Articles 173-176 of the Labor Code of the Russian Federation establish guarantees and compensations for employees of enterprises who combine work with training and obtaining professional education. These compensations include the provision of additional paid vacations. Small business owners are not always able to afford this benefit, and they may think about how to prevent legal study leave.
Instructions
Step 1
The guarantees stipulated in the specified article are provided only to those employees who receive education of the appropriate level for the first time. You can refuse to give a study leave if the employee receives a second higher or secondary special education. At the same time, it does not matter whether the second education received in the specialty or not, this is not stipulated in the Labor Code in any way.
Step 2
The basis for granting an educational leave to an employee is a call certificate issued by the educational institution in which he is undergoing training. In the event that your employee is studying at several educational institutions at the same time, and today this happens quite often, you legally have the right to deny him an educational leave if it has already been used in accordance with a call-out certificate from another educational institution.
Step 3
When a job in your business is not the primary job for this part-time student, you are also not required to provide study leave. According to Part 1 of Art. 287 of the Labor Code of the Russian Federation, the employer has the right not to provide educational leave to an employee who works part-time. If you wish, of course, you can provide such a vacation, since there is no direct prohibition in the Labor Code of the Russian Federation.
Step 4
All benefits due to a correspondence student: paid study leave, travel to the place of study, etc., are provided only if the educational institution in which he studies has state accreditation. It must be confirmed by a certificate of state accreditation.
Step 5
Another reason not to give a study leave will be the condition of only successful training. The Labor Code of the Russian Federation does not give the exact wording, but it is generally accepted that evidence of successful training is the absence of academic debt for the previous semester, the completion of all work (coursework, laboratory), passing tests in all disciplines provided for by the curriculum, and admission to the next session.
