Many people who are officially working citizens prefer to continue their studies in various specialties. They want to find a higher-paying job in the future, or their main goal is continuing education. In any case, they need to arrange study leave at the place of work for passing the examination session or entering the university. The employer cannot refuse to issue such a vacation. Payment of study leave is competently calculated based on the average earnings of an employee in the company.
When is a vacation required?
Employers should not create obstacles for their employees in the process of obtaining education, therefore, citizens have the right to enroll in distance learning in different educational institutions. In this case, study leave is provided. Payment and execution of this period is based on Art. 177 shopping mall. The main conditions for providing this period of rest include:
- the company to which the citizen applies for leave is the main place of work of the specialist;
- the employee has a special certificate-call received from the educational institution, and it must be compiled in a special approved form;
- the employee should receive education solely on the basis of a program that has passed state accreditation, which is certainly indicated in the certificate of call;
- the employee must receive a specific education for the first time.
If a citizen already has a higher education, but he wants to get a diploma in another specialty, then he will not be able to count on the design and payment of study leave. For him, the only option is the use of evening training, which will not become an obstacle to work.
Types of training
When making a vacation, it is important to consider what kind of education an employee receives in an educational institution. To do this, select one of the following options:
- basic general or secondary education consisting in attending a school or gymnasium;
- secondary vocational, offered by various technical schools, colleges or schools;
- higher professional, on the basis of which a citizen enters undergraduate or graduate school, receives a specialty or studies in graduate school.
Often citizens are interested in a second higher education. Payment of study leave in this case is not offered, and the employer has the right to refuse to arrange a vacation period.
Conditions for registration
The provision and payment of study leave is made only if the following requirements are met:
- a citizen receives a specific level of education for the first time, but a second higher education is allowed if the direct employer sends the specialist to study, and such a condition is certainly fixed in the employment contract;
- training is successful;
- leave is requested for exams or diploma protection;
- The program selected by the citizen has passed state accreditation.
If at least one of the above conditions is not satisfied, then the employer has the right to refuse to issue this type of vacation to the employee.
Other nuances
Payment of study leave under the Labor Code is assigned only when certain requirements and nuances are taken into account. Features of education by a working citizen include:
- the employee can choose any form of training, but payment is offered only when choosing the correspondence method;
- the employer is obliged to provide paid leave in full if this is provided for by law or by the content of the collective agreement;
- if an employee wants to study at once in several educational institutions, then compensation and guarantees can only be received for one institution;
- exclusively accredited educational organizations are selected, unless otherwise provided by the collective labor agreement;
- as the basis for issuing the order, the head acts as a special certificate-call, drawn up in the name of the student’s employer;
- it is the provisions of the TC that determine the optimal duration of the period.
If a citizen works part-time, then he is assigned to pay study leave exclusively at the main place of employment. At the same time, vacation is offered at another place of work without payment.
Payment Rules
Payment of study leave under the Labor Code should be subject to certain rules. Funds are transferred three days before the immediate start of the session or exams. It is allowed to coincide the transfer of funds to the nearest date when the company transfers funds in the form of a salary or an advance to employees.
The features of payment of study leave to correspondence students or full-time students include:
- in the first year, only 40 days are provided for passing the intermediate exams, and 50 days are drawn up over the next years;
- if the employee is writing a diploma or bachelor's work, and also passes state exams or defends his thesis, then his leave is extended to four months;
- payment for this period assumes that earnings of 50% are retained if the employee is transferred to a shorter working week for a period of up to 10 months in full-time training;
- graduate students can count on extra time for study, so they are offered 30 days;
- it is allowed to use the unique opportunity to free one day a week, moreover, it is paid in the amount of ½ of the average citizen's earnings;
- if 2 days off are issued weekly, then they are not paid by the employer.
According to the Labor Code, it is not allowed to pay any funds when an employee receives a second higher education. The only exception is when payment is provided for in a collective or individual employment contract. Additionally, no payment is assigned if the employee attends different courses or passes entrance exams within 15 days or a longer period.
Calculation Example
Calculation of payment of study leave is made by an employee of the accounting department of the company. The procedure is considered quite simple. To do this, take into account what is the average monthly income of a citizen in a company.
For example, a man receives 260 thousand rubles a year in a company. Monthly earnings equal to: 260,000 / 12 = 21,666 rubles. Next, earnings for one day are determined, for which the obtained value is divided by the average number of days per month: 21666 / 29.3 = 739 rubles.
It is revealed how many days are required for training, for which it is necessary to study the contents of the help-call. For example, you must provide vacation for 21 days. In this case, payment of study leave to external students is equal to: 21 * 739 = 15519 rubles.
The employee can do the calculation on his own to make sure that the employer is correctly charging.
Is the fare paid?
If the training program is mastered by a citizen successfully, then he may require the employer to pay for travel on study leave. This is necessary if the educational institution is located in another city, so a citizen has to spend a large amount of money on travel.
If the employee receives a higher education, then the fare is paid by the employer in full.If the employee receives secondary specialized education, then compensation is paid in the amount of 50%.
How is it made out?
Payment of study leave in a magistracy, graduate school or in other areas is carried out only with the competent registration of training. To do this, the correct sequence of actions is performed:
- the employer from the educational institution sent a reference call;
- the statement is drawn up correctly by the employee;
- on the basis of these documents, the relevant order is issued by the head of the company;
- payout calculation;
- funds are transferred, after which the employee does not come to work on the appointed day, as he is engaged in obtaining education for a limited period of time.
Each stage has its own characteristics. The ability to pay study leave to correspondence students depends on the correctness of these steps.
Application Rules
The employee must independently apply for study leave. You can compose it by hand or using a computer. The following data must be entered in this document:
- the name of the company in which the citizen works as a full-time employee;
- position and full name of the head of the company;
- information about the employee represented by the student;
- name of the document being the statement;
- the requesting part contains a direct request for paid leave for training;
- a link to the received certificate-call from the educational institution is left;
- the date of the statement is set;
- the document is signed by the applicant.
This document is transmitted before the start of training. Additionally, a help-call is sent to the employee’s name.
What information is contained in the help call?
This document is compiled by the direct representative of the educational institution. It includes the following data:
- name of educational organization;
- personal information about the employee who is a student of the institution;
- the specialty in which a citizen is educated is indicated, and it is additionally prescribed whether she has passed state accreditation;
- information is provided about when exactly it is required to take a vacation so that the employee can pass the examination session or perform other actions;
- the document is signed by the rector of the organization, and the seal of this institution is also put.
A reference letter is compiled exclusively in the name of the head of the company.
Rules for issuing an order
According to the Labor Code of the Russian Federation, study leave is paid only with competent documentation of this period. For this, the head of the company issues an order. It contains information:
- date of formation;
- name of the company and full name of the head of the enterprise;
- information is provided on the direct employee for whom the vacation is being issued;
- links to the application and reference call are left;
- indicates the period during which the specialist will be absent from work;
- Signed and stamped organization.
Additionally, what is the payment of study leave. The second higher will be paid by the employer only if the head of the company independently sends a hired specialist to train.
The second part of the certificate-call is transferred to the head of the enterprise after the training period. It serves as evidence that a particular citizen has successfully passed the exams.
Be sure to pre-pay the vacation pay. Duration of training may vary significantly depending on the educational institution and the course of study.
Does study leave pay for full-time study?
Based on Art. 173 the employer pays for this period only on the condition that the employee is studying in absentia or in the evening.For this, the average citizen earnings in the company are taken into account, as well as the number of days contained in the reference call.
If the employee still decides to receive full-time education, then he can only rely on unpaid leave. Even travel to the place of training is not paid at the expense of the head of the company.
Can I take part in vacation?
Based on the TC, people who are forced to combine official work with training can rely on numerous guarantees offered by both the employer and the state.
The employee independently decides whether he will use the proposed rest period or if he only needs a few days. Rest days are provided on the basis of an application submitted by a company employee. The basis for this is the help-call. The immediate employee can take the session ahead of schedule, after which it is possible to return to work. In this case, when preparing the application, it is necessary to indicate a smaller number of days than that which is prescribed in the help-call.
The remaining period of time should be used to perform labor duties in the company, and not on vacation. The legislation does not contain any prohibitions on such actions. Payment is based on the number of days indicated in the application. The rest of the time is paid in the standard way.
Is it possible to combine study leave with the main?
Each person working officially in a company can count annually for a long rest period of 28 days. Usually, the rest period is determined at the beginning of the year, when the company compiles a vacation schedule. If the two vacations coincide, then the main period is postponed to the future, for which it is necessary to obtain consent in advance for this process from the employee.
Based on Art. 124 TC transfer of the main rest can be carried out in coincidence with the period of study. Often it is transferred in such a way that it begins immediately after the end of the employee’s training. In this case, a long period of time is provided during which the specialist is absent from work.
What to do if the employer refuses to pay the vacation?
Payment of study leave under the Labor Law is the responsibility of the employer, so he cannot refuse it. Otherwise, the employee may write a complaint to the labor inspectorate or prosecutor's office. Additionally, moral compensation through the courts may be sought.
Employees must file a complaint with government agencies within three months of the violation of their rights by the employer. If violations are found, the head of the company is held liable on the basis of the provisions of Art. 5.27 of the Code of Administrative Offenses. The amount of moral compensation may be different, since each situation is assessed by the court individually.
Conclusion
Study leave is granted to each employee who is undergoing training for the first time in correspondence form. The employer must understand the rules for registration and payment of this period. For this, the average earnings of a specialist and the information available in the help-call are taken into account.
If the head of the company for various reasons refuses to fulfill his duties, this becomes the basis for holding him accountable. To do this, the employee must independently file a complaint with the labor inspectorate or prosecutor's office.