On the Legal Status Differentiation between Modern Apprentice and Enterprise New Apprentice
The Vocational Education Law,revised in 2022,adds a new provision that the state implements the apprenticeship system with Chinese characteristics.The apprenticeship system with Chinese characteristics is organically composed of the modern apprenticeship system and new enterprise apprenticeship system.Both types of apprentices possess the dual identities of school students and enterprise employees.However,it is difficult to identify their differences in legal status.The legal status of the modern apprentice in school is the party to the education contract.Moreover,the nature of the education contract is closer to an administrative agreement.The disputes between the modern apprentices and the school education management are generally resolved through internal appeals or administrative litigation.The legal status of the new enterprise apprentice in school is the beneficiary of the entrusted training contract,and the entrusted training contract is a civil contract.Disputes between new enterprise apprentices and enterprises or training institutions are generally settled through civil litigation or arbitration.There is a labor relationship between the new enterprise apprentice and the enterprise.Under the current legal framework,it is more rational to define the relationship between modern apprentices and enterprises as a service relationship.
modern apprenticeenterprise new apprenticeeducation contractlabor relationsservice relations
万方数据
维普
