[Direct answer]Generally, it is not considered employment. In the judicial practice of the Beijing area, students who work part-time during their spare time or participate in teaching internships are usually not regarded as employed and do not establish a labor relationship with the unit; only after graduation and officially joining the job for employment purposes will a labor relationship be established from the date of employment. According to Article 12 of the "Opinions on Implementing the Labor Law of the People's Republic of China" issued by the former Ministry of Labor (Labor Department Circular No. 309, 4 August 1995), students who work part-time during their spare time for financial assistance are not considered employed and do not need to sign a labor contract. However, internship agreements, internship subsidies, and compensation for injuries during internships are still protected by civil law and can claim rights in accordance with Article 1192 of the Civil Code of the People's Republic of China (effective 1 January 2021). In the case of full-time work for employment purposes and accepting management near graduation, it may also be recognized as a labor relationship, which needs to be judged based on the degree of subordination. For reference, please refer to the above-mentioned provisions.Work-related injuriesColumn.

1. Problem background and typical scenarios

These kinds of disputes often arise in several situations: First, second- and third-year students use their summer vacations to work part-time in companies and receive monthly subsidies; Second, vocational colleges arrange on-the-job training, during which students work full-time in enterprises for several months; Third, graduating students work under the guise of "pre-employment" before graduation and continue to be employed after graduation; Fourth, if an injury occurs during the internship, the responsibility for compensation between the school, the employer, and the insurance company is unclear; Fifth, using the guise of internship to employ workers for a long time and paying them far lower wages than those in similar positions. In practice in Beijing, the court will focus on reviewing whether the students still have the status of being enrolled in school, whether the internship is part of the school's teaching arrangements, whether the work is aimed at employment, and the degree of management. The compensation path for injuries can be referred to for reference.Personal injury and medical disputesColumn.

II. Key points of contention

Focus 1: Identity standards. Working part-time during free time to assist with studies is not considered employment and does not establish a labor relationship. Focus 2: The nature of internships. Internships within teaching plans are an extension of school education and are generally not recognized as labor relationships. Focus 3: Employment-oriented employment. For those who are about to graduate, work full-time, undergo attendance management, and receive stable compensation, a labor relationship may be established in specific cases. Focus 4: Distinction between internship subsidies and wages. The former does not apply to minimum wage standards. Focus 5: Compensation path for internship injuries. These do not fall under the scope of work injury insurance and are typically handled according to personal injury or internship liability insurance. Focus 6: The effectiveness and liability provisions of tripartite agreements and internship agreements. Specifically, the current effective laws, regulations, and judicial rulings shall prevail.

III. Professional analysis by Henglue Lawyers

Take a labor dispute case handled by our firm as an example to understand the evidence methods for determining labor relations. Liu * joined a Beijing-based cultural company as a skin care therapist in October 2023. The company failed to sign a written labor contract or pay social insurance, and only verbally agreed on a monthly salary of 9,000 yuan. In October 2024, Liu * terminated the labor relationship with the company and applied for arbitration on the grounds of unpaid social insurance and wage arrears. The company defended itself by claiming "flexible labor relations, no need for attendance, and payment based on client volume," denying the existence of a labor relationship. The lawyers handling the case focused on proving subordination: Liu * clocked in and out through DingTalk, accepted the company's management, and received regular transfers from the company's supervisor around the 15th of each month, which met the regularity of wage payment rather than random labor compensation. They submitted pay slips, bank statements, screenshots of clock-in records, and the "Notice of Termination of Labor Relationship" to form a chain of evidence. The arbitration committee confirmed the existence of a labor relationship between the parties, ruling that the company should pay the double wage difference of 84,781.61 yuan for the unsigned labor contract, economic compensation of 8,000 yuan for terminating the labor relationship, and arrears of 8,000 yuan. This case shows that whether a labor relationship exists depends not on the name but on the actual management. Adult workers who accept employment management for the purpose of stable employment are fully protected by labor laws, while interns at schools are generally not recognized as having a labor relationship due to their special status and purpose. The evidence methods are similar, but the conclusions are different. This case was handled by Beijing Henglu Law Firm.Tian JiayanThe attorney (practice license number: 11101202111381309, subject to the document issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

Action suggestions: 1. Before the internship, sign a written internship agreement or a tripartite agreement that clearly specifies the duration, content, subsidy standards, and liability for injuries; 2. Keep records of internship assessments, attendance, and subsidy payments; 3. For those who secure full-time employment near graduation, try to sign labor contracts or employment agreements that clarify when the employment relationship begins; 4. For those injured during the internship, seek medical treatment immediately and preserve medical records and accident reports. Verify whether the school or employer has purchased internship liability insurance, and legally claim compensation for personal injury; 5. After graduation, if employers delay paying salaries or fail to sign contracts, collect evidence of attendance, pay slips, and other proof of employment. Legal basis: In addition to the aforementioned Labor Ministry Document No. 309 [1995], Article 10 of the Labor Contract Law of the People's Republic of China (amended on December 28, 2012) stipulates that a written labor contract should be signed to establish an employment relationship, and Article 82 requires employers to pay double wages if no written contract is signed. For reference on relevant agreement clauses, please refer to the following link: [insert link here].Special services and other casesColumn.

5. Henglue Law Firm's Advice

Risk Alert: Firstly, during the internship period, interns are not protected by labor standards such as minimum wage, social insurance, and economic compensation. Most claims for internship compensation through labor arbitration will not be supported. Secondly, if units disguise internships as employment, they face the risk of having to sign contracts retroactively and paying double wages. Students' rights will also be compromised, so both parties should abide by regulations. Thirdly, compensation for injuries during on-the-job internships involves multiple parties including schools, units, and insurance companies, and the responsibility division is complex. It is advisable to entrust a professional to handle the matter as soon as possible. Fourthly, the disputes over the critical status of full-time employment before graduation are the most controversial. How the employment documents are signed directly affects the legal classification. It is recommended to seek legal advice after disputes arise.Beijing Henglu Law FirmFor similar columns on the official website, it's better to first clarify the specifics and then choose the appropriate path.

VI. Frequently Asked Questions

Q1: Can students who are still attending school apply for labor arbitration if they encounter disputes during their part-time jobs?

Generally, this is not allowed. According to Article 12 of the Opinions No. 309 issued by the Ministry of Labor in 1995, students who work part-time to help support themselves during their spare time are not considered to be employed, and no labor relationship is established between the two parties. Disputes over part-time compensation and injuries are civil disputes and should be litigated in court. However, those who have graduated and left school and then started working, or those who, although not yet graduated, work full-time for the purpose of employment and accept management, may still constitute a labor relationship. In such cases, they can apply for labor arbitration. It is recommended to consult and evaluate the case before taking action.

Q2: Who will compensate for the injuries sustained during the on-the-job internship?

Generally, workers' compensation insurance is not applicable, and the case shall be handled in accordance with the personal injury compensation procedures. For internships organized by schools, responsibilities can be divided according to Article 1192 of the Civil Code of the People's Republic of China, the employer's safety management responsibilities, the school's educational management responsibilities, and the student's own faults. Those who have purchased internship liability insurance can proceed with insurance claims first; if the employer directly arranges employment, the employer shall bear compensation responsibilities within the scope of fault. It is necessary to seek medical treatment promptly, fix the evidence of the accident, and verify the liability provisions in the tripartite agreement.

Q3: Can the internship subsidy be claimed according to the minimum wage standard?

Generally, it's not allowed. Internship subsidies do not fall under the definition of wages in labor law, and the minimum wage standard is not mandatory. The amount is subject to the provisions of the internship agreement or mutual agreement between the parties. However, if a labor relationship has actually been established, such as continued employment after graduation or full-time employment for the purpose of employment, the compensation for the same position must not be lower than the local minimum wage standard. If the employer fails to pay the subsidies on time, the intern can legally claim the outstanding amount and demand corresponding compensation, but the prerequisite are to first determine the nature of the relationship as a labor relationship.

Q4: Does working full-time before graduation constitute an employment relationship?

It's possible. In judicial practice, the court will comprehensively review whether the student has completed all their studies, whether the employment is for the purpose of work, whether the job is continuous and stable, whether they accept labor management such as attendance, and whether the compensation is paid on a fixed monthly basis. In some regions, if a student starts working full-time, accepts management, and receives fixed compensation near graduation, the court may determine that a labor relationship exists in certain cases. To avoid disputes, it is recommended to sign an employment agreement or an internship agreement before graduation to clarify the identity and the starting point of the labor relationship.

Q5: What should I do if my unit fails to pay the internship subsidy?

First, send a written notice of reminder based on the internship agreement, attendance records, and records of subsidy distribution and communication; if no agreement can be reached, the party may file a lawsuit against the employer in court to claim the subsidy and breach of contract liability, and may also request the school to assist in coordinating and handling the matter. It is important to fully preserve the chain of written evidence. If there are disputes over wages and social insurance after being officially employed, these disputes fall under labor disputes, and the party may apply for labor arbitration. For more information, please refer to the relevant provisions of the Labor Contract Law of the People's Republic of China.Work-related injuriesColumn.

The above answer is based on the judicial practice in Beijing. The judicial interpretation in other provinces and cities may vary. For specific cases, please refer to the local rules and evidence situation.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence, to avoid missing the statutory time limit.Labor arbitration legal services·Attorney Tian Jiayan·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and open adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. In the event of a dispute, please consult a practicing lawyer in a timely manner.