Applying for an internship at the enterprise. How to register an intern so that there are no problems with labor and tax inspectors. The difference between an internship and a probationary period

At the beginning labor activity every person with a specialized education needs time to master skills and receive a job, and gain some experience. The specified period received the name of the internship, which is carried out in accordance with a specific program and within a specified period. In accordance with the legislation, the work of an employee undergoing training is paid.

The main purpose of the internship is to train an employee directly in the process of his production activities. This process is one of the ways to retrain an employee, improve his professional qualifications or obtain specialization after graduation. Upon completion of the internship, the graduate is awarded a certificate of the form established by law.

The importance of pre-training

A person who has only theoretical training is unable to effectively perform job duties, production or technological operations. During the internship, the employee undergoes preliminary training under the guidance of an employee with sufficient experience in the field.

This approach to business allows the student to master the basic techniques of work in a short time and learn practical implementation the responsibilities assigned to him.

A person undergoing an internship is instructed on labor protection and compliance with established rules and safety measures. This is recorded in the journal, where the employee must sign. This document is maintained by a full-time safety engineer or other employee appointed by order of the head of the enterprise for a specific period.

According to law

The regulatory framework defining legal status of a person undergoing an internship at the workplace, regulates his relationship with the employer.

The main provisions are fixed in the following documents:

Article 212 of the Labor Code;
Ordinance No. 1-29 of the Ministry of Education dated 13.01.2003;
Order and 37 of Rostekhnadzor dated January 29, 2007;
GOST 12.0.004-90 clause 7.2.4;
Letter RD-200-RSFSR-12-0071-86-12.

For newly hired workers from among the graduates of educational institutions of the vocational education system, the internship is, in fact, a continuation of the educational process. In the course of her, the young specialist is engaged professional activities and developing the necessary skills. Thus, the knowledge that was acquired in the learning process is consolidated.

By necessity

The employer is interested in the maximum productivity of each of his employees. This can be achieved only if their level of training is high enough. The internship, conducted at the initial stage under the supervision of an experienced mentor, allows you to achieve, in the shortest possible time, the development of the necessary production and technological operations.

This type of labor activity is limited in time, the terms are determined depending on the complexity of the profession and the abilities of the student.

In terms of time, this period can be from 2 to 14 working days or shifts.

The internship is mandatory for the following categories of specialists:

Operators of industrial and technological equipment.
Route drivers vehicle, including trams and trolleybuses.
Employees involved in works representing increased danger for themselves and others.

Based on the results of the internship, a conclusion is made on professional suitability and admission to self-fulfillment is made official duties and work activities.

When applying for a job

The conclusion of a permanent employment contract with an employee is usually preceded, during which his professional suitability is determined. The internship carried out when hiring a job seeker is aimed exclusively at training him and obtaining the necessary practical experience in performing duties.

In accordance with Article 59 of the Code, a temporary agreement may be concluded with such an employee for a specified period. In the vast majority of cases, employees who have successfully completed an internship subsequently conclude a permanent contract.

During the training period, they are subject to all norms labor legislation in terms of wages and other social guarantees.

Unlawful actions of the enterprise management can be appealed to the competent authorities in a specialized inspectorate.

When transferring to another position

During economic activity enterprises often need to fill vacant positions with other employees. The transfer is carried out by order of the employer, while the responsibility for training a new employee is assigned to his boss directly. The manager conducts the initial briefing against signature in the journal and entrusts an experienced employee with control over the actions of a new subordinate.

At the end of the internship, a professional skills test is carried out, which should reveal its suitability for independent work.

The tests can be carried out in the form of a test with a survey on the theoretical part and demonstration of the practical skills of the employee's actions in different situations. Successful passage of this check ends with the issuance of the corresponding certificate.

Timing

In accordance with the current regulations, the training period should be sufficient for the employee to acquire practical skills.

Legislatively, the term is limited by a lower limit of 2 work shifts and an upper limit of 15 days.

During this time, the trainee performs his duties under the guidance of an experienced mentor, who helps him in acquiring the necessary skills. Training is carried out directly in the process of performing operations, which allows you to quickly get used to and get used to the new environment.

Difference from probation

At the beginning of his working career at the enterprise, the employee looks at and assesses the conditions, relationships with the employer. The probationary period aims to legislate the parties' ability to break labor contractif it doesn't suit them. This period can last from three months to six months, with the result it can be a permanent job or a refusal from it.

The internship is aimed at training the employee and is much shorter in time.

It takes from 3 to 15 working days, during which an employee getting a job receives the necessary skills. After obtaining admission, they begin to independently perform their duties. The internship is, in fact, part of the probationary period and is significantly shorter in comparison.

Applying for an internship

Hiring, training employees and other actions of the company's administration are reflected in regulatory acts.

In preparation for the internship and in the process of its implementation, the following documents are drawn up:

order to conduct;
training program;
internship regulations.

Based on the results, the management of the enterprise issues an order on the admission of the employee to the independent performance of functional duties. At the same time, the employee is issued a certificate, a sample, which for certain specialties is approved by the relevant government decree. The development of the above documents is entrusted to the personnel of the personnel departments and the direct supervisor of the internship.

Order

The documentary registration of the employee's internship is carried out in accordance with the procedure for conducting office work established at the enterprise. On behalf of the head, an employee of the HR department or a HR manager prepares a draft order.

The specified document must contain the following data:

full company name;
document's name;
date and name of the settlement.

In the descriptive part, references to regulatory documents are indicated, the main goals and objectives of the internship are determined, responsible persons are appointed: leader, mentor-instructor. The term of the training is assigned and the position for which the appointment of the candidate is planned is indicated.

Position

Internship at the enterprise is carried out in strict accordance with a specially developed regulatory document, which is approved by the head of the enterprise.

The following items must be included in the position:

general requirements on the organization of the process;
the procedure for conducting an internship;
duties officials and trained personnel;
organization of tests and implementation of admission to independent work.

A separate point is the specificity of training certain categories of specialists for independent labor activity.

The regulation defines the general requirements for the preparation and content of the internship program. This document is one of the most important and its development should be approached with full responsibility and thoroughness.

Program

The organization of an employee's internship at the workplace is entrusted directly to the head appointed by the order. His responsibilities include preparing a program for its implementation, which is approved by the superior leader.

Purpose of the internship.
General requirements for the trainee.
List of regulatory and technical documentationto be studied.
Production, job descriptions and functional responsibilities.
Activities for the study of the workplace, production and technological processes within its competence.
Mastering basic skills practical work taking into account safety requirements.
Testing the knowledge and skills gained and passing the test for admission to work.

For each item, the minimum terms in hours or shifts are determined, if necessary, specific dates can be adjusted based on the prevailing circumstances.

End of internship

Upon completion of the activities provided for by the program of the specialty training, the internship manager is obliged to organize the acceptance of tests. Knowledge testing can be carried out both by the head personally and as part of a commission. It usually includes an instructor-mentor and other specialists from both the production site or department.

Based on the results of the tests, a decision is made on professional suitability candidate for the position.

The decision is fixed by an order on admitting the employee to the independent performance of duties. In addition, a corresponding certificate is issued, which is issued to the hands of the employee and confirms his qualifications. Forms of documents are developed in accordance with the standards of office work accepted in the company.

Documents

At the end of the internship at the workplace, the manager prepares a draft order, which includes the following provisions:

References to the regulatory framework.
Information about employees who have successfully completed an internship with an indication of their positions.
Order for admission to independent performance of functional duties.

The order is submitted against signature to all interested employees, and the trainee is given appropriate certificates or certificates, certified by the signature of the head and the seal of the enterprise.

Consequences for the employee

Successful completion of an employee internship means that with next day after passing the tests, he starts independent labor activity.

From that moment on, he is obliged to fully fulfill his functional duties and all the legal orders of his management.

The actions of the administration of the enterprise that are illegal from the point of view of the employee will be appealed to the commission on labor disputes with the participation of the trade union organization of the enterprise.

Many people are familiar with the concept of internship, but not everyone knows in what cases employees are trained. Let's talk about this in the material.

Why intern

During the internship, employees learn in practice to carry out the work that they have to do and study the course of the production and technological process.

The obligation to conduct an internship is established exclusively for employers hiring employees to work with harmful and hazardous working conditions, as well as in other cases directly established by law (Article 225 of the Labor Code of the Russian Federation).

Harmful working conditions are production factors (e.g. noise, vibration, etc.) that could cause illness in the worker.
Hazardous working conditions are occupational factors that can lead to injury or injury to an employee.
(Order of the Ministry of Health and Social Development of Russia of 12.04.2011 No. 302n, Decree of the Government of the Russian Federation of 25.02.2000 No. 163).

So, for example, it is necessary to conduct an internship for workers - drivers engaged in passenger and cargo transportation (guideline document of the Ministry of Avtotrans of the RSFSR dated 01.20.1986 No. RD-200-RSFSR-12-0071-86-12).

The current legislation regulates in which cases an internship is carried out. So, individual internships for managers, specialists, workers and junior service personnel are arranged in the following cases (clause 9.1 of GOST 12.0.004-2015):

when applying for a job;
when transferring to another job with a change in position or job function;
in order to prepare for a possible replacement during the absence of a permanent employee;
for excellence and efficient organization work on labor protection.

In addition to general internships, there are industry requirements. In what cases is an internship carried out at the workplace, for example, in the energy sector? In addition to the above situations, an employee must be trained after a break in work (clause 1.4.8 of the order of the Ministry of Energy of January 13, 2003 No. 6).

The duration of the internship depends on which category the trained employee belongs to:

Documenting

Work internships must be properly completed. Usually the following documents are prepared:

internship regulations;
an order for admission to an internship;
internship program;
order for admission to independent work.

The Internship Regulations reflect the basic rules governing the conduct of this training:
goals and objectives of the internship;
the rights and obligations of the trainee;
the procedure for admission to the internship;
the rights and obligations of the mentor;
terms of the internship;
the order of the event;
responsibility.

The normative documents interpret the definition of the word "internship" differently.

For instance, Labor Code this concept refers to the area. As stated in Art. 212 of the Labor Code of the Russian Federation, an internship at the workplace is the employer's obligation to ensure safety and labor protection conditions, and it is mandatory for every newly hired employee. In clause 7.2.4 of GOST 12.0.004-90 it is written that the internship should be supervised by 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, the internship is canceled. In ch. 1 Letters of the State Committee for Higher Education of the Russian Federation No. 18-34-44in / 18-10 give 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 the duration of the internship and its program.

If the employee has more than 3 years of experience in the specialty, then there is no need to assign him an internship.

Hiring a new employee at a company without an internship is highly questionable. But the law did not provide for a document that would regulate the passage or payment of the probationary period, so this must be decided individual entrepreneur... In Art. 70 of the Labor Code of the Russian Federation talks about testing a future employee before he starts performing his main duties. The period of such a test cannot exceed 3 months, and for leadership 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, according to Art. 59 of the Labor Code of the Russian Federation, occurs under a fixed-term employment contract. This treaty has exactly the same effect as any other. The employee enters into an employment relationship with the employer, which, of course, must be rewarded financially.

Internship payment

The payment for the internship differs from the regular salary only in the amount. The manager has no right to set the remuneration for the trainee less than the minimum wage (minimum wage) established by law. This is indicated in Art. Ch. 37 2 of the Constitution of the Russian Federation. An unpaid internship is illegal. In 2017, the minimum wage is 7,500 rubles.

The manager has no right to set the remuneration for the trainee less than the minimum wage.

The internship procedure can be divided into several stages:

Creation of the position of the internship by the head. It should indicate the timing of its implementation, the rights and obligations of the parties, payments, conditions for a safe passage and subsequent guarantees for the employee.
with the applicant for the position.
Determination of the internship program together with the supervisor.
Conclusion of a fixed-term employment contract with an intern.
Internship.
Analyzing the employee's work, drawing up a detailed review by the manager, determining aptitude.
Hiring or not hiring an employee based on results.

Often, enterprises enter into apprenticeship agreements with various universities and other educational institutions, according to which students gain practical experience in their specialty, study the work process from the inside and draw up a report on the practice based on the results. Internship is not paid because there is no employment contract with trainees. If a student is accepted into the state, formal labor relations appear and, accordingly, remuneration.

Internship is not paid because there is no employment contract with trainees.

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 future labor relations... A properly developed internship program will fully reveal all the talents of an employee, his efficiency in work and the ability to get out of difficult situations.

Government and commercial structures are in dire need of professional staffcapable of performing the assigned tasks. In order to create an optimal team, an internship is conducted for newcomers - potential employees.

Today we will talk about the features of the above event, advantages, purpose, actors, legislative regulation.

An internship is a process of obtaining theoretical and practical skills / skills, the need to develop which is dictated by the specifics of job responsibilities.

The duration of the training event, wages, and the approved training program depend on the complexity and degree of danger of production.

The legislation of the Russian Federation regulates only general provisions on the conduct of an internship, most of the questions about the program and duration are of an individual nature.

Whether an employee's internship is paid for in the company, you will find out in this video:

Purpose and objectives of the workplace internship

Any phenomenon is subject to a causal relationship, staff training is beneficial for both parties.

The trainee receives:

a set of labor qualities and abilities that facilitate the process of further employment;
converting theoretical knowledge into practical application;
raising the level of qualifications;
the opportunity to make sure of the correctness of the chosen profession, to evaluate their strengths in the conditions of work.

The employer receives:

truthful information about the theoretical basis of a potential employee, his abilities and potential;
the ability to correlate the current performance of the trainee with the range of tasks provided for by the job description;
shortened adaptation period for the trainee.

Experts and experienced managers identify several distinctive features learning process:

The event is strictly time-limited.
An internship is a type of labor activity, paid, in accordance with the current legislation, with a fixed-term contract.
The wages of a "temporary" employee are less than that of colleagues in the team.
The actions of the authorized persons are documented.
The training program is developed in advance and corresponds to the specifics of the organizational structure in question.
The trainee is assigned a mentor - an authorized person who oversees the process of continuing education.

The retraining process is designed for inexperienced employees who first encountered industrial practice, students.

drivers of intercity and urban transport;
applicants whose job responsibilities include contact with production equipment;
officials whose work activities are fraught with danger to life;
graduates of higher educational institutions.

Employer other than documenting trainee, is obliged to approve the candidacy of a mentor who oversees the training process. As a rule, these are experienced and highly qualified employees of the organization in question.

The objectives and goals of the workplace internship.

Legislative regulation

The Labor Code, as mentioned earlier, only states general provisions and grounds for conducting an internship. Article 59 identifies several cases where retraining is necessary:

During the primary labor activity of graduates of specialized institutions, universities.
In case of an employee's promotion / demotion.
Because of long absence, transfer to a structural unit, the work process of which is radically different from the previous workplace.

The rules and requirements for retraining are regulated by paragraph 9 of GOST 12.0.004-2015. Features of labor cooperation are spelled out in article 225 (part 3). Rostekhnadzor approved a regulation on the organization of training, testing the knowledge of potential employees, the content of which we will talk about a little later.

TC norms also regulates the lengthy learning process, the size wages (not less than the minimum).

It is important to know! The management can exempt the applicant from the internship. A sufficient condition is the presence professional qualities and a level of qualification consistent with the job description.

The procedure and the main stages of the internship

The internship procedure requires the employer to go through several stages:

Development of a training program, which takes into account the specifics of the theoretical base of the applicant, his level of training and experience.
Acquaintance of the subordinate with: the team structural unit, working conditions, expected job responsibilities, safety requirements in the process cycle. you will find out the rules for induction training on labor protection.
Explaining to the trainee the provisions of the normative package of internal documentation: instructions, regulations, labor protection acts.
Monitoring the implementation of the tasks assigned to the beginner, supervision of improvement / optimization labor process.
Preparation of a report on the results of the internship.

The final process is the collection of a commission, on the decision of which the result of the training process depends.

After studying the testimony of the mentor, he is awarded a positive (admission to independent work) or unsatisfactory (requires retraining) assessment.

The internship order consists of several stages:

is appointed with a supervisor who announces the conditions of the training (duration, responsibilities, salary). An official decree is issued on the retraining of the applicant in question;
development of a program, a journal for recording the results, a responsible person is appointed;
a fixed-term employment contract is concluded, the main feature of which is the duration of work. Then the order for the internship of the applicant is signed. Upon completion of training events, a review is formed, the level of its qualifications and professional suitability are determined.

Internship program

Training activities should meet the following list of objectives:

the subject is obliged to apply theoretical knowledge in practice;
development of practical skills in managing production equipment;
acquaintance with the activities of the enterprise, the technological cycle, manufactured products;
obtaining a qualification level that would correspond to job responsibilities.

The structure of the regulated documentation consists of the following elements:

Labor protection.
Sanitary, hygienic, fire safety regulations.
Ability to use personal protective equipment, provide emergency medical care.
List of employee actions in case emergency, man-made disaster.

The legislation provides for several types of internships.

Order to appoint a person responsible for the internship.

Labor protection practice

It involves the acquisition of theoretical and practical knowledge on the observance of labor protection rules, in accordance with the fulfilled job obligations.

The learning process is reduced to explaining the safe mechanisms for the implementation of the labor process. The duration depends on the level of danger, the complexity of the technological cycle, the workplace.

Internship in specialties

This type of training is used for positions whose responsibilities do not include interaction with special equipment, hazardous work. The authorized person monitors the professionalism of the applicant, to issue a verdict on his professional suitability.

The legislation does not provide for a clear pattern for the design of the internship program, its provisions and content. However, the issues under study should take into account the specifics of the enterprise.

The completion is considered to be an exam designed to test the quality of the acquired skills.

Regulations on retraining

An official document regulates the process of passing an internship, is developed by the head of a structural unit, and approved by higher levels. Its structure consists of:

instructions for the coordination of the training process, responsible persons;
goals, objectives, procedure;
a list of tests and examination papers designed to confirm the success of the internship;
studying programs;
an order initiating an internship, a decree on the admission of an employee to independent work.

Key learning points

The internship registration process is accompanied by the publication of the following documentation:

Application for admission for a trial period - the applicant preliminarily gets acquainted with the provisions, job obligations.
Fixed-term employment contract - differs from the standard only in the presence of a clear time frame for hiring an employee.
Order of enrollment for an internship - here it is indicated: the length of stay at an industrial facility, the position occupied by the employee, responsible persons, links to articles of the Labor Code of the Russian Federation, information about the applicant and mentor, date and document number.

Probation period and payment

The duration of the internship varies, based on the characteristics of the enterprise, position. The average value prescribed in the TC is from three to ten working days. The maximum training duration is two weeks.

The trainee has the right to receive wages, it is paid one-time after the completion of training events. Its size corresponds to the minimum wage ( minimum payment labor determined by the norms of the Labor Code).

The internship is conducted to consolidate the theoretical knowledge obtained during the initial briefing and to obtain practical work skills. In this article, we will explain why the internship program is mandatory and what sections it should contain.

From the article you will learn:

What is an internship program

The program is a local regulation that is developed for planning and conducting internships at workplaces for new employees. This document confirms the fact of a high-quality internship and is necessary for the employer during inspections by regulatory authorities, together with an order and an internship list.

The staff internship program is developed by the head of the unit to which the new employee is sent. It must be coordinated with the labor protection service, with the representative bodies of workers and approved by the head of the organization. In this case, agreement with the trade union committee or other body of workers is mandatory. The approval procedure is detailed in. If there is no employee representative in the organization, then the approval is required only with the labor protection service and personnel service.

All candidates for the position must be informed that they are subject to a mandatory internship prior to being admitted to independent work.

Workplace Internship Program - Sample

Internship programs for other blue-collar jobs you

When is a Workplace Internship Program Needed?

To determine for which positions you need to draw up an internship program, use our advice - be guided by the list of contingents for a medical examination. If positions and professions are not indicated in the position on the internship, draw up such a list and transfer it to the personnel management service.

What the program should include

The program should include calendar plan, as well as a list of questions and types of work that the trainee must perform under the guidance of a mentor. The program must have:

stamp of agreement with the representative body of workers in the upper left corner;
the number of the minutes and the date of the meeting of the trade union committee (if any);
stamp of approval by the head of the organization and the date of approval.

Then an explanatory note is drawn up, in which you need to indicate in accordance with which regulatory legal and technical documents the program has been developed, as well as the maximum number of shifts.

In the section "General Provisions" it is necessary to formulate the purpose of the internship: the intern should receive it.

The next section is the most important - the program itself, consisting of topics and time (number of shifts).

Build a program based on professional standard... For example, for an installer of metal structures, it is necessary to apply the professional standard "Installer of concrete and metal structures", approved. , as well as a unified qualification guide.

Be sure to use the operational documentation - passports for equipment, technical description and drawings for machine tools.

During the internship, the employee must acquire practical knowledge of the operation of equipment new to him. Particular attention must be paid to the safety requirements specified in the operating manual.

The number of hours in the program should be set based on maximum number shifts And already when hiring a new employee in the order or order, put down the number of shifts required in this particular situation. How many hours you need to spend on an internship depends on the knowledge and skills of the employee. If you have experience in the profession, some topics can be completed in an accelerated mode. Make the program according to the scope of tasks for the employee to acquire practical skills. This is determined by the manager of the trainee, after which an admission order is issued, which indicates the calendar dates and the names of the responsible persons.

The program for electrical personnel is developed not by the labor protection service, but by the service of the chief power engineer, for production and technical personnel (machine operators, welders, etc.) - by the VET service of the organization.

Internship programs are developed for each position or individual workplace with harmful and hazardous working conditions, as well as in individual cases, if this is directly specified in the Rules for Technical Operation and in the Rules for Labor Protection (federal norms and rules on industrial safety).