□ reporter Wen Yuanhao
Recently, Jiangxi New Energy Technology Vocational College has attracted widespread attention about the fact that some teachers have deducted huge Xi remuneration from students. Subsequently, the joint investigation team of Xinyu City, Jiangxi Province issued a circular, saying that after a preliminary investigation by the High-tech Branch of the Xinyu City Public Security Bureau, it was found that Yan Moumou and others were suspected of accepting bribes by non-state functionaries, and a case has been filed for investigation and criminal coercive measures have been taken against Yan Moumou and others. At present, the case is under further investigation.
The reporter of the "Rule of Law Daily" learned from interviews that phenomena that damage the rights and interests of Xi students, such as vocational college students being brought into factories by teachers to work as assembly line workers, and Xi allowances being maliciously defaulted by enterprises, have occurred from time to time. The reason for this is that most of the Xi students have not yet left the campus, cannot sign labor contracts, and cannot be directly linked to the status of workers protected by labor laws. Therefore, problems such as illegal fees for practical Xi training, injuries to students during the actual Xi, and poor protection of legitimate rights and interests occur from time to time, especially the chaos of the actual Xi in vocational colleges has been repeatedly prohibited.
Experts interviewed by this reporter believe that some vocational schools and enterprises do not hesitate to harm the legitimate rights and interests of students in pursuit of profits. The reason for the repeated prohibition of such chaos is that the design of the existing normative documents for the safeguard mechanism and the rights protection mechanism is relatively simple, and the operability is not strong. For example, what responsibilities need to be borne by vocational colleges and Xi units after violating laws and regulations, and whether these responsibilities can form an effective deterrent to units, etc., need to be further resolved.
School-enterprise cooperation is highly controversial
Many vocational college students have had unforgettable Xi experiences – Xi salaries are much lower than normal, or even not paid.
Xiao Li, a junior student at a vocational college in Jiangxi, is currently Xi in a processing factory in Nanchang, with an average Xi salary of 15 yuan per hour. "As long as you are a student, the salary is basically the lowest. Although the work content is similar, there is a big income gap between us and the workers in the same group. Xiao Li said.
At the beginning of July this year, Xiao Lin of a vocational college in Shandong went to a hotel for Xi according to the requirements of the school. After two days of training, he took up his post in the housekeeping department, working from 7:7 a.m. to 50:5 p.m. every day, with half an hour for lunch breaks. Due to the intensity of her work, she had back pain after a week and "couldn't stand it". The results of the examination at the hospital showed that it was irreversible "lumbar degeneration".
"Our Xi students cannot be dismissed, and if they are dismissed, they will be recorded in the school's file, which will affect graduation." Kobayashi said that later she had to choose to Xi on her own, but when she went to the human resources department to go through the resignation procedures, she originally said that she could settle a week's salary, but she was not given it in the end, "At least five people like me did not get the actual Xi salary."
It is understood that many students are sent to other places for Xi, often far away from the school, and the working hours and intensity are the same as those of front-line workers. Although it is called "paid real Xi", the salary is often very low, which is equivalent to the employer reducing the employment cost in disguise.
"At that time, there were 50 students who went with us, and they were sent to the front line, doing some work of stringing, punching, and packaging every day. In order to successfully get the graduation certificate, I had to stay there and work hard. Kobayashi said.
The incident of Jiangxi New Energy Technology Vocational College also proves this. According to public reports, the college is currently divided into two parts: secondary school and junior college. Among them, in the case of compulsory Xi in the middle school, the graduation certificate will not be issued if the Xi is not Xi the designated unit, and although the junior college also arranges the actual Xi unit, the student can choose to independently. In the third year, the school will arrange Xi units for students of different majors, and the Xi locations are all over the country, but most of the Xi units are processing factories, and the Xi salary is about 2800,<> yuan a month. If students find factories on their own, the actual Xi wages will basically be one or two thousand yuan higher.
In addition, the reporter's inquiry found that in 2022, the Jiangxi Provincial Department of Education issued a "Jiangxi Provincial Department of Education Announced the Third Batch of 6 Typical Cases of Teachers Violating Teacher Ethics and Teaching Style", which was mentioned in the above case In December 2021, 12 counselors from Jiangxi New Energy Technology Vocational College Liu Moumou, Lai Moumou, Qi Moumou, Li Moumou, and Zhang Moumou cooperated with off-campus training institutions to organize 5 students in 5 classes of the Photovoltaic Power Generation College to participate in the "low-voltage electrician certificate" exam without reporting to the college. Obtained an intermediary fee of 127,17145 yuan.
Similar school-enterprise cooperation has made many students miserable. Previously, a number of students at a college in Sichuan had reported that the school had illegal fees. According to the students, in the four years of study and Xi time, the school has repeatedly charged students in violation of regulations, in addition to tuition, the school cooperates with enterprises to charge an additional 4,2700 yuan for skills training fees to each student, and has to pay an additional 4,10800 yuan in four years, and more than 70,2016 yuan is charged for computer majors alone. What's even more excessive is that between 2018 and <>, the school actually notified students to pay fees to enterprises on their own, otherwise they would not be given credits, or even graduation certificates.
In the event of casualties, it is difficult to protect rights
On November 11 this year, Li Hao (pseudonym), a junior at Pingdingshan University in Henan Province, died suddenly when he returned to the off-campus rental house to rest after nearly 10 hours of live game broadcasting in the company. The "Death Certificate" issued by the police shows that Li Hao died unnaturally, and the cause of death was "sudden death".
"The school required them to have 6 months of Xi, and when they were looking for jobs online, they found this game live streaming company." Li Hao's father said that the agreement signed by the company and the child required that the live broadcast duration should not be less than 240 hours per month, and the child was originally broadcast live during the day, but after November 11, he started live broadcast at night, and before his sudden death, he had broadcast live for 5 consecutive nights.
In this regard, the company involved, Henan Qinyi Culture Media Co., Ltd., said that the company and Li Hao signed a "Anchor and Guild Cooperation Agreement", the two parties have no employment relationship or Xi relationship, Li Hao died in his rented rental house after finishing work, and has nothing to do with the company.
For Li Hao's death, does the company involved need to be held liable?
"Although the place where Li Hao's death occurred was not in the company, if the cause of death is related to continuous all-night work, the game company should also bear some responsibility for the death result." Wu Mengkai, a lawyer at Guangdong Hetuo Law Firm, said that as a responsible enterprise, it should assume its responsibilities and obligations to Xi students and protect their legitimate rights and interests. If the company and the Xi sign a cooperation agreement, then the rights and obligations of both parties should also be clarified to ensure that the cooperation is based on fairness, justice and mutual benefit.
Wu Mengkai reminded that Xi students generally do not enjoy work-related injury treatment, and the risks of Xi work are borne by Xi students, so Xi students should agree with the Xi unit on the handling method of casualties during the Xi period, so as to avoid their legitimate rights and interests not being protected afterwards. When signing the agreement, you can negotiate for accident injury insurance, or agree with the Xi unit that if a casualty accident occurs, the Xi unit will pay the casualty treatment according to the standard of work-related injury insurance benefits, so as to avoid damage to personal rights and interests due to the lack of legal basis.
"We cannot ignore the problems and difficulties existing in the process of Xi, let alone tolerate the deprivation of the rights and interests of Xi students by employers." Professor Scope of the School of Labor Economics of the Capital University of Economics and Business called for enterprises to establish a correct overtime culture and advocate reasonable working hours and healthy working methods.
The supervision mechanism needs to be improved urgently
As early as April 2016, the Ministry of Education and other five departments issued the Regulations on the Management of Vocational School Students' Xi. In January 4, the Ministry of Education and other eight departments jointly issued the newly revised Regulations on the Management of Students' Xi in Vocational Schools, further delineating the "red line" in response to the current problems of compulsory Xi in the actual Xi of vocational school students, engaging in simple and repetitive work unrelated to their professional Xi, and infringing on the legitimate rights and interests of students.
However, why is it still difficult to eradicate the chaos?
In Wu Mengkai's view, some schools, labor service companies, and employment units collude with each other to evade supervision, but because Xi students are in a weak position, have low bargaining power, have a weak sense of rights protection, and have more concerns, some schools, intermediaries and other relevant personnel will be unscrupulous, so that many Xi students lose the courage to say "no".
"In reality, some complaints do not receive timely response from relevant departments, and Xi students have to report on social platforms, and it is easy to give up reporting due to intimidation and retaliation." Wu Mengkai suggested that we should not only vigorously unblock the channels for Xi students to complain and report, but also consolidate the responsibilities of regulatory departments, and seriously pursue the responsibility of relevant departments and personnel such as inaction and slow action.
According to the scope, the infringement of the rights and interests of Xi students by Xi units is mainly reflected in three aspects: first, the right to labor remuneration, especially for fixed-post Xi trainees in vocational colleges, whose salary remuneration is usually lower than the market level; the second is the right to rest, they are often required to work long hours; The third is the right to occupational safety and health, some Xi units have poor working conditions, and do not provide adequate training and protection to Xi students, so that they may suffer occupational injuries.
The scope told reporters that there have been guiding cases of the Supreme People's Court that employment-oriented Xi students can form a labor relationship with the Xi unit. However, since Article 1995 of the Opinions on Several Issues Concerning the Implementation of the Labor Law of the People's Republic of China issued by the former Ministry of Labor in August 8 stipulates that students who use their spare time to work and study are not regarded as employment, and if they have not established labor relations, they may not sign labor contracts. As a result, in practice, Xi students are excluded from the labor law, and in most cases they will not be recognized as having an employment relationship with the employer.
"The work engaged in by the top post Xi Xi is not fundamentally different from that of the laborer, and it is also subordinate labor, but because the subject does not meet the criteria for determining labor relations, it cannot enjoy the various rights and interests of the laborer, which is unfair." Wu Mengkai said.
If a student's Xi salary is deducted, can it be recovered? Wu Mengkai believes that in view of the phenomenon of students' actual Xi wages being deducted, students should collect evidence as soon as possible, keep evidence that can prove the employment relationship, including punch-in records, salary flows, working hours and other evidence, and require the other party to pay in a timely manner according to the employment remuneration. At the same time, they can also file a complaint or report with the local labor inspection agency and request the relevant departments to assist in the investigation. Where there is disagreement through consultation, they shall use legal channels to protect their lawful rights and interests.
Although the labor law does not apply to Xi employees, they should still pay attention to the universality of basic labor standards, such as the protection of working hours, wages and occupational safety and health, which should be consistent with that of ordinary workers, and pay attention to the training of Xi students.Xi At the same time, when choosing a Xi unit, Xi students should try to choose a formal Xi unit and pay attention to their legitimate rights and interests, such as requiring a written agreement to clarify the rights and obligations of both parties, and requiring the purchase of accident insurance or employer's liability insurance.
The scope believes that there is still an imperfect system, and enterprises participating in vocational education need to improve the corresponding supervision mechanism and urge them to implement the corresponding training, education and other responsibilities. Enterprise participation in vocational education should focus on education, even if the enterprise conducts practical Xi, it is also carried out under the entire talent training system. At the same time, the "blacklist" of vocational colleges and Xi units can also be disclosed to the public, and relevant complaints and reports of vocational colleges can be included in the scope of evaluation and review, and Xi units can be included in the social responsibility evaluation system.