Provision on the Administration of Internships for Vocational School Students : Article 15

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

All vocational schools and employers shall, in compliance with the laws and regulations, safeguard the basic rights of the intern students, with the following situations prohibited.

1. Any grade one student of the vocational school is arranged or accepted to work as an intern by undertaking all duties required by a position;

2. Any student less than 16 years is arranged to work as an intern by following the experienced staff or undertaking all duties required by a position;

3. Any juvenile student is arranged to undertake the work prohibited by the Regulations on the Special Protection of Juvenile Workers;

4. Any female student is arranged to undertake the work prohibited by the Special Labour Protection Regulations for the Female Worker;

5. Any student is arranged to work at the nightclub, the cabaret, the karaoke hall, the bath and leisure center, and other businesses providing various entertainment;

6. The student internship is organized, arranged and managed by any agency or paid delegated organization.

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 a list of all jobs that are completed by workers in the factory. This list should also identify the jobs that are also suitable for interns that may be hired by the factory. A job's suitability for interns may be determined by the job tasks, work load, and working hours among other details.

Also refer to the laws, Special Protection of Juvenile Workers and Special Labour Protection Regulations for the Female Worker.

2. Review the age of all student interns to ensure they are at least 16.

Take Action:

1. From the list of all jobs in the factory, management must identify the jobs that are also suitable for interns that may be hired by the factory.

2. For those jobs that could be assigned to an intern, management should verify that the jobs are not included in the list of restrictions in the law requirement. If the factory identifies any conflicts they should remove interns from those jobs and reassign them appropriately.

2. Inform school of any such changes and modify applicable contracts as appropriate.

COMMON CHALLENGES

The grade one students of the vocational school have been arranged to work as interns by undertaking all duties required by a position.

Lack of management awareness around gender issues and the law with regards to recruitment. Immature systems to evaluate performance as it relates to advancement.

BUSINESS CASE AND/OR OTHER CONSIDERATIONS

 This law requirement restates some of the restrictions that are in place for interns working in a factory.  In some cases the law states that restrictions that are in place for all other workers apply to interns as well.

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: Mosaic17522035