Additional study leave with pay. Features of granting study holidays. Who is not entitled to student holidays

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It is provided to employees in addition to the annual basic paid leave and joins the main one.

Additional paid holidays differ in their duration, as well as on the grounds for occurrence and the procedure for granting them.

Annual additional paid leave is provided

a) employees engaged in work with harmful and (or) dangerous working conditions: in underground mining and open pit mining in cuts and quarries, in zones of radioactive contamination, in other jobs associated with an unstable adverse effect on human health of harmful physical, chemical, biological and other factors.
According to part 2 of Art. 117 of the Labor Code, lists of industries, jobs, professions and positions, work in which gives the right to additional paid leave for work with harmful and (or) dangerous working conditions, as well as the minimum duration of this leave and the conditions for its provision are approved by the Government of the Russian Federation, taking into account the opinion of the Russian tripartite commissions for the regulation of social and labor relations. However, such lists have not yet been approved. Therefore, the List of industries, workshops, professions and positions with harmful working conditions is still valid, work in which gives the right to additional leave and a shorter working day, approved by the Decree of the USSR State Labor Committee and the All-Union Central Council of Trade Unions of October 25, 1974. By the Decree of the USSR State Labor Committee and the All-Union Central Council of Trade Unions of November 21, 1975 d. approved the Procedure for the application of the List.
The right to additional paid leave are those employees, professions, whose positions are provided for in the relevant industries and shops of the List. In other words, employees who directly perform work that is expressly provided for in the List. The duration of the leave is set in the List for each job, position and ranges from 6 to 36 working days.
In addition, workers in the coal, shale, mining and certain basic sectors of the economy 3 have the right to additional annual paid leave. The duration of such leave depends on the time of work in underground conditions, in cuts, quarries and ranges from 4 to 24 calendar days.
b) certain categories of workers whose work is associated with features of the performance of work (the nature of work), annual additional paid leave is provided (Article 118 of the Labor Code).
The list of categories of employees for whom such leave is established, its minimum duration and conditions for granting are determined by the Government of the Russian Federation. So far, such a list has not been developed.
c) annual additional paid leave is granted to employees with irregular working hours. It is provided as compensation for working hours overtime. The duration of such leave is determined by the collective agreement or the internal labor regulations of the organization. The law establishes that vacation cannot be less than three calendar days. In the event that such leave is not granted, processing in excess of the normal working hours, with the written consent of the employee, is compensated as overtime work.
The procedure and conditions for granting annual additional paid leave to employees with irregular working hours in organizations financed from the federal budget are established by the Government of the Russian Federation, in organizations financed from the budget of a constituent entity of the Federation, by the authorities of the constituent entity of the Federation, and in organizations financed from the local budget - local authorities.
In accordance with Art. 119 of the Labor Code, on December 11, 2002, the Government of the Russian Federation approved the Rules for granting additional annual paid leave to employees with irregular working hours in organizations financed from the federal budget 1 .
d) The Labor Code (Article 321) provides for additional annual paid holidays persons working in the regions of the Far North, lasting 24 calendar days, and for persons working in areas equivalent to the regions of the Far North - 16 calendar days. These employees are granted this leave after six months of work with this employer.
In this case, the total duration of annual paid leave is determined by summing up the annual basic and all additional annual paid holidays.
d ) judges are granted annual additional paid leave, taking into account their length of service in the legal profession: from 5 to 10 years - 5 working days; 10 to 15 years - 10 business days; over 15 years-15 working days.

Annual additional paid leave for length of service as prosecutor or investigator, scientific or pedagogical worker is provided with: after 10 years -5 calendar days; after 15 years - 10 calendar days; after 20 years - 15 calendar days.
The length of service giving the right to grant additional leave shall also include periods of service as an intern in the bodies and institutions of the prosecutor's office. Service in other law enforcement agencies, military service, as well as work as a judge are counted in the specified length of service in a calendar calculation.

In accordance with the Decree of the Government of the Russian Federation of December 30, 1998, general practitioners (family doctors) and nurses of general practitioners (family doctors) are granted an additional three-day annual paid leave for continuous work in these positions for more than three years.

g) annual additional paid vacations may also be granted in other cases provided for by federal laws.
In accordance with Part 2 of Art. 116 of the Labor Code, organizations, taking into account their production and financial capabilities, can independently establish additional holidays for employees, unless otherwise provided by federal laws. The procedure and conditions for granting these holidays are determined by collective agreements or local regulations.

IN). Annual extra without pay

Leave without pay (Article 128 of the Labor Code) can be granted to an employee according to family circumstances and other valid reasons on his written application. The duration of such leave is determined by agreement between the employee and the employer.

This type of vacation is different in that it is provided,

- firstly, without saving wages,

- Secondly, without taking into account the length of service.

The only thing these holidays have in common is that in all cases the employee retains his place of work.

The legislator clearly regulates the very procedure for granting leave without pay. It can be provided with the permission of the head of the organization and is issued by the appropriate order (instruction).

The employer is obliged, on the basis of a written application of the employee, to grant unpaid leave:

— participants of the Great Patriotic War- up to 35 calendar days a year;

- working old-age pensioners (by age) - up to 14 calendar days a year;

- parents and wives (husbands) of military personnel who died or died as a result of injury, concussion or injury received in the line of duty military service, or as a result of a disease associated with military service - up to 14 calendar days a year;

working disabled people - up to 60 calendar days a year;

- employees in cases of the birth of a child, marriage registration, death of close relatives - up to five calendar days.
This list is not exhaustive. The employer is obliged to provide unpaid leave in other cases provided for by the Labor Code, other federal laws or a collective agreement.

In accordance with Art. 263 of the Labor Code, additional leave without pay is granted to persons caring for children.

- an employee who has two or more children under the age of 14,

- an employee with a disabled child under the age of 18,

- a single mother raising a child under the age of 14, a father raising a child under the age of 14 without a mother, the collective agreement may establish additional annual leave without pay at a convenient time for them up to 14 calendar days.

In this case, the specified leave, at the request of the relevant employee, may be attached to the annual paid leave or used separately in full or in parts. The transfer of this leave to the next working year is not allowed.
Unpaid leave is also granted:
- employees admitted to entrance exams to higher educational institutions - lasting 15 calendar days, and in the middle - 10 calendar days (Articles 173, 174 of the Labor Code);

Working in the regions of the Far North and equivalent areas - for the time required to travel to the place of use of the annual paid leave and back (part 3 of article 322 of the Labor Code);

Women - to care for a child until the child reaches the age of three years (with the payment of benefits for state social insurance); ^
- working part-time, if the duration of the annual paid leave for combined work is less than the duration of the leave at the main place of work - for the days missing before this duration (part 2 of article 286 of the Labor Code);

Employees awarded the title of Hero Soviet Union, Heroes Russian Federation, full cavaliers Order of Glory, Heroes of Socialist Labor and full holders of the Order of Labor Glory - up to three weeks a year at a time convenient for them;
- veterans of the Great Patriotic War, veterans of military operations on the territory of other states, including disabled people, labor veterans - from two weeks to one month a year.
In addition, unpaid leave is provided for by a number of federal laws, for example:

Federal Law of July 31, 1995 "On the Fundamentals of the Civil Service of the Russian Federation" - to civil servants for a period of up to one year, unless otherwise provided by federal law;

Federal Law of January 8, 1998 "On the Fundamentals of Municipal Service in the Russian Federation" - by a municipal employee for a period not exceeding one year, unless otherwise provided by federal law 5 .
In all cases, the provision of unpaid leave, regardless of their purpose and duration, must be formalized by order (instruction) of the employer. While on leave without pay, the employee may interrupt it at any time and return to work by notifying the employer in writing.

11. The procedure for granting and calculating the duration of annual paid vacations

Leave for the first year of work is granted to employees after six months of continuous work in this organization (Article 122 of the Labor Code of the Russian Federation).

By agreement of the parties, paid leave may be granted to an employee before the expiration of six months.

Before the expiration of six months of continuous work, paid leave at the request of the employee must be granted:

- for women - before maternity leave or immediately after it;

- employees under the age of 18;

- employees who have adopted a child (children) under the age of three months;

In other cases provided for by federal laws.
As for leave for the second and subsequent years of work, it can be provided at any time of the working year in accordance with the order of granting annual paid holidays established in this organization. Consequently, the order of granting paid holidays is determined in the organization annually in accordance with the vacation schedule, which is approved by the employer, taking into account the opinion of the elected trade union body of this organization no later than two weeks before the start of the calendar year. The vacation schedule is mandatory for both the employee and the employer. The employer must notify the employee of the start of the holiday no later than two weeks before it starts.

- minor workers under 18 years of age (Article 267 of the Labor Code),

- women can use the annual basic leave before the maternity leave or immediately after it (Article 260 of the Labor Code).

— Participants of the Great Patriotic War, workers affected by the disaster at Chernobyl nuclear power plant have the right to use the leave at a convenient time for them

The wives of servicemen have benefits in relation to the use of leave. They have the right to demand leave at the same time as the husband's next leave. At the request of the husband, annual leave is granted to him during the period when his wife is on maternity leave, regardless of the time of his continuous work in this organization.

An employee working part-time is granted annual paid leave simultaneously with leave for the main job.
If an employee at a part-time job has not worked for six months, then leave is granted to him in advance. In cases where the duration of the annual paid leave at part-time work is less than the duration of the leave at the main place of work, the employer, at the request of the employee, grants him unpaid leave of the appropriate duration.

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Study leave order

Educational leave is granted to an employee if there is a certificate-call from an educational institution, if the institution itself has a state license for the provision of educational services, and the education received is the first.

To receive paid study leave, an employee should write an application for leave, attach a call certificate to it, and then transfer these documents to the personnel department.

The head is obliged to provide leave in connection with studies and pay for it. Vacation pay is calculated as follows.

The manager must approve the order to grant study leave to the employee.

Primary Menu

The order indicates the type of vacation, its duration. For registration, you can use the standard form T-6. You can download the form of this form, as well as a sample of filling out an order when you go on vacation in connection with your studies, at the end of the article.

A sample of filling out an order for study leave on the example of form T-6

In the standard form T-6 fill in the following lines:

company name, OKPO;
number and date of the order - an individual number is assigned when registering in the register for administrative documents for personnel, the current date is indicated;
in the line "provide leave" they write the full name of the employee in the dative case, indicate his personnel number, division and position of the employee;
in section B they write the name of the vacation "training";
fill in the number of calendar days of vacation, according to the certificate-call from the educational institution;
write the start and end dates of the vacation;
in section C, the information is repeated from section B.

If, along with the study leave, the employee also draws up the main paid one, then section A must also be filled out, in this case section C will contain the sum of the data from sections A and B.

The completed order form is signed by the head, handed over to the employee for review.

Based on the order, the personnel officer makes an entry in the T-2 personal card, in the T-54 personal account (if any). The order itself is included in the documents of the personal file.

You can use a non-standard order form for registration, employers can independently develop a convenient form.

Download Sample

Order on granting leave form T-6 form - download.

Order for study leave sample filling T-6 - download.

It is extremely important for part-time students to be able to visit their university or institute as soon as the session begins. It does not matter the age of the student. Education can be pursued at any age. The older you get, the more you need to work. That is, according to statistics, there are many more part-time students who are in the age range from 30 to 35 years old, who still continue to study, but at the same time have a fairly prestigious job.

In any case, a part-time student must be granted study leave. But the fact is that the legislation does not provide for all situations that make it possible to combine work and study. For example, the law contains a reference to the fact that only an organization that is the main one for its employee can provide an employee with leave. It means that if an employee works part-time, then he will not take paid leave, but time off at his own expense. At the same time, such an alignment is possible only if such conditions are provided for in the employment contract.

Labor Code of the Russian Federation | Chapter 19 Annual paid holidays

That is, if the contract does not contain information that the employee can take some free time at his own expense to study at a university, the employer may not let him go to study. If, nevertheless, the employee was granted leave, then he, at his own request, can stop him and begin to fulfill his direct duties related to work.

Also an interesting nuance is that vacations should not overlap each other.

For example, if an employee is on maternity leave, but at the same time continues to study and he needs leave for the duration of the session, then he will have to refuse some of the leaves. But there are situations when in some organizations the annual leave is set in advance. So coincides that this vacation falls on the session. Then a decision can be made to shift the main vacation until the end of the training one. But this outcome is possible only upon agreement with the management of the enterprise, since the employee cannot arbitrarily decide that the holidays are combined.

There are some unscrupulous organizations that confuse study and annual leave. That is, if an employee was granted study leave, then he is denied annual leave. It's actually illegal. The law implies that study leave does not deprive an employee of the opportunity to use annual paid leave.

How is it happening granting study leave to part-time students

The time for which an employee can take study leave is calculated in calendar days. This amount includes weekends and holidays. Total number vacation days should not be more than the established norm. Also, the leave cannot be divided into several parts, and the employer does not have the right to cancel the study leave for his employee if the decision on it has already been made. There is another difference between study leave and annual leave. In the case of the second, it can be extended upon agreement with the management. There is no such opportunity for leave during the session.

There are many situations when an employee falls ill during study leave. Then, in order to receive an increase in payments, he draws up a sick leave. But in fact, the management of his enterprise should not pay him for sick leave in the event that he has still ended his study leave. As soon as it comes to an end, the employee has the right to apply for sick leave from the day when his study leave ended.

Some employers, in order not to let the employee go to study, offer him monetary compensation. In fact, this cannot be done. The fact is that study leave is not free time, but an opportunity to get an education. The employer must understand this.

Registration of study leave

To apply for study leave, an employee of the enterprise must write an application addressed to his boss. He attaches a certificate to this application - a call from the university.

It spells out clear deadlines when a student has a session. The employer must grant leave in accordance with these terms. If we are talking about the annual session, then the student must write in the application that he needs a vacation to receive an intermediate certification.

Reduction of working hours

Before a student takes the final state exams at his university and defends his diploma, he has the right to demand that his working day be reduced. In fact, the day can be shortened starting from 10 months before the start of the exams. In this case, the working week can be reduced by seven hours. This time is paid twice less. In this case, the employer and employee set a period of time reduction. For example, it can be a few hours a week every day, or just one free day a week and other options.

It is not always possible to initially get an education and a profession, and then get a job. Sometimes, it turns out that there is already a job, but because of the desire to get another position, or improve their skills, the employee takes entrance exams to study at a higher, secondary or primary vocational educational institution. The Labor Code of the Russian Federation provides for a number of guarantees and compensations that protect the rights of workers who combine study and work.

Guarantees and compensations to employees who are studying in educational institutions full-time, part-time or part-time are provided in accordance with Art. 287 of the Labor Code of the Russian Federation only at the main place of work. Mandatory conditions for the provision of these guarantees and compensations are the state accreditation of the educational institution and the successful development of the educational program by the student.

State accreditation is a procedure for the recognition by the state, represented by state authorities, of the status of an educational institution. Accreditation of universities occurs every five years.

Successful mastering of the educational program by the student - the complete absence of debts for the previous semester (course), admission of the student to the session, subject to the passing of all tests, the completion of all work in disciplines and subjects curriculum. Confirmation of the admission of the student is provided to him by the educational institution, and then to the employer, a certificate-call. The form of this certificate is approved by the Order of the Ministry of Education of the Russian Federation. For the period of student leave for the preparation and passing of the session, the employee retains remuneration, calculated from the average earnings and calculated in accordance with the rules for calculating payment for the main vacation.

Regardless of whether you have completed a vocational primary, secondary, or higher education and the relationship of this education to the type and type of activity of the student, guarantees and compensations will apply to him only when receiving education at the appropriate level for the first time.

That is, obtaining a second higher, secondary or primary vocational education does not give those who combine work and study the opportunity to take advantage of the guarantees and compensations provided for in Chapter 26 of the Labor Code of the Russian Federation.

If the employee already has an education of the appropriate level, then only when the employer sends him for training, all guarantees and compensations for him will be preserved, about which a written agreement must be reached between the employee and the employer, which is fixed by the training agreement.

By agreement between the employee and the employer, additional holidays (Articles 173-176 of the Labor Code of the Russian Federation) may be accompanied by annual paid holidays.

Guarantees and compensations apply to an employee who combines work and education at two educational institutions at once, only for training in one of them.

Terms of student leave for higher educational institutions

Correspondence form of education (Article 173 of the Labor Code of the Russian Federation):

1-2 course intermediate certification - a total of 40 calendar days per year;
2 course and subsequent - in total for the year 50 calendar days;
2 course intermediate attestation (subject to passing the training on the accelerated program) - 50 calendar days;
change state exams- 1 month;
passing the final state exams and preparing, defending the graduation qualifying work- 4 months.

Full-time education (Article 173 of the Labor Code of the Russian Federation):

passing the final state exams - 1 month;
passing of intermediate certification - 15 calendar days per year;
preparation and defense of qualification work, state. exams - 4 months.

Terms of student leave for secondary educational institutions

Correspondence form of education (Article 174 of the Labor Code of the Russian Federation):

1-2 course intermediate certification - a total of 30 calendar days per year;
subsequent courses - 40 calendar days;
delivery of the final state. examinations and preparation, defense of the final qualifying work - 2 months;
passing the final state exams - 1 month.

Full-time education (Article 174 of the Labor Code of the Russian Federation):

intermediate certification - 10 calendar days per year;
final state. exams - 1 month;
preparation and defense of qualification work, state. exams - 2 months.

Terms of student leave for students in institutions of primary vocational education (Article 175 of the Labor Code of the Russian Federation)

all courses - 30 calendar days per year.

Student leave for students of primary, secondary and higher vocational educational institutions is provided for a specific purpose (session, state exams, diploma defense, etc.), that is, they are targeted, therefore, must be used on time.

Additional leave with pay

A student who did not use student leave to participate in the session loses the right to it. The presence of a valid reason for the student's absence from the session, for example, due to illness, moves his student leave for the period specified in the new call certificate. Most often, student leave is granted to participate in the session for a certain number of consecutive days, but in some cases, educational institution may allow the student to complete coursework, laboratory works, take exams and tests during the intersessional period, then the study leave can be used by the student in parts. The breakdown of student leave must correspond to the total number of days set for the session.

Payment of wages for the period of student participation in the session is carried out before the start of the student leave. Failure by a student to pass tests or exams does not give the right to withhold payment for student leave from his subsequent salary.

According to paragraph 3 of Art. 17 of the Law on Vocational Education, persons combining work and study absentee form, enterprise once a academic year must pay for travel to the location of the educational institution and back. Such travel can be paid twice if the student has the right to 2 different vacations in a calendar year. For example, leave to pass the final state exams and to take course exams for the last year. The time spent on travel is not included in the total duration of the vacation and is not paid accordingly.

Everyone has the right to study without leaving work or work. Very often, employers sin by not paying their employees the compensations assigned to them in the Labor Code of the Russian Federation or refusing to provide student holidays guaranteed by law. Regardless of the organizational form of the enterprise, organization or institution, every employer is obliged to honor and comply with the laws of the country in which he works.

To solve a difficult situation when you are denied student leave or refuse to pay for this leave, you should seek the help of a labor lawyer who can fully explain to those who combine work and study their rights, and tell you how to justify this right careless employer. The assistance of a labor lawyer is your opportunity to take advantage of the guarantees of the Labor Code.

Sincerely,

Lawyer Victoria Derzhavina

All complex HR issues

6.2. How to take study leave

The whole complex of guarantees and compensations for employees who combine work with education is expressed in providing them with more free time from work for successful study and advanced training. They are installed in 26 (Article 173 - 177) of the Labor Code of the Russian Federation, as well as the Federal Law "On Higher and Postgraduate Professional Education" of August 22, 1996 N 125-FZ. Such guarantees and compensations are special, relate to the institutions of working time and rest time and reflect additional guarantees of the right to rest for this category of workers.

An employee can learn:

1) in higher educational institution(institute, academy, university);

2) in an educational institution of secondary vocational education (college, technical school);

3) in an educational institution of primary vocational education;

4) in an evening (shift) general education institution.

Guarantees and compensations provided for by the Labor Code of the Russian Federation are provided only if the educational institution has state accreditation, and the employee is successfully studying in it.

In accordance with Art. 177 of the Labor Code of the Russian Federation, guarantees and compensations to employees who combine work with education are provided when they receive an education of the appropriate level for the first time.

By agreement between the employer and the employee, annual paid holidays may be added to additional holidays for this category of employees.

An employee who combines work with education simultaneously in two educational institutions is provided with guarantees and compensations only in connection with training in one of these educational institutions at the choice of the employee.

Employees studying for full-time training in educational institutions of higher professional education with state accreditation, once a school year, the employer pays for travel to the location of the relevant educational institution and back, and for employees studying by correspondence in educational institutions of secondary vocational education, in the amount of 50 percent of the fare .

Trainees, where appropriate, are provided with:

1) additional leave with the preservation of average earnings;

2) leave without pay.

Additional leave with the preservation of average earnings is provided by the Labor Code of the Russian Federation:

1) when studying at a higher educational institution in the correspondence or evening department:

a) for passing tests and exams in the first and second years - 40 calendar days each, for each of the subsequent courses - 50 calendar days each (when mastering the basic educational programs in a shortened time in the second year - 50 calendar days);

2) when studying at an educational institution of secondary vocational education in the correspondence or evening department:

a) for passing tests and exams in the first and second years - 30 calendar days, for each of the subsequent courses - 40 calendar days;

b) for the preparation and defense of a diploma and passing the final state exams - 2 months;

c) for passing the final state exams - 1 month;

3) when studying at an educational institution of primary vocational education: for passing exams - for 30 calendar days within one year;

4) when studying in an evening (shift) general education institution:

a) for passing the final exams in the 9th grade - 9 calendar days;

b) for final exams in grade 11 (12) - 22 calendar days.

Unpaid leave is granted (art.

Art. 173 - 176 of the Labor Code of the Russian Federation):

1) upon admission to a higher educational institution:

a) employees admitted to entrance examinations - 15 calendar days;

b) employees - students of preparatory departments of higher educational institutions to pass final exams - 15 calendar days;

2) when studying at a higher educational institution at day department:

a) for passing exams and tests - 15 calendar days in the academic year;

b) for the preparation and defense of a diploma and passing the final state exams - 4 months;

c) for passing the final state exams - 1 month;

3) upon admission to an educational institution of secondary vocational education for employees admitted to entrance examinations - 10 calendar days;

4) when studying at an educational institution of secondary vocational education in the full-time department:

a) for passing exams and tests - 10 calendar days per academic year;

b) for the preparation and defense of a qualifying work and passing the final state exams - 2 months;

c) for passing the final exams - 1 month.

To obtain legal guarantees before leaving for the session, the student must write an application and bring a certificate of call from a secondary specialized institution in the form approved by the Order of the Ministry of Education of Russia dated December 17, 2002 N 4426 “On approval of the forms of a certificate of call, giving the right to provide at the place work of additional paid leave and other benefits associated with studying at a secondary specialized educational institution with state accreditation. These certificates indicate for what period the employee needs vacation. The proof that a person really took the exams is a confirmation certificate (tear-off part of the call certificate), which the administration of the university, college or technical school fills out after the end of the session and certifies with a seal.

Remuneration of employees who combine work with training.

Guarantees and compensations that are provided to employees who combine work with training are discussed in Ch. 26 of the Labor Code of the Russian Federation. As stated in Art. 177 of the Labor Code of the Russian Federation, these benefits are provided only to those who receive an education of the appropriate level for the first time.

If an employee, in addition to work, has time to study simultaneously in two educational institutions, then guarantees and compensations are provided only in connection with training in one of these educational institutions. Which one is chosen by the employee.

By agreement between the employer and the employee, annual paid holidays may also be added to additional holidays provided for in connection with training. But in order to receive additional leave, it is necessary that the employee's training is successful, that is, without debts.

In accordance with Art.

Chapter 19

287 of the Labor Code of the Russian Federation, guarantees and compensations to persons combining work with education are provided to employees only at their main place of work.

Please note that if the educational institution where the employees study does not have state accreditation, then the guarantees and compensations provided are established by the collective or labor agreement.

In addition, the employer has the right to conclude a student contract with a job seeker for professional education, and with an employee of this organization - a student agreement for retraining on the job. This is the subject of ch. 32 of the Labor Code of the Russian Federation. At the same time, training takes place in the organization itself, and not in an educational institution.

Apprenticeship time during the week should not exceed the norm of working time, which is established for workers of a certain age, profession, specialty in the performance of relevant work.

During the period of apprenticeship, the employer pays students a stipend, the amount of which is determined by the student agreement and depends on the profession, specialty, qualification received. At the same time, the amount of the scholarship cannot be lower than the minimum wage established by federal law. In addition, the work performed by the student in practical classes must be paid according to the established rates.

A situation is possible when an employer sends an employee for advanced training with a break from work. Then, in accordance with Art. 187 of the Labor Code of the Russian Federation at the main place of work, the employee retains his place of work (position) and the average salary. And if an employee has to go to another area to improve his qualifications, the employer pays him travel expenses in the same manner and in the same amount as when he is sent on a business trip.

Article 179 of the Labor Code of the Russian Federation establishes that if there is a reduction in the number or staff of employees in an organization, then with equal labor productivity and qualifications, employees who improve their qualifications in the direction of the employer on the job are among those who are given preference in leaving work .

Guarantees and compensations for employees who combine work with education in educational institutions of higher professional education, and for employees who only enter these educational institutions, are defined by Art. 173 of the Labor Code of the Russian Federation.

And those employees who were sent for training by the employer, and those who entered independently in educational institutions with state accreditation (regardless of their organizational and legal forms), in correspondence and part-time (evening) forms of education, if they are successful in them are trained, 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, for each of the subsequent courses, respectively, 50 calendar days, and when mastering the main educational programs of higher professional education in a shortened time in the second year - 50 calendar days;

- for the preparation and defense of the final qualifying work and passing the final state exams - four months;

- admitted to entrance examinations in these educational institutions - 15 calendar days;

- students of the preparatory departments of these educational institutions to pass the final exams - 15 calendar days;

- students in them full-time, combining study with work, for passing intermediate certification - 15 calendar days in the academic year, for preparing and defending the final qualifying work and passing the final state exams - four months, and for passing the final state exams - one month.

For those employees who study in absentia in state-accredited educational institutions of higher professional education, the employer pays travel expenses to the location of this educational institution and back once in the academic year.

At the request of employees studying in correspondence and part-time (evening) forms of education in these educational institutions, they may be given a working week reduced by seven hours for a period of ten academic months before the start of a graduation project (work) or before passing state exams. But by agreement of the parties to the employment contract, instead of reducing the length of the working day during the week, it is also possible to provide the employee with one day off from work per week. At the same time, during the period of release from work, employees are paid 50% of the average earnings at their main place of work, but not less than the minimum wage.

The provision of additional guarantees and compensations to applicants for postgraduate studies, postgraduate students, applicants and doctoral students is currently regulated by Federal Law No. 125-FZ of August 22, 1996. In accordance with Art. 423 of the Labor Code of the Russian Federation, it is applied to the extent that it does not contradict the Labor Code of the Russian Federation.

Thus, employees admitted to entrance examinations to postgraduate studies are granted leave of 30 calendar days with the preservation of the average wage.

Those already enrolled in postgraduate studies by correspondence study are entitled to the same additional leave each year. At the same time, the time spent on travel from the place of work to the location of the graduate school and back is added to the annual additional leave of the graduate student, while maintaining the average salary. The cost of travel is paid by the employer. In addition, graduate students have the right to one free day from work per week with payment in the amount of 50% of the salary received, but not less than 100 rubles.

The employer organization has the right to provide graduate students at their request in the fourth year of study with no more than two additional free days from work per week without pay.

Doctoral students retain all the rights at the place of work that they had before entering doctoral studies, as well as the right to return to their previous places of work.

To complete dissertations for competition degree Candidate of Sciences, employees are granted leave with pay for three months (for the degree of Doctor of Science - six months) in the manner prescribed by the regulations on postgraduates, doctoral students and applicants.

In Art. 174 of the Labor Code of the Russian Federation lists guarantees and compensations for employees studying in educational institutions of secondary vocational education and entering these educational institutions.

And those employees who were sent for training by the employer, and those who entered independently in these educational institutions that have state accreditation (regardless of their organizational and legal forms), in correspondence and part-time (evening) forms of education, if they are successful in they are trained, the employer provides additional leave with the preservation of average earnings:

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

- for the preparation and defense of the final qualifying work and passing the final state exams - two months;

- for passing the final state exams - one month.

The employer is obliged to grant unpaid leave to the following employees:

- admitted to entrance examinations in these educational institutions - 10 calendar days;

- students in such educational institutions in full-time education, combining study with work, for passing intermediate certification - 10 calendar days in the academic year, for preparing and defending the final qualifying work and passing the final state exams - two months, for passing the final exams - one month.

Employees who study in absentia in state-accredited educational institutions of secondary vocational education, once a school year, the employer pays for travel to the location of this educational institution and back in the amount of 50 percent of the fare.

For those employees who study part-time (evening) and part-time forms of education in such educational institutions, within ten academic months before the start of a graduation project (work) or passing state exams, a working week is set at their request, reduced by 7 hours.

During the period of release from work, these workers are paid 50 percent of the average earnings at their main place of work, but not less than the minimum wage. At the same time, by agreement between the employee and the employer, the reduction of working time is possible in two ways: either the employee is provided with one free day per week, or the length of the working day is reduced during the week.

Employees who successfully study at state-accredited educational institutions of primary vocational education, regardless of their organizational and legal forms, are provided with additional leaves with the preservation of average earnings only for passing exams for 30 calendar days within one year in accordance with Art. 175 of the Labor Code of the Russian Federation.

In accordance with Art. 176 of the Labor Code of the Russian Federation, those employees who successfully study in state-accredited evening (shift) educational institutions, the employer must provide additional leave with the preservation of average earnings for passing final exams in the ninth grade - 9 calendar days, and in the eleventh (twelfth) grade - 22 calendar days. The provision of additional holidays does not depend on the legal form of the educational institution.

At the request of employees studying in evening (shift) general educational institutions, during the academic year they may be given a working week reduced by one working day, or a working day reduced by an appropriate number of hours during the week. During the period of release from work, these workers are paid 50 percent of the average earnings at their main place of work, but not less than the minimum wage.

Example. An employee with a higher education is studying at an educational institution of higher professional education (having state accreditation) by correspondence. Upon returning from study leave, the employee submitted an application for compensation for the cost of travel to and from the place of study in the amount of 2,500 rubles. with the application of railway tickets confirming the expenses incurred (2500 rubles), as well as a certificate of summons from an educational institution. Based on the order of the head of the organization, the employee was fully compensated for the cost of travel, compensation was paid from the cash desk.

Guarantees and compensations for employees who combine work with training are established by Ch. 26 of the Labor Code of the Russian Federation.

For employees studying by correspondence in educational institutions of higher professional education with state accreditation, the employer pays for travel to the location of the corresponding educational institution and back once in the academic year (Article 173 of the Labor Code of the Russian Federation).

At the same time, guarantees and compensations for employees who combine work with education are provided upon receiving an education of the appropriate level for the first time (Article 177 of the Labor Code of the Russian Federation).

In the case under consideration, an employee who has a higher education and is newly studying at an institution of higher professional education is compensated for the cost of travel to and from the place of study not on the basis of the Labor Code of the Russian Federation, but on the basis of the order of the head.

The following entries are made in the accounting records of the organization:

Debit 91, sub-account "Other expenses", Credit 73

— 2500 rub. - reflected in the composition of other expenses compensation for the cost of travel to the place of study and back.

An employee's income in the form of compensation for the cost of travel to and from the place of study is taken into account when determining the tax base for personal income tax (PIT) (clause 1, article 210 of the Tax Code of the Russian Federation).

In the case under consideration, as mentioned above, the expenses in the form of payment for the cost of travel to and from the place of study are carried out by the organization not on the basis of the Labor Code of the Russian Federation. Consequently, these expenses are not taken into account for the purposes of taxation of profits (clause 29, article 270 of the Tax Code of the Russian Federation).

Accordingly, compensation for the cost of travel to and from the place of study is not recognized as an object of taxation for the unified social tax (clause 3 of article 236 of the Tax Code of the Russian Federation) and insurance premiums for compulsory pension insurance (clause 2 of article 10 of the Federal Law of December 15, 2001 . N 167-FZ).

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The procedure for granting study leave

How is study leave calculated?

Conditions for granting study leave

Duration and payment of study leave

Study leave when studying at a higher educational institution (HEI)

Study leave while studying at a secondary vocational institution (vocational school)

Registration of study leave

Despite the age category and the position held by the employee, it is quite common for him to study somewhere. This may be an option for obtaining a first or second higher education, taking advanced training courses, and much more. In this regard, the law states that the worker has the right to receive leave from his employer for study.

However, it should be noted that you can get such time for training only at the place of your main job, part-time workers are not granted such leave. Also, study leave is not tied to other types of leave and can be taken even while in any of them, provided that the leave is interrupted for the period of study leave. But here it all depends on the desire of the leadership. In the event of the coincidence of study leave and annual leave, the employer has the right to refuse to grant study leave and send the employee on his next annual leave.

If the worker is studying in several different institutions, he has the right to take only one study leave at his discretion.

How is study leave calculated?

Like any other type of vacation, training is calculated using a system of calendar days. But despite such a standard approach, unlike the annual regular vacation, for example, any public holidays do not affect its duration, and accordingly, it is not extended for them.

Vacation can be taken several times a year as needed, subject to the maximum possible number of days. In addition, the employer has all legal rights, if necessary, and with the consent of the employee, to recall him to perform his labor duties in the organization.

As mentioned earlier, it does not extend for holidays, and also not extended for sick leave, and moreover, being on it during the period of study and at the same time being on regular annual leave, it is not payable by the employee.

However, if, for example, a situation arises that the worker did not go to work at the end of the study leave workplace due to the fact that his sick leave has not yet been closed, from that moment sick leave begins to be paid in accordance with the general rules for calculating such payments.

Each employee should know that his management has no legal grounds to offer him any types of monetary compensation instead of study holidays, or even refuse to provide the latter. This is due to the fact that, according to the law, the employee receives this leave not as one of the types of rest, but as a time for the possibility of exercising his right to receive education.

In addition to all of the above, the management of the organization in which a person who is studying on a part-time basis works, once a year is obliged to pay him the way to him both ways, but on condition that he receives a higher or secondary professional education. For the first group of students the sum is 100%, for the second only 50%.

Conditions for granting study leave

Since the right to use it is spelled out directly in the law, it is quite logical that it also stipulates the main points that are mandatory for compliance. can be attributed to them. Firstly, the fact that an organization that provides educational services for a worker must necessarily have documents confirming its state accreditation. In order to confirm this, a copy of the certificate provided to the employer is used. In addition, an indication of the details of this accreditation is indicated in the certificate of the call to the session, which is also quite sufficient.

Secondly, you can use the possibility of this type of absence from the workplace only by receiving the first education at this level. For example, the first secondary specialized, higher, etc. If this is the second education at the same level, all the rights of the employee are retained to receive educational leave, with the exception of the obligation of the management to provide it once a year, in such a situation the employer will decide everything. However, there are several nuances in terms of education levels. Therefore, it is necessary to address this issue in fairness to the Federal Law of the Russian Federation "On Education in the Russian Federation". Because it important point, then it must also be reflected in the help of the call.

Thus, in accordance with the current legislation, study leave when receiving a second higher education may not be granted and not paid. At present, when studying at a university or institute (academy), a student received not a specialist diploma, as before, but a bachelor's or master's degree. That is, training is carried out according to a two-stage system (bachelor's and master's degrees).

Therefore, if an employee who has a bachelor's degree, after getting a job, enters a master's program, this will not be considered a second higher education, but a higher education (the second stage of the first higher education). In this case, the law guarantees the student's right to receive paid study leave.

Thirdly, one of the conditions specified in the law is successful study. Despite the fact that there are no more clarifications in the law, in practice, most often successful education means the absence of academic debts for previous semesters of study.

Duration and payment of study leave

Since the type of education is different, it is quite natural that the law establishes not only the possibility of receiving leave, but also the moment for how many days the worker can take it and how exactly he will pay for it by the employer.

If these are various entrance tests, as well as passing state exams or other final or intermediate certification, then this type of vacation is not paid and is provided only in the amount of 15 days, for state. exams, it can be extended up to 1 month, depending on their number. For writing and defending a diploma, vacation is not paid, but provides for up to 4 months.

Depending on the type of educational institution, the duration of the vacation is different.

Study leave when studying at a higher educational institution (HEI)

The average salary remains the same when passing inter-course exams or training in an abbreviated form, vacation periods in such cases vary from 40 to 50 days. If a person is a scientific or pedagogical worker, then at the time of raising the level of his education, he can receive a vacation in the amount of one month plus the time spent traveling to the place of study. In this case, he also receives his average wage. When defending a dissertation, the term is increased to 3 months. All of the above is relevant if the employee is studying at a higher educational institution.

Study leave while studying at a secondary vocational institution (vocational school)

In the case of secondary vocational education, wages are also saved when passing intercourse exams, state certification, and the period can be from one to two months. In addition, there are benefits for people who receive basic general education. Here you can take days in the amount of 9 to 11 when passing the state.

With pay

certification, depending on the type of education.

Registration of study leave

As noted earlier, the employee is obliged to provide his organization with a call certificate, which is attached to the corresponding application. This application is written in free form, with the obligatory indication of the purpose of this type of vacation. There are special requirements for the certificate-call, in addition to what has already been noted earlier, there must be a period during which the training session will take place. Based on these documents, an order is issued in which the employee puts his signature.

If an employee is studying, then at his request, the employer is obliged to provide him with study leave. However, do not rush to pay. Perhaps the employee is entitled to only unpaid leave.

Many companies have employees who combine work with training. In accordance with the law, these employees are entitled to study leave. You will not find the term "study leave" in the Labor Code. It deals with additional holidays with the preservation of average earnings and holidays without pay for employees who combine work with education, and employees entering training. However, it is common to call study leave all those holidays that are provided to employees for various purposes related to education. Such holidays are established by Chapter 26 of the Labor Code.

So, study leave can be:
- paid (additional leave with the preservation of average earnings);
- unpaid (vacation without pay).

Who is eligible for study leave?

According to the provisions of the Labor Code *(1), study holidays are granted to those employees who receive a certain level of education. The right to paid study leave arises under the following conditions:

- the employee learns successfully;
- the educational institution has state accreditation;
- the employee receives education of this level for the first time.

Let us consider separately each of these conditions, as well as the difficulties that arise in their implementation.

Studying successfully. The Labor Code does not disclose the content of the concept of "successful mastering of the educational program". Usually, speaking about the success of training, they mean the absence of debts in subjects or “failures” in the grade book. In any case, the implementation of current monitoring of students' progress is within the competence of the educational institution. Therefore, the success of training is confirmed by a certificate-call, and the requirement to provide a record book or other documents on academic performance on the part of the employer is unlawful.

State accreditation. Of course, employees who combine work with education in educational programs that have state accreditation have the right to study leave.

But there is an exception. Educational leave (paid or unpaid) can also be granted to those who study in educational institutions that do not have state accreditation. For this this condition it is necessary to register in the labor or collective agreement * (2). If the employer has sent the employee to such off-duty training, the employee is provided with guarantees and compensations provided for by the Labor Code *(3).

Requirement to receive education for the first time. If an employee is studying at a technical school, college or institute for the first time, then there are no questions. But there are cases, although at first glance not so obvious, when the education received is also considered the first.

For example, if an employee has previously received an education of the appropriate level, but did not complete the training, that is, did not receive a diploma, then the education he is currently receiving at the same level for the purpose of granting study leave is considered the first.

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.

The only exception when study leave (both paid and unpaid) can be granted to an employee who already has a vocational education of the appropriate level is the direction for training by the employer in accordance with an employment contract or a student agreement concluded in writing * (4) .

Non-core training

If the specialty in which the employee is studying is non-core for the company, the employer does not have the right to refuse to grant study leave to the employee, since the Labor Code does not link the provision of study leave with the specialty that the student receives. If the employee is sent for training by the employer in a certain specialty, then the transition to another specialty is not possible.

If a part-time student is studying

Part-time students are not granted study leave. The right to study leave arises only at the main place of work * (5). In relation to part-time work, such an employee, on the basis of his application, may be granted ordinary leave without pay * (6). If an employee studies at the same time in two organizations that carry out educational activities, then leave is due in connection with training in only one of these organizations at the choice of the employee * (7).

When is study leave paid?

Employees who study part-time or in the evenings under state-accredited bachelor's, specialist's, master's, secondary vocational education programs are entitled to paid study holidays * (8). Paid study holidays are provided in calendar days.

Higher education (academy, university, institute) Bachelor's degree, specialist's degree, master's degree. Correspondence, part-time (evening) form of education Intermediate certification (session) for the first and second years 40 calendar days
Intermediate certification in the third and subsequent courses 50 calendar days
Mastering the program in a shortened time frame in the second year 50 calendar days
Final certification (passing state exams, preparing and defending a diploma) Up to 4 months in accordance with the curriculum
Postgraduate (adjuncture). Distance learning Education Annually 30 calendar days + time spent on travel from the place of work to the place of study and back
Completion of the dissertation for the degree of Candidate of Sciences 3 months
Residency, assistantship - internship. Distance learning Education Annually 30 calendar days + time spent on travel from the place of work to the place of study and back
Applicants for the degree of Candidate of Science Completion of the dissertation for the degree of Candidate of Science 3 months
Secondary professional (technical school, college) Correspondence, part-time (evening) form of education
Intermediate certification (session) for the first and second courses 30 calendar days
Intermediate certification in the third and subsequent courses 40 calendar days
Final certification (passing state exams, preparing and defending a diploma) Up to 2 months in accordance with the curriculum
Basic common ( night school) Part-time (evening) form of education Final certification (final exams after grade IX) 9 calendar days
Secondary general (evening school) Part-time (evening) form of education Final certification (final exams after XI (XII) class) 22 calendar days

Study leave payment procedure

For the period of paid study leave, the employee retains average earnings. It is calculated in the manner prescribed for the payment of vacations provided in calendar days. Average earnings are paid for all calendar days, including holidays, falling on the period of study leave provided in accordance with the call certificate. Study leave must be paid no later than three days before its start*(10). Please note that crediting study leave after the end of the session and providing the employer with a confirmation certificate is illegal. For violation of the deadline for paying vacation pay, the employer is liable * (11). It does not matter whether the employer is to blame for the delay in payment or not.

Important! There have been changes in the provision of educational paid holidays to employees who combine work with education in educational institutions of higher and secondary vocational education. Additional leave with the preservation of average earnings for passing the final state exams with a duration of 1 month from September 1, 2013 is not provided * (12).

The consequences of not providing a confirmation certificate or presenting such a document in which violations are noted (in particular, failure to appear for exams) are not directly defined by labor legislation.

Having identified the misuse of study leave, the employer may require the employee to voluntarily return vacation pay. At the same time, if the employee refuses to fulfill this requirement, it is impossible to deduct vacation pay from wages, since the Labor Code does not provide for such a basis for deduction * (13). The employer can apply to the court with a claim for the recovery of the overpaid amount, but given the lack of direct provisions in the law, it is problematic to predict the outcome of the trial.

Do not forget that the provision of guarantees and compensations to employees who combine work with training is the obligation of the employer, and not the right. Therefore, in case of non-fulfilment, the employee can apply to the state labor inspectorate, which, in turn, can present mandatory instructions to violators of labor rights to eliminate violations of labor legislation * (14). In addition, the inspection has the right to bring the perpetrators to administrative responsibility * (15).

Important! School students who receive initial vocational education are no longer entitled to paid leave to take exams for 30 calendar days within one year, regardless of the form of study - full-time, part-time or evening * (16).

When study leave is not paid

In addition to paid leave, a student employee has the right to additionally take study leave at his own expense. Study leave without saving average earnings is also provided in calendar days. The duration of such holidays depends on their purpose and level of education.

Duration of unpaid study leave depending on the type of education

Type of education Purpose of leave Duration of unpaid study leave
Higher (bachelor's, specialist's, master's) Entrance examinations (exams) 15 calendar days
Final certification (exams) at the preparatory department 15 calendar days
Intermediate certification (session) at the full-time department (full-time education) 15 calendar days in the academic year
Preparation and defense of the final qualifying work, passing state exams (full-time education) 4 months
Passing state exams (full-time education) 1 month
Secondary professional (technical school, college) Entrance examinations (correspondence, part-time and full-time forms) 10 calendar days
Intermediate certification (full-time education) 10 calendar days per academic year
Final certification (full-time education) Up to 2 months

The law establishes not only the conditions for granting study holidays, but also their guaranteed duration. If the employment contract with the employee specifies a smaller number of days of study leave or includes a condition that the employee refuses to use study leave or pay for it, then this condition of the employment contract will not apply * (17).

Conversely, it is not forbidden to improve the position of workers in comparison with labor legislation. Therefore, in the collective agreement or in the employment contract, it is possible to provide for additional cases of granting study holidays, increasing their duration or granting leave with pay instead of leave without pay * (18).

At the same time, it should be noted that the provision of study leave is one of the guarantees for employees who combine work with study. That is, the employee can use this guarantee in full or refuse it or use it partially. To do this, in addition to the certificate-call, the employee must submit an application indicating from what date and for how long he asks to be granted study leave. The dates of the requested study leave must not exceed the period specified in the call certificate. Then wages should be paid for the hours worked, and average earnings for the actually used vacation days. The fact that the partial provision of educational leave within the period specified in the call certificate does not contradict labor legislation is also confirmed by judicial practice * (19). Although Rostrud has a different point of view on this issue * (20). Granting a study leave of a shorter duration than that specified in the call certificate, even if the employee requests it, will not fully comply with the requirements of the current legislation, since the study leave has a strictly designated purpose and should be used only in deadlines.

Documents for registration of study leave

The basis for granting study leave is a certificate-call * (21). Two forms of certificate-call are approved: for those receiving higher education * (22) and secondary vocational * (23). The reference-call for a higher educational institution will also differ depending on what kind of vacation is provided - paid or not.

For other cases of granting educational leave, the call-inquiry forms are not approved. There is also no approved certificate form for a program that does not have state accreditation. But if the employee is granted study leave in accordance with a collective or employment agreement, such a certificate is issued in an arbitrary form. The only requirement for such a certificate is that it must reflect the purpose and timing of the study leave.

The employee is not required to bring a copy of the state accreditation certificate. This information is contained in the help call.

The second part of the certificate is filled in by the educational institution and certified with a seal after the study leave. It is a confirmation that the employee used the study leave for its intended purpose, namely: he really was in the educational institution that issued him the specified call certificate. The employer gives this part to the employee upon receipt of a certificate-call from him before the vacation, and the employee returns it when he returns to work from study leave.

If the employee provides only a certificate-call, then he needs to issue a study leave in accordance with it. The employer does not have the right to independently change the dates of the study leave.

Important! It is not possible to replace study leave with monetary compensation, as well as work while on study leave. If the employee actually worked during the study leave, he is entitled to wages for the days worked, and the average earnings received by the employee as vacation pay in this case is overpaid.

E. Noskova,
Senior HR Specialist
BDO Unicon Outsourcing

*(1) Art. 173-176 of the Labor Code of the Russian Federation
*(2) Art. 173, 174 of the Labor Code of the Russian Federation
*(3) Art. 187 Labor Code of the Russian Federation
*(4) Art. 177 Labor Code of the Russian Federation
*(5) Art. 287 of the Labor Code of the Russian Federation
*(6) Art. 128 Labor Code of the Russian Federation
*(7) Art. 177 Labor Code of the Russian Federation
*(8) Art. 173, 174 of the Labor Code of the Russian Federation
*(9) Art. 173-176 of the Labor Code of the Russian Federation
*(10) Art. 136 Labor Code of the Russian Federation
*(11) art. 236 of the Labor Code of the Russian Federation
*(12) sub. "b" p. 18, sub. "b" clause 20 of the Federal Law of July 2, 2013 N 185-FZ (hereinafter - Law N 185-FZ)
*(13) art. 137 of the Labor Code of the Russian Federation
*(14) Art. 357 of the Labor Code of the Russian Federation
*(15) art. 5.27 of the Code of Administrative Offenses of the Russian Federation
*(16) clause 21 of Law N 185-FZ
* (17) Part 2 Art. 9 of the Labor Code of the Russian Federation
*(18) art. 9, 41, 57 of the Labor Code of the Russian Federation
*(19) definitions of the Trans-Baikal Regional Court dated March 21, 2012 N 33-835/2012, Vologda Regional Court dated September 28, 2011 N 33-4454/2011
* (20) letter of Rostrud dated 12.09.2013 N 697-6-1
*(21) art. 177 Labor Code of the Russian Federation
* (22) order of the Ministry of Education of Russia dated 13.05.2003 N 2057
* (23) order of the Ministry of Education of Russia dated 12/17/2002 N 4426

The whole complex of guarantees and compensations for employees who combine work with education is expressed in providing them with more free time from work for successful study and advanced training. They are established by Chapter 26 (Articles 173-177) of the Labor Code of the Russian Federation, as well as by the Federal Law of August 22, 1996 “On Higher and Postgraduate Professional Education”. Such guarantees and compensations are special, related to institutions and reflect additional guarantees of the right to rest for this category of workers.

An employee can learn:

in a higher educational institution (institute, academy, university);
in an educational institution of secondary vocational education (college, technical school);
in an educational institution of primary vocational education;
in an evening (shift) educational institution.

Additional holidays for this category of employees may be added by agreement of the employer and employee.

For employees studying by correspondence in educational institutions of higher professional education with state accreditation, the employer pays for travel to the location of the corresponding educational institution and back once per academic year, and for employees studying by correspondence in educational institutions of secondary vocational education, 50% of the fare.

Trainees, where appropriate, are provided with:

additional leave with the preservation of average earnings;
leave without pay.

Additional leave maintaining average earnings provided:

1. when studying at a higher educational institution in the correspondence or evening department:

for passing tests and exams in the first and second years - 40 calendar days, for each of the subsequent courses - 50 calendar days (when mastering the main educational programs in a shortened time in the second year - 50 calendar days);
for preparing and defending a diploma and passing final state exams - four months;

2. when studying at an educational institution of secondary vocational education in the correspondence or evening department:

for passing tests and exams in the first and second years - 30 calendar days, for each of the subsequent courses - 40 calendar days;
for the preparation and defense of a diploma and passing the final state exams - two months;
for passing the final state exams - one month;

3. when studying at an educational institution of primary vocational education: for passing exams - 30 calendar days within one year;

4. when studying in an evening (shift) general education institution:

for final exams in the 9th grade - 9 calendar days;
for passing the final exams in the 11th (12th) grade - 22 calendar days.

Vacation without pay provided (Art. 173-176 of the Labor Code of the Russian Federation):

1. upon admission to a higher educational institution:

employees admitted to entrance examinations - 15 calendar days;
employees - students of preparatory departments of higher educational institutions for passing final exams - 15 calendar days;

2. when studying at a higher educational institution on a full-time basis:

for passing exams and tests - 15 calendar days in the academic year;
for preparing and defending a diploma and passing the final state exams - four months;
for passing the final state exams - 1 month;

3. upon admission to an educational institution of secondary vocational education for employees admitted to entrance examinations - 10 calendar days;

4. when studying at an educational institution of secondary vocational education in the full-time department:

for passing exams and tests - 10 calendar days in the academic year;
for the preparation and defense of a qualifying work and passing the final state exams - two months;
for the final exams - one month.

To obtain legal guarantees before leaving for a session, a student must write an application and bring a certificate of call from a secondary specialized institution in the form approved by order of the Ministry of Education of Russia dated December 17, 2002 No. 4426. These certificates indicate for what period the employee needs leave. The proof that a person really took the exams is a confirmation certificate, which the administration of the university, college or technical school fills out after the end of the session and certifies with a seal.

Leave without pay. Art. 128 of the Labor Code of the Russian Federation. Although it is in the section on rest time, in the chapter on holidays, in essence, holidays without pay are not holidays, since these holidays are targeted. Such leave may be granted to an employee for family reasons and other valid reasons upon his written application. The duration of this leave is determined by agreement between the employee and the employer.

Leave without saving differs from other types that we considered earlier in that it is provided, firstly, without pay, and secondly, without regard to seniority. The only thing these holidays have in common is that in all cases the employee retains his place of work.

These include:

participants of the Great Patriotic War - up to 35 calendar days a year;
working old-age pensioners (by age) - up to 14 calendar days a year;
working disabled people - up to 60 calendar days a year;
parents and wives (husbands) of military personnel who died or died as a result of injury, concussion or injury received in the performance of military service duties, or as a result of a disease associated with military service - up to 14 calendar days;
employees in cases of the birth of a child, marriage registration, death of close relatives - up to five calendar days.

This list is not exhaustive. The Labor Code of the Russian Federation, federal laws, laws of the constituent entities of the Russian Federation or local regulations may establish other categories of employees who have the right to leave without pay, and cases of its provision. For example, employees admitted to entrance exams to higher educational institutions - up to 15 calendar days, on average - 10 calendar days (Chapter 26 of the Labor Code of the Russian Federation), women caring for a child under three years of age have the right to leave without saving wages (Article 256 of the Labor Code of the Russian Federation).

In accordance with Art. 263 of the Labor Code of the Russian Federation, additional leave without pay is granted to persons caring for children.

An employee with two or more children under the age of 14, an employee with a disabled child under the age of 18, a single mother (father) raising a child under the age of 14 may be granted additional annual leave without pay by a collective agreement. at a convenient time for them for up to 14 calendar days. In this case, the specified leave, at the request of the relevant employee, may be attached to the annual paid leave or used separately in full or in parts. The transfer of this leave to the next working year is not allowed.

In all cases, the provision of unpaid leave, regardless of their purpose and duration, must be formalized by order (instruction) of the employer. While on the specified vacation, the employee may interrupt it at any time and return to work, notifying the employer in writing.

During the period of leave without pay, as well as during paid leave, the employer does not have the right to dismiss the employee on his own initiative (Article 81 of the Labor Code of the Russian Federation).

The acquisition of knowledge is one of the most notable trends of our time.

Having studied in his youthful student years, a person, even if he is a professional, an expert in his field, often wants to continue his education, get additional education or improve an existing qualification.

A common situation can be recognized when an employee begins his career without having a diploma in the chosen specialty, but receives it on the job.

The legislative framework

Legislative information regarding who can be given study leave and the procedure for paying it is contained in the Labor Code of the Russian Federation (Articles 173-177, 287, etc.), the Federal Law "On Education in the Russian Federation", a number of orders of the Ministry of Education of Russia.

An employee who combines work at the enterprise and training can take advantage of the study leave due to him. In addition, study leave can be paid subject to a number of necessary conditions, such as the primacy of receiving certain level education and form of education. Study leave should not be confused with other types of leave at work, it cannot be replaced or replace them.

Employees may be provided depending on the goals and levels of training study leave that:

paid (it is, while the employee is paid the average salary);
paid (it can be used by a training employee, but he will not receive a salary during this period).

Conditions and terms of receipt

The legislation of the Russian Federation guarantees study leave to an employee of an organization if he takes a course of study at an educational institution in accordance with a number of mandatory conditions:

Study leave is used by employees, as a rule, for passing a session at an educational institution.

The Labor Code of the Russian Federation establishes maximum session duration when receiving education at different levels:

The employee also has the opportunity to use unpaid study leave as additional at your own expense .

Its duration will depend on the purpose and level of education:

For admission to the bachelor's, specialist's, and master's programs, 15 days are allotted for entrance examinations, 15 days for a full-time session, and 4 months for passing state exams, preparing and defending a diploma.
In a technical school and college for any form of education, 10 days will be given for entrance examinations, 10 days for intermediate certification in full-time form, and 2 months for final certification in full-time form.

Labor legislation clearly establishes the conditions under which study leave can be obtained, as well as its duration. The employer cannot voluntarily reduce these terms, even if this is stated in the employment contract. However, it is not prohibited to improve the situation of employees in training in comparison with that prescribed by law, in particular, it is possible to provide additional holidays or increase their duration, to guarantee the preservation of wages for the duration of the holiday, even if it is not required by law to receive it.

Since the study leave must be guaranteed to be given to students in training, they have the right both to use this guarantee in full, and to refuse it or use it partially. At the same time, vacation dates must be within the period indicated in the call certificate. In this case, the average salary will be transferred to the employee for the actual vacation days, and wages for the hours worked.

Calculation and payment procedure

Study leave is paid according to the same scheme as the main one, that is, it is taken as a basis average earnings a learning employee for Last year. For the correct calculation of the average earnings for the month, you should first add up all his income for the annual period and divide by 12 months, and then divide the resulting amount again by the average number of days in the month. By law, it is taken equal to the value of 29.3. The resulting number will show the average employee earnings for 1 day in the billing period (year). Further, to determine the entire amount of compensation, it is necessary to multiply the resulting number by the number of calendar days of vacation.

It should be noted that vacation pay must take place no later than 3 days before it starts, crediting funds after the end of the session and confirming the success of the training with a call-back is illegal. For such a violation, the employer is liable administrative responsibility, and regardless of whether he is actually guilty or not.

Disputable is the situation when the employee was trained unsuccessfully: violations were identified, absenteeism for exams, unsatisfactory results were obtained. Labor legislation does not directly define the consequences of such actions. In case of misuse of study leave, the employer can only offer the employee to return the received vacation pay on a voluntary basis. If the employee does not agree with this, then it will be unlawful to withhold funds from his salary, since there are no legal grounds for this. The employer can only file a claim with the court, but it is quite difficult to predict the outcome of the trial.

It is unacceptable to replace study leave with monetary compensation or, while on such leave, to continue working. Here, the employee is entitled to wages for the days worked, and at the same time, the average earnings in the form of vacation pay are considered overpaid.

The peculiarity of the calculation in various situations

At part-time or part-time (evening) education an employee can apply for paid leave when receiving education of this level for the first time in an educational institution with state accreditation. The enterprise has the right to pay for education in an institution that does not have accreditation, but this possibility should be reflected in the collective agreement and local regulations at work.

Also part-time workers have additional benefits:

before state exams or defending a diploma for a period of up to 10 months, work on an abbreviated working week(1 non-working day per week or shortened each working day);
payment once a year for the road to the place of study and back without taxing these amounts with insurance premiums.

The calculation of payment for study leave for part-time students will be carried out in the same way as for the main one.

Receipt second higher education does not give the employee the right to study leave, in accordance with applicable law. In this case, you can go on vacation for training only at your own expense.

During training in magistracy an employee of an enterprise can apply for paid study leave, since the holder of a bachelor's degree is not considered to receive a second education in a master's program. Therefore, here the employee can count on all the guarantees provided for by the labor legislation of the Russian Federation.

At work at the same time study holidays are not granted to employees, since this right only applies to workers at their main place of work. A part-time worker during training has the right to apply for regular leave without pay.

To pay for travel or sick leave during study leave, employees at their main place of work can count if they are studying for the first time at one of the educational levels in the correspondence or evening department. Payment for a ticket to the place of study and back can be made only once a year.

The procedure for registration and provision

Obtaining the right to study leave arises from the employee when presentation of a certificate-call from an educational institution as confirmation that the employee misses work for a good reason.

Next, they draw up an application addressed to the employer in any form with an attachment in the form of the first part of the certificate-call (standard form from 2013). The second part of the document is given to work after passing the session or defending the diploma with the seal of the university as confirmation of the success of the training and the employee's right to count on study leave next time, if necessary.

The application indicates the reason why the employee should receive leave, the name of the educational institution, and whether wages will be saved during this period. The personnel department, on the basis of the application received, must issue an order according to which this employee is entitled to vacation compensation.

Based on the documents received, the employee's request for study leave must be satisfied by the employer. With properly executed documentation, a refusal will be considered a gross violation of labor legislation, and may serve as a reason for an inspection by the labor inspectorate at the enterprise.

To whom and how to provide this type of vacation is described in the following video:

Russian labor legislation encourages the training of employees and regulates the relationship between the employer and the employee undergoing training in such a way that it is beneficial for the employee to improve the level of his education and qualifications. The employer also indirectly benefits from this: the more educated employees are, the more efficiently they perform their work. Using the acquired knowledge, the employee is able to optimally organize the execution of the tasks assigned to him, intensify production or organizational processes.

The legislator imposed on the employer the obligation to pay the leave associated with learning activities. There are some exceptions to this rule.

The following types of study leave are unpaid:

If the employee receives education at the level at which he has already studied before and has an appropriate diploma. For example, if an employee has a bachelor's degree, he will not be paid study leave under the bachelor's program, but will be paid - under the master's and specialist programs. An exception is the situation when the employer himself sends the employee to such training: in this case, vacation can be paid. In addition, secondary vocational education in programs for the training of skilled workers and programs for mid-level specialists, which, although they belong to the same level of education, are not considered to be second (duplicate) to each other.
The period of entrance examinations in higher (15 days) and secondary specialized educational institutions (10 days).
The certification period for preparatory departments higher educational institutions (15 days).
The period of the examination session for full-time education in higher (15 days) and secondary specialized educational institutions (10 days).
The period of state final certification in higher (1 month) and secondary specialized educational institutions (up to 2 months).

An employee has the right to take study leave for the listed reasons without pay.

If we talk about receiving higher education in the evening or part-time form, which does not duplicate the level of the existing education, then leave is payable, including the following consecutive types of student activities:

Examination session for 1-2 courses lasting 40 days.
Studying externally on the 2nd course lasting 50 days.
Examination session on the 3rd and subsequent courses lasting 50 days.
State final certification lasting up to 4 months.
Mastering programs in graduate school, residency, assistantship lasting 30 days, not including travel time to the place of study.
Mastering training teaching staff in graduate school, as well as the completion of a PhD dissertation - lasting 3 months.

Speaking of getting average special education evening or part-time form, which does not duplicate the level of already existing education, then leave is subject to payment, including the following consecutive types of student activities:

For employees studying at an evening school, study leave with pay is provided for the following reasons:

Final certification at the end of the main general school(9 classes) lasting 9 days.
Final certification at the end of the secondary general school (11 classes) lasting 22 days.

Study leave is given and paid in calendar days.

Conditions for granting study leave

By default, study leave is granted only to employees studying in educational institutions with state accreditation. Information about this must be indicated in the call certificate issued to the student at the educational institution for submission at the place of work. The certificate-call also indicates the level of education received.

Study leave is given only to successfully studying employees, that is, those who do not have academic debts and are admitted to the next session. Otherwise, the student will be expelled for poor performance. Information about the employee's progress must also be indicated in the call certificate.

The help call consists of two parts:

Direct call to an educational institution to pass a student test.
Certificate confirming the fact of passing the session, state exams, diploma defense, etc.

The certificate-call is a mandatory document justifying the granting of study leave.

To grant educational leave, an employee must write a corresponding application in free form with a request to grant leave in connection with training for a certain number of days with (without) pay.

An employee can also legally ask the employer to pay for transportation to and from the place of training.

The methodology for calculating the pay for leave in connection with training is similar to the method for calculating the pay for ordinary labor leave. It is based on the average daily earnings, calculated using the average number of working days in a month: 29.3.

The average daily earnings for the purpose of paying vacation days is calculated as follows:

(The amount of accrued wages for the billing period, taking into account all payments related to wages) / (number of months in the billing period) / 29.3. The resulting number is multiplied by the number of calendar days of study leave.

Example

Suppose that an employee who has worked for the last five years in an organization intends to use paid study leave to pass an examination session in the second year lasting 40 calendar days - this is the maximum guaranteed to an employee by law. At the same time, for the previous 12 months, the amount of all accrued payments, including wages and bonuses, amounted to 364,570 rubles. Total in the billing period in accordance with production calendar accounted for 247 working days. To begin with, we calculate the average daily earnings of an employee for the purpose of paying vacation:

364570 / 12 / 29.3 \u003d 1036.89 rubles.

1036.89 x 40 \u003d 41475.6 rubles.

Thus, for a study leave lasting 40 calendar days, the amount of 41,475.6 rubles should be accrued. Since payroll occurs before income tax is deducted, in order to obtain the amount that the employee will receive in his hands, it is necessary to deduct 13% of personal income tax.

Terms of payment for study leave

In accordance with the Labor Code (Article 136), payment for any vacation must occur no later than 3 days before the start of the vacation.

The time sheet is a summary table in which the presence or absence of an employee at his workplace is recorded daily by means of special codes:

The fact that an employee is on study leave with pay with a break from production is recorded in the report card with the letter “U” or digital code"16".
Additional study leave without pay is marked in the report card with the letters "UD" or the digital code "18".
Leave without pay is recorded as "TO" or the digital code "22".

Study leave order

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A sample of filling out an order for study leave on the example of form T-6

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Labor Code of the Russian Federation | Chapter 19 Annual paid holidays

Terms of student leave for higher educational institutions

Terms of student leave for secondary educational institutions

Terms of student leave for students in institutions of primary vocational education (Article 175 of the Labor Code of the Russian Federation)

Additional leave with pay

All complex HR issues

6.2. How to take study leave

Chapter 19

The procedure for granting study leave

How is study leave calculated?

Conditions for granting study leave

Duration and payment of study leave

With pay

Registration of study leave

The legislative framework

Conditions and terms of receipt

Calculation and payment procedure

The peculiarity of the calculation in various situations

The procedure for registration and provision

Conditions for granting study leave

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