Official text:

Article 173. Guarantees and compensations for employees combining work with higher education in bachelor's degree programs, specialty programs or master's programs, and employees entering training in these educational programs

For employees who are sent for training by the employer or who independently enroll in state-accredited bachelor's degree programs, specialty programs or master's programs in part-time and part-time forms of study and who successfully master these programs, the employer provides additional leave with the same average earnings for:

passing intermediate certification in the first and second years, respectively - 40 calendar days, in each of the subsequent courses, respectively - 50 calendar days (when mastering educational programs of higher education in a shortened time in the second year - 50 calendar days);

passing the state final certification - up to four months in accordance with the curriculum mastered by the employee educational program higher education;

The employer is obliged to provide leave without pay:

for employees admitted to entrance examinations - 15 calendar days;

employees - students of preparatory departments educational organizations higher education for passing the final certification - 15 calendar days;

employees studying in state-accredited bachelor's degree programs, specialty programs or master's programs in full-time study, combining education with work, for passing intermediate certification - 15 calendar days in the academic year, for preparing and defending final qualifying work and passing final state exams - four months, for passing final state exams - one month.

For employees who successfully complete a state-accredited bachelor's degree program, specialist degree program or master's degree program via correspondence education, once per academic year the employer pays for travel to the location of the relevant organization carrying out educational activities, and back.

Employees studying state-accredited bachelor's degree programs, specialist programs or master's programs in part-time and part-time forms of study for a period of up to 10 academic months before the start of the state final certification are established at their request with a working week shortened by 7 hours. During the period of release from work, these employees are paid 50 percent of the average earnings at their main place of work, but not less than the minimum wage.

By agreement of the parties to the employment contract, working hours are reduced by providing the employee with one day off from work per week or by reducing the length of the working day during the week.

Guarantees and compensation for employees combining work with training in non-qualified fields state accreditation Bachelor's degree programs, specialty programs or master's programs are established by a collective agreement or employment contract.

Lawyer's comment:

In accordance with this article and article 17 Federal Law dated August 22, 1996 No. 125-FZ "On Higher and Postgraduate Professional Education" to employees who combine work with training, both those directed for training by the employer and those enrolled independently, the employer is obliged to provide the following types of guarantees and compensation, the volume and content of which vary depending on from the form of study:

Additional holidays with the same average salary;

Additional leaves without pay;

Payment for travel once per academic year to the location of the educational institution and back (for correspondence students);

Reduced working hours.

Guarantees and compensations are provided to employees studying in educational institutions of higher education vocational education regardless of their organizational and legal forms, if the higher educational institution has state accreditation, and the employee himself is studying successfully. Employees can be considered successfully studying in institutions of higher professional education if they have no academic debt for the previous course or semester, they have completed all tests, coursework, laboratory and other work in accordance with the curriculum and have received credits in all disciplines provided for by the current curriculum semester. The relevant information can be obtained from a certificate of invitation from an educational institution, which gives the right to provide additional leave at the place of work and other benefits related to studying at a higher educational institution that has state accreditation. Upon receipt of the summons certificate, the employee has the right to timely receive study leave at his place of work, and the employer has the obligation to provide him with this additional leave upon the employee’s written application.

Additional study leaves are provided to employees studying on the job in educational institutions of various levels that have state accreditation, regardless of their organizational, legal forms and forms of ownership. Employees sent for training by the employer or who independently entered educational institutions of higher professional education and successfully study there are provided with additional leave while maintaining their average earnings. These vacations have a specific purpose: to pass various exams, defense graduation papers etc. and are often referred to as “targeted study leaves.” Employees who combine work with study in educational institutions of higher professional education are provided with study leaves of the following duration: in the first and second years - 40 calendar days, respectively, in each of the subsequent courses - 50 calendar days; for preparing and defending the final qualifying thesis and passing the final state exams - four months, passing the final state exams - one month.

According to paragraph 33 of the Model Regulations on an educational institution of higher professional education (higher educational institution), approved by Decree of the Government of the Russian Federation dated February 14, 2008 No. 711, full-time students are allowed to combine study with work. Part 2 of Article 173 of the Labor Code establishes guarantees for this category of students, provided that the university in which the employee is studying has state accreditation. The employer is obliged to provide such employees with the following additional leaves without pay:

To pass intermediate certification (pass tests and exams) - 15 calendar days per academic year;

To prepare and defend a diploma project (work) with passing the final state exams - four months;

To pass the final state exams - one month. Employees admitted to entrance examinations at higher educational institutions are granted leave without pay - 15 calendar days; employees - students of preparatory departments - for passing final exams - 15 calendar days; for employees studying full-time, combining study with work, for passing intermediate certification - 15 calendar days per academic year, for preparing and defending final qualifying work and passing final state exams - four months, for passing final state exams - one month.

A similar procedure and conditions for granting study leave are established in Article 174 of the Labor Code for workers studying on the job in educational institutions of secondary vocational education.

• checked today
• code dated 01/01/2019
• entered into force on 02/01/2002

There are no new articles that have not entered into force.

Compare with the edition of the article dated 10/06/2006 05/11/2004 02/01/2002

Article 173. Guarantees and compensations for employees combining work with higher education in bachelor's degree programs, specialty programs or master's programs, and employees entering training in these educational programs

For employees who are sent for training by the employer or who independently enroll in state-accredited bachelor's degree programs, specialty programs or master's programs in part-time and part-time forms of study and who successfully master these programs, the employer provides additional leave with the same average earnings for:

passing intermediate certification in the first and second years, respectively - 40 calendar days, in each of the subsequent courses, respectively - 50 calendar days (when mastering educational programs of higher education in a shortened time in the second year - 50 calendar days);

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

The employer is obliged to provide leave without pay:

for employees admitted to entrance examinations - 15 calendar days;

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

employees studying in state-accredited bachelor's degree programs, specialty programs or master's programs in full-time study, combining education with work, for passing intermediate certification - 15 calendar days in the academic year, for preparing and defending final qualifying work and passing final state exams - four months, for passing final state exams - one month.

For employees who successfully complete state-accredited bachelor's, specialist's or master's programs via correspondence education, the employer pays for travel to and from the location of the relevant organization carrying out educational activities once per academic year.

Employees studying state-accredited bachelor's degree programs, specialist programs or master's programs in part-time and part-time forms of study for a period of up to 10 academic months before the start of the state final certification are established at their request with a working week shortened by 7 hours. During the period of release from work, these employees are paid 50 percent of the average earnings at their main place of work, but not less than the minimum wage.

By agreement of the parties to the employment contract, working hours are reduced by providing the employee with one day off from work per week or by reducing the length of the working day during the week.

Guarantees and compensation for employees who combine work with training in bachelor's degree programs, specialty programs or master's programs that do not have state accreditation are established by a collective agreement or employment contract.

Other articles in this section

Judicial practice under Art. 173 Labor Code of the Russian Federation

Case No. 25-B11-2 dated August 19, 2011
Case No. 19-B11-8 dated June 3, 2011	Judicial Collegium for Administrative Cases, Supervision
Case No. 74-B10-11 dated February 4, 2011	Judicial Collegium for Administrative Cases, Supervision
Case No. 11-В09-7 dated July 2, 2009	Judicial Collegium for Administrative Cases, Supervision
Case No. VKPI08-71 dated October 9, 2008	Military Collegium, first instance

Full list court decisions with the article “Article 173. Guarantees and compensations for employees combining work with higher education in undergraduate programs, specialty programs or master’s programs, and employees entering training in these educational programs”

Amendments to Art. 173 Labor Code of the Russian Federation

Mentions of Art. 173 Labor Code of the Russian Federation in legal consultations

• Is Article 174 of the Labor Code in force at present in the stated interpretation?
  

  18.10.2018 Good morning, Olga. Yes, Article 174 of the Labor Code of the Russian Federation is valid in the form you provided. Concerning Article 173 of the Labor Code of the Russian Federation it applies to students of higher educational institutions, secondary vocational education is a technical school, college and regulates this type of legal relationship, Article 174 of the Labor Code of the Russian Federation. If in doubt

• shortened work week
  

  20.08.2018 according to the norms of Article 95 of the Labor Code of the Russian Federation? if so, then your employee will have a day off on Friday, given that we are talking about 7 working hours. Issue an order for the enterprise referring to Article 173 of the Labor Code of the Russian Federation about reducing the employee’s working hours on the eve of the state final certification and that’s it. If you have Friday without a shortened day, you can redo it

• Study leave for military personnel
  

  17.03.2018 Thank you very much for the answer. Could you clarify, since there is a contradiction between Article 19 of the Federal Law on the status of military personnel and Article 173 of the Labor Code of the Russian Federation

• Payment for travel for the defense of the thesis to the educational institution
  

  11.05.2017 Hello. The current standard is Art. 173 Labor Code of the Russian Federation Employees who have successfully completed state-accredited bachelor's, specialist's, or master's programs by correspondence

• training according to 44 federal laws
  

  27.04.2017 accreditation, you can count on additional paid leave. Regarding the procedure, it is better to find out about this from the educational organization. Applicable standards - Art. Article 173, 173.1, 174,176,177 Labor Code of the Russian Federation. Good luck to you. If you have any questions, please contact us.

• On provision of additional paid leave
  

  21.11.2016 by the employer in writing. Although, if the employee receives a second education in the direction of the employer. student leave must be paid in accordance with the established procedure Article 173 of the Labor Code of the Russian Federation. If you have any more questions, please contact us.




31.10.2016 production public policy and legal regulation in the field of education. That is, the norms previously enshrined in Article 17 are now covered by the above Art. 173, 177 Labor Code of the Russian Federation, but with changes. If you have any more questions, please contact us.

• distance learning
  

  30.05.2016 evening, Oksana. Time to prepare for the state. certification is calculated taking into account the curriculum that is developed in the educational institution and up to 4 months, as stated in Article 173 of the Labor Code of the Russian Federation: passing the state final certification - up to four months in accordance with the curriculum of the educational program mastered by the employee




03.03.2016 provide clarification regarding the revocation of the summons certificate No. from which was issued to me for passing the final state certification for a period of 4 months on the basis Article 173 of the Labor Code of the Russian Federation, indicating the grounds and reference to legislative acts. I ask you to provide the answer within the time period established by law - 10 days. In case of refusal to provide

• vacation while receiving a second professional education
  

  23.01.2016 Additional study leave and other guarantees are provided in Art. 173, 177 Labor Code of the Russian Federation apply only to persons receiving higher education first. The specified guarantees and compensation may also be provided




19.12.2015 laws that apply to non-disabled employees apply equally to disabled employees. For example, according to Art. 173 Labor Code of the Russian Federation employees sent for training by the employer or enrolled independently in undergraduate programs with state accreditation

• The employer refuses to pay tuition for state-accredited undergraduate programs
  

  19.11.2015 it is said: Guarantees and compensations for employees combining work with education are provided upon receiving education at the appropriate level for the first time. And in Article 173 of the Labor Code of the Russian Federation said: Employees sent for training by the employer or who independently enrolled in training under state accredited programs

• Ticket Refund
  

  30.10.2015 Good morning, Anastasia. The issue of the procedure for compensating the cost of travel to the place of study, unfortunately, is not fully resolved at the legislative level, there are rules Article 173 of the Labor Code of the Russian Federation, where in particular it is said: Employees who successfully master state-accredited bachelor's degree programs, specialist programs or programs




29.10.2015 Good evening, Sergey. Study leave paid only to employees combining training with work based on Article 173 of the Labor Code of the Russian Federation. By registering with the Employment Center, you will acquire the status of unemployed, therefore no one will pay you for the session period. Moreover, during this period

• study leave
  

  23.05.2015 Good morning, Oleg. In your situation, you will have to seek help from the relevant authorities, but first of all you need to collect confirming data that the norms Article 173 of the Labor Code of the Russian Federation your director is violating. After receiving a call, which you are required to provide to the HR department to receive leave and receive a refusal, you need to do

  
  

  18.05.2015 I think it is necessary to start from the form of education, if you write that this is considered a full-time or part-time form of education, then in this case you should be subject to Art. 173 Labor Code of the Russian Federation and you are entitled to student leave to prepare and defend your final qualifying thesis and pass state exams for 4 months while maintaining your average

• second higher education in the target field, provision of student leave.
  

  25.01.2015 Good evening, Andrey. Yes, the employer is obliged to provide you with such leave as stated in Article 173 of the Labor Code of the Russian Federation: Employees sent for training by their employer or enrolled independently in state-accredited bachelor's degree programs

• Student leave coincided with annual
  

  14.01.2015 agree with the employee on the time of use of the remaining part of the annual leave. The panel of judges agrees with this conclusion of the court. Thus, due to Art. 114, 173 Labor Code of the Russian Federation An employee studying on the job has the right to both vacations: the main annual paid and educational ones. Therefore, if study leave

• main vacation
  

  16.12.2014 Code, by agreement of the employer and employee, annual paid vacations may be added. That is, for student leave. which is provided for you Article 173 of the Labor Code of the Russian Federation by agreement with the employer, you can add annual leave, but if the employer does not agree, then you will go on annual leave in accordance with the schedule

Study leave The Labor Code - Article 173 - refers to state guarantees of education. The procedure for its provision, registration and payment is somewhat different from annual paid leave. Let's look at these features in our article.

When and how study leave can be granted

The Labor Code of the Russian Federation points out several points that must be taken into account when applying for leave in connection with training (hereinafter referred to as OSO):

• OCO can only be taken at the main place of work;
• the university must have state accreditation, which is confirmed by a separate certificate from the educational institution or the inclusion of the necessary data in the challenge certificate;
• the employee receives higher professional education (hereinafter referred to as HPE) for the first time; the exception is the case when a new higher education qualification is obtained at the initiative of the employer;
• To receive the OCO, the employee must provide a certificate of summons from the university and ask for leave in writing by writing a corresponding application.

Application for study leave: sample

The application must include all information that will affect the provision, registration and payment of study leave.

can be downloaded here .

A properly agreed upon application will be the basis for both the leave order and the associated settlements with the employer.

How to place a vacation order, read the article “Order for annual paid leave - sample and form” .

The order form is also suitable for registration of study leave.

Other conditions under the CCA may be included in the employment or collective agreement. As a rule, these are “mitigating” conditions. According to the Labor Code of the Russian Federation, the employer is obliged to provide CCA only in the specified cases, and under an agreement with the employee, leave can be provided in other situations. For example, you can apply for a vacation even if the educational institution does not have state accreditation.

How long is study leave and how is it paid in 2019?

Payment for study leave according to the Labor Code provides for differences depending on the form of training and on the purpose for which the compulsory education is provided.

NOTE! The Law “On Education in the Russian Federation” dated December 29, 2012 No. 273-FZ established Various types Higher professional education, including education according to the standards of bachelor's, specialist and master's degrees. The subject of consideration in Art. 173 of the Labor Code of the Russian Federation are specifically these types. However, there may be others according to other standards.

The main nuances of the duration and payment of CCA in accordance with Art. 173 of the Labor Code of the Russian Federation are presented in the table:

	Why is CCA provided?	Maximum duration of NDE	Payment
Bachelor's, specialist's, master's degrees	Entrance exams	15 calendar days
	Certification in preparatory departments of universities	15 calendar days
	Interim certifications for full-time study	15 calendar days
	Passing state exams for full-time study
	Preparation and defense of final qualifying work and passing final state exams for full-time study
	Interim certification in the 1st and 2nd years of correspondence or part-time study	40 calendar days
	Obtaining higher education in a shortened time in the 2nd year for part-time or part-time study	50 calendar days
	Interim certification in the 3rd and subsequent years of part-time or part-time study	50 calendar days
	State final certification for part-time or part-time education	up to 4 months

CCA compensation is always calculated based on average earnings.

According to Art. 173 of the Labor Code of the Russian Federation, if desired, an employee studying part-time or part-time can be provided with a working week shortened by 7 hours. Such provision is permitted:

• for a period of up to 10 months before the final certification;
• with payment of 50% of average earnings for the freed time.

Is the employer obligated to pay expenses related to study?

In addition to the time spent on the study process, the employee also bears other expenses:

• on educational materials and benefits;
• for travel to and from the place of study;
• for rental housing for the period of the session (defense), if the place of study is in another city, etc.

According to the standards of the Labor Code of the Russian Federation, the employer undertakes to pay only travel expenses to the university and back:

• 1 time per year;
• for correspondence students;
• subject to successful studies.

NOTE! What do you mean by " successful studies", is not specifically explained. Therefore, if a student successfully passes intermediate exams (certifications) and continues his studies, his studies can be considered successful.

Payment by the employer of other expenses is not mandatory. Additional compensation may be provided for in contracts with employees.

Certain nuances regarding the provision and payment of vacation

1. The CCA is given in calendar days without extension for holidays. Holidays are paid as regular calendar days.
2. In case of incapacity for work during the period of compulsory medical insurance, it is not extended, and sick leave during this period is not paid. If the compulsory medical insurance is over, but the incapacity for work is not, those days of sick leave when the employee was supposed to work are paid.

1. The employer cannot:

• refuse the CCA;
• transfer CCA;
• replace it with monetary compensation.

1. The CCA does not cancel the right to basic leave. It is permissible to add OSO to the main leave (Article 177 of the Labor Code).
2. The OSO should not coincide in time with any other vacation. If the employee is on another vacation, it will have to be interrupted (rescheduled) in order to issue an OCO.

How to correctly reschedule another vacation, read the material “Application for transfer of vacation - form and sample” .

Results

OSO is a guarantee that ensures a citizen’s right to receive an education, and therefore differs from other types of leave. For proper registration and payment, you should take into account the requirements for study leave of the Labor Code and the nuances arising from the special characteristics of such leave.

For employees who are sent for training by the employer or who independently enroll in state-accredited bachelor's degree programs, specialty programs or master's programs in part-time and part-time forms of study and who successfully master these programs, the employer provides additional leave with the same average earnings for:

passing intermediate certification in the first and second years, respectively - 40 calendar days, in each of the subsequent courses, respectively - 50 calendar days (when mastering educational programs of higher education in a shortened time in the second year - 50 calendar days);

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

The employer is obliged to provide leave without pay:

for employees admitted to entrance examinations - 15 calendar days;

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

employees studying in state-accredited bachelor's degree programs, specialty programs or master's programs in full-time study, combining education with work, for passing intermediate certification - 15 calendar days in the academic year, for preparing and defending final qualifying work and passing final state exams - four months, for passing final state exams - one month.

For employees who successfully complete state-accredited bachelor's, specialist's or master's programs via correspondence education, the employer pays for travel to and from the location of the relevant organization carrying out educational activities once per academic year.

Employees studying state-accredited bachelor's degree programs, specialist programs or master's programs in part-time and part-time forms of study for a period of up to 10 academic months before the start of the state final certification are established at their request with a working week shortened by 7 hours. During the period of release from work, these employees are paid 50 percent of the average earnings at their main place of work, but not less than the minimum wage.

By agreement of the parties to the employment contract, working hours are reduced by providing the employee with one day off from work per week or by reducing the length of the working day during the week.

Guarantees and compensation for employees who combine work with training in bachelor's degree programs, specialty programs or master's programs that do not have state accreditation are established by a collective agreement or employment contract.

Commentary to Art. 173 Labor Code of the Russian Federation

1. The guarantees and compensations provided for in this article are provided to two categories of workers: a) those combining work with study in educational institutions of higher professional education in part-time and part-time (evening) forms of study; b) entering the specified educational institutions.2. The guarantees and compensation specified in this article are provided to employees in accordance with Art. 50 of the Law of the Russian Federation "On Education", as well as Art. Art. 17 and 19 Federal Law "On higher and postgraduate professional education".

Judicial practice under Article 173 of the Labor Code of the Russian Federation

Determination of the Supreme Court of the Russian Federation dated 02/04/2011 N 74-B10-11

Besides,

Determination of the Supreme Court of the Russian Federation dated July 2, 2009 N 11-В09-7

Meanwhile, in accordance with Art. Labor Code of the Russian Federation for employees sent for training by the employer or who independently entered educational institutions of higher professional education with state accreditation, regardless of their organizational and legal forms through correspondence courses, and who successfully study at these institutions, the employer provides additional leave while maintaining average earnings. Moreover, these additional leaves are provided by the employer annually while the employee is studying at a higher educational institution, and the legislator does not link the provision of these additional leaves with the compliance of the profile of the educational institution with the work performed.

Determination of the Supreme Court of the Russian Federation dated 06/03/2011 N 19-B11-8

By virtue of the article of the Labor Code Russian Federation employees sent for training by the employer or who independently entered educational institutions of higher professional education with state accreditation, regardless of their organizational and legal forms through correspondence courses, and who successfully study in these institutions, the employer provides additional leave with preservation of average earnings.

Ruling of the Supreme Court of the Russian Federation dated August 19, 2011 N 25-B11-2

By virtue of an article of the Labor Code of the Russian Federation, employees sent for training by the employer or who independently entered educational institutions of higher professional education with state accreditation, regardless of their organizational and legal forms of correspondence education, who successfully study in these institutions, the employer provides additional leave with the preservation of the average earnings.

Determination of the Constitutional Court of the Russian Federation dated May 29, 2014 N 1271-O

PART OF THE FIRST ARTICLE OF THE LABOR CODE

RUSSIAN FEDERATION

The Constitutional Court of the Russian Federation, composed of Chairman V.D. Zorkin, judges K.V. Aranovsky, A.I. Boytsova, G.A. Gadzhieva, Yu.M. Danilova, L.M. Zharkova, G.A. Zhilina, S.M. Kazantseva, M.I. Cleandrova, S.D. Knyazeva, A.N. Kokotova, L.O. Krasavchikova, S.P. Mavrina, N.V. Melnikova, Yu.D. Rudkina, N.V. Selezneva, O.S. Khokhryakova, V.G. Yaroslavtseva,

Determination of the Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation dated August 15, 2016 N 18-КГ16-85

One type of additional leave is leave provided by the employer to employees combining work with study in educational institutions of higher professional education, and to employees entering these educational institutions (article of the Labor Code of the Russian Federation).

According to the article of the Labor Code of the Russian Federation (as amended in force during the controversial periods of work of Polevskaya E.Yu.), employees sent for training by the employer or who independently entered educational institutions of higher professional education with state accreditation, regardless of their organizational and legal forms, by correspondence and full-time -correspondence (evening) forms of education, those successfully studying at these institutions, are provided with additional leave by the employer while maintaining their average earnings.

Ruling of the Supreme Court of the Russian Federation dated April 21, 2016 No. 309-KG16-1823 in case No. A47-1347/2015

The conclusions of the courts that periods of additional study leave should be taken into account when determining the length of service that gives the right to early assignment of an old-age pension correspond to the provisions of Articles , , 173.1, , , of the Labor Code of the Russian Federation.

A different interpretation by the applicant of the provisions of the legislation on pension insurance, as well as a different assessment of the circumstances of the dispute, does not indicate an incorrect application of the law by the courts.

Determination of the Constitutional Court of the Russian Federation dated June 19, 2007 N 472-О-О

Thus, an article of the Labor Code of the Russian Federation establishes guarantees and compensation for employees combining work with studying in educational institutions of higher professional education, as well as employees entering these educational institutions, and its article 177 defines the general procedure for providing guarantees and compensation to persons combining work with training.

Determination of the Constitutional Court of the Russian Federation dated 04/08/2004 N 167-O

As follows from the complaint and the presented materials, F.F. Chertovsky, who graduated from the Ryazan Higher Airborne Command School in 1988 with the qualification of an engineer for the operation of armored and automotive equipment, after leaving military service in connection with organizational and staffing events, he began working at OJSC Saratovstroysteklo and since September 2000 has been studying at the correspondence faculty at the Saratov State Academy of Law. Until February 2002, to pass intermediate certification (completing laboratory work, passing tests and exams) F.F. Chertovsky was given additional leave at his place of work while maintaining the average salary. In October 2002, for the period of the examination session, the employer granted him leave, however, as a person receiving a second higher education, he refused to pay the average salary during this leave with reference to the prescription of part one of article of the Labor Code of the Russian Federation, which came into force on February 1, 2002 . The Leninsky District Court of the city of Saratov, by a decision of May 20, 2003, upheld by the judicial panel for civil cases of the Saratov Regional Court, refused F.F. Chertovsky in satisfying claims against the employer for recognition of the right to additional leave provided for in part one of Article of the Labor Code of the Russian Federation with preservation of average earnings in connection with studying at a higher educational institution.

Decision of the Supreme Court of the Russian Federation dated October 09, 2008 N VKPI08-71

In his opinion, in paragraph 54 of the Procedure for providing monetary allowances to military personnel of the Armed Forces of the Russian Federation, in violation of the Federal Law “On the Status of Military Personnel,” according to which the state guarantees military personnel undergoing military service under a contract advanced training, taking into account the interests of military service and their own choice, provides for the application of labor law, in particular the provisions of Art. Art. , Labor Code of the Russian Federation. In accordance with their provisions, the presence of a military personnel receiving a second higher education on study leave without pay reduces the legal and social guarantees of military personnel; they are deprived of the opportunity to improve their qualifications, including in the interests of military service.

Pace modern life so intense that people often have to perform several activities at once. Combining work and study is not uncommon these days. Most Russian educational institutions are gradually switching to a paid form, so this approach is a necessary necessity. What guarantees and compensation can working students expect?

General information about guarantees and compensation

The Constitution of the Russian Federation guarantees the provision of average, general and free of charge for all citizens. Every person has the right to receive it. Studying at higher educational institutions is possible for free only on the basis of a competition. According to Article 197, all working citizens have the right to study. They can attend lectures, seminars, take exams, and write coursework. Employees who combine work with training receive all the necessary guarantees established by the management of enterprises and is obliged to create all the necessary conditions for this.

To receive all provided guarantees and compensation, the following conditions must be met:

• The educational institution must undergo state accreditation.
• Studying must be successful.
• Receiving a certain level of education for the first time.

If an employee is trained in two institutions at once, compensation and guarantees can be provided only for one of them. Art. 173 of the Labor Code of the Russian Federation, as well as articles 177, 174, 176 are the basis for obtaining guarantees for employees of organizations that they work and visit couples at the same time.

What are guarantees and compensation?

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

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

• business trip assignment;
• relocation due to a new place of work;
• performance of duties of a state or public nature;
• combining study and work;
• forced termination of work for reasons beyond the employee’s control;
• provision of paid leave;
• upon termination of the employment agreement;
• if there is a delay in delivery work book after dismissal;
• in other cases provided for by the Labor Code of the Russian Federation.

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

Art. 173 Labor Code of the Russian Federation: comments

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

Employers are required to provide this opportunity to all employees. The article discusses cases of granting leave both with and without pay. This will be discussed further. A subordinate, in agreement with management, can add study leave to his annual paid leave. Employers are also required to provide payment for travel to educational institution. Article 173 of the Labor Code of the Russian Federation establishes the right to reduce working time and the procedure for paying it for the period of training.

Work time

Evening and correspondence higher education is in Lately most popular. It allows you to fully combine work and study. For employees undergoing training according to the specified forms, a reduction in the working week by 7 hours is provided for the period of passing state exams or for 10 months before passing the diploma project. The employer is obliged not only to release the subordinate from work for the specified reasons, but also to ensure payment of wages in the amount of at least half of the official salary, but not lower than the minimum wage. An agreement may also be signed to the employment contract to provide an additional free day.

Paid holiday

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

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

Leave without pay

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

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

A leave of 4 months may also be granted to pass state exams and prepare and defend the final qualifying thesis.

Fare payment

Correspondence higher education in institutions that have passed the state accreditation procedure involves another form of compensation - travel expenses. Meaning material compensation metro services, minibus taxis, buses and trolleybuses. For workers receiving education by correspondence, once per school year Travel to the institution and back may be paid in full. For example, they can buy him a special travel ticket. For employees undergoing training at educational institutions of other levels through a correspondence program, half the cost of travel is paid.

Secondary vocational education

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

Training in different institutions

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

According to Art. 175 of the Labor Code, employees who successfully complete training in primary vocational education institutions have the right to go on an additional 30-day paid leave. It can be issued during the calendar year rather than the academic year. And employees studying in graduate school have the right to demand 30 days of paid leave and compensation for travel to the educational institution. During the working week, an additional 2 free days can be provided without pay at the request of the person. Only graduate students enrolled in correspondence programs have these rights. Full-time students do not have this opportunity. Paid leave for a period of 3 months may be granted to prepare a dissertation and defend it. The legislation does not address issues of passage entrance examinations to graduate school, therefore, absence from work for this reason must be agreed with the head of the organization.

Conclusion

The twenty-sixth chapter of Russian labor legislation regulates the provision of preferential conditions for employees of enterprises who combine work and study and enter institutions at various levels. It is possible to obtain higher education by correspondence. In this case, the employer provides paid study leave and compensates for travel to the educational institution in full. Leave is provided for students pursuing education at a different level. But the fare will be reimbursed in the amount of 50%.

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