Apprenticeship contract

Apprenticeship contractTypes of apprenticeship contract (Art. 198 of the LC RF)

Apprenticeship contract with an employee of the organization;Apprenticeship contract with a person seeking job.Apprenticeship contract with the employee of organization may be made on the following terms:with a separation from work;without separation from work.Apprenticeship contract with an employee of the organization is additional to the employment contract.Article 202 of the Labor Code, the following organizational forms of apprenticeship:

Individual learning;Team learning;Course training, etc..

Aims for concluding apprenticeship contract Apprenticeship contract is concluded for training or retraining (art.199 of LC RF). Consequently apprenticeship is made out as a supplementary agreement to the employment contract or as an independent apprenticeship contract.Directioning workers or individuals seeking job, to the seminars, short courses and other types of training at the expense ofthe organization are not always required to enter into an apprenticeship contract. Such a contract is concluded only for education, conducted in a specific form (eg,further training).

Norms established in apprenticeship contract

According to the article 203 of the LC RF apprenticeship time during the week should not exceed the norms of working hours established for employees in corresponding age, profession, specialty in carrying out the corresponding work. Workers being trained in the organization, by agreement with the employer may be fully released from work under an employment contract or do the job part-time. During the period of apprenticeship contract workers cannot work overtime, be sent on business trips not related to apprenticeship.

Payment of apprenticeshipArticle 204.

Students in apprenticeship are paid scholarship, the amount, which is determined by the apprenticeship contract, depending on the qualifications obtained, but may not be lower than the statutory minimum wage.The work performed by students on practical classes, paid according to the established rates.

Conditions of apprenticeship contractArticle 206 of of the LC RF

One rule while concluding a contract remains unchanged: the conditions of apprenticeship contract must not contradict the Labor Code, other acts containing norms of labor law, including local statutory regulations, the collective agreement. Otherwise, they may be declared invalid and inapplicable.

Question 1An employee is undergoing training in the organization and works part-time. Can a company send him to a business trip in days free from training, if he does not mind?

Answer:Article 203 of the LC RF established that workers being trained in the organization, by agreement with the employer may be fully released from work under an employment contract or doing the job part-time. However, this article prohibits the sending employees on business trips which are not related to apprenticeship, during the period of apprenticeship contract. Therefore, if the trip is not connected with apprenticeship, sending to such trip would be a violation of labor legislation, even with the agreement of the employee.Question 2How to determine in the apprenticeship contract the size of student's scholarship paid to workers assigned to professional retraining?

Answer: According to Art. 198 of the Labor Code, the employer - legal entity (organization) has the right to conclude with an employee of the organization an apprenticeship contract for training or re-training without separation or with separation from work. This agreement will be additional to the employment contract.The law also obliges the employer to pay the scholarship to students in apprenticeship (Art. 204 of the LC RF). Size of the scholarship is determined by the apprenticeship contract, depending on the profession, specialty, qualification, but can not be lower than the statutory minimum wage. Thank you for attention!