Hello! I am a teacher in Lushan County. After graduating from the normal school, he received the teacher qualification certificate issued by the Henan Provincial Department of Education in November

Hello! I am a teacher in Lushan County. After graduating from the normal school, he received the teacher qualification certificate issued by the Henan Provincial Department of Education in November 2003. 20

Q: Hello! I am a teacher in Lushan County. After graduating from the normal school, he received the teacher qualification certificate issued by the Henan Provincial Department of Education in November 2003. In September 2005, our county openly recruited a group of teachers. I took the teaching recruitment exam and successfully passed it, and was hired as a substitute teacher by our county. Our group of teachers totaled 161. At that time, the relevant county departments stipulated that our internship period was one year and our monthly salary was 400 yuan. After the internship period, we were officially paid according to professional and technical positions. In 2005, the county charged us more than 180 yuan, saying it was for grading. Later, the county government issued us the "Henan Province Professional and Technical Personnel Qualification Certificate." The evaluation time for this certificate was October 2006, and the qualification was "Primary School One" Level Teacher"; on January 1, 2007, the town education office issued us the "Henan Province Professional and Technical Personnel Appointment Certificate", and the appointment period was from January 1, 2007 to August 31, 2010. However, although during the appointment period, we also had all the conditions of a professional educator, we did not get the rights we should enjoy. It has been two years and nearly six months since teaching, but we every The monthly salary is still only 400 yuan, which is paid every two months. I sincerely ask the lawyers, how can we seek an explanation for ourselves through the law? Hello! I am a teacher in Lushan County. After graduating from the normal school, he received the teacher qualification certificate issued by the Henan Provincial Department of Education in November 2003. In September 2005, our county openly recruited a group of teachers. I took the teaching recruitment exam and successfully passed it, and was hired as a substitute teacher by our county. Our group of teachers totaled 161. At that time, the relevant county departments stipulated that our internship period was one year and our monthly salary was 400 yuan. After the internship period, we were officially paid according to professional and technical positions. In 2005, the county charged us more than 180 yuan, saying it was for grading. Later, the county government issued us the "Henan Province Professional and Technical Personnel Qualification Certificate." The evaluation time for this certificate was October 2006, and the qualification was "Primary School One" Level Teacher"; on January 1, 2007, the town education office issued us the "Henan Province Professional and Technical Personnel Appointment Certificate", and the appointment period was from January 1, 2007 to August 31, 2010. However, although we also have all the conditions of a professional educator during the appointment period, we have not received the rights we should enjoy. It has been two years and nearly six months since teaching, but we every The monthly salary is still only 400 yuan, which is paid every two months. I sincerely ask the lawyers, how can we seek an explanation for ourselves through the law?

Answer: Juntong Legal Online Consulting will give you the answer

Generally, there is no minimum wage standard during the internship period. The Labor Contract Law does not stipulate the internship period, only the probation period. my country's labor law stipulates that the employer shall issue a certificate of rescission or termination of the labor contract when rescinding or terminating the labor contract, and handle the file and social insurance relationship transfer procedures for the employee within 15 days. Workers should handle work handover in accordance with the agreement between the parties. If the employer shall pay economic compensation to the employee in accordance with regulations, it shall pay it when the work handover is completed. If the labor contract relationship is terminated between the employee and the employer, the employer shall issue to the employee a certificate of termination of the labor contract or a certificate of termination of the labor contract in accordance with the law on the day when the employee completes the resignation procedures. , but not during the internship period, and the salary during the internship period is not subject to the minimum wage standard. Theoretically speaking, it is an integral part of teaching for college students to go to the employer for internship. It is a training internship and cannot be regarded as an employment behavior. There is no labor relationship between the intern and the employer, and the employer does not need to pay labor remuneration in accordance with the minimum wage standard. In other words, the internship salary is determined by negotiation between the two parties and does not fall within the scope of application of labor law or labor contract law.