Article 173 of the Labor Code of the Russian Federation. Legal aspects of granting study leave. Conditions for granting study leave

27.11.2019

New edition Art. 173 Labor Code of the Russian Federation

Employees who are sent for training by the employer or who independently enroll in state-accredited bachelor's programs, specialist's programs or master's programs in part-time and part-time forms of study and who successfully master these programs, the employer provides additional leave with the preservation of average earnings for:

passing intermediate certification in the first and second years, respectively - 40 calendar days, in each of the subsequent courses, respectively - 50 calendar days (when mastering educational programs higher education in the shortened terms in the second year - 50 calendar days);

passing the state final certification - up to four months in accordance with curriculum mastered by the employee of the educational program of higher education;

The employer is obliged to provide unpaid leave wages:

employees admitted to entrance examinations - 15 calendar days;

employees - listeners of preparatory departments of educational organizations of higher education for passing the final certification - 15 calendar days;

employees studying under state-accredited bachelor's programs, specialist's programs or full-time master's programs that combine education with work, for passing intermediate certification - 15 calendar days academic year, to prepare and protect graduation qualifying work and passing the final state exams - four months, for passing the final state exams - one month.

Employees who successfully master state-accredited bachelor's, specialist's or master's degree programs by correspondence study, once a school year, the employer pays for travel to and from the location of the relevant educational organization.

Employees who master state-accredited bachelor's programs, specialist's programs or master's programs in part-time and part-time forms of study for a period of up to 10 academic months before the start of passing the state final certification are set at their request a working week, reduced by 7 hours. During the period of release from work, the specified employees are paid 50 percent of the average earnings at their main place of work, but not less than the minimum wage.

By agreement of the parties employment contract the reduction of working time is carried out by providing the employee with one day off from work per week or by reducing the length of the working day during the week.

Guarantees and compensations for employees who combine work with studies in bachelor's programs that do not have state accreditation, specialist's programs or master's programs are established by a collective agreement or an employment contract.

Commentary on Article 173 of the Labor Code of the Russian Federation

Chapter 26 of the Labor Code of the Russian Federation is devoted to guarantees and compensations provided to employees who combine work with training. As stated in Article 177 of the Labor Code of the Russian Federation, these benefits are provided only to those who receive an education of the appropriate level for the first time.

If an employee, in addition to work, has time to study simultaneously in two educational institutions, then guarantees and compensations are provided only in connection with training in one of these educational institutions. In which - the employee himself chooses.

By agreement between the employer and the employee, annual paid holidays may also be added to additional holidays provided for in connection with training. But in order to receive additional leave, it is necessary that the employee's training is successful, that is, without debts.

In accordance with Article 287 of the Labor Code of the Russian Federation, guarantees and compensations to persons combining work with education are provided to employees only at their main place of work.

Please note that if educational institution, where employees study, does not have state accreditation, then the guarantees and compensations provided are established by a collective or labor agreement.

In addition, the employer has the right to conclude with a person job seekers, a student agreement for vocational training, and with an employee of this organization - a student agreement for retraining on the job. Chapter 32 of the Labor Code of the Russian Federation is devoted to this. At the same time, training takes place in the organization itself, and not in an educational institution.

Apprenticeship time during the week should not exceed the norm of working time, which is established for workers of a certain age, profession, specialty in the performance of relevant work.

During the period of apprenticeship, the employer pays students a stipend, the amount of which is determined by the student agreement and depends on the profession, specialty, qualification received. At the same time, the amount of the scholarship cannot be lower than the minimum wage established by federal law. In addition, the work performed by the student in practical classes must be paid according to the established rates.

A situation is possible when an employer sends an employee for advanced training with a break from work. Then, in accordance with Article 187 of the Labor Code of the Russian Federation, at the main place of work, the employee retains his place of work (position) and the average salary. And if an employee has to go to another area to improve his qualifications, the employer pays him travel expenses in the same manner and in the same amount as when he is sent on a business trip.

Article 179 of the Labor Code of the Russian Federation establishes that if there is a reduction in the number or staff of employees in an organization, then with equal labor productivity and qualifications, employees who improve their qualifications in the direction of the employer on the job are among those who are given preference in leaving work .

Guarantees and compensations for employees who combine work with education in educational institutions of higher professional education, and for employees who only enter these educational institutions, are determined by Article 173 of the Labor Code of the Russian Federation.

And those employees who were sent for training by the employer, and those who entered independently in educational institutions with state accreditation (regardless of their organizational and legal forms), in correspondence and part-time (evening) forms of education, if they are successful in them are trained, the employer provides additional leave with the preservation of average earnings:

For passing intermediate certification in the first and second years, respectively - 40 calendar days, for each of the subsequent courses, respectively, 50 calendar days, and when mastering the main educational programs of higher professional education in a shortened time in the second year - 50 calendar days;

For the preparation and defense of the final qualifying work and passing the final state exams - four months;

To pass the final state exams - one month.

The employer is obliged to grant unpaid leave to the following employees:

Admitted to entrance examinations to these educational institutions - 15 calendar days;

Students of the preparatory departments of these educational institutions for passing the final exams - 15 calendar days;

Those who study there full-time, combining study with work, for passing intermediate certification - 15 calendar days in the academic year, for preparing and defending the final qualifying work and passing the final state exams - four months, and for passing the final state exams - one month .

For those employees who study in absentia in state-accredited educational institutions of higher professional education, the employer pays travel expenses to the location of this educational institution and back once in the academic year.

At the request of employees studying in correspondence and part-time (evening) forms of education in these educational institutions, they may be given a working week reduced by seven hours for a period of ten academic months before the start of a graduation project (work) or before passing state exams. But by agreement of the parties to the employment contract, instead of reducing the length of the working day during the week, it is also possible to provide the employee with one day off from work per week. At the same time, during the period of release from work, employees are paid 50% of the average earnings at their main place of work, but not less than the minimum wage.

Providing additional guarantees and compensation for postgraduate students, postgraduate students, applicants and doctoral students is currently regulated by the Federal Law of August 22, 1996 N 125-FZ. In accordance with Article 423 of the Labor Code of the Russian Federation, it is applied to the extent that it does not contradict Labor Code RF.

Thus, employees admitted to entrance examinations to postgraduate studies are granted leave of 30 calendar days with the preservation of the average wage.

Those who are already enrolled in postgraduate study by correspondence are entitled to the same annual additional leave. At the same time, the time spent on travel from the place of work to the location of the graduate school and back is added to the annual additional leave of the graduate student, while maintaining the average salary. The cost of travel is paid by the employer. In addition, graduate students have the right to one free day from work per week with payment in the amount of 50% of the salary received, but not less than 100 rubles.

The employer organization has the right to provide graduate students at their request in the fourth year of study with no more than two additional free days from work per week without pay.

Doctoral students retain all the rights at the place of work that they had before entering doctoral studies, as well as the right to return to their previous places of work.

To complete dissertations for the degree of Candidate of Science, employees are granted leave with pay for three months (for the degree of Doctor of Science - six months) in the manner prescribed by the regulations on postgraduates, doctoral students and applicants.

Another commentary on Art. 173 of the Labor Code of the Russian Federation

1. Persons studying in educational institutions are provided with a number of guarantees that allow them to combine education with work. The range of guarantees provided, their content, as well as the size compensation payments depend on the type of educational institution, the level of education and the type of educational program. There are educational institutions of primary, secondary, higher professional education, additional education and educational institutions(type of educational institution), secondary (complete), primary, secondary, higher professional, postgraduate education (level of education), as well as basic and additional educational programs.

Educational institutions may or may not have state accreditation. State accreditation of an educational institution is a procedure for the recognition by the state, represented by its state educational authorities, of the state status of an educational institution (type, type, category of an educational institution, determined in accordance with the level and focus of educational programs being implemented).

An educational institution from the moment of state accreditation has the right to issue to its graduates a state document on the appropriate level of education and (or) qualifications.

State accreditation of educational institutions is carried out by federal and departmental state educational authorities or, by their power of attorney, by other state educational authorities. An accredited educational institution is issued a certificate of state accreditation for a period of up to five years.

Branches and departments of higher educational institutions are accredited in general order and have an independent certificate of accreditation with the necessary attachments.

2. Guarantees and compensations to persons studying in educational institutions of higher professional education are provided only in case of studying at an accredited university. The procedure for accreditation of higher educational institutions is established by Decree of the Government of the Russian Federation of December 2, 1999 N 1323 (as amended on February 1, 2005). Higher educational institutions include universities, institutes, academies. The certificate of state accreditation of the university must have an appendix with a list of accredited educational programs that are implemented by the university. Educational programs not included in the list are not accredited, and education on them does not entitle you to the guarantees established by Art. 173 of the Labor Code of the Russian Federation.

3. Guarantees are provided in connection with part-time and part-time (evening) education. Full-time (full-time) education also in some cases gives the right to certain guarantees (see paragraph 11 of the commentary to this article).

4. Part 1 of Art. 173 of the Labor Code of the Russian Federation provides for the provision of guarantees to persons successfully studying at a university. Successful students are persons who do not have academic debts for the previous semester, who have completed all types of work (coursework, control, laboratory, experimental, etc.) and received credits in all disciplines provided for by the curriculum in the current semester.

Confirmation of successful training is the student's certificate-call. The certificate-call form for university students was approved by the Order of the Ministry of Education of Russia dated May 13, 2003 N 2057 (BNA. 2003. N 47). The certificate-call of the established form is the only document confirming the student's right to receive the guarantees provided for in Art. 173 of the Labor Code of the Russian Federation for successful students.

5. The main guarantee for successfully studying at a university is the obligation of the employer to provide such persons with additional paid leave for study. These holidays include the following:

Duration of 40 calendar days in I and II courses, 50 calendar days - in subsequent courses for passing intermediate certification (for passing exams and tests, performing laboratory and experimental work, participating in practical and seminar classes and other types of classroom studies provided for by the curriculum) ;

Duration of 40 calendar days on the first course, 50 calendar days on subsequent courses for the same purposes for persons studying in a reduced period;

Duration of four months for the preparation and defense of the final qualifying work and passing the final state exams for students in those universities that provide two forms of final certification;

Duration of one month for passing the final state exams for students in those universities where only one form of final certification is provided.

All specified holidays are calculated in calendar days and months.

During these holidays, employees who combine work with education retain their average wages. For the procedure for calculating average earnings, see Art. 139 of the Labor Code of the Russian Federation and commentary to it.

6. Vacations for passing intermediate attestation are provided in the terms in which the session is held at the university - installation and examination.

Part-time students are usually granted leave for a set number of calendar days in a row, however, if the curriculum provides for the possibility of performing certain types of academic work in the period between sessions, leave, in agreement with the employer, may be granted in parts, but in any case not more than the established total duration.

Part-time (evening) students who attend classroom classes during the semester are granted leave only for the period of examinations and tests, the delivery of which is provided for by the curriculum during the session. These days can be used both in a row and in parts, but only during the session.

7. In all cases, the duration of vacations is imperative, so the employer cannot provide vacations of shorter duration (in total during the academic year), even if the student is certified ahead of schedule in some disciplines. The same applies to vacations for the preparation and defense of the final qualification (diploma) work and passing state exams: if, in accordance with the schedule, state exams and the defense of the thesis work are completed before the end of the vacation period, the student nevertheless has the right not to start work until the end the established period.

8. Clause 1 of Art. 17 federal law dated August 22, 1996, N 125-FZ "On Higher and Postgraduate Education" provides university students studying in part-time or part-time (evening) forms of study with the right to add additional study holidays to annual holidays. Since this right is provided for by federal law, in accordance with Part 4 of Art. 123 of the Labor Code of the Russian Federation, at the request of the student, the employer is obliged to provide annual leave immediately before or after study leave (provided both for passing intermediate certification, and for preparing and defending a thesis and passing state exams). A similar provision is contained in Part 2 of Art. 177 of the Labor Code of the Russian Federation.

9. Along with paid holidays, the employer is obliged in some cases to provide holidays without pay (part 2 of article 173 of the Labor Code of the Russian Federation). Such an obligation arises primarily in relation to employees admitted to entrance examinations to universities. The basis for granting leave is a certificate of admission to entrance examinations issued by the university. In addition, since the right to leave is associated with the state accreditation of the university, the employee must provide a document confirming this. In accordance with paragraph 2 of Art. 16 of the Law of the Russian Federation "On Education", an educational institution is obliged to familiarize an applicant with a certificate of state accreditation to an educational institution.

The right to leave without pay for passing entrance examinations is granted an unlimited number of times.

10. The employer is also obliged to provide unpaid leave to students of the preparatory departments of universities for passing final exams. This leave should be provided to all students, regardless of the form of study (full-time, part-time, part-time). Leave for students of preparatory departments is provided on the basis of a certificate-call of the approved form.

11. Full-time students who combine work with study at state-accredited universities educational institutions are also entitled to unpaid leave. This leave is granted to them for passing intermediate attestation (for 15 calendar days a year), for preparing and defending their final qualifying work and passing state exams (for four months) or only for passing state exams (for one month). In accordance with Part 2 of Art. 173 of the Labor Code of the Russian Federation, all full-time students, and not only those who successfully study, have the right to leave without pay. The basis for granting these holidays is also a certificate-call of the approved form.

12. Part 3 of Art. 173 obliges the employer once in the academic year to pay for employees who successfully study at universities in part-time education, travel to the location of the educational institution and back. Payment is made in the manner established for payment travel expenses(see article 168 of the Labor Code of the Russian Federation and commentary to it).

13. Part 4 of Art. 173 of the Labor Code of the Russian Federation provides employees studying in part-time and part-time (evening) forms of education with the right to reduce the working week by 7 hours ten academic months before the start of preparing a thesis or passing state exams while maintaining 50% of wages during the release from work but not less than the minimum wage.

The law establishes only limits on the reduction of working time - 7 hours a week, therefore, the mode of work during this period is established by agreement of the parties to the employment contract. It can be like an abbreviation daily work for the agreed time (equal every day or unequal), and the provision of one free day from work per week.

For the period of release from work, the employee is paid compensation in the amount of 50% of the average earnings, but not less than the minimum wage (for the calculation of average earnings, see Article 139 of the Labor Code of the Russian Federation and commentary thereto).

14. In addition to students, graduate students, doctoral students and applicants also study in a higher education institution in the form of postgraduate training.

In accordance with Art. 19 of the Federal Law "On Higher and Postgraduate Education", these persons are also provided with a number of guarantees.

A graduate student is a person who has a higher professional education and studying in graduate school and preparing a dissertation for the degree of candidate of sciences.

Persons admitted to the entrance examinations to postgraduate studies are granted leave of 30 calendar days with the preservation of the average salary at the place of work.

Postgraduate students studying in postgraduate study by correspondence are entitled to additional annual leave at the place of work lasting 30 calendar days with the preservation of the average salary. The time spent on travel from the place of work to the location of the graduate school and back is added to the annual additional leave of the graduate student, while maintaining the average salary. Said travel is paid by the employing organization.

Postgraduate students studying in postgraduate study by correspondence form of study are entitled, respectively, to one free day from work per week with payment in the amount of 50% of the salary received, but not less than 100 rubles. The employer organization has the right to provide graduate students at their request in the fourth year of study with no more than two additional free days from work per week without pay.

A doctoral student is a person who has the degree of Candidate of Science and is enrolled in doctoral studies to prepare a dissertation for the degree of Doctor of Science.

Doctoral students retain all the rights at the place of work that they had before entering doctoral studies (to receive living space, to confer an academic title, etc.), as well as the right to return to their previous places of work.

To complete dissertations for the degree of Candidate of Science or Doctor of Science at the place of work, vacations with pay are granted for a period of three or six months, respectively, in the manner prescribed by the regulations on postgraduates, doctoral students and applicants.

An applicant is a person who has a higher professional education, attached to an organization or institution that has a postgraduate and (or) doctoral studies, and who is preparing a dissertation for the degree of Candidate of Sciences without studying in graduate school, or a person who has a scientific degree of a Candidate of Sciences and is preparing a dissertation for competition for the degree of Doctor of Sciences.

Applicants working on dissertations for the degree of Doctor of Science and having significant scientific results on topical socio-economic problems or priority areas of fundamental scientific research can be transferred to research positions for up to two years to prepare a dissertation for the degree of Doctor of Science . Applicants transferred to the positions of scientific workers retain their official salaries and the right to return to their former places of work.

Labor Code Russian Federation suggests a large number of different types holidays that can be taken by each employee. At the same time, not everyone knows about the nuances of how the study leave is processed in 2019.

Main Aspects

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According to labor law Not every employee can take study leave. This type of exemption from work is intended for those who are studying in any of the educational centers.

Many employees combine training and work. Not many people know that study leave does not affect annual leave.

General points

Registration of study leave should always be carried out at the request of the employee. And the employer cannot refuse this type of exemption.

Is study leave paid? The legislation establishes another rule - the mandatory payment of all the days that a citizen spends on training.

An important document during registration will be confirmation of the accreditation of the educational institution. Since the legislation regulates only those study holidays that are needed to study at state-licensed institutions.

If an employee is studying at a foreign educational institution, then such regulation is carried out on the basis of personal agreements between the employer and the employee.

This can be reflected in the employment contract. Since often the employer himself is the initiator of advanced training and for this he chooses foreign educational centers.

Who is entitled to provide

Is the employer required to provide this type of leave? There are a number of such employees:

What regulations regulate (Article 173, 176 of the Labor Code of the Russian Federation)

The main thing in this area will be the Labor Code of the Russian Federation. Article 173 contains information about what guarantees a student receives in bachelor's, specialist's and master's programs.

The same article also discusses vacation options for applicants for these university programs. It also talks about maintaining average earnings and how the duration of study leave is calculated.

Article 176 of this code establishes the rules for educational leave already for those who receive education in the middle link. At the same time, the form of training is not important - full-time or part-time.

Since in any case, the employee can count on compensation. For those who combine work and study, you need to familiarize yourself with Article 177 of the Labor Code of the Russian Federation.

How to apply for a study leave under the Labor Code

Registration of leave in connection with training is carried out on the basis of the application of the employee. It should be written in the prescribed form and taking into account all the rules for compiling this document.

Indeed, on its basis, payments will be calculated for the time the citizen is absent from the workplace. Next, the registration of this document and the issuance of an order. After that, the accountant calculates the payments.

The participation of the employee in this procedure ends at the stage of submission of documentation.

Length of paid vacation

You need to know how many days a year of study leave are provided in accordance with different programs and form of education. In fact, there is a whole list of vacations due to students of higher educational institutions.

Moreover, some employers encourage the training of employees and in every possible way contribute to their mental and professional development which affects the performance level.

Form of study	Vacation type	Duration
Daytime	Admission Session Diploma and master's works State exams	15 days 15 days a year 4 months (for each job) Not more than a month
Correspondence/evening	Session (1-2 courses) Session (other courses)	40 days No more than 50 days
PhD	Visiting the place of study Free study day	30 days 1 day per week (for the last course 2 days)

How to write an application (sample)

This document is best prepared according to the model. Since you will need to enter the following data:

Information about the company-employer and about the employee.
The text of the request for a vacation with the setting of a specific period of time.
Information about the educational institution in which the training is conducted is also provided.
The option of paying for the vacation, which relies in this case, is entered.

Photo: sample application for study leave

At the end of the application put the date, initials and signature. A call certificate is attached to the paper. A sample application for study leave is available.

Drawing up an order

This type of document is issued on the basis of an application for a study leave. The order is filled in according to the uniform form established by law for all under the number T-6.

The document reflects all information about the vacation:

to whom it was issued;
what is its duration and dates of absence of the employee at the workplace;
Document Number;
employee position.

Photo: sample order for leave in the form of T-6

Display in the time sheet

There are several options for completing this document. Because there are two ways to display data in a spreadsheet. The first is continuous, which involves filling in information every day.

The second one provides for putting marks only in case of lateness and non-attendance at workplace. Each employee should have their own line. Vacation days are affixed there, with the appropriate designations.

When calculating wages, indicate the number of these days per month separately from the main days of work. The table is closed monthly.

How it is calculated (examples)

It is important to know how this type of vacation is paid at work. For basic calculations, the employer uses the value of average earnings. It is quite easy to calculate it.

Add up the employee's income for Last year. And this amount is divided by 12 months. This action is necessary to equalize wages. After all, it can change throughout the year.

Next, apply the number of the average number of days in a month. In accordance with legislative norms, this figure is equal to the number 29.3. It is by this indicator that you need to divide the resulting average salary per month.

In this way, the amount of daily wages that a citizen receives on average is calculated.

Based on the number received, payments for the vacation period are calculated - daily earnings are multiplied by the number of days of rest. If it coincided with the annual, then payment is made only for one of the holidays.

With a second higher education

In this case, study leave will not be granted. It is these provisions that are contained in the legislation of the Russian Federation in the labor field.

The employer issues study leave with pay only if the employee receives the first education.

The employee will have to receive a second higher education with a vacation that will not be paid. Although the reverse provisions can be written in the individual labor contract. But from a legislative point of view, the employer is not obliged to pay for such training.

With distance learning

Is this study leave paid or not? Only if the employee entered the degree for the first time.

There are also a number of additional benefits for employees who study at the correspondence department:

for a period of 10 months, you can get one day off or a shortened work week;
An annual payment is made to compensate for travel expenses to and from the place of study.

At the same time, the calculations for paying for such a release from work are carried out according to the standard scheme - in the same way as the usual vacation option.

Master's degree

As long as the employee receives an education that improves his qualifications, he can count on full pay for study leave. Payments will be made in accordance with the norms established by law.

This is the standard counting algorithm, which is also used for the regular vacation option. Additional payments in case of obtaining a master's degree are not given. But there are options for such benefits if their implementation is specified in the employment contract.

Soldier (under contract)

In this case, the execution of payments will depend on what rank the military has. Legislation defines different provisions for privates, officers, ensigns, contract employees.

However, for those who study state basis, provides for the payment of monetary allowance and the issuance of paid leave. You can also pay for travel to the place of study and back.

If the training takes place on a contract basis, then no payments are due. And the employee will need to take additional leave only at his own expense.

In this case, study leave for employees combining work with study will be combined with the main leave.

When are payments due?

The law says whether the employer must have time to issue vacation pay payments at any time. He is obliged to make payment at least three days before the start of this holiday.

ST 173 of the Labor Code of the Russian Federation. Guarantees and compensations for employees who combine work with receiving
higher education in undergraduate, specialist or
master's programs, and employees entering the training for the specified
educational programs

Employees sent for training by the employer or self-employed
to study under state-accredited bachelor's programs, programs
specialty or master's programs in part-time and part-time forms of study and successfully
mastering these programs, the employer provides additional leave with
average earnings for:

passing intermediate certification in the first and second years, respectively - 40 calendar days, in each of the subsequent courses, respectively - 50 calendar days (when mastering educational programs of higher education in a shortened time in the second year - 50 calendar days);
passing the state final certification - up to four months in accordance with the curriculum of the educational program of higher education mastered by the employee;
the fourth paragraph became invalid on September 1, 2013.

The employer is obliged to grant unpaid leave:

employees admitted to entrance examinations - 15 calendar days;
employees - listeners of preparatory departments of educational organizations of higher education for passing the final certification - 15 calendar days;
employees studying under state-accredited bachelor's programs, specialist's programs or full-time master's programs that combine education with work, for passing intermediate certification - 15 calendar days per academic year, for preparing and defending a final qualifying work and passing final state exams - four months, for passing the final state exams - one month.

Employees who successfully master state-accredited programs
bachelor's, specialist's or master's degree programs by correspondence,
once a school year, the employer pays for travel to the location of the relevant
educational organization and vice versa.

Employees mastering state-accredited programs
bachelor's, specialist's or master's programs by correspondence and part-time
forms of education for a period of up to 10 academic months before the start of the state
the final certification is set at their request, the working week, reduced by 7 hours.
During the period of release from work, these employees are paid 50 percent of the average
earnings at the main place of work, but not below the minimum wage.

By agreement of the parties to the employment contract, the reduction of working time is carried out
by providing the employee with one day off from work per week or by reducing
working hours during the week.

Guarantees and compensations for employees who combine work with training
state-accredited bachelor's, specialist's or
master's programs are established by a collective agreement or an employment contract.

Commentary on Art. 173 of the Labor Code of the Russian Federation

1. Changes made to Ch. 26 of the Labor Code of the Russian Federation, related to the reform of the education system in the Russian Federation on the basis of the Federal Law of December 29, 2012 N 273-FZ "On Education in the Russian Federation", relate mainly to the terms and concepts used and only slightly affect the content of the guarantees and compensations provided.

Employees receiving education are provided with a number of guarantees that allow them to combine training with work. The range of guarantees provided, their content, as well as the amount of compensation payments depend on the type of educational organization, level of education and type of educational program. There are general educational programs and vocational education programs (secondary and higher), as well as vocational training programs; state, municipal and private educational organizations; general educational, professional educational organizations and educational organizations of higher professional education.

Educational organizations may or may not have state accreditation. State accreditation educational activities- this is a confirmation of compliance with the federal state educational standards of educational activities in basic educational programs and the training of students in educational organizations. Accreditation is carried out not in relation to the educational organization as such, but according to the educational programs it implements.

2. Guarantees and compensations to persons studying in educational institutions of higher professional education are provided only if they study in accredited educational programs. The certificate of state accreditation must have an appendix with a list of accredited educational programs that are implemented by the university. Educational programs not included in the list are not accredited, and education on them does not entitle you to the guarantees established by the commented article.

3. Part 1 of the commented article provides for the provision of guarantees to persons successfully studying at the university. Successful students are persons who do not have academic debts for the previous semester, who performed all types of work (term papers, control, laboratory, experimental, etc.) and received credits in all disciplines provided for by the curriculum in the current semester.

Successful learning is confirmed by the student's certificate-call, the form of which for university students was approved by Order of the Ministry of Education and Science of the Russian Federation dated December 19, 2013 N 1368. The certificate-call of the established form is the only document confirming the student's right to receive guarantees provided for articles for successful students.

4. The main guarantee for successfully studying at a university is the obligation of the employer to provide such persons with additional paid leave for study. These holidays include:

a) leave of 40 calendar days in the first and second years, 50 calendar days - in subsequent courses for passing intermediate certification (for passing exams and tests, performing laboratory and experimental work, participating in practical and seminar classes and other types of classroom studies provided for curriculum);

b) leave of 40 calendar days in the first year, 50 calendar days in subsequent courses for the same purposes for persons studying in a reduced period;

c) leave of up to four months to pass the state final certification.

All specified holidays are calculated in calendar days and months.

5. Vacations for passing intermediate attestation are provided in the terms in which the session is held at the university - installation and examination.

Part-time students are usually granted leave for a set number of calendar days in a row, however, if the curriculum provides for the possibility of performing certain types of study work between sessions, leave, in agreement with the employer, may be granted in parts, but in any case no more than set total duration.

6. In all cases, the duration of vacations is imperative, so the employer cannot provide vacations of shorter duration (in total during the academic year), even if the student is certified ahead of schedule in terms of disciplines.

With regard to holidays for the state final certification, a different approach was applied - the maximum duration of the holiday was established, and its specific amount is determined in accordance with the curriculum. However, if, in accordance with the schedule, state examinations and the defense of the thesis are completed before the end of the vacation period, the student has the right not to start work until the end of the established period.

7. Along with paid holidays, the employer in a number of cases is obliged to provide holidays without pay (part 2 of the commented article). Such an obligation arises primarily in relation to employees admitted to entrance examinations to universities. The basis for granting leave is a certificate of admission to entrance examinations issued by the university. In addition, since the right to leave is associated with the state accreditation of the university, the employee must provide a document confirming this.

The right to leave without pay for passing entrance examinations is granted an unlimited number of times.

The employer is also obliged to guarantee unpaid leave to students of preparatory departments of universities for passing the final certification. This leave should be provided to all students, regardless of the form of study (full-time, part-time, part-time). Leave for students of preparatory departments is provided on the basis of a certificate-call of the approved form.

8. Full-time students who combine work with study in state-accredited educational programs of higher professional education are also entitled to unpaid leave. This leave is granted to them for passing intermediate attestation (for 15 calendar days a year), for preparing and defending their final qualifying work and passing state exams (for four months) or only for passing state exams (for one month). In accordance with part 2 of the commented article, all full-time students, and not only those who successfully study, have the right to leave without pay. The basis for granting these holidays is also a certificate-call of the approved form.

9. Part 3 of the commented article obliges the employer once in the academic year to pay for employees who successfully study at universities in part-time education, travel to the location of the educational organization and back. Payment is made in the manner established for payment of travel expenses (see Article 168 of the Labor Code of the Russian Federation and commentary thereto).

10. Part 4 of the commented article provides employees studying by correspondence and part-time (evening) forms of education with the right to reduce the working week by 7 hours. 10 academic months before the start of the preparation of a thesis or passing state exams with the preservation of 50% of the salary during the time of release from work, but not less than the minimum wage (on the calculation of average earnings, see Article 139 of the Labor Code of the Russian Federation and commentary thereto).

The Labor Code establishes only limits on the reduction of working time - 7 hours per week. The mode of operation during this period is established by agreement of the parties to the employment contract. This can be either a reduction in daily work for a specified time (by equal or unequal every day), or the provision of one day a week free from work.

Article 173 of the Labor Code

The development of modernity forces citizens to combine work with study. The paid system in Russian educational institutions forces students to find ways to pay for education. What state guarantees can a student worker count on?

This question interests many. Article 173 of the Russian Federation regulates in detail the right of working students to monetary compensation and security.

Any working citizen receives a guaranteed right to study and receive higher, basic general, secondary and secondary vocational education. Leaders, in turn, must fully fulfill their obligations and create all conditions for combining work and academic activities of the worker.

In order to be guaranteed to receive all the required monetary compensation and security, a working student must:

Get knowledge in a state educational institution.
Demonstrate academic excellence.
Obtaining a particular level of education should not be repeated.

All rights apply to one educational institution, regardless of the number of educations that a working student wishes to receive.

The employee has the right to choose 1 full working day of release or reduce several working days by several hours.

For the period of release from work, such employees receive monetary compensation in the amount of 50% of the average wage rate, but not less than the established minimum size wages.

Travel expenses reimbursement

A worker who successfully studies at the correspondence department of a higher educational organization with state accreditation must receive from the employer a simultaneous monetary reimbursement of travel expenses to and from the educational institution.

A similar benefit also applies to students of educational institutions receiving secondary vocational education in the correspondence department. But it is worth noting that they will be able to count on the return of half of their travel costs.

The employee is required to submit an appropriate application to the employer with travel documents attached.

Please note that in order to receive a refund of travel expenses, the educational institution where the employee receives knowledge must be public. The fact of self-entry or referral for advanced training from the enterprise will not affect the provision of such benefits.

Examples

Combining work and study

From all of the above, we can make an unambiguous conclusion that all working students who receive higher or secondary vocational education for the first time in state educational institutions of the Russian Federation have the right to take study leave. It can be both basic and additional and applies to all forms of education.

organization employee with limited liability"Topaz" L.Yu. Starodubtseva resides on. For the second year she has been receiving knowledge at a state university of the Russian Federation. In June 2013, the employee provided the employer with a complete package necessary documentation for getting vacation days.

The company's management has no right to reject Starodubtseva's petition, arguing that she is on probation. In this case, there will be a violation of the norms of the Labor Code of the Russian Federation, based on which the employee has the full right to vacation days, regardless of work at the main place of work.

Also, the Topaz organization must take into account the following rules:

The management does not have the right to dismiss an employee who is on study leave due to personal dislike or status assignment, as if he did not pass the test period.
Working hours during which the employee was absent from the workplace cannot be credited to the probation period.
The vacation period is paid only at the main place of work. Companions are not eligible for this exemption.

An employee of the organization "Winter" S.A. Semenov receives higher professional education at a private university in the Russian Federation. This fact does not deprive him of the right to receive vacation days at his main place of work. Semenov has the right to conclude an employment agreement with the employer, which will contain a clause giving him the right to leave, subject to a written call for the period of passing exams on the training program from the educational institution.

Failure to comply with labor standards

Employers of enterprises are obliged to bear responsibility for non-compliance with the norms for the provision of study holidays. It includes the following situations:

In the event of circumstances under which, in accordance with the norms of the Labor Code, an employee is entitled to paid for the period of training, the employer is deprived of the right to withhold wages. In case of non-observance of the rights of workers who are on training, the enterprise will be brought to administrative responsibility and payment of fines established by the legislation of the Russian Federation. It is also possible to temporarily stop activities for up to 3 months.
If an organization delays vacation payments to an employee, it will also be subject to penalties. In addition to the full amount of vacation funds, the company is obliged to pay the employee an interest rate on the amount of debt set by the central banking structure of the Russian Federation for each day of delay. Accruals are made starting from the next day after the due date of payment, until the full repayment of the delayed amounts.

It is worth noting that the lack of guilt of the organization's management in delays does not give the right to evade the return of interest.

Article 173 of the Labor Code gives every working citizen the right to receive education, combining labor activity with the acquisition of knowledge. Having familiarized themselves with the content of the article and the provision of legal guarantees and monetary compensation, many working people of the Russian Federation will not refuse to receive higher or secondary vocational education.

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study leave can be used for the period of the educational process and the session by an employee who combines work with training in a higher or secondary professional institution. In this case, the employer has no right to refuse to provide such leave.

Legislation

Study leave is regulated by articles 173-176 of the Labor Code of the Russian Federation. Legislatively, leave cannot be called educational or student leave. According to the Labor Code of the Russian Federation, the period is described as an additional vacation for employees who combine work with study.

Depending on the situation, leave can be granted with or without pay.

It is important that not any training can be the basis for granting a vacation period.

The situation of an employee must meet a number of criteria regulated by law:

for the first time, an employee receives an education of this level: bachelor, master, etc. Study leave for obtaining a second higher education is not granted;
A university, secondary school or other educational institution has state accreditation for the implementation of this type of activity;
the curriculum is being successfully completed. Success criteria are set by the educational institution;
leave is granted for the delivery of sessions or the defense of the thesis.

Wherein regulations, for example, an employment or collective agreement, may provide for other possibilities when granting study leave. These documents cannot worsen the actual situation of the student employee.

It is important that the provision of study leave subject to the specified conditions is the obligation of the employer, and not his right.

When can I take

Educational leave under the Labor Code (Article 173-176) may be granted for periods of examinations and defense of qualification work.

The following categories of employees can use the vacation period:

students of universities enrolled in specialist, bachelor's or master's programs;
students of the highest qualification who are studying under the programs of postgraduate studies, residency, etc.;
students in secondary schools;
students in evening schools.

Timing

The duration of study leave, as well as its other aspects, is established by labor legislation.

Standard terms are indicated in the table:

	Foundations	Duration (in days)
University students	1 and 2 courses	40
University students	3rd, 4th and subsequent courses	50
University students	State examinations and defense of qualification work ( graduate work or dissertation)	120 (4 months)
University applicants		15
	During the session	15
Full-time university students	At the time of Mrs. exams	30
Full-time university students	Protection of qualifying work and passing the state. exams	120 (4 months)
College students	1 and 2 courses	30
College students	3rd, 4th and subsequent courses	40
College students	To pass entrance examinations	10
	For taking sessions	10
Full-time students of secondary schools	For final certification	60

These terms are provided only for employees undergoing on-the-job training, namely for students of part-time or part-time forms of education.

If necessary, to extend the study leave, working students can apply to the employer with an application for unpaid vacation days.

In addition to providing paid vacations, employers establish benefits and other guarantees for employees who study:

payment for travel in both directions to the university and back - 1 time per year;
payment of 50% of the fare for students of secondary schools in both directions;
providing a reduced working week for final year students. At the same time, payment for reduced hours is made in the usual manner for students of universities and in the amount of 50% of the salary for students of secondary schools.

How to issue

Registration of study leave is carried out in the following order:

Obtaining a certificate-call from an educational institution. The certificate is issued to the student for presentation at the place of work. Sample certificate-call for a session of a student of a higher educational institution:
1. Submission of an application to the personnel department of the enterprise or the immediate supervisor. The application must be written personally by a working student in an arbitrary written form and submitted to the personnel department or accounting department immediately after receiving a call certificate. The document must contain the following details:
  - name of company;
  - Name and position of the head;
  - Name and position of the applicant;
  - grounds for granting leave;
  - vacation period;
  - date of writing and signature of the applicant.