Sample in-service apprenticeship agreement. Basic provisions of the Labor Code of the Russian Federation regarding the student agreement. Duration of the contract

21.09.2019

E.N. Bokareva, Leading Legal Advisor
E.A. Dbar, Leading Legal Advisor
A.E. Yalushkin, Legal Advisor
A.I. Sotov, Partner MKA
A.S. Ermolenko, Head of Corporate Practice"FBK-Pravo"

Personal income tax and insurance contributions to the Federal Social Insurance Fund of Russia, the Pension Fund of Russia, the TFOMS and the FFOMS

Personal income tax

In accordance with paragraph 1 of Art. 209 of the Tax Code of the Russian Federation, the object of personal income tax is income received by the taxpayer from sources in the Russian Federation and (or) abroad - for individuals who are tax residents Russian Federation. At the same time, according to paragraph 1 of Art. 210 of the Tax Code of the Russian Federation when determining the tax base are taken into account all taxpayer income received by him both in cash and in kind or the right to dispose of which he has acquired.

Article 217 of the Tax Code of the Russian Federation, which establishes a list of income exempt from personal income tax, does not specify payments to students under a student agreement. Consequently, scholarship amounts and practical training fees transferred to students are subject to personal income tax. This point of view is also shared by the regulatory authorities (see letters of the Ministry of Finance of Russia dated May 7, 2008 No. 03-04-06-01/123, dated August 24, 2007 No. 03-04-06-02/164, Federal Tax Service of Russia for Moscow dated December 26, 2006 No. 28-10/114805).

We note that in accordance with paragraph 3 of Art. 217 of the Tax Code of the Russian Federation exempts from taxation all types of compensation payments established by the current legislation of the Russian Federation, legislative acts of the constituent entities of the Federation, decisions of representative bodies of local self-government, related to the taxpayer’s performance of labor duties. But since potential employers do not enter into an employment contract with students, there is no reason to classify a stipend and payment for practical training as these compensation payments.

Insurance premiums

It was previously noted that all payments under student contracts - scholarships and payments for practical training - are not subject to insurance contributions. However, in the situation under consideration, payments under employment contracts that were concluded with employees at the second stage of training create an object of taxation.

Probability of retraining a student contract into an employment contract

Provided that the apprenticeship agreement is properly executed, as well as strict compliance with the actual relationship between the student and the employer (the subject and content must exactly comply with Chapter 32 of the Labor Code of the Russian Federation), the likelihood of reclassification of the agreement by the regulatory authorities into a labor agreement can be assessed as low.

However, it should be borne in mind that in addition to the correct wording of the text of the agreement, the taxpayer must comply with the requirements for the execution of related documentation. Thus, under an apprenticeship contract, the employer does not issue an order for employment, does not start work book, and removing a student from practical classes does not constitute dismissal.

As already noted, a student who, at the end of the apprenticeship, without good reason, does not fulfill his obligations under the contract, including does not start work, must, at the request of the employer, return to him the scholarship received during the apprenticeship (Article 207 of the Labor Code of the Russian Federation). If a student refuses to return the scholarship received, this does not call into question the validity of previously made payments, since they were made in full accordance with the concluded agreement. At the same time, as can be seen from Art. 207 of the Labor Code of the Russian Federation, the obligation to return the paid scholarship arises due to a violation of previously accepted conditions, and therefore this amount should be considered as a kind of sanction.

Accordingly, if a student does not work the allotted time, then the organization must reflect in its records the right to claim against the person for the amount of the scholarship paid. If this amount is recognized by the student, it will need to be included in non-operating income according to the rules of Art. 271 Tax Code of the Russian Federation. If it is not possible to collect the debt, then after the expiration of the statute of limitations, the amount of the debt must be written off on the basis of subclause. 2 p. 2 art. 265 Tax Code of the Russian Federation.

It should be noted that the taxpayer conducts training for potential employees within a reasonable period of time (two months), and the need for training is determined by the specifics of their job responsibilities in the field retail sales(communication with customers, handling goods, working with the cash register). At the same time, in our opinion, there should be no analogy in the nature and scope of functions performed during working hours between “apprentice workers” and the actual employees of the organization performing labor function in the same profession, in the same position and with the same qualifications.

All of the above circumstances reduce the risk of possible retraining, and in the event of a conflict, increase the likelihood of a positive outcome of the dispute with the government agency.

The degree of risk of recognizing a scholarship as a salary

In the situation under consideration, the work performed by the student during practical classes is paid at established rates. The amount of the scholarship paid during the apprenticeship period is determined by the apprenticeship contract and depends on the profession, specialty, qualification received, but cannot be lower than the minimum wage established by federal law (Article 204 of the Labor Code of the Russian Federation).

Thus, payments under an apprenticeship contract, firstly, depend on the profession and qualifications acquired, and secondly, they are made at the rates established by the potential employer. The legislation does not establish mandatory requirements so that the stipend paid to students differs from the salary.

Since, provided that the student contract is properly executed, the risk of its reclassification into a labor contract is, in our opinion, low, the risk of the scholarship being reclassified into wages under such a contract is also low. At the same time, we believe that the coincidence of the amount of payment and the scope of functions performed in in this case will be an argument in favor of reclassifying the student contract into an employment contract.

See, for example, letters of the Ministry of Finance of Russia dated May 7, 2008 No. 03-04-06-01/123, dated June 28, 2007 No. 03-04-07-02/31.

See, in particular, Resolutions of the Ninth AAS dated December 15, 2008 No. 09AP-15498/2008-AK, FAS Moscow District dated April 1, 2009 No. KA-A40/2218-09.

As well as “personal selling” by employment contract.

Federal Law of July 24, 2009 No. 212-FZ “On insurance premiums in Pension fund of the Russian Federation, the Social Insurance Fund of the Russian Federation, the Federal Compulsory Medical Insurance Fund and territorial compulsory medical insurance funds.”

In accordance with paragraph 1 of Art. 236 of the Tax Code of the Russian Federation, the object of UST taxation was payments and other remuneration accrued by taxpayers in favor of individuals under employment and civil law contracts, the subject of which is the performance of work, provision of services, as well as under copyright agreements.

Currently in force is Resolution of the Ministry of Labor of Russia dated December 31, 2002 No. 85 “On approval of lists of positions and work replaced or performed by employees with whom the employer can enter into written agreements on full individual or collective (team) financial liability, and also standard forms agreements on full financial liability."

STUDY AGREEMENT "____" ______________ 201__ N _____ Legal entity (full and abbreviated name according to the Charter is indicated) represented by ___________________________________________________________, (full name, position of the representative of the organization is indicated) acting on the basis of _________________________________________________, referred to in further Organization, on the one hand, and the job-seeking citizen ________________________________________________________________, (full name) hereinafter referred to as the Student, on the other hand, have entered into this student agreement as follows: 1. SUBJECT OF THE AGREEMENT 1.1. This student agreement is concluded for the vocational training of the Student for the purpose of acquiring a profession (specialty, qualification) ____________________________________________________________ (indicate a specific profession, specialty, qualification __________________________________________________________________________. in accordance with qualification reference books) 1.2. In pursuance of the terms of this Student Agreement, the Organization provides the Student with the necessary opportunities to learn the profession (specialty, qualification) _____________________________________________ ____________, and the Student undertakes to conscientiously fulfill the terms of this Agreement, to obtain knowledge and skills in the chosen profession (specialty, qualification). 1.3. Form of apprenticeship - _______________________________ (individual, team, course training, another form). 2. RESPONSIBILITIES OF THE STUDENT The student is obliged to: 2.1. Maintain production and academic discipline. 2.2. Be conscientious about studying your chosen profession (specialty, qualification). 2.3. Master the training program in volume established requirements to the level of theoretical knowledge and practical skills. 2.4. Follow the instructions of _____________________________ (a list of officials conducting the training process is indicated). 2.5. Comply with labor protection and safety requirements, fire safety, ___________________________________________________. 2.6. Treat equipment, tools, consumables and other property of the Organization with care. 2.7. In a timely manner, pass the test of knowledge acquired during the training process and pass qualifying exams provided by the curriculum. 2.8. Attend theoretical classes and perform practical work in accordance with the schedule (schedule). 2.9. Start work upon completion of vocational training and work under an employment contract with the Organization in accordance with the acquired profession (specialty, qualification) for ________________________________________ (specify the period). 3. RESPONSIBILITIES OF THE ORGANIZATION The organization is obliged to: 3.1 Provide the Student with the opportunity to obtain the profession (specialty, qualification) provided for in this Agreement. 3.2 Ensure that the Student receives instructions on labor safety issues _____________________________________________________________________. (list the necessary types of instructions) 3.3 During the training period, provide the Student with the necessary industrial (working) clothing and footwear, personal protective equipment: ___________________________________________________________________. (list the required personal protective equipment). 3.4 At the end of the apprenticeship period, organize a test of the knowledge acquired by the Student during the training period, the level of his professional training by conducting qualifying exams. 3.5 Subject to successful completion of the apprenticeship, enter into an employment contract with the Apprentice to perform work in the acquired _______________________ ______________ (profession, specialty, qualification) ___________________ ________________________________________________________________________________. (indicate profession, specialty, qualifications). 3.6. If an employment contract is concluded, no probation is imposed on the Apprentice. 4. TERM OF THE STUDY AGREEMENT 4.1. The validity period of this apprenticeship agreement is until the day of completion of the apprenticeship. 4.1. This student agreement comes into force on "___" ______ 201__. 4.2. The apprenticeship period for the Student to obtain the profession (specialty, qualification) specified in clause 1.1 of this Agreement is _________ __________________________________________________________________________. 4.3. The validity period of this apprenticeship agreement is until the end of the apprenticeship. 4.4. The validity of the student agreement is extended for the period of: - temporary incapacity for work of the Student, confirmed by a certificate of temporary incapacity for work; - undergoing military training; - in other cases provided for federal laws and other regulatory legal acts of the Russian Federation. 5. TIME AND PAYMENT OF APPEARANCE 5.1. During the apprenticeship period, the Apprentice is assigned the following apprenticeship time: _______________________________________________________________ (the apprenticeship time established in this Agreement during the week should not exceed the standard working time established for workers of the corresponding age, profession, specialty when performing the relevant work). 5.2. During the apprenticeship period, the student is paid a stipend in the amount of _____________ rubles. The work performed by the Student during practical classes is paid according to the current rates in the Organization (the rates must be indicated in the Agreement itself or in an appendix to this Agreement). 6. RESPONSIBILITY OF THE PARTIES 6.1. The parties to the student agreement are responsible for failure to fulfill or improper fulfillment of their obligations. 6.2. If the Apprentice does not fulfill his obligations under this apprenticeship agreement, including not starting work, he returns to the Organization the scholarship received during the apprenticeship, as well as other expenses incurred by the Organization in connection with the Apprentice’s professional training: 6.2.1. ______________________________________________________________; 6.2.2. ______________________________________________________________. (the employer can list the relevant expenses) 7. GROUNDS FOR TERMINATION OF THE APPEARANCE AGREEMENT 7.1. The grounds for termination of the Student Agreement are: 7.1.1. End of training period. 7.1.2. An unsatisfactory grade received by the Student when passing the qualifying exam. 7.1.3. Missing a class without a valid reason. 7.1.4. Violation of labor protection rules. 7.1.5. ______________________________________________________________. (other grounds for termination of the student agreement are indicated) 8. OTHER CONDITIONS 8.1. This Student Agreement is drawn up in two copies, each having the same legal force, one of which is kept by the Organization, and the other by the Student. 8.2. The terms of this Student Agreement can be changed only by mutual agreement of the parties by concluding appropriate agreements in writing. DETAILS OF THE PARTIES Organization: Student: Address: ____________________________ Identification document details: INN: ______________________________ ______________________ SIGNATURES OF THE PARTIES: Organization: Student: _________________________________ name of the manager's position ____________________ _____________________ Signature Signature ____________________________ transcript of signature m.p. A copy of the student agreement received: ______________________ signature, transcript of the signature

Source - "Hiring. Concluding an employment contract: Educational and practical manual", "Contract", "Wolters Kluwer"

Student agreement | Sample

APPRENTICE AGREEMENT

for retraining (upgrading skills) with an employee

Moscow No._______ "___" ____________________ 2007

CJSC Quorum Telecom, hereinafter referred to as the “Employer”, represented by General Director Kovrigin Alexander Viktorogvich, acting on the basis of the Charter, on the one hand, and Employee of Quorum Telecom CJSC Kryukov Andrey Sergeevich (passport, series and number, issued, unit code), hereinafter referred to as the “Employee”, on the other hand, hereinafter collectively referred to as the “Parties”, have entered into this Agreement (hereinafter referred to as the Agreement) as follows:

1. GENERAL PROVISIONS

1.1. This apprenticeship agreement in accordance with Chapter 32 Labor Code of the Russian Federation is additional to the employment contract.

1.2. An apprenticeship agreement is concluded between an employee and an employer within the framework of the implementation of the rights and obligations of the employer for training and retraining of personnel, advanced training (Article 196 of the Labor Code of the Russian Federation), the rights of the employee to professional training, retraining and advanced training (Article 197 of the Labor Code of the Russian Federation, paragraph 2.2 .6. Employment contract with the employee).

2. SUBJECT OF THE AGREEMENT

2.1. Due to the Employer’s need for qualified specialists in the field of testing and technical documentation, the Employer sends the Employee, who holds the position of lead programmer of the development department of the design solutions department, for retraining - advanced training in the specialty WebSphere Integration Developer & WebSphere Process Server (hereinafter referred to as retraining) with retention followed by a place of work and wages for the period of retraining.

2.2. The employee is sent for retraining conducted by the Company with limited liability“IBM Eastern Europe/Asia”, which will be held at the address: Moscow, Krasnopresnenskaya embankment, building 18, for retraining in the program: “Process integration using WebSphere Integration Developer & WebSphere Process Server”

2.4. The form of retraining is full-time.

2.5. The employee is sent for retraining while taking time away from work.

3. RIGHTS AND OBLIGATIONS OF THE PARTIES

3.1. The employer is obliged:

3.1.1. Provide the Employee with the opportunity to retrain in accordance with the terms of this Agreement;

3.1.2. Conclude with the educational institution specified in clause 2.2 of this Agreement an agreement for the provision of consulting (educational) services; The cost of training under the concluded agreement is 30,986.80 (Thirty thousand nine hundred eighty-six rubles 80 kopecks);

3.1.4. Pay the cost of retraining in a timely manner in accordance with the terms of the agreement concluded with the educational institution;

3.2. The employer has the right:

3.2.1. Monitor the Employee during the retraining process;

3.2.2. Transfer the Employee to another position corresponding to the newly acquired qualifications;

3.2.3. Require the Employee to undergo independent testing (testing the level of knowledge) after retraining for 4 months, if knowledge assessment is not carried out as part of the training, in organizations with which the Employer enters into an agreement for testing and certification.

3.3. The employee is obliged:

3.3.1. Fulfill syllabus, comply with academic discipline, receive a Certificate (certificate, diploma) of participation in the seminar (training);

3.3.2. Provide at the request of the Employer necessary documents about academic performance (grade book, certificates, etc.);

3.3.3. Successfully pass certification (assessment of knowledge level) according to the test “IBM Certified Solution Developer - WebSphere Integration Developer V6.0.1” within 4 months after completing the training, if the Employee’s knowledge is not assessed as part of the training;

3.3.4. After completing retraining, work for the Employer for 1 (one) year.

3.3.5. Reimburse the costs incurred by the Employer for retraining, depending on the time actually not worked after the end of retraining, in the following cases:

Contributions of the Employee on the initiative educational institution for academic failure, violation academic discipline, internal regulations of the educational institution;
Deductions of the Employee from the educational institution for at will without good reason;
Dismissal of the Employee at his own request before the expiration of the period of compulsory work established by this Agreement without good reason (clauses 2,6,8,9,10,11 part one of Article 77, clauses 1, 2 of Article 81, Articles 83, 84 of the Labor Code of the Russian Federation), in in accordance with clause 3.3.4. of this Agreement, as well as for violation labor discipline, commission of other guilty actions for which the legislation of the Russian Federation provides for the dismissal of an employee at the initiative of the Employer;
Refusal of the employee to undergo testing and certification after training;
Failure to successfully pass testing (certification). The employer provides the opportunity to successfully pass testing (certification) 2 times;
Failure to comply with other terms of this agreement.

3.3.6. Costs reimbursed by the employee in accordance with clause 3.3.5:

3.3.6.1. 100% of the cost of training, if the Employee worked less than 4 months after completion of retraining or did not pass mandatory testing or certification;

3.3.6.2. 75% of the cost of training, if the Employee worked for 4 to 8 months after completion of retraining;

3.3.6.3. 35% of the cost of training, if the Employee worked from 8 to 12 months minus one day after the end of retraining;

4. RESPONSIBILITY OF THE PARTIES

4.1. If the parties fail to fulfill or improperly fulfill their obligations assumed in accordance with this Agreement, the parties bear responsibility in accordance with this Agreement, the Labor Code and other legislation of the Russian Federation.

4.2. In case of failure to fulfill the obligations specified in 3.3. of this agreement, the Employee is obliged, within 5 days from the date of presentation of the corresponding demand by the Employer, to reimburse the Employer for the funds spent on retraining fees, transport costs to the place of study and back, living expenses during the retraining period, daily allowance. For late return of the specified cash a penalty of 0.1% is charged for each day of delay on the remaining amount to be returned.

At the same time, the Employer has the right, and the Employee does not object, to reimbursement of the Employer’s costs for retraining the Employee under this Agreement, through deductions from wages and other payments due to the Employee, in the amount necessary to fully reimburse the Employer’s costs.

5. VALIDITY AND CONDITIONS OF TERMINATION OF THE AGREEMENT

5.1. This Agreement comes into force from the moment of signing and is valid until the parties fully fulfill their obligations.

5.2. This Agreement may be terminated early by agreement of the Parties, subject to compensation by the Employee to the Employer for costs incurred in connection with the execution of this Agreement.

5.3. This Agreement may be terminated early at the request of one of the Parties in the event of violation by the other Party of the terms of this Agreement.

6. PAYMENT TERMS

6.1. During the period of retraining the Employee in in the prescribed manner average monthly salary is paid.

6.3. Payment for accommodation and travel to the place of study is carried out to organizations providing these services or to the Employee with the obligatory submission of properly executed documents confirming these expenses of the Employee to the Employer.

7. FINAL PROVISIONS

7.1. This Agreement is drawn up in 2 copies, one for each Party. Both copies have the same legal force.

7.2. This Agreement is additional to Labor Agreement No. 15/06 dated January 10, 2006.

6.3. Disputes arising under this Agreement are resolved through negotiations. If agreement is not reached, disputes are resolved in accordance with the procedure established by the legislation of the Russian Federation.

6.4. Issues not regulated by this Agreement are resolved in the manner established by the current legislation of the Russian Federation.

7. DETAILS AND SIGNATURES OF THE PARTIES

Employer: Closed joint stock company Quorum Telecom
INN OKPO;
r/s in;
case 3, BIC;
Legal address:);
Postal address:

Telephone:
Fax:

General manager

Signature:___________/ Kovrigin Alexander Viktorovich / M.P

Worker: Kryukov Andrey Sergeevich

Registered at:

Resides:

Passport: series and number, issued

Signature:_____________/ ______________________________/

There are two types of apprenticeship agreement - for retraining and vocational training. Find out how to conclude a profitable student agreement and download free sample agreements.

In the article:

Download this useful document:

An apprenticeship contract for vocational training is concluded both with employees who are on the company’s staff and with applicants - citizens looking for work.

How to draw up a student agreement with an employee

A student agreement with an employee is concluded taking into account Chapter 32 of the Labor Code of the Russian Federation; the document serves as an addition to the employment contract. With the help of such a document, the organization insures itself against the risk of spending material resources training or retraining is wasted. If the applicant refuses the employment relationship and the conclusion of a labor contract, and a full-time employee terminates the labor contract without good reason, they will be obliged to compensate the costs incurred by the employer on the basis of Article 207 of the Labor Code of the Russian Federation.

The main article on the topic is in the magazine “Personnel Business”

An apprenticeship agreement helps the employer protect its interests. Employees cannot quit until they have worked for the company for a specified period of time. Or they must return the money spent by the employer on training. An expert from the magazine “Personnel Business” will tell you...

The student agreement is concluded in writing in 2 copies for each of the parties.

3 mandatory points that must be specified in the contract

The profession, specialty and level of qualifications that the employee will receive during the training process.
Responsibilities of the parties.
The period of service after completion of training, after which it will be considered that the entire cost of training has been worked out by the employee.

Student agreement with an employee for on-the-job training

It must be taken into account that a student agreement under the Labor Code of the Russian Federation can be concluded with an applicant. This is provided for in Articles 59 and 198 of the Labor Code. But at the same time, such a document, in fact, is neither labor nor civil law. This is the position taken by regulatory agencies. This follows from the letter of the Ministry of Finance of Russia dated May 7, 2008 under No. 03-04-06-01/123, the Federal Tax Service of Russia in Moscow dated August 13, 2007 under No. 21-11/076667.

★ An expert from the magazine “Personnel Business” will tell you - student or about training. When, instead of a contract, it is rational to draw up an agreement on obtaining vocational education, how do these documents differ?

How to develop a provision on a student agreement: example

The training regulations are drawn up in free form. Each company has the right to independently determine the content of such a document, taking into account the scheme of learning processes.

In order for the student agreement to fully comply with the Labor Code of the Russian Federation, the Regulations include the following sections:

general provisions (main list of tasks, goals of the Regulations);
a complete list of initiators, organizers, rules of their interaction;
rules for determining training needs;
employee rights to training;
types, teaching tools;
a list of stages, rules for organizing training, and so on.

Example of the Regulations on the basis of which the UD is drawn up:

★ The HR System expert will tell you in detail . Find out about the requirements for drawing up the Regulations, which sections to include in it, what to include in them, and in what order.

What conditions should be included in the student agreement: Labor Code of the Russian Federation

The student agreement must contain the following mandatory conditions:

duration of study;
amount of payment during a specified period.

Essential conditions are listed in Article 199 of the Labor Code of the Russian Federation, and are also established by Articles 200, 204 of the Labor Code of the Russian Federation.

Other conditions are also included in the document if necessary. But it should be taken into account that additional provisions should not contradict current labor legislation, collective agreements, agreements, or infringe on the rights of students.

What cannot be included in a student agreement

The employee’s obligation to fully reimburse the organization for all training costs, regardless of the facts, reasons and timing of dismissal. This limits his rights. In any case, the citizen has the obligation to fully compensate the costs incurred for his training by the employer.
According to the Labor Code of the Russian Federation, it is required to reimburse expenses only in cases where the applicant subsequently refused to conclude a labor contract or a full-time specialist quit without good reason and did not work for a certain period of time (based on Articles 207, 249 of the Labor Code of the Russian Federation). The same conclusions follow from the letter of Rostrud dated April 13, 2012 under No. 549-6-1.
The condition that the employee is obliged to reimburse all expenses of the employer in full if he quits without good reason. This clause worsens the employee’s position in comparison with the norms of the Labor Code of the Russian Federation on the basis of Articles 9, 232 of the Labor Code of the Russian Federation. Upon dismissal, the employee is reimbursed only for expenses proportional to the time not worked after completion of training. This follows from Article 249 of the Labor Code of the Russian Federation. The Supreme Courts of the Russian Federation adhere to the same position.

Student agreement: what to include and how to draw it up

Yulia Zhizherina, lawyer-expert, business coach of the Pepelyaev Group law firm, tells

For how long is the student agreement concluded?

The apprenticeship contract is concluded for the period necessary for training in the relevant profession, obtaining a certain specialty, or advanced training. Therefore, the training period is determined by the organization for each case individually. This follows from the provisions of part one of Article 200 of the Labor Code of the Russian Federation.

By agreement of the parties

By agreement of the parties, the period can be changed if necessary. For example, if a student attended military training, was sick, or was absent for other reasons good reasons, the student agreement can be extended for the period of his actual absence on the basis of part two of Article 201 of the Labor Code of the Russian Federation.

For the entire period of study, students are paid a stipend that cannot be lower minimum size wages. Such rules are specified in part one of Article 204 of the Labor Code of the Russian Federation. The amount of the scholarship is specified as a separate clause in the contract. Payments cannot be made conditional on examinations or intermediate assessments. If the course includes practical training, the student is paid for the work at the rates established by the organization. These conditions are prescribed in advance in the contract.

How to change the terms of the contract

Any terms of the agreement can be changed only by agreement of the parties. The employer does not have the right to change the essential and additional provisions in the document on his own initiative. In case of changes, an additional agreement is concluded with the student, in which all points of the document that need adjustment are indicated, and they are entered in the new edition. The agreement signed by the parties becomes an integral part of the previously executed contract. One copy remains with the employer, the second is given to the student.

An apprenticeship agreement is concluded with employees or applicants applying for a vacant position in an organization. The document contains mandatory (or essential) conditions and additional ones, if necessary. The agreement can be changed only by agreement of the parties by concluding an additional agreement.

Chapter is devoted to the student agreement. 32 Labor Code of the Russian Federation. We will reveal the main provisions of this institute and provide a sample of an apprenticeship agreement with an employee of an enterprise (sample 2017).

The essence of the agreement

The essence of this transaction is that the company pays for the education of its employee (or future employee), and he undertakes to further apply the acquired knowledge in this company for a certain period.

Only legal entities. Individual entrepreneurs may enter into any other type of civil contract for the provision educational services.

The company management itself determines the need for additional education their employees. But in some cases, employees are required to periodically improve their skills.

civil servants;
medical and pharmaceutical workers;
notary assistants, trainees and notaries themselves.

In some cases, the employer is obliged to provide employees with the opportunity to undergo training and organize it. And the apprenticeship agreement is a kind of guarantee of the safety of the funds invested in the training of its employees, since they will either be required to work or return the money spent on them.

Training can be organized by the company itself. But it is also possible to conclude an agreement with educational organization.

With whom can the contract be concluded?

An apprenticeship agreement can be concluded with a current employee and a person who is not yet an employee of this company. Such an agreement is concluded with the latter on the condition that after completion of training he will enter into labor relations with this company.

If an apprenticeship contract is concluded with an existing employee, it will always be additional to the employment contract. This means that both of these agreements should not contradict each other. All conditions of apprenticeship must be linked to working conditions: working hours, job responsibilities and others.

When concluding an apprenticeship agreement with someone other than an existing employee, it is necessary to take into account that this agreement is also subject to labor legislation. In Art. 205 of the Labor Code of the Russian Federation states that all students without exception (current employees or not) are subject to the rules labor legislation.

The student agreement must contain the following mandatory details and conditions:

company name and student details;
the name of the specific qualification that the student will receive upon completion of his studies;
the company’s obligation to provide the student with the opportunity to study in accordance with the terms agreed upon and enshrined in the contract;
the student’s obligation to complete his studies and then work in a company with the acquired qualifications under an employment contract for a period determined by the contract;
duration of apprenticeship;
the amount of the scholarship during the period of validity of the contract (training).

The apprenticeship contract is concluded for the period necessary to obtain the qualifications that are the subject of the contract.