Author: Ivan Ivanov
The legislation of the Russian Federation does not prohibit combining work and study, but in some cases difficulties may arise - for example, the session period may last some time. Sometimes it is impossible to combine a session with work, because the university may be located in another city or it is necessary to attend review lectures before exams. For this purpose, the Labor Code provides for the rules for going on study leave, as well as the necessary list of documents for its preparation - a certificate calling for a session is one of them.
The problem with sending to a session - does everything depend on the boss?
Conscientious and responsible bosses, as a rule, are themselves interested in sending a student for training. Indeed, in this case, as a result, they will receive a more trained, educated and versatile employee who will be able to work better and more efficiently.
However, if you are unlucky with management, there is a danger of encountering a situation in which the boss refuses to let his subordinate go to the session. You should be aware of your rights in such a case.
For an employee who is undergoing correspondence training, the organization is obliged to provide study leave for the entire duration of the session.
In situations where leave for the duration of the session is not provided for reasons beyond the employee’s control, there is no need to despair. This does not mean that you will have to make difficult choices when deciding whether to quit school or work. There are completely legal and effective methods on how to solve the problem, keep your job and still go to school.
The manager does not have the right to prohibit a student from receiving an education - this point is regulated by Article 173 of the Labor Code of Russia: students of part-time and full-time (evening) forms of education who combine study at a university with work and are successfully studying (without debts) have the right to additional study leave with preservation of wages on the basis of a summons certificate from an educational institution
Purpose of the form
The summons certificate allows you to confirm your right to a weekend to take a session, state exams, diploma or dissertation work.
Also, a certificate issued in accordance with all standards indicates the success of the educational process.
This form serves as the main document on the basis of which all other documentation related to the registration of study leave is drawn up.
Important! Failure to call does not give the employee the opportunity to apply for time off for study, and therefore should promptly contact the dean’s office of the educational institution to obtain it.
Reasons for obtaining study leave for a part-time student
Since the provision of study leave to an employee is enshrined in the Labor Code, any employer is obliged to do this, regardless of the form of ownership of the enterprise. Private companies are required to provide study leave in the same way as state-owned enterprises.
There are two conditions under which the employer does not have the right to refuse to grant his employee study leave for the session:
- The employee must receive his first higher education.
- The employee is studying at a public or private university that has official state accreditation.
Sample certificate
Each educational organization must use a single form of certificate-call, which is described in the relevant Order of the Ministry of Education and Science of the Russian Federation.
To correctly draw up the document, you must fill out information on all required items:
- Details – document number, date of its execution.
- The name of the employer is indicated according to the student himself (if necessary, the company provides the appropriate certificate). If the employer is a private person, you must enter his full name.
- Justification for granting additional leave - this refers to a specific article of the Labor Code, according to which the student must be released from work for some time (the full list of articles is given below).
- Form and course of study (any employee has the right to leave, including those studying by correspondence, at a commercial university, etc.).
- Type of certification due to which the employee will be absent from work (current exams - session, entrance exams, certification, etc.).
- The start and end date of leave, as well as the total number of calendar days that the employee will need.
- Full name of the educational organization.
- Data on the accreditation of the institution - details of the certificate, as well as the name of the program, direction, etc. This field is not filled in in the following cases:
- the program is not accredited (then the employer decides whether to provide leave or not);
- the employee takes exams for admission;
- The employee is undergoing training courses to obtain higher qualifications.
- Full name, position, signature of the manager or his deputy who has the right to sign.
- Seal of the institution.
A certificate issued in accordance with these rules looks like this.
All the above information is filled out in the main part of the certificate. However, the document also has a detachable fragment - a “spine”, which is filled out at the end of the session or other events in which the student took part. This part indicates:
- Full name of the student;
- full name of the educational organization (written in the prepositional case);
- dates during which the student took the session: it is important to indicate the actual dates, which sometimes may differ from the originally planned dates;
- Full name and signature of the head of the educational organization;
- seal of the institution.
Both the main part and the detachable part remain for storage with the employer. At his request, the employee can make copies of this document or ask for the certificate to be issued in 2 original copies (if he works part-time at 2 jobs).
Determining the duration and payment of study leave
Is it possible to provide an employee with paid study leave? It is stated in the official employment contract. It occurs at the time an employee is registered for work.
The duration of the vacation ranges from 40 to 50 days. In practice, it is determined by the actual duration of the session. If fewer days are needed, then this circumstance, as a rule, can be agreed with the employer without any problems.
It cannot take more than 50 days to pass the session. As soon as the student has a schedule for the correspondence session, you can adjust the duration of the study leave, taking into account all the nuances.
Separate study leave is provided for practical training in the chosen specialty, passing state exams, preparing and writing a thesis. This leave is issued for a period of four months.
Other Important Points
What other rights and benefits are available to those who are studying by correspondence? Labor Code of the Russian Federation in Art. 173 guarantees:
- Before the final assessment, an employee has the right to ask for a shorter working week. The time spent performing professional duties can be reduced to 7 hours a day. This will last up to 10 months before the exam.
- During the reduction in working hours, the employee will receive 50% of his earnings, but not less than the established minimum.
- By agreement, the student can receive 1 free day per week instead of reducing working hours by an hour.
- Once a year, the company in which the student works must pay for his round trip travel.
Payment and compensation
Leave during the session is additional. They cannot replace annual tariff leave.
For employees studying at state universities/secondary colleges, or private ones with state accreditation, the employer provides:
- payment of 50% of the basic salary for the duration of the session;
- payment for the student's travel to the place of study (in both directions).
Guarantees and compensation for students in educational institutions without accreditation are established by a collective or labor agreement.
Application submission options
In order for an employee to be allowed on study leave to attend classes and take exams, he must submit a corresponding application to the manager. You can do this in four ways:
- through the HR department with a mark indicating its acceptance;
- give to the manager personally;
- send by registered mail with a list of the contents and notification of delivery;
- give through a representative by proxy.
When using any of these methods, the main thing is to have confirmation that the employer has received the document (a mark on the document or written confirmation).
Obtaining a summons certificate for official registration of leave for the duration of the session
The official basis for granting an employee study leave is a certificate calling for a session. Until it is completed and received by the employee, the employer has no legal basis to grant leave to the employee during the session.
A student can obtain a certificate from the dean’s office of his university. It is issued one month before the start of the next session. If a student lives in another city or region, there is no need to personally come for a certificate. It can be sent by email.
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If a student is studying at two higher educational institutions at the same time, there is no point in taking certificates from both universities. He will be able to use the right to study leave only in relation to one of them of his choice.
The summons certificate also has a detachable part, which the student employee presents to the employer upon returning from study leave to confirm that he actually studied. It indicates the student’s data, the name of the university and the period of study. All this is confirmed by the signature of an authorized person and the seal of the educational institution.
Finding a compromise
If an employer categorically refuses to provide a student with study leave, it is recommended to start by finding a compromise. As a rule, the reason is not tyranny, but some specific reason. This is often a busy workload where your study leave leaves each employee with even more responsibilities.
It is easier to agree when the student lives and works in the same city where he studies. You can adjust your schedule so that you spend most of your time studying and the rest on work. That is, the student reserves the performance of some work responsibilities.
In any case, you need to have an honest and frank conversation with your boss to find out what the reasons for this behavior are, and you need to take any measures to try to resolve the issue in an amicable way. There is no point in spoiling relations with management ahead of time.
Terms of service
In order for a student to be released from work to take the exam, the following requirements must be met:
- The employee receives a diploma for the first time.
That is, in the case when a citizen has graduated from an educational institution and wants to learn a new profession there, the person will not be provided with guarantees from the state. IMPORTANT! This rule does not apply if the boss sends you to advanced training courses, according to the employment contract. - When a subordinate works in two places at the same time, leave is provided only in one organization.
- The higher education institution has the appropriate permission.
- The duration of leave for training is specified in the contract.
- This type of holiday can only be obtained if there is a call.
REMEMBER that such a vacation cannot coincide with other types. In case of accidental combination, the main type of day off should be interrupted and postponed.
Contacting the labor inspectorate
If persuasion does not lead to a positive result, the employer categorically refuses to meet the subordinate halfway; more effective measures must be taken. One of the most effective and efficient ways is to officially contact the labor inspectorate.
This is a government body that is obliged to deal with all cases of violation of employee rights. He always acts on the side of his subordinate; if necessary, his representatives provide not only consulting assistance, but also help in drawing up official appeals to supervisory authorities, for example, to the prosecutor's office, and to the courts.
After the intervention of the labor inspectorate, as a rule, study leave is granted to the employee without any additional difficulties. However, you need to remember and be aware that in such a situation the relationship with the employer will be severely and completely damaged.
What to pay attention to when applying
There are no special requirements for both the descriptive part of the application and its design: it can be written by hand (with a ballpoint pen of any dark color) or printed on a computer. For the application, you can use an ordinary blank sheet of paper or the organization’s letterhead (if so required by the employer).
The only rule that must be followed unconditionally: the presence of a “live” signature of the applicant (the use of facsimile autographs, i.e. printed in any way, is unacceptable).
The document must be written in two copies :
- one should be given to the secretary of the organization or a personnel specialist for subsequent affixing of the director’s resolution on it,
- keep the second one, having first endorsed the receipt of a copy from the employer’s representative.
Is it possible to leave for a session without permission?
If you don’t have time to wait for the inspector’s decision, and even more so, the court’s decision, and the boss is stubborn and won’t sign the leave application, it’s quite acceptable to just take it and leave for the session. They have no right to fire a student for absenteeism during a session, and after returning, too.
In judicial practice, there are cases when the court acquitted the student and did not consider unauthorized departure for exams as a violation. On the contrary, the violator of the law in such a situation is the employer who deprived the employee of the legal right to sessional leave.
Order for additional leave
After the employee has brought the certificate and written a statement, the boss draws up an order. This document can be drawn up in any form or filled out in form No. T-6 approved by law.
There should be the following points:
- Order number.
- Date of preparation.
- Assigned employee number.
- Last name, initials of the employee and his position.
- On what days will a person not be present at the service?
- Total days missed.
- Reason for absence.
- Basis of the order. This will be the call certificate.
At the end of the document, the manager signs and introduces the employee’s order.
IMPORTANT! The Labor Code of the Russian Federation does not have the concept of study leave, so the order states “additional leave with preservation of average earnings (study leave).”
Sample order for study leave:
Important nuances
We should not forget about the features of educational leave:
- If an illness occurs during student leave, its duration does not increase. After all, it is intended for specific purposes and for a specific time period indicated in the summons certificate. Thus, no benefits are paid for temporary disability during study leave. When a subordinate continues to be ill after completing additional leave, benefits are assigned from the next day on which the student leave was completed.
- Apprentice guarantees are not reduced due to the production needs of the enterprise. The employer cannot reduce the leave indicated in the certificate of the educational institution. An exception is the personal desire of the employee, expressed in a written request to reduce vacation. The head of the organization cannot deny additional days off to his specialist (if there is a summons certificate).
- The subordinate does not recall from student leave. Otherwise, the duration of the rest changes.
- Replacing rest time with monetary compensation is unacceptable. This contradicts the purpose of the guarantee.
The summons certificate is a mandatory and basic document that allows an employee to apply for student days off.
You can declare your right only if the document is properly executed using an up-to-date form with all fields filled out completely.
It is recommended to submit the certificate to the employer in advance so that he has time to prepare for the employee’s absence, complete the necessary documentation and pay for vacation days for study.
