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

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

General Information on Warranties and Compensations

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

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

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

If an employee is trained in two institutions at once, compensation and guarantees can only be granted 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 simultaneously work and visit couples.

What are guarantees and compensations?

Guarantees are the methods, methods and means that are necessary to comply with the labor and social rights of employees of organizations. This includes the prevention of violations and protection from them. They can be either tangible or intangible. Payments are called cash payments. They are established to reimburse the costs to the employee, which are related to the direct performance of labor or other duties.

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

• Direction in business trip;
• Relocation due to a new place of work;
• Performance of duties of a state or public nature;
• Combining studies and work;
• Involuntary termination of work for reasons beyond the control of the employee;
• Provision of paid leave;
• When the employment agreement is terminated;
• If there is a delay in the issuance of the work record after dismissal;
• In other cases, which are provided for by the LC RF.

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

Art. 173 of the LC RF: comments

This article regulates guarantees and compensations to employees of organizations that combine training and work in the magistracy, under specialty or undergraduate programs. It also applies to applicants who are enrolled in the above programs. Article 173 of the Labor Code of the Russian Federation establishes in its first part the rights to grant additional leave while studying at universities. They are provided to all trainees.

Employers are required to give this opportunity to all employees. In the article the cases of granting leave both with preservation, and without preservation of wages are considered. This is agreed upon in addition. The subordinate, in agreement with the management, can add study leave to the annual paid one. Employers are also required to ensure, once per year, payment for travel to the educational institution. Article 173 of the Labor Code of the Russian Federation establishes the right to reduce the working time and the procedure for paying it for the period of training.

Work time

Evening and correspondence higher education is the most popular recently. It allows you to fully combine work with study. For employees who are trained in these forms, it is envisaged to reduce the working week by 7 hours for the period of passing state exams or within 10 months before passing the diploma project. The employer is obliged not only to release the subordinate from the activity for the specified reasons, but also to provide him with payment of wages in the amount of at least half of the official salary, but not lower than the minimum wage. An agreement to an employment contract for an additional day off can also be signed.

Paid holiday

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

• 40-day vacation. At this time, students can take intermediate sessions at 1 and 2 courses.
• 50 days vacation. It is necessary for attestation on 3 and subsequent courses.
• 4-month break. During this period the employee is preparing for the passing of state exams and the defense of the thesis.
• 30-day vacation. It is necessary for preparation and delivery of state examinations.

Leave without pay

Article 173 of the Labor Code of the Russian Federation regulates the conditions for granting a 15-day additional leave for training without retaining wages:

• Passing examinations when entering institutions of higher professional education;
• Classes at the preparatory courses of institutions of higher professional education at the time of final examinations;
• Passing the intermediate certification in full-time education.

Also, leave can be granted in 4 months for passing state examinations and preparing and protecting the final qualifying work.

Payment of travel

Extramural higher education in institutions that have passed the procedure of state accreditation implies another form of compensation - payment for travel. This refers to the material reimbursement of Metro services, fixed-route taxis, buses and trolleybuses. Employees who receive education in absentia, once in the school year, can be paid the road to the institution and back in full. For example, he can buy a special ticket. For employees who are trained in educational institutions of other levels by correspondence program, half of the cost of travel is paid.

Secondary vocational education

Article 174 of the labor law establishes the rights of employees who receive education in secondary professional institutions on evening and correspondence programs. Leave with preservation of wages is provided for 30 calendar days for the session period at 1, 2 courses, and 40 - for 3 and subsequent, respectively. The preparation period for the final certification can be up to 2 months. Leave without content is granted for 10 days for entrance examinations and for intermediate grades, and for state exams - up to 2 months. Employees are entitled to receive compensation in the amount of 50% of the fare to the educational institution, to require the employer to reduce the working time.

Training in different institutions

Art. 176 provides for guarantees and compensations provided to working students in the evening departments of general education institutions. Employers are required to provide paid additional leave for 9 days for education under general education programs and 22 for secondary education. At the request of a subordinate, a shorter working week can be set for him for 1 day. Also, it can be reduced by the appropriate number of working hours.

According to Art. 175 of the Labor Code, employees who successfully undergo training in institutions of primary vocational education have the right to leave for an additional 30-day paid vacation. It can be issued during a non-academic, and a calendar year. And employees who study in graduate school have the right to demand 30 days paid leave and compensation for travel expenses to the educational institution. During the working week, additional 2 days can be provided without saving wages at the request of the person. These rights are possessed only by graduate students who are trained in correspondence programs. The ovaries do not have such an opportunity. For the preparation of the dissertation and its protection, a paid leave for a period of 3 months can be granted. The legislation does not address the issues of passing entrance examinations to graduate school, so the absence of a workplace in connection with this reason must be agreed with the head of the organization.

Conclusion

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

Also, students are given time to prepare for exams, protect qualification work. Guarantees and compensation are mentioned in articles 173-177. It is important to note that the employee does not have the right to leave for study leave without basis and without coordinating the matter with the management of the enterprise. The reason for the vacations due to the training is the certificate-call of the institution. For the compulsory receipt of benefits, students of evening and correspondence programs can count. Students of daytime forms are not provided, as studies are the main activity.