Article 173 of the Labor Code of the Russian Federation. Guarantees and compensation for employees combining work with training

The pace of modern life is so intense that people often have to perform several activities at once. In our time, combining work with training is not uncommon. Most Russian educational institutions are gradually moving to a paid form, so this approach is a necessary necessity. What guarantees and compensation can working students expect?

General Warranty and Compensation Information

The Constitution of the Russian Federation for all citizens guarantees the provision of secondary, general and primary vocational education free of charge. Everyone has the right to receive it. You can study at higher educational institutions for free only on the basis of a competition. According to article 197, all working citizens have the right to study. They can attend lectures, seminars, take exams, write term papers. Workers who combine work with training receive all the necessary guarantees established by labor legislation. The management of enterprises must create all the necessary conditions for this.

Article 173 of the Labor Code of the Russian Federation

In order to receive all the guarantees and compensations provided, the following conditions must be met:

  • An educational institution must pass state accreditation.
  • Learning must be successful.
  • Getting a certain level of education for the first time.

If an employee is trained in two institutions at once, compensation and guarantees can be provided only for one of them. Art. 173 of the Labor Code of the Russian Federation, as well as articles 177, 174, 176 are the basis for obtaining guarantees to employees of organizations that work and visit couples at the same time.

What are warranties and compensation?

Warranties are the methods, methods and tools that are necessary to comply with the labor and social rights of employees of organizations. This also includes the prevention of violations and protection from them. They can be both tangible and intangible. Compensations are called cash payments. They are set to reimburse the employee for expenses that are related to the direct fulfillment of labor or other duties.

Guarantees and compensation may be provided to the employee under the following conditions:

  • direction on a business trip;
  • relocation in connection with a new place of work;
  • performance of duties of a state or public nature;
  • combination of study and work;
  • forced termination of work for reasons beyond the control of the employee;
  • the provision of paid leave;
  • upon termination of the employment agreement;
  • if there is a delay in issuing the work book after dismissal;
  • in other cases provided for by the Labor Code of the Russian Federation.

It is important to note that in all cases, compensation and guarantees for working students are provided only by providing a certificate-call. Its form is also established by law. It is a certificate-call from a state educational institution that is the basis for the provision of the above benefits.

correspondence higher education

Art. 173 of the Labor Code of the Russian Federation: comments

This article regulates guarantees and compensations to employees of organizations that combine training and work in a magistracy, under specialty or undergraduate programs. It also applies to applicants applying for training in these programs. Article 173 of the Labor Code of the Russian Federation in its first part establishes the right to provide additional leave when studying at universities. They are provided to all trained workers.

Employers must give this opportunity to all employees. The article discusses cases of granting leave both with or without pay. This is agreed additionally. The subordinate, in consultation with the management, may attach study leave to annual paid leave. Employers are also required to provide payment for travel to an educational institution once a year. Article 173 of the Labor Code of the Russian Federation establishes the right to reduce working time and the procedure for its payment for the period of training.

employment agreement

Work time

Evening and correspondence higher education has recently been the most popular. It allows you to fully combine work with study. For employees undergoing training in these forms, a reduction of the working week by 7 hours is provided for the period of passing state examinations or within 10 months before the graduation project. The employer is obliged not only to free the subordinate from the activity for the indicated reasons, but also to provide him with a salary payment in the amount of at least half of the official salary, but not lower than the minimum wage. An agreement to an employment contract for the provision of additional free day may also be signed.

st 173 tk rf comments

Paid holiday

Article 173 of the Labor Code of the Russian Federation establishes the following conditions for granting leave due to studies in higher educational institutions:

  • 40 day vacation. At this time, students can take intermediate sessions in 1 and 2 courses.
  • 50 day vacation. It is required for certification in 3 and subsequent courses.
  • 4 month break. During this period, the employee prepares to pass state exams and defend his thesis.
  • 30 day vacation. Needed to prepare and pass state exams.

Leave without pay

Article 173 of the Labor Code of the Russian Federation governs the conditions for the provision of 15-day additional leave for studies without pay:

  • passing exams when entering higher education institutions;
  • classes at preparatory courses for institutions of higher professional education when passing final exams;
  • passing intermediate certification at full-time study.

4 months leave can also be provided for passing state exams and preparing and defending the final qualification work.

get higher education in absentia

Fare

Correspondence higher education in institutions that have passed the state accreditation procedure, involves another form of compensation - payment of travel. This refers to the material reimbursement of subway services, fixed-route taxis, buses and trolleybuses. Workers receiving an education in absentia can be paid a full journey to the institution and back once during the school year. For example, they might buy a special ticket. For employees who are trained in educational institutions of other levels on the correspondence program, half the fare is paid.

combination of work with training

Secondary vocational education

Section 174 of the labor law establishes the rights of workers receiving education in secondary vocational institutions in the evening and correspondence programs. Holidays with salary are granted for 30 calendar days for the session period at 1, 2 courses, and 40 - at 3 and subsequent respectively. The period of preparation for the final certification can be up to 2 months. Leave without content is granted for 10 days for passing entrance exams and for intermediate certifications, and for state examinations - up to 2 months. Employees are entitled to receive compensation in the amount of 50% of the cost of travel to an educational institution, to demand from the employer a reduction in working time.

workers combining work with training

Training in different institutions

Art. 176 states the guarantees and compensations provided to working students in the evening departments of educational institutions. Employers are required to provide paid additional leave of 9 days for training in general education programs and 22 for average. At the request of the subordinate, a shortened working week of 1 day can be set for him. It can also be reduced by the corresponding number of working hours.

According to Art. 175 of the Labor Code, workers who successfully complete training in primary vocational education institutions are entitled to take an additional 30-day paid vacation. It can be issued during the calendar year rather than the academic year. And postgraduate students have the right to demand the provision of a 30-day paid vacation and compensation for travel to an educational institution. During the working week, an additional 2 free days can be provided without saving a salary at the request of a person. These rights are reserved only for postgraduate students who study under correspondence programs. Full-time students do not have such an opportunity. For the preparation of the dissertation and its defense, paid leave for a period of 3 months may be provided. The legislation does not address the questions of passing entrance tests to graduate school, therefore the absence of a workplace due to this reason must be agreed with the head of the organization.

Conclusion

The twenty-sixth chapter of the Russian labor legislation regulates the provision of preferential conditions for employees of enterprises combining work and training and entering institutions of various levels. You can get a higher education in absentia. In this case, the employer provides paid educational leave and compensates for travel to the educational institution in full. Students receiving a different level of education are granted leave. But the fare is compensated in the amount of 50%.

Students are also given time to prepare for exams and defend their qualification work. Guarantees and compensations are referred to in Articles 173-177. It is important to note that the employee does not have the right to go on study leave without reason and without coordinating the issue with the management of the enterprise. The reason for the holidays due to training is a certificate-call institution. Students of evening and distance programs can count on compulsory benefits. They are not provided with full-time students, since study is the main activity.


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