury. Sometimes a factory will deduct commercial insurance fee from student workers payments.

3. If the factory always uses group commercial insurance for student workers, the responsible person should add new or remove resigned student workers' names into/from the group commercial insurance. However, they are not always on top of such updates.

BUSINESS CASE AND/OR OTHER CONSIDERATIONS

 In relation with other policies, social security contributes to improving productivity and employability, and to economic development. For employers and enterprises, social security helps to maintain a stable workforce that can adapt to changes. Finally, it reinforces social cohesion and therefore contributes to building social peace, inclusive societies and a fair globalization by ensuring decent living conditions for all.

Without enrollment, applicable employees are not covered which can be an issue in the event of an accident and incur significant costs.

COMMON JOB FUNCTION: Human Resource Manager

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

RELATED MANAGEMENT SYSTEMS

Compensation (Wages and Benefits)

ASSOCIATED INTERNATIONAL STANDARDS

ILO CLUSTER: Compensation

ILO COMPLIANCE POINT: Social Security and Other Benefits

ILO COMPLIANCE QUESTIONS: Does the employer pay the required employer contribution to social insurance funds?

SDG RELEVANCE 1, 3

Mosaic ID: Mosaic75944423