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Can students pay five insurances and one gold?
Five insurances and one gold refer to basic old-age insurance, basic medical insurance, unemployment insurance, work injury insurance, maternity insurance and housing accumulation fund for employees. These insurance and provident fund contributions are usually shared by employers and employees. During the internship, if you are a student, there is no five insurances and one gold. Students can't sign labor contracts, they don't have the subject qualification stipulated by laws and regulations, and the relationship between students and enterprises belongs to internship, not labor relations. Practice is one of the learning contents stipulated in the syllabus. You don't have to sign a labor contract or pay social insurance, but you don't attend work during the internship and don't bear the labor quota of the enterprise. Once an intern obtains a diploma, the employer must sign a labor contract with the employee as required and start to pay social security.
If the intern is not a student, the employee and the employer should sign a labor contract according to the legal requirements, and the employee can enjoy five insurances and one gold. At this time, the internship period is actually the probation period.
Whether there is a labor relationship between workers and employers needs to be considered from the following aspects:
1, the employer and the employee meet the subject qualifications stipulated by laws and regulations;
2. Workers accept the labor management of the employer and engage in paid labor arranged by the employer, and the labor rules and regulations formulated by the employer according to law shall apply;
3. The labor provided by laborers is an integral part of the employer's business.
To sum up, it is impossible for college students who have not graduated to establish labor relations with their units, and they can sign labor contracts in advance, but the contracts should start from the graduation time. Before graduation, the unit can't pay employees five insurances and one gold.
Legal basis:
Labor law of the people's Republic of China
Article 15
Employers are prohibited from recruiting/kloc-minors under the age of 0/6. Units of literature, art, sports and special arts and crafts that recruit minors under the age of 16 must go through the examination and approval procedures in accordance with the relevant provisions of the state and guarantee their right to receive compulsory education.
Article 12
Students who take part-time jobs and study in their spare time are not regarded as employment, and they may not sign labor contracts without establishing labor relations.
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