Competent execution of an order for granting study leave - samples for downloading and important nuances


Terms of service

This type of leave can be taken out at work for those who (under Articles 173, 174, 176 of the Labor Code):

  • receives higher education;
  • specialized secondary;
  • or general (in evening form);
  • studying in graduate school;
  • enrolls as a master, specialist or bachelor;
  • specialized secondary.

But it is necessary to comply with some more conditions described in Article 177 of the Labor Code:

  1. The employee has not previously received education at this level .
  2. The educational institution has state accreditation .
  3. This company is the main place of work .
  4. There must be a help call .
  5. The duration of the vacation is no more than indicated in the Labor Code .
  6. Part-time students are not entitled to study leave. But they can go unpaid for the same time . To do this, they will need confirmation that they have been granted student leave at their main place of work. For example, a copy of a vacation order is used in this capacity.

If this is included in the employment or collective agreement, the employer can give leave in other cases:

  • This is not the first time that an employee has received this level of education.
  • The institution is not accredited.
  • It is also possible to increase the duration.

There are situations when an employee studies in two directions at once . Then the guarantees apply only to one of them. The choice is made by the student himself.

You can read more about granting study leave here.

Watch a video about granting student leave:

Law No. 125-FZ

The relationship between an employer and an employee receiving higher professional education is regulated by Chapter 26 of the Labor Code of the Russian Federation and Federal Law No. 125-FZ of August 22, 1996 (as amended on December 3, 2011) “On Higher and Postgraduate Professional Education” (as amended. and additionally, coming into force on 02/01/2012) (hereinafter referred to as Law 125-FZ).

Students in Articles 173–176 of the Labor Code of the Russian Federation are promised the following guarantees and compensations: a reduction in the length of the working week, the provision of additional leaves and payment for travel to the location of the educational institution and back.

Registration process

Study leave is granted on application and the student employee needs to know how to write it correctly. The application is accompanied by a summons certificate, which is issued by the educational institution. The specific period within which the employee must inform the organization about the vacation is not specified in the Labor Code.

Then a leave order is issued. If necessary, vacation pay is calculated and paid. Entries are made in the employee’s personal card, as well as in the working time sheet. And after completion, the employee must submit a confirmation certificate.

An example of such a certificate:

Making an entry in your personal card

The granted study leave is entered on the T-2 card in the eighth section. The entry is made on the basis of an order and a call to study.

Filling:

  • Column 1 - the name of the leave “study”;
  • Columns 2 and 3 are not filled in;
  • 4 columns - calendar number of vacation days;
  • Columns 5 and 6 - deadlines for the period of absence;
  • Column 7 - details of the documentary basis.

Sample of filling out a personal card:

Writing an application

The application is written in free form, by hand or on a computer, on a blank sheet of paper or the organization’s letterhead. The text must include the following information:

  1. Name of the company, name and position of the manager.
  2. Full name and position of the employee.
  3. Vacation start and end dates.
  4. View (educational).
  5. With or without salary.
  6. The name of the institution.
  7. Date of writing.
  8. Signature with transcript.

Sample application for student leave:

The application is written in two copies - for the employee (a mark of receipt is placed on it) and the employer. An important document is attached to it - a summons certificate confirming the need for leave and the date.

Help example (clickable):

Study leave applications can be found here.

Order

After the application is accepted, an order is issued to grant leave in the T-6 form. It contains the following information:

  • Name of the organization.
  • Date and order number.
  • Full name of the employee, his position and structural unit.
  • The column “for the period of work” is not filled in, since in this case it does not matter.
  • In the line for additional leave, “study” is written.
  • Start and end dates.
  • Duration.
  • Personal signature of the manager with a transcript and indication of the position.
  • Employee's signature confirming familiarization.

Sample of filling out an order:

Student leave is not included in the schedule , so it may coincide with the annual one. In this case, the latter is extended or postponed to another time (according to Article 124 of the Labor Code).

There are no restrictions on the number of vacations per year. But it is necessary that the total number of days does not exceed the established Labor Code for a given case.

It depends on the form and place of training. “Evening students” and “correspondence students” are allocated the following for their studies:

  1. 40 days in the 1st and 2nd courses;
  2. 50 days on the next;
  3. up to 4 months – for final certification.

Full-time students are entitled to:

  • 15 days for intermediate certification;
  • 1 month for passing state exams;
  • 4 months to prepare and defend your diploma.

For secondary vocational education, 1 month is allotted , for evening schools the periods are short - 9 days in the 9th grade and 22 in the 11th and 12th grades. Future candidates of science are allocated up to 3 months to prepare and defend their dissertation.

Why is it needed?

The order performs several important functions:

  1. Justifies the reason for the worker’s absence from the workplace.
  2. Serves as the basis for the accountant to make calculations for payment for vacation study time.
  3. Acts as a substantiating document for entering information about the absence of an employee into the time sheet.

That is, the order is a mandatory component of the procedure for documenting study leave.

The absence of an order will not allow the employee to quietly go on study leave. If questions arise, there will be no documentary justification for the employee’s absence, so the employer will be able to bring charges of non-compliance with the work schedule.

Important! Unauthorized absence from work to pass a session or diploma without familiarizing yourself with the order is a disciplinary violation. The employer has the right to impose punishment on the violator of discipline in the form of a reprimand, reprimand or even dismissal.

Student time off is not available to all employees. There are a number of conditions for its registration; the requirements relate to the form of training, the type of certification work and a number of other factors. Who is granted study leave?

Based on what documents is it compiled?

To create an administrative form, the employer only needs to receive two documents from the employee:

  1. A challenge certificate is a standard form issued at the place of study to confirm a student’s admission to a certain reporting stage in their studies. Rules for issuing a certificate.
  2. An application is a written request from an employee confirming his intention to take advantage of the right to receive study leave (with or without pay) guaranteed by the Labor Code of the Russian Federation. Rules for writing an application.

Both documents are transferred by the employee to the responsible representative of the employing company for subsequent processing and generation of an order.

How many days does it take to publish?

When determining the period for preparing an administrative document, you need to rely on its purpose.

The order allows the accountant to carry out settlement measures for calculating payment for student leave, and also justify the issuance of funds to the vacationer.

The Labor Code of the Russian Federation clearly requires payment of vacation pay for 3 or more days. A later payment is already a violation, which is interpreted as a delay in payment. For such a violation, the employer is punished with a significant fine of 30 to 50 thousand rubles, and the responsible official - from 10 to 20 thousand rubles.

So that the accountant has time to carry out the necessary calculations, and the cashier has time to issue cash payments, you need to prepare the document within a period no less than that established for the payment of vacation pay.

The ideal date for issuing the order is 4-5 days, the deadline is 3 days before the start of the vacation study period.

However, you need to understand that in order to meet the given deadlines, you need to receive a summons from the employee in a timely manner. To avoid problems and misunderstandings, it is recommended that the employer specify in the LNA clear deadlines for submitting applications for various types of leave, including educational leave.

Decor

The administrative document is drawn up by an employee whose job responsibilities stipulate the need to work with personnel orders. Usually this is a personnel specialist, less often an accountant or a clerk. In small companies, this role is filled by the director.

For registration, you can use a standard or free form. There are no strict requirements in this matter.

The company must decide which form will be used to document vacations - standard T-6 or free. The decision is reflected in the accounting policy.

When choosing to draw up an order using a free form, you need to make sure that the form used is correct; there must be a sufficient set of details to describe the manager’s order.

Sample in form T-6

In the vast majority of cases, HR officers use standard forms to process vacations. Regarding the provision of a student’s permit, a T-6 form is taken. If you need to prepare an order for group care, then take form T-6a.

Sample order in form T-6 on granting study leave with pay:

Registration of the fields of the standard form of order T-6 when granting study leave:

  1. Information about the employer's enterprise - its name, OKPO.
  2. Registration data of the order - numbering and date of preparation. The numbers are assigned in order, as a rule, the letter designation of the type of leave is added to the numeric number through a fraction or hyphen; in the case of educational leave, the letter “U” is usually added. However, this numbering requirement is not mandatory. The main thing is to ensure that the number is unique within the year.
  3. Information about the student employee - full name, place of work and profession, personnel number received during employment.
  4. The fields to indicate the period of work for granting leave in connection with studies are not filled in.
  5. Section A of the order does not need to be filled out; data is reflected here only when registering for work leave.
  6. Section B must be filled in with the data according to the call certificate received from the employee.
  7. Section B repeats the data in section B. In this case, a situation of sequential provision of labor and study leave (or vice versa) is possible; then you need to fill out sections A and B, and enter the total indicators in C.
  8. Signature of the director or other responsible person who has the right to sign personnel orders for the manager.
  9. Study visa for employee-student.

Filling out section B with data on student leave:

  1. The type of leave can be specified as “additional paid with preservation of average earnings (educational).”
  2. The number of days of student leave is expressed in calendar terms. To fill out this field, information is taken from the certificate, which shows the number of days required for a session or preparation for another educational stage. However, the employer is recommended to check this value with the maximum permitted duration of study leave prescribed in Articles 173, 174, 176 of the Code. If the certificate contains more than the employee is entitled to for the academic year, then the number of days corresponding to the labor code must be provided with payment; the remaining days according to the call certificate are provided without payment.
  3. The time period of a break from work for study is set to the first vacation day and the last one.

Free form example

The employer has every right not to use the standard T-6 form, but to draw up an order using an independently developed form. Free form does not mean that the document can be designed in any way. There are strict requirements for the minimum set of details for personnel orders.

Sample order in free form on the provision and payment of student leave to an employee:

The order for study leave must be drawn up in such a way that its contents clearly and unambiguously make it clear:

  • by whom, where and when the order is drawn up;
  • what is he talking about;
  • what is the basis for registration;
  • who is applying for study leave;
  • within what time period a break from work should be provided;
  • what is the essence of the manager’s orders - the accountant is tasked with calculating payment for study leave.

The order form, generated in free form, is also subject to approval by the manager and registration in the appropriate consolidated registration journal for personnel documentation.

Employee familiarization procedure

The enacted order on granting study leave is given to the student employee for reading and familiarization. If the employee does not see errors in the specified data, then he signs at the bottom of the form.

When drawing up a document in form T-6, the lowest field is specially allocated for the employee’s signature. If the order is drawn up in free form, then you need to write the wording “I have read the order”, followed by a signature and the current date.

Important! Carrying out the introductory procedure is the responsibility of the employing company. In case of refusal or impossibility of signing the acknowledgment, a statement of the reasons for this should be prepared.

The employee is advised not to blindly sign, but to check the contents of the order. You need to make sure that the vacation dates are indicated correctly, and an explanation is given that the vacation is indeed provided in connection with study while maintaining earnings. You should check the order data with the call certificate. If the data matches and there are no complaints, a signature is placed confirming familiarization.

An employee should not go on study leave until an approved order has been provided for review. Only after reading the contents personally can you rest assured that in the future the employer will not make claims for violation of labor discipline or accuse you of absenteeism.

Is there a payment?

This depends on the form of training and the success of the session. Student leave is paid:

  1. "evening parties";
  2. “correspondence students”;
  3. graduate students.

The training is considered successful if the session is completed on time. Vacation pay is issued in the amount of average earnings. To calculate them, you need:

  1. Determine how much the employee earned over the previous year.
  2. Divide this amount by 12 (according to the number of months in the year).
  3. And then at 29.3 - this is the average number of days in a month.
  4. Multiply the resulting quotient by the number of days.

Vacation pay is issued no later than three days in .

What to do in case of refusal?

If an employee has the right to leave, it is impossible not to let him go. He has the right not to appear at work. If there are any negative consequences (fines, dismissal, etc.), the employee can complain to the labor inspectorate or go to court.

In many cases, providing student leave is the responsibility of the employer . But the employee must present a summons certificate. The maximum duration of this period is limited. In some cases it is paid.

Rating
( 2 ratings, average 4.5 out of 5 )
Did you like the article? Share with friends:
Для любых предложений по сайту: [email protected]