The internship period is generally 90-180 days for the agreed working hours. However, it is also necessary to analyze the specific problems according to the specific circumstances of the individual and the organization.

So what does the internship mean?

Do you need to sign a labor contract during the internship?

1

Whether to sign a labor contract during the internship period?

A party to a labor contract must be a worker. Apprenticeship and internship do not belong to labor, and the Labor Contract Law is not applicable. So the relationship between the internship and the unit is not a labor contract, but a student intern. You should wait until you graduate before you can conclude a formal labor contract relationship with the unit.

（劳动合同的一方当事人必须是劳动者。学徒和实习不属于劳动，不适用劳动合同法。所以实习期间和单位之间不是劳动合同关系，现在还是学生的实习者，要等你毕业后才能和单位缔结正式的劳动合同关系）

i. Differences among apprentices, interns and probationers:

1. Probationers need certificates of qualification. Apprentices and interns do not need certificates of qualification. Only through apprenticeships and internships can they obtain certificates of qualification.

2. The probationers need to complete the production tasks independently. The apprentices and interns can not operate independently, but only under the guidance of the teachers. The quality of the work accomplished is the responsibility of the teachers, and the quantity of the work accomplished belongs to the workload of the teachers.

3. The probation period for workers is from one month to six months, and the apprenticeship and internship period are from a month up to three years. (Depends on situation & industry)

4. Labor remuneration for probationary workers shall be 80% of the wages of the same type of work and shall not be lower than the local minimum wage standard. Apprenticeships and internships are not paid, or they only pay a moderate amount of living expenses.

5. The probationary workers belong to the scope of the adjustment of the Labor Contract Law, while the apprenticeship and practice belong to the scope of the adjustment of the Vocational Education Law.

ii.  Legal characteristics of apprentices and interns:

1. Apprenticeship and internship do not belong to labor relations, but to vocational training relations. Only when the period of apprenticeship and internship expires and the employer's employment conditions are met, and both sides sign labor contracts on the principle of equality, voluntariness and consensus, can labor relations be established.

2. The purpose of establishing apprenticeship-internship relationship is to establish formal labor relationship. Whether trainees can meet the expected training requirements is the main basis to determine whether they can establish labor relations.

Apprenticeship is a traditional vocational training method. In the past, all kinds of professionals and technicians learned knowledge and skills through apprenticeship. Not only woodworkers, bricklayers, electricians, turners, fitters, milling and welders need apprenticeships, but also many well-known veteran Chinese medicine, theatre performing artists, painters and designers have no academic qualifications and only apprenticeship experience. Now in theatre, music and art circles, martial arts, we still have to hold a ceremony of worship. The relationship between teachers and apprentices is very important, not to mention whose apprentices, the industry does not recognize his status.

After the founding of New China, apprenticeship is still the main way of Vocational training. The Vocational Education Law of the People's Republic of China, promulgated in 1996, defines six ways of Vocational education.

（新中国成立后，学徒仍然是职业培训的主要途径。1996年出台的《中华人民共和国职教育法》确定了六种职业教育方式）

1. Apprenticeship training.

2. School training (including technical schools, vocational secondary schools and adult education).

3. Training in Employment Training Center (for the unemployed).

4. Private schools.

5. Labor preparation system.

6. Staff education (including pre-employment training and part-time training and off-job training for on-the-job workers). It can be seen that apprenticeship is a way of Vocational education.

2

What does the internship mean?

The internship period refers to a period in which students fully combine their theoretical knowledge and participate in social practice so as to fully improve their comprehensive quality and work adaptability. It can help students find a suitable career in the future or familiarize themselves with the basic situation of the employing units in advance and give them the opportunity to know each other.

Internship also refers to the stage of practice and learning to achieve the desired goal in order to achieve a certain practical effect or skill, but not very familiar with or skilled.

The internship period is usually 90 to 180 days, but it varies according to the individual's internship situation or the different organization of the unit. Especially in the medical industry, the internship period is at least half a year, sometimes longer than one and a half years.

Regarding internship, Article 12 of the Opinions of the Ministry of Labor on Several Questions Concerning the Implementation of the Labor Law stipulates that the use of spare time to work and study in schools is not regarded as employment and labor relations have not been established, and labor contracts may not be signed.

Students who have injuries during their internship do not belong to work-related injuries and cannot enjoy the benefits of work-related injury insurance. However, they can claim their rights from the employer through the employment relationship or from the school based on the relevant agreements of the internship contract with the employer.

The internship period is only applicable to students in school. In order to avoid the restriction of insurance or minimum wage, some employers intentionally sign internship agreements with non-school students who meet the qualifications of workers, which is illegal and invalid. In fact, even if an internship agreement is signed, there are factual labor relations between employers and non-students.

As an employing unit, it should sign an internship agreement with the interns or a tripartite agreement with the interns and the school where the interns are located to clarify the details of the interns' internship time, working hours, internship fees and internship content. At the same time, employers can purchase commercial insurance for interns to avoid economic compensation disputes caused by work-related injuries.

During the internship period, interns should work hard and pay attention to practice. There are some special types of work that require not only professional knowledge, but also practical skills. Employment in related professions requires both school training and apprenticeship training. Only after the completion of both training can one obtain a job certificate.

3

Is there a visa for internship?

The only legal way to have internship is:

1) You are a student enrolled at a local university.

2) Get the university official approval for your internship.

3) Get the company internship official offer.

4) Take the university and company papers with your passport to the Public Security Bureau, so that your visa is marked to allow an internship.

Such internship does not count toward one’s two years of work experience for a work visa.

The university is required by law to submit records of attendance and grades to the government, and so future student visas may not be issued for tardy students.

CONTRIBUTOR

Prince Jatin

Jatin (known by the nickname "Prince Jatin") (WeChat ID: jatinsoni) is a Multicloud DevOps Engineer working in Shanghai. He has been living in China for over eight years and owns three Indian community WeChat groups known for "Helping Indians" with their specific inquiries.

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