barbaraa (3801847) writes "Summer vacation is coming, many students use holiday to play summer employment. For students, this is a good exercise and can this help students to gain some social experience. Also this can hone the will, which is very helpful for future employment. However, quite a few students had infringed. If you have deceived, don't pay what should infringement rights? Don’t be remote controlled. Let's learn the legal knowledge about summer jobs.
According to about carrying out the opinions on some issues of labor law the People's Republic of China" and work-study students spare time, not be treated as employment, labor relations has not been established, can not sign labor contract. Summer student works part-time labor services, belongs to the labor relations, is not protected by the labor contract law.
Play summer jobs to maintain the rights of students, before a summer jobs to first understand legal formal work unit, also want to understand the relevant laws and regulations, be prepared to face the emergency, learn to identify. Before working with the unit after reaching a negotiated consensus, conclude a contract, fixed by contract rights and obligations, the oral agreement is unable to recognise.
Once appear accident, don't rush, you must learn to calm processing, use the right way to solve problems, including the government departments, the teacher for help, if necessary can ask lawyer for legal aid, learn to use legal weapons to protect themselves.
When students think labor rights are violated, should be to the labor inspection agency complaints, complaints when fill in the complaint form, and submit relevant information: id photocopy, and prove that worked in the unit of material, such as contracts, job card, working clothes, have signed and sealed by the unit entry table, etc. Labor inspection institutions after investigation to understand, if both parties have no direct evidence in writing, the unit and does not admit students work there before, in the presence of labor dispute cases in labor arbitration, confirm the labor relations.
For the need of social practice, minors under 16 years old also need to add some social knowledge, learn some work skills, the regulations banning the use of child labor on students' work-study such provision: schools and other institutions of education and vocational training institutions in accordance with the relevant provisions of the state minors under 16 years old to not affect their personal safety and health of body and mind education, vocational skills training labor practice, do not belong to the use of child labor.
But the labor must first for the purpose of education practice or vocational skills training, simply to increase the income for the purpose cannot be regarded as a social practice. The second must be by schools and other institutions of education and vocational training institutions in a unified manner. Finally, this must be a minor Labour can, do not affect their personal safety and health of body and mind, not to high altitude, downhole, radioactive, some high risk, such as high toxic, flammable and explosive and strong the manual labor.
Banning the use of child labor provisions on the use of child labor phenomenon developed severe punishment measures: for job placement service to minors under 16 years old, every introduce a person to 5000 yuan; Unit of choose and employ persons to use child labor, in accordance with the standards of 5000 yuan per month per child labor to give punishment; Unit of choose and employ persons is ordered by the administrative department for labor security will exceed the time limit still not of child labor to make corrections within a time limit of their parents or other guardians, fine double standards, and revocation of the business license; The child back to the original settlement to their parents or other guardians required for transportation and accommodation costs, all by unit of choose and employ persons. If unit of choose and employ persons is the state organs, public institutions, directly responsible person in charge and other directly responsible personnel will be demoted or removed."
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