Study On The Labor Law Protection For Vocational Student’s Employment Practice

Due to the increasingly grim of the current employment situation, highervocational college graduates begin to contact employers at an earlier and earliertime. And most of them begin to hunt for jobs before their thesis oral defenses.Among them, a few have found jobs and signed employment agreement withemployers before going through graduation formalities. They become specialworkers. However, these workers are still regarded as internships by theiremployers. This paper treats these special “internships” as “employmentinternships”. During the internship period, they are treated unequally, that is,they are made to do the same work as others but are not paid as well as them.This not only violates their rights and interests but also intensifies labor dispute.From the practical level, it’s difficult for the current laws and regulations toprotect the employment internships fully whose rights and interests aredamaged. The main reason of causing this is that the legal status of labor forinternships has not been established. However, during the internship period, theinjury accidents often happened to higher vocational college graduates, and themajority of the victims cannot get timely relief and compensation. Thecognizance of legal nature on these victims is the cognizance of theiremployment internship status. Now that employment internships have signedemployment agreements with employers, the two sides formed a substantialrelation. Although employers takes the fact that employment internships havenot got the diploma as an excuse in order to avoid signing labor contract, itdoes not affect the establishment of employment internships’ identities. In orderto fundamentally solve the problem of employment internships’ right protection,the author suggests the country should enact a new judicial interpretation,revise and perfect labor law and industrial injury regulations, or work out a lawon protecting employment internships’ rights and interests. Construct remedymechanism to protect the higher vocational employment internships’ rights andinterests and strictly regulate their written internship agreement with work unit.