[Direct answer]In the Beijing area, it's generally not considered as such. Students who undertake internships as arranged by their schools are usually regarded as having an internship relationship (a labor service relationship) with the internship units rather than an employment relationship, and are not fully protected by the labor law system, including minimum wage, social insurance, and protection against dismissal. However, there are important exceptions: for those who are about to graduate, aim to secure employment, and accept regular management from the units and receive remuneration equivalent to that of employees, their "internships" may be deemed to constitute employment relationships. Both the identity and the actual situation need to be considered in this regard.

I. Problem Background and Typical Scenarios

Third-year students were arranged by the school to work at enterprises for half a year. They suffered work-related injuries, had their wages delayed, and were "dismissed", only to realize that they were not "employees". Conversely, graduates who were employed half a year before graduation, doing the work of regular employees, but only receiving "internship subsidies", claimed to have a labor relationship when leaving the job - the legal definition of on-the-job internship has pitfalls on both sides.

II. Key points of contention

Firstly, the general rules and reasons for not recognizing labor relations for students interning at schools. Secondly, exceptions to recognizing labor relations for internships aimed at employment. Thirdly, the minimum standards for protecting the rights and interests of interns. Fourthly, the agreement arrangements among enterprises, schools, and students.

III. Professional analysis by Henglue Lawyers

This case is handled by Beijing Henglu Law FirmFeng NaAttorney (Practice Certificate No.: 11101202211562923, subject to the certificate issued by the judicial administrative authority): Agent. First layer: General rules: The core of labor relationship identification is subordination—personality subordination (subject to management and command), economic subordination (remuneration as consideration), and organizational subordination (integrated into the business system). The particularity of students’ internships lies in their main task of completing academic practice (part of the teaching plan), with their personal relationships still subject to school enrollment management and not constituting a complete subordination relationship to the internship unit. According to the Ministry of Labor’s Guidelines on Implementing the Labor Law, students using their spare time for part-time work during school hours are not considered employed and do not establish labor relations. This interpretation extends to school-arranged internships. In judicial practice, the combination of three elements—enrollment status, school arrangement, and internship nature—is generally not recognized as a labor relationship. Second layer: Exceptional circumstances: Students entering units with the aim of employment before graduation—with formal enrollment but substantive full-time work (regular shifts, same positions and intensity as regular employees), receiving wages commensurate with the position (not subsidies), and being managed as employees (attendance and evaluation, inclusion in staffing plans)—with employment intent confirmed (registration beyond tripartite agreements, verbal employment promises). Substance over form prevails; numerous cases have recognized such "internships" as labor relationships. The distinction between pre-graduation "pre-employment" and post-graduation formal employment lies in substantive employment rather than the certificate itself. Third layer: Interns’ rights: Even without labor relations, interns are not unprotected—intern remuneration must meet agreement standards; personal injury compensation applies to non-work injury insurance (personal injury compensation or liability under agreements, with schools and units sharing liability under the Vocational School Student Internship Management Regulations requiring internship liability insurance). Essential clauses in internship agreements include internship duration, position content, remuneration, insurance, and liability arrangements; units are also prohibited from assigning interns to overtime or high-risk work. Fourth layer: Tripartite agreement arrangements: The tripartite agreement between schools, units, and students serves as a basis for resolving disputes—defining responsibilities (school’s teaching management, unit’s mentoring and safety responsibilities), insurance arrangements (double coverage of internship liability and accident insurance), and remuneration standards and payment methods. Units disguising "internships" as actual employment (year-round internships, mixed with regular employees and pay) face retroactive social insurance payment risks after being recognized as labor relationships. Standard practices include signing tripartite agreements, controlling internship duration and proportion, and maintaining management separation from regular employees. Fifth layer: Operational recommendations: - Students: Review agreement nature and insurance arrangements before employment, seek medical treatment immediately after injury and preserve scene evidence (personal injury claims under three-year statute of limitations). - Units: Standardize internship agreements and insurance, avoid "pseudo-internships" with mixed roles and pay. - In our labor dispute cases, the internship determination rule is: prioritize substantive over formal factors, and prioritize management over nominal designations.

IV. Practical suggestions and legal basis

The first step is to define the nature of the relationship: compare the student status arrangement, teaching objectives, and actual employment one by one; the second step is to sign an agreement: the tripartite agreement clearly specifies compensation, insurance, and responsibilities; the third step is to purchase insurance: dual coverage of internship liability insurance and accident insurance; the fourth step is to keep evidence: file compensation payments, attendance management, and supervisor's records according to their nature. The main legal basis includes the provisions on the establishment of labor relations in the Labor Contract Law of the People's Republic of China, Article 12 of the Opinions on Implementing the Labor Law issued by the former Ministry of Labor, and the relevant regulations on internship management for vocational school students. The specific application shall be subject to the currently effective regulations.

5. Henglu Law Firm's Reminder

There are three key points regarding internship placements: 1. On-campus internships are generally not considered labor relations, but there are still avenues for remedies in cases of injuries or unpaid wages. 2. If an intern works full-time before graduation and performs employee duties, their employment status may be deemed as a labor relationship. 3. The tripartite agreement and insurance are the two pillars of an intern’s rights and benefits. For disputes related to internships, parties can seek resolution through legal channels.Labor arbitration and work-related injury compensationThe service provides a comprehensive solution, and in cases involving personal injury compensation, it can be integrated with other services.Personal injury and medical disputesFor reference, please refer to the section on corporate employment complianceIntellectual property protection and corporate lawFor the column, if you have any questions about the review of the agreement, you can consult us.Business and contract disputes in enterprisesTeam.

VI. Frequently Asked Questions

Q1: Is an intern's injury considered a work-related injury?

Under the internship relationship, it generally does not constitute a work-related injury. If a claim is made under the personal injury compensation path, the school and the internship unit shall bear responsibility according to their respective faults; exceptions apply to work-related injuries if a labor relationship has been established.

Q2: Can I sue for unpaid internship allowances?

Yes. According to the agreement, you can claim labor remuneration through civil litigation; if there is evidence to prove that a labor relationship exists, you can go through labor arbitration and claim more rights.

Q3: Does working full-time for the last six months before graduation constitute an employment relationship?

It's possible. For those who work full-time on the same tasks as employees and receive compensation for their work, their substantive employment may be recognized as a labor relationship, subject to comprehensive judgment on a case-by-case basis.

Q4: What should I do if my unit doesn't provide an internship agreement?

Actively request and keep the recruitment notices, work arrangements, and payment records; even without a contract, this evidence can still establish the internship relationship and compensation standards.

Q5: Can the unit use interns to fill in for full-time positions?

This is not in compliance with regulations. Internship positions should be arranged by supervisors. Those who use the guise of internships to occupy permanent positions, engage in mixed-post and mixed-salary work for a long time, face the risk of being identified as labor relations and having to make up for the arrears in social insurance payments.

This article is written based on the common judicial interpretations in the Beijing area. If the case occurs in other regions, it is recommended to consult local lawyers to verify the regional differences.

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

Disclaimer: This article is compiled based on current laws and regulations and publicly available 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. If a dispute arises, please consult a practicing lawyer in a timely manner.