When and how a student leave is paid for the Labor Code: important nuances, a sample application and order. How many days of training vacation are it? Who is obliged to pay for student leave? How to calculate the training vacation?

This article will talk about student leave and its main angles.

Content

In this world, education is very important for humans. To find a job for a good job, a diploma is necessary. Many employees continue to receive education in parallel with work. It seems that there is nothing unknown, but not everyone knows the nuances associated with student leave during such training. It is for this purpose that we decided to share with you important information on this topic.

When is student leave is provided and paid?

The topic is really important, because the very first question arising in such a situation is related to the payment of this student vacation. And also most of the workers are interested in whether it is generally provided to all working students. All these aspects are clearly settled Labor Code of the Russian Federation Article 173. Therefore, all information will be formed by us, according to the current law.

Important: in the topic we use the concept "Student vacation", And so that you do not have various questions, we immediately clarify. Student and educational leave is the same concept. Labor legislation allocates the term training leave, but very often in practice they use the definition of “student”. There is no difference, so we will not concentrate the main attention on this.

The training is not different from the student — There is no difference between two terms

Training leave can be provided to the employee in such cases:

the employee undergoes continuing education courses in the framework of training programs in specially defined universities;
the employee is studying as part of the training platforms for the training of a specialist or master;
the employee acquires secondary education, including in absentia or in the evening form.

It is also worth understanding that it is not enough to study in parallel with work, mandatory conditions are also:

all compensations are possible only for training in one educational institution, at the choice of an employee;
guarantees can be obtained when learning at a certain level only for the first time. Re -receipt of qualifications does not entail compensation for educational leave;
to obtain such a switch, it is necessary to provide the employer with a special call to study;
the salary is preserved for the employee during training only in correspondence or evening form;
vacation with all guarantees is provided to the employee only at the main job, and concurrently, ordinary leave is possible.

Documentation of student leave

As noted that in order to obtain this type of student vacation, you need to provide the leader the next package of documents:

application for training leave;
calling for training.

Having examined this package of documents, you must get:

the directive on the provision of leave, which will indicate the conditions of compensation;
registration of educational leave data in a personal file and working table.

Order in the form of T-6 and in an arbitrary version

Duration of student leave with salary

You should know the information about the permitted length of educational leave. After all, this is a special type of time. Especially when paying for it.

So, the legislation regulates:
- upon receipt of the basic general education, the maximum duration has been established 9 calendar days;
- and already with the passage of the average general - 22 days.
During higher student leave Really:
- in 1-2 year- 1 month;
- before the end in all subsequent courses - 40 days;
- but on the state. certification is highlighted 2 months.
When studying in absentia or evening form higher professional educationthe release of such a duration is allowed:
- before the second student year - 40 days;
- until the VI course - 50 days;
- at the state session, writing diploma and master's work - 4 months.
Candidates and Doctor of Sciencesget it 3 and 6 months, respectively.

Important: you also need to understand that the duration of educational leave with all guarantees can be additionally indicated in the collective agreement, and with a longer duration and with large compensations or conditions.

Each training has its own term — Each training has its own limit

Payment moments of student leave

Important: it is worth noting that All payments are not made by the state. Such expenses are taken by a purely employer and only on a voluntary basis!And if he already pays for your debris, some obligations will also apply to you. In general, there is no such legal basis - it is imperative to finance the student vacation!

Also during the passage full -time You are not obliged to finance your fuss. But then the training vacation simply goes to addition to the paid off:

when passing certification during the receipt of secondary vocational education, an additional worker receives 10 k.D.;
the term of state certification relies 2 months;
if the worker receives a higher profile education, then it receives additionally at the disposal of another 15 days;
for the duration of the exams - 1 month, and in the defense of the thesis - 4 months.

Calculation of educational leave

Important: the deadline for the payment of educational leave - 3 days before the startthis vacation period. This issue is regulated by Article 137. Tk. Sometimes this issue is resolved after the employee’s departure, but this aspect should be adjusted with the employer.

If we talk about the calculation of such a switch, then it does not differ from the usual calculation. The basis is also taken The average earnings of the employee. To get this number, the total amount received should be divided into worked months.
And then it remains multiply by the number of days granted training leave. To make it clearer, we will consider an example.
The worker worked for 12 months and went to receive a new diploma. During this period, he received 400 thousand rubles. He relied on his vacation for 15 days:
- we get 400 thousand/12/29.3 \u003d 1137.65 rubles. - This is average earnings in 1 day;
- now 1137.65*15 \u003d 17064.74 rubles. - This is already supposed vacation funds.

Important: so that there is no confusion or misunderstanding, the number 29.3 is an average coefficient. That is, this is the average number of days in each month. The fact is that from 365 14 days are read in connection with the holidays. And then this number is divided into 12 months.

But there are cases a little more complicated, for example, the employee worked not exactly 12 months, but more. Moreover, now there is no rounding from the middle of the month, but accurate calculations are carried out by days.
For example, after 5 months and 16 days, Petrov was supposed to go to the training racing. According to the old scheme, he would have won a little, because for 16 days they go on rounding of a whole month. But he would have 14 days, then he would have lost them. But back to our vacation.
He is provided with paid leave of 30 days. It’s easier to act a little according to another scheme:
- 29.3*5 (entire months) +16 days \u003d 162.5 days;
- for example, the total earnings amounted to 250 thousand. We divide by 162.5 \u003d 1538.46 rubles. - This is in a day;
- 1538.46*30 \u003d 46153.8 rubles. - This is already supposed vacation pay for student leave.

If the company invests money in you, then they will need to work out

Labor subtleties of student leave

Important: the employee needs to understand another nuance. In the case of training at the expense of the enterprise, when there is a desire or need for release, the obligation will be lined up work a certain agreed period. Or compensate the organization all the costs associated with training, and/or penalty. Therefore, be careful!

But in this case there are exceptions when the employee has the above duty disappears:

if it is impossible to continue working on a medical certificate;
with elimination of the organization;
during the draft for military service.

However, exists several exceptions of the basic rules, which also need to be clearly understood:

already during the second retraining period, the worker is not supplied with the paid student leave;
the conditions for the calculation of vacation payments during the stay on educational leave are the same, as with the provision of ordinary leave;
when passing state exams for good grades, an employee is provided with another benefit for the next year. It consists in reducing the working week before the next session by one hour every day. That is, the employee will have a seven -hour working day all week.

Important: if the employee is ill and even issued all the papers that should be extended or transferred, then during this vacation, such a rule does not work. Remember - the sick leave does not extend the student vacation!

By the way, how to properly extend the vacation during the hospital period, you can see in the material "Important subtleties about the extension of the vacation during sick leave".

But you should not forget about your rights

Also remember Several things guaranteed by law for workers:

training vacation is an additional type of vacation, so it cannot be replaced by the main vacation;
when the student leave coincides with the main one, the first is granted training. The main vacation is transferred to another period in agreement with the leadership, in accordance with the vacation schedule;
the obligation to develop, compensation for the expenses of the organization and all other aspects must be prescribed either in the employment or in the collective agreement, or the rules of the enterprise that all employees coordinate. In the absence of a preliminary agreement, the employee may not have such a debt.

We told you all the main aspects that the employee should not only know, but also understand. There may not be a need for educational leave. But, as practice shows, large companies are interested in qualified specialists, so they teach their employees. In principle, education was never superfluous. It is possible that in a certain period of time the level of education is unimportant. But life is really unpredictable, and you do not know what will happen to you in a year, not that in five. Labor legislation needs to be known with all regulated nuances. Work, study and let everything be fine with you!