Student vacation for correspondence men: when it is provided, how is it paid for the Labor Code Article 173, in what terms, is the entrepreneur paid, what documents are needed for registration? Application and order for student leave: Sample

Rules for the provision and payment of educational leave.

Combining work and study is not as simple as it seems, especially if you work on a five -day and for almost a week are at work. In this case, it is almost impossible to visit a university without providing educational leave. In this article we will tell you how the training leave is paid and how to write an application for its provision.

Student vacation for correspondence students: when is it provided, how is it paid for the Labor Code Article 173, in what terms?

People who study in absentee form of training are given a vacation after the student brought a certificate-call. It is in it that the exact duration of the session, the number of the beginning and date of the end, is indicated. It is these days that the employer provides to a person. Many questions arise regarding payment and its terms. Article 173 indicates that this kind of vacation should be paid 3 days before it begins. But the fact is that not always an educational institution in two weeks can know when training begins. That is, the exact date of the beginning and end. Because many of the teachers work not in one university, but in several. It is necessary to make a schedule that may change, and the final option can be approved only 3 days or a week before the start of the session.

Therefore, in fact, the accounting department of the enterprise will not be able to pay in such a short time. In practice, the payment is usually made as follows: at the first stage, the student provides a certificate-call and writes an appropriate application addressed to the director of the enterprise. Further, an order is drawn up that during this period a person will be on educational leave. Only after these days are closed in the table, he will be handed over and approved, a person will receive payment.

Please note that if you have a bachelor's diploma, and at the same time you want to go to study at another university for a specialist, then labor legislation works in this case. You have the right to demand payment of student leave. Since the bachelor and a specialist are different levels.

Some enterprises go to a certain kind of trick. This is especially true for large enterprises that have encountered unusual cases. The fact is that the student can bring a certificate-call, go on a learning vacation, but not pass the session, that is, there will be no confirmation. In this case, the employer cannot recover the money from the student that he was paid. Therefore, very often the employer pays student only after providing the report, that is, another certificate that is issued after the session ended, that the student of prosperous passed the exams, he does not have academic debt. But this kind of actions are unlawful, that is, in fact, you must pay for your vacation, regardless of whether you pass the session or not.

Is paid student leave for a second higher education for a session in a magistracy, a contract for a contract, distance learning: conditions of provision

The second education is a separate conversation, because under labor legislation it is not provided for the allocation of educational leave, as well as its payment, to people who receive the second education of the same level. That is, if you studied at the school before, and then went to college, you are not required to provide training for your training, because the school and college belong to the first level of accreditation.

Exactly with universities, if this is the fourth level of accreditation, for example, an academy or university, and you will go to study for a second higher education, possibly at this university or in another, but also with the fourth level of accreditation, you are not required to provide training for your training vacation. And even more so pay it. You can only take days at your own expense.

Regarding the training of military personnel, then everything is quite difficult. Indeed, not everything is spelled out in the Labor Code. The military applies Federal law on the status of military personnelas well as a variety of decrees of the Russian Federation. That is, several more decisions, federal laws are attached to the usual law, because the military must protect their state.

Therefore, there are several certain subtleties:

• If you are an officer, you already have one higher education, but it is a military. If you refer to article 173, in the Labor Code, then such a training leave should not be paid.
• But the Federal Law on military personnel states what education, that is, military, was received at a special university. Therefore, you have the right to receive a second higher education, but already at a civilian university. That is, it can be any profession that you choose yourself. For example, a lawyer or a technologist, an engineer. The military is provided with this kind of vacation.
• If you are a military military, and during training you have some exercises, or a peacekeeping operation, a business trip, then they may not let go of the session. But in this case, a special certificate is issued, which indicates that you are performing a military operation.
• The head of the educational institution is informed that you cannot arrive at the session at this time, and you need to transfer it to the time when you arrive in the location military unit. If the leadership does not know how much the military operation is delayed, then the document is issued for an indefinite period. You have the right to take an academic vacation.

What documents are needed to draw up a student vacation?

In order for you to be given a student vacation at work, you must provide certain documents: the statement that you write, as well as a certificate. This is a certificate from the educational institution. The certificate-call is called. It indicates that in a certain period you have a session, and the head of the university asks the head of your company to provide a student vacation.

Application for student leave: Sample

Below is an application for student leave. Usually, in the upper right corner is written to whom this application is provided and from whom. That is, to the director of the enterprise from you. The body of the application itself shall indicate, the request to provide training for a certain period. The application indicates the number of the certificate-Zavzov.

Order for student leave: Sample

After receiving an application and a certificate-Zovzov, an order for student leave is issued, and below its sample is provided.

Educational or student vacation: how to write correctly?

Students often call this vacation educational or student. The people exist both words and is used equally often. But all documents are written in connection with training. Exactly the same wording is found in the order.

Is a student leave paid an entrepreneur?

Workers working at private enterprises very often face the problem of providing and paying for student leave. This is especially true for small companies, whose employer is overlay to let the person go on a learning vacation and at the same time maintain an average wage for him. But if they refuse you, then the entrepreneur violates the 173 article of the Labor Code.

Complaint:

• In this case, you need to write a statement in advance about the provision of student leave in duplicate, as well as provide a certificate-call.
• Also make a photocopy, ask your leader to sign a statement. Leave one copy to him with a certificate. Leave the second application to yourself, as well as a copy of the certificate-Vyzov. Next, you need to contact the Federal Labor Inspectorate with a complaint that you are not provided with a student vacation.
• A copy of the application and a copy of the certificate-Zovzov must be attached to the complaint. Most often, after you submit a complaint, the problem will be solved.

How to calculate the average earnings for student leave?

Payment for vacation in connection with training is regulated by Article 139 of the Labor Code. It indicates that the amount of the average salary is calculated in the previous year, which the employee worked. The average salary is calculated. That is, the amount that the employee earned in a year is divided by 12 (this is the number of months), and then by 29.4 (this is the average number of days in a month). Thus, the average number that corresponds to one day of work is obtained. It is on the basis of this number by the number of days of the session that you will pay for a vacation.

If you took a paid student vacation, will they be released on vacation by the next?

If you take a student vacation, it has nothing to do with the next. If you have a student vacation in January, and the next in March, then the employer in no way dare not to let you into the next vacation, motivating this by the fact that you took a student. Because these are two different types of vacation, and both are provided in the Labor Code. Another thing is if these two types of vacations coincide on the dates.

If the next vacation coincides with the student, are the days of the next vacation tolerate?

With the payment of the next vacation, which coincides with the student, there are many difficulties. The fact is that, according to Articles 173, 176 of the Labor Code, you should be provided with a student vacation. But there is also article 124, which indicates that the vacation that you take annually is extended if you had a temporary disability period, that is, sick leave, or performed some state duties, as well as in other cases.

According to labor legislation, that is, specifically in article 124 that you should extend your annual vacation for the number of educational days. Accordingly, the employer is not obliged to extend you. But in order to protect yourself, and extend the annual vacation to the number of educational days, you need to agree with the employer transfer.

That is, if you do not want to spend annual leave on training, we recommend dividing annual leave into two parts. If you know that around January you have a session, take part of the vacation before the session, and the second part after it. Or with an interval that is convenient for you. According to labor legislation, you have the right to divide the vacation into two parts, that is, 14 days.

If the sick leave coincides with the student vacation, are the days of the sick leave tolerate?

The fact is that you must go on a student vacation, because you have passed a certificate-call. After all, the company provided you with this vacation and students are put in the table. Therefore, they will not transfer anything to you, so this is not provided for in the legislation.

Indeed, it takes that people fall in an accident and unpleasant situations, break their legs, and during the session they are not able to come to the educational institution. In this case, the student to negotiate with the teachers. If an order for educational leave has already been issued, then they will pay it, not a sick leave. The employer is not obliged to endure or extend the student vacation on the number of sick leave, even if you have a sick leave, there is no such clarification in labor legislation. At the same time, you cannot get double payment, that is, student and sick leave.

If your sick leave ends, after the training leave is completed, then the wages will be charged in the following order: you will be paid a student leave until the date of its end. And then the sick leave, starting from the date of completion of the training and until the end of the date indicated in the sick leave. That is, in fact, part of the sick leave will be paid to you.

Are holidays paid on a student vacation?

If you study on the holidays in which you should be at work, and they are doubly paid, then in the case of a training vacation, there can be no talk of any double payment. Any student vacation is paid for average, without doubling wages on holidays.

Can they refuse student leave?

The Labor Code also clearly indicates in which case the student may refuse to provide leave. This is only possible if 10% of employees took student leave. If other workers on sick leave or annual leave, the employer has no right to refuse to provide student leave.

Examples of judicial practice:

• Very often, the employer manipulates the employee, threatens with dismissal or that he will write absenteeism. For example, there are cases that the employee brings a certificate-call, writes the corresponding application, but does not see the order for submitting him. Because no one issues this order. In this case, the employee arbitrarily goes on a student's vacation, they can put absenteeism, and then they are fired.
• But there is a decent ship practice in such cases. When the employee really submitted all the documents, certificates, statements, but for some reason the employer did not issue a vacation order, actually violating the law. An employee by a court decision was restored at work, and also paid all the necessary money, that is, the average earnings for educational leave and moral damage.
• In practice, we recommend that you chat with the employer. If he refuses you, you have the right to write a complaint to the labor inspectorate, by attaching an application, as well as a copy of the certificate-Zovzov.

Indeed, there are a lot of subtleties regarding educational holidays. And very little about this is written in labor legislation. It is precisely such omissions that make it possible for employers to manipulate employees in the provision of student leave.

Video: Payment of training leave