就业见习制度的困境及优化研究——以裁判文书为样本

On the Dilemma and Optimization of the Employment Internship System Based on Judicial Documents

就业见习制度对促进高校毕业生和青年人就业发挥积极作用,但通过裁判文书分析发现,该制度在实践中存在以下三个问题:法律关系性质不明,见习劳动者权益保障不足;程序规范性不足,监察执法缺失;见习岗位良莠不齐,合规性不足。其原因在于:制度定位存在分配就业之下转正定级见习与市场就业之下促进就业见习的冲突;见习制度体系内部存在政策文件与上位法不符,以及制度内容不统一的冲突;促进就业的制度目标与见习劳动者、见习单位的目标存在冲突。因此,应该遵循全部青年人群+就业困难群体分层适用、纳入劳动法+分层豁免以及全覆盖+透明、公平监管的原则,采取就业促进与就业帮扶相结合模式优化就业见习制度。

The employment internship system has played a positive role in promoting the employment of college graduates and young people.However,through the analysis of judicial documents,it is found that there are three problems with this system in practice:the nature of the legal relationship in this system is unclear,and there is insufficient protection of the rights and interests of internship workers;insufficient procedural standardization and lack of supervision and law enforcement;internship positions vary in quality and lack of compliance.There are conflicts in the positioning of the system between the transition to regular and graded internships under the distribution of employment and the promotion of employment internships under market employment,conflicts within the internship system that policy documents do not comply with the upper level laws,conflicts in the inconsistent content of the system,and conflicts between the goals of promoting employment by the system and those of interns and internship units.Therefore,it is necessary to follow the principles of layered application for all young people and employment disadvantaged groups,incorporation into labor laws but layered exemption and full coverage,transparent and fair regulation.Then adopt a combination of employment promotion and employment assistance to optimize the employment internship system.