The procedure for registration and provision
Knowledge acquisition is one of the most visible trends of our time.
Having studied in his youthful student years, a person, even if he is a professional, a specialist in his field, often wants to continue his studies, get additional education or improve an existing qualification.
A common situation is when an employee begins his career without a diploma in the chosen specialty, but receives it already on the job.
Dear Readers! The article talks about typical ways of solving legal issues, but each case is individual. If you want to know how solve your problem- contact a consultant:
(Moscow)
(St. Petersburg)
(Regions)
It's fast and is free!
The legislative framework
Legislative information regarding who can be given study leave and the procedure for paying it is contained in the Labor Code of the Russian Federation (Articles 173-177, 287, etc.), the Federal Law "On Education in the Russian Federation", a number of orders of the Ministry of Education of Russia.
An employee who combines work at the enterprise and training can take advantage of the prescribed study leave. In addition, study leave can be paid if a number of necessary conditions are met, such as the priority of obtaining a certain level of education and the form of study. Study leave should not be confused with other types of work leave; it cannot be replaceable or replace them.
Employees can be provided depending on the goals and levels of training study leave that:
- paid (he appears, while the employee is paid the average salary);
- paid (it can be used by a student, but he will not receive a salary during this period).
Terms and conditions of receipt
The legislation of the Russian Federation guarantees educational leave to an employee of an organization if he is undergoing a training course at an educational institution in accordance with a number mandatory conditions:
Work leave is used by employees, as a rule, to take a session at an educational institution.
The Labor Code of the Russian Federation establishes maximum session duration when receiving education at different levels:
Also, the employee has the opportunity to use unpaid study leave as additional at your own expense .
Its duration will depend on the goal and level of education:
- For admission to a bachelor's, specialty, master's degree, entrance examinations are given 15 days, for a full-time session - 15 days, for passing state exams, preparing and defending a diploma - 4 months.
- In a technical school and college for any form of study, entrance examinations will be given 10 days, for intermediate certification in full-time form - 10 days, for final certification in full-time form - 2 months.
Labor legislation clearly sets out the conditions under which study leave can be obtained, as well as its duration. The employer cannot, at will, reduce these terms, even if it is spelled out in the employment contract. However, it is not forbidden to improve the position of the training employees in comparison with that prescribed by the law, in particular, it is possible to provide additional vacations or to increase their duration, to guarantee the preservation of wages for the duration of the vacation, even if it is not required by law to receive it.
Since the study leave must be guaranteed to be given to training employees, they have the right to either use this guarantee in full, or refuse it or use it partially. At the same time, the dates of the vacation must fit within the framework of the period indicated in the inquiry-call. In this case, the average earnings will be transferred to the employee for the actual days of leave, and the wages for the hours worked.
Calculation and payment procedure
Study leave is paid according to the same scheme as the main one, that is, the basis is taken average earnings of a trained employee for the last year. To correctly calculate the average monthly earnings, you should first add up all his income for the annual period and divide by 12 months, and then divide the resulting amount again by the average number of days in a month. By law, it is taken equal to the value of 29.3. The resulting number will show the employee's average earnings for 1 day in the billing period (year). Further, to determine the entire amount of compensation, it is necessary to multiply the resulting number by the number of calendar days of vacation.
It should be noted that the payment for the vacation must take place no later than 3 days before it starts, crediting funds after the end of the session and confirmation by a certificate-call of the success of the training is illegal. For such a violation, the employer bears administrative responsibility, regardless of whether he is actually guilty or not.
A controversial situation is when an employee was unsuccessfully trained: violations were revealed, non-attendance at exams, and unsatisfactory results were obtained. Labor legislation does not directly define the consequences of such actions. In case of misuse of the study leave, the employer can only offer the employee to return the received vacation pay on a voluntary basis. If the employee does not agree with this, then it will be unlawful to withhold the money from his salary, since there is no legal basis for this. The employer can only apply to the court with a statement of claim, but it is rather difficult to predict the outcome of the trial.
It is unacceptable to replace study leave with monetary compensation or, while on such leave, continue to work. Here, the employee is entitled to a wage for the days worked, and at the same time, the average earnings in the form of vacation pay is considered overpaid.
The peculiarity of the calculation in various situations
At correspondence or part-time (evening) training an employee can apply for paid leave when receiving an education of this level for the first time in an educational institution with state accreditation. The enterprise has the right to pay for studies in an institution that does not have accreditation, but this possibility must be reflected in the collective agreement and local regulations in production.
Also correspondence workers have additional benefits:
- before state exams or the defense of a diploma for a period of up to 10 months, work on a shortened working week (1 non-working day per week or shortened every working day);
- payment once a year of the road to the place of study and back without imposing insurance premiums on these amounts.
The calculation of payment for study leave for correspondence students will be carried out in the same way as for the main one.
Receiving second higher education does not give the employee the right to provide educational leave, in accordance with the current legislation. In this case, you can go on vacation to study only at your own expense.
During training in magistracy an employee of an enterprise can apply for paid study leave, since the holder of a bachelor's degree is not considered to be receiving a second education in a master's degree. Therefore, here the employee can count on all the guarantees provided by the labor legislation of the Russian Federation.
At work concurrently no educational leave is granted to employees, since this right only applies to employees at the main place of work. A part-time worker during training has the right to apply for regular leave without wages.
To pay for travel or sick leave during study leave, employees can count on their main place of work if they are studying for the first time at one of the educational levels at the correspondence or evening department. Payment for a ticket to the place of study and back can be made only once a year. 
The procedure for registration and provision
An employee receives the right to study leave when presentation of a certificate-call from an educational institution as confirmation that an employee is missing work for a good reason.
Next, he draws up an application addressed to the employer in any form with an attachment in the form of the first part of the reference-call (standard form from 2013). The second part of the document is given to work after passing the session or defending the diploma with the seal of the university as confirmation of the success of the training and the employee's right to count on study leave the next time, if necessary.
The application indicates the reason why the employee should receive leave, the name of the educational institution, and whether the salary will be retained during this period. The personnel department, on the basis of the application received, must issue an order, according to which this employee is entitled to vacation compensation.
Based on the documents received, the employee's request for study leave must be satisfied by the employer. With the correct documentation, the refusal will be considered a gross violation of labor laws, and may serve as a reason for an inspection by the labor inspection at the enterprise.
To whom and how to provide this type of vacation is described in the following video: