美国保护有薪大学实习生权益的经验及其启示

Experience of Protecting the Rights of Paid University Interns in the United States and its Inspiration

美国保护有薪大学实习生权益按照不同的实习生类别而有所区分,即雇员类实习生和临时雇员类实习生权益不同。对于大部分有薪实习生而言,权益保护的核心在于保险权益和其他福利权益的保护。其中,保险权益又进一步区分为失业保险权益和职工赔偿保险权益。美国大部分州都要求雇主向有薪实习生提供失业保险,除非该类实习生被认定为独立合约人。对于职工赔偿保险,美国法律规定公司须向有薪实习生提供此类保险。对于公司的福利计划,美国并无法律强制公司必须将有薪实习生纳入其中,但对于雇员类有薪实习生,一旦公司将其排除在福利计划之外,必须出具证据证明其无歧视此类有薪实习生的行为。

The United States protects the interests of paid university internship and distinguishes different types of interns, namely employee interns and temporary employee interns. For most paid interns, the center of protection of rights lies in the protection of insurance rights and other welfare interests. Of these, insurance rights are further divided into unemployment insurance rights and employee compensation insurance rights. Most states in the United States require employers to provide unemployment insurance to paid interns unless such interns are identified as independent contractors. For employee compensation insurance, the US law requires companies to provide such insurance to paid interns. However, as regards the company's welfare program, no US law forces a company to include paid interns. But for paid employee interns, companies must produce evidence that they have no behavior of discriminating such paid interns once the company excludes them from the benefit plan.