Do students have the right to work for a salary? Hiring a full-time university student

Employment of a full-time student is carried out on a general basis, guided by Chapters 10 and 11 of the Labor Code of the Russian Federation.

Registration of labor relations with a full-time university student begins with drawing up an employment contract. This agreement can be concluded either indefinitely or for any period of no more than five years. In accordance with Article 59 of the Labor Code of the Russian Federation, by agreement of the parties, a fixed-term employment contract can be concluded with persons receiving full-time education.

Full-time university students are not subject to the prohibition on establishing a probationary period, as is the case for university graduates who graduated less than 1 year ago and who are applying for a job in their specialty for the first time. Therefore, you can safely include a probationary period clause in your employment contract.

Considering that it will be difficult for an employee to combine study and work, when choosing a mode, give preference to part-time work or a free (flexible) work schedule.

If your student is under 18 years of age. “The length of working time of students of educational organizations carrying out educational activities, under the age of eighteen, working during the academic year in their free time from receiving education, cannot exceed half of the norms established by part one of this article for persons of the corresponding age.” (Article 92 Labor Code of the Russian Federation)

Working hours and rest time for a full-time student, if they do not coincide with the general rules adopted in your organization, are necessarily reflected in the employment contract.

The hiring of a student by an educational institution is formalized by an order, the content of which must correspond to the text of the employment contract.

The issued order should be familiarized to the employee against signature within three days from the moment he began to perform his duties at the workplace. You can give the employee a copy of this order, certified accordingly.

For a student at an educational institution for whom this is the first place of work, the personnel service must issue a work book (Part 4 of Article 65 of the Labor Code of the Russian Federation). Registration is carried out within five days from the day the student employee is hired.

The employer issues an insurance certificate of compulsory pension insurance for the employee, if he does not have one, but at present, this certificate is often issued before the child enters school/kindergarten...

If a full-time working student receives his education at a state-accredited university for the first time, then guarantees are provided for him to provide the necessary leave without pay for his studies (Article 173 of the Labor Code of the Russian Federation):
when passing intermediate certification 15 calendar days in the academic year,
when preparing and defending a final qualifying thesis, as well as passing final state exams 4 months,
when passing final state exams 1 month.
If a working student is studying at a university without state accreditation, then such guarantees can be stipulated in the student’s employment contract, if they are not stipulated in the collective agreement of your organization.

The organization is going to accept at the main place of work a student who is studying full-time at a higher educational institution and is getting a job for the first time. What features established by law will the employer need to take into account when hiring such an employee? Will the fact that the employee will work no more than four hours a day affect in any way the procedure for calculating length of service when calculating a pension?

Article 93 of the Labor Code of the Russian Federation allows the establishment of a part-time working day (shift) or a part-time working week upon hiring by agreement between the employee and the employer.

Labor legislation does not contain requirements for a minimum working day or week when establishing a part-time working regime (see also letter of Rostrud dated June 24, 2009 N 1819-6-1). So, for example, the duration of a part-time working week can be 4, 3, 2 days, etc., and the duration of a part-time working day can be 4, 3, 2 hours, etc. A combination of part-time and part-time work is allowed.

Thus, labor legislation provides the parties to an employment contract with the opportunity to independently determine the duration of the employee’s work activity during the working day and (or) working week that suits them. In this regard, when entering into a contract with a new employee, the parties have the right to set the working hours corresponding, for example, to 0.5 of the rate for the chosen position.

In addition to part-time work, an employee can also have a flexible working schedule. Then the beginning, end or total duration of the working day (shift) is determined each time by agreement of the parties (part one of Article 102 of the Labor Code of the Russian Federation).

By virtue of part two of Art. 57 of the Labor Code of the Russian Federation, the regime of working time and rest time is reflected in the employment contract without fail, if for a given employee it differs from the general rules in force for the employer. Working hours, according to Art. 100 of the Labor Code of the Russian Federation, must provide for the length of the working week (five days with two days off, six days with one day off, a work week with days off on a sliding schedule, part-time work), work with irregular working hours for certain categories of workers, the duration of daily work (shifts), including part-time work (shifts), start and end times of work, time of breaks in work, number of shifts per day, alternation of working and non-working days.

In the case under consideration, by agreement of the parties, upon hiring, the employee will be assigned part-time working hours (part one of Article 93 of the Labor Code of the Russian Federation), therefore it is necessary to include a corresponding condition in the employment contract. If this is not done, then the employee will be subject to the normal working and rest time regime adopted by the employer.

When working on a part-time basis, the employee’s remuneration must be made in proportion to the time he worked or depending on the amount of work he performed (part two of Article 93 of the Labor Code of the Russian Federation, see also letter of Rostrud dated 06/08/2007 N 1619-6).

According to part two of Art. 57 of the Labor Code of the Russian Federation, the employment contract must include a condition on remuneration (including the amount of the tariff rate or salary (official salary) of the employee, additional payments, allowances and incentive payments). Salary is a fixed amount of remuneration for the performance of labor duties of a certain complexity for a calendar month, excluding compensation, incentives and social payments (part three of Article 129 of the Labor Code of the Russian Federation). If in the case under consideration the employee is, for example, given a 20-hour work week, which is 1/2 of the normal working time (part two of Article 91 of the Labor Code of the Russian Federation), his salary should be equal to 1/2 of the salary for the corresponding position received by employees with normal working hours.

Hiring is formalized by an order (instruction) of the employer, issued on the basis of a concluded employment contract; the contents of the order must comply with the terms of the employment contract (part one of Article 68 of the Labor Code of the Russian Federation). Therefore, in the hiring order, drawn up according to unified forms N T-1 or N T-1a, approved by Resolution of the State Statistics Committee of Russia dated January 5, 2004 N 1, in the column “with tariff rate (salary)” to the employee who is hired at 0, 5 rates, you should indicate an amount equal to 1/2 of the salary for the corresponding position for employees with normal working hours.

Part three of Art. 93 of the Labor Code of the Russian Federation establishes a rule according to which part-time work does not entail for employees any restrictions on the duration of the annual basic paid leave, calculation of length of service and other labor rights.

According to Federal Law No. 173-FZ of December 17, 2001 “On Labor Pensions in the Russian Federation,” the right to receive a pension depends not on the length of service, but on the insurance experience of the citizen.

Under the insurance period in accordance with Art. 2 of this law means the total duration of periods of work and (or) other activities during which payments were made to the Pension Fund of the Russian Federation, as well as other periods counted in the insurance period, taken into account when determining the right to a labor pension.

Thus, the period during which the employer paid pension contributions for the employee is included in the latter’s insurance period, regardless of the size of the base for calculating contributions to the Pension Fund of the Russian Federation (i.e., the employee’s salary (0.5 rate)) and, accordingly, the size of these contributions.

The obligation of the employer-organization to keep work books for each employee who has worked for him for more than five days, if the work in this organization is the main one for the employee, is established by Art. 65 of the Labor Code of the Russian Federation and clause 3 of the Rules for maintaining and storing work books, producing work book forms and providing them to employers, approved by Decree of the Government of the Russian Federation of April 16, 2003 N 225.

When concluding an employment contract for the first time, an insurance certificate of state pension insurance is issued by the employer (Article 65 of the Labor Code of the Russian Federation).

When hiring a student who is studying full-time at a university, the employer also needs to take into account that Art. 173 of the Labor Code of the Russian Federation provides for a number of guarantees and compensations for employees who combine work with training in educational institutions of higher professional education. Moreover, part of the first art. 287 of the Labor Code of the Russian Federation establishes that such guarantees and compensation are provided by the employer precisely at the main place of work.

The procedure for providing guarantees and compensation to employees combining work with training is determined by the provisions of Art. 177 Labor Code of the Russian Federation.

Prepared answer:
Expert of the Legal Consulting Service GARANT
Anosova Yulia

Response quality control:
Reviewer of the Legal Consulting Service GARANT
Zolotykh Maxim

The material was prepared on the basis of individual written consultation provided as part of the service

The desire not to depend on parents and the need for money forces the student to look for work. For an employer, cooperation with this category of citizens is associated with a number of features. A student's employment must take into account the form of study. If a person is a full-time student at a university, a standard employment contract cannot be concluded. The process must be carried out in accordance with the norms of the Labor Code of the Russian Federation.

Labor Code of the Russian Federation

The peculiarities of interaction between an employee and an employer in the Russian Federation are regulated by the Labor Code. The rules for drawing up an agreement with an employee are reflected in Chapters 10-11. In accordance with Article 59 of the Labor Code of the Russian Federation, if a student is studying full-time at a university, the employer can only enter into a fixed-term contract with a potential employee. This is due to the fact that usually full-time students only want to find a part-time job for the summer.

Attention

If the employee has not yet reached the age of majority, a shortened working week must be established. The rule is enshrined in Article 92 of the Labor Code of the Russian Federation. The condition must be reflected in the contract.

If a person has already reached the age of majority, he also has the right to ask the employer to establish a part-time working week. To do this, you will need to draw up an application or discuss cooperation during the signing of the employment contract. The rule is enshrined in Article 93 of the Labor Code of the Russian Federation.

Full and part time

Students can work full-time or part-time. If a minor citizen is hired by a company, he cannot work more than 7 hours a day. This rule is enshrined in the Labor Code of the Russian Federation. Adult citizens have the right to request part-time work at their own request. Information about this must be reflected in the employment contract. The agreement must indicate:

• which days will be considered working days;
• duration of work per day and per week;
• breaks during work activities, if any;
• start and end times of the working day;
• weekend.

Additionally, the agreement must clearly state that the student is working part-time.

Part-time students are usually accommodated on a general basis. They are assigned full-time work unless they are minors. Otherwise, it is possible by prior agreement of the parties. The specifics of the upcoming cooperation when applying for a job must be documented.

Employer Responsibilities

The list of responsibilities is fixed by the Labor Code of the Russian Federation. The list is relevant regardless of who is hired. The employer is obliged:

• comply with current legislation;
• provide equal pay for equal work;
• provide work in accordance with the employment contract;
• provide equipment and other means necessary to perform job duties;
• introduce local regulations;
• comply with the instructions of the Federal executive authority;
• conduct collective negotiations and conclude a collective agreement;
• provide for household needs in connection with the performance of work duties;
• product of compulsory social insurance;
• compensate for harm that the employee suffered as a result of performing work duties;
• consider the instructions of trade union bodies.

There are also special responsibilities that arise only if a student is hired. Thus, the employer is obliged to provide student leave. If a minor is hired, the company is obliged to adjust the work schedule in accordance with the requirements of current legislation.

Employer's liability

The Labor Code of the Russian Federation does not fix any special provisions regarding responsibility when hiring a student.

Student Responsibility

The labor code applies to the student in full. If an agreement is concluded with a person, he bears full financial responsibility. If the employer's property is damaged due to the fault of an employee, the student will have to reimburse its cost.

Probation

The Labor Code allows the employer to determine at his own request. If the company decides that a period is necessary, it will be established. The existence of a probationary period must be reflected in the agreement between the employee and the organization.

IMPORTANT

The rule applies if the student is over 18 years old. If the citizen is younger, the law does not allow a probationary period to be established. Cooperation should immediately begin on a permanent basis.

Vacation for students

The provision and payment of leave for a student employee is carried out in accordance with standard rules. Wages are provided in proportion to the amount of time worked. The cash payment depends on the citizen’s income for the last year.

Additional Information

Typically, students earn less than other workers. This is also reflected in the amount of vacation pay.

Entry in the work book

If the student’s work is the main one, and the activity will be carried out for more than 5 days, an entry must be made in the work book. The rule is enshrined in Article 65 of the Labor Code of the Russian Federation. The entry is made in accordance with the provisions of the Labor Code of the Russian Federation. There is no special formalization of cooperation with a full-time student.

Summer hiring

If a full-time student is accepted only for the summer, a fixed-term contract is concluded. It records information about all the features of interaction with a citizen. If part-time work is established, the fact must be reflected in the agreement. The employee must be familiar with the contract. He submits a signature as confirmation.

Hiring a full-time student enrolled in the Russian Socialist Republic

If a student is a member of the RSO, the Labor Code of the Russian Federation does not fix a special procedure for hiring. Manipulation will be carried out on a general basis. The employer will need to take into account the potential employee's age and discuss scheduling considerations.

For your information

All the nuances of cooperation are reflected in the contract. The paper must be provided to the employee for review. A person signs an agreement if he agrees with all its provisions. Only after this can the citizen begin to work.

Hiring a part-time student

Registration of a part-time student is carried out under classical conditions. If a person receives education for the first time, he has the right to all the privileges reflected in the articles of the Labor Code of the Russian Federation. If a citizen decides to get an education of this level for the second time, the company may not provide the employee with paid leave to pass the exam and pay for travel.

Nuances

By hiring a full-time student, the employer hopes that the citizen will continue to perform duties in the company after graduation. The organization will be able to obtain trained specialists with higher education. Additionally, the institution may pay students significantly less than a full-time employee in a similar position.

Attention

Interaction with persons studying at higher educational institutions is associated with a number of additional nuances. Thus, a student employee has the right to demand the establishment of a shortened working week. Additionally, the citizen will periodically go to the session. Study leave cannot be combined with the main one. The period is paid. The organization cannot provide student leave if the work is the main one. Rejection of the application will be considered a violation of the employee's rights.

The student will be absent from work longer than other employees. The duration of student leave can be up to 4 months. This deadline is set for graduates. Primary school students are absent less. The average session duration is 1 month.

The desire not to depend on parents and the need for money forces the student to look for work. For an employer, cooperation with this category of citizens is associated with a number of features. A student's employment must take into account the form of study. If a person is a full-time student at a university, a standard employment contract cannot be concluded. The process must be carried out in accordance with the norms of the Labor Code of the Russian Federation.

Labor Code of the Russian Federation

The peculiarities of interaction between an employee and an employer in the Russian Federation are regulated by the Labor Code. The rules for drawing up an agreement with an employee are reflected in Chapters 10-11. In accordance with Article 59 of the Labor Code of the Russian Federation, if a student is studying full-time at a university, the employer can only enter into a fixed-term contract with a potential employee. This is due to the fact that usually full-time students only want to find a part-time job for the summer.

Attention

If the employee has not yet reached the age of majority, a shortened working week must be established. The rule is enshrined in Article 92 of the Labor Code of the Russian Federation. The condition must be reflected in the contract.

If a person has already reached the age of majority, he also has the right to ask the employer to establish a part-time working week. To do this, you will need to draw up an application or discuss cooperation during the signing of the employment contract. The rule is enshrined in Article 93 of the Labor Code of the Russian Federation.

Full and part time

Students can work full-time or part-time. If a minor citizen is hired by a company, he cannot work more than 7 hours a day. This rule is enshrined in the Labor Code of the Russian Federation. Adult citizens have the right to request part-time work at their own request. Information about this must be reflected in the employment contract. The agreement must indicate:

• which days will be considered working days;
• duration of work per day and per week;
• breaks during work activities, if any;
• start and end times of the working day;
• weekend.

Additionally, the agreement must clearly state that the student is working part-time.

Part-time students are usually accommodated on a general basis. They are assigned full-time work unless they are minors. Otherwise, it is possible by prior agreement of the parties. The specifics of the upcoming cooperation when applying for a job must be documented.

Employer Responsibilities

The list of responsibilities is fixed by the Labor Code of the Russian Federation. The list is relevant regardless of who is hired. The employer is obliged:

• comply with current legislation;
• provide equal pay for equal work;
• provide work in accordance with the employment contract;
• provide equipment and other means necessary to perform job duties;
• introduce local regulations;
• comply with the instructions of the Federal executive authority;
• conduct collective negotiations and conclude a collective agreement;
• provide for household needs in connection with the performance of work duties;
• product of compulsory social insurance;
• compensate for harm that the employee suffered as a result of performing work duties;
• consider the instructions of trade union bodies.

There are also special responsibilities that arise only if a student is hired. Thus, the employer is obliged to provide student leave. If a minor is hired, the company is obliged to adjust the work schedule in accordance with the requirements of current legislation.

Employer's liability

The Labor Code of the Russian Federation does not fix any special provisions regarding responsibility when hiring a student.

Student Responsibility

The labor code applies to the student in full. If an agreement is concluded with a person, he bears full financial responsibility. If the employer's property is damaged due to the fault of an employee, the student will have to reimburse its cost.

Probation

The Labor Code allows the employer to determine at his own request. If the company decides that a period is necessary, it will be established. The existence of a probationary period must be reflected in the agreement between the employee and the organization.

IMPORTANT

The rule applies if the student is over 18 years old. If the citizen is younger, the law does not allow a probationary period to be established. Cooperation should immediately begin on a permanent basis.

Vacation for students

The provision and payment of leave for a student employee is carried out in accordance with standard rules. Wages are provided in proportion to the amount of time worked. The cash payment depends on the citizen’s income for the last year.

Additional Information

Typically, students earn less than other workers. This is also reflected in the amount of vacation pay.

Entry in the work book

If the student’s work is the main one, and the activity will be carried out for more than 5 days, an entry must be made in the work book. The rule is enshrined in Article 65 of the Labor Code of the Russian Federation. The entry is made in accordance with the provisions of the Labor Code of the Russian Federation. There is no special formalization of cooperation with a full-time student.

Summer hiring

If a full-time student is accepted only for the summer, a fixed-term contract is concluded. It records information about all the features of interaction with a citizen. If part-time work is established, the fact must be reflected in the agreement. The employee must be familiar with the contract. He submits a signature as confirmation.

Hiring a full-time student enrolled in the Russian Socialist Republic

If a student is a member of the RSO, the Labor Code of the Russian Federation does not fix a special procedure for hiring. Manipulation will be carried out on a general basis. The employer will need to take into account the potential employee's age and discuss scheduling considerations.

For your information

All the nuances of cooperation are reflected in the contract. The paper must be provided to the employee for review. A person signs an agreement if he agrees with all its provisions. Only after this can the citizen begin to work.

Hiring a part-time student

Registration of a part-time student is carried out under classical conditions. If a person receives education for the first time, he has the right to all the privileges reflected in the articles of the Labor Code of the Russian Federation. If a citizen decides to get an education of this level for the second time, the company may not provide the employee with paid leave to pass the exam and pay for travel.

Nuances

By hiring a full-time student, the employer hopes that the citizen will continue to perform duties in the company after graduation. The organization will be able to obtain trained specialists with higher education. Additionally, the institution may pay students significantly less than a full-time employee in a similar position.

Attention

Interaction with persons studying at higher educational institutions is associated with a number of additional nuances. Thus, a student employee has the right to demand the establishment of a shortened working week. Additionally, the citizen will periodically go to the session. Study leave cannot be combined with the main one. The period is paid. The organization cannot provide student leave if the work is the main one. Rejection of the application will be considered a violation of the employee's rights.

The student will be absent from work longer than other employees. The duration of student leave can be up to 4 months. This deadline is set for graduates. Primary school students are absent less. The average session duration is 1 month.

What are working conditions for students? Modern young people often try to combine study and work. And to the question of whether it is possible to hire a full-time student at a higher or vocational educational institution, the answer will certainly be positive: there is no legally established prohibition on combining full-time education with a profession.

But full-time education causes a lack of time, so hiring a full-time student is characterized by certain features for both the employer and the employee. In this article we will find out under what conditions students can work.

Registration of a student for a specific vacancy must comply with all hiring rules stipulated in labor legislation (Chapters 11 and 12 of the Labor Code of the Russian Federation). You should know exactly how the process of hiring new employees takes place in this case, what conditions should be regulated.

Operating mode

Since students have the opportunity to work only part-time, the manager should document all the nuances regarding the working regime, based on Article 57 of the Labor Code of the Russian Federation.

The employment contract concluded at the time of hiring a student must include the following provisions:

• duration of each work shift;
• start and end times of activities;
• number of work shifts per week;
• alternating weekends with working days.

The salary of a student employee will also correspond to a certain working regime. It is accrued depending on output or in proportion to the time worked, according to Art. 93 Labor Code of the Russian Federation.

In order for a student to be able to fulfill his work responsibilities productively without harming the educational process, a place of work with a flexible schedule may be a suitable option. Regarding whether full-time students can work only during vacations, it is worth noting that when an employee is hired to work for a specified period, which can be vacations, the employment contract is fixed-term. Such an agreement is limited to a certain time frame.

Required documents

The employer carrying out the work is required to sign a properly executed employment order. A work book is also opened - this is necessary if this is the first job for a young person.

The work book is filled out in accordance with all the rules during the entire time the student works at the enterprise, and after graduation from the educational institution, a note about studies is made in it: this responsibility rests with the employer.

Rights and responsibilities of a student as an employee

Hiring a full-time student involves some commitment on the part of both the company and the job applicant.

Each employee receiving full-time education is entitled to unpaid leave to resolve issues related to training. This need is caused by intermediate certifications and final exams that are mandatory for students, as well as preparation for them.

The main condition for obtaining such privileges is the presence of state accreditation of the educational institution in which the student is enrolled. Only those employees who are receiving higher education for the first time have the right to such leave.

The responsibilities of student workers must comply with the general provisions established in the Labor Code, as well as with an individual labor contract, a collective agreement of the enterprise, and internal labor regulations.

An employee must perform his assigned job duties and assignments efficiently, work in accordance with labor safety requirements, and be careful when handling company property.

Working conditions for students - part-time work for students: Video