As you know, an internship means a period in which a person performs some specific part of the work, but does not have official employment. At this time, he can actually just practice, he can learn a lot from those who work at a particular enterprise on an ongoing basis.
In the legislation, this period of time is called “internship”. But there are a huge number of questions related to this concept, and every day more and more new ones, up to the very definition of the process. Therefore, it would be useful to clearly define the main points related to it.
Interestingly, the Labor Code of the Russian Federation does not contain a single chapter or even just a definition of an internship. The same applies to many countries in the post-Soviet space. But in the 59th article there is a mention of this process. There we are talking about the conclusion and there is a small mention of the internship. Several important conclusions follow from this:
By the way, as for the second conclusion, it is beneficial for both parties - the employer and the employee. The first one can look at his potential subordinate and only then decide whether to hire him for a permanent job. And the second one can simply understand what it is like to work at a given enterprise, what is required of him, and learn how to perform certain operations within the process. In fact, for him it is just an opportunity to prove himself, as well as to master the necessary skills. All this is included in the concept of "internship".
You can learn about the nuances of its passage abroad from the following video:
The internship is mainly regulated in the aforementioned 59th and 212th articles of the Labor Code. According to the second of them, it belongs to the field of labor protection. And this also means that the trainee is a full-fledged employee, only does less work and receives a lower salary. It also states that this process should be mandatory for all hired employees. I.e everyone who comes to work must somehow undergo an internship, after which the boss will decide whether to accept him for a permanent position.
As for labor protection, a special GOST 12.0.004-90 was drawn up for this. In paragraph 7.2.4. states that every worker, including a graduate of a vocational school, of any production plant must undergo primary instruction at the workplace. It also indicates that the number of first shifts during which this person is required to undergo an internship is from two to fourteen. At this time, he must be under the direction of persons who will be appointed by appropriate order. The duration of the internship in this case depends on the nature of the work and the qualifications of the trainee.
Each university has at its disposal a special letter of the State Committee of the Russian Federation for Higher Education No. 18-34-44in / 18-10. It just says how the training of specialists should be carried out.
In particular, it states that this is one of the types of auxiliary professional education for specialists, and its purpose is the formation and consolidation of professional knowledge and skills that a person receives in the course of theoretical training.
At the same time, there are no clear instructions on how it should be carried out. There are only certain excerpts from various articles of the Labor Code and other types of legislation. But on them you can draw quite a lot of conclusions and form a single idea about this concept.
In general, the internship consists of the following stages:
All of the above-mentioned papers are precisely those documents that must be drawn up during the internship. Let's list that list again:
In some cases, a pay slip is also added, which is issued by the accounting department of the company where the internship takes place. As for the last document, the certificate, it should include the following information:
At the end of the certificate, the head and the trainee put their signatures, and the representative of the enterprise puts a seal. If the internship is held from the university, then the representative of the educational institution also puts his seal. By the way, in this case, the plan, review and characteristics are included in one document called practice diary. Usually this is a small notebook, which includes all the necessary information.
It should immediately be said that, according to the above articles from the Labor Code of the Russian Federation, any internship must be paid. An exception is student practice, that is, when a student who is still studying at a university and is sent to work according to his curriculum comes to the enterprise. In this case, the so-called student agreement is concluded, and not a full-fledged agreement with the trainee. In principle, the information in it is the same, only it is indicated that the trainee is a student.
If a person came to get a full-time job, the amount of payment for an internship is negotiated on an individual basis, there is no indication or even mention of this in the law.
In any case, its size will be less than the required minimum wage at this enterprise. In this regard, it should also be remembered that trainee does not work full time, but only a part of it, so it is logical that he is not entitled to full pay. If he still works full time and performs his functions on an equal basis with the rest, he still should not be given full wages.
As for the timing of the process, the same article 212 of the Labor Code of the Russian Federation refers to 2-14 shifts - this is if the person did not come from an educational institution. In another case, the terms may be very different depending on the university itself. In different universities, the time of practice can be different - from a week to a month. It is rare that students are sent to enterprises for more than a month. Yes, and there is no special meaning in this - in a month you can learn the basic operations and master the process itself, which the company is engaged in.
In this matter, provision 7.2.4 is the most relevant. from GOST 12.0.004-90, which stipulates that an employee who has at least 3 years of work experience in this industry can be exempted from an internship. And then, provided that he simply moves from one workshop to another, and the nature of his work and the type of equipment does not change. This can be done by representatives of the management of the workshop, section, cooperative, and so on only with the consent of the labor protection department and the trade union committee.
It follows from this that even if a person worked at another enterprise for many years and came to get a job, he definitely needs to undergo an internship. In this case, he can pass it for the minimum period in this case, which is two shifts. The same is confirmed in paragraph 7.2.5. It says that workers are allowed to work independently only after completing an internship, as well as testing knowledge and skills. In addition, in order for him to be allowed to the workplace, he needs to read the briefing and give the journal of primary briefing on labor safety so that he signs there.
The Labor Code does not contain a precise definition of "internship at work", but this concept is mentioned several times in section X "Labor protection".
Before allowing an employee to perform complex work requiring certain skills, a certain set of measures must be carried out with him, aimed at training, obtaining skills for further independent work. An internship is required in the following cases:
Before being allowed to work independently at the facility, an employee must undergo a safety briefing, which is a theoretical part of employee training. After the briefing, the employee undergoes an internship at the workplace. It is carried out under the guidance of experienced workers who are appointed by order of the organization.
There is no unified form of an order for an internship. The document is compiled by the head in free form and usually contains the following information:
As an annex to the order, there may be a list of functions that the employee must master during the internship. It is advisable to indicate in the order the period during which the head of the internship must provide feedback on how the employee coped with his duties. The order must be signed by the head, familiarized with the signature of the worker-trainee, members of the commission.
The duration of an internship at the workplace according to the Labor Code of the Russian Federation is not defined - it is prescribed in the order and must be at least two shifts. The duration of an internship in the workplace varies for different professions. For example, persons who want to hold the position of a notary pass an internship for one year with a practicing notary who has at least three years of notarial experience. In this case, the duration of the internship at the workplace is not established by the Labor Code of the Russian Federation, but by order of the Ministry of Justice of Russia No. 151 dated June 29, 2015. In addition, the order of the Ministry of Justice determines that only a citizen of the Russian Federation who has received a higher legal education can be a notary trainee. The number of trainee positions is determined by the notary's office, and the leaders of the internship who have the necessary experience are approved by it.
Vehicle drivers are not allowed to work on a vehicle of any model without prior training. In addition, driver training should be carried out on cars of that type and brand, on those routes on which drivers will work independently in the future. Drivers of trucks who get a job for the first time undergo an internship for up to 1 month. Bus drivers who are employed for the first time undergo 50 hours of training: 18 hours of pre-route training and 32 hours of training on the route on which they will work. Thus, the terms and conditions of an internship for various professions may vary.
A sample job placement order is provided below.
In practice, either an employment contract or a civil law contract (paid services, in a row) is concluded with employees. Naturally, the conclusion of an employment contract is preferable, since in this case the employee is covered by all the guarantees provided for by the Labor Code and the employee is more protected.
Now let's look at the options.
1. If the employment contract is not concluded in writing, but the employee started to work with the knowledge or on behalf of the employer or his representative, then the employment contract is considered concluded (this is called the actual admission of the employee to work). In this case, as Art. 67 of the Labor Code, the employer is obliged to draw up an employment contract with the employee in writing no later than three working days from the date the employee is actually admitted to work. If this does not happen, you need to take measures to protect your rights (apply to the labor inspectorate, to the court).
2. The Labor Code provides for the possibility of including in the employment contract, by agreement of the parties, a test condition (probationary period). In doing so, it must be taken into account that:
In the case when the employee is actually admitted to work without drawing up an employment contract, the probationary condition can be included in the employment contract only if the parties have drawn it up in the form of a separate agreement before starting work.
A test for employment is not established, for example, for persons under the age of eighteen; persons who graduated from state-accredited educational institutions of primary, secondary and higher vocational education and for the first time come to work in their specialty within one year from the date of graduation from the educational institution; persons concluding an employment contract for a period of up to two months.
The probationary period may not exceed three months, and when concluding an employment contract for a period of two to six months, the probationary period may not exceed two weeks.
During the probation period, the employee is subject to the provisions of labor legislation and other regulatory legal acts containing labor law norms, a collective agreement, agreements, local regulations.
3. Based on Art. 59 a fixed-term employment contract may be concluded for the performance of work related to internships and vocational training.
As you can see, there are various conditions (test, internship), but for each of them, the Labor Code provides for the conclusion of an employment contract and, accordingly, the establishment of wages.
In the event that no contract (neither labor nor civil law) is concluded and after a while you are waved by the hand without paying anything, it will be difficult for you to secure the protection of your rights. Will have to go to court.
An intern on your team? Valentina Mitrofanova, an expert in the field of personnel records management, explains how to properly formalize an employment relationship with an intern.
Employment contract: fixed-term or indefinite?
An intern is only called an intern - in fact, it is necessary to conclude an employment contract with him, as with any employee. Such an employment contract can be both fixed-term and indefinite.
As you know, an open-ended contract is concluded for an indefinite period. In Russian personnel records management, it is the termless contract that is most often used, since the conclusion of an employment contract for a certain period must have the grounds provided for in Article 59 of the Labor Code of the Russian Federation. If they are not, then the employer, concluding fixed-term employment contracts, bears significant risks, including recognition of such contracts as open-ended, as well as bringing to administrative responsibility in accordance with Article 5.27 of the Code of Administrative Offenses of the Russian Federation.
However, an internship is exactly the case when both an open-ended and fixed-term employment contract will be lawful.
In accordance with Article 59 of the Labor Code of the Russian Federation, in order to perform work directly related to internships and vocational training, it is allowed to conclude a fixed-term employment contract with an employee. The contract is concluded for a certain period with just such a rationale for urgency: "performance of work directly related to the internship and vocational training of the employee." At the same time, the period of validity of the employment contract is determined on the basis of specific terms specified, for example, in the internship program. When the internship ends, the employment contract with the employee is terminated on the grounds provided for in paragraph 2 of Article 77 of the Labor Code of the Russian Federation - the expiration of the employment contract.
A fixed-term employment contract is also convenient and expedient, for example, when performing temporary work for up to two months, seasonal work, or when performing the duties of a temporarily absent employee. In addition, in some cases, when concluding a fixed-term employment contract, a probationary period is not established (for example, if the contract period is less than 2 months).
Employment book: should an intern make an entry?
If the intern has worked for you for more than 5 days, you, in accordance with the current legislation, must make an appropriate entry in his work book, regardless of the duration of the employment contract. These are the requirements of Article 66 of the Labor Code of the Russian Federation.
When the internship is over...
As you know, interns behave differently at work: while some perform their first labor feat, others sit in social networks. Based on the results of the internship, the employer usually decides whether such an employee will be useful to the company.
Suppose you decide not to part with an intelligent student. In this case, they often talk about “transfer to the state”, but this is not entirely correct, because the trainee is already a full-time employee from the moment the employment contract is concluded. The employer simply signs an additional agreement with the employee on recognizing the contract as open-ended. In this case, it is not necessary to make any additional entries in the work book, since the validity period of the employment contract is not displayed there. But it is impossible to conclude a new fixed-term employment contract, since there is no justification for urgency - the internship is completed.
What if you decide not only to continue cooperation with the intern, but also to transfer him to another position? In the additional agreement, in addition to recognizing the employment contract as open-ended, it is necessary to indicate the new position of the employee. An entry is made in the work book about the transfer of an employee from one position to another, indicating the basis for such a transfer.
There is also the opposite situation: the results of the internship are recognized as unsatisfactory. In this case, the employment contract is simply terminated on the basis of the expiration of its term - in accordance with clause 2 of part 1 of article 77 of the Labor Code of the Russian Federation.
The work book, despite the talk of its abolition in the near future, remains one of the most difficult documents that an employer has to work with. At present, the following forms of work books are valid in our country: work books of the 1938 model; work books of collective farmers; forms of 1974 and inserts in them; bilingual work books; modern forms of work books (the form of a work book form, approved in 2003, was put into effect on January 1, 2004). Let's remember the most important rules for maintaining work books, without knowing which you can not do.
An independent assessment of qualifications was introduced into the system of legislation of the Russian Federation at the beginning of last year. To date, this system is already being actively introduced into modern reality: complexes of assessment tools are being developed, according to which the qualifications of employees will be checked; Qualification assessment centers are being actively opened throughout the country, where everyone can undergo such an independent assessment. However, both employers and employees often have a question: is there currently an obligation to pass such exams and confirm their qualifications, or is this system still advisory in nature? Let's deal with this issue.
For the employer, a new employee is a set of knowledge and skills that is still unknown, which may or may not be suitable for the implementation of the tasks set. In order to study a newcomer, an internship is provided - this is like a test of strength, because you always need to know who you are accepting into the team.
Regulatory documents interpret the definition of the word "internship" differently.
For example, the Labor Code refers this concept to the area. As stated in Art. 212 of the Labor Code of the Russian Federation, an internship at the workplace is the obligation of the employer to ensure safety and labor protection conditions, and it is mandatory for each newly hired employee. In paragraph 7.2.4 of GOST 12.0.004-90 it is written that the internship should be under the guidance of a designated person. The test period varies from 2 to 14 shifts. But if the applicant has worked in this position for more than 3 years, then the internship is canceled. In ch. 1 Letter of the State Committee of the Russian Federation No. 18-34-44in / 18-10 gives its own definition. According to him, an internship is one of the types of additional professional education, and it serves to gain skills in practice or improve their level. It also says that the employer himself determines what the duration of the internship and its program will be.
If the employee has more than 3 years of experience in the specialty, then it is not necessary to assign him an internship.
Hiring a new employee without an internship is very doubtful. But the law did not provide for a document that would regulate the passage or payment of a probationary period, so this should be decided by an individual entrepreneur. In Art. 70 of the Labor Code of the Russian Federation refers to the testing of a future employee before he begins to perform his main duties. The term of such a test cannot exceed 3 months, and for managerial positions - 6 months. This item must be spelled out in the employment contract. The duration of the internship is determined by the employer, depending on the specifics of the position.
Registration of an employee, in accordance with Art. 59 of the Labor Code of the Russian Federation, occurs under a fixed-term employment contract. This contract has exactly the same force as any other. The employee enters into an employment relationship with the employer, which, of course, must be remunerated financially.
Payment for an internship differs from the usual salary only in the amount. The manager does not have the right to set the remuneration of the trainee less than the minimum wage (minimum wage) established by law. This is indicated in Art. 37 ch. 2 of the Constitution of the Russian Federation. Unpaid internships are against the law. In 2017, the minimum wage is 7500 rubles.
The head does not have the right to set the remuneration of the trainee less than the minimum wage.
The internship process can be divided into several stages:
Often, enterprises enter into student agreements with various universities and other educational institutions, according to which students receive practical work experience in their specialty, study the work process from the inside and draw up an internship report based on the results. Training practice is not paid, because the labor contract is not concluded with interns. If a student is accepted into the state, official labor relations appear and, accordingly, remuneration.
Training practice is not paid, because the labor contract is not concluded with interns.
An internship is an opportunity for a manager to get acquainted with the abilities of a future employee, assess his real significance in business, and predict the prospects for labor relations. A properly designed internship program will allow you to fully reveal all the talents of the employee, his efficiency in work and the ability to get out of difficult situations.
