Although we have described in detailthe process of obtaining a work permit for a foreign student in Russia, this topic gives rise to various questions and misconceptions. In this article, we will analyze the most popular of them.
Recall the two main conditions for the implementation of labor activity in Russia:
1. The foreigner must be of legal age.
2. A foreigner must have a document allowing him to work.
Note:
foreign students do not need to issue any permits if they work at their educational institution outside of class (including vacations).
Let's move on to questions.
1. What must a student complete in order to be able to work? Patent or Work Permit?
Students of universities with state accreditation who study at the full-time department draw up Work Permit(RNR). Correspondence students and students of non-accredited universities must apply for a patent.
2. I heard that PHP was cancelled.
Work permits for labor migrants entering without a visa have indeed been cancelled. Now they should even if they plan to work from legal entities. But for workers who come to Russia on a visa, for highly qualified specialists and students it remained in force.
3. My university is in Tver. Can I apply for a work permit in Moscow?
No. Do not forget that a student can only work in the profession specified in the permit, and only in the region (city) where his university is located. Therefore, a student of a Tver university will not be able to apply for a RNR in Moscow.
4. What is the validity period of a student PHP?
Student RNR is issued for 1 year, and then it can be extended for the duration of the employment contract, but not longer than the period of study at the university. Please note: if a student has graduated, expelled or taken an academic leave, then the permit will be canceled.
5. List of documents for registration of RNR for a student?
2. Passport.
3. Migration card.
4. Receipt of payment of state duty
5. Labor contract.
6. Certificates of the absence of HIV infection, infectious diseases, drug addiction.
7. Certificate from the university about studying in the main full-time program.
6. What does a university certificate look like?
7. Where can I get an employment contract?
To obtain a permit, a student must have either project employment contract ( not signed by the parties), or a signed employment contract stating that it comes into force after receiving foreigner work permit.
At the same time, it should be taken into account that the employer does not have the right to attract (allow) a foreign student to work until he receives a RNR. (Clause 4 of Article 13 of Law No. 115-FZ).
8. The employer is talking about some kind of quota for RNR...
Registration of a work permit for a foreign student is carried out without taking into account the quotas for the issuance of such permits (paragraph 9 of Article 13.4 of Law No. 115-FZ)
9. Does my employer have to notify the Federal Migration Service about the conclusion of the contract? I'm a student.
You are a foreign citizen, so the employer must notify
The first month of school is coming to an end. Relaxed during the two vacation months, young people began to get used to a busy schedule, life began to boil in institutes and universities. True, many young people did not manage to relax in a normal way over the summer. After all, according to statistics, more than 50% of former and current students have combined and combine their studies at the university with work. Is it good or bad?
As you know, too active guys who get a job almost from the first semester are usually strongly disliked by professors and teachers. Like, he entered the institute - if you please, get knowledge. And if you want to earn money, transfer to an account. But, oddly enough, guys who, due to a busy work schedule, are forced to skip lectures and master the program on their own, sometimes absorb new things with much greater pleasure and even close the session faster than those who are only busy with university affairs. Paradox? But it’s not: work teaches you to be independent, use your time efficiently and just have an adult outlook on life. This was proved by a study recently published by the All-Russian Public Opinion Research Center (VTsIOM), Komsomolskaya Pravda reports.
As it turned out, over the past 15-20 years, the attitude of adults to the fact that smart students have time here and there has changed a lot. It is understandable: no distribution has existed for a long time. And finding a job after the fifth year, if you don’t have at least a minimum work experience in your specialty, is almost unrealistic. Even with a red diploma.
School students are not paid
Contrary to popular belief, studying full-time and working at the same time is not as convenient and profitable as it seems at first glance! Firstly, study holidays last almost two to three times less than those provided to correspondence students and evening students. Compare: correspondence students, according to the Labor Code of the Russian Federation, can carelessly prepare for a session for forty or even fifty (in the last courses) days. And the diaries are given such a vacation only for fifteen. And besides, these "holidays" are not paid!
Secondly, not four, like an ordinary correspondence student, but only three months, you can ask your boss to prepare and defend a diploma. Or take a vacation at your own expense for a month in order to come to the state exams fully armed.
Thirdly, when the whole country and all ordinary clerks celebrate the New Year holidays for more than a week, the full-time student is busy giving up the winter session. And during the holidays he relaxes, because he only has to work!
And fourthly: in the summer, when most of the employees either leave or return from vacations, a full-time student works at full strength. Because in the absence of colleagues, you can prove yourself perfectly, having coped with their work with a bang.
What College Students Should Do
If you entered not an institute, but a full-time department of a college, technical school or college, you can also count on some benefits.
For example, you have every right to ask your boss to give you study leave. Of course, unpaid. True, you will be allowed to prepare for the session only 10 days, for state exams - exactly a month, for the defense of the thesis - two.
Combining a session with a work rush is difficult, but necessary. To get legal study leave for the period of passing exams, you must at least study well.
What are the benefits for working students?
1. Is it possible to study at two faculties or at two universities at once?
Yes. The Federal Law “On Higher and Postgraduate Professional Education” (No. 125-FZ of August 22, 1996) does not prohibit this. But you will receive the guarantees and compensations required by law (see below) only once.
2. Are there any benefits for working students?
Yes. An employee who combines study at a correspondence or evening department with work can, at his request, be given a reduced working week. During the period of release from work, 50 percent of the average salary is due, but not less than the minimum wage.
3. Should the university provide textbooks for part-time students and evening students?
Yes. Students of state universities, regardless of the form of education, have the right to use libraries and information funds free of charge, that is, they can count on the full provision of all types of teaching aids (clause 5, article 16 of the Federal Law).
4. What should I do if my boss or work rush at work does not allow me to pass exams on time?
You shake this problem at the university. Usually such cases are considered by the deputy dean for academic work. And if you are in good standing, then you will almost certainly meet halfway and find a compromise solution. If not, you will most likely earn disciplinary action for not showing up for your exam on time.
5. How long is the study leave?
In accordance with the Labor Code, university students who combine study with work are entitled to study leave. At the same time, the student employee retains his average salary.
But to get a vacation, you need:
- successfully study (that is, have no debts) at the correspondence or evening department;
- it must be the first higher education;
- educational institution must be state accredited.
As for the duration of the vacation, then:
- for passing exams in the 1st and 2nd courses - 40 calendar days during the entire period of study in each course;
- on the third and each of the subsequent courses - 50 calendar days;
- for the preparation, defense of the thesis and passing the final state exams - 4 months;
- for passing only the final state exams - 1 month.
The employer is obliged to provide leave to both the employee-applicant and the student of the preparatory departments - 15 calendar days. True, unpaid.
6. Is it possible to transfer a session?
Only contract servicemen have the right to do so. In other cases - at the discretion of the university. Many educational institutions provide an opportunity to pass exams ahead of schedule, for academic excellence, as well as nonresident part-time students.
7. What can they deduct for?
- for failure;
- for violation of discipline (for example, if during the year he received 3 reprimands);
- if you study at a paid department - for non-payment;
- for appearing at the university in a state of alcoholic or drug intoxication;
- for committing immoral acts (rudeness towards teachers, a fight, etc.).
It is not allowed to expel students during their illness, holidays, academic leave or maternity leave.
If a student believes they have been unfairly kicked out, they can appeal this decision:
- at the rector of the university;
- apply to the state agency in charge of the university;
- in a court.
8. Can a second higher education be free?
No. An exception is only for military personnel transferred to the reserve after 15 years of service, for health reasons or in connection with organizational and staff activities.
Quite often, students, while still studying at the university, are already getting a job.
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For an experienced personnel officer, this moment is not in doubt. But many do not know that there are certain features when hiring students.
What does the law say?
Registration of labor relations with full-time students is regulated by labor legislation.
The main labor law is the Labor Code of the Russian Federation dated December 30, 2001 No. 197-FZ.
Normative base
The conclusion of an employment contract with students is governed by the general rules for drawing up this document.
The rules for drawing up and concluding an employment contract are specified in chapters 10 and 11 of the Labor Code of the Russian Federation.
According to Art. 59 of the Labor Code of the Russian Federation, with full-time students, the employer can conclude that this is due to the fact that most often the student simply looks for a part-time job for the summer.
It should be borne in mind that a minor student combining work and study should be given a reduced working week. This is stated in Art. 92 of the Labor Code of the Russian Federation.
Such a condition must be necessarily spelled out in the training worker.
An adult full-time student has the right to ask the employer to establish a “preferential” work schedule for him - part-time work, for example.
To do this, he must write an application addressed to the employer or discuss this point before signing the contract. This is stated in Art. 93 of the Labor Code of the Russian Federation.
According to Art. 173 of the Labor Code of the Russian Federation and Art. 17 of the Federal Law of August 22, 1996 No. 125-FZ “On Higher and Postgraduate Professional Education”, the employer is obliged to provide working students with paid education for the preparation and passing of intermediate and final exams.
The duration of such leave depends on the course of the trainee and on the basis of the leave.
The shortest vacation is for undergraduate students, and the longest for graduate students. It can reach 4 months.
Pros and cons
When hiring a student, the employer pursues the main goal - after the employee graduates from the university, he will most likely remain working for this particular employer.
Thus, the employer will receive a “ready-made” employee with a higher education.
In addition, a student can be paid a salary much lower than a full-time employee in this position and with a higher education.
But there are also some downsides:
- A student worker may demand that part-time work be established for him.
- A student employee will "leave in session". Study leave is not combined with the main one, so the student will be absent from work longer than other employees. All students are paid exactly the same as full-time employees.
Guarantees and compensation for workers
The guarantees and compensations that the employer must provide to the working student are listed in Art. 173 of the Labor Code of the Russian Federation.
The main guarantee is the provision of leave to continue studies, and the main compensation is paid leave.
In Art. 173 of the Labor Code of the Russian Federation states that the employer is obliged to provide and pay for a student working at his place of leave of duration:
- 40 days a year to pass a session for working undergraduate students at a university in a bachelor's, specialist's or master's program, regardless of the form of education;
- 50 days for passing tests and exams in senior courses, up to graduation;
- up to 4 months for writing a thesis and defending it, as well as for preparing and passing state exams.
These guarantees apply both to full-time students of the university, and to students - part-time students.
For students of secondary vocational education, Art. 174 of the Labor Code of the Russian Federation establishes the following vacation duration:
- 30 calendar days for passing the session for 1st and 2nd year students receiving secondary vocational education;
- 40 days to pass the session on the remaining courses before the end of the training program;
- 2 months to prepare a student for the defense of a thesis and passing state exams.
If the educational institution where the student is studying is located in another city, then the employer is obliged to fully pay for travel for students of universities, and in the amount of 50% for students of technical schools and colleges.
Risks for the employer
When hiring a student, the employer faces certain risks:
- The student will leave for the session - he will be absent from the workplace. To perform his duties, you will need to find another employee who will have to pay extra for a temporary combination. In addition, students need to pay for vacation. The employer "loses" in finance.
- The student has no work experience - he will study theory and gain practice "on the spot" - right at the workplace. The speed and quality of the work performed by such an employee is rather doubtful.
- A student is not the most reliable worker, as he is young and enthusiastic. It may turn out that he quits the job without finishing it.
Design features
When applying for a job, there are some peculiarities.
The documents
To apply for a job, a student must submit the following documents to the employer:
- your passport;
- certificate of study;
- compulsory medical insurance policy;
- work book, if any;
- TIN and SNILS, if any.
When employed for the first time, the employer draws up a work book for the employee, and the employee must receive the TIN and SNILS on their own.
Registration of the contract
When drawing up a contract with a student, it is necessary to take into account:
- The contract must be in writing - Art. 67 of the Labor Code of the Russian Federation;
- the content of the contract must be drawn up in accordance with Art. 57 of the Labor Code of the Russian Federation, the working hours and the rest regime must be discussed with the student in advance;
- students are entitled to part-time work, in accordance with Art. 93 of the Labor Code of the Russian Federation; if the student asks, then this must be reflected;
- if an employee - student is not yet 18 years old, then he can work no more than 35 hours a week - Art. 92 of the Labor Code of the Russian Federation;
- persons under the age of 18 cannot be appointed - Art. 70 of the Labor Code of the Russian Federation.
The employment contract is signed by both parties.
Entry in the work book
If the student's work is the main one, and he has been working for more than 5 days, the employer is obliged to make an entry in the work book. This is stated in Art. 65 of the Labor Code of the Russian Federation.
Records in the labor will look like this (as in the standard case):
Experience
To calculate a pension, an insurance period is required, that is, the period during which contributions to the Pension Fund were deducted for the employee.
This has nothing to do with working hours and the basis for calculating contributions.
Working hours
In accordance with Art. 93 of the Labor Code of the Russian Federation, the employee has the right to ask the employer in writing to set him a part-time working week.
The parties can reach an agreement, so the duration of the student's work week will be any.
If the student is a minor, then according to Art. 92 of the Labor Code of the Russian Federation, he must work no more than 35 hours a week.
Personnel nuances
There are some personnel nuances when applying for students to work. They must be taken into account.
Otherwise, problems with the labor inspection cannot be avoided during the next scheduled or unscheduled inspection.
Hiring a full-time student
Full-time students have the same rights and responsibilities at work as "essential" workers.
A full-time employee has the right to demand part-time work. Employment of a full-time student takes place in accordance with the norms of the Labor Code of the Russian Federation.
If a student is registered for practice, this happens on the basis of an agreement concluded between the employer and the educational institution.
An employment contract with such a student is concluded if the practice is industrial.
Correspondence students
Part-time students are employed under exactly the same conditions as full-time students.
If a part-time student receives an education of this level for the first time, then he is entitled to all compensation and guarantees specified in Art. 173 and 174 of the Labor Code of the Russian Federation.
When receiving education of the same level for the 2nd time, the employer is not obliged to provide the employee with paid leave for taking sessions, as well as pay for travel.
Foreigners
A foreign student receiving a higher or secondary vocational education in our country, upon employment, must present to the employer:
- your passport;
- certificate of education.
The rest of the procedure is exactly the same as when registering a student - a citizen of our country.
Probation
Workers-students are fully covered by the labor legislation.
If the employer decides that a probationary period is needed, he must state this in the employment contract.
If the employee is under 18
If a student worker has not reached the age of majority, then he must work no more than 35 hours a week.
In addition, according to Art. 213 of the Labor Code of the Russian Federation, a minor worker must pass a mandatory employment.
Material liability
If an employment contract is concluded with a student, then he is liable for damage to the property of the employer.
Vacations and sick days
Vacations and sick leave for student workers are paid in the same way as for "basic" workers. The amount of payments depends on the student's working hours.
Scholarships for Russian students are significantly inferior to similar payments in developed European countries.
State assistance is all that a university student can count on, otherwise he will be forced to devote less time to study and be torn between pairs and part-time jobs.
Conditions must be created in the country that allow one to focus on knowledge, so a scholarship is a very burning issue.
The legislative framework
The procedure for paying scholarships is regulated by Article 36 of the Federal Law of December 29, 2012 No. 273-FZ “On Education in the Russian Federation”.
A scholarship is a monetary payment awarded to a student in order for him to strive to master the corresponding educational course. Only the student and graduate student who has chosen the full-time department for study can count on receiving.
If we talk about the timing, then the scholarship should be paid at least once a month.
Kinds
Among the main types of scholarships can be distinguished:
- academic;
- for graduate students;
- social.
Academic directly depends on academic performance and scientific work, and is assigned to students in need of social support.
scholarship fund - this is a source of payment of scholarships, the distribution of which is carried out on the basis of the charter of the institution and in the manner established by the council of the higher education institution. The approval of the document cannot be carried out without the student union and student representatives.
In order to be appointed academic scholarship , the head of the educational institution must sign the relevant order submitted by the scholarship commission. Such payment terminates 1 month after the student was issued an order to expel the student (due to poor progress or graduation). The scholarship committee may include a student union member or student representative. A student studying for "excellent", or "good" and "excellent", or only "good" can count on an academic scholarship.
Graduate student begins to receive a scholarship immediately after the rector signed the enrollment order. Further payments depend on the results of the annual assessment of knowledge (exams).
If a student or graduate student is very interested in educational and scientific activities and has achieved success in it, then he may be assigned increased scholarships. To do this, he needs to write an application to the dean's office and attach all the necessary documents to it.
Who is eligible to receive a scholarship?
The first scholarship is the most enjoyable moment for a student. Anyone who has entered a budgetary place, a full-time department, can count on the usual payment. If a freshman is or, then he should also be paid a social stipend.
Withdrawal can occur after any failed session.
Payouts
At present, scholarships of various kinds (15 titles) are paid on the territory of the Russian Federation.
The amount of this monetary allowance is such that it is unlikely that the student brethren can rejoice at it very much.
Graduate students, residents, interns and doctoral students receive a little more, but it is still very far from what is necessary. True, if a student or graduate student does not have any other source of income, then he has the opportunity to receive some additional scholarship. The most successful manage to receive about 20 thousand rubles a month.
Minimum Scholarship a student in a university is 1571 rubles, in a vocational school - 856 rubles. Despite the not very modest amount, a student studying in a higher educational institution without “triples” can receive about 6 thousand rubles. And if the passing of the session showed “excellent” results, then you can think about higher scholarship , the size of which in different educational institutions varies from 5000 to 7000 rubles. A similar payment for a graduate student ranges from 11,000 to 14,000 rubles. True, in order to receive such substantial scholarships, a student or graduate student must not only shine with knowledge, but also show interest in the social and sports life of the university.
Scholarship increase in 2018-2019
The Ministry of Education last year raised the issue of increasing scholarships for all students studying in educational institutions of the Russian Federation. During the debates, representatives of the Ministry of Education of Russia planned to increase student payments in 2018 by 4.0% which will remain in effect until the end of 2019.
During the first half of this year, it is planned to index scholarships by 6.0% (of inflation) for the 2017-2018 academic year. As a result, payments to students will be increased once again.
Scholarships for 2018-2019 academic years will increase in the following way:
- for 62 rubles. for university students;
- for 34 rubles. for students of technical schools;
- for 34 rubles. for college students.
Features and amount of social scholarship
Receive Social scholarship is entitled to:
In addition, a student who has a certificate in his hands stating that his family's income does not reach the amount established at the place of his registration can apply for a social scholarship. This document must be updated annually.
The social scholarship is stopped if the student has unsatisfactory grades and is restored as soon as he has passed the necessary subjects from the moment the payment was suspended.
Along with a social scholarship, a student has the right to receive an academic one, on a general basis.
The procedure for accrual and payment of presidential and government scholarships
Presidential scholarship can be received by all students who have chosen specialties that are considered a priority for the country's economy. Postgraduate students studying in the Russian Federation can count on receiving only 300 scholarships. The appointment is made annually for a period of 1 to 3 years.
Students who achieve success and special merit may also receive a presidential supplement. The accrual of such a scholarship requires the development of a list of areas in which the development of students will ultimately turn out to be of significant benefit to the state.
Primary requirements to receive a presidential supplement:
- day department;
- half of the subjects within 2 semesters must be passed on "excellent";
- active scientific activity, which led to the achievement of success, confirmed by diplomas or certificates;
- development of innovative inventions or derivation of theories, information about which was published in any Russian publication.
A student who has earned a presidential scholarship has the right to do an internship in Germany, France or Sweden.
A student of a state educational institution of higher and secondary education can also count on receiving government scholarship. To do this, the teacher's council of the institution must nominate several candidates (full-time department, budgetary basis), who are studying in the 2nd year (for the vocational school) and the 3rd year (for the university). A postgraduate student can be admitted to the competition not earlier than from the 2nd year.
The nominated candidate must meet the following requirements:
- high level of achievement;
- publication in a scientific journal;
- participation or victory in any competition, festival or conference held at the All-Russian and international level;
- participation in a grant, all-Russian and regional scientific exhibition;
- the presence of a patent attesting to the authorship of a scientific discovery.
Other student aids
The occurrence of certain circumstances may result in payment to a student or graduate student lump sum, for example, if it has . To do this, the head of the educational institution must receive an application from the student, and the group in which he studies, and the student trade union organization must approve it.
A postgraduate student annually receives an allowance equal to 2 scholarships for the purchase of textbooks. An orphan student or one left without parental care receives an annual allowance for the same needs in the amount of 3 scholarships.
In addition, students are given various compensation:
- for successful full-time education at the expense of budgetary funds;
- academic leave in accordance with medical indications.
Changes for 2018-2019
What categories of students are eligible for scholarships Scholarship per year 2017-2018 2018-2019 Minimum scholarship (academic) college students 856 890 College students 856 890 University students 1571 1633 Social scholarships college students 856 890 College students 856 890 University students 2358 2452 Scholarship, which is paid to residents, assistant trainees, graduate students 3000 3120 Scholarship, which is paid to graduate students working in the natural sciences and in technical areas 7400 7696 For another type of scholarship for distinguished students, see the following video:
In the labor legislation there are no prohibitions and restrictions on the combination of work with full-time education by university students. Therefore, any enterprise has the right to hire such employees, including full-time ones.
Employment of a full-time student should be carried out on a general basis, guided by chapters 10 and 11 of the Labor Code of the Russian Federation.
Many students go to work in their specialty during their studies in the companies of their choice, not only to earn extra money for themselves, but also with the prospect that they will be able to stay in this company after graduation. At the same time, they will already have some experience in this company, and they will be able to get promoted faster.
Registration of labor relations with a full-time student of the university, as with any other employee, must begin with the preparation of an employment contract. This agreement can be concluded both indefinitely and for any period not exceeding five years.
You should also take into account the fact that if for university graduates who graduated less than 1 year ago, who are first registered for work in their specialty, it is forbidden to establish a probationary period, then this prohibition does not apply to full-time university students. Therefore, by agreement of the parties, full-time students may be given a probationary period on a general basis.
Working mode
Since it is rather difficult to combine study and work, full-time students are mainly suitable for part-time work or with a free (flexible) work schedule.
The minimum duration of both the working day and the working week is not established by law. In this regard, the parties to the employment contract have the opportunity to agree on a suitable work schedule for the student worker at their discretion. For example, you can set for him both a reduced work week and part-time work or a shift at the same time. At the same time, the student employee's salary will be calculated in proportion to the hours worked, or its accrual will depend on the amount of work performed by him (Article 93 of the Labor Code of the Russian Federation).
Also, this category of workers can establish a flexible working time regime. This mode of work is characterized by the fact that the beginning of the working day, its end or the total duration is set individually for each employee. In this case, the employee will need to work the appropriate number of working hours in certain accounting periods (day, week, month, etc.) (Article 102 of the Labor Code of the Russian Federation).
Basically, the working hours, as well as the rest time for working full-time students, are negotiated by agreement of the parties for each employee individually. And if it does not coincide with the general rules adopted by this employer, then this must be stipulated in the employment contract (Article 57 of the Labor Code of the Russian Federation).
If, under the terms of an employment contract, a student has a part-time work regime, then this fact does not affect either the duration of his annual main paid leave, or the accounting of his seniority, and does not entail any other restrictions on his labor rights (part 3 of article 93 of the Labor Code of the Russian Federation ).
Admission order
Employment of a full-time student must also be issued by order (form No. T-1). Its content must fully comply with the employment contract signed with this employee.
The student worker should be familiarized with the issued order against signature within three days from the moment he began to perform his duties at the workplace. At the request of this employee, the personnel service must issue him a copy of this order, certified accordingly.
Registration of a work book
For a full-time student, for whom this place of work is the first, the personnel service of the enterprise must issue a work book (part 4 of article 65 of the Labor Code of the Russian Federation). Registration must be made within five days from the date of admission of the student employee to work.
Guarantees and compensation
If a working student of a full-time department receives his education at a state-accredited university for the first time, then guarantees are provided for him to provide him with the leaves he needs for studying without pay (Article 173 of the Labor Code of the Russian Federation):
- when passing intermediate certification -) 15 calendar days in the academic year,
- when preparing and defending the final qualifying work, as well as passing the final state exams -) 4 months,
- when passing the final state exams -) 1 month.
If a working student studies at a university without state accreditation, then such guarantees can be stipulated in the employment contract of this student or in the collective agreement of the company where he works.
