In-service study. Professional development of employees. How best to teach

In accordance with part 4 of Article 196 of the Labor Code of the Russian Federation in the cases provided for
federal laws, other regulatory legal acts of the Russian
Federation, the employer is obliged to conduct professional development
employees, if this is a condition for the employees
certain activities.
The employer conducts vocational training, retraining, advanced training of employees, training them in the second professions in the organization, and, if necessary, in educational institutions of primary, secondary, higher professional and additional education at
conditions and in the manner determined by the collective agreement,
agreements, labor contract (part 2 of article 196 of the Labor Code of the Russian Federation).
For employees undergoing vocational training, the employer must create the necessary conditions for combining work with training, provide guarantees established by labor legislation and other regulatory legal acts containing labor law norms, a collective agreement, agreements, local regulations, an employment contract (part 5 of Article 196 Labor Code of the Russian Federation).
The employer's obligation to carry out advanced training of medical workers is established by the Procedure for improving their professional knowledge, approved by order of the Ministry of Health of the Russian Federation dated 03.08.2012 No. 66n, in accordance with paragraphs 3 and 4 of which:
- improvement of professional knowledge and skills by employees
carried out by training them in educational and scientific
organizations for additional professional educational
programs implemented in the form of advanced training, professional
retraining, internships.
- advanced training, professional retraining and training of employees are carried out mainly with a break from work, with a partial break from work and in individual forms of training.
- advanced training of employees is carried out at least once every 5 years during their entire labor activity.
In addition, in accordance with article 107 of the Labor Code of the Russian Federation, the time
daily (between shifts) rest, weekends and non-working holidays
are types of rest time, and rest time is the time during
which the employee is free from the performance of labor duties and who
he can use at his own discretion (Article 106 of the Labor Code of the Russian Federation).
Work performed by an employee on the initiative of the employer outside
the working time established for the employee is
overtime (article 99 of the Labor Code of the Russian Federation).
Thus:
1) Further training is your labor (i.e., performed during working hours) obligation and should be included in the terms of the employment contract concluded with you;
2) Conditions and procedures for advanced training (with
what specific frequency, in what cases, for what employees
specializations, advanced training is carried out in one form or another,
issues of remuneration, conditions for partial separation from work, etc.) must be established by a local act of the medical institution (collective agreement), but cannot worsen the position of employees in comparison with the current federal legislation.
3) Carrying out advanced training outside of working hours (rest time) is a gross violation of labor laws, an employee cannot be obliged to attend classes during rest, and the employer must organize the educational process during working hours. During vocational training, the employee is fully or partially released from work.
4) The employer should conclude with you an additional agreement on changing the working regime with the transfer of working hours to the period of employment, on referral to advanced training with a break from work and maintaining average earnings in accordance with Art. 187 of the Labor Code of the Russian Federation at the time of training. Remaining time (you are running more than 1 bet as I assume) you can
provide for hourly wages with appropriate pay.
5) Involving you to improve your qualifications outside of working hours is an involvement in overtime work, with all the ensuing consequences.

Good luck!

Calculation of wages during the employee's qualification improvement

In it, you can determine the place of training (where exactly one type of training is carried out - at the employer or in educational organizations), specific forms of combining work with training (with a break from work, without a break, with a partial break from work), the minimum number of employees, subject to training per year, as well as additional guarantees to employees (in addition to those established by labor legislation) for the period of vocational training, retraining and advanced training (if possible). In addition to developing such a local regulatory act, we recommend drawing up a training plan for employees.
For example, the Armed Forces of the Republic of Tatarstan, in the Appellate ruling of May 21, 2015 in case N 33-7283 / 2015, refused the employer to recover travel expenses for sending an employee to study in another locality. He substantiated his position as follows: travel expenses are not directly related to apprenticeships and from the position of labor legislation they relate to guarantees and compensations provided to the employee at the expense of the employer, which follows from the provisions of Art. Art. 164, 165 of the Labor Code of the Russian Federation. The employer's obligation to pay travel expenses to employees sent for advanced training is established by mandatory rules - Art.
187 and part 5 of Art. 196 of the Labor Code of the Russian Federation. Note! In accordance with Art.
If such conditions are included in a collective agreement, agreement or employment contract, then they are not applicable. An analysis of the content of these norms of the Labor Code of the Russian Federation allows us to conclude that in this case the norms of the regulation on personnel in force in the organization, on the need to undergo training in non-working hours should not apply to the employees specified in the question, and the employer's requirements to undergo training for employees in exactly the same manner and on such conditions as enshrined in this document are not lawful. In our opinion, sending an employee to take off-the-job training to the conditions specified in the question are possible only after obtaining the written consent of the latter * (2).

InfoEmployer sends employees to on-the-job training in the same locality as the employer. Off-the-job training is organized at the initiative of the employer; the obligation of an employee of this category to undergo advanced training by the legislation of the Russian Federation, an employment contract or a collective agreement is not provided for. An agreement on training with the employee was not concluded. The organization of advanced training (once every three years) for an employee of this category is provided for by the regulation on work with personnel operating in the organization, with which the employee is familiarized with signature.
Training is planned to be carried out in the evening (from 18.00 to 23.00), the employee is released from work on the days of training from performing work duties during working hours (while the working day for employees, according to the terms of the employment contract, is set from 08.00 to 17.00).
The Labor Code of the Russian Federation states that the training of employees is carried out by the employer on the terms and in the manner determined by the collective agreement, agreements, labor contract. The forms of training for employees, the list of necessary professions and specialties are determined by the employer, taking into account the opinion of the representative body of employees in the manner prescribed by Art. 372 of the Labor Code of the Russian Federation for the adoption of local regulations. Note that in cases stipulated by federal laws and other regulatory legal acts, the employer is obliged to conduct vocational training or additional vocational education for employees, if this is a condition for employees to perform certain types of activities. This requirement applies, for example: - to medical workers (clauses 8, clause 1 of Art.
The order on training with a break from work fixes the time of training, guarantees for maintaining the average earnings for the period of training. Does the employee have the right to refuse to undergo such training due to the fact that this regime does not coincide with the regime of his working time established by the employment contract? Having considered the issue, we came to the following conclusion: An employee has the right to refuse training conducted outside of working hours. An employee may be sent for training in the manner and on the conditions specified in the question, only with his written consent. Justification of the conclusion: In accordance with part one of Art. 197 of the Labor Code of the Russian Federation, the employer determines the need for training workers (vocational education and vocational training) and additional vocational education for their own needs. According to Art.
Note that the apprenticeship time during the week should not exceed the working time norm established for employees of the corresponding age, profession, specialty when performing the relevant work. In addition, during the period of the apprenticeship agreement, employees cannot be involved in overtime work, sent on business trips not related to apprenticeship (Article 203 of the Labor Code of the Russian Federation) .Many employers, instead of an apprenticeship agreement, issue an order to send them to training. This order will really come in handy - for example, accounting for the calculation of scholarships, wages, although labor legislation does not oblige to issue such an order.

On-the-job training

This article details on-the-job training and everything you need to know about it. There are situations when an employee needs to get an education, but he cannot leave work for this time. In such situations, experienced leaders try to weigh the pros and cons, and first decide whether there is really a need for education. After the decision is made, the employer will need to find methods to train his employee on the job.

Types of training

There are two types of training:

Produced in a third-party establishment;
On-the-job training, that is, without interrupting the worker from production.

On-the-job training occurs when an employee uses tools and equipment. It turns out that there is a combination of study and work at the same time.

The advantages of such training

The type of training has many significant advantages over another form of training. These include:

Low price, since training does not require leaving somewhere, everything happens right at the workplace;
High efficiency and effectiveness. This is due to the fact that a person's work will imply the performance of the same operations as during study, which allows you to gain experience and perform work with greater efficiency;
No further adaptation required. During training, the employee gets used to the team and subsequently there is no need for additional time to get used to the atmosphere and new environment.

Cons of such training

Of course, this kind of training will have minor drawbacks. Among them are:

The risk of not getting the proper quality of training. This point is possible in the event that the mentor himself does not possess all the necessary qualities or cannot devote as much time as is necessary for proper training;
Small wages. This item will be present in the case of piecework payments. Since neither the student nor his mentor can work out the norm during the study;
If the choice of the mentor was made illiterate, then there is a risk that the employee will be taught the wrong methods that only the mentor uses;
The presence of marriage and excessive consumption of raw materials. Occurs when a new employee is just learning to make a product and can make mistakes very often;
Equipment breakdown. In case of improper explanation to the employee of instructions on how to use it;
Inconvenience in the production atmosphere. A student who is not used to constant noise or bustle will feel awkward in the first days of work, which can be said for the occurrence of stress.

It should be noted, however, that some skills can only be taught in a production environment. This is due to the great importance of practice in such work. Theoretical knowledge is also important, but everything is learned exclusively in practice.

Documents for training and its registration

Everything related to new personnel belongs to the HR department. Usually this procedure does not cause problems. However, if you need to remove the cost of training from the tax base, you should immediately contact the accounting department. Accountants will help you organize this process correctly.

To arrange this type of training, you must provide a plan, which will indicate the number and composition of students, as well as the reasons for their training.

After that, it is necessary to draw up an order, which will reflect that training will take place on the job, and again register the reasons for such training.

In the case when the mentor is not an employee of the enterprise, but a specialist from another institution, then it is necessary to conclude a contract with him for the provision of educational services.

If one of the people who is listed as an employee in this organization is chosen as a mentor, then an additional agreement is drawn up for him. It is attached to the employment contract and the payment for the training of employees is prescribed in it.

It is also necessary to draw up apprenticeship contracts that will allow training to be carried out without interrupting production. Such an agreement contains information about what specialty or qualification category the employee will receive, as well as the responsibilities of both parties. Among the obligations that are determined by the agreement, I can include the following:

The management undertakes to provide the employee with all the necessary conditions for receiving training;
The employee undertakes to complete the training completely, with the passing of the exam, if the training requires it;
Also, some enterprises require a working period after completing training.

It is also necessary to decide on what date the studies will begin, and write it down in the same contract. If it is necessary to pay an employee a salary or a scholarship, it is also indicated in the contract.

In this article, you learned about on-the-job training. If you have any questions or problems that require the participation of lawyers, then you can ask for help from the specialists of the information and legal portal "Sherlock". Just leave a request on our website and our lawyers will call you back.

Editor: Igor Reshetov

On-the-job training

Advanced training by an employee is one of the types of apprenticeships (part 5 of article 196, part 1 of article 198 of the Labor Code of the Russian Federation).

If an employee undergoes on-the-job training, the institution is obliged to pay the employee a salary in accordance with the employment contract for the time of work (in proportion to the hours worked) and a scholarship, if provided by the agreement, for the period of study. The amount of the scholarship is determined by the apprenticeship agreement and depends on the profession, specialty, qualifications received. Moreover, the scholarship cannot be less than 1 minimum wage.

The rationale for this position is given below in the materials of Sistema Yurist.

"Parties to the student agreement

An organization can conclude two types of apprenticeship contracts - for retraining a specialist and for vocational training. *

A contract for vocational training can be concluded both with employees who are on the staff of the organization, and with citizens looking for work (applicants). The retraining agreement is concluded only with the employees of the organization.

This is stated in article 198 of the Labor Code of the Russian Federation.

Studying time

In the process of training, you can release an employee from work. However, on-the-job training is also allowed (part 1 of article 198 of the Labor Code of the Russian Federation). *

As a general rule, the time of study and work in aggregate should not exceed 40 hours per week (Articles 91, 203 of the Labor Code of the Russian Federation). However, there are exceptions to this rule. For example, the training and work time of an employee cannot exceed 35 hours if:

 the age of the employee is from 16 to 18 years old;

 the student is a disabled person of I or II group.

If a student is not yet 16 years old, then the time of his study and work cannot be more than 24 hours a week. This is stated in part 1 of article 92 of the Labor Code of the Russian Federation.

Procedure for concluding a contract

An apprenticeship agreement with an employee is additional to the employment agreement (part 2 of article 198 of the Labor Code of the Russian Federation).

An apprenticeship agreement is necessary to insure the organization against the risk of wasting money. For example, after graduating, the applicant will refuse to conclude an employment contract or a staff member will quit without good reason, without having worked out the time specified in the student's contract. In these cases, the student will be obliged to reimburse the organization for the costs (Article 207 of the Labor Code of the Russian Federation). If the employee, after graduation, completes the period specified in the apprenticeship contract, then he will not have to reimburse the training costs. *

An apprenticeship agreement is concluded in writing in two copies. In it, be sure to indicate a specific profession, specialty, qualification that the student will acquire in the learning process. Further in the contract, define the obligations of the parties. The administration of the organization must provide the student with the opportunity to learn. And the student is obliged to undergo such training.

In addition, indicate in the contract the period during which the student is obliged to work in the organization according to the profession, specialty, qualification received, after which it is considered that he has worked the entire cost of training.

This procedure is provided for in article 199 of the Labor Code of the Russian Federation.

The period of study and the amount of payment during the period of the apprenticeship are also mandatory conditions of the apprenticeship agreement. This is stated in Articles 200 and 204 of the Labor Code of the Russian Federation. *

An apprenticeship agreement concluded with an applicant who is not an employee of the organization is not civil law, therefore, the norms of civil law do not apply to it. Such an agreement is also not recognized as a labor agreement, despite the fact that the possibility of its conclusion is provided for by labor legislation (Articles 59, 198 of the Labor Code of the Russian Federation). A similar position is confirmed by the controlling departments (see letters of the Ministry of Finance of Russia dated May 7, 2008 No. 03-04-06-01 / 123, Federal Tax Service of Russia for Moscow dated August 13, 2007 No. 21-11 / 076667). "

"Payment for apprenticeship

During the period of apprenticeship, applicants and employees are paid a scholarship. Its size is determined by the apprenticeship agreement and depends on the profession, specialty, qualifications received. Moreover, the scholarship cannot be less than 1 minimum wage. Such rules are established in part 1 of article 204 of the Labor Code of the Russian Federation.

The training course may include hands-on training in the organization. This work must be paid separately at the established rates. This is stated in part 2 of article 204 of the Labor Code of the Russian Federation. The Labor Code of the Russian Federation does not specify in which document these rates should be established. Therefore, they can be prescribed in the apprenticeship agreement.

If an employee studies without interrupting work, then during the training he will receive a scholarship provided for by the apprenticeship agreement, and for the time of work - the salary provided for by the employment contract, in proportion to the hours worked. The opportunity to combine training and work on a part-time basis is expressly provided for in part 2 of article 203 of the Labor Code of the Russian Federation. "*

“Do I have to pay for the training hours as overtime. An employee is undergoing advanced training at the initiative of the employer in the evening after work

No, it doesn `t need.

Advanced training by an employee is one of the types of apprenticeships (part 5 of article 196, part 1 of article 198 of the Labor Code of the Russian Federation). With such an employee, the employer has the right to conclude an apprenticeship agreement and pay him a scholarship for the period of study. *

Overtime work is work outside the established working hours for an employee (part 1 of article 99 of the Labor Code of the Russian Federation). An employee who improves his qualifications in the evening after work does not perform his job function directly during training. Thus, training time is not overtime and is not payable as overtime. This conclusion follows from Articles 20, 97, 99, 152, 198, 204 of the Labor Code of the Russian Federation ”.

"An example of the conclusion of an apprenticeship contract for retraining on the job

The director of the organization decided to master a new area of \u200b\u200bactivity - the provision of services for the development of landscape design. In order not to search for a new specialist and not waste time on his adaptation, he decided to send an already working employee - A.I. Ivanova. An apprenticeship contract was signed with him for on-the-job retraining. ”*

The organization sends employees to refresher courses with a break from work from 8.30 to 14.00. Working hours at regular times - from 9.30 to 18.00. The employer claims that workers will have to work until 19:00 to work at least four hours a day (from 15:00 to 19:00). Thus, the time will be occupied from 8.30 to 19.00. Is it legal? How to apply for a course referral?

According to clause 7 of the Model Regulations on an Educational Institution of Continuing Professional Education (Advanced Training) for Specialists (hereinafter referred to as the Regulations), approved by Decree of the Government of the Russian Federation No. 610 dated 26.06.95, the level of qualifications and the need to master modern methods of solving professional problems.

Further training is carried out as needed, but at least once every five years during the entire labor activity of employees. The procedure and frequency of employees' qualification improvement are established by the collective agreement, agreements, labor contract. In cases stipulated by federal laws, other regulatory legal acts, the employer is obliged to carry out advanced training of employees if this is a condition for the employees to perform certain types of activities (Article 196 of the Labor Code of the Russian Federation and clause 7 of the Regulation).

The employer conducts advanced training of employees in the organization itself, and, if necessary, in educational institutions of primary, secondary, higher professional or additional education.

Professional development of employees in an educational institution is carried out with a break from work, without a break from work, with a partial break from work and according to individual forms of training (clause 41 of the Regulations).

The basis for sending employees to refresher courses may be a training plan and an order of the head to send them to courses (see the letter of the Ministry of Finance of Russia dated May 16, 2002 No. 04-04-06 / 88). If an employee is sent for advanced training with a break from work to another locality, an additional job assignment and a business trip certificate are issued (Article 187 of the Labor Code of the Russian Federation and clauses 6 and 7 of the Government of the Russian Federation of 13.10.2008 No. 749 "On the specifics of sending employees on business trips ").

When sending employees for advanced training, the employer must conclude an agreement with an educational institution. This is indicated in clause 7 of the Regulation.

In the time sheet, advanced training with a break from work is conventionally designated by the letter code "PC" or the digital code "07". This is indicated in the decree of the Goskomstat of Russia dated 05.01.2004 No. 1 "On approval of unified forms of primary accounting documentation for labor accounting and remuneration."

An apprenticeship agreement has been concluded with the employee. Is it obligatory to pay a scholarship if an employee is studying on the job (he needs to get a new specialty) or the salary is drawn up according to orders, that is, piecework? Should a scholarship payment clause be included in the student agreement? According to the first part of Art. 198 of the Labor Code of the Russian Federation, an employer - a legal entity (organization) has the right to conclude an apprenticeship agreement with an employee of this organization for vocational training or for retraining on the job. In accordance with Art. 199, art. 204 of the Labor Code of the Russian Federation, students during the period of apprenticeship are paid a scholarship, the amount of which is determined by the apprenticeship agreement and depends on the profession, specialty, qualifications received, but cannot be lower than the minimum wage established by federal law.

The amount of the scholarship under the apprenticeship agreement

In addition to these conditions, the apprenticeship agreement may contain other conditions, such as: - changing the student's working hours, if training is carried out on the job; - the need for practical training; - the form of apprenticeship (individual, team, training coursework, on-the-job training or on-the-job training, something else (Article 202 of the Labor Code of the Russian Federation)); - the rights and obligations of the student at the end of the apprenticeship (Article 207 of the Labor Code of the Russian Federation); - grounds for termination of the student's contract (Art. 208 of the Labor Code of the Russian Federation). Validity of the apprenticeship agreement The apprenticeship agreement is valid from the date specified in this agreement, during the period provided for by it (Part.

1 tbsp. 201 of the Labor Code of the Russian Federation). In this case, the term of the contract may be extended. So, by virtue of Part 2 of Art.

07.02.2017 scholarship during the apprenticeship of the employee

Of the Labor Code of the Russian Federation, the terms of the agreement must not contradict the Labor Code of the Russian Federation, the collective agreement, agreements, otherwise they will be invalid and not applicable. 4. The obligation of the employee to undergo training and, in accordance with the acquired qualifications, work under an employment contract with the employer during the period specified in the apprenticeship contract.

Apprenticeship term. According to Part 1 of Art. 200 of the Labor Code of the Russian Federation, an apprenticeship agreement is concluded for the period necessary to obtain this qualification. That is, the employer, when determining the period of apprenticeship, must be guided by the duration of educational programs to obtain a particular qualification.

Apprenticeship agreement: subtleties and nuances (shadrina tv.)

Now let's consider the second option: the employer sent the employee to take part-time training and pays for his training. In this case, indeed, we face some strange competition of norms. According to Art. 187 of the Labor Code of the Russian Federation, we must keep the average earnings for the employee, according to Art.
204 of the Labor Code of the Russian Federation - to pay a scholarship (to the average earnings). In the presence of an apprenticeship agreement, it is ideally correct from the point of view of legislation to issue both payments or to refuse to conclude an apprenticeship agreement (after all, an analysis of the legislation allows us to conclude that this is a right, and not an obligation of the employer, which we have demonstrated above).
However, in the absence of an apprenticeship agreement, the employer is deprived of the opportunity to recover the funds spent on employee training in court.

When studying is not a job: frugal relationships with newcomers

Hypothetically, the employer can send an employee to train and pay for it without concluding an apprenticeship agreement with him (for example, teach the employee a foreign language, computer literacy, and so on), but in this case, if the employee leaves immediately after graduation, then the money spent on his education and paid to a third organization, it will be quite problematic to return, as well as to make the employee work for a certain period. If we are talking about training a person looking for a job (although the conclusion of such apprenticeship contracts is quite a rarity), then without an apprenticeship contract there is no guarantee at all that after graduation such a student will go to work for you; in addition (unlike the first option), there will be problems with writing off the expenses of the training organization in order to calculate the income tax.
Currently, such standards are being actively developed, and the identity of the names of positions, professions and specialties contained in the ETKS and TSA, specialists and employees, the names of positions, professions and specialties in professional standards is being established. employee, use: - Unified tariff and qualification reference book of jobs and professions of workers (by industry); - Qualification reference book of positions of managers, specialists and other employees (approved by the Decree of the Ministry of Labor of Russia of 08.21.1998 N 37); - professional standards (paragraph 3 part 2 of article 57, article 195.1 of the Labor Code of the Russian Federation) .3. The employer's obligation to provide the employee with the opportunity to study in accordance with the apprenticeship agreement.
The work performed by the student in the practical classes is paid according to the established rates. Accordingly, in this case, within the framework of the apprenticeship agreement, the employer will be obliged to pay the student a scholarship and, in addition, pay at the established rates for the work performed in practical classes.

In accordance with part two of Art. 203 of the Labor Code of the Russian Federation, an employee who is studying on the job may be assigned a part-time mode. In this case, wages are charged to him in proportion to the time worked or depending on the amount of work performed by him (part two of Art.

93 of the Labor Code of the Russian Federation).

Is the scholarship paid under the apprenticeship agreement on the job

Attention

BUDGETARY ACCOUNTING BUDGETARY REPORTING LAWS AND PRACTICE OTHER MATERIALS Even experienced personnel officers, accountants and specialists in labor and wages are sometimes faced with an unsolvable question: what to pay an employee with whom an apprenticeship contract is concluded, or - a stipend? Or maybe both? Let's try to figure it out. The Labor Code of the Russian Federation contains many norms that are not clear in their application.

Info

However, sometimes simple, extremely transparent labor laws for some reason raise questions from the employer. So, at one of my seminars, I tell the audience about the student agreement.

To fulfill this obligation, the employer must conclude an agreement with an educational organization for the provision of educational services. It is advisable to indicate in the contract how much the training costs and what will be proof of the costs incurred by the employer (for example, in the event of a dispute over the amount of compensation by the student of funds). In addition, the employer must create conditions for the proper performance of work in practical classes, release from work during training it is possible to assign a highly qualified specialist to the student - a mentor from among the employees of the organization for the purpose of consulting, training and guidance in mastering a new qualification on the employer's territory, etc. Pay attention! Based on Art.

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