The Legal Protection Of Interns’ Rights About Personal Injury In Reference To Work During The Course Of Internship

With China’s socialist development of market economy, the employer take practical experience more seriously, more and more college students participate in intership. Internship comes in three shapes and sizes:Firstly, interns do some professional training to enhance professional proficiency, for establishing labor relationship with the employer during the course of internship, that is employment internship; Secondly, internship is only the part of teaching plan, namely, practice teaching; Thirdly, interns contact employer allodium under abidance by the teaching program and get paid for internship through the provision of labor. The phenomenon of interns from accidental injury which is in reference to work already be too numerous to enumerate during the course of internship. But at present, there is not a special law to protect interns’legitimate rights and interests in China. In practice, the protection of interns’rights about personal injury in reference to work under the law is also not adequate.This article mainly research on the protection of interns’rights about personal injury in reference to work under the Labor Law pattern during the course of internship, especially paid internships.In the article, two successful cases in reference to protect interns’legal rights which extract the dilemma that interns how to look for legal protection when accidents happen to interns which is related with practice during the course of internship, including dispute in the theory circle of our country, existing laws and regulations is inadequate which lead to a hard nut to crack in practice. Then the author analyzes the existing legal protection. At last, analyzes some advanced legislation experience about protecting interns out of Chinese Mainland to find out legal protection in reference to interns’ accidental injury during the course of internship. In addition to the introduction, the article is divided into three parts.Preface part:The special law which protects interns’rights about personal injury in reference to work during the intership has important meaning.Part1:Legal protection of interns is difficult due to the dispute. Dispute about interns’employment status in the theory circle of our country and in practice after interns encounter accident during the course of internship. Dispute about the legal relationship among intern, school and employer could cause vague liability;Part2:The author points out the existing legal protection, including four kinds:the first, not regard the interns status as workers status, but through the civil law to deal with interns’injury; the second, regard interns’employment status as worker status, then deal with the injury according to worker’s compensation; the third, shift the risk to commercial insurance; at last, the employer, intern and school sign indemnity agreements;Part3:The level of protecting interns should be improved in law. The suggestion is that interns should be protected by labor law. Employee in labor law shall be clear and definite, confirm the interns’empolyment status into workers’status, the liability who assume shall be explicit. Learn some advanced legislation experience out of Chinese Mainland to find out the legal method about protecting injury interns, then establish special workers’compensation insurance system for protecting interns on the basis of workers’status, and gradually expand the scope of protection of the Labor Law to protect interns’personal rights. Endewing interns’rights about applying for workers’compensation, it is beneficial to protect injury interns. It is the important legal means to improve protection of interns during the course of internship. The author looks forward to this article which may perfect the system of interns’ beneficial.