• home
• Labor Code (Labor Code of the Russian Federation)
• Part three
• Section VII. Guarantees and compensation

Information about changes:

Federal Law No. 443-FZ of December 22, 2014 amended the title of Chapter 26 of this Code, which shall enter into force on January 1, 2015.

Chapter 26

Information about changes:

Federal Law No. 185-FZ of July 2, 2013 amended Article 173 of this Code. The amendments shall enter into force on September 1, 2013.

Article 173

See Encyclopedias and other comments on article 173 of the Labor Code of the Russian Federation

Information about changes:

Information about changes:

Federal Law No. 443-FZ of December 22, 2014 amended Article 173.1 of this Code. The amendments shall enter into force on January 1, 2015.

Article 173.1. Guarantees and compensations for employees who combine work with higher education - training of highly qualified personnel, as well as employees admitted to the degree of candidate of science or doctor of science

See Encyclopedias and other comments on article 173.1 of the Labor Code of the Russian Federation

Employees mastering the training programs for scientific and pedagogical staff in postgraduate (adjuncture) studies, residency programs and assistantship-internship programs for correspondence courses are entitled to:

additional leave at the place of work lasting 30 calendar days during the calendar year with the preservation of average earnings. At the same time, the time spent on travel from the place of work to the place of training and back is added to the specified additional leave of the employee, while maintaining the average earnings. The specified travel is paid by the employer;

one free day from work per week with payment in the amount of 50 percent of the wages received. The employer has the right to provide employees, at their request in the last year of study, with no more than two additional free days from work per week without pay.

Employees admitted to the competition for the degree of Candidate of Science or Doctor of Science are entitled to receive them in the order. established by the Government of the Russian Federation, additional leave at the place of work lasting three and six months, respectively, with the preservation of average earnings.

Information about changes:

Federal Law No. 185-FZ of July 2, 2013 amended Article 174 of this Code. The amendments shall enter into force on September 1, 2013.

Article 174

See Encyclopedias and other comments on article 174 of the Labor Code of the Russian Federation

Employees who successfully master state-accredited educational programs of secondary vocational education in part-time and part-time forms of education are provided by the employer with additional leaves while maintaining average earnings for:

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

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

Information about changes:

The employer is obliged to grant unpaid leave:

employees admitted to entrance examinations - 10 calendar days;

employees who master state-accredited educational programs of secondary vocational education in full-time education and combine education with work, for passing intermediate certification - 10 calendar days per academic year, for passing the state final certification - up to two months.

For employees who are studying state-accredited educational programs of secondary vocational education in part-time education, once a school year, the employer pays for travel to the location of the educational organization and back in the amount of 50 percent of the fare.

Employees who are mastering state-accredited educational programs of secondary vocational education in part-time and part-time forms of study, within 10 academic months before the start of the state final certification, are set, at their request, a working week, reduced by 7 hours. During the period of release from work, the specified 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, concluded in writing, the reduction of working time is carried out by providing the employee with one free day from work per week or by reducing the length of the working day (shift) during the week.

Guarantees and compensations for employees who combine work with education in educational programs of secondary vocational education that do not have state accreditation are established by a collective agreement or an employment contract.

Information about changes:

Information about changes:

Federal Law No. 185-FZ of July 2, 2013 reworded Article 176 of this Code, which shall enter into force on September 1, 2013.

Article 176

See Encyclopedias and other comments on article 176 of the Labor Code of the Russian Federation

Employees who successfully master state-accredited educational programs of basic general or secondary general education in part-time education, the employer provides additional leave with the preservation of average earnings to pass the state final certification for the educational program of basic general education for a period of 9 calendar days, according to the educational program secondary general education for a period of 22 calendar days.

Employees who are mastering state-accredited educational programs of basic general or secondary general education in part-time and part-time education, during the academic year, at their request, a working week is established, reduced by one working day or by the number of working hours corresponding to it (with a reduction in the working day ( shifts) during the week). During the period of release from work, the specified employees are paid 50 percent of the average earnings at their main place of work, but not less than the minimum wage.

Read also: Withholding overpaid amounts from wages

Guarantees and compensations for employees who combine work with the development of educational programs of basic general or secondary general education that do not have state accreditation in part-time and part-time education are established by a collective agreement or an employment contract.

Information about changes:

Federal Law No. 185-FZ of July 2, 2013 amended Article 177 of this Code. The amendments shall enter into force on September 1, 2013.

Article 177

See Encyclopedias and other comments on article 177 of the Labor Code of the Russian Federation

Guarantees and compensations for employees who combine work with education are provided upon receiving an education of the appropriate level for the first time. The specified guarantees and compensations can also be provided to employees who already have a vocational education of the appropriate level and are sent to receive education by the employer in accordance with an employment contract or apprenticeship agreement concluded between the employee and the employer in writing.

The additional holidays provided for by Articles 173-176 of this Code, by agreement of the employer and the employee, may be accompanied by annual paid holidays.

An employee who combines work with education at the same time in two organizations engaged in educational activities, guarantees and compensations are provided only in connection with education in one of these organizations (at the choice of the employee).

The form of the certificate-call, which gives the right to provide guarantees and compensations to employees who combine work with education, is approved by the federal executive body responsible for developing state policy and legal regulation in the field of education.

Home Documents of the Labor Code of the Russian Federation, Article 173. Guarantees and compensations for employees who combine work with higher education in bachelor's programs, specialist's programs or master's programs, and employees entering training in these educational programs

Prepared revisions of the document with changes that have not entered into force

"Labor Code of the Russian Federation" dated December 30, 2001 N 197-FZ (as amended on July 3, 2016) (as amended and supplemented, effective from January 1, 2017)

Labor Code of the Russian Federation, Article 173

Employees who are sent for training by the employer or who independently enroll in state-accredited bachelor's programs, specialist's 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 preservation of average earnings for:

(as amended by Federal Law No. 185-FZ of July 2, 2013)

(see text in previous edition)

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);

(as amended by Federal Law No. 185-FZ of July 2, 2013)

(see text in previous edition)

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

(as amended by Federal Law No. 185-FZ of July 2, 2013)

(see text in previous edition)

(see text in previous edition)

The employer is obliged to grant unpaid leave:

employees admitted to entrance examinations - 15 calendar days;

(as amended by Federal Law No. 185-FZ of July 2, 2013)

(see text in previous edition)

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

(as amended by Federal Law No. 185-FZ of July 2, 2013)

(see text in previous edition)

employees studying under state-accredited bachelor's programs, specialist's programs or full-time master's programs that combine education with work, for passing intermediate certification - 15 calendar days per academic year, for preparing and defending the final qualifying work and passing the final state exams - four months, for passing the final state exams - one month.

(as amended by Federal Law No. 185-FZ of July 2, 2013)

(see text in previous edition)

Employees who successfully master state-accredited bachelor's, specialist's or master's degree programs by correspondence study, once a school year, the employer pays for travel to and from the location of the relevant educational organization.

(Part three as amended by Federal Law No. 185-FZ of July 2, 2013)

(see text in previous edition)

Employees who master state-accredited bachelor's programs, specialist's 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 passing the state final certification are set at their request a working week, reduced by 7 hours. During the period of release from work, the specified employees are paid 50 percent of the average earnings at their main place of work, but not less than the minimum wage.

(as amended by Federal Law No. 185-FZ of July 2, 2013)

(see text in previous edition)

By agreement of the parties to the employment contract, the reduction of working time is carried out 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 compensations for employees who combine work with studies in bachelor's programs that do not have state accreditation, specialist's programs or master's programs are established by a collective agreement or an employment contract.

(as amended by Federal Law No. 185-FZ of July 2, 2013)

(see text in previous edition)

Article 173 of the Labor Code of the Russian Federation. Guarantees and compensations for employees who combine work with education in educational institutions of higher professional education, and employees entering these educational institutions

Article 173 of the Labor Code of the Russian Federation with comments and changes for 2016-2017.

Employees who are sent for training by the employer or who independently enroll in state-accredited bachelor's programs, specialist's 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 preservation of 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 educational program of higher education mastered by the employee;
• The paragraph became invalid as of September 1, 2013. - Federal Law of July 2, 2013 N 185-FZ.

The employer is obliged to grant unpaid leave:

• employees admitted to entrance examinations - 15 calendar days;
• employees - students of the preparatory departments of educational organizations of higher education to pass the final certification - 15 calendar days;
• employees studying under state-accredited bachelor's programs, specialist's programs or full-time master's programs that combine education with work, for passing intermediate certification - 15 calendar days per academic year, for preparing and defending the final qualifying work and passing the final state exams - four months, for passing the final state exams - one month.

Employees who successfully master state-accredited bachelor's, specialist's or master's degree programs by correspondence study, once a school year, the employer pays for travel to and from the location of the relevant educational organization.

Employees who master state-accredited bachelor's programs, specialist's 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 passing the state final certification are set at their request a working week, reduced by 7 hours. During the period of release from work, the specified 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, the reduction of working time is carried out 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 compensations for employees who combine work with studies in bachelor's programs that do not have state accreditation, specialist's programs or master's programs are established by a collective agreement or an employment contract.

Commentary on article 173 of the Labor Code of the Russian Federation:

1. According to Article 173 of the Labor Code of the Russian Federation, guarantees and compensations for employees studying in absentia and part-time (in the evening form of education) in higher educational institutions, regardless of their organizational and legal forms, are provided only at the main place of work (Article 287 of the Labor Code) and subject to two conditions: the availability of state accreditation from the educational institution and the successful development of the educational program by the student.

Read also: Did not pay sick leave where to go

2. The procedure for conducting state accreditation of educational institutions of higher professional education, regardless of their departmental subordination and organizational and legal forms, determines the Regulation on state accreditation of a higher educational institution, approved. Decree of the Government of the Russian Federation of December 2, 1999 N 1323 (SZ RF. 1999. N 49. Art. 6006). It applies to universities that have a license to conduct educational activities in the field of higher professional education, issued by the Federal Service for Supervision in Education and Science, and a conclusion on the certification of the university, issued by the relevant state body that conducted the certification.

State accreditation is a procedure for the recognition by the state, represented by its state governing bodies, of the status of an educational institution (type, type, category of an educational institution, determined in accordance with the level and focus of educational programs being implemented).

Universities are accredited for a period not exceeding 5 years. According to the positive results of state accreditation, an educational institution of higher professional education receives a certificate of the established form. The certificate confirms the state status of an educational institution, the level of educational programs being implemented, the compliance of the content and quality of graduate training with the requirements of state educational standards, the right to issue state documents to graduates on the appropriate level of education.

3. Employees are considered to be students successfully if they have no debt for the previous course (semester) and by the beginning of the laboratory examination session they have passed all the tests, completed all the work in the disciplines of the curriculum (tests, course projects, etc.) items submitted for the session.

4. The successful combination of work activity with studies in higher educational institutions is guaranteed by the provision of additional vacations by employers while maintaining average earnings.

Article 173 of the Labor Code of the Russian Federation distinguishes between the following types of paid holidays:

• a) vacations for passing intermediate certification;
• b) leave for the period of preparation and defense of the final qualifying work and passing the final state exams;
• c) leave for the period of passing the final state exams.

The duration of the leave depends on the course the employee is studying (on the period of mastering the educational programs) and on the specific purpose of the leave.

Vacations are granted for:

• passing intermediate certification at the 1st and 2nd courses, respectively - 40 calendar days each, at subsequent courses, respectively - 50 calendar days each;
• passing intermediate certification in the 2nd year when mastering the main educational programs in a shortened time - 50 calendar days;

In addition, the commented article imposes on the employer the obligation to provide unpaid leave of 15 calendar days: to employees admitted to entrance exams to higher educational institutions; employees who are students of preparatory departments at institutions of higher professional education, to pass final exams.

5. Since full-time students are allowed to combine study with work, it became necessary to establish guarantees for them as well, in order to ensure the realization of their right to receive higher education with the opportunity to engage in useful activities in a certain area of ​​the national economy (paragraph 63 of the Model Regulation on an educational institution higher professional education (higher educational institution) of the Russian Federation, approved by Decree of the Government of the Russian Federation of April 5, 2001 N 264 // SZ RF, 2001. N 16, Article 1595).

In accordance with Article 173 of the Labor Code of the Russian Federation, the employer is obliged to provide unpaid leave to employees - students of institutions of higher professional education full-time, combining study with work, for:

• passing the intermediate certification - 15 calendar days in the academic year;
• preparation and defense of the final qualifying work and passing the final state exams - 4 months;
• passing the final state exams - 1 month.

6. Leave in connection with education is granted on the basis of a certificate-call of an educational institution. The forms of this certificate are approved by the Order of the Ministry of Education of Russia dated May 13, 2003 N 2057 (BNA RF. 2003. N 47).

One certificate is intended for obtaining additional leave with pay in connection with the passage of an intermediate certification, the other - in connection with the preparation and defense of the final qualification work and passing the final state exams or passing the final state exams (BNA RF. 1997. N 4).

Upon receipt of a certificate-call, the employee has the right to demand timely leave, and the employer has the obligation to grant him leave.

7. Vacations granted in connection with on-the-job training in educational institutions of higher professional education have a strictly designated purpose and must be used only within the established time limits.

Therefore, if the student did not participate in the examination session and did not use the study leave, he loses the right to it. If the reasons for the non-appearance of the student for the session are valid (for example, in case of illness), the right to leave is reserved for him.

Students who are left for a repeat course of study for good reasons and did not use study leave for this course are entitled to it if they successfully completed the corresponding curriculum for the second year of study.

8. Holidays are usually granted to participate in the examination session for a number of fixed days in a row. If the educational institution has allowed the student to do laboratory work, take tests and exams during the intersessional period, he can use the vacation in installments. The duration of the vacation granted in a breakdown should not exceed the total duration of the vacation for the corresponding course of study established in the academic year.

Students of the last courses of correspondence educational institutions of higher professional education who, according to the curriculum, take a theoretical course in the amount of one semester and participate in one examination session, are granted half the leave.

9. Leave for the period of passing the final state exams is provided, as a rule, at a time. And only when the final exams are held in 2 terms - in parts. But even in this case, study leave should not exceed the duration determined for him by law.

10. When applying article 173 of the Labor Code of the Russian Federation, it should be taken into account that the time of additional leave is paid on the basis of average earnings calculated in the manner established for annual holidays (see comments to article 139).

11. Wages for vacation time are paid before it starts, and not after the return of a student studying at a higher educational institution on the job from an examination session, as is often the case in practice. If a student has not passed all tests or exams, no deductions from his salary are made.

12. As provided for in paragraph 3 of Art. 17 of the Law on Vocational Education, students studying by correspondence, once a school year, the employer organization pays for travel to the location of the higher educational institution and back to perform laboratory work, pass tests and exams, as well as to pass state exams, prepare and defense of the final qualifying work.

13. If students have the right to 2 different vacations in a given calendar year, for example, vacations for taking course exams for the last year and final state exams, travel is paid twice.

The time required for travel is not included in the total duration of the study leave and is not paid.

14. When calculating the 10-month period provided before the start of the graduation project (work) or passing the final state exams, only academic months are taken into account; vacation months (July-August) are excluded from the calculation.

15. The procedure for granting a guarantee in the form of a reduction in working hours during the week (for one day off from work or for the corresponding number of hours off work) is determined by agreement of the parties.

16. The summation of days off from work provided to employees in connection with training is not allowed as a general rule.

Students of educational institutions of higher professional education that train specialists for the fishing industry are allowed for a period of 10 academic months before the start of the graduation project (work) or passing the final state exams to sum up the days free from work and use it at a convenient time for them by agreement with employers ( Order of the USSR Ministry of Higher Education of September 10, 1985 N 636 // Bulletin of the USSR Ministry of Higher Education. 1985. N 11).

At the request of teachers studying in educational institutions of higher professional (pedagogical) education, days off from work are provided to them in total during the vacation period (Resolution of the Council of Ministers of the RSFSR of March 15, 1962 // SP RSFSR. 1962. N 7. Art. 39) .

17. Guarantees and compensations provided for in Article 173 of the Labor Code of the Russian Federation do not apply to employees who combine work with education in higher educational institutions that do not have state accreditation. For such workers, guarantees and compensation may be included as an additional condition in employment contracts. For students - employees of organizations, regardless of their organizational and legal forms and forms of ownership, guarantees and compensations can be established in collective agreements and even a higher degree of social protection (for example, additional holidays of a longer duration, instead of leave without pay, provide for leave with pay ).

The Labor Code of the Russian Federation provides for a large number of different types of leave that each employee can issue. At the same time, not everyone knows about the nuances of how the study leave is processed in 2019.

Main Aspects

Dear readers! The article talks about typical ways to solve legal issues, but each case is individual. If you want to know how solve exactly your problem- contact a consultant:

APPLICATIONS AND CALLS ARE ACCEPTED 24/7 and 7 days a week.

It's fast and FOR FREE!

According to labor legislation, not every employee can take study leave. This type of exemption from work is intended for those who are studying in any of the educational centers.

Many employees combine training and work. Not many people know that study leave does not affect annual leave.

General points

Registration of study leave should always be carried out at the request of the employee. And the employer cannot refuse this type of exemption.

Is study leave paid? The legislation establishes another rule - the mandatory payment of all the days that a citizen spends on training.

An important document during registration will be confirmation of the accreditation of the educational institution. Since the legislation regulates only those study holidays that are needed to study at state-licensed institutions.

If an employee is studying at a foreign educational institution, then such regulation is carried out on the basis of personal agreements between the employer and the employee.

This can be reflected in the employment contract. Since often the employer himself is the initiator of advanced training and for this he chooses foreign educational centers.

Who is entitled to provide

Is the employer required to provide this type of leave? There are a number of such employees:

What regulations regulate (Article 173, 176 of the Labor Code of the Russian Federation)

The main thing in this area will be the Labor Code of the Russian Federation. Article 173 contains information about what guarantees a student receives in bachelor's, specialist's and master's programs.

The same article also discusses vacation options for applicants for these university programs. It also talks about maintaining average earnings and how the duration of study leave is calculated.

Article 176 of this code establishes the rules for educational leave already for those who receive education in the middle link. At the same time, the form of training is not important - full-time or part-time.

Since in any case, the employee can count on compensation. For those who combine work and study, you need to familiarize yourself with Article 177 of the Labor Code of the Russian Federation.

How to apply for a study leave under the Labor Code

Registration of leave in connection with training is carried out on the basis of the application of the employee. It should be written in the prescribed form and taking into account all the rules for compiling this document.

Indeed, on its basis, payments will be calculated for the time the citizen is absent from the workplace. Next, the registration of this document and the issuance of an order. After that, the accountant calculates the payments.

The participation of the employee in this procedure ends at the stage of submission of documentation.

Length of paid vacation

You need to know how many days a year of study leave are provided in accordance with different programs and forms of study. In fact, there is a whole list of vacations due to students of higher educational institutions.

Moreover, some employers encourage the training of employees and in every possible way contribute to their mental and professional development, which affects the level of work.

Form of study	Vacation type	Duration
Daytime	Admission Session Diploma and master's works State exams	15 days 15 days a year 4 months (for each job) Not more than a month
Correspondence/evening	Session (1-2 courses) Session (other courses)	40 days No more than 50 days
PhD	Visiting the place of study Free study day	30 days 1 day per week (for the last course 2 days)

How to write an application (sample)

This document is best prepared according to the model. Since you will need to enter the following data:

1. Information about the company-employer and about the employee.
2. The text of the request for a vacation with the setting of a specific period of time.
3. Information about the educational institution in which the training is conducted is also provided.
4. The option of paying for the vacation, which relies in this case, is entered.

Photo: sample application for study leave

At the end of the application put the date, initials and signature. A call certificate is attached to the paper. A sample application for study leave is available.

Drawing up an order

This type of document is issued on the basis of an application for a study leave. The order is filled in according to the uniform form established by law for all under the number T-6.

The document reflects all information about the vacation:

• to whom it was issued;
• what is its duration and dates of absence of the employee at the workplace;
• Document Number;
• employee position.

Photo: sample order for leave in the form of T-6

Display in the time sheet

There are several options for completing this document. Because there are two ways to display data in a spreadsheet. The first is continuous, which involves filling in information every day.

The second one provides for affixing marks only for late arrivals and absences from the workplace. Each employee should have their own line. Vacation days are affixed there, with the appropriate designations.

When calculating wages, indicate the number of these days per month separately from the main days of work. The table is closed monthly.

How it is calculated (examples)

It is important to know how this type of vacation is paid at work. For basic calculations, the employer uses the value of average earnings. It is quite easy to calculate it.

Add up the employee's income for the last year. And this amount is divided by 12 months. This action is necessary to equalize wages. After all, it can change throughout the year.

Next, apply the number of the average number of days in a month. In accordance with legislative norms, this figure is equal to the number 29.3. It is by this indicator that you need to divide the received average salary for the month.

In this way, the amount of daily wages that a citizen receives on average is calculated.

Based on the number received, payments for the vacation period are calculated - daily earnings are multiplied by the number of days of rest. If it coincided with the annual, then payment is made only for one of the holidays.

With a second higher education

In this case, study leave will not be granted. It is these provisions that are contained in the legislation of the Russian Federation in the labor field.

The employer issues study leave with pay only if the employee receives the first education.

The employee will have to receive a second higher education with a vacation that will not be paid. Although the reverse provisions can be written in the individual labor contract. But from a legislative point of view, the employer is not obliged to pay for such training.

With distance learning

Is this study leave paid or not? Only if the employee entered the degree for the first time.

There are also a number of additional benefits for employees who study at the correspondence department:

• for a period of 10 months, you can get one day off or a shortened work week;
• An annual payment is made to compensate for travel expenses to and from the place of study.

At the same time, the calculations for paying for such a release from work are carried out according to the standard scheme - in the same way as the usual vacation option.

Master's degree

As long as the employee receives an education that improves his qualifications, he can count on full pay for study leave. Payments will be made in accordance with the norms established by law.

This is the standard counting algorithm, which is also used for the regular vacation option. Additional payments in case of obtaining a master's degree are not given. But there are options for such benefits if their implementation is specified in the employment contract.

Soldier (under contract)

In this case, the execution of payments will depend on what rank the military has. Legislation defines different provisions for privates, officers, ensigns, contract employees.

At the same time, for those who study on a state basis, the payment of monetary allowance and the issuance of paid leave are provided. You can also pay for travel to the place of study and back.

If the training takes place on a contract basis, then no payments are due. And the employee will need to take additional leave only at his own expense.

In this case, study leave for employees combining work with study will be combined with the main leave.

When are payments due?

The law says whether the employer must have time to issue vacation pay payments at any time. He is obliged to make payment at least three days before the start of this holiday.

Full text of Art. 173 of the Labor Code of the Russian Federation with comments. New current edition with additions for 2019. Legal advice under article 173 of the Labor Code of the Russian Federation.

Employees who are sent for training by the employer or who independently enroll in state-accredited bachelor's programs, specialist's 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 preservation of 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 educational program of higher education mastered by the employee;
the paragraph became invalid on September 1, 2013 - Federal Law of July 2, 2013 N 185-FZ.

The employer is obliged to grant unpaid leave:
employees admitted to entrance examinations - 15 calendar days;
employees - listeners of preparatory departments of educational organizations of higher education for passing the final certification - 15 calendar days;
employees studying under state-accredited bachelor's programs, specialist's programs or full-time master's programs that combine education with work, for passing intermediate certification - 15 calendar days per academic year, for preparing and defending a final qualifying work and passing final state exams - four months, for passing the final state exams - one month.

Employees who successfully master state-accredited bachelor's, specialist's or master's degree programs by correspondence study, once a school year, the employer pays for travel to and from the location of the relevant educational organization.

Employees who master state-accredited bachelor's programs, specialist's 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 passing the state final certification are set at their request a working week, reduced by 7 hours. During the period of release from work, the specified 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, the reduction of working time is carried out 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 compensations for employees who combine work with studies in bachelor's programs that do not have state accreditation, specialist's programs or master's programs are established by a collective agreement or an employment contract.

(Part as amended, put into effect on September 1, 2013 by Federal Law No. 185-FZ of July 2, 2013. - See previous edition)

Commentary on Art. 173 Labor Code of the Russian Federation

1. Changes made to Ch. 26 of the Labor Code, related to the reform of the education system in the Russian Federation on the basis of the Federal Law of December 29, 2012 N 273-FZ "On Education in the Russian Federation", relate mainly to the terms and concepts used and only slightly affect the content of the guarantees and compensations provided.

Employees receiving education are provided with a number of guarantees that allow them to combine training with work. The range of guarantees provided, their content, as well as the amount of compensation payments depend on the type of educational organization, level of education and type of educational program. There are general educational programs and vocational education programs (secondary and higher), as well as vocational training programs; state, municipal and private educational organizations; general educational, professional educational organizations and educational organizations of higher professional education.

Educational organizations may or may not have state accreditation. State accreditation of educational activities is a confirmation of compliance with federal state educational standards of educational activities in basic educational programs and training of students in educational organizations. Accreditation is carried out not in relation to the educational organization as such, but according to the educational programs it implements.

2. Guarantees and compensations to persons studying in educational institutions of higher professional education are provided only if they study in accredited educational programs. The certificate of state accreditation must have an appendix with a list of accredited educational programs that are implemented by the university. Educational programs not included in the list are not accredited, and education on them does not entitle you to the guarantees established by the commented article.

3. Part 1 of the commented article provides for the provision of guarantees to persons successfully studying at the university. Successful students are persons who do not have academic debts for the previous semester, who performed all types of work (term papers, control, laboratory, experimental, etc.) and received credits in all disciplines provided for by the curriculum in the current semester.

Successful learning is confirmed by the student's certificate-call, the form of which for university students was approved by Order of the Ministry of Education and Science of the Russian Federation dated December 19, 2013 N 1368. The certificate-call of the established form is the only document confirming the student's right to receive guarantees provided for articles for successful students.

4. The main guarantee for successfully studying at a university is the obligation of the employer to provide such persons with additional paid leave for study. These holidays include:
a) leave of 40 calendar days in the first and second years, 50 calendar days - in subsequent courses for passing intermediate certification (for passing exams and tests, performing laboratory and experimental work, participating in practical and seminar classes and other types of classroom studies provided for curriculum);
b) leave of 40 calendar days in the first year, 50 calendar days in subsequent courses for the same purposes for persons studying in a reduced period;
c) leave of up to four months to pass the state final certification.

All specified holidays are calculated in calendar days and months.

During these holidays, employees who combine work with education retain their average wages. For the procedure for calculating average earnings, see.

5. Vacations for passing intermediate attestation are provided in the terms in which the session is held at the university - installation and examination.

Part-time students are usually granted leave for a set number of calendar days in a row, however, if the curriculum provides for the possibility of performing certain types of study work between sessions, leave, in agreement with the employer, may be granted in parts, but in any case no more than set total duration.

Part-time (evening) students who attend classroom classes during the semester are granted leave only for the period of examinations and tests, the delivery of which is provided for by the curriculum during the session. These days can be used both in a row and in parts, but only during the session.

6. In all cases, the duration of vacations is imperative, so the employer cannot provide vacations of shorter duration (in total during the academic year), even if the student is certified ahead of schedule in terms of disciplines.

With regard to holidays for the state final certification, a different approach was applied - the maximum duration of the holiday was established, and its specific amount is determined in accordance with the curriculum. However, if, in accordance with the schedule, state examinations and the defense of the thesis are completed before the end of the vacation period, the student has the right not to start work until the end of the established period.

7. Along with paid holidays, the employer in a number of cases is obliged to provide holidays without pay (part 2 of the commented article). Such an obligation arises primarily in relation to employees admitted to entrance examinations to universities. The basis for granting leave is a certificate of admission to entrance examinations issued by the university.

In addition, since the right to leave is associated with the state accreditation of the university, the employee must provide a document confirming this.

The right to leave without pay for passing entrance examinations is granted an unlimited number of times.

The employer is also obliged to guarantee unpaid leave to students of preparatory departments of universities for passing the final certification. This leave should be provided to all students, regardless of the form of study (full-time, part-time, part-time). Leave for students of preparatory departments is provided on the basis of a certificate-call of the approved form.

8. Full-time students who combine work with study in state-accredited educational programs of higher professional education are also entitled to unpaid leave. This leave is granted to them for passing intermediate attestation (for 15 calendar days a year), for preparing and defending their final qualifying work and passing state exams (for four months) or only for passing state exams (for one month). In accordance with part 2 of the commented article, all full-time students, and not only those who successfully study, have the right to leave without pay. The basis for granting these holidays is also a certificate-call of the approved form.

9. Part 3 of the commented article obliges the employer once in the academic year to pay for employees who successfully study at universities in part-time education, travel to the location of the educational organization and back. Payment is made in the manner established for payment of travel expenses (see).

10. Part 4 of the commented article provides employees studying by correspondence and part-time (evening) forms of education with the right to reduce the working week by 7 hours. 10 academic months before the start of the preparation of a thesis or passing state exams with the preservation of 50% of the salary during the time of release from work, but not less than the minimum wage (on the calculation of average earnings, see Article 139 of the Labor Code of the Russian Federation and commentary thereto).
The Labor Code establishes only limits on the reduction of working time - 7 hours per week. The mode of operation during this period is established by agreement of the parties to the employment contract. This can be either a reduction in daily work for a specified time (by equal or unequal every day), or the provision of one day a week free from work.

11. In accordance with paragraph 13 of Art. 255 of the Tax Code, the employer's expenses for wages, kept in accordance with the legislation of the Russian Federation for the duration of study holidays, are included in labor costs when calculating income tax.

12. In addition to those established by law, collective or labor agreements may provide for other guarantees and compensations for students at the university. This applies, in particular, to persons studying in educational programs that do not have state accreditation; persons with academic debts; persons receiving higher professional education repeatedly.

Consultations and comments of lawyers on the legislative system of the Russian Federation

If you still have questions about the legislation of the Russian Federation and you want to be sure that the information provided is up-to-date, you can consult the lawyers of our website.

You can ask a question by phone or on the website. Initial consultations are free of charge from 9:00 to 21:00 Moscow time daily. Questions received between 21:00 and 09:00 will be processed the next day.

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 (Articles 173-176 of the Labor Code of the Russian Federation), 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;

This is the first time a worker has received such a level of education.

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. To do this, this condition must be spelled out in an employment or collective agreement (Articles 173, 174 of the Labor Code of the Russian Federation). If the employer sent the employee to such training with a break from work, the employee is provided with guarantees and compensations provided for by the Labor Code (Article 187 of the Labor Code of the Russian Federation).

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 himself in accordance with an employment contract or a student agreement concluded in writing (Article 177 TC RF).

H 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.

E 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 (Article 287 of the Labor Code of the Russian Federation). In relation to part-time work, such an employee, on the basis of his application, may be granted ordinary leave without pay (Article 128 of the Labor Code of the Russian Federation). If an employee studies simultaneously in two organizations engaged in educational activities, then leave is due in connection with training in only one of these organizations at the choice of the employee (Article 177 of the Labor Code of the Russian Federation).

TO when study leave is 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 (Articles 173, 174 of the Labor Code of the Russian Federation). Paid study holidays are provided in calendar days.

The reason and duration of study leave depend on the type of education the employee receives (see table 1).

Table 1. Duration of paid study leave depending on the type of education

Type of education		Purpose of vacation	Duration of educational paid leave (Articles 173-176 of the Labor Code of the Russian Federation)
Higher (academy, university, institute)	Bachelor's, Specialist's, Master's. correspondence,		40 calendar days
			50 calendar days
		Mastering the program in a short time in the second year	50 calendar days
			Up to 4 months according to curriculum
	Postgraduate (adjuncture). Extramural studies	Education
			3 months
	Residency, assistantship - internship. Extramural studies	Education	Annually 30 calendar days + travel time from place of work to place of study and back
	Applicants for the degree of candidate of sciences	Completion of the dissertation for the degree of candidate of sciences	3 months
	Correspondence, part-time (evening) form of education	Intermediate certification (session) in the first and second years	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 according to curriculum
Basic general (evening 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

P study leave pay schedule

For the period of paid study leave, the employee retains the 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 it starts (Article 136 of the Labor Code of the Russian Federation). 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 bears financial responsibility (Article 236 of the Labor Code of the Russian Federation). It does not matter whether the employer is to blame for the delay in payment or not.

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 (Article 137 of the Labor Code of the Russian Federation). 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 (Article 357 of the Labor Code of the Russian Federation). In addition, the inspection has the right to bring the perpetrators to administrative responsibility (Article 5.27 of the Code of Administrative Offenses of the Russian Federation).

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 (see table 2).

Table 2. Duration of unpaid study leave depending on the type of education

Type of education	Purpose of vacation	Length of unpaid study leave
Higher (bachelor's degree, specialist's degree, master's degree)	Entrance tests (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 per 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 (part 2 of article 9 of the Labor Code of the Russian Federation).

Conversely, it is not forbidden to improve the position of workers in comparison with labor legislation. Therefore, in a collective agreement or in an 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 (Articles 9, 41, 57 of the Labor Code of the Russian Federation).

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 time worked, and average earnings for the actually used vacation days. The fact that the partial provision of study leave within the period specified in the call certificate does not contradict labor legislation is also confirmed by judicial practice (determinations of the Trans-Baikal Regional Court of March 21, 2012 No. 33-835 / 2012, Vologda Regional Court of September 28, 2011 No. 33-4454/2011). Although Rostrud has a different point of view on this issue (letter of Rostrud dated September 12, 2013 No. 697-6-1). 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.

D Documents for registration of study leave

The basis for granting study leave is a call certificate (Article 177 of the Labor Code of the Russian Federation). Two forms of certificate-call are approved: for those receiving higher education (order of the Ministry of Education of Russia dated 13.05.2003 No. 2057) and secondary vocational education (order of the Ministry of Education of Russia dated 12.17.2002 No. 4426). Help-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.

Opinion

Boris Chizhov, Deputy Head of the Records Management Department of the Administration of the Federal Service for Labor and Employment, State Counselor of the Russian Federation, 2nd class

If the employee did not submit a certificate of challenge

A call certificate is issued by an educational institution to an employee before the start of the study leave. It consists of two parts: directly help-call and help-confirmation. The employee gives the organization a document with the completed first part. It serves as the basis for granting study leave to an employee and accruing vacation pay to him.

If the employee has not submitted such a certificate, then the employer has no reason to grant him study leave. At the same time, failure to appear at work can serve as a basis for considering the issue of absenteeism of an employee with the ensuing consequences.

Note that absenteeism refers to disciplinary offenses for which the employer, on the basis of the explanations provided by the absent employee, has the right to apply different types of disciplinary sanctions (Article 192 of the Labor Code of the Russian Federation) - remark, reprimand, dismissal.

If an employee made absenteeism and was punished, then he does not lose the right to use the next study leave upon presentation of a call certificate in the prescribed manner.

The certificate confirms the state status of an educational institution, the level of educational programs being implemented, the compliance of the content and quality of graduate training with the requirements of state educational standards, the right to issue state documents to graduates on the appropriate level of education. 3. Employees are considered to be students successfully if they have no debt for the previous course (semester) and by the beginning of the laboratory examination session they have passed all the tests, completed all the work in the disciplines of the curriculum (tests, course projects, etc.) items submitted for the session. 4. The successful combination of work activity with studies in higher educational institutions is guaranteed by the provision of additional vacations by employers while maintaining average earnings.

Study leave according to the labor code (Articles 173-176 of the Labor Code of the Russian Federation)

The employer is obliged to provide leave without pay: employees admitted to entrance examinations - 10 calendar days; employees who master state-accredited educational programs of secondary vocational education in full-time education and combine education with work, for passing intermediate certification - 10 calendar days in the academic year, for passing the state final certification - up to two months. For employees who are studying state-accredited educational programs of secondary vocational education in part-time education, once a school year, the employer pays for travel to the location of the educational organization and back in the amount of 50 percent of the fare.

Labor Code - Study Leave (Article 173)

Leave without pay 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, to require the employer to reduce working hours. Education in different institutions Art. 176 says about the guarantees and compensations provided to working students of the evening departments of educational institutions.

Employers are required to provide paid additional leave for 9 days in general education programs and 22 in secondary education. At the request of the subordinate, a reduced working week for 1 day can be established for him. It can also be reduced by an appropriate number of working hours.

According to Art.

Student leave according to the labor code article 173

During the period of release from work, the specified employees are paid 50 percent of the average earnings at their main place of work, but not less than the minimum wage. (as amended by the Federal Law of 02.07.2013 N 185-FZ) (see the text in the previous edition) By agreement of the parties to the employment contract, the reduction of working time is carried out 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 compensations for employees who combine work with studies in bachelor's programs that do not have state accreditation, specialist's programs or master's programs are established by a collective agreement or an employment contract.

(as amended by the Federal Law of July 2, 2013 N 185-FZ) (see.

Blog

However, in the event that the employee has not enrolled in an educational organization of higher education, he can try again in subsequent years, exercising his right to the specified type of leave. The basis for granting such leave is a certificate-call of an educational institution (see paragraph 10 of the commentary to this article) and a corresponding statement from the employee. Attention Information about changes: See the text of Article 175 Information about changes: Federal Law of July 2, 2013
N 185-FZ Article 176 of this Code is set out in a new edition, which comes into force on September 1, 2013. See the text of the article in the previous edition Article 176.

Career

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 (Article 357 of the Labor Code of the Russian Federation). In addition, the inspection has the right to bring the perpetrators to administrative responsibility (Article 5.27 of the Code of Administrative Offenses of the Russian Federation). When study leave is not paid In addition to paid leave, a student employee has the right to take additional 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 (see table 2). Table 2.

Important

Employees who are mastering state-accredited educational programs of secondary vocational education in part-time and part-time forms of study, within 10 academic months before the start of the state final certification, are set, at their request, a working week, reduced by 7 hours. During the period of release from work, the specified 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, concluded in writing, the reduction of working time is carried out by providing the employee with one free day from work per week or by reducing the length of the working day (shift) during the week.

Here in this article we give a specific example of how this can be done.

Attention

So, study leave can be: - Paid (additional leave with the preservation of average earnings); - unpaid (vacation without pay). Who is entitled to study leave According to the provisions of the Labor Code (Articles 173-176 of the Labor Code of the Russian Federation), study leaves are granted to those employees who receive a certain level of education. The right to paid study leave arises if the following conditions are met: — the employee studies 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.

Study leave labor code article 173 176 nr rf

The pace of modern life is so intense that people often have to perform several activities at once. It is not uncommon in our time to combine work with study. Most Russian educational institutions are gradually moving to a paid form, so this approach is a forced necessity.

What guarantees and compensations can working students expect? General Information on Guarantees and Compensations The Constitution of the Russian Federation for all citizens guarantees the provision of secondary, general and primary vocational education free of charge. Every person has the right to receive it. You can study in higher educational institutions free of charge 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, write term papers.

Study leave labor code article 173 176 of the Labor Code of the Russian Federation

Paid leave is provided to students of part-time and part-time forms of study: when passing a session at a secondary special educational institution, an employee studying in the first and second courses is granted a leave of 30 days, in other courses - 40 days (Article 174 of the Labor Code of the Russian Federation); in order to pass state exams and defend a thesis, an employee has the right to receive leave for up to 2 months. Leave without pay is granted in the following cases: for entrance examinations - 10 calendar days; for full-time students - 10 calendar days for regular sessions, two months - for the final assessment.
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 (Article 137 of the Labor Code of the Russian Federation). 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.
Applicants for the degree of Candidate of Science Completion of a dissertation for the degree of Candidate of Science 3 months Secondary vocational (technical school, college) Correspondence, part-time (evening) form of education Intermediate attestation (session) in the first and second years 30 calendar days Intermediate attestation 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 general (evening 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 class XI (XII) 22 calendar days Procedure for paying study leave For the period of paid study leave, the employee retains average earnings.