Completed sample agreement for educational practice for students. Agreement for student internship. Step-by-step registration instructions

A prerequisite for obtaining a diploma of completion of training is obtaining practical knowledge. This can be done through internship. In this article we will tell you about useful information regarding what is required to draw up a special agreement through which an organization will take a student for internship.

When do you need to conclude an internship agreement?

In most situations, employers who hire students wonder whether Is it necessary to enter into a formal contract?. The answer to this will depend on what agreements are in place with the university, as well as what the training cycle for young specialists includes.

The most common practice is to conclude a formal agreement with a university, a sample of which will be provided by the university. In some cases, the option of signing a tripartite agreement is provided. In such a situation, not only the company and educational institution, but also the student himself.

In practice, there are at least six reasons why you should sign an agreement.

Step-by-step registration instructions

The procedure itself consists of three steps. Their features are described below.

Step 1. Agreement with the educational institution

Initially, one should take into account the fact that the relationships arising as a result of industrial practice, are formed between the enterprise that accepts students and the educational body that provides theoretical training. To simplify the search for companies willing to take on students, a special cooperation agreement is usually drawn up in advance.

To create full conditions stipulated by the parties in the concluded agreement, the employer needs to develop appropriate conditions that allow for safe internship, as well as provide all the necessary places in advance. In the case of an educational institution, its representatives undertake to provide a full guarantee of students’ compliance with labor discipline and the requirements prescribed in the internal regulations.

Step 2. With a trainee

According to requirements educational standard, there are two types of internship – industrial or educational. Since in the latter case the student is not busy conducting direct labor activity, there is no mandatory need to draw up an employment contract. Accordingly, there is also no need for payroll. If the work offered to a specialist fully complies with the rules for passing the practical program and the characteristics of the qualifications presented for the specialization, he is accepted into the staff if there is an appropriate free place on the staff.

Note! If an employer from time to time accepts a large number of students who are undergoing internships, a logical solution would be to create appropriate vacancies specifically for them.

As practice shows, the best solution for a company is signing a fixed-term employment contract with a student, based on the requirements in accordance with Article 59 of the Labor Code. The signing of this type of document can be justified with reference to the need to accept a future specialist to undergo practical training activities. If up to this point the student has not held another position (and this almost always happens), he is required to have a work book and issue an insurance certificate of pension insurance from the state.

From the moment the employment contract is concluded, the student receives full employee rights. This means that he is entitled to wages for his work and full social insurance. If temporary disability occurs, the company is obliged to pay cash benefits. This list also includes the accrual of annual leave required by law, and so on.

On the other hand, a student who decides to join a company at the time of his internship must first familiarize yourself with the company rules relating to the schedule drawn up by the employer. A prerequisite for successful completion of internship is compliance with the provisions of internal regulations and compliance with safety requirements.

Step 3. Hiring without being hired

It also happens that there is a vacant position that fully meets the requirements of the internship program. There are situations when educational institutions insist in advance that there is no possibility of completing an internship with parallel employment. In such cases, the possibility of signing an employment contract is not provided.

An order or corresponding order is drawn up and certified within the organization, according to which students engaged in internships can perform production work on the company’s territory. Always in the text the terms and period of completion of the established practice are indicated. A prerequisite is the appointment of a responsible person. This is usually the deputy head, or the head of the organizational unit in whose territory the practice is conducted.

Please note that the opportunity to employ minor students is only available subject to prior medical examination at a specialized institution. This requirement is stated in Articles 266 and 69 of the Labor Code. Since individuals have not yet reached the age of majority, they cannot work full time. A shortened schedule is required.

Note that in the situation under consideration, the trainee cannot receive a specific labor function. He just gets the opportunity to get acquainted with the specifics of organizing production on the territory of the enterprise. Although he can be assigned to complete a task, they can only have a reduced difficulty. However, in accordance with the requirements of labor legislation, such an employee is fully subject to the internal regulations and labor safety rules developed by the company’s management.

Sample contract. How to fill?

Below we invite you to familiarize yourself with a typical example of a student internship agreement.

According to the regulatory requirements of Russian legislation, send students for internship possible through a concluded agreement between the educational institution and the host company. If the latter wants to recruit promising personnel, it will have to contact representatives of the university and conclude a formal agreement.

The exact opposite situation is also envisaged, when a student wants to do an internship and turns to his supervisor at the university to helped document the choice made. The Institute contacts representatives of the organization to sign the appropriate agreement.

Higher education institutions, as a rule, submit their own sample for verification, according to which an internship agreement is drawn up. If for one reason or another the document is not available, or university representatives are ready to sign an independently compiled version of the document, it can be developed on its own.

As you can see from the example given above, in the process of drawing up a contract the following data must be written down:

  • last name, first name and patronymic of the student, place of study, current course and full name of the faculty;
  • the name of the organization that hosts the trainee, its legal address and contact information;
  • the period of time during which the student must complete work practice;
  • work schedule established by the organization;
  • the amount of wages, if provided for by established legislation;
  • documentation according to which the results achieved as a result of the work are indicated. This is usually a report, an internship diary, a personal reference from a manager or responsible person, or other documents.

Regardless of where exactly the student chooses to go for practice, it is necessary to provide the full name of the person acting as a supervisor. Otherwise, the agreement will not gain legal force. In most cases, this role is assigned to representatives of a secondary vocational or higher educational institution. It also happens that a current specialist working on the territory of the enterprise acts as a curator. A prerequisite in this case is the need for additional payment for performing new functions. This requirement is drawn up in the form of an additional agreement to the employment contract.

After drawing up an agreement with the university, you need to secure it with the seals of the parties. Naturally, the legislation does not have clear restrictions regarding the parties who can take part in signing the agreement. This means that if the university refuses to conclude an agreement, this can be done with the student himself. But in order to be safe from possible troubles, you will have to request an official certificate, which confirms that the person is actually on the staff, and that at a certain period he needs to undergo an internship at the enterprise.

Industrial practice is an integral part curriculum at the university. In order for the process to take place in compliance with all the requirements of the law on education, it is necessary to timely conclude an agreement on student internships with the relevant enterprise. As a rule, the signatories of such a document are a higher education institution and a company, but cases are not excluded when the other party is not the university, but the trainee himself.

What should be in the contract

Usually, companies and private entrepreneurs, if they want to attract students to practice, do not draw up contracts on their own: they just need to contact the university, which will prepare the necessary documents and develop general requirements, and establish regulations for the actions of trainees.

The internship agreement includes a standard set of information:

  • legal basis for the conclusion;
  • name of the educational institution, faculty, course, specialty and group, list of students;
  • information about the receiving institution: name, address, telephone;
  • period;
  • duties of the parties;
  • work schedule (set by the receiving party);**
  • salary amount (if provided for under the agreement);**
  • the name of the documents indicating the results achieved by the trainee (diary, testimonials, etc.);
  • Full name of the head from the institute.

** Optional items - are entered at the discretion of the enterprise.

The contract for practical training comes into force only after it is signed by both parties and secured with the seal of the organization.

Agreement for internship between student and company

If the student has chosen the company himself and the company does not mind accepting him, in order to conclude an agreement with the student on an internship, the administration (director) of the company or an individual entrepreneur must contact the university. As a rule, all institutes and universities have ready-made templates for this case. If there are none, but the university does not object to the version of the agreement drawn up by the company, then the student’s internship agreement should reflect the following points:

  • name of the company, private enterprise, individual entrepreneur with details;
  • Trainee's full name, place of study;
  • deadlines;
  • registration procedure - according to an employment contract or by agreement with the university;
  • wages/gratuitous basis;
  • working hours (weekends, shift schedule);
  • who will perform the functions of a curator (a university teacher, an employee of an enterprise, or joint management is expected);
  • a list of documents on the progress and results of practice (who is responsible for their preparation).

Some universities offer the use of a tripartite agreement signed by the host organization, the student and the university.

The agreement can be drawn up without involving the educational institution in signing - directly with the trainee. In this case, one of the grounds for concluding an agreement will be a certificate from an institute or university stating that the student is actually studying at the university and is required to undergo practical training at a certain period. It must also indicate the educational profile (that is, faculty, specialty) and the exact dates of the internship.

Variants of situations when it is advisable to sign an internship agreement between an enterprise and a student:

  • the university obliges the employer to sign an agreement with the trainee;
  • the agreement with the institute does not regulate provisions that are significant for the organization, for example, the work schedule and student responsibilities are not defined;
  • the trainee occupies a vacant position, which obliges the organization to conclude an employment contract with him;
  • the trainee is planned to actively participate in production activities;
  • This makes it easier for the company to manage relationships.

Sample

Templates and examples that can be downloaded:

  1. Model agreement on internship for students: sample blank form.
  2. Contract for conducting practical training for students: sample filling.
  3. Agreement on the admission of one student to practice (between the university and the enterprise).
  4. An individual agreement with a student on practical training.

According to current regulatory requirements, an agreement is required for a student to complete an internship. The document regulates the obligations and responsibilities of the parties, and can be signed by the host company and the university or concluded directly with the trainee.

Director of the recruiting agency "Libertran".

When accepting students for internships, and subsequently for jobs, we pay a lot of attention to assessing the soft skills (superprofessional skills) of candidates. Focus on tasks, speed of reaction, attention to detail and good memory are extremely important for you to become part of our team.

To develop them, I highly recommend using a free online trainer Vikium. There are statistics for 2017 - 2019. 94% of interns and trainees who passed full course training were hired by the largest companies in the country, and within a year they received a promotion and increased their salary by 1.7 times.

Data on students is also interesting. Their average graduation grade was 4.8. At the same time, many note that they began to spend significantly less time on studying, because the material began to be absorbed instantly. And all this after classes for just...

Find out more >>

Higher and secondary education programs provide for the need to consolidate theoretical knowledge during work at an enterprise. This provision is enshrined in law by orders of the Ministry of Education of the Russian Federation. Unfortunately, the regulations do not cover many aspects, the resolution of which is left to the university or company that takes young specialists under their wing. Traditionally, many questions are raised about the agreement on internships for students, a sample of which is not included in the current laws.

According to legal norms, students are sent to practice at an enterprise on the basis of agreements concluded between the educational institution and the company. If a company wants to attract young specialists, it needs to contact the university and sign an agreement. Fresh personnel will be sent to the concerned departments as part of the distribution.

The opposite situation is possible: a student finds an organization where he wants to do an internship and contacts the university to document his choice. In this case, the institute needs to contact the company to sign the agreement.

As a rule, universities have their own sample contract for practical training. If it is not there or the institute is ready to sign the version drawn up by the organization, you can make an agreement yourself.

It is necessary to specify the following points:

  • Full name of the student, his university, course, faculty;
  • name of the host organization, contact details, legal address;
  • the time period for students to complete internships;
  • work schedule (hours of work, busy days and days off);
  • amount of remuneration (if the latter is implied);
  • documents that will reflect the results achieved at the end of the cycle (practice diary, report, student profile, etc.).

The contract for student internship will not be drawn up correctly if it does not indicate who performs the functions of a supervisor. As a rule, this role is assigned to a representative of a higher or secondary vocational educational institution. If there is a need to appoint a curator on the part of the host company, the employee must be paid for additional functions. This is reflected in the additional agreement to his employment contract and job description.

The agreement with the university is signed by both parties and sealed, after which it acquires legal force.

The law does not oblige a company to sign an internship agreement with the university where a particular person is studying. The company has the right to sign an agreement with the student himself. In this case, lawyers recommend playing it safe and asking the student for a certificate from the university that he is actually enrolled in it and that he will undergo practical training on specific dates.

When do you need to enter into an agreement with an intern?

For most employers who take university students under their wing, the question remains unclear whether it is necessary to sign an employment contract directly with the student. The answer depends on the agreements reached with the university and the nature of the training cycle.

Most often, it is enough to conclude an agreement with the educational institution for student internship, a sample of which will be provided by the university. Some institutions offer tripartite agreements that are signed by the employing company, the student and the educational institution.

There are six cases in which it is desirable or mandatory to sign an employment contract directly with the trainee:

1. The agreement with the university contains a clause obliging the employer to sign an agreement with the student

For example, the document states that the subtleties of the relationship between the parties, mutual rights and obligations are regulated by a separate agreement signed by the trainee and the company providing the workplace.

2. The contract for student internships, a sample form for which was provided by the university, does not contain any issues that are significant for the company.

The document does not indicate that the trainee is obliged to obey the internal rules of the organization; it does not state what schedule he works on or what duties he performs. To regulate these significant points, you need to draw up a separate document.

3. There was no agreement with the university

It is possible that the educational institution will refuse to sign an agreement with the company, citing the fact that a report from the student is enough for it. To clarify the work schedule, rights and obligations of the parties, the organization needs to sign a contract directly with the student.

4. The student took a vacant position

If the company has a vacant position for which an employee is being sought, and the intern fully performs the functions required during the internship, an employment contract must be concluded. The employer's refusal to sign the papers is a violation of the Labor Code of the Russian Federation.

5. The student undergoes practical training

If a university student comes to an enterprise and not only observes the progress of processes, but performs duties within the framework of a specific position, and participates in production activities, he is considered actually allowed to work. Refusal to sign an employment contract in this case will be a violation of the Labor Code of the Russian Federation.

6. The company wants to conclude an employment agreement

If, for its own reasons, it is more convenient for a company to regulate its relationship with an intern through an agreement, it has the right to formalize it regardless of the position of the university on this issue.

A completed sample student internship agreement can be found on the websites of information and legal systems. The contract is usually issued for a specific period. In the future, if the organization decides to continue cooperation, a permanent agreement can be signed.

The only peculiarity of the contract is that the text states that the employee is accepted for practical training. Otherwise, the execution of the agreement and the preparation of accompanying documents is similar to the case of hiring an ordinary specialist who has graduated from a university.

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Educational programs of primary professional, secondary and higher vocational education provide for the inclusion of practical training in the learning process (clause 6.1 of Article 9 of the Law of the Russian Federation on Education of July 10, 1992 No. 3266-1). The internship procedure is regulated by:

For university students - Regulations approved by order of the Ministry of Education of Russia dated March 25, 2003 No. 1154 (hereinafter referred to as Regulation No. 1154);

For students (students, cadets) of vocational educational institutions of secondary vocational education - Regulations approved by order of the Ministry of Education and Science of Russia dated November 26, 2009 No. 673.

Unfortunately, these regulations do not take into account all possible features of a student’s industrial practice, and some things are completely left to the institutes and companies (entrepreneurs) that provide places for internship. But the companies (entrepreneurs) themselves do not need to draw up anything when attracting students. Educational institutions independently develop requirements for the general organization of practice, establish regulations for student actions, and reports that the trainee must draw up based on the results of practice.

Agreement with educational institution

A company or individual entrepreneur who decides to attract students must contact an educational institution (institute, college) that corresponds to their profile of activity and conclude an agreement. Upon assignment, trainees will be sent to you as agreed.

A student may independently contact you with a request for a place for practical training. In this case, you need to contact the university and conclude an agreement. As a rule, the university provides a ready-made template. If there is none, but the university, for its part, is ready to sign your version of the agreement, then draw up the document yourself. It needs to reflect the following points:

The period during which the student will undergo internship;

The procedure for registering a student (for example, the need to conclude an employment contract or admit a student on the basis of this agreement with the university, etc.);

Time (working hours, number of hours per week, weekends);

Payment (if any is provided);

Appointment of a curator (head) of practice. As a rule, the head is appointed by the institute. If a curator (manager) is needed on the part of the organization, this will entail the need to make additional payments for performing additional functions, reflect the relevant requirements in the job description, i.e. fix the procedure for such supervision on the part of the company (entrepreneur) providing the place for practice.

Documents that will document the results of the internship, and who will compile them (diary, report, testimonial of the trainee);

Of course, the contract specifies the name of the company (individual entrepreneur) and its details, full name. student, place of study (institute).

A student can be registered without an agreement with the educational institution by concluding an agreement with the trainee himself. But in this case, at a minimum, it is necessary to request a certificate from the university stating that the student is undergoing training and must undergo practical training at a certain period. That is, you must have a document confirming the fact that the student is a student and is undergoing internship. However, in such a situation, an agreement should be concluded with the student himself so that there is a document regulating the relationship between the organization (entrepreneur) and the trainee.

Types of internship

There are two types of student internship: educational and industrial. This point is important for student registration. Let us immediately note that industrial practice will require drawing up an employment contract with the student.

Educational (or introductory) practice does not involve performing any functions. It only involves familiarizing the student with the production process, acquiring some general professional skills, and performing simple actions.

Industrial (or labor) practice, as a rule, implies the student’s participation in the production process, that is, actually performing certain functions as an employee.

Educational institutions independently develop and approve internship programs for their students. A list of stages included in each practice, including depending on the profile of training, is developed by the university. Thus, if you accept a student, there is no need to draw up any provisions about the specifics of the work, about what and how you will teach the student. Relevant information should be requested from the university and if provided, it should be followed.

Agreement with the intern

Is it necessary to conclude any independent agreement with the student? The answer depends on the terms of the contract with the institute and the nature of the practice.

In most cases, a contract with an educational institution is sufficient to admit a student. It indicates that the student is being sent to practice, and the basic rights and responsibilities are prescribed. By the way, the agreement can be tripartite, i.e. concluded between the institute, organization (entrepreneur) and the student.

A separate agreement with the student will be needed in the cases listed in Table 1. From the list, attention should be paid to the case when the student is not undergoing a student internship, but an industrial practice, or when the trainee actually performs the duties of an employee. In these cases, it is necessary to conclude an employment contract with the student.

In addition, if there is no agreement with the university or it stipulates the need for a separate agreement with the student, or the student performs work for which a vacant position is provided (that is, actually performs the functions of a full-fledged employee), then an agreement must be concluded with him. Next, we will decide what kind of agreement to conclude with the student.

Table 1. Cases when it is necessary to conclude a separate agreement with a student undergoing internship

No.

Situation

A comment

This is expressly stated in the agreement with the university.

The standard form of the institute may contain a reference to the fact that the relationship between the trainee and the organization (entrepreneur) providing the place for internship is regulated by a separate agreement, which is drawn up by the party providing the place for internship

Any conditions related to the internship are not specified in the agreement with the educational institution.

For example, there is no indication of the need for the student to comply with the internal rules of the organization, the time and mode of work of the student, or other conditions necessary for the company (entrepreneur) providing a place for internship

There is no agreement with the university

It is quite possible that the educational institution will not provide any agreement and will refuse to sign your version of the agreement. Teachers will only need a student’s report based on the results of the internship. In such a situation, it is necessary to sign an agreement with the student, which will regulate the actions of the trainee, establish his rights and obligations

The student performs work for which a vacant position is provided

This case is spelled out in Regulation No. 1154. When a student not only studies the activities of an organization (entrepreneur), but performs certain functions provided for by a vacant position, then an employment contract must be concluded. That is, if a position is provided for in the staffing table, but there is no employee yet, including when a trainee replaces a temporarily absent employee and fully performs the employee’s duties, an employment contract must be concluded with him. Moreover, if for some reason you do not sign the contract, this will be a violation of the Labor Code.

The fact is that labor relations between an employee and an employer arise not only after the signing of an employment contract, but also in the case when the employee, with the knowledge or on behalf of the employer (his representative), is actually allowed to work (Article 16 of the Labor Code of the Russian Federation). If a student is allowed to work, then he is, with the knowledge of the organization, enrolled in the staff, and, therefore, it is necessary to sign an employment contract

The student undergoes not a student, but an industrial internship

It is sometimes called labor. In fact, this situation repeats the one mentioned above. Namely: the trainee is allowed to participate in the production process, performs certain functions as an employee, that is, he is allowed to work with the knowledge of the employer. By the way, in this situation it is not necessary to have a vacant position in the staffing table.

It should be clarified that practice outside the walls of the institute or its structural unit, that is, the study of work at an enterprise, in organizations, as a rule, is considered production (clause 7 of Regulation No. 1154). It turns out that the very fact of a student’s arrival means that an agreement needs to be concluded with him. This is wrong. If industrial practice actually only means that the student studies production processes and does not directly participate in them, such involvement of the student will not require drawing up an agreement with him, since it does not go beyond the scope of educational practice. Therefore, it is advisable to request a program from the institute that describes the student’s actions during the internship. Or, if you can’t get one, draw up an internal document stipulating that the student is involved only to study production processes (an agreement with the student is not required) or to participate in work (then you need to sign a separate agreement)

The organization (entrepreneur) independently decides to enter into an agreement with the trainee

If it is more convenient for a company (entrepreneur) to formalize the relationship with an intern in a separate agreement, this can always be done, even if the agreement with the university does not stipulate the need for a separate agreement and provides for everything the necessary conditions

Employment contract

Above, we outlined cases when only an employment contract is drawn up, namely: the terms of the contract with a university, the trainee performing the functions of an ordinary employee, or other direct participation in the production process.

As a rule, if a student is accepted under an employment contract, a fixed-term employment contract is drawn up. This will make it easier to part ways at the end of the practice. If you decide to leave the trainee, then the employee will simply continue working. The condition on the fixed-term nature of the employment contract loses force if neither party demands termination of the contract and the employee continues to work (Article 58 of the Labor Code of the Russian Federation). Or you can sign a new open-ended employment contract.

In the employment contract, it is advisable to indicate that the employee is being hired for an internship and to fix the number of months for which the student is hired.

Registration of a trainee under an employment contract is no different from hiring a regular employee and involves the preparation of all those documents that are drawn up when registering and dismissing employees.

After signing the contract, you need to issue an order for employment (forms No. T-1 or No. T-1a, approved by Resolution of the State Statistics Committee of Russia dated January 5, 2004 No. 1). You can use a unified form; you can additionally indicate in it that a trainee is applying for a job. Entering additional information into the order is not prohibited; the main thing is not to delete the lines provided there from the standard form. Next, you should make an entry in the work book. If the student does not have it, then it needs to be issued. Don't forget about your certificate of compulsory pension insurance. When an employee does not have one, obtaining a certificate is the employer’s responsibility.

At the end of the employment contract, if you do not continue the employment relationship, then separation from the employee is formalized according to the usual rules, that is, a dismissal order is drawn up and an entry is made in the work book. Of course, a salary is accrued for work under a contract, and upon dismissal it is necessary to pay compensation for unused vacation.

If an employment contract is concluded with a student, this means that all the rules in force in the organization (entrepreneur), in particular, the rules on bonuses, additional payments and allowances, financial incentives, vacations, apply to the trainee employee.

Work agreement

You can conclude a civil contract with a trainee (a contract for a contract, for the provision of services, for the performance of work). The advantages of this option, in comparison with an employment contract - the student will not be considered a full-time employee, which means the company (entrepreneur) will not have to pay him benefits in case of illness, at the end of the contract there is no need to calculate compensation for unused vacation, there will be no need to draw up a work book, pension certificate, as well as all personnel documents accompanying the hiring and dismissal of an employee.

Certain remuneration, of course, will need to be provided. However, certain difficulties arise when drawing up a contract.

Firstly, the subject of the contract. It is necessary to specify exactly what work the employee must perform. After all, a contract involves the performance of a specific task, and practice is difficult to classify as such. The agreement can specify the types of work included in the internship program, indicating that during a certain period, the performer (student) will perform certain functions for a certain period.

Secondly, acceptance of the result of the work established by the contract. Under the contract, the customer undertakes to accept and pay for the result of the work, which is documented in a document. IN in this case the result of the student’s activities can be recorded in the report on the results of the practice. The official signing of this document may mean the completion of work under a contract. The company (entrepreneur) can keep a copy of this report as confirmation of the student’s performance of work under the contract

Payment for student internship

During the internship period, the student retains the right to receive a scholarship. In this case, it does not matter whether the student is paid a salary or other remuneration at the place of internship (clause 19 of Regulation No. 1154).

Thus, if you have not concluded an employment or other agreement with the student, and there is no such condition in the agreement with the university, then you do not need to pay the remuneration (salary) to the intern.

Drawing up an employment contract gives the student, like any employee, the right to receive salaries, bonuses, and other remunerations provided by the organization (entrepreneur). It is also necessary to pay remuneration under a contract. Of course, remuneration is also due for performing work under a civil contract (contract).

Student restrictions

Of course, when concluding an employment contract with a trainee, he is by default subject to all internal labor regulations. He must comply with safety precautions and comply with all local regulations.

But even in the absence of an employment or other contract, the student must comply with internal rules. This is stated in paragraph 14 of Regulation No. 1154. Thus, from the moment students are enrolled as trainees, they are subject to labor protection rules and internal regulations in force in the organization.

Another point concerns accidents that can happen at work. Regardless of whether there is a contract with the student (labor or otherwise), completing an internship, studying the activities of an organization, and performing certain tasks to gain experience makes the student a “participant in the employer’s production activities” (Article 227 of the Labor Code of the Russian Federation). This means that the trainee in any case must comply with all internal labor regulations and labor safety rules. In the event of an incident, an accident that occurred at the enterprise not only with employees, but also with other persons, including trainees, is subject to investigation. Moreover, in case of illness (injury, poisoning) of a student during the internship period, he is issued a certificate of incapacity for work on a general basis, and the company will have to pay benefits. The presence or absence of an agreement with the student does not matter. But this only applies to industrial accidents. A student is entitled to benefits for temporary disability (ordinary illness) only if an employment contract has been concluded with him, that is, as an ordinary employee.

Conditions of practice

The only thing that is stated in Regulation No. 1154 regarding the conditions of practice is the duration of working hours. More precisely, the document contains references to the norms of the Labor Code (Table 2).

Table 2. Length of student working hours.

At the same time, there are other requirements regarding the activities of minors that should be remembered, especially when an employment contract is concluded with a trainee. So, if a student is under 18 years old, in addition to the rules on a shortened working day, it should be remembered that the employee cannot be involved in work at night (Article 96 of the Labor Code of the Russian Federation), attracted on weekends and holidays(Article 268 of the Labor Code of the Russian Federation), overtime work (Article 99 of the Labor Code of the Russian Federation), work with hazardous workers or dangerous conditions labor (Article 265 of the Labor Code of the Russian Federation), other work that may harm the health and development of the student (for example, work in nightclubs, transportation and sale of alcoholic beverages, tobacco products, etc.).

In addition, when concluding an employment contract with a person under 18 years of age, the employee must undergo a mandatory medical examination at the expense of the employer (Article 69 of the Labor Code of the Russian Federation).

Disputed service agreements

Another possible option for registering a student is a service agreement concluded with the university. Educational institution enter into an agreement with an organization (entrepreneur), according to which they undertake to carry out certain work using their students. The list of such works (services) coincides with the list of functions that the student must master during the internship. In turn, the company (entrepreneur) transfers a certain remuneration to the university for the service provided (i.e., the provision of student services). Such contracts can be long-term and students whom the university offers to earn money can be sent not only during the internship period, but also throughout the year, for example, during the holidays. Payment for services performed is transferred directly to the institute. And the formalization of contractual relations with students falls on the shoulders of the educational institution. These can be both employment contracts and contract agreements.

From a legal point of view, this option is questionable, but in practice it occurs, and no disputes regarding such agreements could be found. However, if the school offers you this option, you should refuse it.

Another option is to draw up an agreement not with the university, but with the student. Under the contract, it is not the trainee who performs certain work (services) for the organization (entrepreneur), but, on the contrary, the company provides the trainee with a service by providing him with a place for internship. In this case, the subject of the contract is “organization of industrial practice.” Of course, there can be no payments to the student under such an agreement. In fact, this is a contract for the provision of paid services - the student performs certain functions, the company provides a place for practice. This option is more acceptable than an agreement with a university, and it does not require payment of remuneration to the intern. But such transactions are not common in practice, and it is difficult to say in advance how inspectors will look at them. It is possible that inspectors will see a hidden contract or employment contract in such an agreement and demand that the student be paid a certain remuneration for the actions he performs.

Alexey Petrov - director of methodology and service for online accounting "My Business"

  • Recruitment and selection, Labor market

Keywords:

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CONTRACT No.___

for carrying out production and pre-graduate practice students

Federal State Autonomous Educational Institution of Higher Professional Education "Siberian Federal University"

Krasnoyarsk "___" ___2013

Federal State Autonomous Educational Institution of Higher Professional Education "Siberian Federal University", hereinafter referred to as the "University" represented by the rector Evgeniy Aleksandrovich Vaganov, acting on the basis of the Charter on the one hand, and ___ Ucom LLC»__ , hereinafter referred to as the “Organization”, represented by Directors_________

_ Lubysheva Tatyana Vladimirovna, acting on the basis___ Charter ___________________________________________________________, have entered into an agreement as follows:

    The organization undertakes:

    Provide the University, in accordance with the direction, with a place for conducting industrial and pre-diploma internship of the student(s) (full name, specialty/

direction, course)___ Isaev Oleg Vladimirovich____________________ 080109.65 “Accounting, analysis and audit”, 3rd year, BAU-10-12________________________

Practice period from " 08 » April 2013 to "21" April 2013 as

Trainee accountant ____________________________________________________

    Provide students with safe working conditions at each workplace. Conduct mandatory briefings on labor protection: introductory and at the workplace with the execution of the established documentation; where necessary, train student interns in safe working methods. Provide students with special clothing, special footwear and safety equipment during their internship according to the standards established for the relevant categories of employees of a given enterprise, institution and organization at the expense of this enterprise, institution and organization.

    Investigate and record accidents if they occur to students during their internship at the institution in accordance with the Regulations on the Investigation and Record of Accidents.

    Create the necessary conditions for students to complete practice. Do not allow student interns to be used in positions not covered by the internship program and not related to the students’ specialty.

    Appoint qualified specialists to manage pre-diploma internships in departments of an enterprise, institution, or organization.

    Provide student interns with the opportunity to use laboratories, offices, libraries, technical and other documentation in departments of the enterprise (institution, organization) necessary for students to successfully master the pre-diploma internship program and complete individual assignments.

    At the end of the pre-diploma internship, give a description of the work of each student intern and the quality of the report prepared by him.

    The University undertakes:

    Send students to the enterprise (institution, organization) within the time limits specified in the internship assignment.

    Select the most qualified professors, associate professors and teachers as practice managers.

    Ensure that students comply with labor discipline and internal labor regulations mandatory for employees of a given enterprise (institution, organization).

    Provide employees of the enterprise (institution, organization) and managers with pre-diploma internships for students methodological assistance in organizing and conducting practice.

    Investigate and take into account accidents if they occur to students during their internship.

    Responsibility of the parties for failure to fulfill the contract:

3.1. The parties are responsible for failure to fulfill their duties in organizing and conducting student internships in accordance with the Agreement and the Labor Code of the Russian Federation.

3.2. All disputes arising between the parties under this agreement are resolved in accordance with the established procedure.

3.3. The agreement comes into force after it is signed by the University, on the one hand, and by the enterprise (institution, organization) on the other hand.

3.4. The validity period of the Agreement is from the moment of signing until “_ _ » April 2013

Legal addresses:

Signatures of the parties:

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