배움과 공유의 시간

 Employment of trainees

Corporate apprenticeship generally refers to students in vocational technical schools. Since the original purpose of the exercise is to conduct functional training, the student status of the trainee remains unchanged and should continue to be managed by the school. If an enterprise employs a student who is in school as an trainee, it shall proceed in such a way as to conclude an exercise consultation among the three parties of the business-school-student relationship because there is no working relationship with the student.

[Regulations on Practical Management for Secondary School Students]
Article 10
Before a student comes to an exercise company and is assigned to an exercise post, the student body or the head of the student body shall conclude written consultations with the school, the trainee company to clarify the responsibilities, rights and duties of each party.

Since the relationship between trainees and the use company is not legally "labor relations," if personal injury occurs to the trainee during the exercise period, the Civil Service and the Civil Service Act, not the labor-related law, applies.

[Regulations on the Employment Ratio of Practitioners]

Some companies hire large numbers of trainees to reduce labor costs, or infringe upon the legal rights and interests of trainees. For this reason, some local governments have issued a series of regulations that strictly limit the employment rate of trainees in their use companies.
For example, Kwang Dong-sung’s "Guidelines for Practical Practice and Employment of Graduates of Guangdong High School" stipulates that the number of trainees should not exceed 30 percent of the total number of employees employed by the company.
Soju City is more stringent than this, and Article 2 of "A Opinion that Normalizes Practical Practice for Secondary School Regents in Employment Units" stipulates that the number of trainee students does not exceed 5 percent of the total number of employees in the Practical Company. Therefore, if an entity employs trainees, it must check the local government’s restriction on employment rates for trainees.

[Experimental Remediation]

Since there is no legal labor relationship between trainees and the use company, the trainee's compensation is basically not subject to the minimum wage standard of labor-related laws.
However, it is important to note that the Strict Labor Agreement Ordinance, which went into effect in May 2013, stipulates that the trainee’s compensation promised by an enterprise with students should not be lower than the minimum wage here, and obligates some provinces to pay more than the minimum wage standard for students in the province.

[Hour]
The National Regulations for Practical Practice for Secondary School Students stipulates that a student’s working hours cannot exceed eight hours per day.
Guangdong Province’s Higher Student and Graduation Labs Ordinance provides more detail that a student’s one-week training session cannot exceed 40 hours. In the case of Kang So-sung, the Stiff Labor Relationship Ordinance limits the number of trainees to less than 12 months, four hours a day, and very 40 hours a day. Therefore, it is required to note that if an entity employs trainees, it is necessary to verify the country and local local government regulations and, in particular, may cause undue overtime or nighttime work arrangements for trainees.

[In case of personal injury or injury during practice time]
Because there is no legal labor relationship between trainees and the use company, if an trainee is injured during the exercise period, it is not recognized as an industrial accident and cannot enjoy industrial insurance treatment. Alternatively, an trainee may request the provision of a liability for infringement of the rights on the basis of the Rights Violation Liability Act and the Rules for the Handling of Accidental Accidents, if he or she is injured during an exercise.
In the event that a student is injured due to negligence by the school, student or other parties concerned, the party concerned shall be held responsible on the basis of the percentage of negligence in its own conduct and the causal relationship between itself and the consequences (Article 8 of the Rules for the Handling of Accidental Accidents).
In order to minimize responsibility for personal injury or illness, the company needs to have commercial insurance, such as personal injury insurance, for the trainee before employment. In case of an insurance contract, the beneficiary of the insurance premium shall be the company in the event of an accident, and the company shall negotiate with the victim to settle the compensation issue once it receives the insurance payment.