There is no clear definition of the student agreement in the Labor Code of the Russian Federation, but the legislation establishes with whom and in what cases the organization can conclude such an agreement, namely:
- when it comes to retraining an existing employee of the organization with and without interruption from production,
- when a job seeker is sent for training.
In practice, HR specialists interpret the provisions of the Labor Code of the Russian Federation differently. There is, for example, the point of view that a student agreement can be drawn up only for internal forms of training, and is not suitable for attracting an educational institution.
Another controversial issue is the nature of the relationship between the employer and the trainee, with whom an employment contract has not yet been concluded. A number of specialists rely on a letter from the FSS of the Russian Federation No. 02-18 / 05-3937 dated 06/11/2003, which states that "the student agreement with a job seeker is civil law and is regulated by civil law." To resolve the issue, it is proposed to conclude with such a person an employment contract, and only then a student contract.
“In my opinion, everything is fairly transparent in the Labor Code. The use of a student agreement is in no way limited to the scope of internal learning. On the contrary, apprenticeship should result in the appropriation of qualifications with the issuance of relevant documents. This can be done only by institutions and organizations that have the appropriate license.
As for the contract with a person who is not yet an employee of the company, I think it is right to note that the provisions of both the Civil and Labor Codes apply to him. The student agreement in this case is mixed in nature, the Civil Code of the Russian Federation allows this (clause 3 of article 421 of the Civil Code of the Russian Federation). Referring to training / retraining / advanced training of an existing employee, companies most often do not conclude with them a full-fledged student agreement, but an additional agreement to the employment contract, ”explains Irina Savelyeva, SKB Human Resources Project Manager.
Automatically fill out a student agreement in the Contour-Personnel program.
Who can become a student?
Most often, organizations are directed to training by those who, by the nature of their activity, are required to improve their qualifications. Such categories include, for example, law enforcement officers, government civil servants, medical and pharmaceutical workers.
The need for retraining of employees can be caused by production needs, for example, changing equipment or transferring an employee to another job site. In both cases, the employer is required to pay for training.
It happens that an employee himself expresses a desire to improve his qualifications, to undergo training in a particular program. The employer can meet and fully pay for training or discuss with the employee the conditions for the return of funds. This may be, for example, partial compensation from the salary or working at the enterprise for a certain period. Arrangements are necessarily fixed in the supplementary agreement to the employment contract.
Content of student agreement
The single form of the student agreement is not approved, but the Labor Code of the Russian Federation contains requirements for its content (Article 199). The contract must indicate:
- name of the parties
- qualification acquired by the student
- the obligation of the employer to provide the employee with the possibility of training,
- the employee’s obligation to undergo training and, in accordance with the qualifications obtained, to work out under an employment contract with the employer for the period specified in the student agreement,
- apprenticeship period
- payments during apprenticeship.
Please note: it is important to enter all the points, otherwise the employee will have the right to challenge the contract in court.
Name of Parties
In the preamble of the contract, indicate the name of the organization, the name of the responsible person and the document on the basis of which this person acts on behalf of the organization (charter, regulation, power of attorney). The Labor Code of the Russian Federation does not allow the conclusion of a student agreement to employers - individuals or individual entrepreneurs - only to legal entities.
The second party to the contract will be the student, that is, the employee or person who plans to find a job in this organization. For students - foreign citizens, specify the mode of their stay in the Russian Federation. The educational institution where the employee will study may be the third party to the contract.
Subject of the contract
In the subject of the contract, indicate the chosen program, educational institution (if it is not included in the preamble) and the form of training, the list of which is not limited in the Labor Code. In addition to individual, team and course training, you can choose some other form that is more suitable for your goals.
Its name must correspond to the Unified Tariff and Qualification Directory of Jobs and Professions of Workers / Unified Qualification Guide to the posts of managers, specialists and employees or the register of professional standards. We remind you that the system of professional standards and ETKS have equal power, the employer himself determines which system to focus on.
Rights and obligations of the parties
Depending on the chosen form, the organization must provide the employee with the opportunity to undergo training: pay for educational services, establish an appropriate work schedule, if studies are parallel to work, relieve from business trips or overtime, etc. Do not forget that according to Art. 203 of the Labor Code of the Russian Federation, study time during the week should not exceed the norms of working hours of workers in this profession and age. This is especially important if the employee is studying on the job.
An important point is the obligation of the employer to provide the employee upon successful completion of vocational training / retraining, a position in accordance with the qualifications acquired with the conclusion / amendment of an employment contract.
At the same time, you can add to the contract the right to control student performance.
We recommend that you register your rights and obligations as detailed as possible. Some of them will relate to academic discipline (to attend classes, pass grades in a timely manner, perform assignments, etc.), the rest will deal with conditions for working out the funds spent by the organization on training. If the student contract is concluded with a person who is only planning to find a job, the requirement will be to sign an employment contract with the employer and work for at least a certain amount of time.
The mining period is determined by agreement of the parties. Most often, of course, the conditions are dictated by the employer, based on the cost and duration of training or the value of the future employee for the company.
Depending on the duration of the course, the duration of the student agreement is also established. The period of apprenticeship can be increased if it is associated with a student’s prolonged illness, military fees and in other cases stipulated by the legislation of the Russian Federation.
It is also worth writing down the conditions for early termination of the contract. This may be an unfair attitude to training - skipping classes for no good reason, unsatisfactory results of certification, or there may be medical contraindications to the performance of certain labor functions.
If a student interrupts his studies on his own initiative or does not start working at the end of the course, the organization has the right to demand the return of funds transferred to the educational institution and paid in the form of a scholarship.
In addition to the fact that the employer pays for the training in full or in part, he must pay the student a scholarship. Its size is determined depending on the duration of training and the qualifications obtained. The Labor Code puts forward the only requirement: the scholarship cannot be lower than the minimum wage.
In a situation where training takes place on the initiative of the employee himself and is not tied to mandatory certifications, employers most often resort to the form of an additional agreement to the employment contract, which does not oblige to pay a scholarship.
If training takes place on the job, the employer, in addition to the scholarship, pays the employee a salary in proportion to the time worked. In addition, according to Art. 204 of the Labor Code of the Russian Federation, the work performed by the student in the process of studying is paid by the employer at the approved rates.
A student agreement is not the most common document in the work of personnel services. Organizations resort to it infrequently due to the unclear nature of the relationship between the employer and the potential employee. Sometimes employers cannot figure out the procedure for calculating scholarships and taxes on it. However, you should not be afraid of a student agreement. A well-written document is a guarantee that the funds will be spent on the development of staff, and therefore the entire organization.
Objectives: self-management of schoolchildren and development of their initiative.
- Create a favorable psychological climate at school.
- Teach to make responsible decisions.
- To educate students in leadership skills.
- To develop independence and a sense of ownership in the life of the school.
The content of the work:
- He takes part in the development of the annual work plan.
- Creates initiative groups of schoolchildren to organize and conduct various events.
- It studies, summarizes and disseminates the experience of conducting collective creative affairs.
- Organizes the study of public opinion of students on pressing issues of school life.
- It provides patronage assistance to lagging and elementary school students.
- Organizes the leisure of students.
- Monitors the observance of rules of conduct for students.
Forms of work: round tables, projects, holidays, excursions.
- Students are considered when deciding on planning issues.
- Students get the opportunity to participate in resolving important issues in school life.
- Students are able to make independent responsible decisions.
- Students are interested in the life of the school.
Rights of members of the Student Council:
- Hold meetings and other events on the school grounds,
- To place information on the school territory in designated places (on the student council stand) and in the school media (as agreed with the school administration), to get time for their representatives to speak at classroom hours and parent-teacher meetings,
- Send written requests, suggestions, to the school administration,
- Get acquainted with the normative documents of the school and their projects and make suggestions to them,
- Receive information from the school administration on school life,
- Meet with the school principal and other administration
- Conduct surveys and referenda among students,
- Send representatives to work in collegial governing bodies of the school,
- Organize the work of public reception centers of the student council, collect student proposals, hold open hearings, raise the issue of solving the problems raised by students with the school administration, other bodies and organizations,
- Inform the students of the gymnasium and other bodies about the decisions taken,
- To use the organizational support of the gymnasium officials in charge of educational work in the preparation and conduct of student council events,
- Submit proposals to the school administration to improve the educational process of the school,
- Submit to the school administration proposals for encouraging and punishing students,
- Create print media (in agreement with the administration of the gymnasium),
- To establish relations and organize joint activities with student councils of other educational institutions,
- Send representatives of the student council to meetings of the governing bodies of the gymnasium (in agreement with the director of the gymnasium), considering issues of disciplinary misconduct by students,
- Use office equipment, communications and other property of the school in agreement with the administration,
- To make suggestions in the educational plan of the school,
- Represent the interests of students in bodies and organizations outside the school,
- Participate in the formation of the composition of school delegations at events at the district level and above,
- To exercise other powers in accordance with the law and the Charter of the school.