The current version of Art. 187 of the Labor Code of the Russian Federation with comments and additions for 2018
Article 187 professional education or additional professional education
When an employer sends an employee to vocational training or additional vocational education with a break from work, the place of work (position) and the average salary at the main place of work are retained. Employees sent for vocational training or additional vocational education away from work in another locality are paid travel expenses in the manner and amount that are provided for persons sent on business trips.
Commentary on Article 187 of the Labor Code of the Russian Federation
The main guarantees established by the commented article for employees sent for vocational training or additional vocational education are expressed in the fact that they retain:
- Place of work, position);
- average salary at the main place of work.
It should be noted that according to the Federal Law "On Education in the Russian Federation", vocational training is a type of education that is aimed at acquiring knowledge, skills and abilities by students and the formation of competencies necessary to perform certain labor, service functions ( certain types labor, official activity, professions). And additional professional programs include professional development programs and programs professional retraining.
Employees from other cities who are sent for training away from their main job are paid daily allowances according to the norms established for business trips on the territory of the Russian Federation (see Decree of the Government of the Russian Federation of October 2, 2002 N 729). Payment for the trainees' travel to and from the place of study, as well as the payment of per diems for the time they are on the way, are carried out at the expense of federal bodies executive power, enterprises (associations), institutions and organizations at the place of the main work of students. At the time of training, students are provided with a hostel with expenses paid by the sending party.
The procedure and amount of reimbursement of expenses associated with business trips are determined by the relevant acts in accordance with.
Consultations and comments of lawyers on Article 187 of the Labor Code of the Russian Federation
If you still have questions on Article 187 of the Labor Code of the Russian Federation and you want to be sure that the information provided is up to date, you can consult the lawyers of our website.
You can ask a question by phone or on the website. Initial consultations are free of charge from 9:00 to 21:00 Moscow time daily. Questions received between 21:00 and 09:00 will be processed the next day.
Judicial Collegium for Administrative Cases, Supervision Case No. 25-G09-17 of October 14, 2009 Judicial Collegium for Administrative Cases, cassation Case No. 24-G09-4 of September 23, 2009 Judicial Collegium for Administrative Cases, cassation Case No. 11-B09 -7 of July 2, 2009 Judicial Collegium for Administrative Cases, supervision Case No. 12-В09-3 of May 21, 2009 Judicial Collegium for Administrative Cases, supervision Case No. 72-Г08-9 of November 5, 2008 Judicial Collegium for Administrative Cases , cassation Full list court decisions with the article “Article 187.
Professional retraining is also carried out to expand the qualifications of specialists in order to adapt them to new economic and social conditions and new professional activity, including taking into account international requirements and standards. As a result of professional retraining, a specialist may be awarded an additional qualification based on the acquired specialty.
Attention
Professional retraining for additional qualification is carried out through the development of additional professional educational programs. Professional retraining and advanced training of specialists are carried out on the basis of contracts concluded by educational institutions for advanced training with executive authorities, public employment services and other legal entities and individuals.
Labor Code Article 187 with comments
Volgograd (Volgograd region)) Judgment in case 2-116/2018 ~ M-80/2018 (21.02.2018, Novoaleksandrovsky district court(Stavropol Territory)) Decision in case 2-1409/2018 ~ M-416/2018 (21.02.2018, Kirovsky District Court of Yaroslavl (Yaroslavl Region)) Decision in case 2-115/2018 ~ M-55/2018 ( 02/21/2018, Otradnensky city court (Samara region)) Decision in case 2-917/2018 ~ М-388/2018 (02/21/2018, Dzerzhinsky city court (Nizhny Novgorod region)) 67/2018 (21.02.2018, Totemsky district court (Vologda region)) Decision in case 2-268/2018 ~ M-103/2018 (21.02.2018, Meleuzovsky district court (Republic of Bashkortostan)) Decision in case 2-1020/ 2018 ~ М-508/2018 (21.02.2018, Zavodskoy district court
When an employer sends an employee to undergo an independent qualification assessment, payment for such an assessment is carried out at the expense of the employer. 1. The commented article establishes guarantees for workers who improve their qualifications, subject to two conditions: the employee must be sent for vocational training or additional vocational education by the employer and his training must be carried out with a break from work.
2.
Important
The need to send an employee to training and additional professional education for the purpose of advanced training is determined by the employer. However, in employment contract, the collective agreement may establish a certain frequency of employee training.
Labor Code Article 187 with comments
Info
Duration school year determined by the constitution of the institution. AT educational institution advanced training are established the following types training sessions and academic work: lectures, practical and seminars, laboratory works, seminars on the exchange of experience, field studies, internships, consultations, coursework, certification, diploma and other educational work.
For all types of classroom studies, the duration of an academic hour is 40-50 minutes.
The current version of Art. 187 of the Labor Code of the Russian Federation with comments and additions for 2018 Article 187. Guarantees and compensations for employees sent by the employer for vocational training or additional vocational education average salary at the main place of work.
Employees sent for vocational training or additional vocational education away from work in another locality are paid travel expenses in the manner and amount that are provided for persons sent on business trips.
Decision in case 2-189/2018 ~ M-30/2018 (02/28/2018, Kanashsky District Court (Chuvash Republic)) Moscow region)) Decision in case 2-435/2018 (2-7704/2017;) ~ М-7598/2017 (27.02.2018, Nizhnevartovsk City Court (Khanty-Mansi Autonomous Okrug)) Decision in case 2-134/2018 ~ М-57/2018 (26.02.2018, Furmanovskiy city court (Ivanovo region)) Decision in case 2-1119/2018 ~ М-130/2018 (26.02.2018, Cherepovets city court (Vologda region)) Decision in case 33 -1266/2018 (26.02.2018, Yaroslavl regional court(Yaroslavl region)) Decision in case 2-117/2018 ~ M-46/2018 (26.02.2018, Krasnoarmeisky district court (Primorsky Territory)) Decision in case 2-69/2018 ~ M-46/2018 (26.02.2018 , Priluzsky District Court (Komi Republic)) Decision in case 2-616 / 2018 ~ M-264 / 2018 (26.02.2018, Krasnoarmeysky District Court of the city of Komi)
Guarantees and compensations for employees sent by the employer for vocational training or additional vocational education When the employer sends an employee for vocational training or additional vocational education with a break from work, he retains his place of work (position) and the average salary at the main place of work. Article TKRF 187 TKRF 187. Guarantees and compensations to employees sent by the employer for advanced training Commentary on Article 187 1.
Article 187 of the Labor Code establishes guarantees for workers who improve their qualifications, subject to two conditions: the employee must be sent for advanced training by the employer and advanced training must be carried out with a break from work. 2. Comments on ST 187 of the Labor Code of the Russian Federation Comments on ST 187 of the Labor Code of the Russian Federation 187 of the Labor Code of the Russian Federation.
And additional professional programs include professional development programs and professional retraining programs. Employees from other cities who are sent for training away from their main job are paid daily allowances according to the norms established for business trips on the territory of the Russian Federation (see Decree of the Government of the Russian Federation of October 2, 2002 N 729). Payment for trainees' travel to and from the place of study, as well as the payment of per diem for the time they are on the way, are carried out at the expense of federal executive bodies, enterprises (associations), institutions and organizations at the place of the main work of trainees. At the time of training, students are provided with a hostel with expenses paid by the sending party. The procedure and amount of reimbursement of expenses associated with business trips are determined by the relevant acts in accordance with the requirements of Art. 168 of the Labor Code of the Russian Federation.
In academies, advanced training institutes, training centers for professional retraining, advanced training and employment of servicemen dismissed from the Armed Forces of the Russian Federation, intersectoral regional centers advanced training and professional retraining of specialists provides for the positions of teachers, as well as scientific, engineering and administrative workers. All positions in accordance with the legislation of the Russian Federation are filled under an employment contract (contract).
Regulations on the procedure for filling positions of scientific and pedagogical workers in a higher educational institution Russian Federation approved Order of the Ministry of Education of Russia dated November 26, 2002 N 4114.
Version Effective01.09.201301.02.2002 Article 187. Guarantees and compensations to employees sent by the employer for vocational training or additional professional education, for independent qualification assessment [Labor Code] [Part Three] [Section VII] [Chapter 28] When an employer sends an employee to vocational training or additional vocational education, to undergo an independent assessment of qualifications for compliance with the provisions professional standard or qualification requirements established federal laws and other regulatory legal acts of the Russian Federation (hereinafter - independent evaluation qualifications), with separation from work, he retains his place of work (position) and the average salary at his main place of work.
To educational institutions additional education include academies (with the exception of academies that are educational institutions of higher vocational education); advanced training institutes (improvements) - sectoral, intersectoral, regional; courses (schools, centers) for advanced training, training centers employment services (see Decree of the Government of the Russian Federation of June 26, 1995 N 610 (as amended
dated March 31, 2003) "On Approval of the Model Regulations on the Educational Institution of Additional Professional Education (Advanced Training) of Specialists". In educational institutions of primary, secondary, higher professional education, advanced training is carried out in structural divisions additional professional education - faculties, intersectoral regional centers, advanced training courses for specialists (see.
Do you think you are Russian? Born in the USSR and think that you are Russian, Ukrainian, Belarusian? No. This is not true.
You are actually Russian, Ukrainian or Belarusian. But you think you are a Jew.
Game? Wrong word. Right word"imprinting".
A newborn associates himself with those facial features that he observes immediately after birth. This natural mechanism is characteristic of most living beings with vision.
Newborns in the USSR for the first few days saw their mother have a minimum of feeding time, and most time we saw the faces of the staff of the maternity hospital. By a strange coincidence, they were (and still are) mostly Jewish. Reception is wild in its essence and effectiveness.
All your childhood you wondered why you live surrounded by non-native people. Rare Jews on your path could do anything with you, because you were drawn to them, while others were repelled. Yes, even now they can.
You cannot fix this - imprinting is one-time and for life. It is difficult to understand, the instinct took shape when you were still very far from being able to formulate. From that moment, no words or details have been preserved. Only facial features remained in the depths of memory. Those traits that you consider your family.
1 commentSystem and Observer
Let us define a system as an object whose existence is not in doubt.
An observer of a system is an object that is not a part of the system it observes, that is, it determines its existence, including through factors independent of the system.
From the point of view of the system, the observer is a source of chaos - both control actions and the consequences of observational measurements that do not have a causal relationship with the system.
An internal observer is a potentially achievable object for the system in relation to which the inversion of the observation and control channels is possible.
An external observer is even an object potentially unattainable for the system, located beyond the event horizon of the system (spatial and temporal).
Hypothesis #1. All-seeing eye
Let's assume that our universe is a system and it has an external observer. Then observational measurements can take place, for example, with the help of "gravitational radiation" penetrating the universe from all sides from the outside. The capture cross section of "gravitational radiation" is proportional to the mass of the object, and the projection of the "shadow" from this capture onto another object is perceived as an attractive force. It will be proportional to the product of the masses of objects and inversely proportional to the distance between them, which determines the density of the "shadow".
The capture of "gravitational radiation" by an object increases its randomness and is perceived by us as a passage of time. An object that is opaque to "gravitational radiation", the capture cross section of which is larger than the geometric size, looks like a black hole inside the universe.
Hypothesis #2. Internal Observer
It is possible that our universe is watching itself. For example, using pairs of quantum entangled particles spaced apart in space as standards. Then the space between them is saturated with the probability of the existence of the process that generated these particles, reaching maximum density at the intersection of the trajectories of these particles. The existence of these particles also means the absence of a sufficiently large capture cross section on the trajectories of objects capable of absorbing these particles. The remaining assumptions remain the same as for the first hypothesis, except:
Time flow
External observation of an object approaching the event horizon of a black hole, if the “outside observer” is the determining factor of time in the universe, will slow down exactly twice - the shadow from the black hole will block exactly half of the possible trajectories of “gravitational radiation”. If the determining factor is internal observer”, then the shadow will block the entire trajectory of interaction and the flow of time for an object falling into a black hole will completely stop for a side view.
Also, the possibility of combining these hypotheses in one proportion or another is not excluded.
Commentary on Article 187
1. Article 187 of the Labor Code establishes guarantees for employees who improve their qualifications, subject to two conditions: the employee must be sent for advanced training by the employer and advanced training must be carried out with a break from work.
2. The need to send an employee for advanced training is determined by the employer. However, in an employment contract, a collective agreement, a certain frequency of advanced training of an employee may be established. In addition, the obligation of the employer to send employees for advanced training at certain intervals may be established by federal laws and other regulatory legal acts.
On the procedure for sending employees to advanced training, see Art. 196 TC and commentary to it.
3. Advanced training can be carried out in various forms, both in the organization itself and in educational institutions of primary, secondary, higher professional and additional education.
Educational institutions of additional education include academies (with the exception of academies that are educational institutions of higher professional education); advanced training institutes (improvements) - sectoral, intersectoral, regional; courses (schools, centers) for advanced training, training centers of the employment service (see Decree of the Government of the Russian Federation of June 26, 1995 N 610 (as amended on March 31, 2003) "On approval of the Model Regulation on an educational institution of additional professional education ( professional development) of specialists".
In educational institutions of primary, secondary, higher professional education, advanced training is carried out in structural units of additional professional education - faculties, intersectoral regional centers, advanced training courses for specialists (see the Decree of the State Committee for Higher Education of Russia "On Approval of the Model Regulations on Structural Subdivisions of Additional Professional Education (Advanced Training) ) specialists organized in higher and secondary special educational institutions RF" dated April 10, 1996 N 2 (BNA. 1996. N 1)).
4. Advanced training includes the following types of training:
Short term (at least 72 hours) thematic training on issues of a specific production, which is carried out at the place of the main work of specialists and ends with passing the appropriate exam, test or defense of the abstract;
Thematic and problematic seminars (from 72 to 100 hours) on scientific, technical, technological, socio-economic and other problems arising at the level of the industry, region, enterprise (association), organization or institution;
Long-term (over 100 hours) training of specialists in an educational institution for advanced training for in-depth study actual problems science, engineering, technology, socio-economic and other problems in the profile of professional activity.
All specified species training involves the release of the employee during the training period from work.
In addition, advanced training can be carried out in the form of an internship, with the aim of forming and consolidating in practice the professional knowledge, skills and abilities obtained as a result of theoretical training, as well as the study of best practices, the acquisition of professional and organizational skills to fulfill the duties of a job or more high office. The internship is also carried out with a separation from the main job.
5. Guarantees provided to the employee in connection with the direction of his employer for advanced training with a break from work, consist in maintaining his place of work (position) and average wages at the main place of work.
On the calculation of average earnings, see Art. 139 of the Labor Code and commentary to it.
Average earnings are maintained for the time spent on training, which is determined on the basis of an order for admission to advanced training and an order for expulsion.
6. When sending for advanced training in another locality, the employee is compensated for the related expenses in the manner and in the amount established for compensation for travel expenses (see Article 168 of the Labor Code and commentary thereto).
