On The Legality Of Labor Contracts Signed By Prospective Graduates

I am a technical college student. I am 20 years old. I graduated in July this year.

In October last year, I applied for a recommendation form issued by the school to a mechanical company for employment. I was hired by the company. We both signed a labor contract, and made detailed stipulations on the duration of labor, the content of labor and the remuneration for labor.

After signing the contract, I have been working at the company's rest and rest time.

One day in May, when I was injured in the workshop, I applied to the company for work-related injuries, but I was rejected by the company.

The reason for the company is that I did not graduate from the labor contract. I am a student in the school and do not have the qualification of establishing the main body of labor relations. Therefore, the labor contract between me and the company is invalid and there is no labor relationship between the two sides.

Is their statement correct?

You and the company.

Lawful and effective, and should be protected by law.

If you are injured in the workshop, you will be injured. If the company refuses to apply for a work-related injury, you can apply for a work-related injury directly to the labor and Social Security Department of the company.

First of all, the twelfth provision of the Ministry of labour on the issues concerning the implementation of the labor law of the People's Republic of China stipulates that "students use their spare time".

If we do not regard employment as a job and do not establish labor relations, we may not sign a labor contract. "

However, the application of this provision is precondition, that is, work study program is the purpose.

The work study program here means that students are not employed for the purpose of employment.

And living expenses.

As you can see, when you sign a labor contract with a machinery company, you have agreed on the rights and obligations of both parties. After signing the contract, you have been working in accordance with the company's work and rest hours. The purpose is obviously not to use the business hours and work study program.

Secondly, according to the current law of our country, the person who has reached the age of 16 has the qualification of establishing the main body of labor relations, and the law does not exclude the students from school.

Obtaining a diploma and having a corresponding degree is not a necessary condition for establishing a labor relationship.

In addition, the contract of labor with a mechanical company is signed on the basis of the agreement between the two sides. It is a representation of the true meaning of both parties. There is no fraud, concealment of facts or coercion, nor does it violate the relevant laws and administrative laws, so there is no invalid problem.

Finally, according to the fourteenth provision of the State Council's "industrial injury insurance Ordinance", workers should be identified as work in their working hours and workplace due to work accidents.

Obviously, when you work in a workshop, you are injured at work time and in the workplace. If you are injured due to work reasons, you should be identified as work-related injuries.