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职业院校学生实习期间的劳动关系管理长期存在着廉价劳动,强制(或变相强制)实习,社保缺失,法律缺位等突出问题,其根源在于对学生实习期劳动关系的认定分歧。本文认为,职业院校学生与实习单位的关系应当以学生是否是实习的最大获益者而定,在操作层面上,要将学生在实习单位从事生产劳动创造的价值和劳动时间列为重要指标。基于此,对职业院校学生实习期的劳动关系管理应当遵循四条路径:一是创新企业实习生人力资源管理制度,二是改进职业院校实践教育教学模式,三是强化政府劳动保护职能,四是加强国家劳动关系法律保障。
The labor relations management during the internship in vocational colleges and universities persists in such outstanding problems as cheap labor, compulsory (or coercive) internships, lack of social insurance and absence of law, which are rooted in the differences of cognizance of labor relations during the internship. This paper argues that the relationship between vocational college students and internship units should be based on whether the students are the biggest beneficiaries of internships. At the operational level, students’ internship units should take the value of productive labor creation and working hours as important indicators . Based on this, there are four paths to the management of labor relations during the internship of students in vocational colleges: one is to innovate the system of human resources management for intern trainees, the other is to improve the teaching mode of practical education in vocational colleges, the third is to strengthen the government labor protection function, It is to strengthen the legal protection of the country’s labor relations.