论大学实习生劳动关系的认定——以大学实习生因工受伤的救济为视角

Study on the Cognizance of Labor Relations of College Interns——From the Perspective of the Relief of College Interns Injuries Caused by Work

我国高校实习生情况复杂多样,对因工受伤的实习生,一味肯定或者否定甚至回避实习生与实习单位之间的劳动关系容易造成实习单位与实习生之间的利益失衡,因此对二者之间是否存在劳动关系的认定应当具体问题具体分析,不能因为实习生的学生身份而否认其劳动者资格。若实习生与实习单位之间满足劳动关系所要求的人格从属性和经济从属性,则因工受伤的实习生得以主张工伤保险救济。另外,就实习生与实习单位之间劳动关系的认定,可以参照实习内容、实习生的替代性、实习时间的长短等标准具体认定。

The situation of college interns is complex and diverse in our country. Blindly affirming,negating or even evading the labor relationship between the interns and the internship units can easily result in an interest imbalance between the internship units and interns. Therefore, it should be specifically analyzed to determine whether there is a labor relationship between the two parties. Interns cannot be denied labourers qualifications because of their student status. If the interns and internships units satisfy the personality and economic subordination required by the labor relationship, they shall be deemed to constitude the labor relationship, and the interns who suffered work-related injuries may claim relief from the work-related injury insurance. In addition, the identification of labor relations between them can be specifically identified by reference to the content of internships, the substitution of the interns and the length of internships.