Internship according to the Labor Code of the Russian Federation article. Internship at the workplace: what the Labor Code of the Russian Federation obliges

Workplace Internship Program - SampleThis document is often required by personnel officers. It describes in detail the knowledge and skills that an employee should gain during the internship. Let's figure out what is needed to create such a program.

When are on-the-job internship programs required by profession?

The need for an internship is provided for by the Labor Code of the Russian Federation. Yes, Art. 212 of this code, among other responsibilities assigned to the employer, mentions the need to train the employee safe ways work, including through briefings, internships and final testing of acquired knowledge and skills. It should immediately be noted that internship is the responsibility of not only the employer, but also the employee: Art. 214 of the code indicates that the employee is required to undergo training in labor protection, including internship.

Internships are divided into 2 types:

The internship can be carried out both during initial employment and during transfer to new job, the execution of which is regulations requires an internship. For example, when training drivers it is used guidance document RD-200-RSFSR-12-0071-86-12 Ministry of Automobile Transport, adopted by the RSFSR. Despite the fact that the document was approved back in 1986, it is still used today, since it has not been canceled or replaced. For example, the Supreme Court of the Russian Federation, when making a decision on the administrative case dated September 22, 2014 No. 34-AD14-5, among other acts, was guided by the provisions approved by this governing document.

To conduct an internship, it is required that the enterprise has a program in place for employees to undergo internships. Moreover, the program is necessary in all cases, because without it it is impossible to competently and correctly determine the stages of the internship and its content.

Typical internship procedure

Regardless of the reasons for which an internship is required, it is usually carried out as follows:

1. Issued employment contract with the employee according to the rules established by the Labor Code of the Russian Federation. It is also possible to draw up an additional agreement to the employment contract if the employee is not hired for an open vacancy, but is transferred within the organization to a position that requires an internship.
2. Instructions are provided regarding methods and techniques for the safe performance of work functions. Unlike an internship, instruction should be carried out for all employees of the enterprise, and not just for those engaged in dangerous work.
3. An order is issued from the manager to send the employee to an internship. The same order appoints a curator (internship director), under whose supervision this event will take place.
4. The internship itself is carried out. Its duration is determined by the on-the-job internship program approved by the enterprise, and completion is recorded in occupational safety logs.
5. At the end of the internship, the employee takes a knowledge exam theoretical foundations safe work in the position.
6. If the exam is passed, an order is issued to allow the employee to work. It is this document that allows him to perform labor functions independently, without the supervision of a curator.

How is a typical workplace internship program structured?

In order for the program to begin to be applied, it must be developed and approved by the management of the enterprise. Wherein specific order its development and approval is not determined by law.

In practice this usually happens as follows:

1. The division of the enterprise in which the internship is to be conducted develops a draft document.
2. The project is coordinated with the labor protection department (or with a specific employee responsible for compliance with safety regulations, if there is no such department in the organization’s structure).
3. The agreed project is approved by order of the enterprise management.

A different procedure is also allowed - in accordance with the rules of office work in force at the enterprise. The main thing is that the program is approved by the director or other person acting on behalf of the organization.

Contents of the internship program, stages of internship by an employee

State regulations do not contain requirements regarding what exactly the internship program should contain and what structural parts it should consist of. In practice, a certain approach has been formed, according to which such a program includes sections describing:

1. The purpose for which the internship is being conducted. It is usually indicated here that the goal is to become familiar with the structure of the unit in which the employee’s work should take place, and the technological and production processes occurring there. Also mentioned among the goals is the development of safe execution skills. labor responsibilities and consolidation of theoretical knowledge related to safety precautions.
2. General requirements. This section of the program contains a list of what the employee must study during the internship (safety instructions, hazardous factors when performing work, etc.). It is also indicated here that the internship is carried out under the guidance of the internship supervisor (supervisor), appointed by order of the organization from among the managers or specialists of the enterprise, and also determines the procedure for admitting an employee to undergo an internship.
3. The content of the program itself, indicating the number of hours or shifts during which the internship should take place.

In general, the program usually includes the following stages:

1. Familiarization with regulatory framework concerning labor protection and safe work rules for a specific profession.
2. Familiarization with the workplace and job responsibilities. Here you can use the job description for a specific profession and the professional standard, if it is used at the enterprise.
3. Studying the rules for preparing the workplace for work and safe work practices.
4. Practical activities performed under the supervision of the internship supervisor (supervisor).

How is the internship program developed?

The content of the program depends on what exactly the employee must master in the new workplace. The duration, in accordance with the procedure for training in labor protection, approved. by Decree of the Ministry of Labor of the Russian Federation and the Ministry of Education of the Russian Federation dated January 13, 2003 No. 1/29 (clause 2.2.3), is established by the employer independently. The only thing you need to rely on here is regulations regarding safety rules when carrying out specific types works

In addition, when developing internship programs, you can use sample program training in labor protection, approved by the Ministry of Labor of the Russian Federation on May 17, 2004. However, it is necessary to take into account that this is a rather generalized document that applies to almost all employees - both workers of all specialties and specialists. It is pointless to copy it entirely, but it is possible and necessary to use its provisions when preparing an internship program at a specific enterprise.

Finally, it is necessary to take into account that in addition to the program, the enterprise must also have regulations on internships - a local regulatory act that determines exactly how an employee undergoes an internship at the workplace. At the same time, the program should not contradict it. Specific regulatory requirements to contents this provision neither, so it is also prepared at the enterprise within the limits established by legal norms.

Where can I download workplace internship programs for free?

Due to the fact that there are no officially approved internship programs, their developers often encounter certain difficulties. Often, employees of enterprises involved in labor protection or workers personnel services they simply don’t know what the corresponding document should look like. This problem is especially acute in newly created enterprises, where documentation for internships is just being developed.

One way to solve this problem is to download samples of ready-made programs from HR and legal websites. This option is quite acceptable, but it must be remembered that any sample requires modification to comply with the conditions prevailing at a particular enterprise.

Government and commercial structures are in dire need of professional employees capable of performing assigned tasks. In order to create an optimal team, internships are carried out for newcomers - potential employees.

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

Internship is the process of obtaining theoretical and practical skills, the need for the development of which is dictated by the specifics of job responsibilities.

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

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

You will find out whether an employee’s internship at a company is paid in this video:

Purpose and objectives of workplace internship

Any phenomenon is subject to a cause-and-effect 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;
• increasing the level of qualifications;
• the opportunity to verify the correctness of the chosen profession, to assess one’s strengths in the conditions labor activity.

The employer receives:

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

Experts and experienced managers highlight several distinctive features learning process:

1. The event is strictly limited in time.
2. Internship is a type of work activity, paid, in accordance with current legislation, under a fixed-term contract.
3. The salary of a “temporary” worker is less than that of his colleagues.
4. The actions of authorized persons are documented.
5. The training program is developed in advance and corresponds to the specifics of the organizational structure in question.
6. A mentor is assigned to the trainee - an authorized person who supervises the process of advanced training.

The retraining process is intended for inexperienced employees who are faced with industrial practice, students.

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

The employer, in addition to documentation trainee is obliged to approve the candidacy of the mentor supervising the training process. As a rule, these are experienced and highly qualified employees of the organization in question.

Legislative regulation

The Labor Code, as mentioned earlier, approves only general provisions and grounds for conducting internships. Article 59 identifies several cases when retraining is necessary:

1. During the initial labor activity of graduates of specialized institutions and universities.
2. In case of promotion/demotion of an employee.
3. Due to a long absence, transfer to structural subdivision, whose labor process is radically different from the previous workplace.

The rules and requirements for retraining are regulated by paragraph 9 of GOST 12.0.004-2015. The specifics of labor cooperation are specified in Article 225 (Part 3). Rostechnadzor has approved a regulation on organizing training and testing the knowledge of potential employees, the content of which we will talk about a little later.

The Labor Code also regulates the lengthy training process and the amount of wages (not less than the minimum).

It is important to know! Management may exempt the applicant from completing the internship. A sufficient condition is the presence professional qualities and level of qualifications corresponding to job responsibilities.

Procedure and main stages of the internship

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

1. Development of a training program that takes into account the specifics of the applicant’s theoretical base, his level of training and experience.
2. Familiarization of the subordinate with: the staff of the structural unit, working conditions, expected job responsibilities, safety requirements in the conditions technological cycle. You will learn what rules are used for introductory training on labor protection.
3. Explaining to the intern the provisions of the regulatory package of internal documentation: instructions, regulations, labor protection acts.
4. Monitoring the completion of tasks assigned to the newcomer, supervising the improvement/optimization of the work process.
5. Preparation of a report on the results of the internship.

The final process is the collection of a commission, on whose decision the result of the learning process depends.

After studying the testimony, the mentor awards a positive (admission to independent work) or unsatisfactory (requires repeated retraining) assessment.

The internship procedure consists of several stages:

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

Internship program

Training activities must meet the following list of tasks:

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

The structure of regulated documentation consists of the following elements:

1. Labor protection.
2. Provisions of sanitary, hygienic, fire safety.
3. Ability to use tools personal protection, provide emergency medical care.
4. List of employee actions in case of emergency situation, man-made disaster.

The legislation provides for several types of internships.

Occupational safety practice

Involves obtaining theoretical and practical knowledge of compliance with labor protection rules, in accordance with the job responsibilities performed.

The learning process comes down to explaining safe mechanisms for implementing the labor process. The duration depends on the level of danger, the complexity of the technological cycle, and the workplace.

Internship by specialty

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

The legislation does not provide a clear template for the design of an internship program, its provisions and content. However, the issues being studied must take into account the specifics of the enterprise.

Completion is considered an exam designed to test the quality of the acquired skills and abilities.

Regulations on retraining

An official document regulates the internship process, is developed by the head of the structural unit, and approved by higher-ups. Its structure consists of:

• instructions for coordinating the learning 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 employee’s admission to independent work.

Training highlights

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

1. Application for admission for a probationary period - the applicant first familiarizes himself with the provisions and job obligations.
2. A fixed-term employment contract differs from a standard one only in the presence of a clear time frame for hiring an employee.
3. Order for enrollment in an internship - this indicates: the duration of stay at the industrial facility, the position held 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.

Duration of probationary period and payment

The duration of the internship varies depending on the characteristics of the enterprise and position. The average value prescribed in the Labor Code is from three to ten working days. The maximum duration of training is two weeks.

The trainee has the right to receive a salary, it is paid one-time after completing the training activities. Its size corresponds to the minimum wage (minimum wage determined by the norms of the Labor Code).

From March 1, 2017, the procedure for conducting internships at the workplace will change significantly.

On-the-job training and on-the-job training are similar procedures for many employers. This is precisely why internships in organizations are not taken seriously enough. In fact, both procedures are necessary to train the employee to perform their duties safely. And both are carried out before work begins. This is their similarity. But there are also significant differences. Thus, training with employees most often takes several hours. An internship involves several work shifts. Instruction is a short theoretical course on how to safely perform work with demonstration practical examples. And during the internship, the employee performs the required duties under the supervision of a mentor, learns to perform the upcoming work in practice, studies production and technological processes.

For whom is on-the-job training a mandatory procedure?

On-the-job training remains mandatory for employees entering work with harmful and dangerous conditions labor. This obligation is assigned to the employer in Article 225 of the Labor Code and clause 11.4 of GOST 12.0.004-2015, which comes into force on March 1, 2017. For example, electrical personnel, miners, metallurgists, oil refining industry workers, miners, etc.

When should you do an on-the-job internship?

From March 1, 2017, on-the-job training for managers, specialists, blue-collar workers and junior service personnel must be carried out:

When they start working;

When transferred to another place of work within the organization with a change in position or work performed;

To prepare for the possible replacement of a permanent employee during absence (illness, vacation, business trip);

For practical development of best practices and effective organization labor protection work.

PREVIOUSLY: The internship was carried out when transferring to another job or when changing the type of equipment or switching to managing other equipment (brand of machine, crane, etc.).

Deadlines for on-the-job internships

From March 1, 2017, the duration of the internship is determined by the head of the department in which the internship employee works. It takes into account the employee’s level of education, qualifications, work experience and other important factors.

For blue-collar workers and junior service personnel who have the necessary qualifications and experience, the internship period should range from 3 to 19 work shifts;

If a blue-collar worker does not have work experience and relevant qualifications, then the internship period, including mastering the issues of labor protection and work safety, should be from 1 to 6 months.

For managers and specialists, the duration of the internship is determined by the employer. Depending on education, training and work experience - from 2 weeks to one month.

PREVIOUSLY: According to GOST 12.0.004-90, which applies to this moment, on-the-job training is carried out during the first 2-14 shifts after initial briefing.

Its duration depends on the nature of the work and the qualifications of the employee.

The document does not differentiate between deadlines for managers, specialists or blue-collar workers.

Attention! The current GOST allows management, in agreement with the labor protection service and the enterprise's trade union, to exempt from internship an employee whose work experience in his specialty is at least 3 years, if he moves from one workshop to another, and the nature of his work and the type of equipment does not change.

This point is not in the new document!

Question from employer: Is it necessary to conduct an on-the-job internship with travel agency employees who work in the office?

Answer: No no need. Only employees who will be engaged in work with harmful or dangerous working conditions must undergo on-the-job training after initial instruction (Article 225 of the Labor Code of the Russian Federation). Office workers do not belong to this category.

Who conducts on-the-job internships?

From March 1, 2017, an internship for workers can be carried out by a work manager, an industrial training instructor or another experienced worker, trained as an occupational safety instructor and having a great practical experience.

As for managers and specialists entering the workforce, their internship can be carried out by a superior or another manager, whom the employer will appoint by decision.

PREVIOUSLY: To conduct the internship, the employer appointed by his order an internship supervisor from among senior employees or specialists.

Question from employer: Do we need to provide on-the-job training to an employee if he moves from one department to another?

Answer: You need to conduct an internship with an employee, but only if the working conditions at the new workplace are harmful or dangerous (Article 225 of the Labor Code of the Russian Federation). If this is not the case, then you can safely transfer the employee to another structural unit without an internship.

How does an on-the-job internship work?

GOST 12.0.004-2015, which comes into force on March 1, 2017, prescribes clear rules for conducting internships for the employer. It states that the internship supervisor must: -- Draw up internship programs and reflect in them specific tasks and deadlines, taking into account the employee’s education, training and work experience of the intern;

Familiarize the probationer with all employees of the department and working conditions.

During the internship new employee must learn the internal labor regulations, the main functions of the department and all the labor protection requirements when performing work;

During the internship, familiarize the intern with the package of documents required for work.

It must necessarily include job description employee, regulations on the unit, internal standards and regulations, local regulations on labor protection and production safety;

Throughout the entire internship period, the supervisor must carefully monitor the work of the trainee, monitor and, if necessary, adjust his actions. After the internship period is over, the manager must free form submit a review of the internship. The results of the internship are summed up by a specially created commission of the employer.

For blue-collar workers there is a qualification commission, and for managers and specialists there is a certification commission. She conducts a qualifying exam. The employer chooses the form himself. The task of the commission members is to assess the level of theoretical and practical training trainee, his level of knowledge of labor protection requirements and draw up the appropriate protocol.

Attention! GOST 12.0.004-2015 does not have clear instructions on the composition and size of the commission. We recommend that you involve at least three people whose work experience and experience will allow them to complete the task assigned to them. If the members of the commission decide that the employee has successfully completed the internship, the head of the department or organization issues an order to allow the intern to work independently. If the results of the internship are negative, the employee should not be allowed to work independently. He must undergo a second internship within one month, after which he must once again pass a test of knowledge of labor protection requirements.

IMPORTANT!!! If an employee was unable to complete an on-the-job internship again and received an unsatisfactory assessment from the commission, the training organizer has the right to consider the issue of his suitability for the profession or position held.

What liability will the employer bear if he does not conduct an on-the-job internship?

On-the-job internship is one of the types of employee training safe methods and methods of performing labor protection work. If an employer allows an employee to work without conducting an internship required by law, the State Labor Inspectorate inspector may impose a fine during the inspection (Part 3 of Article 5.27.1 of the Code of Administrative Offenses of the Russian Federation): officials- from 15,000 to 25,000 rubles, legal entities- from 110,000 to 130,000 rubles for each untrained employee.

Instructions

An internship is not training, but work, the purpose of which is to acquire the necessary safe skills in a certain profession. It can be carried out in various cases and differs in duration and content.

During the day security labor a special place could be dedicated practical classes by use personal funds protection from exposure harmful factors, which take place production process, or which may happen upon the onset emergency. These are respirators, fire extinguishers, protective and other items, the specifics of which directly depend on the profile of the enterprise.

note

World Day for Safety and Health at Work is a holiday celebrated annually on April 28th. It is also an international day of remembrance for workers killed or injured at work. Story world day labor protection began in 1989...

Helpful advice

For these purposes, on Occupational Safety Day the following are considered: - progress in the implementation of territorial and production programs improving labor conditions and safety, labor protection agreements; - compliance with legislation in the field of labor protection; - checking the progress of competitions, months and other regional and municipal activities on labor protection; - the state of work to ensure public control over labor protection...

Many companies offer internship programs. They are designed to help young professionals at the beginning of their career path. Future employees acquire practical experience and skills necessary for the future in the profession of interest to them. And at the same time they will check whether this specialty is suitable for them. So how to do it correctly?

Instructions

The internship must be documented. Before a fixed-term employment or student contract is concluded at the educational institution, a corresponding entry is also made in the work book. If an employer enters into a fixed-term employment contract with an intern, a record of employment is made in the intern’s work book.

Ideally, the internship should be paid, but not all organizations can afford this. In this regard, many believe that internship programs are a method for cheap young professionals or. However, in accordance with the law, if an intern is hired, then he staffing table is installed wage. The trainee's remuneration is determined in accordance with his job function.

note

If an intern is not registered, this is a violation of the current labor legislation of our country.

If it is not an employment contract, but a student contract, then the intern is paid a stipend. The amount of the scholarship depends on the specialty, profession, level of qualifications, but cannot be less minimum size wages.

Helpful advice

Performance certain works, which are related to internships and profession training, and will be the basis for such an employment contract to be concluded. An employee works and studies at the same time. The staffing schedule also indicates the profession and the fact that it is performed by an intern.

The procedure for obtaining an internship for young professionals is a rather complicated but necessary process that requires certain costs. However, guided current laws Russian Federation in this area, every employer can avoid significant mistakes, which sometimes cause great difficulties and lead to rather sad consequences.

IN current conditions young specialist It is very difficult for someone who has just graduated from an educational institution to immediately get a job. That is why various kinds of training are organized, with the help of which he will be able to master practical skills, based on his theoretical knowledge.

Instructions

During the internship, the graduate gains work skills and experience in his specialty, and the employer has the opportunity to select qualified and easily trained personnel. An internship is, first of all, a work activity carried out on the basis of an agreement concluded between the employer and the employment center, which must include the following provisions:
- the rights and obligations of the employer, namely: to provide the trainee with workplace, develop an internship program, appoint a mentor, pay wages specified in the employment contract, send information about the internship to the employment center.
- rights and responsibilities of the employment center, namely: to send university graduates to the organization for subsequent internships, to compensate part of Money allocated by the employer for payment.

For internships, jobs are specially created or allocated at the employer’s production site. In this regard, a special order is issued.

The initiator of the internship can be either the employer or the graduate educational institution duly registered with the employment center.

The internship is carried out on the basis of a program developed by the employer. However, it must take into account labor legislation, labor protection requirements and internal labor regulations, and various local provisions existing in a given organization.

A fixed-term employment contract is concluded between the trainee and the employer, according to which he receives a salary, performs his main job function and is subject to internal labor regulations.

The trainee is assigned a mentor who supervises. At the end of it, he prepares a review of its completion, in which he indicates the positive and negative aspects of the work, personal qualities intern, as well as prospects and recommendations for his employment.

The employer has the right to hire an intern. This is regulated labor legislation. Concluding an agreement with a trainee employee is mandatory. But there are a number of design features, since depending on the agreement, a fixed-term contract, a student contract or an employment contract can be drawn up together with a student contract.

You will need

• - trainee documents;
• - contract form;
• - order form in T-1 form;
• - job application form;
• - company documents;
• - Labor Code of the Russian Federation;
• - seal of the organization.

Instructions

Any employee, including a specialist trainee, must apply for a position. This is a required document when registering labor relations with the employer. The application is signed by the employee (indicating the date of preparation). The content of the document depends on what kind of agreement is taking place: executed by an intern or a student. A deadline is also specified that corresponds to the start and end dates of the internship. The director accepts the application and endorses it in accordance with the rules of office work.

After the trainee's application has been approved (), enter into an agreement. If a decision is made to draw up a fixed-term contract, then indicate the duration of its validity. When the agreement involves the conclusion of a student agreement, study Chapter 32 of the Labor Code of the Russian Federation. Be careful not to violate student rights.

The law allows you to draw up an employment contract together with a student contract. In this case, it means continuing to work in the same position, that is, in the future you will accept employee on a universal basis.

Set the intern's (student's) payment in accordance with the salary specified in the staffing table, if the position is included in the document. You have the right to introduce a staff position, then the salary is set in agreement with the employee. Please note that he has the right to perform duties on a reduced basis working week. Write this down in the contract.

Draw up an order if you hired a trainee employee under a fixed-term contract or an employment contract together with an apprenticeship. Make a referral for the student’s training if a student agreement has been concluded.

When concluding a student agreement, an entry in work book not done. When drawing up a fixed-term contract, the entry looks, for example, as follows: “Accepted for the position of trainee assistant manager.” When dismissing a trainee employee, an entry is made on the basis of an order, which is drawn up upon the expiration of the contract.

Sources:

• All about hiring

Upon completion of their education, students are sent to internship in company. Some educational institutions an independent search and selection of a company is provided where the trainee will be able to gain practical skills. When registering students for positions, follow Chapter 32 of the Labor Code of the Russian Federation. The specifics of concluding an employment relationship depend on the type of contract that is drawn up with the student.

You will need

• - Labor Code RF;
• - trainee documents;
• - referral to work;
• - order forms (form T-1);
• - personal card form;
• - work book form.