Analysis On Employment Injury Of Employment-oriented Intern

Employment-oriented intern is a type of interns who take the internship for the purpose of being employed.Once they enter into the job,they must strictly abide by the rules and regulations of the internship units and obey their management arrangements.Therefore,it is inevitable for them to suffer from occupational injury.Since the relevant laws and regulations of our country are incomplete,there's no explicit regulation regarding the legal relationship between the employment-oriented intern,the internship unit and the university,so that the legal status of the employment-oriented trainee is difficult to determine.As a result,once they suffer from occupational injury during the internship,they obtain relief in the form of personal injury compensation rather than industrial injury insurance most of the time.The litigation time is long and the burden of proof is heavy and it's difficult to obtain relief this way.Their legitimate rights and interests can not be effectively safeguarded.This thesis takes the case of Li v.North-South Express Co.,Ltd.as an example and analyzes it through four parts.The first part is the analysis of the concept of employment-oriented intern and education-oriented intern.The second part is the analysis of the current situation of occupational injury relief of employment-oriented interns and the comparison between personal injury compensation and industrial injury insurance.The third part analyzes the legal status of employment-oriented interns during the internship in accordance with the judgment criteria of laborers.The fourth part clarifies the legal relationship between the employment-oriented interns and the internship units through the analysis of the legal nature of the employment service and the comparison between labor relationship and labor service relationship.According to the above analysis,it is concluded that the employment-oriented intern has the laborer's identity during the internship and it forms a factual labor relationship between the intern and the the internship unit.As a result,this thesis suggests that this kind of interns should be included in the industrial injury insurance system to make sure their legitimate interest are protected after occupational injury.