Employment of a full-time student. Student recruitment

Question: Tell me, please, is it possible for me to get a job on a work book if I am a full-time (full-time) student, and I can only work half a day. (Irina, student, 20 years old)

Dear Irina, Your question can be divided into several, requiring separate answers:

1. Can I conclude an employment contract as a full-time student?

You can, there are no legal restrictions on this matter. The only feature of your legal status is that, in accordance with Art. 59 of the Labor Code of the Russian Federation, a fixed-term employment contract may be concluded with you.

2. If I conclude an employment contract, will I have a work book?

Yes, in accordance with Art. 66 of the Labor Code of the Russian Federation, the employer (with the exception of employers - individuals who are not individual entrepreneurs) keeps work books for each employee who has worked for him for more than five days, in the case when the work for this employer is the main one for the employee. It is worth noting that your study is not a job, therefore, the refusal of the employer to draw up a work book, referring to the fact that you are supposedly accepted as a part-time job, is illegal. Part-time employment is possible only if there is a main place of work under an employment contract, where, in fact, your work book is kept.

3. Can I only work half a day?

In accordance with Art. 93 of the Labor Code of the Russian Federation, by agreement between the employee and the employer, they can be established both at the time of employment and subsequently part-time (shift) or part-time work week. Part-time work does not affect either the nature of the relationship, they remain labor, or the obligation of the employer to issue you a work book.

Question: Is it possible for a full-time student (5 course) to work at all. How can this affect the reprieve from the army? Now I have it. (Sergey, student, 21 years old)

There are no restrictions in the labor legislation for the employment of full-time students, except that, in accordance with Art. 59 of the Labor Code of the Russian Federation, a fixed-term employment contract may be concluded with these persons. From the Federal Law of March 28, 1998 N 53-ФЗ “On Military Duty and Military Service”, which establishes the right to deferment from conscription for citizens studying full-time, it does not follow that the fact of granting a deferment is in any way related to work student under an employment contract.

Question: Hello Victoria! Please help me understand my situation. Being a student of the 1st year of the university (full-time education), she got a job in one of the state organizations. Before that, she never worked. They were hired only part-time (an employment contract was concluded for a period of 1 year), they did not start a work book, referring to the fact that my university should do this when the end of my study period comes. In this position, I have been working in this institution for the 5th year. Every year you have to re-conclude an employment contract for a period of 1 year - at the request of the administration. Of all the documents in the Human Resources Department, only a pension insurance card was entered. The last year is left until the end of my studies at the university, in connection with which I decided, without waiting for graduation, to transfer to the “basic”, but the Human Resources Department refused, citing the fact that I am still a student. They still refuse to start a work book. I hope you'll give me a hand. Sincerely, Elena, 5th year student.

Dear Elena! In accordance with Art. 282 of the Labor Code of the Russian Federation, part-time employment - the performance by an employee of other regular paid work on the terms of an employment contract in his free time from his main job. In the absence of the main job under an employment contract, the conclusion of a part-time employment contract is impossible. Your studies at the university cannot be considered as a "main job". From what you wrote, we can conclude that this work is the only one for you and this is your main place of work.

In accordance with Art. 66 of the Labor Code of the Russian Federation, the employer (with the exception of employers - individuals who are not individual entrepreneurs) keeps work books for each employee who has worked for him for more than five days, in the case when the work for this employer is the main one for the employee. In accordance with clause 8 of Decree of the Government of the Russian Federation of April 16, 2003 N 225 “On work books”, the registration of a work book for an employee hired for the first time is carried out by the employer in the presence of the employee no later than a week from the date of employment.

As for the term of the employment contract, in accordance with Art. 59 of the Labor Code of the Russian Federation, a fixed-term employment contract may be concluded with persons entering a part-time job. However, since the employment contract with you as a part-time job was concluded with you unreasonably, accordingly, there are no legal grounds for limiting its term (provided that there are no other grounds established in Articles 58 and 59 of the Labor Code of the Russian Federation).

Question: Good afternoon! I went to college as a part-time college to get a secondary technical education, which I am getting for the first time. The college is state accredited. Am I eligible for paid study leave from my business organization? (Konstantin, 26 years old)

Hello Konstantin! In accordance with Art. 174 of the Labor Code of the Russian Federation, for employees who independently enrolled in state-accredited educational institutions of secondary vocational education, regardless of their organizational and legal forms for part-time and part-time (evening) forms of education, successfully studying in these institutions, the employer provides additional leave with the preservation of average earnings for:

passing intermediate certification in the first and second courses - 30 calendar days each, in each of the subsequent courses - 40 calendar days each;
preparation and defense of the final qualifying work and passing the final state exams - two months;
passing the final state exams - one month.

In accordance with Art. 11 of the Labor Code of the Russian Federation, all employers (individuals and legal entities, regardless of their organizational and legal forms and forms of ownership) in labor relations and other relations directly related to them with employees are obliged to be guided by the provisions of labor legislation and other acts containing labor law norms. Therefore, of course, if you are receiving this level of education for the first time, the employer is obliged to provide you with paid leave.

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 student of the university begins with the preparation of an employment contract. This agreement can be concluded both indefinitely and for any period not exceeding 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 may be concluded with persons receiving full-time education.

Full-time university students are not subject to a ban on establishing a probationary period, as for university graduates who graduated less than 1 year ago, who are first applied for a job in their specialty. Therefore, you can safely make a probationary period clause in the 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 with a free (flexible) work schedule.

If your student is under 18. “The length of working time of students of organizations engaged in educational activities, under the age of eighteen, working during the academic year in their free time from education, cannot exceed half of the norms established by the first part of this article for persons of the corresponding age” .(Article 92 TC RF)

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

Employment of a student o / o is issued by order, the content of which must correspond to the text of the employment contract.

With the issued order, the employee should be familiarized 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 of the o / o, for whom this place of work is the first, 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 date of admission of the employee-student to work.

The employer issues an insurance certificate of compulsory pension insurance to the employee, if he does not have one, but now this certificate is often issued even during the period 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 him with the necessary leave for studying without pay (Article 173 of the Labor Code of the Russian Federation):
when passing the intermediate certification 15 calendar days in the academic year,
when preparing and defending the final qualifying work, as well as passing the final state exams 4 months,
when passing the 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.

The desire not to depend on parents and the need for money makes the student look for work. For the employer, cooperation with this category of citizens is associated with a number of features. Recruitment of a student to work without fail takes into account the form of training. If a person is studying at a full-time department of a university, it will not be possible to conclude a standard employment contract. The process must be carried out in accordance with the norms of the Labor Code of the Russian Federation.

Labor Code of the Russian Federation

The peculiarities of interaction between an employee and an employer in the Russian Federation are regulated by the Labor Code. The rules for drawing up an agreement with an employee are reflected in chapters 10-11. In accordance with article 59 of the Labor Code of the Russian Federation, if a student is studying at a full-time department of a university, the employer can only conclude a fixed-term contract with a potential employee. This is due to the fact that usually full-time students only want to find a part-time job for the summer.

Attention

If the employee has not yet reached the age of majority, a reduced working week should be established. The rule is enshrined in article 92 of the Labor Code of the Russian Federation. The condition must be reflected in the contract.

If a person has already reached the age of majority, he also has the right to ask the employer to establish a part-time work week. To do this, you will need to draw up a statement or discuss cooperation during the signing of an employment contract. The rule is enshrined in article 93 of the Labor Code of the Russian Federation.

Full time and part time

Students can work full time or part time. If a minor citizen is employed by the company, he cannot work more than 7 hours a day. Such a rule is enshrined in the Labor Code of the Russian Federation. Adult citizens have the right to ask for a part-time job of their own free will. Information about this must be mandatory reflected in the employment contract. The agreement must specify:

what days will be considered working days;
duration of work per day and per week;
breaks during the performance of labor activity, if any;
start and end time of the working day;
weekend.

For your information

Additionally, the agreement must clearly state that the student is working part-time.

Correspondence students are usually arranged on a general basis. They are set to work full time unless they are minors. Otherwise, it is possible by prior agreement of the parties. Peculiarities of forthcoming cooperation in hiring are obligatorily documented.

Employer's obligations

The list of duties is fixed by the Labor Code of the Russian Federation. The list is relevant regardless of who is hired. The employer is obliged:

to comply with the norms of the current legislation;
ensure equal pay for equal work;
provide work in accordance with the employment contract;
provide equipment and other means necessary for the performance of labor duties;
familiarize with local regulations;
comply with the instructions of the Federal executive authority;
conduct collective negotiations and conclude a collective agreement;
provide for household needs in connection with the performance of labor duties;
product of compulsory social insurance;
compensate for the damage that the employee has suffered as a result of the performance of labor duties;
consider the instructions of the trade union bodies.

Attention

There are also special responsibilities that arise only if a student is hired. So, the employer is obliged to provide student leave. If a minor citizen is hired, the company is obliged to adjust the work schedule in accordance with the requirements of current legislation.

Employer's responsibility

The Labor Code of the Russian Federation does not fix special provisions regarding responsibility when hiring a student.

Student Responsibility

The labor code applies to the student in full. If a contract is concluded with a person, he bears full financial responsibility. If the employer's property is damaged due to the fault of the employee, the student will have to reimburse its cost.

Probation

The Labor Code allows the employer to determine at will. If the company decides that a period is necessary, it will be set. The existence of a probationary period should be reflected in the agreement between the employee and the organization.

IMPORTANT

The rule applies if the student is 18 years of age. If the citizen is younger, the law does not allow for a probationary period. Cooperation should immediately be started on a permanent basis.

Vacation for students

The provision and payment of leave for a student employee is carried out in accordance with standard rules. The provision of wages is carried out in proportion to the amount of time worked. The cash payment depends on the income of a citizen for the last year.

Additional Information

Usually students receive less than other workers. This is also reflected in the amount of vacation pay.

Entry in the work book

If the student's work is the main one, and the activity will be carried out for more than 5 days, an entry must be made in the work book without fail. The rule is enshrined in article 65 of the Labor Code of the Russian Federation. The entry is made in accordance with the provisions of the Labor Code of the Russian Federation. There is no special formalization of cooperation with a full-time student.

Summer employment

If a full-time student is accepted only for the summer, a fixed-term contract is concluded. It records information about all the features of interaction with a citizen. If part-time work is established, the fact must be reflected in the agreement. The employee must be familiar with the contract. As confirmation, he presents a signature.

Employment of a full-time student who is a member of the RSO

If a student is a member of the RSO, the Labor Code of the Russian Federation does not fix a special procedure for hiring. Manipulation will be carried out on a general basis. The employer will need to take into account the age of the potential employee and discuss the specifics of the schedule.

For your information

All nuances of cooperation are reflected in the contract. The paper must be provided to the employee for review. A person signs a contract if he agrees with all its provisions. Only after that a citizen can start working.

Employment of a part-time student

Registration of a part-time student is carried out on classical conditions. If a person receives an education for the first time, he is entitled to all the privileges reflected in the articles, the Labor Code of the Russian Federation. If a citizen decides to get an education of this level for the second time, the company may not provide the employee with paid leave to pass the session and pay for travel.

Nuances

By hiring a full-time student, the employer hopes that the citizen will continue to perform duties in the company after graduation. The organization will be able to receive trained specialists with higher education. Additionally, the institution may provide students with significantly lower wages than a full-time employee in a similar position.

Attention

Interaction with people studying in higher educational institutions is associated with a number of additional nuances. Thus, a student employee has the right to demand the establishment of a reduced working week. Additionally, a citizen will periodically leave for a session. Study leave cannot be combined with the main one. The period is paid. The organization cannot provide on study leave if the job is the main one. Rejection of the application will be considered a violation of the rights of the employee.

The student will be absent from the workplace longer than other employees. The duration of student leave can be up to 4 months. This period is set for graduate students. Lesser students are absent from primary courses. The average duration of a session is 1 month.

Labor Code of the Russian Federation

Attention

Full time and part time

what days will be considered working days;
duration of work per day and per week;
breaks during the performance of labor activity, if any;
start and end time of the working day;
weekend.

For your information

Additionally, the agreement must clearly state that the student is working part-time.

Employer's obligations

The list of duties is fixed by the Labor Code of the Russian Federation. The list is relevant regardless of who is hired. The employer is obliged:

to comply with the norms of the current legislation;
ensure equal pay for equal work;
provide work in accordance with the employment contract;
provide equipment and other means necessary for the performance of labor duties;
familiarize with local regulations;
comply with the instructions of the Federal executive authority;
conduct collective negotiations and conclude a collective agreement;
provide for household needs in connection with the performance of labor duties;
product of compulsory social insurance;
compensate for the damage that the employee has suffered as a result of the performance of labor duties;
consider the instructions of the trade union bodies.

Attention

Employer's responsibility

The Labor Code of the Russian Federation does not fix special provisions regarding responsibility when hiring a student.

Student Responsibility

Probation

IMPORTANT

The rule applies if the student is 18 years of age. If the citizen is younger, the law does not allow for a probationary period. Cooperation should immediately be started on a permanent basis.

Vacation for students

Additional Information

Usually students receive less than other workers. This is also reflected in the amount of vacation pay.

Entry in the work book

Summer employment

Employment of a full-time student who is a member of the RSO

For your information

Employment of a part-time student

Nuances

Attention

If a student worker is hired by your company, you need to take into account a number of restrictions and features. Which ones - read in the article of our colleagues from the magazine "Kadrovoe Delo".

Is it possible to accept a minor as a seller of tobacco products?

No.

What contract to conclude with a student?

Labor or civil law, depending on the purpose of his work.

What guarantees does a student employee have, regardless of his age?

The right to study leave, a reduced work week and compensation for travel to and from the educational institution.

Step 1. Determine if a student can work in your organization

If a student wants to work in your company and you, in turn, are ready to hire him, this does not mean that you can immediately draw up personnel documents for his employment. The law provides employment restrictions for certain candidates. So please clarify:

What is the age of the student;

Is he allowed to work in your company;

If the candidate is a female, does the law allow her to do the potential job;

Does the applicant have the education that is necessary to fulfill future duties.

By reviewing the main criteria in the table below, you will know whether a student is eligible to be accepted into your organization or not.

Restrictions on hiring a student

Criterion	Restrictions
Employee age	As a general rule, a student can work from the age of 16 (part one, article 63 of the Labor Code of the Russian Federation). For employment from the age of 14, the consent of one of his legal representatives (parent), as well as the guardianship and guardianship authority is required (light work that is not harmful to health and education is allowed). In some jobs, work is allowed from the age of 18 (for example, in the internal affairs service)
Opportunity to work in the field of your organization	Employees under the age of 18 are prohibited from working in harmful (dangerous) conditions, as well as performing work that may harm their health and moral development (part one of article 265 of the Labor Code of the Russian Federation). For some positions it is impossible to accept a person who had a criminal record for certain crimes (for example, a person who committed a murder cannot be a teacher in a kindergarten (Article 351.1 of the Labor Code of the Russian Federation))
	Not every position an employer has the right to hire a woman. Her work is limited to heavy work, the conditions for which are harmful and (or) dangerous (Article 253 of the Labor Code of the Russian Federation). It is impossible to hire women for positions where you need to manually lift and move weights that exceed the allowable norms.
Education	Some duties can only be performed by an employee with a special education (Article 65 of the Labor Code of the Russian Federation)

Step 2. Find out for what purpose the student wants to get a job with you

When you are convinced that you have the right to accept a student into the organization, you need to find out for what purpose he wants to get a job with you:

Complete the internship;

Perform work (provide services) from time to time;

Replace a temporarily absent employee (for the period of annual leave, decree, etc.);

Work on an ongoing basis.

From the goals listed above depends on what kind of contract you need to conclude with a student. So, if a candidate wants to take an introductory practice with you, you can not conclude either a civil law contract or an employment contract with him. In such a situation, an agreement with an educational institution is sufficient.

If you plan to involve a student in the production process, conclude a fixed-term employment contract with him. For example, when he is studying full-time (Article 59 of the Labor Code of the Russian Federation).

To perform one-time work (rendering services), a civil law contract can be concluded with a student: a contract, paid services, an author's order, etc. (Articles 702, 779, 1288 of the Civil Code of the Russian Federation). For example, a candidate plans to write articles for a magazine once a quarter (month, half year) or edit ready-made texts. In this case, there will be no employment relationship between your organization (customer) and the student (executor). This means that the student will not be able to claim the benefits that employees are entitled to under labor law: study leave, reduced working week, etc. At the same time, the internal labor regulations and the requirements of other local regulations of the organization will not apply to him. Therefore, he is not obliged to come to work at a certain time, etc.

Advice

Do not specify in a civil law contract with a student the conditions that are typical for an employment contract: the start and end time of work, salary, vacation, etc.

If you accept a student for the position of a temporarily absent worker, conclude a fixed-term employment contract with him. We remind you that an employee can work temporarily only in cases specified by law (Article 59 of the Labor Code of the Russian Federation). For example, to perform work for less than two months, or duties directly related to vocational training, etc.

Attention!

Before concluding an employment contract with a student under the age of 18, he must be sent for a mandatory medical examination (examination) (Article 266 of the Labor Code of the Russian Federation).

If there are no obstacles to the student working with you on a permanent basis, conclude an open-ended employment contract with him (Article 58 of the Labor Code of the Russian Federation).

Step 3. We specify what documents the student must submit

When concluding an employment contract, the student must submit to you (Article 65 of the Labor Code of the Russian Federation):

Passport (birth certificate up to 14 years old);

Documents of military registration - for those liable for military service and persons subject to conscription for military service (from 17 years old);

Labor book. If your organization is the student's first place of work, you must provide this document and bring it to him. If a student is going to work part-time in your company, he is not required to present you with a work book, and you, in turn, should not start a new one for him (Article 283 of the Labor Code of the Russian Federation);

Insurance certificate of state pension insurance. If your organization is the student's first place of work, you must issue this document to him (part four of article 65 of the Labor Code of the Russian Federation);

A document on education, qualifications or the availability of special knowledge - if they are required to perform future work.

In some cases, other documents may be required for employment. For example, a student under the age of 18 must submit a certificate of medical examination (part one, article 266 of the Labor Code of the Russian Federation). And if you conclude a fixed-term employment contract with a full-time student with his consent - a certificate from the university (Article 59 of the Labor Code of the Russian Federation).

Attention!

If you hire an employee for a period of up to two months, you cannot set a test for him. When concluding an employment contract for a period of two to six months, the probationary period cannot exceed two weeks (Articles 70, 289 of the Labor Code of the Russian Federation).

Features of the work of employees under 18 years of age

Condition of the employment contract	Peculiarities	Rule of law
Probation	Not installed	Article 70 of the Labor Code of the Russian Federation
Working hours	Reduced: - up to 16 years - no more than 12 hours a week; - from 16 to 18 years old - no more than 17.5 hours per week. Students receiving primary and secondary vocational education, combining study with work: - from 14 to 16 years old - two and a half hours a day; - from 16 to 18 years old - four hours a day. Daily labor rates can only be increased for creative workers	Articles 92 and 94 of the Labor Code of the Russian Federation, List approved by Decree of the Government of the Russian Federation of April 28, 2007 No. 252
Business trips, overtime work, work at night, on weekends and non-working holidays	Forbidden. Exception: student - a creative employee of the media, cinematography organizations, television and video crews, theaters, theater and concert organizations, circuses	Article 268 of the Labor Code of the Russian Federation, List approved by Decree of the Government of the Russian Federation of April 28, 2007 No. 252
Annual basic paid leave	31 calendar days at a convenient time. The right to leave for the first year arises regardless of the length of service in the organization. It is impossible not to grant annual leave, as well as withdraw from it	Articles 122, 124, 125, 267 of the Labor Code of the Russian Federation
Full liability	It comes only to compensate for the damage that the minor caused intentionally or in a state of alcoholic, narcotic, other toxic intoxication, or when committing a crime or administrative offense	Article 242 of the Labor Code of the Russian Federation

Step 4. We conclude an employment contract and reflect in it the guarantees due to the student

The employment contract must specify the basic conditions of the employee's work: his job duties, salary; the regime of work and rest, if they differ from those established in the organization, the conditions for compulsory social insurance of the employee, etc. (Article 57 of the Labor Code of the Russian Federation). Therefore, in this document you need to take into account the guarantees and benefits that a student employee is entitled to depending on age, gender and form of education (table above).

Guarantees and compensations for employees who combine work with training are reflected in Chapter 26 of the Labor Code. A student is entitled to these benefits if he studies successfully for the first time and his educational institution has state accreditation (Articles 173-175, 177 of the Labor Code of the Russian Federation). If an employee simultaneously receives education in two educational institutions, guarantees are provided to him only in connection with training in one of them of his choice.

Step 5. We issue an order for employment, make an entry in the work book and fill out a personal card

After you have concluded an employment contract with an employee, you need to issue an order for his admission to the organization, and also familiarize yourself with this document against signature no later than three days from the start of work (Article 68 of the Labor Code of the Russian Federation). The order is issued according to unified forms No. T-1 or No. T-1a6. Based on this document, the personnel officer makes an entry in the work book about hiring an employee and gets him a personal card.

The organization maintains work books for each employee who has worked on an ongoing basis for more than five days (Article 66 of the Labor Code of the Russian Federation). If an employee gets a job for the first time, you must give him a work book (part four of article 65 of the Labor Code of the Russian Federation).

Entries in the work book must be made in accordance with the Rules for maintaining and storing work books, approved by Decree of the Government of the Russian Federation of April 16, 2003 No. 225 (hereinafter referred to as the Rules) and Instructions for filling out work books, approved by Decree of the Ministry of Labor of Russia of October 10, 2003 No. 69 .

Every employee in your organization should have a personal card. In particular, it must reflect all the entries that you made in the employee's work book (clause 12 of the Rules). This document is filled out according to the unified form No. T-2, T-2GS (MS), approved by the Decree of the State Statistics Committee of Russia No. 1.

The experts who took part in the preparation of the material note:

Evgenia SIMAKOVA, lawyer, leading expert of the Kadrovoe Delo magazine:

Before accepting a student into an organization, make sure that he is eligible to work for you. Perhaps the law prohibits him from working in your company due to age, gender, education, etc.

Maria LAPINA, HR Administration Consultant, Business World Industry LLC (Ufa):

Find out why the student wants to work in your organization. It depends on whether it is necessary to conclude an agreement with him and, if so, which one - civil law or labor.

Boris CHIZHOV, Deputy Head of the Records Management Department of the Rostrud Administration (Moscow):

When applying for a job, a student must submit to you only those documents that are expressly provided for by law. Among them: a passport, military registration documents, a work book, a certificate of pension insurance, a document on education.