Legal Risk Prevention of Internship Training... Common legal disputes and handling during students' internship (Disciplinary Property)

Published:

2021-11-16

Foreword The Ministry of Education and the Ministry of Finance issued the "Administrative Measures for Student Internships in Secondary Vocational Schools" (hereinafter referred to as the "Measures"), which mainly refers to secondary vocational schools in accordance with the requirements of professional training objectives and the arrangement of teaching plans, and organize students to The teaching practice and internship conducted by employers such as enterprises are important contents of professional teaching in secondary vocational schools. For students, internship is the process of applying theoretical knowledge to practice, and it is an important part of learning during school and about to enter the workplace. Through internships, students can accumulate practical experience, increase social experience, adapt to social life early, increase opportunities for future employment, and facilitate the smooth connection between school study and employment. During the internship, students often encounter legal disputes. The common legal disputes mainly include work injury, personal injury, violation of discipline and property safety. In this article, the author mainly discusses the problems of violation of discipline, property safety and disappearance, in order to give readers some enlightenment. Text 1. violation of discipline If the discipline is violated during the student's internship training, each school will generally formulate relevant regulations before the student's internship training to regulate the behavior of the student during the internship training. For example, during the internship period (including holidays), students who leave the internship post without the consent of the internship unit, the school internship employment guidance center and the head teacher, or who fail to go through the formalities for changing the internship unit in accordance with the regulations, shall be given a warning or more; those who leave the internship post for more than one day without authorization shall be given a serious warning or more on the basis of absenteeism. Other accidents (such as traffic, safety accidents, the student himself shall bear the responsibility; those who have lost contact for two consecutive weeks shall be withdrawn from school in accordance with the relevant regulations of the state and the school. Those who do not abide by the factory rules and regulations during the internship (such as being late, leaving early, stringing, sleeping, taking off duty, drinking alcohol, etc.) shall be given warning or above according to the seriousness of the case. Therefore, if economic losses are caused to the enterprise, the responsibility shall be borne by the intern students. Those who violate the operation rules shall be given the above demerit punishment according to the seriousness of the circumstances; those who cause heavy economic losses shall be dealt with in accordance with the relevant laws and regulations of the state and the relevant rules and regulations of the internship unit, and the college shall be given probation. From this, we can infer that students violate discipline during practical training. The basis for processing is generally the relevant system or regulations during the internship and training period formulated by the school. If students not only violate discipline, but even violate the law, they must be dealt with in accordance with the relevant laws of the country. 2. property security Property is the relationship between people and people in the form of rights and obligations stipulated by law, which is the content of material and thought that has a certain significance for the survival and development of human beings. Based on the basis of the creation of property rights, China's civil law breaks down property rights into property rights, claims, intellectual property rights and inheritance rights. The way to protect the personal property of college students is to protect themselves, and the other is to protect themselves. Other protection is to use laws, regulations and rules to rely on the protection of state administration, judicial organs, university security functional departments and other administrative organizations. Self-protection, or self-protection, is to rely on one's own awareness of property safety and basic common sense, rely on one's own strength to prevent illegal property infringements in advance, timely defense and protection afterwards. Pre-prevention is mainly reflected in anti-theft, anti-robbery, anti-fraud, anti-accident, etc.; timely defense is mainly reflected in the prevention of infringement, legitimate defense, emergency avoidance; after-the-fact protection is mainly reflected in the punishment of infringement to recover losses. According to the causes of property damage, mainly divided into theft, robbery, snatching, fraud and other types. The situation of property loss of students practicing outside the school is mainly to strictly distinguish whether the loss occurs within the jurisdiction of the internship unit or outside the jurisdiction. If theft, robbery, fraud and other incidents in the unit cause property losses, and the natural person who carries out this behavior is a regular employee of the internship unit, then the internship unit shall be liable for the property losses of the students. There is another situation that we should also consider: even if such incidents occur within the internship unit, but the person who carries out this behavior is not an employee of the unit, then the internship unit should not only bear the liability for property damage, but also the security department of the internship unit can not escape the responsibility of neglect of management. The property loss of the internship students occurred outside the internship unit, and the loss caused by the lack of personal protection has nothing to do with the internship unit. In recent years, a large proportion of the victims of materialistic crimes are interns. This group does not have a strong sense of self-protection, social experience is still shallow, and some interns squandered as soon as they received their wages, and many criminal suspects targeted this special group. Therefore, the internship students have not yet graduated and left the campus. They must correct their personal mentality, strengthen their personal self-protection awareness, learn some legal knowledge by themselves, and know how to protect their own rights and interests when their personal interests are violated. In the contemporary society with the rapid development of science and technology, a large number of high-tech and high-tech companies and enterprises have emerged, and the business secrets of enterprises have become an important part of the competition between units. In order to prevent employees from divulging business secrets after their employment or departure, many enterprises have stipulated trade secret protection and non-competition clauses in their labor contracts, or have signed separate trade secret protection and non-competition agreements with their employees. The "Labor Contract Law" stipulates: "The employer and the employee may agree in the labor contract to keep the employer's business secrets and confidential matters related to intellectual property rights. If the students of internship training are entrusted with important tasks by the internship unit and sign a confidentiality agreement with the internship unit due to their outstanding abilities, but they do not abide by it, divulging the company's business secrets and bringing huge losses to the internship unit, they will bear serious legal consequences. Article 24, paragraph 1, of the "Labor Contract Law" stipulates that the personnel subject to competition restrictions are limited to the senior management personnel, senior technical personnel and other personnel with confidentiality obligations of the employer. In practice, the protection of trade secrets should be mainly aimed at six types of employees in key positions of the company: 1. senior managers, who often master the core trade secrets of the company; 2. technical research and development personnel, who often know important trade secrets or confidential information due to work reasons; 3. senior marketing personnel, who directly hold a large number of customer resources; 4. personnel in important management positions, such as HR, financial management, legal management personnel; 5. Secretarial personnel, because they often serve as meeting minutes, management and distribution of documents, the possibility of their contact with commercial secrets is very large; 6. Other personnel who contact corporate secrets. For workers who have the obligation of confidentiality, the employer may agree with the laborer in the labor contract or confidentiality agreement on the non-competition clause, and agree that after the termination or termination of the labor contract, the laborer will be given economic compensation on a monthly basis within the non-competition period. If the laborer violates the non-competition agreement, he shall pay liquidated damages to the employer in accordance with the agreement. It should be noted that according to the provisions of the labor contract law, if the employer requires the employee to perform the non competition agreement, it must sign the non competition agreement with the employee in advance, and the prerequisite for the non competition restriction is that there must be a trade secret that can be protected. If there is no trade secret that needs to be protected, the non competition restriction clause lacks the basis for establishment, Even if there is an agreement, it is invalid. In addition, it is not ruled out that the violation of operating procedures during the internship training period will cause losses to others. Although the identity of the internship students is still unclear, there is a de facto labor relationship between the internship students and the internship unit. Therefore, if the worker's illegal operation causes losses to others, the enterprise where the worker is located shall compensate. Then can be recovered from the workers in accordance with the law. If property damage is caused to the internship unit, the internship student himself will bear the corresponding liability. 3. intern student missing The interpretation of the word "missing" in the Modern Chinese Dictionary is that the whereabouts are unknown and no trace can be found. The general interpretation of the law on disappearance is the declaration of disappearance. If a citizen's whereabouts are unknown for two years, the interested party may apply to the people's court for him to be a missing person. The declaration of disappearance requires the following four conditions: (I) there are unaccounted for facts. Such as floods, earthquakes, war, etc. If you know that someone is somewhere, even if you haven't returned for a long time, you can't be considered missing. The whereabouts of the (II) must be unknown for two years. Where the whereabouts of those unaccounted for during the war are unknown, the period of unaccounted for shall be counted from the date of the end of the war. The (III) must be applied to the people's court by the interested party. Interested persons include spouses, parents, adult children, grandparents, brothers and sisters, and citizens and legal persons who have civil rights and obligations to the person declared missing. A (IV) must be declared missing by a people's court in accordance with legal procedures. Although there are not many cases of students missing during the internship, once the students disappear, it will have a serious impact on the family, school and society. If such an incident occurs, how to share the legal responsibilities of all parties? How to deal with the matter in a timely manner by the school and the internship unit? In judicial practice, the general situation is that if a student disappears during the internship, the school and the internship unit should bear the corresponding legal responsibility, but how to allocate the responsibility and how to compensate depends on the specific situation. If it is indeed the cause of the school and the internship unit, it is generally only liable for civil compensation, and the compensation does not exceed 50% of the total compensation amount. Therefore, whether the school management is in place plays a vital role. Specific management methods should be clearly defined in the internship agreement. For example, the time and number of times the school contacts students, the number of student internship reports, internship logs and other related issues. If the school management is indeed in default, then the school should bear the corresponding legal responsibility. As for the responsibility of the internship unit should be judged according to the internship contract, what are the responsibilities of the internship unit for the management and supervision of the students during the internship? For example, during the working hours, the students go out without permission, the unit is negligent in management, and the parents are not contacted. That must be responsible. If the student is found missing, notify the relevant departments in time, and the handling is in place in time, then the responsibility of the internship unit will be reduced or even no responsibility. "Take precautions before they happen", the school, the internship unit, and the students themselves must sign an internship agreement, and the content of the agreement clarifies the power and obligation relationship of the three parties. Schools and practice units should develop emergency plans for students missing. Author's point of view and reasons Lawyer's summary: The above mainly analyzes several types of disputes common to students during their practical training and the legal basis or methods for handling them. Of course, in real life, the legal disputes that students have during the internship training are not limited to the above types, and the specific situation must be analyzed in detail. However, it is not difficult to find that all kinds of disputes emerge in endlessly during the internship and training of vocational college students. In fact, the key is that schools, internship units and students can really "nip in the bud".

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