Article 173 of the Labor Code of the Russian Federation in the new edition. Legal aspects of granting study leave

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 holidays while maintaining average earnings for:

passing intermediate certification in the first and second years, respectively - 40 calendar days, on 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 the curriculum of the educational program of higher education mastered by the employee;

The employer is obliged to grant 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 per academic year, for preparing and defending 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 form of study, once in the academic year, the employer pays for travel to and from the location of the relevant organization carrying out educational activities.

Employees who are mastering state-accredited bachelor's programs, specialist's programs or master's programs in part-time and part-time forms of education for a period of up to 10 academic months before the start of passing the state final certification are established at their request work week shortened 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 minimum size wages.

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 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.

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 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 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 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 bachelor's, specialist's or master's degree programs by correspondence form of study, once in the academic year, the employer pays for travel to and from the location of the relevant organization carrying out educational activities.

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 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 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.

Pace modern life so intense that people often have to perform several activities at once. It is not uncommon in our time to combine work with study. Most Russian educational institutions are gradually moving to a paid form, so this approach is a forced necessity. What guarantees and compensations can working students expect?

General information about guarantees and compensations

The Constitution of the Russian Federation for all citizens guarantees the provision of average, general and free of charge. Every person has the right to receive it. You can study in higher educational institutions free of charge 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. Employees who combine work with education receive all the necessary guarantees established by the management of enterprises and are obliged to create all the necessary conditions for this.

To get everything stipulated guarantees and compensation, the following conditions must be met:

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

If an employee is being 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 for employees of organizations that couples work and attend at the same time.

What are guarantees and compensations?

Guarantees are methods, methods and means that are necessary to comply with labor and social rights employees of organizations. This also includes the prevention of violations and protection against them. They can be both tangible and intangible. Payments are called compensation. Money. They are established to reimburse the employee for the costs associated with the direct performance of labor or other duties.

Guarantees and compensations can be provided to an employee under the following conditions:

• direction on a business trip;
• relocation due to a new job;
• performance of duties of a state or public nature;
• combining study and work;
• forced termination of work for reasons beyond the control of the employee;
• providing paid leave;
• upon termination of the employment contract;
• if there is a delay 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 to working students are provided only upon the provision of a certificate-call. Its form is also established in the legislation. It is a certificate-call from the state educational institution is the basis for granting the aforementioned benefits.

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

This article regulates guarantees and compensations for employees of organizations that combine education and work in a master's program, a specialist's degree or a bachelor's degree. It also applies to applicants enrolling in these programs. Article 173 of the Labor Code of the Russian Federation in its first part establishes the right to grant additional leave when studying at universities. They are provided to all trainees.

Employers are required to provide this opportunity to all employees. The article considers cases of granting leave both with and without pay. This is agreed upon additionally. The subordinate, in agreement with the management, can add study leave to the annual paid one. 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.

Working time

Evening and correspondence higher education is the most popular lately. It allows you to fully combine work with study. For employees undergoing training in these forms, a reduction in the working week by 7 hours is provided for the period of passing state exams or within 10 months before passing the graduation project. The employer is obliged not only to release the subordinate from activities for the specified reasons, but also to ensure that he is paid wages in the amount of at least half official salary but not below the minimum wage. An agreement to an employment contract on the provision of an additional free day can also be signed.

Paid holiday

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

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

Leave without pay

Article 173 of the Labor Code of the Russian Federation regulates the conditions for granting 15 days of additional leave for training without pay:

• passing examinations for admission to institutions of higher education vocational education;
• classes at the preparatory courses of institutions of higher education when passing final exams;
• passing intermediate certification during full-time training.

Leave of 4 months may also be granted for passing state exams and preparing and defending the final qualifying work.

Fare payment

Correspondence higher education in institutions that have passed the procedure of state accreditation involves another form of compensation - payment for travel. This refers to material compensation for metro services, fixed-route taxis, buses and trolleybuses. Employees receiving education in absentia, once during the academic year, can be paid for the road to the institution and back in full. For example, he can buy a special ticket. For employees undergoing training in educational institutions of other levels on a correspondence program, half of the fare is paid.

Secondary vocational education

Article 174 labor law establishes those receiving education in institutions for evening and correspondence programs. Leave with pay is granted for 30 calendar days for the period of the session at the 1st, 2nd course, and 40 - at the 3rd and subsequent, respectively. The period of preparation for the final certification can be up to 2 months. is provided for 10 days for passing entrance exams and for intermediate certifications, and for state exams - up to 2 months. Employees have the right to receive compensation in the amount of 50% of the cost of travel to an educational institution, to require the employer to reduce working hours.

Education in different institutions

Art. 176 says about the guarantees and compensations provided to working students of evening departments educational institutions. Employers are required to provide paid for 9 days when studying under programs general education and 22 - with an average. At the request of the subordinate, a reduced working week for 1 day can be established for him. It can also be reduced by an appropriate number of working hours.

According to Art. 175 of the Labor Code, employees who successfully complete training in primary vocational education institutions are entitled to take an additional 30-day paid leave. It can be issued during not the academic year, but the calendar year. And employees studying in graduate school have the right to demand the provision of 30 days of paid leave and compensation for travel to an educational institution. During the working week, an additional 2 days off without pay can be provided at the request of the person. These rights are only available to graduate students studying in correspondence programs. Eyeglasses do not have such an opportunity. Paid leave for a period of 3 months may be granted for the preparation of a dissertation and its defense. The legislation does not address the issues of passing entrance examinations to graduate school, so the absence from the workplace due to this reason must be agreed with the head of the organization.

Conclusion

The twenty-sixth chapter of Russian labor legislation regulates the provision of preferential terms for employees of enterprises that combine work and study and enter institutions of various levels. You can get higher education in absentia. In this case, the employer provides educational paid leave and compensates for travel to the educational institution in full. For students receiving education at a different level, leave is provided. But the fare is compensated at a rate of 50%.

Also, students are given time to prepare for exams, defend their qualification work. Guarantees and compensations are mentioned in It is important to note that an employee does not have the right to go on study leave without reason and without agreeing the issue with the management of the enterprise. The basis for a vacation due to training is a certificate-call of the institution. Students of evening and correspondence programs can count on the mandatory receipt of benefits. They are not provided to full-time students, since study is the main activity.

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• Labor Code (Labor Code of the Russian Federation)
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• Section VII. Guarantees and compensation

Information about changes:

Federal Law No. 443-FZ of December 22, 2014 amended the title of Chapter 26 of this Code, which shall enter into force on January 1, 2015.

Chapter 26 degree candidate of science or doctor of science

Information about changes:

Federal Law No. 185-FZ of July 2, 2013 amended Article 173 of this Code. The amendments shall enter into force on September 1, 2013.

Article 173

See Encyclopedias and other comments on article 173 of the Labor Code of the Russian Federation

Information about changes:

Information about changes:

Federal Law No. 443-FZ of December 22, 2014 amended Article 173.1 of this Code. The amendments shall enter into force on January 1, 2015.

Article 173.1. Guarantees and compensations for employees who combine work with higher education - training of highly qualified personnel, as well as employees admitted to the degree of candidate of science or doctor of science

See Encyclopedias and other comments on article 173.1 of the Labor Code of the Russian Federation

Employees mastering the training programs for scientific and pedagogical staff in graduate school (adjuncture), residency programs and assistantship-internship programs for correspondence courses are entitled to:

additional leave at the place of work lasting 30 calendar days during the calendar year with the preservation of average earnings. At the same time, the time spent on travel from the place of work to the place of training and back is added to the specified additional leave of the employee, while maintaining the average earnings. The specified travel is paid by the employer;

one free day from work per week with payment in the amount of 50 percent of the wages received. The employer has the right to provide employees, at their request, with last year training in addition no more than two free days from work per week without pay.

Employees admitted to the competition for the degree of Candidate of Science or Doctor of Science are entitled to receive them in the order. established by the Government Russian Federation, additional leave at the place of work lasting three and six months, respectively, with the preservation of average earnings.

Information about changes:

Federal Law No. 185-FZ of July 2, 2013 amended Article 174 of this Code. The amendments shall enter into force on September 1, 2013.

Article 174

See Encyclopedias and other comments on article 174 of the Labor Code of the Russian Federation

Employees who successfully master educational programs of secondary vocational education in part-time and part-time forms of education that have state accreditation are provided by the employer with additional leaves with the preservation of average earnings for:

passing intermediate certification in the first and second courses - 30 calendar days each, in each of the subsequent courses - 40 calendar days each;

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

Information about changes:

The employer is obliged to grant unpaid leave:

employees admitted to entrance examinations - 10 calendar days;

employees who master state-accredited educational programs of secondary vocational education in full-time education and combine education with work, for passing intermediate certification - 10 calendar days per academic year, for passing the state final certification - up to two months.

For employees who are studying state-accredited educational programs of secondary vocational education in part-time education, the employer pays for travel to the location of the educational organization and back in the amount of 50 percent of the fare once a school year.

Employees who are mastering state-accredited educational programs of secondary vocational education in part-time and part-time forms of study, within 10 academic months before the start of 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 to the employment contract, concluded in writing, the reduction of working time is carried out by providing the employee with one free day from work per week or by reducing the length of the working day (shift) during the week.

Guarantees and compensations for employees who combine work with education in educational programs of secondary vocational education that do not have state accreditation are established by a collective agreement or an employment contract.

Information about changes:

Information about changes:

Federal Law No. 185-FZ of July 2, 2013 sets out Article 176 of this Code in new edition which comes into force on September 1, 2013.

Article 176

See Encyclopedias and other comments on article 176 of the Labor Code of the Russian Federation

Employees who successfully master state-accredited educational programs of basic general or secondary general education in part-time education, the employer provides additional leave with the preservation of average earnings to pass the state final certification for the educational program of basic general education for a period of 9 calendar days, according to the educational program secondary general education for a period of 22 calendar days.

Employees who are mastering state-accredited educational programs of basic general or secondary general education in full-time-correspondence form of study, during the academic year, at their request, a working week is established, reduced by one working day or by the number of working hours corresponding to it (with a reduction in the working day ( shifts) during the week). 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.

Read also: Withholding overpaid amounts from wages

Guarantees and compensations for employees who combine work with the development of educational programs of basic general or secondary general education that do not have state accreditation in part-time and part-time education are established by a collective agreement or an employment contract.

Information about changes:

Federal Law No. 185-FZ of July 2, 2013 amended Article 177 of this Code. The amendments shall enter into force on September 1, 2013.

Article 177

See Encyclopedias and other comments on article 177 of the Labor Code of the Russian Federation

Guarantees and compensations for employees who combine work with education are provided upon receiving an education of the appropriate level for the first time. The specified guarantees and compensations can also be provided to employees who already have a vocational education of the appropriate level and are sent to receive education by the employer in accordance with an employment contract or apprenticeship agreement concluded between the employee and the employer in writing.

The additional holidays provided for in Articles 173-176 of this Code, by agreement of the employer and the employee, may be accompanied by annual paid holidays.

An employee who combines work with education at the same time in two organizations engaged in educational activities, guarantees and compensations are provided only in connection with education in one of these organizations (at the choice of the employee).

The form of the certificate-call, which gives the right to provide guarantees and compensations to employees who combine work with education, is approved by the federal executive body responsible for developing state policy and legal regulation in the field of education.

Home Documents of the Labor Code of the Russian Federation, Article 173. Guarantees and compensations for employees who combine work with higher education in bachelor's programs, specialist's programs or master's programs, and employees applying for training in these educational programs

Prepared revisions of the document with changes that have not entered into force

"Labor Code of the Russian Federation" dated December 30, 2001 N 197-FZ (as amended on July 3, 2016) (as amended and supplemented, effective from January 1, 2017)

Labor Code of the Russian Federation, Article 173

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 successfully master these programs, the employer provides additional leave with the preservation of average earnings for:

(in ed. federal law dated 02.07.2013 N 185-FZ)

(see text in previous edition)

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);

(as amended by Federal Law No. 185-FZ of July 2, 2013)

(see text in previous edition)

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;

(as amended by Federal Law No. 185-FZ of July 2, 2013)

(see text in previous edition)

(see text in previous edition)

The employer is obliged to grant unpaid leave:

employees admitted to entrance examinations - 15 calendar days;

(as amended by Federal Law No. 185-FZ of July 2, 2013)

(see text in previous edition)

employees - students of the preparatory departments of educational institutions of higher education to pass the final certification - 15 calendar days;

(as amended by Federal Law No. 185-FZ of July 2, 2013)

(see text in previous edition)

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.

(as amended by Federal Law No. 185-FZ of July 2, 2013)

(see text in previous edition)

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

(Part three as amended by Federal Law No. 185-FZ of July 2, 2013)

(see text in previous edition)

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.

(as amended by Federal Law No. 185-FZ of July 2, 2013)

(see text in previous edition)

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 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.

(as amended by Federal Law No. 185-FZ of July 2, 2013)

(see text in previous edition)

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

Article 173 of the Labor Code of the Russian Federation with comments and changes for 2016-2017.

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 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 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 paragraph became invalid as of September 1, 2013. - Federal Law of July 2, 2013 N 185-FZ.

The employer is obliged to grant unpaid leave:

• employees admitted to entrance examinations - 15 calendar days;
• employees - students of the preparatory departments of educational institutions of higher education to pass 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 bachelor's, specialist's or master's degree programs by correspondence form of study, once in the academic year, the employer pays for travel to and from the location of the relevant organization carrying out educational activities.

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 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 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:

1. According to Article 173 of the Labor Code of the Russian Federation, guarantees and compensations for employees studying in absentia and part-time (in the evening form of education) in higher educational institutions, regardless of their organizational and legal forms, are provided only at the main place of work (Article 287 of the Labor Code) and subject to two conditions: the availability of state accreditation from the educational institution and the successful development of the educational program by the student.

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2. The procedure for conducting state accreditation of educational institutions of higher professional education, regardless of their departmental subordination and organizational and legal forms, determines the Regulation on state accreditation of a higher educational institution, approved. Decree of the Government of the Russian Federation of December 2, 1999 N 1323 (SZ RF. 1999. N 49. Art. 6006). It applies to universities that have a license to conduct educational activities in the field of higher professional education, issued by Federal Service on supervision in the field of education and science, and the conclusion on attestation of the university, issued by the relevant state body that conducted the attestation.

State accreditation is a procedure for recognition by the state in the person of its government agencies management of the 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).

Universities are accredited for a period not exceeding 5 years. According to the positive results of state accreditation, an educational institution of higher professional education receives a certificate standard pattern. The certificate confirms the state status of an educational institution, the level of educational programs being implemented, the compliance of the content and quality of graduate training with the requirements of state educational standards, the right to issue documents to graduates state sample about the appropriate level of education.

3. Employees are considered to be students successfully if they have no debt for the previous course (semester) and by the beginning of the laboratory examination session they have passed all the tests, completed all the work on the disciplines of the curriculum ( test papers, course projects, etc.) on the subjects submitted for the session.

4. Successful combination labor activity with studies in higher educational institutions is guaranteed by the provision of additional vacations by employers while maintaining average earnings.

Article 173 of the Labor Code of the Russian Federation distinguishes the following types paid holidays:

• a) vacations for passing intermediate certification;
• b) leave for the period of preparation and defense of the final qualifying work and passing the final state exams;
• c) leave for the period of passing the final state exams.

The duration of the leave depends on the course the employee is studying (on the period of mastering the educational programs) and on the specific purpose of the leave.

Vacations are granted for:

• passing intermediate certification at the 1st and 2nd courses, respectively - 40 calendar days each, at subsequent courses, respectively - 50 calendar days each;
• passing intermediate certification in the 2nd year when mastering the main educational programs in a shortened time - 50 calendar days;

In addition, the commented article imposes on the employer the obligation to provide unpaid leave of 15 calendar days: to employees admitted to entrance exams to higher educational institutions; employees who are students of preparatory departments at institutions of higher professional education, to pass final exams.

5. Since full-time students are allowed to combine study with work, it became necessary to establish guarantees for them to ensure the realization of their right to receive higher education with the opportunity to engage in useful activities in a certain field National economy(para. 63 model provision on the educational institution of higher professional education (higher educational institution) of the Russian Federation, approved. Decree of the Government of the Russian Federation of April 5, 2001 N 264 // СЗ RF. 2001. N 16. Art. 1595).

In accordance with Article 173 of the Labor Code of the Russian Federation, the employer is obliged to provide unpaid leave to employees - students of institutions of higher professional education full-time, combining study with work, for:

• passing the intermediate certification - 15 calendar days in the academic year;
• preparation and defense of the final qualifying work and passing the final state exams - 4 months;
• passing the final state exams - 1 month.

6. Leave in connection with education is granted on the basis of a certificate-call of an educational institution. The forms of this certificate are approved by the Order of the Ministry of Education of Russia dated May 13, 2003 N 2057 (BNA RF. 2003. N 47).

One certificate is intended for obtaining additional leave with pay in connection with the passage of an intermediate certification, the other - in connection with the preparation and defense of the final qualification work and passing the final state exams or passing the final state exams (BNA RF. 1997. N 4).

Upon receipt of a certificate-call, the employee has the right to demand timely leave, and the employer has the obligation to grant him leave.

7. Vacations granted in connection with on-the-job training in educational institutions of higher professional education have a strictly designated purpose and must be used only within the established time limits.

Therefore, if the student did not participate in the examination session and did not use the study leave, he loses the right to it. If the reasons for the non-appearance of the student for the session are valid (for example, in case of illness), the right to leave is reserved for him.

Students left for a refresher course good reasons and those who did not use study leave for this course are entitled to it if they successfully completed the corresponding curriculum for the second year of study.

8. Holidays are usually granted to participate in the examination session on the number fixed days contract. If the educational institution has allowed the student to do laboratory work, take tests and exams during the intersessional period, he can use the vacation in installments. The duration of the leave granted in a breakdown should not exceed the total duration of the leave for the corresponding course of study established in the academic year.

Students of the last courses of correspondence educational institutions of higher professional education who, according to the curriculum, take a theoretical course in the amount of one semester and participate in one examination session, are granted half the leave.

9. Leave for the period of passing the final state exams is provided, as a rule, at a time. And only when the final exams are held in 2 terms - in parts. But even in this case, study leave should not exceed the duration determined for him by law.

10. When applying Article 173 of the Labor Code of the Russian Federation, it should be taken into account that the time of additional leave is paid on the basis of average earnings calculated in the manner established for annual leave(See commentary to Art. 139).

11. Wages for vacation time are paid before it starts, and not after the return of a student studying at a higher educational institution on the job from an examination session, as is often the case in practice. If a student has not passed all tests or exams, no deductions from his salary are made.

12. As provided for in paragraph 3 of Art. 17 of the Law on Vocational Education, students studying by correspondence, once a school year, the employer organization pays for travel to the location of the higher education institution and back to perform laboratory work, pass tests and exams, as well as to pass state exams, prepare and defense of the final qualifying work.

13. If students have the right to 2 different vacations in a given calendar year, for example, vacations for taking course exams for the last year and final state exams, travel is paid twice.

The time required for travel is not included in the total duration of the study leave and is not paid.

14. When calculating the 10-month period provided before the start of the graduation project (work) or passing the final state exams, only academic months are taken into account; vacation months (July-August) are excluded from the calculation.

15. The procedure for granting a guarantee in the form of a reduction in working hours during the week (for one day off from work or for the corresponding number of hours off work) is determined by agreement of the parties.

16. Summation of days off from work provided to employees in connection with training, according to general rule not allowed.

Students of educational institutions of higher professional education that train specialists for the fishing industry are allowed for a period of 10 academic months before the start of the graduation project (work) or passing the final state exams to sum up the days free from work and use it at a convenient time for them by agreement with employers ( Order of the USSR Ministry of Higher Education of September 10, 1985 N 636 // Bulletin of the USSR Ministry of Higher Education. 1985. N 11).

At the request of teachers studying in educational institutions of higher professional (pedagogical) education, days free from work are provided to them in total during the vacation period (Decree of the Council of Ministers of the RSFSR of March 15, 1962 // SP RSFSR. 1962. N 7. Art. 39) .

17. The guarantees and compensations provided for in Article 173 of the Labor Code of the Russian Federation do not apply to employees who combine work with education in higher educational institutions that do not have state accreditation. For such workers, guarantees and compensation may be included as an additional condition in employment contracts. For students - employees of organizations, regardless of their organizational and legal forms and forms of ownership, guarantees and compensations can be established in collective agreements and even a higher degree of social protection (for example, additional holidays of longer duration, instead of leave without pay, provide for leave with pay).

According to Article 173 of the Labor Code of the Russian Federation, guarantees and compensations for employees studying in absentia and part-time (in the evening form of education) in higher educational institutions, regardless of their organizational and legal forms, are provided only at the main place of work (Article 287 of the Labor Code) and subject to two conditions: the presence of state accreditation of the educational institution and the successful development of the educational program by the student. 2. The procedure for conducting state accreditation of educational institutions of higher professional education, regardless of their departmental subordination and organizational and legal forms, determines the Regulation on state accreditation of a higher educational institution, approved. Decree of the Government of the Russian Federation of December 2, 1999 N 1323 (SZ RF. 1999. N 49. Art. 6006).

But there are options for such benefits, if their implementation is indicated in employment contract. Serviceman (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.

Attention

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 payments are received (terms) The law says whether the employer should have time to issue vacation pay payments at any time.

Study leave according to the labor code (Articles 173-176 of the Labor Code of the Russian Federation)

Another option: if an employee received a higher education immediately after graduation, then studying in educational programs of secondary vocational education is considered to be receiving an education of the appropriate level for the first time. Also, if an employee who has a diploma of secondary vocational education with the qualification of a skilled worker (employee) studies under the training programs for mid-level specialists, then this is not a second or subsequent secondary vocational education.
Please note that studying in the magistracy of an employee with a bachelor's degree will not be a second higher education. Therefore, such an employee can take advantage of the guarantees provided for by labor legislation.

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In this regard, some organizations voluntarily assume the obligation to pay for employee training. In this matter, it is important to take into account two aspects:

• firstly, the decision to pay for training costs is made by the employer voluntarily - bearing such costs is not his inalienable obligation;
• secondly, if the organization pays for the training of an employee at a university or advanced training courses, then the latter will be obliged to work for a certain time in the company or reimburse the employer for the costs incurred by him.

In order that, as a result of the training worker, there is no conflict between him and his employer conflict situations regarding the development of paid employee training, it is important to correctly draw up all these points.

Labor Code - Study Leave (Article 173)

Info

However, if the employee is not enrolled in educational organization higher education, he can try again in later years, exercising their right to the specified type of vacation. The basis for granting such a leave is a certificate-call of an educational institution (see.

paragraph 10 comment. to this article) and the corresponding statement of the employee. Attention Information on changes: See the text of Article 175 Information on changes: Federal Law No. 185-FZ of July 2, 2013 reworded Article 176 of this Code, which shall enter into force on September 1, 2013. See the text of the article in the previous edition Article 176.

Study leave Labor Code Article 173

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

Student leave according to the labor code article 173

Important

For example, annual compensation for travel to and from the place of study. The main purpose of Art. 173, as well as throughout Chap. 26 of the Labor Code of the Russian Federation - to support citizens who both work and improve their professional level through education.

Indirectly, the content of the article also contributes to the implementation of the state standardization of professions and an effective system of vocational education. Employees who are mastering state-accredited educational programs of basic general or secondary general education in full-time-correspondence form of study, during the academic year, at their request, a working week is established, reduced by one working day or by the number of working hours corresponding to it (with a reduction in the working day ( shifts) during the week).

Registration of study leave in 2018

Preparation for registration of study leave Registration of study leave under the Labor Code (Articles 173-176 of the Labor Code of the Russian Federation) is carried out on a declarative basis, that is, it is carried out at the initiative of the employee on the basis of the documents provided by him, confirming the need for absence from work in connection with education. An employee who wishes to receive study leave must provide the employer with two main documents - a certificate of summons and a personal statement.

The personnel officer will also need to clarify the level of education received, since in many cases the duration of the leave provided depends on it. Finally, it is also necessary to check the level of education that the employee already has, since guarantees and compensations for employees who combine work with training are provided when they receive an education of the appropriate level 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, calculations for payment of such a release from work are carried out according to standard scheme- just like a regular vacation option. Master's program As long as an 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 the case of obtaining a master's degree is not given.

This rule applies to students both full-time and absentee form learning;

• Fourth, when calculating the average earnings for vacation pay students of the correspondence or evening department use information about the employee's salary for the last calendar year, calculated from January (and not for the actual year - for example, from March to March) (Decree of the Government of the Russian Federation No. 922).

Personal income tax is always calculated from the amount of vacation payments, as well as insurance premiums to off-budget funds. It is noteworthy that the company has the right to deduct these tax costs from the tax base when calculating income tax (Art.

Tax Code of the Russian Federation). There is another important nuance that causes a lot of controversy in the environment. personnel workers and accounting staff. In fact, the employee writes an application for vacation, the manager issues an order, and three days before going on vacation, the employee has the right to receive vacation pay.

Study leave labor code article 173 176 of the Labor Code of the Russian Federation

Federal Law of 02.07.2013 N 185-FZ) (see the text in the previous edition) Employees sent for training by the employer or independently enrolled in state-accredited bachelor's programs, specialist's programs or master's programs in part-time and part-time forms of education and successfully mastering these programs, the employer provides additional leave with the preservation of average earnings for: (as amended by the Federal Law of 02.07. 40 calendar days, on 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); (as amended by the Federal Law of July 2, 2013 N 185-FZ) (see.