When an employee decides to get an education or improve his qualifications in the process of work, he enters the educational institution. Moreover, he needs to combine the labor process and training. One of the means to achieve this goal is to submit an application for the session to the employer according to the model established in the organization. With it, the employee notifies the manager of the need to leave for study leave.
Legal provisions
The rights of working students and other norms relating to the combination of work and study are enshrined in the twenty-sixth chapter of the Russian Labor Code. It doesn’t matter if the employee voluntarily went to study or the employer sent him.
According to legal legislative norms, this period of time is paid by the head of the organization or is issued as a vacation during which average earnings are not saved. If an employee is studying full-time, he needs to take a weekend at his own expense. If he receives full-time or part-time education, he is entitled to study leave, which is formalized by submitting an application for the session to the employer, a sample of which the employee is provided at the enterprise.
If an employee is educated in the direction of the employer, his studies must be paid regardless of whether he is studying in person or in absentia.
There are a number of nuances in the presence of which the employer has the right to refuse to grant the employee leave and pay for it. According to the provisions of the first part of Article 286 of the Labor Code, an employee is entitled to a paid combination of work and education only if he is the main employee.
The specified article determines that if the employee is a part-time employee, the enterprise should provide the employee with paid annual leave only at the same time that he is provided at the main place of employment. The Labor Code does not contain any notes regarding study leave at an additional job.
Document for the provision of study leave for the Labor Code of the Russian Federation
Many working citizens are interested in whether the employer is obliged or not obliged to provide rest days for the employee to attend the session. In addition, an important question is: is the study leave paid or not?
To declare an exit to the session, the employee must submit an application for the granting of study leave to the employer. The basis for writing the paper is a reference call from an educational institution.
If the employee has submitted this document to the employer, according to the norms of the twenty-sixth chapter of the Labor Code, he must be granted study leave. At the same time, the time allocated for training should not be a substitute for annual paid rest.
If an employee is trained in several educational institutions, he is entitled to receive vacation money for only one of them.
Granting study leave to an employee with payment is carried out only if the employee meets the following requirements:
- He studies at an educational institution with state accreditation.
- Higher professional education received by an employee is the first.
- The employee is successfully trained and admitted to further semester and final sessions.
If any of the above conditions is not met, but under the provisions of Article 173 of the Labor Code of the Russian Federation, the collective agreement provides for the right to receive an education with a separation from work, the employer will be obliged to provide the employee with appropriate leave.
Package of documents for exit to the session
The application submitted to the employer on the basis of Article 173 of the Labor Code of the Russian Federation is accompanied by the following package of documents:
- a copy of the license and the document on state accreditation of the educational institution, certified accordingly;
- help call. The document consists of two parts: the basis that remains with the student, leaving for the session, and confirmation, where a mark is placed on the successful completion of the session and passing all the standards.
The reference letter attached to the leave application for the session should contain the following information:
- A reference to the norms of the Labor Code.
- Name of educational institution.
- Name, surname, patronymic of the student.
- Type of educational control.
- University accreditation level.
- The day the session begins and its duration.
- Course number.
The basis for the provision of leave
How to write an application for a session at work? A statement from the employee about his intention to leave the session for work is a mandatory document for the provision of study leave. It expresses the intention of the employee to interrupt work for a while and engage in education, and is also the basis for arranging leave for the period of study.
On the document signed by the employee, the manager marks his consent to release him on vacation with payment for this period of time. If there is only a reference call, the employee can not arrange a study leave. The document that the employee submits to the employer along with the application is only additional evidence that he went to study.
An application for study leave under the Labor Code of the Russian Federation is the only basis for the preparation and publication of the relevant order in the organization. The order may be fixed in free form. Moreover, it should reflect information on the reason and period of absence of the employee, as well as on the mandatory payment of this period.
Application Transfer Options
In order for an employee to be released on study leave to attend classes and pass exams, he must submit an application to the supervisor. There are four ways to do this:
- through the personnel department with a mark on his admission;
- give to the head personally;
- send by registered mail with a description of the attachment and a receipt of receipt;
- give through a representative by proxy.
When using any of these methods, the main thing is to have in your hands a confirmation that the employer has received the document (mark on the document or written confirmation).
Application deadlines
To exercise the right to study leave, a working student must notify the employer of the passage of the session by submitting an application. Legislation does not establish for what period of time an employee must notify the authorities about the start of training.
In theory, this can be done one day before the start of the vacation. But in practice it is advised to do this no less than three days before leaving for study. This is due to the fact that, according to the rules of law, accounting is obligated to settle accounts with an employee on vacation three days before the start of the vacation.
Thus, observing the three-day period will help the employer to find a substitute for the employee’s vacation period (if necessary), and also will not violate the laws regarding the terms of vacation pay.
The most convenient and beneficial period for all parties is four or five days before the day you leave for the session. If the employee notified management one day before the start of the vacation, the employer will be forced to let him go. At the same time, if during the inspection a violation of the terms for transferring the vacation pay amount is found, the employer will face a fine (from ten to twenty thousand to the head of the company, and from thirty to fifty thousand rubles to the organization).
Some employers prescribe the terms for notifying the employer about employees leaving on study leave in a collective agreement. In this case, the employee will be required to comply with the deadlines.
How to write an application for a session to an employer
The main feature of notifying the employer about going on vacation for the session is that this must be done in writing. Verbal notification has no legal effect.
The form of the document is arbitrary. In this case, the application should contain the following data:
- The name of the employing organization and the name of the head (indicating the position).
- Name, surname, patronymic and position of the employee.
- Document's name.
- The content of the statement.
- The list of attached documents.
- The date and signature of the employee.
The content of the document must indicate the need to provide study leave for training within the time period specified in the reference call. The name of the educational institution should also be indicated there. In addition, it is necessary to clarify what type of vacation the employee asks for (paid or vacation, in which the average earnings are not saved).
Application for study paid leave
You can write an application for the session to the employer (sample below) to provide both paid leave and leave without pay. To understand cases when an employee is not entitled to paid rest for training at an educational institution, it is necessary to study the norms of the Labor Code.
According to the provisions of the twenty-sixth chapter of the Labor Code, the preservation of average wages takes place in the following cases:
- the employee is studying in extramural or part-time form;
- the employee is trained in an educational institution with state accreditation;
- higher or secondary vocational education received by the employee is the first;
- the employee is successfully trained and admitted to further semester and final sessions.
If a member of the labor collective meets all the specified requirements, he is entitled to receive vacation days with payment for the time of absence. In cases where any of the points are not respected, but they are allowed by the rules of the collective agreement, the employee must also be given leave for training.
If at least one of the provisions of the twenty-sixth chapter is not executed and is not reflected in the collective agreement, the employee has the right to apply only for vacation, during which the average earnings are not saved.
Application for vacation at your own expense
You can write an application for the session to the employer according to the model given below, not only for paid leave, but also for the provision of vacation days, in which the average earnings are not saved.
The following cases of employee education are not subject to payment:
- Full-time training.
- Education in a private educational institution.
- The need to obtain leave for passing the entrance examination tests for admission to the university or colleges.
- Getting a second or third secondary or higher education.
- Submission of certification work upon completion of the preparatory stages of training.
Each employee must understand that in the process of working throughout his life and for career growth, he will constantly have to learn something somewhere. Therefore, it is not recommended to constantly rely on the payment of the entire training process and to require this in each application for study leave.
If an employee wants to receive a salary during the training period, he must indicate when passing the application for the session with a reference call that the exams and attendance of classes will be carried out without interruption from the work process.
Also, the employee must indicate in the document the working days on which he will be absent. In this case, the employer will have to pay the employee the salary due to him for the time worked, and for the remaining days - the average monthly salary.
Errors in the preparation of the application
There are four common mistakes that employees make when applying for study paid leave:
- the first mistake is the late submission of a certificate-call or the absence of the specified document when applying for study leave - the student did not receive this paper in the educational institution, either he does not know the rules for providing a period of rest for study, or he has at least one academic debt (in as a result of this, he loses the right to receive average earnings for the sessional period);
- the second mistake is to submit an application after the training session has begun. To accept such a document by management, an employee must justify this delay by providing a sufficient amount of evidence confirming the validity of the reason for missing the deadline. In this case, the employer will pay only the remaining period of vacation of the employee;
- drawing up an application for unpaid leave for further re-registration for study. Neither the management nor the human resources department will do this;
- the absence in the application of the details specified in the reference call. If such a violation is allowed, if this certificate is lost, its presence will be impossible to prove.
If a trained employee meets all the criteria listed in the article, this will allow him to get a paid study leave, and not one in which the average earnings are not saved.