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Art. 196 of the Labor Code of the Russian Federation: the rights and obligations of the employer to improve the educational level of workers

Art. 196 of the Labor Code of the Russian Federation establishes an additional obligation for the employer to provide conditions for employees of the organization. And to understand all the intricacies of this issue, we recommend that you study the following information.

st 196 tk rf

Types of training

The rights of the employer established by the article provide the opportunity to train employees of the organization at the expense of the initiator. So, if you need to increase the educational level of an employee or send him for retraining, then these actions are regulated by the relevant norm of labor legislation.

Art. 196 of the Labor Code of the Russian Federation allows for the training of workers in 2 forms: prof. education and prof. training. Each of the options presented has its own characteristics.

In the Federal Law "On Education" it is said that vocational training is a type of educational activity that aims to acquire a number of prof. knowledge, skills, abilities that make him a specialist in a particular field. One of the tasks of education is the formation of relevant competencies. Article 10 of the aforementioned legal acts shares the following types of education:

  • Secondary vocational).
  • Higher (bachelor).
  • Higher (specialist, master).
  • Higher (training of the highest qualification).

Professional education

The rights of the employer can also be realized by providing a different form of training. In Art. 2 of the Federal Law "On Education" it is indicated that the purpose of this type of educational activity is to form labor competencies, which in the future will be aimed at the implementation of official functions. In other regulatory documents, the term "vocational training" means the study of the theory that provides the opportunity to develop mastery of a technical or other professional nature. In addition, the passage of this type of training is aimed at performing the functions of support staff.

employer rights

Educational content

Art. 196 of the Labor Code of the Russian Federation determines the possibility of education by employees, and its content, in turn, is shown in Art. 12 of the Law on Learning.

First of all, any form of education should ensure the receipt of an appropriate level of qualification, namely, a certain level of theoretical base and practical training, thanks to which a citizen is able to perform labor functions in the corresponding specialty. In Russia, the education system implies several levels of qualification: in basic and additional programs.

About categories

The first category includes:

  • Training of specialists of the middle category;
  • Training of workers and employees.

The legislator classifies the second category:

  • Bachelors.
  • Specialists.
  • Masters.
  • Graduate students or adjuncts.
  • Ordinators.
  • Assistant trainees.

rights and obligations of the employer in the training and further professional education of employees

In accordance with the above programs, their implementation can only be carried out by an educational institution that has a license. That is why the rights and obligations of the employer in the training and further professional education of employees are realized through certain educational institutions. Each of them must be accredited. In addition, universities, as well as vocational schools can develop their own educational programs.

Dates for employee education

Art. 196 of the Labor Code of the Russian Federation speaks of the necessary conditions for obtaining education, which must be provided by the employer.In turn, this norm does not reflect a huge number of nuances, for example, the period of granting study leave or the duration of training and so on.

In practice, this issue is determined by the presence of a session. Each educational standard establishes its own term for obtaining a certain level of education. Accordingly, the vacation time is determined by the period of the session.

Areas of professional activity

Federal education programs available to employees are developed not only by levels, but also by areas of activity: professional or special. Professional training includes retraining of specialists, for example, in a correctional institution when transferring from the rear to the security department, an employee undergoes a mandatory retraining procedure.

st 196 tk rf comments

The second area of ​​activity is more interesting for Art. 196 of the Labor Code of the Russian Federation. The comments of various authors suggest that education aimed at improving the level of qualification is becoming increasingly popular. In this way, an employee of a company or manufacturing enterprise can enhance professional skills. The difference between this type of activity is that it teaches the theory that will be useful in practical activities, and this situation is in the hands of many: to the employer to increase the prestige of the company, to the employee - additional qualifications in life.


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