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Is it illegal to accept apprentices privately?
The process of private apprenticeship is as follows:
1. Apprenticeship recruitment: Private apprentices need to determine their training needs first, and then recruit apprentices through recruitment websites, social media, job advertisements and other channels, and inform apprentices of the training content, time, place, salary and other information;
2. Confirm the apprentice's identity: private apprentices need to verify the apprentice's identity information, including student ID card and ID card, to ensure the legitimacy of the apprentice and abide by relevant national laws and regulations;
3. Signing a training agreement: private apprentices need to sign a training agreement with apprentices to clarify the training content, time, place, salary, insurance, responsibilities and other issues, as well as the liability for breach of contract;
4. Make a training plan: private teachers need to make a detailed training plan, including training content, time, methods and standards, to ensure that apprentices can get systematic, comprehensive and practical training;
5. Training: Private instructors need to be trained according to the training plan, including theoretical teaching, practical operation and vocational guidance. And adjust and improve according to the actual situation of the apprentice;
6. Assessment: Private apprentices need to assess the apprentices, evaluate them according to the training contents and standards, and confirm the training effect and ability level of the apprentices;
7. Certificate issuance: Private apprentices need to issue corresponding certificates or certificates to their apprentices after they have completed the training tasks and passed the examination, so as to affirm their training achievements and professional abilities and help them improve their professional competitiveness.
The correct measures for private apprentices are as follows:
1. Ensure safety: Private apprentices need to ensure a safe environment to avoid harm to apprentices due to safety problems. Safety precautions should be taken to ensure the personal safety of apprentices;
2. Confirm the apprentice's identity: Private apprentices need to verify the apprentice's identity information, ensure the apprentice's legitimacy, and abide by relevant national laws and regulations, such as the Law on the Protection of Minors;
3. Abide by the labor law: private apprentices need to abide by the relevant provisions of the labor law, provide legal working environment and working conditions for apprentices, and protect their rights and interests;
4. Make a training plan: private teachers need to make a detailed training plan, clarify the training content, time, methods and standards, and ensure that apprentices can get systematic, comprehensive and practical training;
5. Pay attention to the mental health of apprentices: private teachers need to pay attention to the mental health of apprentices, help apprentices solve problems, and avoid psychological problems caused by training pressure or other reasons;
6. Providing career guidance: Private apprentices need to provide career guidance to help apprentices understand industry trends and employment prospects, and improve their professional quality and employability.
To sum up, it is legal to allow private apprentices to collect tuition fees if both parties voluntarily, otherwise it is illegal.
Legal basis:
Article 5 of the Civil Code of People's Republic of China (PRC)
Civil subjects engaged in civil activities should follow the principle of voluntariness and establish, change and terminate civil legal relations according to their own wishes.
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