Employment of a full-time student. We are hiring a student. How to hire a full-time student temporarily

The son of one of our employees is a real computer genius! This is exactly the kind of programmer we have been missing in our company for a long time. And the young man himself is not averse to joining our team. In the summer, he entered the full-time department of a technical university and claims that he will be able to combine study with work, and money will not hurt. Tell me, are there any special features in hiring full-time students? Or can you safely take it to work?

Let’s say right away that the current labor legislation does not prohibit hiring people who plan to combine (or are already combining) work with studying at a university, including full-time. At the same time, in the Labor Code of the Russian Federation (hereinafter referred to as the Labor Code of the Russian Federation) nothing is said about the specifics of employment of such persons. Let's find out if they exist.

Hiring a student: age restrictions

The first thing you should pay attention to is the age of the candidate. The fact is that persons who have not reached the age of majority can be enrolled in a university. It is possible that your candidate is under 18 years of age.

As a general rule, the conclusion of an employment contract is allowed with persons over 16 years of age (Part 1 of Article 63 of the Labor Code of the Russian Federation), however, a number of features are provided for the labor of minors. For example, a ban on certain types of work, additional responsibilities of the employer, a more complex hiring procedure.

Note! IN in this case legislative restrictions are related specifically to the age of your candidate, and not to the fact that he is a full-time student at a university.

Thus, you are obliged to send a candidate under 18 years of age to a mandatory preliminary medical examination at your own expense. (Article 69, Article 266 of the Labor Code of the Russian Federation).

In addition, you need to remember that persons under the age of 18 cannot be tested for employment (Article 70 of the Labor Code of the Russian Federation).

Procedure for hiring a full-time student

Otherwise, the procedure for concluding an employment contract with a full-time student is standard. When applying for a job, he will need to be familiarized with local regulations, sign an employment contract, issue an order for employment, create a work book and make a record of employment, issue an insurance certificate for compulsory pension insurance (if it is not available).

By the way, as a general rule, an employment contract should be concluded for an indefinite period. Hiring full-time university students is an exception to the general rule. So, if agreement is reached, you will be able to conclude an employment contract with a full-time employee for both an indefinite period and a fixed-term one, but for no more than 5 years.

Also, you cannot enter into an employment contract with a full-time student for part-time work only on the basis that the applicant is a student full-time training. Studying as a job is not and cannot be considered as the main place of work.

Another important issue that you will have to decide is the working hours of the student employee.

Combine work with full-time training It’s not easy at a university and you’re unlikely to be able to count on a full eight-hour working day for such an employee with a forty-hour work week. Moreover, for a student employee under 18 years of age, the law must have reduced working hours - no more than 35 hours per week. In this case, the duration of daily work (shift) cannot exceed seven hours.

Most likely, you will have to establish a special work schedule for your employee.

Employee's application for additional study leave (fragment)

There may be several options.

Option 1. Part-time work.

Part-time working hours may be established for a student in the form of a part-time day (part-time shift) and (or) part-time work week. Under such conditions, remuneration is made in proportion to the time worked or depending on the volume of work performed.

By the way, do not forget to explain to your new employee that part-time work does not entail any restrictions on the duration of annual basic paid leave, calculation of seniority and other labor rights.

Option 2. Flexible working hours.

Also, a young employee may be provided with a flexible working time regime, within which the beginning and end of the working day (shifts) is determined by agreement of the parties. The main thing under this regime is to ensure that the employee works the total number of working hours during the relevant accounting periods (Article 102 of the Labor Code of the Russian Federation).

And one last thing. If you are hiring a student, remember that the law provides certain guarantees related to training. Your employee undergoing full-time training in state-accredited bachelor's, specialist's or master's programs has the right to leave without pay (Article 173 of the Labor Code of the Russian Federation):

In addition, for employees who combine work with education, you can establish a list of additional guarantees in an employment or collective agreement or in a local legal act of the organization.

Summary

The procedure for hiring full-time students is standard. Features may not be determined only by the age of the employee.

Registration of a full-time university student for work
How to properly register a full-time student at a higher education institution for a job? What are the main features legal status a full-time student combining study and work during the academic year?
Registration of labor relations with full-time students is carried out in accordance with the general standards established by Chapters 10 and 11 of the Labor Code of the Russian Federation.
With full-time students, it is possible to conclude an employment contract, both for an indefinite period and with an indication of its validity period (Article 59 of the Labor Code of the Russian Federation).
When establishing the duration of working hours, it is necessary to take into account the restrictions established by Article 92 of the Labor Code of the Russian Federation for students of educational institutions under the age of eighteen who combine work and study during the academic year. For this category of student workers, a reduced working time is established - no more than 18 hours per week.
At the request of the student employee and with the consent of the employer (Article 93 of the Labor Code of the Russian Federation), the student employee may be assigned part-time working time, namely: part-time work (in the event of a decrease in the number of hours of work per day compared to what is established in an organization, a routine or schedule, for example, instead of 8 hours - 3), or a part-time working week (in case of a decrease in the number of working days). It is also possible to establish a part-time working week with part-time work (for example, 3 working days a week, 3 hours each). The provision for part-time work must be reflected in the employment contract or drawn up as an addition to it.
According to Article 173 of the Labor Code of the Russian Federation and Article 17 of the Federal Law of August 22, 1996 No. 125-FZ “On Higher and Postgraduate Professional Education,” the employer is obliged to provide leave without pay to employees - students of higher education institutions vocational education full-time education, combining study with work, to complete intermediate certification(taking tests and exams) - 15 calendar days academic year; preparation and defense of final qualifying work (graduation project) and passing final state exams - 4 months; passing the final state exams - one month.
These benefits are provided to persons receiving higher education for the first time (Article 177 of the Labor Code of the Russian Federation) in educational institutions that have state accreditation (Article 173 of the Labor Code of the Russian Federation). In case the higher educational institution does not have state accreditation, benefits can be established in a collective agreement or included as an additional condition in an employment contract.

The organization is going to accept at the main place of work a student who is studying full-time at a higher educational institution and is getting a job for the first time. What features established by law will the employer need to take into account when hiring such an employee? Will the fact that the employee will work no more than four hours a day affect in any way the procedure for calculating length of service when calculating a pension?

Article 93 of the Labor Code of the Russian Federation allows the establishment of a part-time working day (shift) or a part-time working week upon hiring by agreement between the employee and the employer.

Labor legislation does not contain requirements for a minimum working day or week when establishing a part-time working regime (see also letter of Rostrud dated June 24, 2009 N 1819-6-1). So, for example, the duration of a part-time working week can be 4, 3, 2 days, etc., and the duration of a part-time working day can be 4, 3, 2 hours, etc. A combination of part-time and part-time work is allowed.

Thus, labor legislation provides the parties to an employment contract with the opportunity to independently determine the duration that suits them. labor activity employee during the working day and (or) working week. In this regard, when entering into a contract with a new employee, the parties have the right to set the working hours corresponding, for example, to 0.5 of the rate for the chosen position.

In addition to part-time work, an employee can also have a flexible working schedule. Then the beginning, end or total duration of the working day (shift) is determined each time by agreement of the parties (part one of Article 102 of the Labor Code of the Russian Federation).

By virtue of part two of Art. 57 of the Labor Code of the Russian Federation, the regime of working time and rest time is reflected in the employment contract without fail, if for a given employee it differs from general rules operating at the employer. Working hours, according to Art. 100 of the Labor Code of the Russian Federation, must provide for the length of the working week (five days with two days off, six days with one day off, a work week with days off on a sliding schedule, part-time work), work with irregular working hours for certain categories of workers, the duration of daily work (shifts), including part-time work (shifts), start and end times of work, time of breaks in work, number of shifts per day, alternation of working and non-working days.

In the case under consideration, by agreement of the parties, upon hiring, the employee will be assigned part-time working hours (part one of Article 93 of the Labor Code of the Russian Federation), therefore it is necessary to include a corresponding condition in the employment contract. If this is not done, then the employee will be subject to the normal working and rest time regime adopted by the employer.

When working on a part-time basis, the employee’s remuneration must be made in proportion to the time he worked or depending on the amount of work he performed (part two of Article 93 of the Labor Code of the Russian Federation, see also letter of Rostrud dated 06/08/2007 N 1619-6).

According to part two of Art. 57 of the Labor Code of the Russian Federation, the employment contract must include a condition on remuneration (including the amount of the tariff rate or salary (official salary) of the employee, additional payments, allowances and incentive payments). Salary is a fixed amount of remuneration for the performance of labor duties of a certain complexity for a calendar month, excluding compensation, incentives and social payments (part three of Article 129 of the Labor Code of the Russian Federation). If in the case under consideration the employee is, for example, given a 20-hour work week, which is 1/2 of the normal working time (part two of Article 91 of the Labor Code of the Russian Federation), his salary should be equal to 1/2 of the salary for the corresponding position received by employees with normal working hours.

Hiring is formalized by an order (instruction) of the employer, issued on the basis of a concluded employment contract; the contents of the order must comply with the terms of the employment contract (part one of Article 68 of the Labor Code of the Russian Federation). Therefore, in the hiring order, drawn up according to unified forms N T-1 or N T-1a, approved by Resolution of the State Statistics Committee of Russia dated January 5, 2004 N 1, in the column “with tariff rate (salary)” to the employee who is hired at 0, 5 rates, you should indicate an amount equal to 1/2 of the salary for the corresponding position for employees with normal working hours.

Part three of Art. 93 of the Labor Code of the Russian Federation establishes a rule according to which part-time work does not entail for employees any restrictions on the duration of the annual basic paid leave, calculation of length of service and other labor rights.

According to the Federal Law of December 17, 2001 N 173-FZ “On Labor Pensions in Russian Federation“The right to receive a pension depends not on the work history, but on the insurance experience of the citizen.

Under the insurance period in accordance with Art. 2 of this law means the total duration of periods of work and (or) other activities during which payments were made to the Pension Fund of the Russian Federation, as well as other periods counted in the insurance period, taken into account when determining the right to a labor pension.

Thus, the period during which the employer paid pension contributions for the employee is included in the latter’s insurance period, regardless of the size of the base for calculating contributions to the Pension Fund of the Russian Federation (i.e., the employee’s salary (0.5 rate)) and, accordingly, the size of these contributions.

The obligation of the employer-organization to keep work books for each employee who has worked for him for more than five days, if the work in this organization is the main one for the employee, is established by Art. 65 of the Labor Code of the Russian Federation and clause 3 of the Rules for maintaining and storing work books, producing work book forms and providing them to employers, approved by Decree of the Government of the Russian Federation of April 16, 2003 N 225.

When concluding an employment contract for the first time, an insurance certificate of state pension insurance is issued by the employer (Article 65 of the Labor Code of the Russian Federation).

When hiring a student who is studying full-time at a university, the employer also needs to take into account that Art. 173 of the Labor Code of the Russian Federation provides for a number of guarantees and compensations for employees who combine work with training in educational institutions of higher professional education. Moreover, part of the first art. 287 of the Labor Code of the Russian Federation establishes that such guarantees and compensation are provided by the employer precisely at the main place of work.

The procedure for providing guarantees and compensation to employees combining work with training is determined by the provisions of Art. 177 Labor Code of the Russian Federation.

Prepared answer:
Expert of the Legal Consulting Service GARANT
Anosova Yulia

Response quality control:
Reviewer of the Legal Consulting Service GARANT
Zolotykh Maxim

The material was prepared on the basis of individual written consultation provided as part of the service

Employment of a full-time student is carried out on a general basis, guided by Chapters 10 and 11 of the Labor Code of the Russian Federation.

Registration of labor relations with a full-time university student begins with drawing up an employment contract. This agreement can be concluded either indefinitely or for any period of no more than five years. In accordance with Article 59 of the Labor Code of the Russian Federation, by agreement of the parties, a fixed-term employment contract can be concluded with persons receiving full-time education.

Full-time university students are not subject to the prohibition on establishing a probationary period, as is the case for university graduates who graduated less than 1 year ago and who are applying for a job in their specialty for the first time. Therefore, you can safely include a probationary period clause in your employment contract.

Considering that it will be difficult for an employee to combine study and work, when choosing a mode, give preference to part-time work or a free (flexible) work schedule.

If your student is under 18 years of age. “The length of working hours of training organizations engaged in educational activities, under the age of eighteen, working during the academic year in their free time from receiving education, cannot exceed half of the norms established by part one of this article for persons of the appropriate age.” (Article 92 of the Labor Code of the Russian Federation)

Working hours and rest time for a full-time student, if it does not coincide with general rules adopted in your organization is necessarily reflected in the employment contract.

The hiring of a student by an educational institution is formalized by an order, the content of which must correspond to the text of the employment contract.

The issued order should be familiarized to the employee against signature within three days from the moment he began to perform his duties at the workplace. You can give the employee a copy of this order, certified accordingly.

For a student at an educational institution for whom this is the first place of work, the personnel service must issue a work book (Part 4 of Article 65 of the Labor Code of the Russian Federation). Registration is carried out within five days from the day the student employee is hired.

The employer issues an insurance certificate of compulsory pension insurance for the employee, if he does not have one, but at present, this certificate is often issued before the child enters school/kindergarten...

If a full-time working student receives his education at a state-accredited university for the first time, then guarantees are provided for him to provide the necessary leave without pay for his studies (Article 173 of the Labor Code of the Russian Federation):
when passing intermediate certification 15 calendar days in the academic year,
when preparing and defending a final qualifying thesis, as well as passing final state exams 4 months,
when passing final state exams 1 month.
If a working student is studying at a university without state accreditation, then such guarantees can be stipulated in the student’s employment contract, if they are not stipulated in the collective agreement of your organization.

How many hours can an adult full-time student work?

Answer

An adult full-time student can be hired full-time. If the student is not a disabled person of group 1 or 2, and the work is not classified as harmful, then he can work 40 hours a week.

A student can be hired under an employment contract or under a civil contract (contract, paid services, etc.).

The law does not establish restrictions on the ability of a student to work during study hours.

At the request of an adult student and with the consent of the employer, the employee may be provided with part-time or flexible working hours (Article 93, Part 1 of Article 102 of the Labor Code of the Russian Federation).

In order for a student to have time to both study and work, he can be assigned part-time work or a flexible work schedule (both can be done at the same time). This is determined by agreement of the parties; after concluding an employment contract, the student does not have the right to demand the establishment of part-time work (with the exception of the last 10 months of study, when, at the request of an evening or part-time student, the work week can be shortened by 7 hours, but for the specified 7 hours the employer must pay employee 50% of average earnings. Full-time students do not have such a benefit.)

A fixed-term employment contract can be concluded with a full-time student.

The student has no special guarantees when establishing a probationary period if the special provisions of Art. 70 of the Labor Code (minor, pregnancy, etc.).

Registration of labor or civil law relations is carried out as with all other employees.

More details in the System materials:

1. Answer: Is it possible to hire a full-time student who is studying full-time? Work and school times coincide during the day

The law does not establish restrictions on the ability of a student to work during study hours.*

At the request of an adult student and with the consent of the employer to the employee or (, Labor Code of the Russian Federation).

When hiring a minor student, the employer is obliged - no more than half the norm established for employees of the corresponding age ().

Thus, an employer can hire a full-time student who combines work and study.

2. Answer: Is it possible to establish a probationary period for a student?

The condition of testing an employee is established upon concluding an employment contract and only by agreement of the parties. In relation to certain categories of employees, the legislation contains: Students themselves do not fall into these categories. However, the ban applies, in particular, to minors. Therefore, if a student is under 18 years of age, the employer does not have the right to set him a probationary period when hiring. This follows from the provisions of Article 70 of the Labor Code of the Russian Federation.

Thus, the employer can establish a probationary period for a student if generally established restrictions on the appointment of a probationary period do not apply to him.

3. Answer: In what cases is an organization obliged to pay an employee study leave

Paid study leave must be provided:

Employees who study at universities via part-time, part-time (evening) forms of study ();

Employees who study in institutions of secondary vocational education (technical school, college, etc.) through part-time, part-time (evening) forms of study ();

Employees who study in educational institutions of primary vocational education (college, training center, etc.) ();

Employees who study in evening (shift) educational institutions(schools, gymnasiums, etc.) ().

The employer is obliged to provide study leave to these employees, regardless of how long the employee has worked in the organization. There are no restrictions on length of service giving the right to study leave.

Study leave is subject to payment only if the following conditions are simultaneously met:

An employee receives education of this level for the first time (or the organization sent an employee who already has education of this level to training on the basis of an agreement concluded by it with the employee) ();

Vacation is associated with passing exams or defending a diploma ();

The educational institution has state accreditation (, Labor Code of the Russian Federation).

The organization can also provide study leave to employees who study in institutions that do not have state accreditation. To do this, such a condition must be stated in the labor (collective) agreement (, Labor Code of the Russian Federation).

The success of training is determined by the educational institution in which the employee is studying, in accordance with internal documents, in particular, the charter. Confirmation of the successful training of an employee for the employer is a certificate of challenge issued to an employee combining work with training, and indicating his admission to the next certification: intermediate or final (orders of the Ministry of Education of Russia and). The employer does not need to require any other documents to confirm the success of training (for example, a certificate of absence of debt), nor does it need to wait until the end of the current session to pay for study leave.

The organization is not obliged to provide study leave to part-time workers. The right to study leave arises only for employees at their main place of work. This is stated in Article 287 of the Labor Code of the Russian Federation.

If an employee studies simultaneously in two educational institutions, paid leave is provided only in connection with studying in one of them at the employee’s choice ().

The duration of study leave must be indicated in the summons certificate from educational institution(). Standard forms of certificates are established by orders of the Ministry of Education of Russia and. The first of these forms is established for employees receiving higher education, the second - for those receiving secondary vocational education.

However, there are restrictions on the duration of paid study leaves. Maximum duration paid study leaves that the organization is obliged to provide to employees are given in.

Study leaves are paid in the same way as annual ones, based on average earnings (). Average earnings are determined based on the employee’s salary for the last 12 months (). In this case, all calendar days of study leave, including holidays, are subject to payment (Regulations approved).

Vacation pay for an employee going on study leave must be paid three days before it begins. At the same time, the period of payment of vacation pay is not affected. This conclusion follows from Article 136 of the Labor Code of the Russian Federation.

Nina Kovyazina

4. Answer: How to set part-time working hours

The normal working week should not exceed 40 hours (). During the week, working time must be distributed so that its total duration does not exceed this limit. The most common option is an eight-hour working day with a five-day working week (weekends are Saturday and Sunday).

The working hours regime in force in the organization must be enshrined in () contracts ().

In addition to the normal working hours, labor legislation provides for a regime. Part-time work means part-time employment of an employee either during the week or during the working day (shift). For example, not five working days, but four, or not eight hours a day (per shift), but six.

Part-time work should be distinguished from. The latter is established for certain categories of employees and is counted as a full labor standard (). If we are talking about a part-time working week, all non-working days in this case are reflected as weekends ().

An organization can transfer any employee to work with a part-time schedule at his request (application) or by agreement of the parties to the employment contract.

Moreover, in some cases, the administration is obliged to establish such a regime for an employee. This must be done as requested:

Pregnant woman;

One of the parents (guardian, trustee) with a child under the age of 14 years (disabled child under the age of 18);

An employee who cares for a sick family member in accordance with a medical report.

This procedure is provided for by the Labor Code of the Russian Federation.

In addition, the organization can introduce part-time work and.

The establishment of a part-time working regime at the initiative of the employer is allowed (if it exists in the organization) during the period of organizational and technical measures that entail significant changes in working conditions. If such changes could lead to mass layoffs, the administration has the right to establish a part-time working regime for up to six months. Such a restriction is provided for in Article 74 of the Labor Code of the Russian Federation.

In this case, employees must be notified in writing about the upcoming changes two months before they are carried out (with mandatory familiarization and signature) (). An employee’s consent or disagreement to work part-time can, for example, be written down in the .

If an employee in these circumstances refuses to work part-time, he can be dismissed only in the manner provided for in Part 1 of Article 81 of the Labor Code of the Russian Federation () (). In this case, he needs to be paid severance pay and average monthly earnings for the period of employment ().

Part-time working hours may be provided for in an employment contract or established by order of the manager. In the latter case, if for an employee this regime differs from the general one in force in the organization, this fact must be reflected in the employment contract (). To do this, enter into an additional agreement with the employee to the employment contract on changing the working hours (). In addition, it may be necessary to make changes to the internal documents of the organization (for example, to the annex to the collective agreement) if they establish a list of employees for whom part-time working hours apply.

An employee who is assigned part-time working hours works less than others. His work is paid in proportion to the established time (or depending on output). At the same time, the duration of annual paid leave is not reduced, the procedure for calculating length of service does not change, and other rights of the employee are not limited. This procedure is established by the Labor Code of the Russian Federation.

Employment service notification

The employment service must be notified of the introduction of part-time work in an organization. This must be done within three working days after the decision is made. Such requirements are established in paragraph 2 of Article 25 of the Law of April 19, 1991 No. 1032-1 and explained in.

There is no unified form of notification, so compose it in .

Cancellation of the part-time regime before the period for which it was established must be done - if it exists in the organization ().

Nina Kovyazina

Deputy Director of the Department of Education and Human Resources of the Russian Ministry of Health

5. Answer: How to organize work in flexible working hours

Application of flexible working hours

The procedure for applying the flexible working time regime is given in the approved. The norms of this resolution are subject to application insofar as they do not contradict the Labor Code of the Russian Federation ().

Flexible working hours are introduced to achieve certain goals, for example, for:

Increasing labor discipline;

Employee performance;

Ensuring a combination of employee interests with the interests of the organization.

In continuous production;

In conditions of three-shift work in discontinuous production;

When working two shifts, if there are no free workplaces at the junctions of the shifts;

If there are other production specifics.

Establishing a flexible working time regime in the department

To introduce such a regime for certain categories of employees, for example, an entire division of an organization, write down the application of the flexible working time regime in (, Labor Code of the Russian Federation).

Establish a summarized recording of working hours for employees working in flexible working hours if the daily or weekly working hours provided for this category of employees cannot be observed (). The procedure for applying summarized accounting is indicated in the Labor Regulations ().

Establishing flexible working hours for individual employees

It is not necessary to include information on the application of the flexible working time regime in the Labor Regulations if the regime is established by agreement with an individual employee, for example:

To a new employee when hiring him;

Already working employee.

Since the flexible working time regime applied to an employee will differ from the generally established working regime in the organization, then:

For a new employee, include a provision for flexible working hours in the employment contract;

For an already working employee, add to his employment contract.

Such rules are established in Article 100 of the Labor Code of the Russian Federation.