Study on the job. Improving the qualifications of employees. How best to teach

In accordance with Part 4 of Article 196 of the Labor Code of the Russian Federation, in cases provided for
federal laws, other regulatory legal acts of the Russian
Federation, the employer is obliged to conduct advanced training
employees, if this is a condition for employees to fulfill
certain types of activities.
The employer conducts vocational training, retraining, advanced training of employees, training them for second professions in the organization, and, if necessary, in educational institutions of primary, secondary, higher professional and additional education for
conditions and in the manner determined collective agreement,
agreements, employment contract (part 2 of article 196 of the Labor Code of the Russian Federation).
For workers undergoing vocational training, the employer must create the necessary conditions to combine work with training, provide guarantees established by labor legislation and other regulatory legal acts containing norms labor law, collective agreement, agreements, local regulations, an employment contract (part 5 of article 196 of the Labor Code of the Russian Federation).
Employer's obligation to provide training medical workers established by the Procedure for improving their professional knowledge, approved by order of the Ministry of Health of the Russian Federation of 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 their training in educational and scientific
organizations for additional professional educational
programs implemented in the form of advanced training, professional
retraining, internships.
- training, professional retraining and internships 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 Labor Code RF time
daily (inter-shift) rest, weekends and non-working holidays
are types of rest time, and rest time is the time during
which the employee is free from job duties and which
he can use at his own discretion (Article 106 of the Labor Code of the Russian Federation).
Work performed by an employee at the initiative of the employer outside
the length of working time established for an employee is
overtime (Article 99 of the Labor Code of the Russian Federation).
In this way:
1) Professional development is your work (i.e. performed in working time) an obligation and should be included in the terms of the employment contract concluded with you;
2) Conditions and procedure for advanced training (with
how often, in what cases, for which 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 medical institution(collective agreement) but cannot worsen the position of employees in comparison with the current federal legislation.
3) Carrying out advanced training in non-working hours(rest time) is a gross violation of labor law, an employee cannot be required to attend classes during rest, and studying proccess the employer must arrange during working hours. During vocational training, the employee is fully or partially released from work.
4) The employer should conclude with you supplementary agreement on changing the working regime with the transfer of working time to the time of classes, on the direction for advanced training with a break from work and maintaining average earnings in accordance with Art. 187 of the Labor Code of the Russian Federation for the duration of training. Remaining time (you work more than 1 bet I guess) can
provide for hourly work with appropriate pay.
5) Involving you in advanced training outside of working hours is an attraction to overtime work, with all the ensuing consequences.

Good luck!

Payroll during the employee's advanced training

It can determine the place of training (where exactly this or that 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 employees (in addition to those established by labor legislation) for the period of professional 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 Supreme Court of the Republic of Tatarstan, in the Appeal ruling dated May 21, 2015 in case No. 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 apprenticeship 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 obligation of the employer to pay travel expenses to employees sent for advanced training is established by imperative norms - 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 subject to application. 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 operating 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 for employees to undergo training in exactly the same manner and on such conditions as are enshrined in this document are not lawful. the conditions specified in the question is possible only after obtaining the written consent of the latter*(2).

The InfoEmployer sends employees for off-the-job training in the same locality as the employer. Training with a break from work is organized at the initiative of the employer, the obligation of an employee of this category to undergo advanced training by law Russian Federation, labor contract or collective agreement is not provided. 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 working with personnel operating in the organization, with which the employee is familiarized against signature.
Training is planned to be carried out in the evening (from 18.00 to 23.00), from the performance of labor duties during working hours on the days of training, the employee is released from work (at the same time, 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. Forms of employee training, list 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. We note that in cases provided for by federal laws and other regulatory legal acts, the employer is obliged to conduct vocational training or additional professional education employees, if this is a condition for the employees to perform certain types of activities. This requirement applies, for example: - to medical workers (clause 8, clause 1, art.
The order on training with a break from work fixes the time of training, guarantees for maintaining 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 mode does not coincide with the mode of his working hours established by the employment contract? After considering the issue, we came to the following conclusion: The employee has the right to refuse training conducted outside of working hours. An employee may be sent for training in the manner and under the conditions specified in the question, only with his written consent. Justification of the conclusion: In accordance with the first part of Art. 197 of the Labor Code of the Russian Federation, the need for training employees (vocational education and vocational training) and additional professional education for their own needs is determined by the employer. According to Art.
It should be noted that apprenticeship time during the week should not exceed the norm of working time established for employees of the appropriate age, profession, specialty when performing the relevant work. In addition, during the period of validity of the student agreement, employees cannot be involved in overtime work, sent to business trips, not related to apprenticeship (Article 203 of the Labor Code of the Russian Federation). Many employers instead of a student agreement issue an order to send them to study. This order is really useful - for example, accounting departments for calculating 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 ways to train his employee on the job.

Types of training

There are two types of training:

Produced at a third party facility;
On-the-job training, that is, without taking the worker away from production.

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

The benefits of such training

The type of training has many significant advantages over other forms of training. These include:

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

Disadvantages of such training

Of course, such training will have some drawbacks. Among them are:

The risk of not getting the proper quality of education. This point is possible if the mentor himself does not have all the necessary qualities or cannot devote as much time as is necessary for proper training;
Small wage. This item will be present in case of piecework payment. Since neither the student nor his mentor will be able to work out the norm during study;
If the choice of a mentor was made illiterately, then there is a risk that the employee will be taught the wrong methods that only the mentor uses;
The presence of marriage and overspending of raw materials. Occurs when new employee only learns to produce products and can make mistakes very often;
Equipment breakdown. In case of improper explanation to the employee of instructions on how to use it;
Discomfort in the atmosphere of production. A student who is not accustomed to constant noise or fuss will experience awkwardness in the first days of work, which can be said on the occurrence of stress.

However, it is worth noting that some skills can only be taught in a production environment. This is due to the great importance in such work of practice. Theoretical knowledge is also important, but everything is learned only in practice.

Documents for training and its execution

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

To issue this species training, it is necessary to provide a plan that 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 the training will take place on the job, and again prescribe 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 employment contract and prescribe in it the payment for training employees.

It is also necessary to draw up apprenticeship contracts that will allow for training without leaving work. Such an agreement contains information about which specialty or qualifying category will be received by the employee, as well as the responsibilities of both parties. Among the obligations that are determined by the contract, I can make the following:

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

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

In this article, you learned about on-the-job training. If you have any questions and problems that require the participation of lawyers, then you can seek 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

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

If an employee is undergoing on-the-job training, then the institution is obliged to pay the employee wages in accordance with the employment contract for the time of work (in proportion to the time worked) and a scholarship, if provided for by the agreement, for the time of study. The amount of the scholarship is determined by the student agreement and depends on the profession, specialty, qualification received. In this case, the scholarship cannot be less than 1 minimum wage.

The rationale for this position is given below in the materials of the Lawyer System.

"Parties of the student agreement

An organization can conclude two types of apprenticeship agreement - 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 contract for retraining is concluded only with employees of the organization.

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

Studying time

During the training process, 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). *

By general rule the time of study and work in the 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:

 age of the employee from 16 to 18 years;

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

If the 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.

The procedure for concluding an agreement

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

A student agreement is necessary to insure the organization against the risk of wasting funds. For example, after studying, the applicant will refuse to conclude an employment contract or a full-time employee will quit without good reason, without having worked the time stipulated by the student agreement. In these cases, the student will be obliged to compensate the organization for the costs (Article 207 of the Labor Code of the Russian Federation). If the employee, after completing the training, works out the period specified in the student agreement, then he will not have to reimburse the costs of training.*

The student agreement is concluded in writing in duplicate. In it, be sure to indicate the 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 required 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 received profession, specialty, qualification, after which it is considered that he has worked out the entire cost of training.

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

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

A student 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 a contract is also not recognized as a labor contract, despite the fact that the possibility of concluding it is provided for by labor legislation (Articles 59, 198 of the Labor Code of the Russian Federation). A similar position is confirmed by the regulatory authorities (see letters of the Ministry of Finance of Russia dated May 7, 2008 No. 03-04-06-01 / 123, the Federal Tax Service of Russia for Moscow dated August 13, 2007 No. 21-11 / 076667) ”.

"Paying an apprenticeship

During the period of apprenticeship, applicants and staff are paid a stipend. Its size is determined by the student agreement and depends on the received profession, specialty, qualification. In this case, 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 course of study may include practical 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 set. Therefore, they can be prescribed in the student agreement.

If an employee studies on the job, then during the training he will receive a scholarship provided for by the student agreement, and for the time of work - a salary provided for by the employment contract, in proportion to the hours worked. The possibility to combine study 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.”*

“Is it necessary to pay training hours as overtime work. An employee undergoes advanced training at the initiative of the employer in the evening after work

No, it doesn `t need.

Further training by an employee is one of the types of apprenticeship (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 a student agreement and pay him a scholarship for the time of study.*

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

“An example of concluding a student agreement for retraining on the job

The director of the organization decided to master a new area of activity - the provision of services for the development 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. A student agreement was concluded with him for retraining on the job.*

The organization sends employees to advanced training courses with a break from work from 8.30 to 14.00. Work schedule in regular time- from 9.30 to 18.00. The employer claims that employees 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 taken from 8.30 to 19.00. Is it legal? How to apply for a course?

According to paragraph 7 of the Standard Regulations on the educational institution of additional professional education (advanced training) of specialists (hereinafter - the Regulations), approved by Decree of the Government of the Russian Federation dated June 26, 1995 No. 610, the purpose of advanced training is to update the theoretical and practical knowledge of employees due to increased requirements for skill level and the need to master modern methods solving professional problems.

Advanced training is carried out as necessary, but at least once every five years during the entire working life of employees. The procedure and frequency for employees to undergo advanced training are established by a collective agreement, agreements, and an employment contract. In cases stipulated by federal laws, other regulatory legal acts, the employer is obliged to conduct advanced training for 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.

The advanced training 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 advanced training courses may be the training plan and the order of the head to send them to courses (see 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 in another area, an official assignment and a travel certificate are additionally issued (Article 187 of the Labor Code of the Russian Federation and clauses 6 and 7 of the Decree of the Government of the Russian Federation of October 13, 2008 No. 749 “On the Peculiarities of Sending Employees on Business Trips” ").

When sending employees to advanced training, the employer must conclude an agreement with an educational institution. This is indicated in paragraph 7 of the Regulations.

In the time sheet, advanced training with a break from work is conventionally indicated by the letter code "PK" or the digital code "07". This is indicated in the resolution of the State Statistics Committee of Russia dated 01/05/2004 No. 1 "On approval of unified forms of primary accounting documentation for accounting for labor and its payment."

The employee has a student agreement. Is it obligatory to pay a scholarship if the employee is studying on the job (he needs to receive new specialty) or is the salary issued according to the 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, the employer - entity(organization) has the right to conclude an apprenticeship contract with an employee of this organization for vocational training or retraining on the job. In accordance with Art. 199, Art. 204 of the Labor Code of the Russian Federation, students are paid a scholarship during the period of apprenticeship, the amount of which is determined by the student agreement and depends on the profession, specialty, qualification received, but cannot be lower than the established federal law the minimum wage.

The amount of the scholarship under the student agreement

We will talk about this a little lower. In addition to the above conditions, the student 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, brigade, 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); - the grounds for terminating the student agreement (Article 208 of the Labor Code of the Russian Federation). Validity of the apprenticeship agreement The apprenticeship agreement is valid from the day specified in this agreement, within the period stipulated by it.

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

02/07/2017 scholarship during the apprenticeship of an employee

The terms of the Labor Code of the Russian Federation must not contradict the Labor Code of the Russian Federation, the collective agreement, agreements, otherwise they will be invalid and not subject to application. 4. The obligation of the employee to undergo training and, in accordance with the qualifications obtained, work under an employment contract with the employer for the period specified in the student agreement.5.

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

Student agreement: subtleties and nuances (shadrina t.v.)

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

When study is not work: economical relationships with beginners

Hypothetically, an employer can send an employee for training and pay for it without concluding a student agreement with him (for example, train an employee foreign language, computer literacy, and so on), but in this case, if the employee quits immediately after graduation, then the money spent on his education and paid to a third organization will be quite problematic to return, as well as to force the employee to work for a certain period. If we are talking about the training of a job seeker (although the conclusion of such student agreements is quite rare), then without a student agreement 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 income tax.
Currently, such standards are being actively developed, and the identity of the names of positions, professions and specialties contained in the ETCS and CEN, specialists and employees, the names of positions, professions and specialties in professional standards is being established. employee, use: - Unified Tariff and Qualification Directory of Works and Professions of Workers (by industry); - Qualification Directory of Positions of Managers, Specialists and Other Employees (approved by Decree of the Ministry of Labor of Russia of 08.21.1998 N 37); - professional standards (paragraph 3 part 2 article 57, article 195.1 of the Labor Code of the Russian Federation).3. The obligation of the employer to provide the employee with the opportunity to study in accordance with the student agreement.
Work done by the student practical exercises paid at the established rates. Accordingly, in the case under consideration, within the framework of the apprenticeship agreement, the employer will be obliged to pay a stipend to the student and, in addition, pay for the work performed in practical classes at the established rates.

In accordance with the second part of Art. 203 of the Labor Code of the Russian Federation, an employee studying on the job may be assigned a part-time regime. In this case, wages are accrued 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 a student agreement on the job

Attention

BUDGET ACCOUNTING BUDGET REPORTING LAWS AND PRACTICE OTHER MATERIALS Even experienced personnel officers, accountants and specialists in labor and wages sometimes face an insoluble question: what to pay an employee with whom a student agreement has been concluded - a scholarship or a salary? Or maybe both? Let's try to figure it out. There are many norms in the Labor Code of the Russian Federation that are incomprehensible in application.

Info

However, sometimes simple, extremely transparent norms of labor legislation 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 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 about the amount of reimbursement by the student). In addition, the employer must create conditions for the proper performance of work in practical classes, release from work for the duration of training , it is possible to assign a highly qualified specialist to the student - a mentor from among the employees of the organization in order to advise, train and guide in mastering a new qualification on the territory of the employer, etc. Pay attention! Based on Art.

In accordance with Part 4 of Article 196 of the Labor Code of the Russian Federation, in cases provided for
federal laws, other regulatory legal acts of the Russian
Federation, the employer is obliged to conduct advanced training
employees, if this is a condition for employees to fulfill
certain types of activities.
The employer conducts vocational training, retraining, advanced training of employees, training them in second professions in the organization, and, if necessary, in educational institutions of primary, secondary, higher vocational and additional education for
conditions and in the manner determined by the collective agreement,
agreements, employment 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 TC RF).
The obligation of the employer to conduct 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 of August 03, 2012 No. 66n, in accordance with paragraphs 3 and 4 of which:
- improvement of professional knowledge and skills by employees
carried out by their training 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 internships of employees are carried out mainly with a break from work, with a partial break from work and according to individual forms of training.
- advanced training of employees is carried out at least once every 5 years during their entire career.
In addition, in accordance with Article 107 of the Labor Code of the Russian Federation, the time
daily (inter-shift) 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 which
he can use at his own discretion (Article 106 of the Labor Code of the Russian Federation).
Work performed by an employee at the initiative of the employer outside
the length of working time established for an employee is
overtime (Article 99 of the Labor Code of the Russian Federation).
In this way:
1) Advanced training is your labor (i.e., performed during working hours) duty and should be included in the terms of the employment contract concluded with you;
2) Conditions and procedure for advanced training (with
how often, in what cases, for which employees
specializations, advanced training is carried out in one form or another,
issues of remuneration, conditions for partial separation from work, etc.) should be established by a local act of a medical institution (collective agreement) but cannot worsen the position of employees in comparison with the current federal legislation.
3) Carrying out advanced training during non-working hours (rest time) is a gross violation of labor legislation, the 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 an additional agreement with you on changing the working regime with the transfer of working hours to the time of classes, on sending you 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 for the duration of training. Remaining time (you work more than 1 bet I guess) can
provide for hourly work with appropriate pay.
5) Involving you in advanced training outside of working hours is an involvement in overtime work, with all the ensuing consequences.

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