Internship refers to a period in which students fully combine their own theoretical knowledge and participate in social practice to fully improve their comprehensive quality and work adaptability. First, how to calculate the salary during the internship? The "Measures for the Payment of Wages of Enterprises in Shanghai", which was implemented on April 1 this year, has made provisions on the payment of wages during the internship in the whole country earlier. Item 11 of this method says: "After the laborer forms a labor relationship with the employer, he provides normal labor during the probation and internship period, and the salary paid by the employer shall not be lower than the minimum wage standard stipulated by this Municipality." However, this method emphasizes the formation of labor relations between workers and employers. What's more, the first item of this method States: "This method is applicable to all kinds of enterprises and individual economic organizations within the administrative area of this Municipality, hereinafter referred to as employers and laborers who form labor relations with them." Friends from other provinces and cities should determine the internship salary according to the standards of their cities. Second, two kinds of internships What we usually call internship is a very broad concept, not a strict legal internship. According to the labor law and its supporting regulations, internship can be basically divided into two situations: first, interns establish labor relations with the unit, and carry out certain professional training in the unit through practice according to the requirements of laws and regulations. For example, as stipulated in the Patent Agency Regulations, patent agencies can only issue the Patent Agent Work Permit to those who engage in patent agency work for the first time after one year of internship. In this kind of practice, interns must establish a labor relationship with the unit, with the aim of enhancing their proficiency in these professional jobs from their work, so that they can engage in such occupations independently in the future. There are also lawyers, doctors and so on. The other is the social practice of interns in the unit for teaching needs, such as college students' graduation practice. The obvious feature of this kind of internship is that the employer does not establish labor relations with the interns, or because the interns have relations with other institutions, they cannot establish labor relations. Or take the graduation practice of college students as an example. The internship students have a higher education relationship with the school, and the personal resume documents such as college students' files are also placed in the school, so the unit can't establish labor relations with the internship students at all. Moreover, the purpose of this kind of internship is not professional in the first case, and college students can engage in internship content different from their future work. Therefore, the purpose of this kind of practice itself is to get in touch with the society and practice the theoretical knowledge learned from books, rather than professional training, and its fundamental purpose is teaching. There are also such explanations in some laws and regulations. For example, the Detailed Rules for the Management of Students' Internship in Railway Colleges and Universities says: "The internship mentioned in these Detailed Rules refers to practical teaching links such as cognitive internship, production internship, graduation internship, clinical internship in medical colleges, teaching internship in normal colleges and social investigation as stipulated in the teaching plan. Legal objectivity:
Article 2 of the Labor Contract Law of the People's Republic of China
The salary of a worker during the probation period shall not be less than 8% of the lowest salary of the same position in the unit or the salary agreed in the labor contract, and shall not be less than the minimum wage standard in the place where the employer is located.
labor law of the people's Republic of China
article 48
the state practices a minimum wage guarantee system. The specific standard of the minimum wage shall be formulated by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government and reported to the State Council for the record. The wages paid by the employer to the workers shall not be lower than the local minimum wage.