How to hire a full-time, full-time student. We hire a student Can a full-time student work?

Modern young people often try to combine study and work. And to the question of whether it is possible to hire a full-time student at a higher or vocational educational institution, the answer will certainly be positive: there is no legally established prohibition on combining full-time education with a profession.

But full-time education causes a lack of time, so hiring a full-time student is characterized by certain features for both the employer and the employee.

Registration of a student for a specific vacancy must comply with all hiring rules stipulated in labor legislation (Chapters 11 and 12 of the Labor Code of the Russian Federation). You should know exactly how the process of hiring new employees takes place in this case, what conditions should be regulated.

Operating mode

Since students have the opportunity to work only part-time, the manager should document all the nuances regarding the working regime, based on Article 57 of the Labor Code of the Russian Federation.

The employment contract concluded at the time of hiring a student must include the following provisions:

• duration of each work shift;
• start and end times of activities;
• number of work shifts per week;
• alternating weekends with working days.

The salary of a student employee will also correspond to a certain working regime. It is accrued depending on output or in proportion to the time worked, according to Art. 93 Labor Code of the Russian Federation.

In order for a student to be able to fulfill his work responsibilities productively without harming the educational process, a place of work with a flexible schedule may be a suitable option. Regarding whether full-time students can work only during vacations, it is worth noting that when an employee is hired to work for a specified period, which can be vacations, the employment contract is fixed-term. Such an agreement is limited to a certain time frame.

Required documents

An employer hiring students must sign a properly executed employment order. A work book is also opened - this is necessary if this is the first job for a young person.

The work book is filled out in accordance with all the rules during the entire time the student works at the enterprise, and after graduation from the educational institution, a note about studies is made in it: this responsibility rests with the employer.

Rights and responsibilities of a student as an employee

Hiring a full-time student involves some commitment on the part of both the company and the job applicant.

Each employee receiving full-time education is entitled to unpaid leave to resolve issues related to training. This need is caused by intermediate certifications and final exams that are mandatory for students, as well as preparation for them.

The main condition for obtaining such privileges is the presence of state accreditation of the educational institution in which the student is enrolled. Only those employees who are receiving higher education for the first time have the right to such leave.

The responsibilities of student workers must comply with the general provisions established in the Labor Code, as well as with an individual labor contract, a collective agreement of the enterprise, and internal labor regulations.

An employee must perform his assigned job duties and assignments efficiently, work in accordance with labor safety requirements, and be careful when handling company property.

Student employment - part-time work for students: Video

Often, students, while still studying at the university, already get a job.

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An experienced personnel officer has no doubt about this point. 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 regulated 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, the employer can conclude with full-time students - this is due to the fact that most often the student is simply looking for a part-time job for the summer.

It is worth considering that a minor student combining work and study must have a shortened working week. This is stated in Art. 92 Labor Code of the Russian Federation.

Such a condition must be specified with the student employee.

An adult full-time student has the right to ask the employer to establish a “preferential” work schedule for him - a part-time work week, 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 Labor Code of the Russian Federation.

According to Art. 173 Labor Code of the Russian Federation and Art. 17 of the Federal Law of August 22, 1996 No. 125-FZ “On Higher and Postgraduate Professional Education”, the employer is obliged to provide working students with paid money for preparing and passing intermediate and final exams.

The duration of such leave depends on the course of the employee being trained and on the basis for 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 university, he will most likely remain working for this employer.

Thus, the employer will receive a “ready” 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 disadvantages:

• A student employee may request that he or she work part-time.
• The student employee will be “out in session.” Study leave cannot be 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 workers

The guarantees and compensation that an employer must provide to a working student are listed in Art. 173 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 a student working for him a vacation of duration:

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

These guarantees apply to both full-time university students and part-time students.

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

• 30 calendar days to pass the session for 1st and 2nd year students receiving secondary vocational education;
• 40 days to pass the session in other courses before the end of the training program;
• 2 months to prepare the student for defending his 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 pay the full cost of travel for university students, and 50% for technical school and college students.

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 temporary work. In addition, the student must pay for the vacation. The employer “loses” financially.
• The student has no work experience - he will learn theory and gain practice “without leaving the cash register” - right at the workplace. The speed and quality of work performed by such an employee is quite questionable.
• A student is not the most reliable employee, since he is young and enthusiastic. It may happen that he quits the job without finishing it.

Design features

There are some special features when applying for a student job.

Documentation

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

• your passport;
• certificate of training;
• compulsory medical insurance policy;
• work book, if any;
• INN and SNILS, if available.

When hiring for the first time, the employer issues a work book for the employee, and the employee must obtain the TIN and SNILS independently.

Registration of the contract

When drawing up a contract with a student, you must take into account:

• The contract must be drawn up in writing - Art. 67 Labor Code of the Russian Federation;
• the content of the agreement must be drawn up in accordance with Art. 57 of the Labor Code of the Russian Federation, working hours and rest hours must be discussed with the student in advance;
• students have the right to part-time work, in accordance with Art. 93 Labor Code of the Russian Federation; if a 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 Labor Code of the Russian Federation;
• persons under 18 years of age cannot be prescribed - Art. 70 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 Labor Code of the Russian Federation.

The entries in the work record 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 made 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, an employee has the right to ask the employer in writing to establish a part-time working week for him.

The parties can reach an agreement, so the length of the student’s working 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

When applying for students to work, there are some personnel nuances. They need to be taken into account.

Otherwise, problems with the labor inspectorate 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” employees.

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

If a student applies for an internship, this occurs 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 internship is industrial.

Correspondence students

Part-time students are employed under exactly the same conditions as full-time students.

If a part-time student receives education at this level for the first time, then he has the right 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 second time, the employer is not obliged to provide the employee with paid leave to pass the sessions, nor to pay for travel.

Foreigners

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

• your passport;
• certificate of completion of education.

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

Probation

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 imposes employment restrictions on certain candidates.

Therefore please check:

— what is the student’s age;

— is he allowed to work in your company;

— if the candidate is a girl, does the law allow her to perform the potential job;

— whether the applicant has the education necessary to perform future duties.

By considering the main criteria in the table below, you will know whether you are eligible to accept a student into your organization or not.

Restrictions on hiring a student

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 work with you:

- complete the internship;

— perform work (provide services) from time to time;

— to replace a temporarily absent employee (for the period of annual leave, maternity leave, etc.);

- work on a permanent basis.

The goals listed above determine what kind of agreement should be concluded with the student. So, if a candidate wants to undergo an introductory internship with you, you do not have to enter into either a civil law 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, enter into 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 (provide services), you can conclude a civil contract with a student: contract, paid services, 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 or edit finished texts once a quarter (month, half a year).

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

— passport (birth certificate up to 14 years);

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

- work book. If your organization is the student’s first place of work, you must provide and submit this document to him. If a student is going to work part-time in your company, he is not obliged to show you a work book, and you, in turn, should not get him a new one (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 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 passing a medical examination (part one of Article 266 of the Labor Code of the Russian Federation). And if you enter into 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).

Features of the work of employees under 18 years of age

The employment contract must indicate the basic working conditions of the employee: his job responsibilities, salary; work and rest regime, if they differ from those established in the organization, 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 study (table above).

After you have entered into an employment contract with an employee, you need to issue an order to accept him into 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 using standardized forms No. T-1 or No. T-1a6. Based on this document, the personnel officer makes an entry in the work book about the employee’s hiring and creates a personal card for him.

The organization maintains work books for each employee who has worked on a permanent 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).

If you hire a student employee to join your company, you need to take into account a number of restrictions and features. Read about which ones exactly in the article by our colleagues from the “Personnel Business” magazine.

Is it possible to hire a minor as a tobacco salesperson?

No you can not.

What agreement should I conclude with the 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 shortened working week and compensation for travel to and from the educational institution.

Step 1. Determine whether the 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 imposes employment restrictions on certain candidates. Therefore please check:

What is the student's age;

Is he allowed to work in your company?

If the candidate is a girl, does the law allow her to perform the potential job;

Does the applicant have the education necessary to perform future duties?

By considering the main criteria in the table below, you will know whether you are eligible to accept a student into your organization or not.

Restrictions on hiring a student

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 work with you:

Complete the internship;

Perform work (provide services) from time to time;

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

Work on a permanent basis.

The goals listed above determine what kind of agreement should be concluded with the student. So, if a candidate wants to undergo an introductory internship with you, you do not have to enter into either a civil law 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, enter into 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 (provide services), you can conclude a civil contract with a student: contract, paid services, 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 or edit finished texts once a quarter (month, half a year). In this case, there will be no labor relations between your organization (customer) and the student (performer). This means that the student will not be able to claim the benefits that employees are entitled to under labor law: study leave, shortened working week, etc. At the same time, he will not be subject to internal labor regulations and the requirements of other local regulations of the organization. Therefore, he is not obliged to come to work at a certain time, etc.

Advice

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

If you hire a student for the position of a temporarily absent employee, enter into 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 professional training, etc.

Attention!

Before concluding an employment contract with a student under 18 years of age, 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 for you on a permanent basis, enter into an open-ended employment contract with him (Article 58 of the Labor Code of the Russian Federation).

Step 3. We clarify what documents the student must submit

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

Passport (birth certificate up to 14 years);

Military registration documents - for those liable for military service and persons subject to conscription for military service (from 17 years of age);

Work book. If your organization is the student’s first place of work, you must provide and submit this document to him. If a student is going to work part-time in your company, he is not obliged to show you a work book, and you, in turn, should not get him a new one (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);

Document on education, qualifications or 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 passing a medical examination (part one of Article 266 of the Labor Code of the Russian Federation). And if you enter into 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 him on probation. When concluding an employment contract for a period of two to six months, the probationary period cannot exceed two weeks (Article 70, 289 of the Labor Code of the Russian Federation).

Features of the work of employees under 18 years of age

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

The employment contract must indicate the basic working conditions of the employee: his job responsibilities, salary; work and rest regime, if they differ from those established in the organization, 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 study (table above).

Guarantees and compensation for employees combining work with training are reflected in Chapter 26 of the Labor Code. A student has the right to these benefits if he is studying 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 entered into an employment contract with an employee, you need to issue an order to accept him into 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 using standardized forms No. T-1 or No. T-1a6. Based on this document, the personnel officer makes an entry in the work book about the employee’s hiring and creates a personal card for him.

The organization maintains work books for each employee who has worked on a permanent 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 dated April 16, 2003 No. 225 (hereinafter referred to as the Rules) and the Instructions for filling out work books, approved by Decree of the Ministry of Labor of Russia dated 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 Resolution of the State Statistics Committee of Russia No. 1.

Note the experts who took part in the preparation of the material:

Evgenia SIMAKOVA, lawyer, leading expert of the Personnel Business magazine:

Before accepting a student into an organization, make sure that he has the right 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 at Business World Industry LLC (Ufa):

Find out why the student wants to work in your organization. It depends on this whether an agreement should be concluded with him and, if so, which one - civil or labor.

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

When applying for a job, a student must provide you only with those documents that are expressly required by law. Among them: passport, military registration documents, work record book, pension insurance certificate, education document.