Can the employer refuse study leave. Can an employee be denied an educational leave? Can an employer refuse an employee to take study leave?

Questions on the topic:

question: The employee wrote a statement at his own expense for family reasons. In what case can the manager assist in providing this leave?

lawyer: K.M. Belov

status: clarification required

question: The employer asked the court for information about his employee officially. a response to this request was provided. The employee now requires a copy of the request and the response to this request.

Does the employer have the right to refuse an employee? and what to refer to?

lawyer: R.V. Efremov

status: issue resolved

question: The employer refused leave according to the approved written schedule. The employee did not travel to another country and suffered losses. Is it possible to recover damages from the employer? How long after the incident?

lawyer: V.G. Sidorov

status: pending

question: Reflecting on this, as an example: after all, an employer can recall an employee from vacation.

Question Can the employer refuse study leave. I know by law

So why can't I, an employee, not take my vacation, because this is my vacation, I want to take it or not (or am I wrong)?

lawyer: Gofman Yu.A.

status: issue resolved

question: After the child was 1, 5 years old, the woman decided to go to work. But she did not suit the employer as an employee even before she went on vacation. How to fire?

lawyer: K.M. Zbrueva

status: issue resolved

question: After receiving the diploma of a nurse, I entered into a training contract (primary specialization) for an X-ray technician. Can I apply for paid (unpaid) study leave.

lawyer: Narvin A.N.

status: issue resolved

question: Is the employer right to refuse an employee to go to work before the expiration of parental leave under 1.5 years. We are talking about work in a branch of the company, which actually ceased its activities during the period of the employee's maternity leave.

lawyer: Krasnova Z.S.

status: issue resolved

question: Granting an employee 4 additional days of leave to care for a disabled child

lawyer: K.M. Belov

status: issue resolved

question: When withdrawing from the decree, do employers have the right to refuse to provide a job

lawyer: Narvin A.N.

status: clarification required

question: When applying for a job at an educational institution (CYSS), a certificate of extinguished conviction is presented. Can the institution accept such a worker, for example, as a cleaner of office premises?

lawyer: S. S. Krylov

status: pending

question: When drawing up a vacation schedule, the employer does not want to take into account the wishes of the employee. despite the fact that this year the employee (working pensioner) retires. Is it correct?

lawyer: Titov E.G.

status: pending

• vacation is associated with passing exams or defending a diploma (part 1 of article 173, part 1 of article 173.1, part 1 of article 174 of the Labor Code of the Russian Federation);
• the educational organization has state accreditation (part 1 of article 173, part 1 of article 174, part 1 of article 176 of the Labor Code of the Russian Federation).

The organization can provide study leave and employees who study in educational institutionswithout state accreditation. To do this, such a condition must be prescribed in the labor (collective) agreement (part 6 of article 173, part 6 of article 174, part 2 of article 176 of the Labor Code of the Russian Federation). The success of the training is determined by the educational institution in which the employee is studying, in accordance with internal documents, in particular, the charter.

Is the employer's refusal to grant a study leave legal?

Refusal to grant educational leave 173 of the Labor Code of the Russian Federation); employees sent for training by an employer or who enrolled independently in state-accredited educational institutions of secondary vocational education, regardless of their organizational and legal forms in correspondence and part-time (evening) forms of training, successfully studying in these institutions (Art.
174

InfoTK RF); employees who successfully study at state-accredited educational institutions of primary vocational education, regardless of their organizational and legal forms (Article Can an employer refuse study leave? I am the leading specialist of the department, there are also workers, but they are not very competent.
I get my first higher education, but there is a secondary specialized education.
Important: The Institute has state accreditation and I have no academic debt.

If the employer refuses study leave

• employees who study in organizations of general or secondary education (schools, gymnasiums, etc.)

  (part 1 of article 176

The employer is obliged to provide educational leave to these employees, regardless of how long the employee has worked in the organization.
There are no restrictions on the length of service that gives the right to study leave in the legislation.

• education this level the employee receives for the first time or the organization sent for training an employee who already has an education of this level, securing the condition of training in an employment or apprenticeship contract (p.
  1 tbsp. 177 Labor Code of the Russian Federation, letter of the Ministry of Labor of Russia dated November 8, 2013 No. 14-1-187);
• the employee studies successfully (p.
  1 tbsp. 173, part 1 of Art. 174, part 1 of Art.

Can an employer refuse an employee to take a study leave?

No. 1368. At the same time, the duration of the leave indicated in the certificate must not exceed the restrictions established in the legislation.

Caution The maximum duration of paid study leave for general cases is shown in the table.

For the specifics of granting and the duration of study leave to graduate students, adjuncts and residents, see

data in a separate table.

Granting study leave in this case “at the discretion of the employer” is illegal. The Labor Code does not establish the possibility of granting educational leave of a shorter duration, even if there is a written application from the student employee.

Such registration can lead to claims and fines from the side of the inspectors.

Can an employer refuse an employee to take study leave?

1. Provision of paid additional leave (educational) for passing the state final certification is a guarantee that is established by the Labor Code. The guarantees established by the Labor Code are binding on the employer. Change, interpret "at your own discretion" norms Labor Code unacceptable.

Such actions are considered a violation labor legislation, entail penalties and increase the risk of a labor dispute with the employee.

Can an employee be denied an educational leave?

It should also be borne in mind that guarantees and compensations for employees who combine work with training (in particular, the right to leave with the preservation of average earnings) are provided upon receiving an education of the appropriate level for the first time.

That is, for example, an employee studying at a university who already has a higher education does not have the right to claim the above guarantees in the form of paid leave.

But an employee with a secondary specialized education who enrolled in a university has the right to demand that he be granted leave in connection with training.

Annual paid leave cannot "coincide" with an employee's additional leave for training. In accordance with the provisions of Art.

Can they refuse study leave?

An employee who studies by correspondence or part-time in the framework of bachelor's, specialist's or master's programs undergoes a state final certification, the duration of such a vacation can be up to four months (part one of article 173 of the Labor Code of the Russian Federation). 2. When the employee provides a call-out certificate of the established form, the employer is obliged to provide such leave. In this case, the certificate must indicate the duration of the final certification, the timing of its beginning and end. Study holidays are targeted vacations; they are not leisure vacations. Therefore, it is appointed and should be used only within the time limits established by law and confirmed by a certificate.

Recent questions on the topic: ""

Provision of paid educational leave

Hello, I want to ask this question.

I work for a state-owned enterprise and study in absentia in my first year at the university. before that I was in my first year in a different specialty, that is, once I had already re-enrolled from the first year to the first year. All this time, my employer gave me paid study leave in accordance with the Labor Code of the Russian Federation.

In the future, I plan to re-enroll for the third time for another specialty, also different from the first two, also for the first year. Does the employer have the right to refuse to grant me paid educational leave in such a situation? Or is he obliged to give me as many vacations as I want in accordance with the Labor Code of the Russian Federation?

Ivan, Moscow

When the employer has the right to refuse study leave

Lawyer: Sergey Tikhonov

now online

Article 173. Guarantees and compensations to employees who combine work with obtaining higher education for bachelor's programs, specialty programs or master's programs, and employees entering training in the specified educational programs
Employees who are sent for training by an employer or who have enrolled independently for training in state-accredited bachelor's programs, specialist programs or master's programs in correspondence and part-time forms of study and successfully mastering these programs, the employer provides additional vacations with the preservation of average earnings for: (as amended by Federal law dated 02.07.2013 N 185-FZ)
Article 177. Procedure for providing guarantees and compensations to employees who combine work with education (as amended by Federal Law No. 185-FZ of 02.07.2013)

Guarantees and compensations to employees who combine work with education are provided upon receipt of education corresponding level for the first time... These guarantees and compensations can also be provided to employees who already have a professional education of the appropriate level and were sent to receive education by the employer in accordance with an employment contract or an apprenticeship agreement concluded between the employee and the employer in writing.

so the question of the reasons for the transfer, but most likely the employer will provide leave if you have not received an education of the appropriate level.

Refusal to grant study leave by the employer

Hello. The employer is sending to study (advanced training), but refuses to provide study leave with preservation wages... Studying for 1 month, combining with work is extremely inconvenient, study is directly related to my specialty, I will receive it for the first time. I just need high-quality teaching, not a filkin literacy. What to do in such a situation? Does the employer have the right to refuse leave? How to write an application, what documents to be guided by? Thank you in advance.

Olga, Petropavlovsk-Kamchatsky

When the employer has the right to refuse study leave

Lawyer: Alexey Putiy

now online

Hello, In accordance with article 173 of the Labor Code of the Russian Federation Employees sent for training by the employer or who entered training on their own for state-accredited bachelor's, specialist's or master's programsfor part-time and part-time forms of study and successfully mastering these programs, the employer provides additional leaves with the preservation of average earnings for:

passing the intermediate certification in the first and second courses, respectively - 40 calendar days, on each of the subsequent courses, respectively - 50 calendar days (when mastering educational programs higher education in a shorter period of time in the second year - 50 calendar days);

passing the state final certification - up to four months in accordance with the curriculum of the educational program of higher education mastered by the employee;

The Employer is also obliged to provide unpaid leave:
employees admitted to entrance examinations - 15 calendar days;

employees - students of preparatory departments of educational institutions of higher education for passing the final certification - 15 calendar days;

employees enrolled in state-accredited bachelor's programs, specialist programs or full-time master's programs, combining education with work, to undergo intermediate certification - 15 calendar days in the academic year, to prepare and defend the final qualifying work and delivery of the final state exams - four months, for the final state exams - one month.

In turn, guarantees and compensations for employees who combine work with training in non-state accredited bachelor's programs, specialty programs or master's programs are established by a collective agreement or an employment contract.

Thus, it all depends on the educational institution where you plan to study.

What to do if the employer refuses to take study leave?

I work as a teacher and technician part-time in the same institution. At the same time I study at the correspondence department in another city. According to 173 Art. The Labor Code of the Russian Federation, the employer is obliged to provide leave for passing the intermediate certification, but he refuses this (there is a call-out certificate). Is there a way for the employer to make me guilty of being absent from the workplace if I leave for the session anyway?

Dmitry, Vologda

When the employer has the right to refuse study leave

Lawyer: Marina Vladimirova

now online

Dmitry, good afternoon

According to Art. 173 of the Labor Code of the Russian Federation,

Employers who are sent for training by an employer or who have enrolled independently for training under state-accredited bachelor's programs, specialty programs or master's programs in correspondence and part-time forms of study and who successfully master these programs, the employer provides additional leaves with the preservation of average earnings for:

p passing the intermediate certification in the first and second courses, respectively - 40 calendar days, at each of the subsequent courses, respectively - 50 calendar days (when mastering educational programs of higher education in a short time in the second year - 50 calendar days)

The refusal of your manager to provide you with study leave is nothing more than a violation of labor legislation and may entail bringing him to administrative responsibility under Art. 5.27 Administrative Code of the Russian Federation

In this situation, you should write an application for granting you a study leave, attaching a certificate of call to it. Refer the application to the secretary or HR department and request a copy of the application from registration number incoming. Be sure to make a copy of the reference call. When you have a registered application in your hands, you can safely go to the session, you will not be able to dismiss you "under the article" as an employer.

Lawyer: Sergey Kitaev

offline now

Hello Dmitry!

In accordance with Art 177 of the Labor Code Russian Federation"dated 30.12.2001 N 197-FZ:

Guarantees and compensations to employees who combine work with education are provided upon receipt of an appropriate education level for the first time.

If you receive a second higher education (judging by the fact that you work as a teacher, I will assume that you have a higher education), then guarantees for the provision of vacations for intermediate sessions and others may be reflected in your employment contract, collective agreement.

I get my first higher education, study by correspondence, 5th year. The institute has state accreditation. It is officially employed. Does the employer have the right to refuse to grant me an educational leave and its payment, referring to the fact that I study not in my profile and not in a direction from the company?

Galina, Cheboksary

Is it legal for my employer to deny me study leave?

Hello ..... I work and study in absentia in the 2nd year .... first higher education .... the employer refuses to provide study leave based on the fact that I am studying outside the profile ... is he right ??? ??

Alexander, Vorkuta

Can an employer refuse study leave: legal advice

Lawyer: Sergey Berestov

now online

Hello!

According to Art. 177 of the Labor Code of the Russian Federation,

Article 177. Procedure for providing guarantees and compensations to employees who combine work with education

Guarantees and compensations for employees who combine work with education are provided upon receiving an education of the corresponding level for the first time. These guarantees and compensations can also be provided to employees who already have a professional education of the appropriate level and are sent for education by the employer in accordance with an employment contract or an apprenticeship contract concluded between the employee and the employer in writing.

The fact that you are not studying according to your job profile does not matter and does not deprive you of the right to use your study leave.

Apply with a written complaint to the state. labor inspection.

Does the employer have the right to refuse student leave?

does the employer have the right to refuse student leave when entering a diploma.

Lilia, Verkhnyaya Salda

Can an employer refuse study leave: legal advice

Lawyer: Evgeniya Parinova

offline now

Good afternoon, no, it does not have the right, provided that the employee is studying full-time, part-time or part-time (evening / shift) forms of training in an educational institution that has state accreditation. In the absence of educational institution state accreditation, the employee is granted leave only if the collective or labor agreement reflects the condition on the granting of educational leave, regardless of whether the educational institution has the above document.

Guarantees and compensations for employees who combine work with training are provided for in Art. Art. 173 - 177 of the Labor Code of the Russian Federation, as well as Art. 17 of the Federal Law of 22.08.1996 N 125-FZ "On higher and postgraduate professional education."

According to Art. 173 of the Labor Code, employees who are sent for training by the employer themselves, as well as those who entered (enter) an educational institution on their own initiative, also have the right to study leave. In addition, the employer is obliged to provide these holidays, regardless of whether or not the employee's training is related to his labor duties, he began to study before or after hiring and whether or not the employee is on probation.

Recent questions on the topic: "Can the employer refuse an employee to study leave"

The employer refuses to grant a study leave

Hello, at work they do not sign student leave due to the fact that there is a flare at the place of the rector's painting. It is legal?

Alexander Goryunov, Kazan

Can an employer refuse an employee to take study leave?

Lawyer: Alexander Kuznetsov

now online

Hello!

There is no prohibition or permission to use clichés. The employer is simply insured. In the event of a legal dispute, the evidentiary force of such documents may be questioned by the court.

www.garant.ru/consult/account/476309/#ixzz44BAwo5bV

the minimum wage.

By agreement of the parties employment contract reduction of working time is carried out by providing the employee with one day off from work per week or by reducing the length of the working day during the week.
Guarantees and compensations for employees who combine work with training in non-state accredited bachelor's programs, specialist's programs or master's programs are established by a collective agreement or an employment contract.

By refusing you, the employer apparently refers to Art. 177 of the Labor Code of the Russian Federation.

According to Art. 177 of the Labor Code of the Russian Federation: Guarantees and compensations for employees who combine work with education are provided upon receiving an education of the corresponding level for the first time.

This raises the question of what levels of education are and whether bachelor's and master's degrees are the same level of education.

According to Art. 10 of the Federal Law "On Education in the Russian Federation":

5. The following levels of professional education are established in the Russian Federation:
1) secondary vocational education;
2) higher education - bachelor's degree;
3) higher education - specialty, master's degree;
4) higher education - training of highly qualified personnel.

Based on Art. 10 of the Federal Law "On Education in the Russian Federation" bachelor's and master's degrees are different levels of education, and accordingly deny you your rights, referring to Art. 177 of the Labor Code of the Russian Federation, the employer cannot.

experts, help me figure out the following question: the employee finishes training (by correspondence), provided a certificate-call from the educational institution, study leave will be provided from 08/22/2016 to 12/11/2016 - preparation and defense of the diploma, it is very long for us. There is an opinion that, at the discretion of the employer, study leave may not be granted (we have found such examples in our organization - they wrote a diploma without leaving work!), Is this opinion correct? or 2) a part-time employee can write a statement that she, while on study leave, agrees to work, is this permissible?

Answer

Answer to the question:

Paid study leave, for the period of diploma defense, is granted to a student worker only in cases established by the Labor Code. Granting study leave in this case “at the discretion of the employer” is illegal. The Labor Code does not establish the possibility of granting educational leave of a shorter duration, even if there is a written application from the student employee. Such registration can lead to claims and fines from the side of the inspectors.

1. The provision of paid additional leave (study) for passing the state final certification is a guarantee established by the Labor Code. The guarantees established by the Labor Code are binding on the employer. It is unacceptable to change, interpret "at your own discretion" the norms of the Labor Code. Such actions are regarded as a violation of labor laws, entail penalties and increase the risk of a labor dispute with the employee.

Paid study leave is granted if the following conditions are met simultaneously:

An employee receives this level of education for the first time, or the organization sent an employee who already has this level of education for training, securing the condition for training in an employment or apprenticeship agreement (part 1 of article 177 of the Labor Code of the Russian Federation, letter of the Ministry of Labor of Russia dated November 8, 2013 No. 14- 1-187);

The employee learns successfully (part 1 of article 173, part 1 of article 174, part 1 of article 176 of the Labor Code of the Russian Federation);

Vacation is associated with passing exams or defending a diploma (part 1 of article 173, part 1 of article 173.1, part 1 of article 174 of the Labor Code of the Russian Federation);

The educational organization has state accreditation (part 1 of article 173, part 1 of article 174, part 1 of article 176 of the Labor Code of the Russian Federation).

The duration of the study leave is indicated in the inquiry-call. An employee who studies by correspondence or part-time in the framework of bachelor's, specialist's or master's programs undergoes a state final certification, the duration of such a vacation can be up to four months (part one of article 173 of the Labor Code of the Russian Federation).

2. When the employee provides a call-out certificate of the established form, the employer is obliged to provide such leave. In this case, the certificate must indicate the duration of the final certification, the timing of its beginning and end. Study holidays are targeted vacations; they are not leisure vacations. Therefore, it is appointed and should be used only within the time limits established by law and confirmed by a certificate. If the employer provides the employee with a smaller number of days of study leave, even if there is a written application from the employee, such registration, in the opinion of Rostrud, will not fully comply with the requirements of the legislation and may become the basis for bringing the organization to administrative responsibility (Article 5.27 of the Administrative Code of the Russian Federation , Rostrud letter dated September 12, 2013 No. 697-6-1).

Details in the materials of the System Personnel:

Situation: When an organization is obliged to pay an employee a study leave

Which employees are entitled to paid study leave

Additional leave with preservation in connection with studies, or, simply put, paid study leave, must be provided:

• employees who master programs for the training of scientific and pedagogical personnel in graduate school (adjunct), residency programs and assistantships-internships in correspondence form of study ();
• employees who receive education under bachelor's, specialist's and master's programs in higher education institutions by correspondence, part-time and part-time education ();
• employees who study in organizations of secondary vocational education (technical school, college, etc.) by correspondence, part-time and part-time education ();

• employees who study in organizations of general or secondary education (schools, gymnasiums, etc.) ().

The employer is obliged to provide educational leave to the specified employees, regardless of how long the employee has worked in the organization. There are no restrictions on the length of service that gives the right to study leave in the legislation.

Study leave is payable only if the following conditions are met simultaneously:

• an employee receives an education of this level for the first time or the organization sent an employee who already has an education of this level for training, securing the condition for training in labor or (,);
• employee (, Labor Code of the Russian Federation);
• vacation is associated with passing exams or defending a diploma (, Labor Code of the Russian Federation);
• the educational organization has state accreditation (Labor Code of the Russian Federation).

The organization can provide educational leave and employees who study in educational organizations that do not have state accreditation. For this, such a condition must be prescribed in the labor (collective) agreement (, Labor Code of the Russian Federation).

The success of the training is determined by the educational institution in which the employee is studying, in accordance with internal documents, in particular, the charter. Confirmation of the successful training of an employee for the employer is a call-out certificate issued to an employee who combines work with training, and indicating his admission to the next certification: intermediate or final (). The employer does not need to require any other documents to confirm the success of the training (for example, a certificate of absence of debt), as well as to wait for the end of the current session to pay for the study leave.

The organization is not obliged to provide part-time workers. Employees are entitled to study leave only at their main place of work. This is stated in article 287 of the Labor Code of the Russian Federation.

If an employee is studying at two educational institutions at the same time, paid leave is provided only in connection with training in one of them at the employee's choice ().

What is the length of paid study leave

The duration of the study leave will be indicated in the certificate-call from the educational institution, which is approved. At the same time, the duration of the vacation indicated in the certificate should not exceed the restrictions established in the legislation.

The maximum duration of paid study leave for general cases is given in. For the specifics of granting and the duration of study leave to graduate students, adjuncts and residents, see the data in.

A question from practice: can the employer, at the request of the employee, provide a study leave for fewer days than indicated in the call certificate

The legislation does not provide for such an opportunity, therefore, it is not recommended to provide vacation for a smaller number of days than indicated in the certificate-call, even if there is an application from the employee.

Employees who combine work with training are entitled to additional paid study leave. Such rules are established by the Labor Code of the Russian Federation. If there is a certificate-call, which is approved, the employer is obliged to provide such leave. In this case, the certificate must indicate the dates of its beginning and end.

Study leaves have a strictly designated purpose and should be used only within the time limits established by law and confirmed by a certificate. If the employer provides the employee with a smaller number of days of study leave, even if there is a written application from the employee, such registration will not fully comply with the requirements of the law and may become the basis for attracting the organization to ().

Thus, it is not recommended to provide an employee with a study leave of a shorter duration than indicated in the call certificate, even if there is a written statement from the employee, as it can lead to claims and fines from the inspectors.

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