Under what conditions can a full-time student work? How to hire a full-time student Employment of full-time students

How many hours can an adult full-time student work?

Answer

An adult full-time student can be hired full-time. If the student is not a disabled person of group 1 or 2, and the work is not classified as harmful, then he can work 40 hours a week.

A student can be hired under an employment contract or under a civil contract (contract, paid services, etc.).

The law does not establish restrictions on the ability of a student to work during study hours.

At the request of an adult student and with the consent of the employer, the employee may be provided with part-time or flexible working hours (Article 93, Part 1 of Article 102 of the Labor Code of the Russian Federation).

In order for a student to have time to both study and work, he can be assigned part-time work or a flexible work schedule (both can be done at the same time). This is determined by agreement of the parties; after concluding an employment contract, the student does not have the right to demand the establishment of part-time work (with the exception of the last 10 months of study, when, at the request of an evening or part-time student, the work week can be shortened by 7 hours, but for the specified 7 hours the employer must pay employee 50% of average earnings. Full-time students do not have such a benefit.)

A fixed-term employment contract can be concluded with a full-time student.

The student has no special guarantees when establishing a probationary period if the special provisions of Art. 70 of the Labor Code (minor, pregnancy, etc.).

Registration of labor or civil law relations is carried out as with all other employees.

More details in the System materials:

1. Answer: Is it possible to hire a full-time student who is studying full-time? Work and school times coincide during the day

The law does not establish restrictions on the ability of a student to work during study hours.*

At the request of an adult student and with the consent of the employer to the employee or (, Labor Code of the Russian Federation).

When hiring a minor student, the employer is obliged - no more than half the norm established for employees of the corresponding age ().

Thus, an employer can hire a full-time student who combines work and study.

2. Answer: Is it possible to establish a probationary period for a student?

The condition of testing an employee is established upon concluding an employment contract and only by agreement of the parties. In relation to certain categories of employees, the legislation contains: Students themselves do not fall into these categories. However, the ban applies, in particular, to minors. Therefore, if a student is under 18 years of age, the employer does not have the right to set him a probationary period when hiring. This follows from the provisions of Article 70 of the Labor Code of the Russian Federation.

Thus, the employer can establish a probationary period for a student if generally established restrictions on the appointment of a probationary period do not apply to him.

3. Answer: In what cases is an organization obliged to pay an employee for study leave?

Paid study leave must be provided:

Employees who study at universities via part-time, part-time (evening) forms of study ();

Employees who study in institutions of secondary vocational education (technical school, college, etc.) through part-time, part-time (evening) forms of study ();

Employees who study in educational institutions of primary vocational education (college, training center, etc.) ();

Employees who study in evening (shift) educational institutions (schools, gymnasiums, etc.) ().

The employer is obliged to provide study leave to these employees, regardless of how long the employee has worked in the organization. There are no restrictions on length of service giving the right to study leave.

Study leave is subject to payment only if the following conditions are simultaneously met:

An employee receives education of this level for the first time (or the organization sent an employee who already has education of this level to training on the basis of an agreement concluded by it with the employee) ();

Vacation is associated with passing exams or defending a diploma ();

The educational institution has state accreditation (, Labor Code of the Russian Federation).

The organization can also provide study leave to employees who study in institutions that do not have state accreditation. To do this, such a condition must be stated in the labor (collective) agreement (, Labor Code of the Russian Federation).

The success of training is determined by the educational institution in which the employee is studying, in accordance with internal documents, in particular, the charter. Confirmation of the successful training of an employee for the employer is a certificate of challenge issued to an employee combining work with training, and indicating his admission to the next certification: intermediate or final (orders of the Ministry of Education of Russia and). The employer does not need to require any other documents to confirm the success of training (for example, a certificate of absence of debt), nor does it need to wait until the end of the current session to pay for study leave.

The organization is not obliged to provide study leave to part-time workers. The right to study leave arises only for employees at their main place of work. This is stated in Article 287 of the Labor Code of the Russian Federation.

If an employee studies simultaneously in two educational institutions, paid leave is provided only in connection with studying in one of them at the employee’s choice ().

The duration of study leave must be indicated in the summons certificate from the educational institution (). Standard forms of certificates are established by orders of the Ministry of Education of Russia and. The first of these forms is established for employees receiving higher education, the second - for those receiving secondary vocational education.

However, there are restrictions on the duration of paid study leaves. The maximum duration of paid study leave that an organization is obliged to provide to employees is given in.

Study leaves are paid in the same way as annual ones, based on average earnings (). Average earnings are determined based on the employee’s salary for the last 12 months (). In this case, all calendar days of study leave, including holidays, are subject to payment (Regulations approved).

Vacation pay for an employee going on study leave must be paid three days before it begins. At the same time, the period of payment of vacation pay is not affected. This conclusion follows from Article 136 of the Labor Code of the Russian Federation.

Nina Kovyazina

4. Answer: How to set part-time working hours

The normal working week should not exceed 40 hours (). During the week, working time must be distributed so that its total duration does not exceed this limit. The most common option is an eight-hour working day with a five-day working week (weekends are Saturday and Sunday).

The working hours regime in force in the organization must be enshrined in () contracts ().

In addition to the normal working hours, labor legislation provides for a regime. Part-time work means part-time employment of an employee either during the week or during the working day (shift). For example, not five working days, but four, or not eight hours a day (per shift), but six.

Part-time work should be distinguished from. The latter is established for certain categories of employees and is counted as a full labor standard (). If we are talking about a part-time working week, all non-working days in this case are reflected as weekends ().

An organization can transfer any employee to work with a part-time schedule at his request (application) or by agreement of the parties to the employment contract.

Moreover, in some cases, the administration is obliged to establish such a regime for an employee. This must be done as requested:

Pregnant woman;

One of the parents (guardian, trustee) with a child under the age of 14 years (disabled child under the age of 18);

An employee who cares for a sick family member in accordance with a medical report.

This procedure is provided for by the Labor Code of the Russian Federation.

In addition, the organization can introduce part-time work and.

The establishment of a part-time working regime at the initiative of the employer is allowed (if it exists in the organization) during the period of organizational and technical measures that entail significant changes in working conditions. If such changes could lead to mass layoffs, the administration has the right to establish a part-time working regime for up to six months. Such a restriction is provided for in Article 74 of the Labor Code of the Russian Federation.

In this case, employees must be notified in writing about the upcoming changes two months before they are carried out (with mandatory familiarization and signature) (). An employee’s consent or disagreement to work part-time can, for example, be written down in the .

If an employee in these circumstances refuses to work part-time, he can be dismissed only in the manner provided for in Part 1 of Article 81 of the Labor Code of the Russian Federation () (). In this case, he needs to be paid severance pay and average monthly earnings for the period of employment ().

Part-time working hours may be provided for in an employment contract or established by order of the manager. In the latter case, if for an employee this regime differs from the general one in force in the organization, this fact must be reflected in the employment contract (). To do this, enter into an additional agreement with the employee to the employment contract on changing the working hours (). In addition, it may be necessary to make changes to the internal documents of the organization (for example, to the annex to the collective agreement) if they establish a list of employees for whom part-time working hours apply.

An employee who is assigned part-time working hours works less than others. His work is paid in proportion to the established time (or depending on output). At the same time, the duration of annual paid leave is not reduced, the procedure for calculating length of service does not change, and other rights of the employee are not limited. This procedure is established by the Labor Code of the Russian Federation.

Employment service notification

The employment service must be notified of the introduction of part-time work in an organization. This must be done within three working days after the decision is made. Such requirements are established in paragraph 2 of Article 25 of the Law of April 19, 1991 No. 1032-1 and explained in.

There is no unified form of notification, so compose it in .

Cancellation of the part-time regime before the period for which it was established must be done - if it exists in the organization ().

Nina Kovyazina

Deputy Director of the Department of Education and Human Resources of the Russian Ministry of Health

5. Answer: How to organize work in flexible working hours

Application of flexible working hours

The procedure for applying the flexible working time regime is given in the approved. The norms of this resolution are subject to application insofar as they do not contradict the Labor Code of the Russian Federation ().

Flexible working hours are introduced to achieve certain goals, for example, for:

Increasing labor discipline;

Employee performance;

Ensuring a combination of employee interests with the interests of the organization.

In continuous production;

In conditions of three-shift work in discontinuous production;

When working two shifts, if there are no free workplaces at the junctions of the shifts;

If there are other production specifics.

Establishing a flexible working time regime in the department

To introduce such a regime for certain categories of employees, for example, an entire division of an organization, write down the application of the flexible working time regime in (, Labor Code of the Russian Federation).

Establish a summarized recording of working hours for employees working in flexible working hours if the daily or weekly working hours provided for this category of employees cannot be observed (). The procedure for applying summarized accounting is indicated in the Labor Regulations ().

Establishing flexible working hours for individual employees

It is not necessary to include information on the application of the flexible working time regime in the Labor Regulations if the regime is established by agreement with an individual employee, for example:

To a new employee when hiring him;

Already working employee.

Since the flexible working time regime applied to an employee will differ from the generally established working regime in the organization, then:

For a new employee, include a provision for flexible working hours in the employment contract;

For an already working employee, add to his employment contract.

Such rules are established in Article 100 of the Labor Code of the Russian Federation.

There are no prohibitions or restrictions in labor legislation on university students combining work with full-time study. Therefore, any enterprise has the right to hire such employees, including full-time ones.

Hiring a full-time student should be carried out on a general basis, guided by Chapters 10 and 11 of the Labor Code of the Russian Federation.

Many students go to work in their specialty during their studies in companies of their choice, not only in order to earn themselves additional money, but also with the prospect that they will be able to remain in this company after graduation. At the same time, they will already have some experience working in this company, and they will be able to get a promotion faster.

Registration of labor relations with a full-time university student, as with any other employee, must begin with the preparation of an employment contract. This agreement can be concluded either indefinitely or for any period of no more than five years.

You should also take into account the fact that while it is prohibited to establish a probationary period for university graduates who graduated less than 1 year ago and who are applying for a job in their specialty for the first time, this prohibition does not apply to full-time university students. Consequently, by agreement of the parties, full-time students may be given a probationary period on a general basis.

Operating mode

Since it is quite difficult to combine study and work, full-time students are generally suited to working part-time or with a free (flexible) work schedule.

The minimum duration of both the working day and the working week is not established by law. In this regard, the parties to the employment contract have the opportunity to agree on a suitable work schedule for the student employee at their discretion. For example, you can set for him both a shortened work week and part-time work or a shift at the same time. In this case, the student employee’s salary will be calculated in proportion to the time worked or its calculation will depend on the amount of work performed by him (Article 93 of the Labor Code of the Russian Federation).

Also, this category of workers can be set up for flexible working hours. This mode of work is characterized by the fact that the beginning of the working day, its end or the total duration is set individually for each employee. In this case, the employee will need to work the appropriate number of working hours in certain accounting periods (day, week, month, etc.) (Article 102 of the Labor Code of the Russian Federation).

Basically, working hours as well as rest time for full-time working students are negotiated by agreement of the parties for each employee individually. And if it does not coincide with the general rules adopted by a given employer, then this must be stipulated in the employment contract (Article 57 of the Labor Code of the Russian Federation).

If a student, under the terms of an employment contract, is established on a part-time working schedule, then this fact does not affect either the duration of his annual basic paid leave or the accounting of his work experience and does not entail any other restrictions on his labor rights (Part 3 of Article 93 of the Labor Code of the Russian Federation ).

Reception order

Hiring a full-time student must also be formalized by order (Form No. T-1). Its content must fully comply with the employment contract signed with this employee.

The issued order should be familiarized to the student employee against signature within three days from the moment he began to perform his duties at the workplace. At the request of this employee, the personnel service must issue him a copy of this order, certified accordingly.

Registration of a work book

For a full-time student whose first place of work is this, the personnel service of the enterprise must issue a work book (Part 4 of Article 65 of the Labor Code of the Russian Federation). Registration must be completed within five days from the day the student employee was hired.

Guarantees and compensation

If a full-time working student receives his education at a state-accredited university for the first time, then guarantees are provided for him to provide the necessary leave without pay for his studies (Article 173 of the Labor Code of the Russian Federation):

• when passing intermediate certification -) 15 calendar days in the academic year,
• when preparing and defending a final qualifying thesis, as well as passing final state exams -) 4 months,
• when passing final state exams -) 1 month.

If a working student studies at a university without state accreditation, then such guarantees can be stipulated in the student’s employment contract or in the collective agreement of the company where he works.

What do you need to know about hiring a student? What list of documents will be needed when hiring a student? Pros and cons of hiring a student.

Many students get their first job while studying at university. Those who have already dealt with hiring students do not have any problems with the registration, but a person who is doing this for the first time will find it useful to know all the features of the procedure, as well as the pros and cons of using students as a workforce.

Procedure for hiring a student

The formalization of working relationships with full-time students is regulated by the Labor Code. Therefore, the conclusion of an employment contract must strictly comply with the laws of the code. Absolutely all the features of drawing up and concluding an agreement are described in detail in chapters 10 and 11 of the Labor Code of the Russian Federation.

When drawing up an agreement with a student, you need to remember that, according to Article 93 of the Labor Code of the Russian Federation, he has the right to a part-time working week. And if he has not yet turned eighteen, then, according to Article 92, he cannot work more than 35 hours a week. In this case, working hours must be discussed with the student in advance. It is equally important that a person who is not yet eighteen is prohibited from assigning a probationary period in accordance with Article 70 of the Labor Code of the Russian Federation.

According to Article 67 of the Labor Code of the Russian Federation, an agreement must be drawn up in writing, and its contents must be drawn up in accordance with Article 57 of the Labor Code of the Russian Federation.

There are also personnel nuances that should be taken into account in order not to encounter problems from the labor inspectorate when carrying out a scheduled or unscheduled inspection.

Full-time students have the same rights and responsibilities as regular employees. In this case, a full-time employee has the right to work part-time. Such a student is hired in accordance with the norms of the Labor Code of the Russian Federation. If a student applies for an internship, the basis for employment is an agreement between the employer and the educational institution. But an employment contract must be concluded only when the practice is industrial.

Part-time students are admitted under the same conditions as full-time students. In the case when a part-time student receives education for the first time, he has the right to all compensation and guarantees that are listed in Articles 173 and 174 of the Labor Code of the Russian Federation. And if we are talking about obtaining education at the same level for the second time, then the employer may refuse to provide paid leave for sessions and payment for travel.

List of documents when hiring a student

In order for the employer to properly register the student, the latter must provide documents such as:

• passport;
• document confirming completion of training;
• compulsory medical insurance policy;
• work book, INN and SNILS, if any.

According to current legislation, upon first employment, the employer issues a work book for the employee, but he receives the TIN and SNILS himself.

If you need to hire a foreign student receiving education in our country, then for employment you will need a passport and a certificate of completion of education. In this case, the registration procedure is exactly the same as in the case of your own students.

Advantages and disadvantages

Despite the fact that the registration of students is more complicated, if only because it is not so common and requires studying all the nuances, by accepting such an employee, the employer receives some advantages.

First of all, it is worth saying that after graduation, most likely, the former student will remain working in the same place. In this case, the employer will receive an employee with a higher education.

An equally advantage that employers are very interested in is that a student can be paid less than an employee who occupies the same position but has a higher education.

The disadvantages include the fact that the student may be required to work less than full time. In addition, he must be released during the session, and study leave cannot be combined with the main one. Consequently, the student will work less than everyone else, but according to the law, his vacations must be paid to the same extent as other employees. At the same time, the duration of the vacation directly depends on what course the employee is studying. The shortest vacation is required for first-year students, and the longest is required for graduate students - it can be four months.

The disadvantage of using students as workers is that they have no experience. This means that they will study and work right at their workplace. Therefore, at first it is naive to expect quick and high-quality performance of duties. In addition, since we are talking about young people, there is a high risk that the student will quit his job even before he learns to do it efficiently.

Attached files

• Regulations on industrial practice (form).doc
• Characteristics of a student undergoing practical training in an organization (form).doc

Available to subscribers only

• Regulations on industrial practice (sample).doc
• Characteristics of a student undergoing practical training in an organization (sample).doc
• Order on granting additional leave with preservation of average earnings (study leave) (sample).doc

A selection of the most important documents upon request Hiring a student(regulatory legal acts, forms, articles, expert consultations and much more).

Articles, comments, answers to questions: Hiring a student

Important! Termination of an employment contract on this basis is possible if an education document confirming the availability of qualifications that allows one to perform this work was not available from the moment the contract was concluded until such a fact was discovered. Consequently, if for some reason a person was hired for work without a corresponding document on education, but before this circumstance became known to the employer, the person received the necessary education, which is confirmed by a document of the established form, then the employment contract is not terminated, since there will no longer be any obstacles to continuing work. A similar situation may arise, for example, when hiring final-year students from specialized universities, who at that time did not yet have documentary evidence of the required knowledge, but who completed their studies while working.

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The employment contract should indicate that it is fixed-term (for example, “for a certain period, in connection with full-time study”). In some cases, it is necessary to document the possibility of concluding a fixed-term employment contract with the mutual consent of the parties. So, for example, an employee who is a student can present a document indicating full-time study, and a pensioner can submit a pension certificate. The duration of an employment contract depends on the situation in which it is concluded. In the case of urgent work to prevent an accident, the completion date of the work may be unknown, therefore the employment contract indicates an event that will be the end date of the employment contract.