Research On The Protection Of Apprenticeship Entitlements In Modern Apprenticeship System

As the global economic integration goes,the talents have been manifested as the international competition power,with the industry upgrading continuously.Thus,it comes with the fact that the modern apprenticeship has become the mainstream of vocational training mode in western developed countries.In 2014,China also commenced at comprehensively promoting the pilot work of apprenticeship.However,there were many problems in the implementation of pilot work,especially in the protection of the students' entitlements when they are identified as apprentices.Consequently,when the entitlements of the apprentices such as labor rights and education rights,are infringed or in contradictory disputes,they are often faced with the dilemma that entitlements protection is difficult,or the cost of entitlements protection appears to be so much high,which seriously affects the development of vocational education in China.By means of the analysis of news reports and practical cases,the thesis is written to conclude that the main reasons for the infringement of the apprentices' entitlements are as follows: The legal relationships among the modern apprenticeship are complex and overlapping;The relevant laws lag behind the social description;The relief route is not clear.Based on the comparative analysis of the measures taken by Germany,Britain and Australia to protect the entitlements of apprentices,this paper proposed the idea of building a multi-dimensional apprenticeship protection system,according to the problems in the current apprenticeship system in China: First of all,it is need to realized that sorts out the legal relations among the three parts,known as the students,the school and the enterprise.For while the apprentice is in the enterprise,there is still an educational relationship between the school and the students,and there exists the education relationship as well as the labor relationship between the students and the enterprises.Then,it is necessary to consummate the relevant laws,regulations and systems,revise the provisions of the Vocational Education Law on modern apprenticeship,determine the main educational body of the enterprise,clarify the rights and obligations of all parties,improve the operability of the law;amend the Labor Contract Law,ensure the apprentice as the labor.In addition,before the law is revised,the content of the tripartite agreement should be further regulated,which means to detail the specific rights and obligations of enterprises and apprentices in the aspects of the labor and the education,and add the procedure of contract filing,so as to strengthen the guarantee power of tripartite agreement.Furthermore,it would be suggested that enhances the supervision under the government and industry,and intensifies the entitlements protection via the design of the apprenticeship system.Last but not least,it is also significant to improve the legal consciousness of apprentices and dispute handling and relief system,and in the meantime,set up a special arbitration committee to resolve disputes in the apprenticeship system.To sum up,apprenticeship is an important tool to conduct the vocational education reform in China.In the process of implementation of the pilot work,there are inevitably various loopholes,which does harm to the legitimate entitlements of apprentices.Through the analysis of the causes,it is proposed to build a multi-dimensional protection system of apprenticeship entitlements to provide the apprentices with the strong protection,in order to achieve the ultimate goal of vocational education.