I would like to know what is an apprenticeship?

In 2002, the Macau Special Administrative Region government formulated an apprenticeship training law, which stipulates that young people aged 14 to 24 who have completed primary school courses can be accepted as apprentices. Young people who intend to receive training through the apprenticeship training system should register at the Labor and Employment Bureau, or at a group representing employers or workers, or at an enterprise certified to be qualified to provide apprenticeship training. The relevant registration form should be sent to the Labor and Employment Bureau bureau. Apprentices and enterprises must sign an apprenticeship training contract, which is defined as a contract in which the enterprise promises to ensure that the apprentices receive vocational training alone or in cooperation with other institutions, and the apprentices must bear the obligation to perform the work inherent in the training. Enterprises that provide apprenticeship training should have a good working environment and have the necessary human and technical resources to ensure that apprentices complete vocational training. The enterprise should submit the original copy of the apprenticeship training contract to the Labor and Employment Bureau within 10 working days after the apprenticeship training contract is concluded, and attach a document issued by a labor doctor certifying the apprentice's physical health for review and registration. The apprenticeship training contract It will only take legal effect after review and registration. Regarding the legal nature of the apprenticeship training contract, Macao law holds that the contract neither creates a subordinate labor relationship nor can it be used as the basis for a subordinate labor relationship. The duration of apprenticeship training shall not exceed 3 years, and the apprentice's working time in the enterprise shall not exceed 8 hours per day and 48 hours per week.

During the training period, apprentices are entitled to receive training subsidies paid by administrative authorities and enterprises. The compulsory insurance system regarding risks of work accidents and occupational diseases also applies to apprentices. In addition, apprentices are entitled to weekly rest, annual leave and public holidays in accordance with the provisions of the Macau government’s general labor relations system.

In Taiwan, people did not think highly of "apprenticeships" in the past. The "apprenticeship system" seemed to symbolize poverty and backwardness. However, with the development of the economy, people gradually realized the purpose of the apprenticeship training system. It is a kind of human resources planning that promotes the cultivation and training of young labor force and is of great significance to the development of future labor force in society. Based on this, Taiwan’s Labor Standards Law officially names apprentices as “technical students.” Regarding the identity of technical students, Taiwanese scholars believe that although "technical students" in theory focus on cultivation and training, on the other hand, these technical students are actually still workers working in factories, so they are based on the definition of actual workers. From a professional perspective, it should have a corresponding labor status [6]. According to Taiwan's "Labor Standards Law", employers are not allowed to recruit anyone under the age of 15 as "technical students", except for those who have graduated from high school. When employers recruit technical students, they must sign a written training contract with them, specifying the training items, training period, accommodation burden, living allowance, relevant teaching, labor insurance, graduation certificate, conditions for the validity and termination of the contract, and other matters concerning the rights and obligations of both parties. , shall be executed separately by the parties and submitted to the competent authority for filing. Employers are not allowed to charge relevant training fees from "technical students". After the training period is over, the employer can retain the employee and enjoy the same treatment as workers doing the same job. The number of "technical students" shall not exceed 1/4 of the number of workers. If the number of workers is less than 4, it shall be counted as 4. The relevant provisions of the Labor Standards Act regarding working hours, breaks, vacations, child labor, female workers, disaster compensation and other labor insurance shall apply mutatis mutandis to "technical students". A "Technical Training Law" was also specially formulated for further regulation.

It can be seen from the above regulations that the apprenticeship training systems implemented in Macao and Taiwan are very similar to the apprenticeship training methods for young people of suitable age in enterprises in the mainland in the 1980s. The difference is that although enterprises in the two places are Young people of appropriate age are provided with vocational training opportunities, but apprentices do not establish a formal labor relationship with the company. Unless both parties agree after the training is completed, the apprentice may be retained and become a regular employee of the company. Germany and France adopt a training method that combines school education and corporate internships for school-age teenagers through apprenticeship training centers or vocational schools. This is very close to my country’s current model of cultivating skilled workers through vocational schools or training institutions. Different Yes, the relevant provisions of the labor law shall apply mutatis mutandis to the protection of the rights and interests of young workers interning within the enterprise. What these countries and regions all agree on is that relevant government departments attach great importance to and strictly supervise the vocational training of young people of appropriate age in enterprises, whether in the name of "apprenticeship" or "internship". The German government and our country The Macau Special Administrative Region government even does not hesitate to use financial subsidies to promote the participation of young labor force in vocational training.

In terms of adjustments to applicable laws, young people who participate in internships in enterprises are regarded as workers with special status and are included in the labor law for adjustment. Although the Macao Special Administrative Region Government stipulates that apprenticeship training contracts do not create a subordinate labor relationship and cannot be used as the basis for a subordinate labor relationship, but for young workers participating in training activities, the relevant provisions of the applicable labor law are still followed.

3. Suggestions on improving the legal system of vocational training in my country (1) Clarify the legal status of intern students. In view of the nine-year compulsory education system in my country and the regulations that first-year vocational school students cannot go to companies for internships, The vocational school students who participate in internship activities in the internship unit basically meet the age requirement of 16 years of age stipulated in my country's labor law. Although their status is different from ordinary workers in the enterprise, internship activities are also different from what is called traditional labor law. However, we should still refer to the provisions of overseas vocational training laws and treat intern vocational school students as special workers, enjoying the relevant rights that workers should have under the labor law.

(2) Incorporate the handling of personal injuries suffered by intern students into work-related injury insurance during the internship process. Since during the internship process, the intern students are actually under the control and management of the internship unit, the internship unit as the intern Providers of labor conditions for internship activities, organizers of internship labor, and recipients of labor results to a certain extent shall provide interns with labor safety and health conditions that comply with national regulations, and shall provide interns with labor safety and health conditions that are in compliance with national regulations, and shall be responsible for any conditions that interns receive during their internships. The employer bears the corresponding liability for personal injuries.

In order to avoid increasing the financial burden on the internship unit, you can refer to Article 61 of the "Trial Measures for Work-related Injury Insurance for Enterprise Employees" promulgated by the former Ministry of Labor in 1996: "College and technical secondary school students who intern at companies that participate in work-related injury insurance If students in colleges, technical schools, or vocational high schools suffer work-related injuries, they may refer to the relevant treatment standards in these Measures, and the local work-related injury insurance agency will issue a one-time benefit. The agency will not charge insurance fees from the relevant schools and enterprises. "Or by amending the current "Work-related Injury Insurance Regulations" to include intern students within the scope of application. For example, Germany's "Accident Insurance Act" stipulates that all wage laborers, public servants or apprentices are entitled to work-related accident insurance benefits [7]. The French Labor Code also makes similar provisions, which should be used for reference.

(3) Reasonably determine the labor remuneration that the internship unit should pay to the intern students. The U.S. Fair Labor Standards Act allows companies to pay labor remuneration below the minimum wage to five categories of personnel, including interns. The wage level for interns is set at 75% of the prevailing minimum wage, or $3.86 per hour [8]. In addition, in the United States, the minimum wage exemption system is also applicable to apprentices who are over 16 years old, registered in apprenticeship training programs and employed in skilled trades, but qualified apprentices must be able to receive a salary that is no less than ordinary wages stipulated in the Fair Labor Standards Act. Minimum wage entry level wage. Full-time students employed in retail or service business establishments, the agricultural sector or establishments requiring higher expertise may receive a salary of not less than 85% of the prevailing minimum wage. The "French Labor Code" stipulates that apprentices can receive wages, and the amount of wages is based on the percentage that should be increased to the minimum wage in each industry and changes according to the age of the person receiving the wages. It is determined by decree and is determined once a year. The opinion of the National Council for Employment, Social Development and Vocational Training must be heard before determining the amount of wages for apprentices. The Labor Administration Department of Wuxi City, Jiangsu Province stipulates that enterprises should provide appropriate living allowances to intern students, the standard being no less than 50% of the local minimum wage for hourly employees, and the enterprise shall pay the intern students directly in the form of currency [9].

(4) Prevent the excessive use of vocational school student internships from improper substitution of internal workers in the enterprise. In the United States, when hiring interns, the employer must apply for a special license from the labor authority, and the special license must It is specifically applied for by the employer for each intern. Generally, the use of internships will only apply if the employment does not displace regular employees, "does not create the potential to reduce the number of full-time employment opportunities," and the number of interns represents a small portion of the total number of employees. Only special permission for students will be approved[10]. The "Internship Opinions on Regulating the Acceptance of Students from Secondary Vocational Schools by Employers" formulated by the Suzhou Municipal People's Government Office in 2005 stipulates that the total number of interns accepted by an internship unit shall not exceed 5% of the total number of employees of the unit. The internship period of the same batch of intern students Generally it should not exceed 6 months and should be affirmed.

(5) Strengthen the supervision and management of student internship companies. Employers that accept internships from vocational school students should submit copies of the qualification certificates of the schools where the intern students are located, internship agreements, student rosters and other materials to the local labor security The administrative department must register and register, and only after review and registration can internship activities be carried out within the enterprise. In addition to reviewing the qualifications of the school where the intern is located, the age of the intern, and whether the content of the internship contract is legal and fair, the labor administration department should also review the qualifications of the intern company and the necessity of using intern students.

Employers that violate the provisions of the internship agreement and infringe upon the legitimate rights and interests of intern students should be deprived of their qualifications to use intern students.

(6) The internship work that students engage in in the enterprise should be consistent with or similar to the professional skills and educational content they studied in school. The internship unit should provide labor safety and health conditions that comply with national regulations. "Underage Workers" "Special Protection Regulations" stipulates the scope of hazardous labor that minor workers are prohibited from engaging in, and stipulates the scope of labor that minor workers with certain diseases or certain physiological defects are restricted from engaging in, as well as the health examination that should be conducted before taking up work. The regulations shall apply to students interning within enterprises. For interns working in toxic and harmful environments, labor protection equipment and nutritional subsidies should be provided in strict accordance with relevant national regulations, and training and learning of safety protection knowledge and job operating procedures for interns before taking up their posts should be strengthened, and safety protection measures should be implemented. Prevent casualties from occurring.

(7) Reasonably arrange the working time of intern students. Enterprises should strictly abide by the provisions of the labor law and arrange the working time of intern students. The working time of intern students should not exceed 8 hours a day and the working time should not exceed 40 hours a week. The working time of intern students should be allocated to no more than 40 hours. Have the right to take breaks during public holidays and legal holidays. Unless necessary, intern students shall not be arranged to engage in night shift internship work or overtime work. In addition, there should be restrictions on the period of internship for intern students in enterprises. For example, it is stipulated that students' internship time in enterprises should generally not exceed one semester.

References

[1] Ministry of Education, Ministry of Finance, China Insurance Regulatory Commission. Notice on the Implementation of Student Internship Liability Insurance in Secondary Vocational Schools [Z]. Teaching Professionals [2009]No. 13.