The Labor Code of the Russian Federation does not contain a detailed definition of the concept of “internship”. The only mention of this states that the employer, when hiring, independently establishes probation new employee. Its duration is usually calculated at 3 months. All nuances regarding the internship must be specified in.

Hiring an intern

The employment of an intern is carried out in an official manner: he writes for a specific position, on the basis of which an order for his admission is issued, and a contract is concluded contract of employment. Next, the HR department enters a record of employment as an intern into the work book.

A job application is written by standard form:

• Business name.
• Position and full name leader.
• Your full name, residential address.
• Request for acceptance into a position as a trainee or apprentice.
• Personal signature and date of writing the application.

The employment contract is drawn up in accordance with the text of the application: if the applicant wishes to train for any position, then the contract is called an apprenticeship contract. It differs from the internship in that the student is assigned a mentor, whose duty is to teach him the profession, accompany the practice and take the exam at the end of the term. When concluding a student agreement, an entry about this is not made in the work book.

If an applicant for a position has a special education and relevant work experience, then it is enough for him to demonstrate his skills in practice, so a standard agreement is concluded with him employment contract with a mention of the duration of the internship.

Regardless of the status of the trainee, it must be formalized in order to avoid complaints from the labor inspectorate.

How is an internship completed?

The internship procedure must be formalized accordingly. The minimum set of documents includes:

1. Internship Regulations– a local act of the enterprise, it defines general issues conducting a probationary period.
2. Internship program– a document that describes the procedure for completing the procedure:

– test period;

– skills that the employee must demonstrate within the allotted period.

1. Employment contract between employee and employer.
2. Order for internship including the following points:

– basis for internship;

– list of probationers;

– mentors from among permanent employees.

The order is signed by the head of the company. Employees who begin an internship and mentors must sign the order, confirming that they are familiar with it.

At the end of the deadline, an order is issued again with the results of the tests passed with a mention of admission to permanent labor activity or o due to the fact that the work results do not meet the employer’s requirements.

Duration of internship

The duration of the internship has changed since March 1, 2017. Before that, its duration did not exceed 2 weeks, excluding weekends. Today, the duration of the internship is determined by the management of the enterprise.

If the employee has the appropriate education and experience in a similar position, then the retraining time does not exceed 19 days. In the absence of these criteria, a longer period may be assigned: from 1 to 6 months.

If an internship is necessary for appointment to a managerial position, the employee is assigned a probationary period of 2 weeks to 1 month.

What is the difference between an internship and a probationary period?

Despite certain similarities in concepts, it is necessary to distinguish between an internship and a probationary period.

– this is the period during which an applicant for a position undergoes tests to determine his professional suitability.

Internship is a broader concept. Its goal is to gain specific professional skills and abilities or training in new technologies. This procedure appointed by the company's management based on the application of the applicant. During the internship, a specific plan for its completion is drawn up. This is usually practiced on large enterprises.

Is the internship paid and how much?

According to the law, any work must be paid, regardless of whether the citizen is a permanent employee or on probation. The Labor Code does not have a separate article devoted to internship issues, but there is a mention of it in Art. 59, therefore employers are guided by it as a provision that should be relied upon when hiring an intern.

The internship is paid to the employee in accordance with the law, but payment is made in a smaller amount than to the main employee. The employee’s salary must be known upon employment.

Interns need to know that they should be paid for their work. For non-payment of salaries to employees, administrative penalties may be applied to the manager - a fine in the amount of 1,000-50,000 rubles.

Differences between an intern and a main employee

The status of the main employee and the trainee, and even more so the trainee-apprentice, differ in several respects:

1. Employment. When applying for a job, the trainee writes a statement indicating the need for an internship or training in a profession. If he does not mention this, then the employer himself assigns a probationary period to the newly hired employee at his own discretion.
2. Wage. The remuneration for the work performed by the trainee may be lower than that of the main employee. If the employer is interested in a specialist hired for a vacancy, then he can set a salary at the same level as permanent employees (see also -).
3. Order for the institution. The text of the order indicates that the employee is undergoing a probationary period for a certain period. If during this time the employer decides that the specialist meets the requirements and accepts him for permanent work, then a new order is issued to hire him for permanent place work.
4. Employment history. Everything is done on the basis of a local act, so the first entry contains information about admission as an intern, and the second – about permanent employment or dismissal.
5. Employment contract. A standard employment agreement is concluded with the intern, as with permanent employees, but it must contain clauses regarding the completion of the internship, indicating its duration, which is due wages for this period and a reference to the article of the Labor Code on the basis of which this clause was included in the contract.

According to the law, an internship must be considered by the employer as a full-time work activity.

In what cases can you do without an internship, and in what cases is it required?

The employer is legally obligated to use internships when employing a new employee. It is necessary for several reasons:

• check his professional skills in the specialty for which he is applying;
• education safe methods labor, conducting all types of briefings in the workplace;
• monitoring the assimilation of instructions - this is especially necessary in enterprises with hazardous working conditions;
• OT knowledge test.

All enterprises where internship is required are under the jurisdiction of Rostechnadzor. These include all production companies associated with severe, dangerous and harmful factors.

Requirements for conducting an internship are also mandatory for workers in other fields, if this is established in separate regulations. If there are no conditions at the enterprise, life threatening or the health of employees, the probationary period is assigned by the employer at his discretion. IN in this case has one goal - to check the suitability of the applicant’s professional skills to perform job responsibilities.

The legislative framework

Certain legal norms that are related to internships are contained in articles of law.

Thus, it turns out that the main point of completing an internship is that it is carried out for citizens entering work for the first time. Main goals: mastering the necessary professional skills or confirming existing ones.

You have come to get a new job workplace, and the employer announces to you: “ The first month you work for free, this is a trial period" To agree or not?

Knowing that a newcomer, wanting to prove his suitability to a new employer, works hard and conscientiously, some unscrupulous employers take advantage of such zeal. And after the probationary period inform the newcomer that for some reason he is not suitable.

Or specially modeled conflict situation so that the newcomer is forced to leave the workplace. Then the dishonest employer looks for a new victim, history repeats itself, the work is done, but there is no need to pay for it.

Everyone knows sad cases of this abuse of legal illiteracy inexperienced trainees. How to legally confirm your right to work for pay during the probationary period? We present you with a comprehensive answer, but first let’s figure out what we mean by the word internship.

The word internship can mean:

• component postgraduate education . When you work for the first time after studying in order to gain work experience in your specialty;
• when registering for new job ‒ probationary period. Internship implies, in addition to direct work, training at a specific workplace in the specifics of work activity. Regulated by Article 70 of the Labor Code of the Russian Federation;
• training in occupational health and safety rules after initial instruction, followed by passing an exam, especially in enterprises with hazardous and dangerous conditions labor. Legislatively, the rules of internship in the field of labor protection are enshrined in 225 of the Labor Code of the Russian Federation;
• appropriate training when transferring an employee to a position that requires different skills.

The main goal of any type of internship is to consolidate in practice the skills, knowledge and abilities acquired as a result of theoretical training.

Admission of a person to work with or without a training process entails employer's obligation to conclude an employment contract (Article 67 and 67.1 of the Labor Code of the Russian Federation).

Article 70 of the Labor Code of the Russian Federation provides for the conclusion of a regular employment contract with the condition of passing a test (probationary period) for newly hired workers, excluding persons entering work for the first time after training in a specialty. With persons hired after vocational training, a fixed-term employment contract, the procedure for registration of which is approved in Article 59 of the Labor Code of the Russian Federation.

If, upon hiring, a regular (not fixed-term) employment contract was drawn up and it does not indicate the testing procedure, it is considered that the employee was hired without a probationary period. After this, the employer does not have the right to establish any tests, except after an appropriate internship.

Drawing up an employment contract obliges the employer to pay for the work of the intern or an employee on probation. Since the employer has the right to independently set the amount of wages during an internship, this point must be discussed in advance.

The employer does not have the right to set a salary during the internship that is less than minimum size , established by the law of the Russian Federation. Still, it is logical that the salary of an intern will be less than the salary of a permanent employee performing the same work.

Duration of internship

Determined depending on the goal and production needs. Upon conclusion fixed-term employment contract under Article 59 of the Labor Code no more than two weeks.

If an employee is hired by an enterprise according to regular employment contract with a probationary period in accordance with Art. 70 of the Labor Code of the Russian Federation, his internship or probationary period may last up to three months. And for leadership positions such period may not exceed six months.

At bad result the employer has the right to terminate the employment contract even before the expiration of the probationary period (Article 71 of the Labor Code of the Russian Federation

An employee who is not satisfied with the conditions at his new place of work has a similar right to terminate the contract. The employee and employer are required to notify each other of their desire three days in advance in the form of an order (for the employer) or a statement (for the employee).

At the same time, the employee it is not necessary to indicate the reasons for early termination of the contract, which cannot be said about the employer. The latter is obliged to confirm his desire with documents, for example, memos, explanatory notes, acts of official inspections. Otherwise, the illegally dismissed employee has the right to go to court.

Hours and shifts

An internship or probationary period does not affect the employee's rights with regard to working hours or night work.

The employer is obliged to comply with regulations regarding the length of the working day stipulated in articles 91-99 of the Labor Code of the Russian Federation in relation to employees on internship or probation.

Employment contract form

The future employee writes an application asking to be accepted for an internship. Based on the application, the employee signs employment contract.

The boss then issues an order to begin the internship. The form of the order is not approved by law, therefore, at each enterprise it can be designed differently in accordance with the specifics of the workplace. The main provisions that should be covered in the order:

• The document appoints a person responsible for training the young specialist. As responsible person Most often the head of a department or section or workshop speaks. This could be a work partner. In addition to the internship supervisor, a mentor-instructor may be appointed;
• the order specifies the duration of the internship;
• when the internship ends, new employee passes a safety exam, testing the knowledge and skills acquired during the internship. This point must also be specified in the order.

The order is signed, in addition to the head of the enterprise, by all persons mentioned in this document.

Before the internship, an initial briefing is carried out, about which a corresponding entry must be made in the briefing log.

Usually after successful completion safety exam, the employer issues order for admission to independent work . If the employee does not pass the exam, non-admission to work is also issued in the form of an order. This procedure is not required in enterprises where no harmful or dangerous working conditions have been established. We will try to answer all your questions in the comments.

Hiring is a procedure performed by personnel officers almost every day. And everything seems to be set up automatically... nevertheless, sometimes questions arise. For example, what if the employee does not have the original education document or does not have military registration documents? In this article we will give answers to these and some other questions that most often arise when applying for a job.

Documents presented when concluding an employment contract

Labor relations are relations based on an agreement between the employer and the employee on the latter’s personal performance for payment of a labor function (work according to the position in accordance with staffing table, profession, specialty indicating qualifications; specific type of assigned work), the employee’s subordination to internal labor regulations while the employer provides working conditions provided for by labor legislation and other acts containing standards labor law, collective agreement, agreements, local regulations, employment contract (Article 15 of the Labor Code of the Russian Federation).

Labor relations arise between an employee and an employer on the basis of an employment contract concluded by them in accordance with the Labor Code of the Russian Federation by agreement. However, an agreement can also be concluded on the basis of election to a position or through a competition, appointment to a position, assignment to work against an established quota, or a court decision to conclude an agreement. In addition, labor relations may arise on the basis of the actual admission of the employee to work with the knowledge or on behalf of the employer or his representative in the case where the employment contract was not properly drawn up.

Article 65 of the Labor Code of the Russian Federation establishes that when concluding an employment contract, a person applying for a job presents to the employer:

— passport or other identification document. Other documents include, for example, a sailor’s passport, or a seaman’s identity card, since in accordance with the Decree of the Government of the Russian Federation of December 1, 1997 N 1508 “On approval of the Regulations on a seaman’s passport,” it is an identity document;

— work book, except for cases when an employment contract is concluded for the first time or an employee is hired on a part-time basis;

- state insurance certificate pension insurance;

- military registration documents - for those liable for military service and persons subject to conscription military service. Such documents, based on clause 28 of the Regulations on Military Registration, approved by Decree of the Government of the Russian Federation of November 27, 2006 N 719, include a certificate of a citizen subject to conscription for military service (for conscripts) and a military ID (temporary certificate issued in place of a military ID) (for those liable for military service);

- a document on education and (or) qualifications or the presence of special knowledge - when applying for a job that requires special knowledge or special training. In addition to educational diplomas, other documents may be required. For example, when you see a doctor, you need to request a specialist certificate, when you see an auditor, you need an auditor’s qualification certificate, etc.;

- a certificate of the presence (absence) of a criminal record and (or) the fact of criminal prosecution or the termination of criminal prosecution on rehabilitative grounds, issued in the manner and in the form established by the federal body executive power, performing the functions of developing and implementing public policy and legal regulation in the field of internal affairs - when applying for a job related to activities, the implementation of which, in accordance with the Labor Code of the Russian Federation, other federal laws, is not allowed for persons who have or have had a criminal record, are or have been subject to criminal prosecution.

Regarding the last document, employers have a question: is the employee himself obliged to provide such a certificate or should the employer make the request? Of course, the employee independently contacts the competent authorities and receives a certificate confirming the presence (absence) of a criminal record and (or) the fact of criminal prosecution or the termination of criminal prosecution on rehabilitative grounds. The employer does not have to do anything.

IN in some cases Taking into account the specifics of work, this Code, other federal laws, decrees of the President of the Russian Federation and decrees of the Government of the Russian Federation may provide for the need to present additional documents when concluding an employment contract (Part 2 of Article 65 of the Labor Code of the Russian Federation). For example, Art. 283 of the Labor Code of the Russian Federation allows, when hiring part-time workers for hard work or work with harmful and dangerous working conditions, to require a certificate about the nature and working conditions at the main place of work. And on the basis of Federal Law dated July 25, 2002 N 115-FZ “On legal status foreign citizens in Russian Federation"from foreign citizen the employer may require a work permit.

Note! It is prohibited to require from a person applying for a job documents other than those provided for by the Labor Code of the Russian Federation, other federal laws, decrees of the President of the Russian Federation and decrees of the Government of the Russian Federation.

Quite often, employers, among other documents, require from the employee a certificate of registration of an individual with tax authority at the place of residence on the territory of the Russian Federation (TIN), and if there is none, they refuse admission. Let's say right away that the request of this document, especially refusal to hire due to failure to provide TIN, is a gross violation of labor legislation. You may ask: how can we do without a TIN, since personal income tax must be transferred from wages and this document is simply necessary? Indeed, it is the TIN that identifies a specific person in the system of taxes and fees, and the employer will need it to transfer personal income tax, but you can only explain to the employee the need for this document.

The employer's requirement to present a document confirming registration at the place of residence or stay when hiring is also illegal. The absence of this document cannot serve as a basis for refusal to conclude an employment contract (Letter of Rostrud dated December 18, 2008 N 6967-TZ).

For your information. When concluding an employment contract for the first time, a work book and an insurance certificate of state pension insurance are issued by the employer.

If a person applying for work does not have a work book due to its loss, damage or for any other reason, the employer is obliged, upon a written application of this person (indicating the reason for the absence of a work book), to issue a new work book.

After presenting all necessary documents the employee is usually asked to write a job application. However, such a statement has lost its significance, since signing an employment contract is mandatory. But if you write an application, it won’t be any worse: this is an interim agreement to go to work, which can be purely psychologically important for the candidate. In addition, if this is the person’s first place of work, then at the end of the application he writes that he has not been given a work book before, and signs it - which means the employer needs to get a work book.

Please note that in some cases an application is still necessary (in most cases in government agencies). In particular, when entering the municipal service, a citizen is required to submit an application with a request to be accepted for this type of service ( the federal law dated 03/02/2007 N 25-FZ "On municipal service in the Russian Federation").

Let's familiarize ourselves with local regulations

Based on Art. 68 of the Labor Code of the Russian Federation, when hiring (before signing an employment contract), the employer is obliged to familiarize the employee, against signature, with the internal labor regulations, other local regulations directly related to the employee’s work activity, and the collective agreement.

Everything is clear with the internal labor regulations - they regulate the procedure for hiring and dismissing employees, the basic rights, duties and responsibilities of the parties to the employment contract, working hours, rest periods, incentives and penalties applied to employees, as well as other regulatory issues labor relations at this employer. The employee must be familiarized with this document. But regarding other local acts, the question arises: which of them should the employee be familiarized with? We answer. It is necessary to familiarize the employee not with all the local acts available in the organization, but only with those that directly relate to his work activity. For example, these may include provisions on remuneration (Article 135 of the Labor Code of the Russian Federation), on the storage and use of personal data of employees (Article 87 of the Labor Code of the Russian Federation), on trade secrets, and on the certification of employees.

Note! The fact of familiarization with local regulations must be confirmed by the employee’s signature. To do this, a log of familiarization with local regulations is started or the employee signs on the familiarization sheet, which is filed with the local regulatory act. It would not be superfluous to include a note about familiarization in the employment contract, for example: “I have become familiar with local regulations before signing the employment contract” (then signature, date).

Why is familiarization necessary, you ask? The fact is that if an employee is not familiarized with local acts relating to his work activities, it will be problematic to hold him accountable in the event of any misconduct. For example, if the employer has not developed and adopted local acts regulating work with confidential information, or employees are not familiar with them, then claims cannot be made against the employee who disclosed such information.

Employment contract and employment order

Article 57 of the Labor Code of the Russian Federation establishes a list of conditions and information that must be included in an employment contract: place of work, job function, start date of work, conditions of remuneration, etc. I would like to focus on the condition of remuneration. Quite often, the following phrase is written in an employment contract: “Payment is carried out in accordance with the staffing table” or “The employee’s salary is established in accordance with the staffing table.” To what extent do these formulations comply with the law? Not by much, and here's why. Based on Art. 135 of the Labor Code of the Russian Federation, the condition on wages is a mandatory condition of the employment contract and its amount is determined in it in accordance with the wage systems in force for a given employer. The official salary is a fixed amount of remuneration (Article 129 of the Labor Code of the Russian Federation). And in the employment contract mandatory The terms of payment must be fixed, and Art. 57 of the Labor Code of the Russian Federation specifies that it is necessary to indicate the size of the tariff rate or salary (official salary) of the employee, additional payments, allowances and incentive payments.

For your information. If an employee began work with the knowledge or on behalf of the employer or his representative without concluding an employment contract, the employer is obliged to draw up such an agreement with him in writing no later than three working days from the date of the employee’s actual admission to work (Article 67 of the Labor Code of the Russian Federation).

We will not consider the wording of other terms of the employment contract - this is a topic for a separate article. We only add that the employment contract is concluded in writing in two copies, each of which is signed by the employee and the employer (Article 67 of the Labor Code of the Russian Federation). One copy is given to the employee, and the other remains with the employer. In this case, we recommend that you obtain written confirmation from the employee of receipt of a copy of the employment contract. It is best if such a mark appears on a copy of the contract kept by the employer.

Based on the employment contract signed by the parties, an order for employment is issued. Let us remind you that since 2013 unified forms, approved by Resolution of the State Statistics Committee of the Russian Federation dated January 5, 2004 N 1, are not mandatory for use, therefore the order can be issued in a form approved by the organization.

In any case, the order must reflect:

— last name, first name, patronymic and position of the employee;

— structural unit (if any);

— salary amount (tariff rate);

— probationary period (if established in the employment contract).

You can specify other conditions that reflect the specifics of work activity (for example, that the employee is hired for part-time work).

Note. The content of the order (instruction) must comply with the terms of the contract.

Based on Part 2 of Art. 68 of the Labor Code of the Russian Federation, the employer’s order (instruction) on hiring is announced to the employee against signature within three days from the date of actual start of work. At the request of the employee, the employer is obliged to provide him with a duly certified copy of the specified order (instruction).

Let us note one nuance when issuing an order - the dates of the order and the start of work may not coincide. For example, the start date of work determined by the employment contract may be later than the date on which the contract was signed and the order was issued. Or, conversely, the order may be issued later than the employee started work (with actual admission); accordingly, the date of the order will be later than the start date of the employment relationship.

Personal card, work book and other documents

Filling out a personal card is an important stage in applying for a job. In addition to the personal card for a scientific and scientific-pedagogical worker, Form T-4 “Registration card of a scientific, scientific-pedagogical worker” is also maintained.

Why is a personal card so important? Because it records information about the employee, as well as all events that happen to him during his working life in specific organization, - transfer, advanced training, provision of leave, etc. In addition, on the basis of the Rules for maintaining and storing work records With each entry made in the work book about work performed, transfer to another permanent job and dismissal, the employer is obliged to familiarize its owner with a signature in his personal card, which repeats the entry made in the work book. As you can see, a personal card is not just a whim, but a requirement of regulations.

For your information. The personal card must be filled out by the personnel officer based on the documents submitted by the employee. Then the card is certified by the signatures of the employee and the personnel officer.

Is it possible to keep a personal card in in electronic format? This question is increasingly worrying personnel officers, as electronic document management In many ways it replaces paper. The instructions for the use and completion of primary accounting documentation forms contained in Resolution No. 1 do not answer the question of in what form cards should be kept - handwritten or electronic. But since when filling out some sections of a personal card, the entries must be certified by the employee’s signature, maintaining personal cards only in electronic form is unacceptable.

Sometimes an employee’s personal card is turned into a kind of personal file, containing copies of documents, statements and other documents related to the employee’s work activity. This is mistake. If the company conducts personal affairs, then personal cards can be placed in them (usually for personal affairs they create a thin cardboard folder with drawstrings).

Let us take a separate look at the work book, since a record of employment must be made in it.

By virtue of Part 3 of Art. 66 of the Labor Code of the Russian Federation employer (with the exception of employers - individuals, who are not individual entrepreneurs) maintains work books for each employee who has worked for him for more than five days, in the case where work for this employer is the main one for the employee. Information about part-time work is entered into the employee’s work book at the place of main work on the basis of a document confirming part-time work.

According to clause 8 of the Rules for maintaining and storing work books, an entry in the work book about employment is made on the basis of the relevant order (instruction), and no later than a week. Now we’ll tell you how to do it correctly.

The main document establishing the rules for making entries in the work book is the Instruction for filling out work books, approved by Resolution of the Ministry of Labor of the Russian Federation of October 10, 2003 N 69. General rule(no matter for a record of admission or dismissal) is that the records are made carefully, with a pen or gel pen, rollerball pen (including ballpoint), light-resistant ink (paste, gel) black, blue or purple and without any abbreviations. For example, it is not allowed to write "pr." instead of "order", "dispatch." instead of "order", "trans." instead of "translated".

Note. The work book of the established form is the main document on the employee’s work activity and length of service (Article 66 of the Labor Code of the Russian Federation).

To make an appointment record, we will be guided by clause 3.1 of the Instructions, according to which, first of all, in column 3 of section. “Work information” of the work book in the form of a heading indicates the full name of the organization, as well as its abbreviated name (if any). Under this heading:

- in column 1 put serial number the entry being made;

— Column 2 indicates the date of employment;

- in column 3, an entry is made about acceptance or appointment to a structural unit of the organization, indicating its specific name (if the condition is about working in a specific structural unit included in the employment contract as essential), the name of the position (work), specialty, profession indicating qualifications;

— Column 4 contains the date and number of the order (instruction) or other decision of the employer, according to which the employee was hired (see sample on page 30).

				Society with limited	Order dated September 11, 2013
				(LLC "Monday")
				Admitted to the planning department
				economist.

If the work book is being drawn up for the first time, then before entering information about the work, you need to indicate information about the employee on the first page (title page).

Some personnel officers in the book of people applying for a job for the first time write the phrase “I had no work experience before being hired by such and such an organization” before the information about the job. This is categorically impossible to do - this entry is not provided for either by the Rules for maintaining and storing work books, or by the Instructions.

What to do when the employee is actually allowed to perform the work, but the employment contract is concluded later? The admission order will be issued at more later date. For example, an employee started work on September 18, but the employment contract and order were issued and signed only on September 20. The entry will look like this:

				Information about hiring, transfer to another permanent job, qualifications, dismissal (indicating reasons and reference to the article, clause of the law)	Name, date and number of the document on the basis of which the entry was made
				Society with limited	Order dated September 20, 2013
				responsibility "Monday"
				(LLC "Monday")
				Accepted into the warehouse complex
				by profession a storekeeper.

Don’t forget to register your work book in the book for recording the movement of work books, indicating the series and number of the book and other information provided for in the form (Appendix 3 to Resolution of the Ministry of Labor of the Russian Federation dated October 10, 2003 N 69). Upon receipt of a work book in connection with dismissal, the employee signs on the personal card and in the book for recording the movement of work books and inserts in them.