仲裁委员会提示，当实习生完成学业取得毕业证书后，其法律身份已发生本质转变。用人单位应当及时 与劳动者协商，将实习协议变更为劳动合同，明确双方劳动关系。若继续沿用实习协议而规避劳动合 同，不仅难以否认事实劳动关系的存在，还可能因未依法签订劳动合同而承担相应法律后果。 除上述与大学生实习就业相关案例外，其他入选案例也紧密围绕首都科技创新、国际交往等功能建设展 开，直击AI技术应用带来的岗位替代难题、跨境经营风险传导下的博弈等前沿法律问题。 中青报·中青网记者 尹希宁 来源：中国青年报 （来源：中国共青团网） 转自：中国共青团网 本报北京12月26日电（中青报·中青网记者 尹希宁）大学生在实习期间获得毕业证书，应不应该认定劳 动关系？今日发布的北京市2025年度劳动人事争议仲裁十大典型案例给出了肯定答案，为大学生解决因 学生身份转变涉及的劳动纠纷问题提供了参考案例。 2025年12月27日 02版 该案例显示，冯某为全日制在校大学生，自2022年年初起在某技术公司实习，双方签署了实习协议。 2023年1月20日，冯某正式取得毕业证书，结束学生身份，但公司在知晓冯某正式取得毕业证书情况下 仍与其续签实习协议至2023 ...

面对小李的索赔，超市方面予以明确反驳。超市经理表示，小李的上下班时间、工作安排均由面包房经 理自主决定，并未按照超市的规章制度执行，超市无法对其进行管理，自然不应承担相关责任。同时， 超市提出，小李的工资从未通过超市公司账户发放，超市也未为其缴纳社会保险，双方不存在经济上的 关联。为佐证自身主张，超市还出示了《联营专柜合同书》，其中明确约定面包房的用工责任由承租方 自行承担。 小李坚持"在哪干活，谁就是老板"的想法，而超市则强调管理和薪酬发放的独立性，双方各执一词，纠 纷难以调和。泰兴法院在审理过程中指出，法律上认定劳动关系并非依据工作场地，核心在于两个"从 属性"，二者缺一不可。 从人身从属性来看，劳动关系的核心是 "管理与被管理"的关系。本案中，小李的工作全由面包房经理 安排，遵循的是面包房的管理要求，而非超市统一的规章制度，结合《联营专柜合同书》中"面包房自 行招聘、自行管理、自行承担用工风险"的约定，足以证明小李与超市之间无直接管理关系。 从经济从属性来看，工资发放是认定劳动关系的关键证据，劳动者的主要生活来源提供者即为法律意义 上的雇主。小李的工资始终通过面包房经理个人渠道发放，超市无任何薪资支付记 ...

Core Points - The case involves a labor dispute regarding whether a labor relationship was established during pre-job training and if an injury sustained during this period can be classified as a work-related injury [1][2] - The court ruled that a labor relationship existed between the employee and the restaurant, as the employee was engaged in training arranged by the employer, which was directly related to the restaurant's main business [2] - The court emphasized that if the pre-job training is necessary, employer-arranged, and the employee is under the employer's management, a labor relationship can be recognized [2] Summary by Sections - **Labor Relationship Establishment**: The court found that communication and arrangements for pre-job training indicated a mutual agreement to establish a labor relationship, despite the absence of a formal written contract [2] - **Injury Recognition**: The court highlighted that injuries occurring during employer-arranged training can be recognized as work-related injuries if a factual labor relationship exists [2][3] - **Next Steps**: Following the confirmation of the labor relationship, the case will proceed to work injury recognition and compensation negotiations [3]

Group 1 - The establishment of a labor relationship occurs from the day the employer starts using the worker, and a written labor contract must be signed within one month of employment [5][6] - Employers must verify key clauses related to personal rights when signing labor contracts to protect their legal rights [3][4] - Written labor contracts are mandatory for establishing labor relationships, while non-full-time work can have verbal agreements, but relevant documentation should be retained [7] Group 2 - Employers are required to keep the text of labor contracts for at least two years after termination or dissolution for reference [10] - Both the employer and the employee should retain a copy of the labor contract [9] - Employees are not required to return the labor contract to the employer after leaving the job [13]

Core Viewpoint - The Jiangsu Provincial High People's Court and the Provincial Department of Human Resources and Social Security have jointly released typical cases for handling labor disputes in 2024, focusing on various issues such as non-compete agreements, probation periods, parental leave, medical autonomy, labor subcontracting, resume fraud, injuries to older workers, and collective wage arrears [1] Group 1: Non-Compete Agreements - Non-compete agreements have boundaries, and the right to choose employment is protected. A case involving an employee who was required to pay a penalty for violating a non-compete clause was dismissed as the employee did not have access to trade secrets [2][3] Group 2: Probation Periods - The probation period is not a "vacuum of rights," and workers' rights are protected by law. A case where an employer terminated an employee during the probation period without valid reasons resulted in the employer being ordered to pay compensation for unlawful termination [4][5] Group 3: Parental Leave - The rights of workers to parental leave are emphasized, promoting a humane work environment. A case where an employee was wrongfully terminated for taking parental leave was ruled in favor of the employee, highlighting the legal support for parental leave rights [6][8] Group 4: Medical Autonomy - Employers must respect employees' medical autonomy. A case where an employee was dismissed for not providing a specific type of medical leave certificate was ruled unlawful, as the employer's requirements were deemed excessive [9][10] Group 5: Labor Subcontracting - The distinction between labor subcontracting agreements and actual labor relationships is clarified. A case confirmed that a worker injured while performing tasks under a subcontracting agreement was recognized as having a labor relationship with the company [11][12] Group 6: Resume Fraud - Employees must maintain integrity in job applications. A case involving an employee who falsified their resume led to the court ruling the employment contract invalid, requiring the employee to return part of their salary [13][14] Group 7: Rights of Older Workers - The rights of older workers are protected, and companies must ensure compliance with labor laws regarding their employment. A case confirmed that an older worker injured on the job is entitled to workers' compensation benefits [15][16] Group 8: Collective Wage Arrears - A collaborative approach to resolving collective wage disputes has proven effective. A case where a company owed wages to workers was resolved through a coordinated effort involving the court and local labor dispute resolution centers, resulting in the workers receiving their owed wages [17][19]

Core Viewpoint - The court ruled that a worker, Wang, had an employment relationship with a repair company despite the existence of a service agreement that classified him as a "freelancer" [1][2][3][4] Group 1: Legal Relationship - The court emphasized the principle of "fact priority" in determining the legal relationship between companies and workers in new employment forms, focusing on actual rights and obligations [2] - Although Wang signed a service agreement with a crowdsourcing company, the court found that the actual working conditions indicated an employment relationship with the repair company [2][3] Group 2: Work Conditions - Wang was subject to attendance management by the repair company, working 8 hours a day and 40 hours a week, which aligns with the legal definition of employment [2][3] - The repair company determined Wang's pay and processed payments through the crowdsourcing company, indicating a lack of autonomy in his work [1][3] Group 3: Court's Conclusion - The court concluded that Wang's working conditions and payment structure demonstrated a clear dependency and economic subordination, fulfilling the criteria for an employment relationship [3] - The court confirmed the existence of an employment relationship between Wang and the repair company for the period from May 1, 2022, to November 1, 2022 [4]

Core Viewpoint - The article discusses the recognition and management of work-related injuries, particularly in the context of construction projects and the implications for insurance coverage and legal responsibilities. Group 1: Work Injury Insurance Recognition - Work injury recognition should focus on the work-related cause, with work location and time serving as auxiliary factors. Evidence of injury during work hours, even when working from home, should not affect the recognition of work-related injuries [15][16]. - The determination of work time should consider legally defined working hours, including overtime and specific tasks assigned by the employer [15][16]. Group 2: Construction Project Insurance Management - Construction companies must manage all workers under a dynamic real-name system and report changes to the social insurance agency. Insurance benefits should be based on reported personnel [17]. - If a worker is injured but not reported in the insurance system due to the employer's failure to update records, the insurance fund may still be liable if the worker meets certain criteria [17]. Group 3: Legal Procedures for Injury Claims - Workers employed by contractors without labor qualifications must undergo injury recognition procedures to claim insurance benefits. Courts cannot recognize injuries as work-related if the recognition application is not submitted within the legal timeframe [18]. - For workers who have their identity misused, if they are recognized as injured, they can still claim insurance benefits, provided the employer has complied with insurance registration requirements [19][20]. Group 4: Causation and Claims for Death Benefits - The family of a worker who dies during the leave period due to work-related injuries must establish a causal relationship to claim death benefits. The social insurance agency is responsible for this recognition [21][23]. - If the family or employer disputes the agency's decision on the recognition of death benefits, they must provide evidence of their application to the agency [22][23].