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 an incomplete working 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.

Additionally, the agreement must clearly state that the student is engaged in part-time activities. work 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.

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. In addition, the institution may provide wages significantly lower for students than for a full-time employee in a similar position.

Attention

Interaction with persons undergoing training 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.

The first month of school is coming to an end. Relaxed during the two vacation months, young people began to get used to a busy schedule, life began to boil in institutes and universities. True, many young people did not manage to relax in a normal way over the summer. After all, according to statistics, more than 50% of former and current students have combined and combine their studies at the university with work. Is it good or bad?

As you know, too active guys who get a job almost from the first semester are usually strongly disliked by professors and teachers. Like, he entered the institute - if you please, get knowledge. And if you want to earn money, transfer to an account. But, oddly enough, guys who, due to a busy work schedule, are forced to skip lectures and master the program on their own, sometimes absorb new things with much greater pleasure and even close the session faster than those who are only busy with university affairs. Paradox? But it’s not: work teaches you to be independent, use your time efficiently and just have an adult outlook on life. This was proved by a study that was recently published by the All-Russian Center for the Study public opinion(VTsIOM), Komsomolskaya Pravda reports.

As it turned out, over the past 15-20 years, the attitude of adults to the fact that smart students have time here and there has changed a lot. It is understandable: no distribution has existed for a long time. And finding a job after the fifth year, if you don’t have at least a minimum work experience in your specialty, is almost unrealistic. Even with a red diploma.

School students are not paid

Contrary to popular belief, studying full-time and working at the same time is not as convenient and profitable as it seems at first glance! Firstly, study holidays last almost two to three times less than those provided to correspondence students and evening students. Compare: part-time students, according to the Labor Code of the Russian Federation, can carelessly prepare for a session for forty or even fifty (in the last courses) days. And the diaries are given such a vacation only for fifteen. And besides, these "holidays" are not paid!

Secondly, not four, like an ordinary correspondence student, but only three months, you can ask your boss for the preparation and defense of a diploma. Or take a vacation at your own expense for a month in order to come to the state exams fully armed.

Thirdly, when the whole country and all ordinary clerks celebrate the New Year holidays for more than a week, the full-time student is busy giving up the winter session. And during the holidays he relaxes, because he only has to work!

And fourthly: in the summer, when most of the employees either leave or return from vacations, a full-time student works at full strength. Because in the absence of colleagues, you can prove yourself perfectly, having coped with their work with a bang.

What College Students Should Do

If you entered not an institute, but a full-time department of a college, technical school or college, you can also count on some benefits.

For example, you have every right to ask your boss to give you study leave. Of course, unpaid. True, you will be allowed to prepare for the session only 10 days, for state exams - exactly a month, for the defense thesis- two.

Combining a session with a work rush is difficult, but necessary. To get legal study leave for the period of passing exams, you must at least study well.

What are the benefits for working students?

1. Is it possible to study at two faculties or at two universities at once?

Yes. The Federal Law “On Higher and Postgraduate Professional Education” (No. 125-FZ of August 22, 1996) does not prohibit this. But you will receive the guarantees and compensations required by law (see below) only once.

2. Are there any benefits for working students?

Yes. An employee who combines part-time or part-time studies evening department with work, at his request, a shortened working week can be established. During the period of release from work, 50 percent of the average salary is due, but not less than the minimum wage.

3. Should the university provide textbooks for part-time students and evening students?

Yes. Students of state universities, regardless of the form of education, have the right to use libraries and information funds free of charge, that is, they can count on full provision with all types of teaching aids(Clause 5, Article 16 of the Federal Law).

4. What should I do if my boss or work rush at work does not allow me to pass exams on time?

You shake this problem at the university. Usually such cases are considered by the deputy dean for academic work. And if you are in good standing, then you will almost certainly meet halfway and find a compromise solution. If not, you will most likely earn disciplinary action for not showing up for your exam on time.

5. How long is the study leave?

In accordance with the Labor Code, university students who combine study with work are entitled to study leave. At the same time, the student employee retains his average salary.

But to get a vacation, you need:

• successfully study (that is, have no debts) at the correspondence or evening department;
• this should be the first higher education;
• educational institution must be state accredited.

As for the duration of the vacation, then:

• for exams in the 1st and 2nd courses - 40 calendar days during the entire period of study in each course;
• on the third and each of the subsequent courses - 50 calendar days;
• for the preparation, defense of the thesis and passing the final state exams - 4 months;
• for passing only the final state exams - 1 month.

The employer is obliged to provide leave to both the employee-applicant and the student of the preparatory departments - 15 calendar days. True, unpaid.

6. Is it possible to transfer a session?

Only contract servicemen have the right to do so. In other cases - at the discretion of the university. Many educational institutions provide an opportunity to pass exams ahead of schedule, for academic excellence, as well as nonresident part-time students.

7. What can they deduct for?

• for failure;
• for violation of discipline (for example, if during the year he received 3 reprimands);
• if you study at a paid department - for non-payment;
• for appearing at the university in a state of alcoholic or drug intoxication;
• for committing immoral acts (rudeness towards teachers, a fight, etc.).

It is not allowed to expel students during their illness, holidays, academic leave or maternity leave.

If a student believes they have been unfairly kicked out, they can appeal this decision:

• at the rector of the university;
• apply to the state agency in charge of the university;
• in a court.

8. Can a second higher education be free?

No. An exception is only for military personnel transferred to the reserve after 15 years of service, for health reasons or in connection with organizational and staff activities.

Employer ( state-financed organization) plans to accept a full-time student who has reached the age of 18 as a part-time cleaner (0.5 rate).
Can a full-time student combine study with work?

ABOUT:

After considering the issue, we came to the following conclusion:
A person receiving full-time education has the right to combine study with work.

Rationale for the conclusion:
According to the first part of Art. 2 of the Labor Code of the Russian Federation, one of the principles of legal regulation of labor relations is freedom of labor, including the right to work, which everyone freely chooses or freely agrees to. Discrimination at work is prohibited. Everyone has equal opportunities to exercise their labor rights. No one may be limited in labor rights and freedoms or receive any advantages, regardless of gender, race, skin color, nationality, language, origin, property, family, social and official status, age, place of residence, attitude to religion, political beliefs, membership or non-affiliation to public associations, as well as from other circumstances not related to the business qualities of the employee. The right to work can only be limited by federal law (Article 3 of the Labor Code of the Russian Federation).

Labor legislation does not contain a ban on combining work and full-time education. On the contrary, for example, the ninth paragraph of the second part of Art. 59 of the Labor Code of the Russian Federation directly provides for the possibility of concluding fixed-term employment contracts by agreement of the parties, including with persons studying full-time. In addition, Art. 173-177 of the Labor Code of the Russian Federation for persons combining work with education, additional guarantees are provided.

Thus, an employment contract can be concluded with a full-time student - both fixed-term (part two, article 59 of the Labor Code of the Russian Federation), and for an indefinite period. A similar opinion is shared by the representative of Rostrud I. Shklovets (see the answer to the question: “We want to conclude an employment contract with a full-time student. He has a certificate of transition to free attendance. Is it possible to conclude a full-time contract?”, (The contract is the basis labor relations (I. Shklovets, Actual Accounting, N 8, August 2011)).

Therefore, a full-time student has the right to combine study with work.

With students who have reached the age of 18, an employment contract is concluded in the usual manner, as with other employees.

Prepared answer:
Legal Consulting Service Expert GARANT
Naumchik Ivan

Answer passed quality control

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

Quite often, students, while still studying at the university, are already getting a job.

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For an experienced personnel officer, this moment is not in doubt. But many do not know that there are certain features when hiring students.

What does the law say?

Registration of labor relations with full-time students is regulated by labor legislation.

The main labor law is the Labor Code of the Russian Federation dated December 30, 2001 No. 197-FZ.

Normative base

The conclusion of an employment contract with students is governed by the general rules for drawing up this document.

The rules for drawing up and concluding an employment contract are specified in chapters 10 and 11 of the Labor Code of the Russian Federation.

According to Art. 59 of the Labor Code of the Russian Federation, with full-time students, the employer can conclude that this is due to the fact that most often the student simply looks for a part-time job for the summer.

It should be borne in mind that a minor student combining work and study should be given a reduced working week. This is stated in Art. 92 of the Labor Code of the Russian Federation.

Such a condition must be necessarily spelled out in the training worker.

An adult full-time student has the right to ask the employer to establish a “preferential” work schedule for him - part-time work, for example.

To do this, he must write an application addressed to the employer or discuss this point before signing the contract. This is stated in Art. 93 of the Labor Code of the Russian Federation.

According to Art. 173 of the Labor Code of the Russian Federation and Art. 17 federal law dated August 22, 1996 No. 125-FZ "On higher and postgraduate professional education", the employer is obliged to provide working students with paid education for the preparation and passing of intermediate and final exams.

The duration of such leave depends on the course of the trainee and on the basis of the leave.

The shortest vacation is for undergraduate students, and the longest for graduate students. It can reach 4 months.

Advantages and disadvantages

When hiring a student, the employer pursues the main goal - after the employee graduates from the university, he will most likely remain working for this particular employer.

Thus, the employer will receive a “ready-made” employee with a higher education.

In addition, a student can be paid a salary much lower than a full-time employee in this position and with a higher education.

But there are also some downsides:

• A student worker may demand that part-time work be established for him.
• A student employee will "leave in session". Study leave is not combined with the main one, so the student will be absent from work longer than other employees. All students are paid exactly the same as full-time employees.

Guarantees and compensation for employees

The guarantees and compensations that the employer must provide to the working student are listed in Art. 173 of the Labor Code of the Russian Federation.

The main guarantee is the provision of leave to continue studies, and the main compensation is paid leave.

In Art. 173 of the Labor Code of the Russian Federation states that the employer is obliged to provide and pay for a student working at his place of leave of duration:

• 40 days a year for passing a session for working undergraduate students at a university in a bachelor's, specialist's or master's program, regardless of the form of education;
• 50 days for passing tests and exams in senior courses, up to graduation;
• up to 4 months for writing a thesis and defending it, as well as for preparing and passing state exams.

These guarantees apply to both students day department University, and for students - part-time students.

For secondary students vocational education, Art. 174 of the Labor Code of the Russian Federation establishes the following vacation duration:

• 30 calendar days for passing the session for 1st and 2nd year students receiving secondary vocational education;
• 40 days to pass the session on the remaining courses before the end of the training program;
• 2 months to prepare a student for the defense of a thesis and passing state exams.

If the educational institution where the student is studying is located in another city, then the employer is obliged to fully pay for travel for students of universities, and in the amount of 50% for students of technical schools and colleges.

Risks for the employer

When hiring a student, the employer faces certain risks:

• The student will leave for the session - he will be absent from the workplace. To perform his duties, you will need to find another employee who will have to pay extra for a temporary combination. In addition, students need to pay for vacation. The employer "loses" in finance.
• The student has no work experience - he will study theory and gain practice "on the spot" - right at the workplace. The speed and quality of the work performed by such an employee is rather doubtful.
• A student is not the most reliable worker, as he is young and enthusiastic. It may turn out that he quits the job without finishing it.

Design features

When applying for a job, there are some peculiarities.

Documentation

To apply for a job, a student must submit the following documents to the employer:

• your passport;
• certificate of study;
• compulsory medical insurance policy;
• work book, if any;
• TIN and SNILS, if any.

When employed for the first time, the employer draws up a work book for the employee, and the employee must receive the TIN and SNILS on their own.

Registration of the contract

When drawing up a contract with a student, it is necessary to take into account:

• The contract must be in writing - Art. 67 of the Labor Code of the Russian Federation;
• the content of the contract must be drawn up in accordance with Art. 57 of the Labor Code of the Russian Federation, the working hours and the rest regime must be discussed with the student in advance;
• students are entitled to part-time work, in accordance with Art. 93 of the Labor Code of the Russian Federation; if the student asks, then this must be reflected;
• if an employee - student is not yet 18 years old, then he can work no more than 35 hours a week - Art. 92 of the Labor Code of the Russian Federation;
• persons under the age of 18 cannot be appointed - Art. 70 of the Labor Code of the Russian Federation.

The employment contract is signed by both parties.

Entry in the work book

If the student's work is the main one, and he has been working for more than 5 days, the employer is obliged to make an entry in the work book. This is stated in Art. 65 of the Labor Code of the Russian Federation.

Records in the labor will look like this (as in the standard case):

Experience

To calculate a pension, an insurance period is required, that is, the period during which contributions to the Pension Fund were deducted for the employee.

This has nothing to do with working hours and the basis for calculating contributions.

Working hours

In accordance with Art. 93 of the Labor Code of the Russian Federation, the employee has the right to ask the employer in writing to set him a part-time working week.

The parties can reach an agreement, so the duration of the student's work week will be any.

If the student is a minor, then according to Art. 92 of the Labor Code of the Russian Federation, he must work no more than 35 hours a week.

Personnel nuances

There are some personnel nuances when applying for students to work. They must be taken into account.

Otherwise, problems with the labor inspection cannot be avoided during the next scheduled or unscheduled inspection.

Hiring a full-time student

Full-time students have the same rights and responsibilities at work as "essential" workers.

A full-time employee has the right to demand part-time work. Employment of a full-time student takes place in accordance with the norms of the Labor Code of the Russian Federation.

If a student is registered for practice, this happens on the basis of an agreement concluded between the employer and the educational institution.

An employment contract with such a student is concluded if the practice is industrial.

Correspondence students

students absentee form studies are issued for work exactly on the same conditions as full-time students.

If a part-time student receives an education of this level for the first time, then he is entitled to all compensation and guarantees specified in Art. 173 and 174 of the Labor Code of the Russian Federation.

When receiving education of the same level for the 2nd time, the employer is not obliged to provide the employee with paid leave for taking sessions, as well as pay for travel.

Foreigners

A foreign student receiving a higher or secondary vocational education in our country, upon employment, must present to the employer:

• your passport;
• certificate of education.

The rest of the procedure is exactly the same as when registering a student - a citizen of our country.

Probation

Workers-students are fully covered by the labor legislation.

If the employer decides that a probationary period is needed, he must state this in the employment contract.

If the employee is under 18

If a student worker has not reached the age of majority, then he must work no more than 35 hours a week.

In addition, according to Art. 213 of the Labor Code of the Russian Federation, a minor worker must pass a mandatory employment.

Material liability

If an employment contract is concluded with a student, then he is liable for damage to the property of the employer.

Vacations and sick days

Vacations and sick leave for student workers are paid in the same way as for "basic" workers. The amount of payments depends on the student's working hours.

Only a few students can afford to study and do nothing else. The rest have to somehow survive: to earn for themselves, if not for food, then at least for a little bit of entertainment. But how do you balance work and study? Where to find time and energy for both vital areas?

A working student is a god!

If a student works, this automatically increases his prestige in the eyes of not only himself, but also in the eyes of his friends and relatives.

Moreover, the work gives such young man not only financial security, but also experience (of course, if he got a job in his specialty). So when graduating from the university, such a valuable staff will already have something to brag to employers. In addition, he will already have a significant advantage over competitors: youth and enthusiasm, experience and higher education.

However, even if you work during your studies not at all in your specialty, this gives you the same experience, but in a different area. If later, after receiving a diploma, you cannot find a job in your specialty, you can go to where you have already worked.

Disadvantages of working while studying

Any work is, of course, good. Even if it is a remote work for students at home. But even here there is a fly in the ointment.

Attention (albeit very small) to some other area besides studying takes time, which means it takes away knowledge.

Even if the job gives you a stable and very large income, it will deprive you of something more: knowledge, skills, abilities that can only be obtained at a university.

We do not forget about one very important component of a student's life: when you study at the university, entertainment is simply vital for you. Only having experienced this stage of your life like everyone else, you will not regret it in old age. And combining work with study makes us sacrifice this precious time.

So how to be? Working is good, not working is also good. Or it’s the other way around: if you work, it’s bad, if you don’t work, it’s also bad.

We suggest that you familiarize yourself with those types of work that will minimally distract you from your studies, and most likely will bring more benefits than the usual part-time job as a waiter for the summer, courier or accounting activities during your studies.

By the way! For our readers there is now a 10% discount on any kind of work

The best job for students that does not interfere with their studies

So, if working for students remotely from home starts to interfere with your studies, pay attention to following list who is the best person to work with.

Work at the department of your own university

A laboratory assistant, a programmer, a secretary, a curator - you can get a job with anyone you like, as long as they arrange it. First, it oh-how helps study. Secondly, you will have concessions, because teachers are well aware of how hard it is to study and work at the same time, especially to work at a university.

Temporary almost purely physical work

Couriers, porters, waiters - all those activities that students usually get a job in summer period for work, also suitable. True, you need to choose those places that you can go to not at a fixed time, but in your free time from study.

Also try to choose places to work that are close to home or university.

Work in the specialty

Here you will have to be patient. Get ready: working and studying at the same time will be very hard, but it's worth it. And we have already listed all the advantages of this state of affairs above: entry into the labor force even before graduation, experience, acquaintance with the team of a new, possibly permanent place of work.

One time job

By the way, one-time earnings are much higher than regular ones. The only disadvantage of this type of making money is that it is inconsistent, irregular. Today you can be attacked by 50 orders, and tomorrow there will be none.

Today, large companies constantly arrange exhibitions, events, promotions, tastings. And they need promotional staff. For a full-time employee, this work is too irregular, but for a student it is just right.

Work and personal problems

Many students come to universities from other cities, which is why they have a lot of their own problems: no housing, not enough food, and so on.

IN major cities a lot of opportunities to get a job that will not only be paid financially, but also solve some of these problems. For example, many restaurants feed their waiters for free. There are also firms that pay for a rented apartment (at least partially) for their employees.

Work and study at the same time

Night watchmen, watchmen, duty officers - all these working specialties will allow you not only to receive your own earnings, but also to study right at the workplace.

Do not hesitate to get a job - the sooner you understand how and why money is earned, how painstaking and complex the process is, how everything works in this world, the easier it will be for you when you get a diploma.

As a bonus, the service for students offers not to puzzle over how to devote time to writing tests during work and study, but to order the writing of study papers from those who will do everything 5+.