A Claim Against An Employee Who Has Graduated At The Expense Of The Employer

A Claim Against An Employee Who Has Graduated At The Expense Of The Employer
A Claim Against An Employee Who Has Graduated At The Expense Of The Employer

Video: A Claim Against An Employee Who Has Graduated At The Expense Of The Employer

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The Labor Code of the Russian Federation provides for two types of apprenticeship contracts: with an employee who is on the staff of the organization, and with whom, upon completion of training, it is planned to conclude an employment contract (looking for a job). At the same time, training can be carried out both on the basis of the enterprise, and by sending employees to specialized educational institutions.

A claim against an employee who has graduated at the expense of the employer
A claim against an employee who has graduated at the expense of the employer

However, in practice, there is also a third type of student agreement: a tripartite agreement between an enterprise, a university and a target student. The fundamental difference between the last type of apprenticeship agreement from the first two is that the target student is not subject to the internal labor regulations of the enterprise, he does not receive any remuneration from the organization during the training period (except for a scholarship, if provided for by the contract), in no way, even in the form of industrial practice, does not participate in the main activities of the enterprise. Judicial practice follows this path: apprenticeship contracts with employees and job seekers are subject to the norms of the Labor Code of the Russian Federation (this means that the statute of limitations for filing a claim in court is 1 year and disputes arising from such contracts are subject to jurisdiction by district courts, regardless of the amount of the claim). The trilateral agreement for training is civil, that is, when resolving disputes from such agreements, the courts are guided by the Civil Code of the Russian Federation (here the usual limitation period is 3 years and the jurisdiction depends on the size of the claims: up to 50 thousand rubles - magistrates' courts, over 50 tr - district).

Often, persons who are trained at the expense of the employer (or future employer) violate the condition of the apprenticeship agreement about the need to work in the organization for a certain period of time after graduation, or undergo training in bad faith and they are expelled before the end of the apprenticeship period.

The content of the statement of claim largely depends on the text of the student agreement. For example, if the contract says that in the event of dismissal before the term stipulated by the contract, the employee will reimburse all the costs of the employer for his training, then the claim should indicate the requirement to reimburse: the cost of training at an educational institution, the scholarship paid by the employer, the cost of living, travel expenses, etc. etc.

If there is no such condition in the contract, then everything spent is reimbursed in proportion to the time worked, as indicated in the Labor Code of the Russian Federation. At the same time, the reasons for dismissal here also matter, for example, if an employee is dismissed due to layoffs, it is not advisable to demand from him the funds spent on his training. If the student was expelled for academic failure, then only those expenses that the employer actually managed to incur at that time are subject to reimbursement.

In support of the claim, the following documents should be submitted to the court: an apprenticeship agreement, an order for expulsion or an order to terminate an employment contract, a certificate of the cost of training, payrolls on the accrual of a scholarship, if it was paid, etc.

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