What Does a Consultant Trainee Do?
The Regulations of Guangdong Province Colleges and Universities on Student Internship and Graduate Employment Probation were approved on January 22, 2010, at the 16th meeting of the Standing Committee of the Eleventh People's Congress of Guangdong Province, and announced on January 22, 2010. From implementation.
Regulations of Guangdong Province on internships and graduate employment training for colleges and universities
- Guangdong Province
- General
- Article 1 In order to improve students' practical ability, employability and innovation ability, improve talent training mechanism, and promote graduate employment, according to the Education Law of the People's Republic of China, the Higher Education Law of the People's Republic of China, and the Vocational Education Law of the People's Republic of China And other laws and regulations, combined with the actual conditions of the province, formulated these regulations.
- Article 2 These Regulations apply to the internships of students of higher schools within the administrative region of the province and the employment training of graduates of higher schools with permanent residence in the province.
- The internship referred to in these regulations refers to the colleges and universities in accordance with the professional training goals and teaching plans, to organize students to state agencies, enterprises and institutions, social groups and other social organizations to carry out professional teaching activities related to the major.
- Graduate employment trainees (hereinafter referred to as trainees) referred to in these Regulations refer to the employment of graduates who have not been employed within one year after graduation from people's governments or people's organizations at all levels to state agencies, enterprises, institutions, social organizations and other social organizations Adaptive training.
- The internships of secondary vocational schools and technical school students in the administrative region of the province for internships and the employment training of secondary vocational school and technical school graduates with permanent residence in the province shall be implemented in accordance with these regulations.
- Article 3. Student internships adhere to the principles of school organization, government support, and social participation.
- The trainees adhere to the principles of individual voluntary participation, government support and social participation.
- Article 4 The competent departments of education, human resources and social security of people's governments at or above the county level shall be responsible for the guidance, coordination and supervision of student internship work in accordance with their respective duties.
- The departments of finance, health, work safety supervision, industry and commerce, and taxation shall, in accordance with their respective duties, do a good job of student internship.
- Article 5 The people's governments at or above the county level shall make overall plans for the apprenticeship work, strengthen the apprenticeship guidance and coordination, and promote graduates to improve their employability.
- Human resources and social security, education, finance and other departments should do a good job in apprenticeship in accordance with their respective duties.
- Trade unions, communist youth leagues, women's federations and other social organizations assist the people's government and its relevant departments in apprenticeship work.
- Article 6 The people's governments at or above the county level shall formulate preferential policies to encourage all kinds of enterprises, institutions, social groups and other social organizations to accept student internships and graduate traineeships, and to recruit, train and reserve talents for the sustainable development of the local economy and society.
- Organization and security
- Article 7: Schools shall conscientiously perform the organizational responsibilities of student internships in accordance with the characteristics of their majors and training objectives, and improve their practical, creative, employable, and entrepreneurial abilities.
- Article 8 Ensuring student internship is the common responsibility of the whole society.
- State organs, state-owned and state-holding enterprises, publicly funded institutions, and social organizations should receive student internships in accordance with a certain proportion of in-service employees, and the specific proportion shall be determined by the prefecture-level listed government.
- Other enterprises, institutions, social groups and social organizations shall provide help and convenience for student internship activities organized by the school.
- Article 9 Schools and state agencies, enterprises, institutions and social organizations shall construct internship bases in accordance with the principles of voluntary consultation, complementary advantages, and benefit sharing to facilitate student internships.
- Article 10 Industry organizations shall guide and encourage enterprises and institutions in their industry to cooperate with schools, and leverage industry resources, technology and information advantages to promote joint construction of internship bases and cooperation projects.
- Article 11 Schools shall arrange special funds for student internships in accordance with regulations.
- Article 12 The people's governments at or above the county level and their human resources and social security authorities shall timely grasp the employment situation of local graduates, and systematically organize graduates who have not been employed within one year after graduation to participate in apprenticeships and expand employment opportunities.
- Article 13: People's governments at or above the county level may determine units that meet the following conditions as trainee bases as needed:
- (1) Have a strong sense of social responsibility and standardized management;
- (2) Provide a certain number of trainee positions voluntarily and continuously;
- (3) The trainee positions provided have certain technical content and business content, which can ensure that graduates can improve their skills and work ability.
- The people's government at or above the county level should consider the industry distribution of the unit, prioritize the advantageous industries that are important for local development, and at the same time attract enterprises and institutions from different industries to meet the needs of the trainee.
- Article 14 Industry organizations shall guide and encourage enterprises and institutions in their industry to actively provide probationary positions.
- Article 15 The people's governments at or above the county level shall strengthen inspection and guidance of the apprenticeship bases, and promptly resolve difficulties and problems encountered in the apprenticeship work.
- Where a probation unit fails to perform its apprenticeship management duties in accordance with the law, the people's government at or above the county level shall cancel its qualification as a probation base.
- Article 16 Schools shall strengthen the promotion of apprenticeship policies, and make apprenticeships an important part of employment guidance.
- Article 17 The media such as newspapers, periodicals, radio, television, and the Internet shall widely publicize the apprenticeship system and the experience and practices of enterprises and institutions in conducting apprenticeships, forming a good atmosphere that is generally concerned by the society and that all parties participate together.
- Practice Standards and Management
- Article 18 Student internships are generally organized by the school. If a student requests to contact the internship unit by himself, the school must agree to it. Schools shall arrange internships to instruct teachers to master the internships, and to conduct unified management and assessment.
- Article 19 The school organizes students to practice in the internship base. The school, the internship base and the internship student shall sign a tripartite internship agreement to clarify the rights, obligations and responsibilities of each party.
- The internship agreement should include the following main content:
- (1) the name, address, legal representative or principal in charge of the school and the internship unit, the name, address and registered student number of the intern student;
- (2) The duration of the internship meeting the requirements of the syllabus;
- (3) Internship methods, contents and positions;
- (4) Conditions for termination of internship;
- (5) liability for breach of contract;
- (6) Ways to settle disputes.
- The internship agreement may, according to the nature and needs of the internship, agree on other matters such as the insurer of accidental injury insurance, the amount of insurance, damages, internship compensation, confidentiality and so on.
- Where other internship units receive student internships, they may sign tripartite internship agreements with schools and students with reference to the provisions of paragraphs 2 and 3 of this article to clarify the rights and obligations of each party.
- Article 20 The school shall perform the following duties in student internship work:
- (1) Establishing and improving internship management systems;
- (2) to formulate internship plans in accordance with the professional training goals and syllabus;
- (3) Contacting and reasonably arranging internship units;
- (4) to arrange internship instructors who have a strong sense of responsibility and have some experience;
- (5) Education of safety and discipline for students;
- (6) Check the students' internship and coordinate and deal with related issues in time;
- (7) Establishing student internship management files;
- (8) Other matters stipulated by laws and regulations or agreed in the internship agreement.
- Article 21 An internship unit shall perform the following duties:
- (1) Do a good job in the management of intern students in the unit;
- (2) Providing suitable internship positions, necessary internship conditions and a safe and healthy internship environment;
- (3) selecting experienced internship instructors according to internship requirements;
- (4) Safety training and skills training for students;
- (5) feedback the students' internship to the school;
- (6) Other matters stipulated by laws and regulations or agreed in the internship agreement.
- Article 22 Schools and internship units must not commit the following acts:
- (1) Arrange post placement internships for students under the age of 16;
- (2) Arrange students to practice in night clubs, singing halls, bathing centers and other places;
- (3) Arranging students to engage in highly toxic, flammable and explosive, fourth-level manual labor intensity as required by the state, and other labor with hidden safety hazards, except those necessary to complete the student's internship in the major;
- (4) Arranging students for internships in positions requiring corresponding professional qualifications;
- (5) Arranging student weekly internships for more than 40 hours;
- (6) to entrust intermediary agencies or individuals to organize and manage internships on their behalf;
- (7) Other behaviors that affect the physical safety and physical and mental health of the intern students.
- Article 23 If an internship unit accepts a student for internship, the number of students receiving internship in the current period shall not exceed 30% of the total number of in-service employees in the unit.
- Article 24 Schools shall organize student internships and shall not collect fees from interns in violation of regulations.
- Article 25 The internship instructor shall strengthen the connection with the internship unit, and do a good job of student internship guidance, education and management according to the internship plan and the specific conditions of the internship unit.
- Article 26 The internship unit shall reasonably arrange the work of the internship instructor to ensure the time for the internship instructor to guide the student internship.
- The internship instructor shall guide the students' internship according to the internship plan and internship agreement.
- Article 27 Students shall perform internships in accordance with the requirements of schools and internship units, and accept the management and assessment of schools and internship units.
- Students shall respect the internship instructors and internship instructors, abide by the rules and regulations of the internship unit and labor discipline, and keep the secrets of the internship unit.
- Article 28 During the internship of a student, the internship unit shall pay the student internship remuneration according to a certain percentage of the salaries of employees at the same post. The specific proportion shall be determined by the people's government at the prefecture level based on the local actual situation.
- For non-top-post internship students, schools, internship units and students may agree to provide internship subsidies in the internship agreement.
- Internship units and schools shall pay internship remuneration and internship subsidies to students in full and on time in accordance with regulations or agreements, and shall not default or deduct them.
- Article 29 The insured as determined in the internship agreement shall promptly obtain relevant insurance such as accidental injury insurance for students.
- Article 30 At the end of the internship, the internship unit shall issue an internship appraisal based on the performance assessment and assessment results of the students during the internship.
- Trainee Regulation and Management
- Article 31 The competent human resources and social security authorities of the people's governments at or above the county level are specifically responsible for the organization and management of trainees, and establish and improve relevant systems.
- Article 32 State organs, enterprises, institutions, social organizations and other social organizations shall actively create conditions, provide apprenticeship positions, and submit information on apprenticeship positions to the human resources and social security authorities of people's governments at or above the county level.
- Article 33 If graduates of permanent residence in this province fail to find employment within one year after graduation, they may voluntarily participate in apprenticeships organized by the municipal or county people's government or people's organizations where their permanent residence is located.
- People's governments at all levels can recruit graduates from non-local permanent resident accounts to participate in traineeships to improve the structure of the local talent team according to the needs of talent introduction in the region. The preferential policies for non-local permanent resident registered graduates to participate in apprenticeships are formulated by the prefecture-level listed government.
- Article 34 The trainee unit shall sign a trainee agreement with the graduates in accordance with the principles of equality, voluntariness and consensus.
- The probation agreement should include the following main contents:
- (1) the name, address, legal representative or main person in charge of the trainee unit, the name, address, and graduate school of the graduate;
- (2) Duration of probation;
- (3) Trainee plan arrangement;
- (4) post responsibilities;
- (5) Trainee benefits;
- (6) Rights and obligations of trainees and trainees;
- (7) Conditions for termination of the trainee agreement;
- (8) liability for breach of contract;
- (9) Ways to settle disputes.
- Article 35 The probation period is generally three months to six months, and the longest is not more than twelve months.
- Article 36 The trainee unit shall perform the following duties:
- (1) Provide suitable trainee positions, necessary trainee conditions and safe and healthy trainee environment;
- (2) Equipped with facilities, equipment and trainees for relevant job training positions;
- (3) Safety training and skills training for trainees;
- (4) Other matters agreed in the trainee agreement.
- Article 37 The trainee unit must not commit the following acts:
- (1) Arranging trainees to engage in highly toxic, flammable and explosive, fourth-level physical labor intensity as required by the state, and other labor with hidden safety hazards;
- (2) Arranging the trainees to work more than 40 hours per week without the trainees' consent;
- (3) Other behaviors affecting the personal safety and physical and mental health of the trainees.
- Article 38 The number of trainees receiving trainees in the current period shall not exceed 30% of the total number of employees in the unit.
- Article 39 Trainees shall abide by the rules and regulations of the trainee unit and labor discipline, obey the management of the trainee instructor, and keep the secrets of the trainee unit.
- Article 40 The trainee unit shall provide trainees with a monthly living allowance of not less than 80% of the local minimum wage.
- After the probation unit pays the living allowance, the people's government where the probation unit is located shall implement the relevant provisions of the provincial people s government and grant subsidies to the probation unit. The specific amount of subsidy shall be determined by the listed people s government at the prefecture level according to the local actual situation.
- Article 41 Trainees can participate in the basic medical insurance for urban residents at the location of the probation base. The standards for personal payment and government subsidies are implemented in accordance with the corresponding standards for local students participating in the basic medical insurance for urban residents, and enjoy corresponding treatment.
- Trainee units shall purchase personal injury accident insurance for trainees.
- Article 42: Talent service agencies and public employment service agencies affiliated to the government shall promptly organize and carry out two-way selection activities of trainee units and graduates. Where trainees request to host personnel files, they shall provide free personnel file hosting services.
- Apprentices who have implemented employment units during the apprenticeship can go through employment dispatch procedures at any time.
- Article 43 When a trainee expires, the trainee unit shall conduct appraisal and issue a trainee certificate.
- Article 44 Trainees are encouraged to give priority to trainees.
- Where a trainee is formally hired by a trainee unit during or after the traineeship period, the trainee unit shall sign a labor contract with it in a timely manner.
- Article 45 For graduates who have not achieved employment after the probationary period has expired, employment guidance and recommendation for employment shall be continued by the government-owned talent intermediary service agencies, public employment service agencies, and school graduate employment service agencies.
- If graduates have a desire to start a business, the government-owned talent intermediary service agency and public employment service agency should provide business development services such as project development, program design, risk assessment, business guidance, financing services, and tracking support.
- Support and reward
- Article 46 The education administrative department of the people's government at or above the county level shall, in conjunction with human resources and social security departments, use the existing information network resources to establish a public service information platform for student internships, and promptly announce the internship positions provided by relevant units and local schools in the current year. Student internship information, providing services to schools, internship units and internship students.
- The school shall report the number of student internships, major types, internship time, etc. of the next year to the provincial education, human resources and social security departments before the end of June of each year.
- State organs, enterprises, institutions, social organizations and other social organizations are encouraged to submit information that can provide internship positions to the education, human resources and social security departments of the people's governments at or above the county level.
- Article 47: People's governments at or above the county level establish a trainee information service platform to collect and publish trainee supply and demand information, and recommend graduates who intend to participate in traineeships to trainee in related positions; guide and encourage state agencies, enterprises and institutions, Social groups and other social organizations accept graduate traineeships.
- Article 48 People's governments at all levels shall, in accordance with the relevant national and provincial regulations, combine funds for internships, apprenticeships, and internship and apprenticeship goals, and arrange funds in the fiscal budget at this level for internship and apprenticeship instruction, training, and subsidies. Wait. Measures for the management of fund raising and use shall be formulated by the people's governments at all levels.
- Article 49 People's governments at all levels shall create conditions to provide funding for school-enterprise cooperation projects such as the establishment of internship bases, cooperative construction of laboratories or production workshops.
- Article 50 In addition to the subsidies provided in Article 40 of these regulations, local people's governments with conditions may grant certain subsidies to trainee bases.
- Article 51 Departments of development and reform, economics and informatization, and agriculture shall guide and encourage the establishment of internship bases and apprenticeship bases, and give priority support to key base projects related to promoting local economic and social development.
- Article 52 The administrative department of science and technology shall give priority to funding support for scientific research and technological development in internship bases and apprenticeship bases with a good combination of production, teaching and scientific research.
- Article 53 Where an enterprise accepts internships, apprenticeships, and apprenticeships for students and graduates, it shall be given preferential taxation in accordance with state regulations.
- Reduction and exemption of relevant administrative and institutional fees for internship bases and apprenticeship bases according to law.
- legal liability
- Article 54 If a school commits one of the following acts, the administrative department of education shall issue a warning or order to make corrections. If the school refuses to make corrections or causes major losses due to work errors, it shall impose sanctions on the directly responsible supervisors and other directly responsible persons ;Constitute a crime, be held criminally responsible:
- (1) failing to arrange or appropriate appropriation funds for internships;
- (2) Arranging post-training internships for students under the age of 16;
- (3) Arranging students for internships in night clubs, singing halls, bathing centers and other places;
- (4) Arrears or deductions of student internship subsidies;
- (5) Failure to purchase accidental injury insurance for students in accordance with the agreement;
- (6) Where the internship unit is found to have violated the provisions of these regulations and infringed upon the rights and interests of students, and failed to take effective measures to stop it in time;
- (7) Other acts that affect student internships or infringe upon students' legal rights and interests.
- Article 55 If the internship or apprenticeship unit has any of the following behaviors, the human resources and social security departments shall issue warnings, order corrections, and hold the relevant personnel accountable according to law:
- (1) Failure to provide necessary internships, internship conditions, and safe and healthy internships and internship environments for intern students and trainees;
- (2) illegal arrangement of internship students and trainees overtime internships and traineeships;
- (3) Withholding or arrears the remuneration, subsidies or subsidies of intern students and trainees;
- (4) failing to purchase accidental injury insurance for interns and trainees as agreed or required;
- (5) Other acts that infringe on the lawful rights and interests of interns and trainees.
- Article 56 If an internship or apprenticeship unit commits one of the following acts, the human resources and social security department shall order it to be corrected, and a fine of 1,000 yuan per person shall be imposed according to the number of internship students and apprenticeships:
- (1) Accepting post-training internships for students under the age of 16;
- (2) Arranging students for internships in night clubs, singing halls, bathing centers and other places;
- (3) illegally arranging intern students and trainees to engage in highly toxic, flammable and explosive, the fourth-level physical labor intensity required by the state, and other labor with hidden safety hazards;
- (4) The number of current internship students and trainees accepted in the current period exceeds 30% of the total number of employees in the unit.
- Article 57 If a school entrusts an intermediary agency or individual to organize and manage internships on its behalf, the administrative department in charge of education shall order corrections and impose a fine of 1,000 yuan per person according to the number of internship students.
- Article 58 If a school or an internship unit commits any of the acts listed in Articles 54, 55, and 56 of these Regulations, the student shall be returned to the place of the school except for punishment by the relevant department according to law. And bear the required costs.
- Article 59 Any internship instructor who fails to perform the duties of guidance, education and management in accordance with the provisions of these regulations shall be dealt with by the school in accordance with relevant regulations; if serious consequences are caused, legal liability shall be investigated in accordance with the law.
- Article 60 If an internship unit has violated the provisions of these Regulations, the internship students shall report to the school. Schools should coordinate and handle related issues in a timely manner.
- Schools, internship units, and apprenticeship units that violate the provisions of these regulations or the internship and apprenticeship agreements and cause damage to internship students and trainees shall be liable for compensation in accordance with law.
- Article 61 If an intern student or trainee seriously violates the rules and regulations of the unit during the internship or trainee period, the internship or trainee unit may terminate its internship or traineeship in the unit.
- Article 62 If a unit or individual violates the provisions of these Regulations, falsifies or defrauds government subsidies, subsidies, or subsidies, the relevant administrative department shall recover the subsidies, subsidies, or subsidies that have been issued, and shall cancel its receipt of relevant subsidies, subsidies, or Eligibility for subsidies; if a crime is constituted, criminal responsibility shall be investigated according to law.
- Article 63 If the education, human resources and social security departments, other relevant departments and their staff violate the provisions of these Regulations and neglect their duties, abuse their powers, or engage in malpractices in internships or apprenticeships, the higher authorities or other competent authorities Order corrections, and punish those who are directly in charge and other persons who are directly responsible according to law; if a crime is constituted, criminal responsibility shall be investigated according to law.
- Supplementary clause
- Article 64 Students from schools outside the province who practice in the province's administrative area shall be administered in accordance with these regulations.
- Article 65 These Regulations shall become effective on March 1, 2010.
- Director, Deputy Directors, Secretary-General, Members:
- Entrusted by the Provincial People's Government, I now explain the "Regulations (Draft) on Student Internships and Graduate Internships of Higher Education Institutions in Guangdong Province" (hereinafter referred to as the "Regulations") as follows:
- I. The Necessity of Formulating the Regulations
- Student internships and graduate apprenticeships are the basic ways and means to deepen the theoretical knowledge of students and graduates, cultivate the professional application ability of students and graduates, and work ability and vocational skills that are suitable for future job requirements. They are important in talent training. Status and role.
- At present, our province has a total of 108 colleges and universities, 17 independent colleges, and 19 adult colleges. 1.216 million full-time college students in ordinary colleges and universities. The rapid expansion of the scale of higher education, the lack of student internship funding, and the lack of off-site internships have affected the quality of student internships to a certain extent, which has also affected the quality of talent training in our province and increased the employment pressure of college students.
- In order to promote student internships, in June 2007, the Ministry of Education and the Ministry of Finance jointly issued the "Administrative Measures for Secondary Vocational School Student Internships", which standardized the work of secondary vocational school student internships. However, at present, the state and province have no legislation on student internships in colleges and universities, and there is a lack of legal regulations for organizing student internships. It is difficult for students to protect their rights and interests during the internship process, which has caused widespread concern and strong response in society.
- In order to promote students to turn theoretical knowledge into practical abilities and help students move from learning to employment, the exploration in recent years has expanded from internships to apprenticeships, not only emphasizing the internships of students at school, but also adapting to the employment of students who have not left school yet Sex training was given full attention. In 2006, after the six ministries and commissions, including the Ministry of Personnel and the Ministry of Education, put forward the idea of establishing a graduate employment apprenticeship system for college graduates, various provinces in our province organized the exploration of youth vocational apprenticeships. This year (2010), the General Office of the State Council and the General Office of the Provincial Government on strengthening the employment of graduates of ordinary colleges and universities and the seven departments of the Ministry of Human Resources and Social Security regarding the three-year college graduate employment apprenticeship plan The apprenticeship of college graduates was deployed.
- We believe that in order to improve the comprehensive quality of college students, enrich their work experience, enhance their future employment competitiveness, and improve the personnel training mechanism, the practical experience of recent years and relevant national policies have been fixed in the form of law to enable students to practice It is very necessary for the work and graduate apprenticeship to have a legal basis.
- 2. The main basis for formulating the Regulations
- 1. Higher Education Law of the People's Republic of China
- 2. Education Law of the People's Republic of China
- 3. Vocational Education Law of the People's Republic of China
- 4. "Notice of the General Office of the State Council on Strengthening the Employment of Graduates from General Colleges and Universities" (Guobanfa [2009] No. 3)
- The main content of the Regulations
- There are seven chapters and sixty-four articles in the Regulations. The main contents are as follows:
- (I) Clarified the legislative purpose and scope of adjustment
- The first is the purpose of the legislation. That is to improve the students' practical ability, employability and innovation ability, improve the personnel training mechanism, and promote the employment of graduates. Second, the second article defines the scope of adjustment. Refers to the practical teaching activities related to the majors carried out by the students and the employment adaptive training conducted by graduates who have not yet achieved employment. Students' work-study programs are not included in this adjustment. At the same time, the application of internships for students in secondary vocational schools and schools outside the province is stipulated in Article 63. Third, the third article clarifies the basic principles and guidelines for internships and apprenticeships. In the field of internship, the organization responsibility of the school and the responsibility of the whole social security student internship were highlighted; in the field of traineeship, the principles of individual voluntary participation and government support were highlighted.
- (2) Organization and guarantee
- First, Article 6 makes it clear that guaranteeing student internships is the common responsibility of the entire society. It is stipulated that state organs, state-owned and state-holding enterprises, institutions and social organizations with financial appropriations shall accept student internships in accordance with a certain proportion of in-service employees. The second is to regulate the organization and operation of internships. Articles 7 to 11 establish the construction principles, construction forms, construction requirements, and the role of schools and industry organizations in internship bases. The third is to provide funding guarantee for internships. Article 12 stipulates that schools shall arrange a certain proportion of teaching funds for student internships. The fourth is to clarify the training of students' employability. Articles 13 and 14 stipulate the responsibilities of schools in providing employment guidance and services to students and initiating entrepreneurial education. Fifth, it stipulates the organization of the trainee and the construction of the trainee base. Articles 15 to 17 stipulate the government and its related departments' duties to register and investigate unemployed graduates, organize their participation in traineeships, and set out the conditions for determining the trainee bases and the withdrawal mechanism.
- (3) Clarification of internship specifications and management
- First, Article 19 clarifies the school's responsibility for organizing student internships, and regulates students' personal contact with internship units themselves. Second, Article 20 stipulates that schools, internship units and internship students shall sign a tripartite internship agreement. Third, Articles 21 to 28 stipulate the duties of the parties to the internship. Including the rights, obligations and responsibilities of schools, internship units, internship instructors, internship instructors, and internship students during the internship process. According to the needs of protecting the rights of intern students, the prohibition of sexual behaviors on schools and internship units, including the prohibition of arranging internship students to engage in activities that affect their personal safety and physical and mental health; the internship unit is prohibited from accepting more internship students than the total number of in-service employees in the unit Thirty percent of the number of people in order to prevent internship units from using internships as cheap labor, and prohibiting schools from making profits by organizing student internships. Fourth, Article 29 sets the minimum internship remuneration standard for post-training students and the right of non-post-training students to receive internship subsidies. Fifth, Article 30 stipulates that the insured as determined in the internship agreement shall timely provide students with accident insurance and other related insurance.
- (4) Confirmed apprenticeship standards and management
- The first is to combine the youth vocational training work being carried out in various places with the provisions of the "Procedures for the Implementation of the Employment Promotion Law of the People's Republic of China on Guangdong Province" on youth vocational training system. Article 32 specifies the graduate vocational training and youth vocational training system. Connection issues. The second is Article 33 and Article 34, which stipulates the provision of trainee positions and the scope of trainee objects. It is clear that apprenticeship positions are provided voluntarily by state organs, enterprises, institutions, social organizations and other social organizations. The apprenticeship positions are mainly provided to fresh graduates of local household registration. Localities can recruit non-local graduates to participate in apprenticeships as needed. The third is Article 35 and Article 36 stipulates that the trainee unit shall sign a trainee agreement with graduates on the principle of equality, voluntariness, and consensus, and specifies the main content and duration of the trainee agreement; the fourth is the first Articles 37 to 40 stipulate the code of conduct for trainees and trainees. In order to protect the quality of trainees and the legitimate rights and interests of trainees, the trainees are required to provide trainees with a safe and healthy trainee environment, and to purchase personal accident insurance for trainees. Trainees should obey the management of the trainees and keep the trainees' secret. Fifth, Article 41 specifies the standards and payment subjects for apprenticeships for trainees. Sixth, Articles 42 to 44 stipulate the role of trainees' file custody and trainee experience during the trainee period.
- (V) Support and incentive measures have been set
- First, Articles 45 and 46 stipulate the government's responsibility for setting up information platforms for internships and apprenticeships and providing information services. Second, Article 47 provides for government funding for internships and apprenticeships. Third, Articles 48 to 51 specify the government's financial support and project support for the establishment of internships and apprenticeship bases. Fourth, Article 52 provides tax benefits for enterprises that accept student internships, graduate traineeships, and pay internship remuneration and traineeship subsidies.
- (6) Legal liability is set
- First, Articles 53 to 57 and Article 59 stipulate the legal liability of schools, internships or apprenticeship units for violating these regulations, and provide for the clearance of schools and internship units for some illegal acts, and Clarification of regulatory authorities. Second, Articles 58 and 60 stipulate the legal responsibilities of internship instructors, trainee students, and trainees. Third, Article 61 stipulates the legal responsibility for units and individuals to defraud government subsidies, subsidies, and subsidies. Fourth, Article 62 stipulates the legal responsibilities of education, human resources and social security departments and other relevant departments and their staff.
- The above description is for your consideration. [1]
- Standing Committee of the People's Congress of Guangdong Province:
- The thirteenth meeting of the Standing Committee of the 11th Provincial People's Congress of the Provincial People's Congress conducted the first review of the "Regulations on Student Internships and Graduate Internships (Draft) of Higher Education Institutions in Guangdong Province (Draft)" (hereinafter referred to as the "Draft") submitted by the provincial people's government for review. The members of the Standing Committee considered it necessary to formulate this regulation, and also put forward some amendments and suggestions. After the meeting, the Legal Committee, the Legal Working Committee, together with the Education, Science, Culture, and Health Committee, the Provincial People's Government Legal Office, the Provincial Department of Education, the Provincial Department of Human Resources and Social Security, the Provincial Finance Department and other units reviewed the members of the Standing Committee and related aspects. The proposal was carefully studied, and together with the above-mentioned units and some members of the Standing Committee, they went to Sun Yat-sen University and Guangdong Vocational College of Light Industry to investigate the main issues in the draft. The Legal Committee and the Legal Working Committee solicited the opinions of the local people's congress standing committees, 49 schools in the province, 30 provincial people's congress representatives, 10 legislative advisers and relevant departments. On October 27, Deputy Director Xie Qianghua presided over a public consultation forum on the "Regulations on the Practice and Graduate Internships (Draft) of Higher Education Institutions in Guangdong Province", and led the Legal Committee, the Education, Science, Culture and Health Committee, the Legal Work Committee, and the Provincial Government Legal Affairs Office. Leaders from the Provincial Department of Finance, the Provincial Department of Education, the Provincial Department of Human Resources and Social Security, and Sun Yat-sen University, South China University of Technology, South China Agricultural University, Guangzhou Foreign Studies University, Guangdong Normal University of Technology, Guangdong Vocational College of Light Industry, Responsible comrades and student representatives of Guangdong Vocational College of Agriculture, Industry and Commerce, Guangdong Vocational College of Environmental Protection, Guangzhou Maritime College, Guangdong University of Advanced Technology and Engineering, Guangdong Mobile Communications Co., Ltd., Guangfa Securities Co., Ltd. Group) Co., Ltd., Guangzhou Iron and Steel Enterprise Group Co., Ltd. and other six responsible comrades, representatives of some provincial people's congresses and legislative advisers to the Standing Committee of the Provincial People's Congress, a total of 37 people held discussions on the revision of the draft. The representatives of all parties participating in the symposium fully affirmed the necessity, feasibility, and basic content of the internship and apprentice legislation, and from the internship, the issue of insurance purchase during the apprenticeship, the issue of liability for personal injury, the strength of government support and financial guarantee Issues and other aspects put forward some sound opinions and suggestions. The Legal Committee and the Legal Working Committee have revised the draft on the basis of earnestly studying the opinions of relevant parties, and proposed the "Regulations on Guangdong Province Colleges and Universities' Student Internship and Graduate Employment Training (Revised Draft)" (hereinafter referred to as the revised draft) . After discussions at the meeting of the directors of the Standing Committee of the Provincial People's Congress on November 10, it was decided to submit this meeting for consideration. The main changes and related issues are reported as follows:
- First, the main content of the modification
- (1) According to the opinions of the members of the Standing Committee, in order to avoid confusion with the apprenticeship in the study process of some professional students, referring to the "Notice on the Establishment of a Graduate Apprenticeship System for College Graduates" including the Ministry of Personnel, it is recommended that the " "Graduate apprenticeship" was revised to "Graduate apprenticeship".
- (2) According to the opinions of members of the Standing Committee, the scope of application of the regulations should include academic education in higher schools, secondary vocational schools, and technical schools. It is proposed that Article 2 (1) of the draft be amended to "high schools in the administrative region of the province, These Regulations apply to internships of diploma education students in secondary vocational schools and technical schools, and employment training for graduates of higher education, secondary vocational schools, and technical schools with permanent residence in the province. ", And delete Article 63 of the first draft At the same time, in order to make the definition of the draft more accurate, it is recommended to clarify the organization of the internship and apprenticeship. It is proposed to modify the second paragraph of Article 2 of the draft to "Internships referred to in these regulations refer to schools in accordance with professional training goals and teaching plans. Organize students to carry out professional teaching activities related to majors, including state institutions, enterprises and institutions, social groups and other social organizations, including post placements organized by vocational colleges and technical schools in accordance with regulations; "Employment trainees (hereinafter referred to as trainees) referred to in these Regulations refer to people's governments at all levels People who society organizations has not been achieved within one year after graduation graduates to employment adaptive training of state organs, enterprises, institutions, social groups and other social organizations of. "
- (3) According to the opinions of members of the Standing Committee and the Provincial People's Congress Education, Culture, and Health Committee, enterprises and institutions should be encouraged to accept internships and apprenticeships. It is proposed that a "People's government at or above the county level should formulate preferential policies to encourage all types of enterprises and institutions, and Groups and other social organizations receive student internships and graduate apprenticeships to attract, train, and reserve talents for the sustainable development of the local economy and society.
- (4) According to the situation of soliciting opinions, the responsibility for organizing student internships in schools should be further clarified, referring to the "Notice of the State Council on Transmitting the Report of the State Education Commission on Improving and Strengthening the Production Internship and Social Practice Work of Higher Education Institutions", and Relevant provisions of the "Notice on Employment of Graduates of General Colleges and Universities in 2007" suggest that Article 6 (2) of the draft be revised to "Schools should conscientiously perform the organizational responsibilities of student internships and improve student practice in accordance with professional characteristics and training goals. Ability, creative ability, employability and entrepreneurial ability ", and a separate line, as the seventh draft amendment.
- (5) According to the opinions of members of the Standing Committee and the Provincial People's Congress Education, Science, Culture, and Health Committee, in order to reflect and respect the school's autonomy in teaching, it is proposed to delete Articles 8, 9, 10, 13 and 13. Articles 14 and 18.
- (6) Based on the opinions of the members of the Standing Committee, comprehensively study the opinions and suggestions from various aspects, and propose the following additions:
- 1. It is suggested to add an article "Industry organizations should guide and encourage enterprises and institutions in their industry to actively provide probationary positions." As the revised draft of Article 14;
- 2. It is proposed to add a paragraph in Article 17 of the draft: "People's governments at or above the county level shall strengthen inspection and guidance of apprenticeship bases, and promptly resolve difficulties and problems encountered in apprenticeship work." As the first paragraph of the article;
- 3. It is suggested to add an article, "Schools should strengthen the promotion of apprenticeship policies, and use apprenticeships as an important part of employment guidance."
- 4. It is suggested to add an article "Encourage media such as newspapers, periodicals, radio, television, and the Internet, widely publicize the graduate traineeship system and the experience and practices of enterprises and institutions in conducting traineeships, and establish a good social image of the trainee units." Article 17 as the revised draft of the draft .
- 5. It is proposed to add a paragraph in Article 40 of the draft, The trainees shall pay attention to accumulating work experience during their apprenticeship, and strive to improve their practical ability and employability as the second paragraph of the article;
- 6. It is proposed to add a paragraph in Article 41 of the draft, the specific amount of living allowance provided by the apprenticeship government shall be determined by the listed people s government based on local actual conditions at the prefecture level as the second paragraph of the article. ;
- 7. It is suggested to add an article "trainees can participate in the basic medical insurance for urban residents at the location of the probation base during the probation period. The personal payment standards and government subsidy standards shall be implemented in accordance with the corresponding standards for local students to participate in the basic medical insurance for urban residents and enjoy the corresponding treatment." Article 41 of the revised draft;
- 8. It is proposed to add a new paragraph to Article 42 of the draft: If graduates implement employment units, they can go through employment dispatch procedures at any time. As the second paragraph of this article;
- 9. It is proposed to add a paragraph in Article 44 of the draft, encouraging trainees to give priority to trainees. As the first paragraph of the article;
- 10. It is proposed to add a "Graduates who have failed to achieve employment after the probationary period, and the government-owned talent intermediary service agencies, public employment service agencies and school graduate employment service agencies will continue to provide employment guidance and recommend employment. Graduates have a desire to start a business , The government-owned talent intermediary service agency and public employment service agency shall provide entrepreneurial services such as project development, program design, risk assessment, business guidance, financing services, and follow-up support. "Article 45 as the draft amendment.
- Explanation of related issues
- During the review process, a member of the Standing Committee proposed that "the regulations should focus on probationary regulations." According to the opinions of members of the Standing Committee, in order to give full play to the autonomy and enthusiasm of school teaching, the revised draft deletes the six provisions related to school autonomy in the internship; in order to improve the support and support of employment apprenticeships, Five separate articles have been added in some sections, and five relevant sections have been added in other articles to further supplement and refine the organization, security and regulation of employment apprenticeships.
- In addition, some draft articles have been modified in text, and the order of the articles has been adjusted accordingly.
- The Legal Committee considers that the revised draft of the draft regulations is not inconsistent with laws and administrative regulations, and recommends that this Standing Committee meeting be considered further.
- The above report and draft amendments are for your consideration. [2]