What documents do students need to work? How many hours can an adult full-time student work? Registration of a work book

The desire not to depend on parents and the need for money makes the student look for work. For the employer, cooperation with this category of citizens is associated with a number of features. Recruitment of a student to work without fail takes into account the form of training. If a person is studying at a full-time department of a university, it will not be possible to conclude a standard employment contract. The process must be carried out in accordance with the norms of the Labor Code of the Russian Federation.

Labor Code of the Russian Federation

The peculiarities of interaction between an employee and an employer in the Russian Federation are regulated by the Labor Code. The rules for drawing up an agreement with an employee are reflected in chapters 10-11. In accordance with article 59 of the Labor Code of the Russian Federation, if a student is studying at a full-time department of a university, the employer can only conclude a fixed-term contract with a potential employee. This is due to the fact that usually full-time students only want to find a part-time job for the summer.

Attention

If the employee has not yet reached the age of majority, a reduced working week should be established. The rule is enshrined in article 92 of the Labor Code of the Russian Federation. The condition must be reflected in the contract.

If a person has already reached the age of majority, he also has the right to ask the employer to establish a part-time work week. To do this, you will need to draw up a statement or discuss cooperation during the signing of an employment contract. The rule is enshrined in article 93 of the Labor Code of the Russian Federation.

Full time and part time

Students can work full time or part time. If a minor citizen is employed by the company, he cannot work more than 7 hours a day. Such a rule is enshrined in the Labor Code of the Russian Federation. Adult citizens have the right to ask for a part-time job of their own free will. Information about this must be mandatory reflected in the employment contract. The agreement must specify:

• what days will be considered working days;
• duration of work per day and per week;
• breaks during the performance of labor activity, if any;
• start and end time of the working day;
• weekend.

For your information

Additionally, the agreement must clearly state that the student is working part-time.

Correspondence students are usually arranged on a general basis. They are set to work full time unless they are minors. Otherwise, it is possible by prior agreement of the parties. Peculiarities of forthcoming cooperation in hiring are obligatorily documented.

Employer's obligations

The list of duties is fixed by the Labor Code of the Russian Federation. The list is relevant regardless of who is hired. The employer is obliged:

• to comply with the norms of the current legislation;
• ensure equal pay for equal work;
• provide work in accordance with the employment contract;
• provide equipment and other means necessary for the performance of labor duties;
• familiarize with local regulations;
• comply with the instructions of the Federal executive authority;
• conduct collective negotiations and conclude a collective agreement;
• provide for household needs in connection with the performance of labor duties;
• product of compulsory social insurance;
• compensate for the damage that the employee has suffered as a result of the performance of labor duties;
• consider the instructions of the trade union bodies.

Attention

There are also special responsibilities that arise only if a student is hired. So, the employer is obliged to provide student leave. If a minor citizen is hired, the company is obliged to adjust the work schedule in accordance with the requirements of current legislation.

Employer's responsibility

The Labor Code of the Russian Federation does not fix special provisions regarding responsibility when hiring a student.

Student Responsibility

The labor code applies to the student in full. If a contract is concluded with a person, he bears full financial responsibility. If the employer's property is damaged due to the fault of the employee, the student will have to reimburse its cost.

Probation

The Labor Code allows the employer to determine at will. If the company decides that a period is necessary, it will be set. The existence of a probationary period should be reflected in the agreement between the employee and the organization.

IMPORTANT

The rule applies if the student is 18 years of age. If the citizen is younger, the law does not allow for a probationary period. Cooperation should immediately be started on a permanent basis.

Vacation for students

The provision and payment of leave for a student employee is carried out in accordance with standard rules. The provision of wages is carried out in proportion to the amount of time worked. The cash payment depends on the income of a citizen for the last year.

Additional Information

Usually students receive less than other workers. This is also reflected in the amount of vacation pay.

Entry in the work book

If the student's work is the main one, and the activity will be carried out for more than 5 days, an entry must be made in the work book without fail. The rule is enshrined in article 65 of the Labor Code of the Russian Federation. The entry is made in accordance with the provisions of the Labor Code of the Russian Federation. There is no special formalization of cooperation with a full-time student.

Summer employment

If a full-time student is accepted only for the summer, a fixed-term contract is concluded. It records information about all the features of interaction with a citizen. If part-time work is established, the fact must be reflected in the agreement. The employee must be familiar with the contract. As confirmation, he presents a signature.

Employment of a full-time student who is a member of the RSO

If a student is a member of the RSO, the Labor Code of the Russian Federation does not fix a special procedure for hiring. Manipulation will be carried out on a general basis. The employer will need to take into account the age of the potential employee and discuss the specifics of the schedule.

For your information

All the nuances of cooperation are reflected in the contract. The paper must be provided to the employee for review. A person signs a contract if he agrees with all its provisions. Only after that a citizen can start working.

Employment of a part-time student

Registration of a part-time student is carried out on classical conditions. If a person receives an education for the first time, he is entitled to all the privileges reflected in the articles, the Labor Code of the Russian Federation. If a citizen decides to get an education of this level for the second time, the company may not provide the employee with paid leave to pass the session and pay for travel.

Nuances

By hiring a full-time student, the employer hopes that the citizen will continue to perform duties in the company after graduation. The organization will be able to receive trained specialists with higher education. Additionally, the institution may provide students with significantly lower wages than a full-time employee in a similar position.

Attention

Interaction with people studying in higher educational institutions is associated with a number of additional nuances. Thus, a student employee has the right to demand the establishment of a reduced working week. Additionally, a citizen will periodically leave for a session. Study leave cannot be combined with the main one. The period is paid. The organization cannot provide on study leave if the job is the main one. Rejection of the application will be considered a violation of the rights of the employee.

The student will be absent from the workplace longer than other employees. The duration of student leave can be up to 4 months. This period is set for graduates. Lesser students are absent from primary courses. The average duration of a session is 1 month.

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

Many students get their first job while studying at the university. Those who have already encountered the employment of students have no problems with registration, but it will be useful for a person who does this for the first time to learn all the features of the procedure, as well as the pros and cons of using students as a workforce.

The procedure for hiring a student

The formalization of working relations 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 the execution and conclusion of the contract 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 work 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, the working hours with the student must be agreed in advance. No less important is the fact that a person who is not yet eighteen is forbidden to appoint 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, the contract is drawn up in writing, and its content 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 run into problems from the labor inspectorate when carrying out a scheduled or unscheduled inspection.

Full-time students have the same rights and obligations as regular employees. At the same time, 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. In the event that a student is registered for practice, then 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 production.

Part-time students are issued on the same terms as full-time students. In the event that a part-time student receives education for the first time, he is entitled to all compensation and guarantees, which are listed in Articles 173 and 174 of the Labor Code of the Russian Federation. And if we are talking about obtaining education of the same level for the second time, then the employer may refuse to provide paid leave for sessions and travel expenses.

List of documents when hiring a student

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

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

According to the current legislation, at the first employment, the employer draws up 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 education. At the same time, the registration procedure is exactly the same as in the case of your 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 graduating from the university, 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 important advantage, in which employers are very interested, is that a student can be paid less than an employee occupying the same position, but with a higher education.

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

The disadvantage of using students as workers is that they have no experience. And this means that they will study and work right at their workplace. Therefore, at first, it is naive to expect a 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 work even before they learn how to do it well.

Attached files

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

Available only to subscribers

• Regulations on industrial practice (sample).doc
• Characteristics of a student undergoing an internship in an organization (sample).doc
• Order on granting additional leave while maintaining average earnings (study leave) (sample).doc

Employment of a full-time student is carried out on a general basis, guided by chapters 10 and 11 of the Labor Code of the Russian Federation.

Registration of labor relations with a full-time student of the university begins with the preparation of an employment contract. This agreement can be concluded both indefinitely and for any period not exceeding five years. In accordance with Article 59 of the Labor Code of the Russian Federation, by agreement of the parties, a fixed-term employment contract may be concluded with persons receiving full-time education.

Full-time university students are not subject to a ban on establishing a probationary period, as for university graduates who graduated less than 1 year ago, who are first applied for a job in their specialty. Therefore, you can safely make a probationary period clause in the employment contract.

Considering that it will be difficult for an employee to combine study and work, when choosing a mode, give preference to part-time work or with a free (flexible) work schedule.

If your student is under 18. “The length of working time of students of organizations engaged in educational activities, under the age of eighteen, working during the academic year in their free time from receiving education, cannot exceed half of the norms established by the first part of this article for persons of the corresponding age” .(Article 92 TC RF)

The mode of working time and rest time for a full-time student, if it does not coincide with the general rules adopted in your organization, is necessarily reflected in the employment contract.

Employment of a student o / o is issued by order, the content of which must correspond to the text of the employment contract.

With the issued order, the employee should be familiarized against signature within three days from the moment he began to perform his duties at the workplace. You can give the employee a copy of this order, certified accordingly.

For a student of the o / o, for whom this place of work is the first, the personnel service must issue a work book (part 4 of article 65 of the Labor Code of the Russian Federation). Registration is carried out within five days from the date of admission of the employee-student to work.

The employer issues an insurance certificate of compulsory pension insurance to the employee, if he does not have one, but now this certificate is often issued even during the period the child enters school / kindergarten ...

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 him with the necessary leave for studying without pay (Article 173 of the Labor Code of the Russian Federation):
when passing the intermediate certification 15 calendar days in the academic year,
when preparing and defending the final qualifying work, as well as passing the final state exams 4 months,
when passing the final state exams 1 month.
If a working student is studying at a university without state accreditation, then such guarantees can be stipulated in the student's employment contract, if they are not stipulated in the collective agreement of your organization.

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 the 1st or 2nd group, the work does not belong to the category of harmful, then he can work 40 hours a week.

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

The legislation 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 assigned part-time or flexible working hours (Article 93, Part 1, Article 102 of the Labor Code of the Russian Federation).

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

It is possible to conclude a fixed-term employment contract with a full-time student.

The student does not have 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 materials of the System:

1. Answer: Is it possible to hire a full-time student who is a full-time student. Work and study hours are the same during the day

The legislation 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, an employee or (, Labor Code of the Russian Federation).

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

Thus, an employer can accept a full-time student who combines work with study.

2. Answer: Is it possible to set a trial period for a student

The condition for testing an employee is established at the conclusion of an employment contract and only by agreement of the parties. For 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 old, the employer is not entitled to establish a probationary period for him when applying for a job. 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 the organization obliged to pay the employee study leave

Paid study leave must be provided:

Employees who study at universities in part-time, part-time (evening) form of education ();

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

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

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

The employer is obliged to provide study leave to the specified employees, regardless of how long the employee has worked in the organization. Restrictions on the length of service giving the right to study leave are not established in the legislation.

Study leave is payable only if the following conditions are met simultaneously:

An employee receives an education of this level for the first time (or the organization has sent an employee who already has an education of this level to training on the basis of an agreement concluded by it with an 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 provide educational leave to employees who study at institutions that do not have state accreditation. To do this, such a condition must be prescribed in the labor (collective) agreement (, Labor Code of the Russian Federation).

The success of training is determined by the educational institution where 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-call 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 the training (for example, a certificate of no debt), as well as wait for the end of the current session to pay for the study leave.

The organization is not obliged to provide part-time employees with study leave. The right to study leave arises for employees only 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 granted only in connection with training in one of them at the employee's choice ().

The duration of the study leave must be indicated in the call 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 holidays. The maximum length of paid study leave that an organization is required to provide to employees is given in.

Study holidays 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 holidays, including holidays, are subject to payment (Regulations, approved).

Vacation pay for an employee going on study leave must be paid three days before it starts. It does not, however, affect the duration of vacation pay. This conclusion follows from Article 136 of the Labor Code of the Russian Federation.

Nina Kovyazina

4. Answer: How to set the part-time mode

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 current working hours in the organization should be fixed in and () 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 rate (). If we are talking about a part-time working week, all non-working days in this case are reflected as days off ().

The 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.

At the same time, 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) who has a child under the age of 14 (a 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, an organization can enter part-time and.

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

At the same time, employees must be notified in writing of upcoming changes two months before they are carried out (with mandatory familiarization under the signature) (). The consent or disagreement of an employee to work part-time can, for example, be registered in the .

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

The part-time work regime may be provided for in the employment contract or established by order of the head. 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, conclude 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 contain a list of employees for whom part-time work is in effect.

An employee who is set to work part-time works less than the rest. His work is paid in proportion to the established time (or depending on the output). At the same time, the duration of the annual paid leave is not reduced, the procedure for calculating the 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 Notice

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

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

The cancellation of the part-time regime earlier than the period for which it was established must be done - if it is available in the organization ().

Nina Kovyazina

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

5. Answer: How to organize flexible working hours

Applying flexible working hours

The procedure for applying the flexible working time regime is given in 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, to:

Improving labor discipline;

The performance of the employee;

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

In continuous production;

In conditions of three-shift work in discontinuous production;

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

In the presence of other specifics of production.

Establishment of flexible working hours in the department

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

Set the summarized accounting of working hours for employees working in the flexible working hours mode, if the daily or weekly working hours provided for this category of employees () cannot be observed. Specify the procedure for applying summarized accounting in the Labor Regulations ().

Establishing flexible working hours for individual employees

It is not required to enter information on the application of the flexible working time regime into 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 the employee will differ from the generally established work regime in the organization, then:

For a new employee, include a flexible working time clause in the employment contract;

For an already working employee, draw up to his employment contract.

Such rules are established in and Article 100 of the Labor Code of the Russian Federation.). article 102, Recommendations approved .

Employees are paid extra for overtime. Any additional payments can be established in collective or labor agreements with employees. The main thing is that they should not be less than the compensation guaranteed by law (one and a half times for the first two hours of overtime and double for the next). This is stated in the Labor Code of the Russian Federation.

Can an employee combine flexible working hours and part-time working hours?

An employee can work in flexible working hours with a part-time (shift) and (or) part-time work week. The norm of the employee's working hours for the accounting period will decrease accordingly, taking into account the duration of his working week (
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In the labor legislation there are no prohibitions and restrictions on the combination of work with full-time education by university students. Therefore, any enterprise has the right to hire such employees, including full-time ones.

Employment of 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 the companies of their choice, not only in order to earn extra money for themselves, but also with the prospect that they will be able to stay in this company after graduation. At the same time, they will already have some experience in this company, and they will be able to get promoted faster.

Registration of labor relations with a full-time student of the university, as with any other employee, must begin with the preparation of an employment contract. This agreement can be concluded both indefinitely and for any period not exceeding five years.

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

Working mode

Since it is quite difficult to combine study and work, full-time students are mainly suitable for part-time work 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 worker at their discretion. For example, you can set for him both a reduced work week and part-time work or a shift at the same time. At the same time, the student employee's salary will be calculated in proportion to the time worked, or its accrual 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 establish a flexible working time regime. This mode of operation 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, the working hours, as well as the rest time for working full-time students, are negotiated by agreement of the parties for each employee individually. And if it does not coincide with the general rules adopted by this employer, then this must be necessarily stipulated in the employment contract (Article 57 of the Labor Code of the Russian Federation).

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

Admission order

Employment of a full-time student must also be issued by order (form No. T-1). Its content must fully comply with the employment contract signed with this employee.

The student worker should be familiarized with the issued order 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, for whom this place of work is the first, 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 made within five days from the date of admission of the student employee to work.

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 him with the necessary leave for studying without pay (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 the final qualifying work, as well as passing the final state exams -) 4 months,
• when passing the final state exams -) 1 month.

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