Does a full-time student have the right to work. Hiring a full-time student

22.04.2020

In the labor legislation there are no prohibitions and restrictions on the combination of work with full-time education by university students. Therefore, any enterprise has the right to hire such employees, including full-time ones.

Employment of a full-time student should be carried out on a general basis, guided by chapters 10 and 11 Labor Code RF.

Many students go to work in their specialty during their studies in the companies of their choice, not only to earn extra money for themselves, but also with the prospect that they will be able to stay in this company after graduation. At the same time, they will already have some experience in this company, and they will be able to get promoted faster.

Registration of labor relations with a full-time student of the university, as with any other employee, must begin with the preparation of an employment contract. This agreement can be concluded both indefinitely and for any period not exceeding five years.

You should also take into account the fact that if for university graduates who graduated less than 1 year ago, who are applying for a job in their specialty for the first time, it is forbidden to establish a probationary period, then this prohibition does not apply to full-time university students. Therefore, by agreement of the parties, full-time students may be given a probationary period on a general basis.

Working mode

Since it is rather difficult to combine study and work, full-time students are mainly suitable for part-time work or with a free (flexible) work schedule.

The minimum duration of both the working day and the working week is not established by law. In this regard, the parties to the employment contract have the opportunity to agree on a suitable work schedule for the student worker at their discretion. For example, you can set for him both a reduced work week and part-time work or a shift at the same time. At the same time, the student employee's salary will be calculated in proportion to the hours worked, or its accrual will depend on the amount of work performed by him (Article 93 of the Labor Code of the Russian Federation).

Also, this category of workers can establish a flexible working time regime. This mode of work is characterized by the fact that the beginning of the working day, its end or the total duration is set individually for each employee. In this case, the employee will need to work the appropriate number of working hours in certain accounting periods (day, week, month, etc.) (Article 102 of the Labor Code of the Russian Federation).

Basically, the working hours, as well as the rest time for working full-time students, are negotiated by agreement of the parties for each employee individually. And if it doesn't match general rules accepted from this employer, then this must be stipulated in the employment contract (Article 57 of the Labor Code of the Russian Federation).

If, under the terms of an employment contract, a student has a part-time work regime, then this fact does not affect either the duration of his annual main paid leave, or the accounting of his seniority, and does not entail any other restrictions on his labor rights (part 3 of article 93 of the Labor Code of the Russian Federation ).

Admission order

Employment of a full-time student must also be issued by order (form No. T-1). Its content must fully comply with the employment contract signed with this employee.

The student worker should be familiarized with the issued order against signature within three days from the moment he began to perform his duties at the workplace. At the request of this worker personnel service must give him a copy of this order, duly certified.

Registration of a work book

For a full-time student, for whom this place of work is the first, the personnel service of the enterprise must issue a work book (part 4 of article 65 of the Labor Code of the Russian Federation). Registration must be made within five days from the date of admission of the student employee to work.

Guarantees and compensation

If a working student of a full-time department receives his education at a state-accredited university for the first time, then guarantees are provided for him to provide him with the leaves he needs for studying without pay (Article 173 of the Labor Code of the Russian Federation):

when passing intermediate certification-) 15 calendar days in an academic year,
in the preparation and defense of the final qualifying work, as well as the delivery of final state exams-) 4 months,
when passing the final state exams -) 1 month.

If a working student studies at a university without state accreditation, then such guarantees can be stipulated in the employment contract of this student or in the collective agreement of the company where he works.

Although we have described in detailthe process of obtaining a work permit for a foreign student in Russia, this topic gives rise to various questions and misconceptions. In this article, we will analyze the most popular of them.

Recall the two main conditions for the implementation of labor activity in Russia:

1. The foreigner must be of legal age.
2. A foreigner must have a document allowing him to work.

Note: foreign students do not need to issue any permits if they work at their educational institution outside of class (including vacations).

Let's move on to questions.

1. What must a student complete in order to be able to work? Patent or Work Permit?

Students of universities with state accreditation who are learning at the full-time department draw up Work Permit(RNR). Correspondence students and students of non-accredited universities must apply for a patent.

2. I heard that PHP was cancelled.

Work permits for labor migrants entering without a visa have indeed been cancelled. Now they should even if they plan to work from legal entities. But for workers who come to Russia on a visa, for highly qualified specialists and students it remained in force.

3. My university is in Tver. Can I apply for a work permit in Moscow?

No. Do not forget that a student can only work in the profession specified in the permit, and only in the region (city) where his university is located. Therefore, a student of a Tver university will not be able to apply for a RNR in Moscow.

4. What is the validity period of a student PHP?

Student RNR is issued for 1 year, and then it can be extended for the duration of the employment contract, but not longer than the period of study at the university. Please note: if a student graduated, dropped out or took academic leave, the permission will be revoked.

5. List of documents for registration of RNR for a student?

1. Application.
2. Passport.
3. Migration card.
4. Receipt of payment of state duty
5. Labor contract.
6. Certificates of the absence of HIV infection, infectious diseases, drug addiction.
7. Certificate from the university about studying in the main program full-time.

6. What does a university certificate look like?

7. Where can I get an employment contract?

To obtain a permit, a student must have either project employment contract ( not signed by the parties), or a signed employment contract stating that it comes into force after receiving foreigner work permit.

At the same time, it should be taken into account that the employer does not have the right to attract (allow) a foreign student to work until he receives a RNR. (Clause 4 of Article 13 of Law No. 115-FZ).

8. The employer is talking about some kind of quota for RNR...

Issuance of a work permit foreign student is made without taking into account quotas for the issuance of such permits (clause 9 of Article 13.4 of Law No. 115-FZ)

9. Does my employer have to notify the Federal Migration Service about the conclusion of the contract? I'm a student.

you are foreign citizen so the employer must notify

Scholarships for Russian students are significantly inferior to similar payments in developed European countries.

State assistance is all that a university student can count on, otherwise he will be forced to devote less time to study and be torn between couples and part-time jobs.

Conditions must be created in the country that allow one to focus on knowledge, so a scholarship is a very burning issue.

The legislative framework

The procedure for paying scholarships is regulated by Article 36 of the Federal Law of December 29, 2012 No. 273-FZ “On Education in Russian Federation».

A scholarship is a monetary payment awarded to a student in order for him to strive to master the corresponding educational course. Only the student and graduate student who has chosen the full-time department for study can count on receiving.

If we talk about the timing, then the scholarship should be paid at least once a month.

Kinds

Among the main types of scholarships can be distinguished:

academic;
for graduate students;
social.

Academic directly depends on academic performance and scientific works, but assigned to students in need of social support.

scholarship fund is a source of payment of scholarships, the distribution of which is made on the basis of the charter of the institution and in the manner established by the council of the supreme educational institution. The approval of the document cannot be carried out without the student union and student representatives.

In order to be appointed academic scholarship , the head of the educational institution must sign the relevant order submitted by the scholarship commission. Such payment terminates 1 month after the student was issued an order to expel the student (due to poor progress or graduation). The scholarship committee may include a student union member or student representative. Count on academic scholarship maybe a student studying for "excellent", or "good" and "excellent", or only "good".

Graduate student begins to receive a scholarship immediately after the rector signed the enrollment order. Further payments depend on the results of the annual assessment of knowledge (exams).

If a student or graduate student is very interested in educational and scientific activities and has achieved success in it, then he may be assigned increased scholarships. To do this, he needs to write an application to the dean's office and attach all the necessary documents to it.

Who is eligible to receive a scholarship?

The first scholarship is the most enjoyable moment for a student. Anyone who has entered the budget place, for day care. If a freshman is or, then he should also be paid a social stipend.

Withdrawal can occur after any failed session.

Payouts

At present, scholarships of various kinds (15 titles) are paid on the territory of the Russian Federation.

The amount of this monetary allowance is such that it is unlikely that the student brethren can rejoice at it very much.

Graduate students, residents, interns and doctoral students receive a little more, but it is still very far from what is necessary. True, if a student or graduate student does not have any other source of income, then he has the opportunity to receive some additional scholarship. The most successful manage to receive about 20 thousand rubles a month.

Minimum Scholarship a student in a university is 1571 rubles, in a vocational school - 856 rubles. Despite the not very modest amount, a student studying in a higher educational institution without “triples” can receive about 6 thousand rubles. And if the passing of the session showed “excellent” results, then you can think about higher scholarship , the size of which in different educational institutions varies from 5000 to 7000 rubles. A similar payment for a graduate student ranges from 11,000 to 14,000 rubles. True, in order to receive such substantial scholarships, a student or graduate student must not only shine with knowledge, but also show interest in the social and sports life of the university.

Scholarship increase in 2018-2019

The Ministry of Education last year raised the issue of increasing scholarships for all students studying in educational institutions of the Russian Federation. During the debates, representatives of the Ministry of Education of Russia planned to increase student payments in 2018 by 4.0% which will remain in effect until the end of 2019.

During the first half of this year, it is planned to index scholarships by 6.0% (of inflation) for the 2017-2018 academic year. As a result, payments to students will be increased once again.

Scholarships for 2018-2019 academic years will increase in the following way:

for 62 rubles. for university students;
for 34 rubles. for students of technical schools;
for 34 rubles. for college students.

Features and amount of social scholarship

Receive Social scholarship is entitled to:

In addition, for social scholarship a student who has a certificate in his hands stating that the income of his family does not reach the amount established at the place of his registration can apply. This document must be updated annually.

The social scholarship is stopped if the student has unsatisfactory grades and is restored as soon as he has passed the necessary subjects from the moment the payment was suspended.

Along with a social scholarship, a student has the right to receive an academic one, on a general basis.

The procedure for accrual and payment of presidential and government scholarships

Presidential scholarship can be received by all students who have chosen specialties that are considered a priority for the country's economy. Postgraduate students studying in the Russian Federation can count on receiving only 300 scholarships. The appointment is made annually for a period of 1 to 3 years.

Students who achieve success and special merit may also receive a presidential supplement. The accrual of such a scholarship requires the development of a list of areas in which the development of students will ultimately turn out to be of significant benefit to the state.

Primary requirements to receive a presidential supplement:

day department;
half of the subjects within 2 semesters must be passed on "excellent";
active scientific activity, which led to the achievement of success, confirmed by diplomas or certificates;
development of innovative inventions or derivation of theories, information about which was published in any Russian publication.

student who deserves presidential scholarship, has the right to do an internship in Germany, France or Sweden.

A student of a state educational institution of higher and secondary education can also count on receiving government scholarship. To do this, the pedagogical council of the institution must nominate several candidates (full-time department, budgetary basis), students in the 2nd year (for the SUZ) and the 3rd year (for the university). A postgraduate student can be admitted to the competition not earlier than from the 2nd year.

The nominated candidate must meet the following requirements:

high level of achievement;
publication in a scientific journal;
participation or victory in any competition, festival or conference held at the All-Russian and international level;
participation in a grant, all-Russian and regional scientific exhibition;
the presence of a patent attesting to the authorship of a scientific discovery.

Other student aids

The occurrence of certain circumstances may result in payment to a student or graduate student lump sum, for example, if it has . To do this, the head of the educational institution must receive an application from the student, and the group in which he studies, and the student trade union organization must approve it.

A graduate student annually receives an allowance equal to 2 scholarships for the purchase of textbooks. An orphan student or one left without parental care receives an annual allowance for the same needs in the amount of 3 scholarships.

In addition, students are given various compensation:

per successful learning at the full-time department at the expense of budgetary funds;
academic leave in accordance with medical indications.

Changes for 2018-2019

What categories of students are eligible for scholarships	Scholarship per year
	2017-2018	2018-2019
Minimum scholarship (academic)
college students	856	890
College students	856	890
University students	1571	1633
Social scholarships
college students	856	890
College students	856	890
University students	2358	2452
Scholarship, which is paid to residents, assistant trainees, graduate students	3000	3120
Scholarship, which is paid to graduate students working in the natural sciences and in technical areas	7400	7696

For another type of scholarship for distinguished students, see the following video:

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

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 can 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 convictions, membership or non-affiliation to public associations, as well as from other circumstances not related to the professional qualities of the employee. The right to work can only be limited 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 of 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