Can a dispute between a student and an employer apply for labor arbitration

According to Article 12 of the Ministry of Labor's Opinions on Several Issues Concerning the Implementation of the Labor Law of the People's Republic of China and the People's Republic of China, "schoolchildren who use their spare time for diligent study are not regarded as being employed, and a labor relationship has not been established, so a labor contract may not be signed. " This shows that students studying at school do not have the qualification of labor subject, and there is no labor relationship between them and the employer during the period of study and work. Thus, the dispute between them is not a labor dispute, can not apply the provisions of labor laws and regulations, labor dispute arbitration committee can not accept.

One, internship labor disputes do not belong to the scope of arbitration

City Labor Dispute Arbitration Committee reminds college students: because the college students have not graduated, does not belong to the labor law provisions of the employment qualification of the workers, so their internship or part-time work during the labor disputes do not belong to the scope of labor disputes. They can only go to court to apply for civil lawsuits.

Second, how to protect the rights of college students during the internship:

1, the internship time agreement. It can be agreed that the daily not more than 8 hours, if it is due to special circumstances more than 8 hours, the internship unit should refer to the calculation of overtime pay to the intern to pay.

2. Agreement on remuneration for internship during the internship period. It is agreed that the internship organization shall pay reasonable internship remuneration to the intern every month during the internship period, and the responsibility for default of internship remuneration.

3, the internship process in the internship injury and death of the treatment. This part of the content is very important, from the perspective of the protection of the rights and interests of interns, can be agreed with the internship unit in the event of casualties, the internship unit compared to the standard payment of casualty insurance treatment, in order to avoid the lack of legal basis for the rights and interests of interns damaged.

4, interns in the internship period of intellectual property rights belonging to the agreement.

5. Handling of disputes. It can be agreed to deal with the friendly negotiation and litigation.

Of course, from the point of view of the internship unit, the internship unit and interns to sign an internship agreement is also very important, in the agreement to clarify the standard of internship compensation, internship discipline agreement, the intern's fault caused by the unit's economic losses, the intern's personal accident insurance agreement, the school's responsibilities in the internship process and the school's legal responsibility, etc., with a perfect internship agreement, you can have a good chance in the event of disputes. With a perfect internship agreement, you can have a contract to follow in case of disputes, and better deal with disputes.

According to the above, we can know that the disputes between students and workers during their internship are not under the jurisdiction of labor arbitration. At this point, to resolve the dispute, then you need to file a civil lawsuit to the court.

Labor arbitration conditions

I, the employer and the worker labor disputes, the parties can apply for mediation, arbitration, litigation, or negotiation.

Second, after the occurrence of labor disputes, the parties can apply for conciliation to the unit's Labor Dispute Conciliation Committee within 30 days; conciliation fails, one of the parties requesting arbitration, you can apply for arbitration to the Arbitration Committee of Labor Disputes within 60 days from the date of the occurrence of labor disputes. One of the parties may also apply directly to the Labor Dispute Arbitration Committee for arbitration. If you are not satisfied with the arbitration award, you may file a lawsuit with the People's Court within 15 days from the date of receipt of the arbitration award.

Third, the scope of cases:

1, the enterprise dismissal, removal, dismissal of workers and employees resignation, automatic separation of disputes;

2, the implementation of the state regulations on wages, insurance, welfare, training, labor protection disputes;

3, disputes arising from the fulfillment of labor contracts;

4, in accordance with the laws and regulations shall be the Arbitration Committee of Labor Disputes, Regulations shall be accepted by the Labor Dispute Arbitration Committee of other labor disputes.

Four, the conditions of acceptance:

1, the applicant has a direct interest in the case;

2, the application for arbitration of disputes belong to labor disputes;

3, the labor disputes belong to the jurisdiction of the Arbitration Commission;

4, the application form and related materials are available;

5, the party who requests arbitration shall, within sixty days from the date of the occurrence of the labor dispute, submit to the Labor Dispute Arbitration Commission a report on the dispute. The party making the request for arbitration shall submit a written application to the Labor Dispute Arbitration Committee within sixty days from the date of occurrence of the labor dispute.

5, the application for arbitration to provide information:

1, labor dispute arbitration complaint, including:

(1) the employee's party's name, occupation, address and work unit, contact phone number; enterprise's name, address and legal representative's name, position, contact phone number;

(2) arbitration request and based on the facts and reasons.

(3) Evidence, names and addresses of witnesses.

(4) The arbitration body has a uniform cover provided, the complainant can fill in directly.

One original copy of the statement of claim is to be submitted to the Arbitration Council and the corresponding copies should be provided according to the number of respondents.

2. Identification documents of the complainant and the respondent;

(1) the original and copy of the complainant's ID card;

(2) the original of the respondent's legal person registration information (this information can be found in the industrial and commercial administration department where the enterprise is registered).

3. Copies of relevant evidential materials and list of evidence.

The claimant shall be instructed to supplement the statement of claim for arbitration if the claimed materials are not complete or the relevant circumstances are not clear.

6. If the claimant needs to appoint an agent, he shall submit a power of attorney at the same time. The power of attorney shall state the basic information of the delegate, the delegated matters and the delegated authority. If the power of attorney includes recognizing, renouncing, changing the litigation claim, or making a settlement on behalf of the client, the attorney must list each item.

Seven, the Arbitration Commission shall, within seven days from the date of receipt of the complaint materials, decide whether to accept, the Arbitration Commission decided to accept, shall, within seven days from the date of the decision, a copy of the statement of claim shall be served on the respondent, and the formation of the Arbitration Tribunal; decided not to accept, shall state the reasons.

The respondent shall, within fifteen days from the date of receipt of the copy of the statement of claim, submit a statement of defense and relevant evidence.

The arbitral tribunal dealing with labor disputes shall conclude within sixty days from the date of the formation of the arbitral tribunal. If the complexity of the case requires an extension, it may be appropriately extended upon reporting to the Arbitration Commission for approval, but the extension shall not exceed thirty days.

If the parties are not satisfied with the arbitration award, they may, within fifteen days from the date of receipt of the award, bring an action in the People's Court; if they do not bring an action after the expiration of this period, the award shall become legally effective.

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