To date, a serious negative trend has formed in the labor market. Many dishonest companies, when hiring, require an employee to complete an internship. A potential specialist, having faithfully worked from two weeks to one month, turns out to be unsuitable for this position, an entry in the work book is not made, and wages for this time are not paid to him. In order not to get into such an unpleasant situation, you need to know what an internship is and whether it should be paid.
What is an internship?
This term can be interpreted in different ways. On the one hand, an internship is a training, or rather a part of this process, an activity to gain practical experience. For example, students must have an internship and try their theoretical knowledge in practice. In addition, they can learn from the inside manufacturing process their future profession. On the other hand, an internship is an opportunity to show your professional skills in a new workplace. After passing it, the manager will be able to conclude whether the company needs such a specialist or whether it is necessary to look for another. In any case, you should always show all your professional skills and theoretical knowledge in order to convince both management and yourself of right choice specialties.
Why is an internship necessary?
The internship is useful in that for the student in the future it gives the opportunity to receive a job offer at the enterprise where he directly passes it.
The most accurate method that allows you to teach how to work safely is to see and show everything in practice. In a working environment, that is, directly at the future workplace. As a rule, the process takes place under the guidance of an experienced employee and mentor. A beginner will never be allowed to work independently. AT this case this applies to interns or inexperienced employees. Professionals in their field are widely known in narrow circles and do not need to prove their working skills. For them, an internship is an opportunity to understand if it suits them. workplace.
In situations where an on-the-job training is mandatory requirement established by law, there is a certain procedure for its passage at the enterprise. It represents an internal normative document and approved by the management of the company.
Who should take the internship?
As mentioned above, both students graduating from universities and citizens who have a certain work experience in their specialty can take an internship. Persons who are trained in the form of an assistant trainee (this is a form of postgraduate training) are assistant trainees. In other words, these are those who have a higher professional education and wish to continue it full-time for the next two years with in-depth teaching.
According to the legislation, work experience for students is unpaid, but the labor activity of already graduates must be rewarded in a predetermined monetary equivalent.
How to arrange?
Like other types of instruction on mandatory labor protection, the internship must be properly arranged. This is necessary for a number of reasons. First of all, so that the inspectors do not succeed in punishing the manager for the lack of training of their employees, and secondly, so that the employee himself cannot make a claim if he gets injured or ill due to his own negligence.
Below is required list the main documents for the internship:
Regulations on the internship;
. program;
. an order for an internship;
. order for admission to independent work.
The internship program is the most important methodological document, which details the main tasks for potential employees of the company.
First of all, you need to fill out the application for an internship. To the whole development process this document must be taken very seriously and responsibly. The fact is that it describes in detail all the rights and obligations of both the trainee and the mentor, as well as the timing and procedure for the internship, general responsibility and other features associated with it.
Workplace internship
The process of mastering and obtaining new knowledge at the official place has its advantages and disadvantages. There are more positives, of course. New employees get the opportunity to get acquainted with the whole range of duties, adequately assess the correctness of the choice of their profession, get to know potential colleagues, and also evaluate their own capabilities and strengths. There is time to adapt to a new workplace. In addition, the employer himself receives a visual aid and time to evaluate the future employee and specialist. An internship is a time that allows an employee to get used to the characteristics of the team, its work schedule, working conditions, as well as other features of the chosen workplace. All this helps to start a full-fledged work activity without additional stress and tension. The disadvantage is that some employers, violating the legislation of the Russian Federation, turn this process into unpaid time full-fledged work, at the end of which a person is fired without monetary compensation. An internship at the workplace is not training, but industrial practice, that is, an activity that must be paid in accordance with the procedure established by law. The size wages always agreed in advance.
To pay or not to pay?
So, faced with the need to undergo an internship, you should clarify all the questions of interest in advance. As mentioned above, the industrial internship for students is unpaid. This is due to the fact that in the process of internship they gain new knowledge and skills that they will need for further employment. Students themselves are interested in getting practical skills. As for the other type of internship, that is, in the workplace, the situation is different here. New employee comes to an open position and sells his skills in order to get a job. During certain period time he provides his services, so an internship is an activity that is useful for a company that is interested in a highly qualified specialist. Here it is necessary to stipulate in advance the amount of wages that the trainee will receive after the end of the internship period.
As can be seen from the above, there are several types of production activities based on a particular company. The issue of wages should be decided in accordance with the law. That is why you should first know your rights and obligations.
There is another option, for example, when an internship is an advanced training. In this case, the company can at its own expense provide its employee with the opportunity to acquire new knowledge. In such a situation, the issue of paying for the internship should be resolved in advance.
In accordance with federal law"On education in Russian Federation» carrying out the practice provided for by the educational program is carried out by educational organizations on the basis of agreements with organizations carrying out activities under the educational program of the corresponding profile. The practice can be carried out directly in an educational organization, but this is more related to educational practice.
Internship carried out in order to obtain professional skills and professional experience.
Between the educational organization and the enterprise, an agreement must be concluded on the passage of industrial practice by pupils / students. Wherein educational organization develops an internship plan, individual tasks, and the enterprise coordinates these documents and provides jobs. Together, the educational organization and the enterprise draw up a work schedule for the practice.
Is it necessary to conclude employment contracts with interns?
No, not required. Currently, the legislation of the Russian Federation does not contain norms regulating the formalization of relations between an organization and a student-trainee.
If the organization has vacant position, the work on which meets the requirements for the content of the practice, a fixed-term employment contract can be concluded with the trainee to fill such a position.
Do trainees need to undergo a preliminary medical examination?
Yes, the enterprise is obliged to send for a preliminary medical examination of student interns who will have an internship with it, if the internship provides for the performance of work during which mandatory preliminary and periodic medical examinations are carried out. At the same time, there is no dependence on the passage of the necessary medical examinations from the presence or absence of employment contracts between the organization and trainees.
Do interns need to be trained in occupational safety?
Yes, this is expressly stated in GOST 12.0.004-2015. Interstate standard. System of labor safety standards. Organization of labor safety training. General provisions”, which entered into force on March 1, 2017.
Is it possible to accept foreign students for practice?
Yes, you can and it will not cause any difficulties. If a foreign student during the internship does not carry out labor activity, the organization will not have grounds for concluding an employment or civil law contract with him, as well as notifying the FMS of Russia.
Note
The issues of organizing internships for students of higher educational institutions are regulated by the Regulations on the practice of students mastering basic professional educational programs higher education, approved by the Order of the Ministry of Education and Science of Russia dated November 27, 2015 N 1383, and the organization of the practice of students in secondary educational institutions - Regulations on the practice of students mastering the basic professional educational programs of secondary vocational education, approved by the Order of the Ministry of Education and Science of Russia dated April 18, 2013 N 291.
What is an internship?
A large number of existing definitions for this concept can confuse anyone. However, the most accurate seems to be the wording given in the Letter of the State Committee for Higher Education of Russia dated March 15, 1996 N 18-34-44in / 18-10 "On the organization and conduct of internships for specialists"
An internship is one of the types of additional professional education for specialists and is carried out in order to form and consolidate in practice professional knowledge, skills and abilities obtained as a result of theoretical training. An internship is also carried out in order to study best practices, acquire professional and organizational skills to perform duties in a current or higher position.
The Labor Code gives two views on the concept of "Internship".
The first one is narrow.
Workplace internship
This is a mandatory stage of training an employee in safe labor practices as part of the initial briefing, which takes place under the guidance of persons appointed by order (instruction, decision) for the workshop (section, cooperative, etc.) after the initial safety briefing for 2 - 14 shifts.
An internship at the workplace can be combined with a probationary period for an employee. The probationary period may exceed the internship period, since it is aimed at slightly different goals - to find out how the employee copes with the work himself.
Employees who are not related to the operation, maintenance, testing, adjustment and repair of equipment, the use of electrified or other tools, the storage and use of raw materials and materials may be exempted from undergoing primary briefing (and hence internships at the workplace). At the same time, the employer must approve the list of professions and positions of employees exempted from primary briefing at the workplace.
The second approach is broader.
Internship - additional professional education
At the same time, the employer has the right to conclude a fixed-term employment contract with an employee undergoing an internship.
What is the difference between an internship and an internship?
The main difference between an internship and practice is that a trainee is an employee who has an employment relationship either with the organization where he is undergoing an internship, or with the organization that sent him on an internship. Unfortunately, the latter option is not described in any way by law, although it is not directly prohibited, and companies using it often have to register it as a business trip, which drastically narrows the possibilities of such an external internship, also called "secondman".
If we consider the first option, then the trainee is registered for work as an ordinary employee with some exceptions:
a fixed-term employment contract can be concluded with the trainee for the entire period of the internship;
the intern's working hours may differ from those established in the organization, it can be both flexible and part-time;
the trainee reports directly to his curator, and in his absence - to the head of the unit or department where he is undergoing an internship.
Otherwise, the trainee, as well as an ordinary employee, must:
be familiar with local acts and job description before signing an employment contract;
get your copy of the employment contract in your hands;
be issued for work by order with making entries in work book;
deduct contributions to funds from wages and pay personal income tax;
obey labor discipline, pass the introductory and primary briefings on safety, fire safety, get overalls and PPE.
Documents for organizing an internship
Regulations on the internship, which will provide for the procedure for its passage, duration, final documents, payment, etc.
An employment contract with a trainee, which will determine the professional and other individual features of the contract, for example, its duration.
Order on hiring an intern in the form T1.
An internship cannot be unpaid - this is a direct violation of labor laws!
Concluding fixed-term contract When determining an internship regime that is convenient for both parties, it must be borne in mind that for adult interns the maximum number of working hours per week is 40, for minors from 16 to 18 years old - 35, for minors from 15 to 16 years old - 24. Minimum size the remuneration of the trainee should not be less than the minimum wage established in the region at the full possible load.
In the season of holidays and vacations, invite students for internships. Find out how production practice is formalized, what norms of laws to follow from the article.
From this article you will learn
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What is an internship?
Before receiving a diploma, future young specialists are sent to work practice. Unlike classes in classrooms and classrooms, trainees are trained at enterprises that have concluded agreements with educational institutions. Leaders themselves choose from which course to take students.
Industrial practice can be organized in the form of short-term employment, and without the conclusion of employment contracts with students. The internship is carried out on the basis of an agreement that an educational institution concludes with an organization. Students develop skills, and the employer gets the opportunity to look at potential staff and select outstanding specialists. If in this moment the staff of the company is completed, you can form a personnel reserve.
Before you search, prepare a position on industrial practice. Include all the main sections in it, list the content of the program. Introduce it to future young professionals.
Well-defined rules regarding, in labor code No, and the algorithm of actions is not registered. A temporary cooperation agreement is not considered a special type of agreement. Therefore, personnel officers often face various difficulties when drawing up a document.
In order to avoid violations, not to go beyond the law, consider the requirements:
- Labor Code of the Russian Federation;
- “Regulations on the practice of students mastering the basic professional programs higher education”, approved by order of the Ministry of Education and Science of the Russian Federation under No. 1383 dated November 27, 2015;
- "Regulations on the industrial practice of students and cadets of educational institutions of secondary vocational education", approved by order of the Ministry of Education of the Russian Federation under No. 1991 of 07/21/1999.
According to the norms, it is possible to accept students of any educational institutions - from colleges to universities. Interns may be placed in positions where the job meets the requirements of the curriculum.
Answered by Nina Kovyazina
Deputy Director of the Department of Medical Education and personnel policy in health care of the Ministry of Health of Russia
The procedure for applying for admission to educational, industrial practice depends on whether the organization and educational institution contract. Often students are sent to organizations where they receive the necessary skills and experience. The duration of the practice is established by the higher educational organization. This follows from paragraphs,,, and the Regulation, which is approved ...
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Organization of work practice
The company hosting trainees must conclude an agreement with the educational institution. The directing side determines the duration and form of industrial training. The contract indicates the name of the organization, type of activity and a number of additional information. When drawing up the contract, use precise wording, since on its basis the university or college issues directions to students.
Editorial tip: if the task is to accept specific students, enter their names in the contract. But many organizations do not specify information about students. Find out what items to include in the agreement on the organization of student internships,.
It is possible to take young specialists for internships without an agreement if the company, on its own initiative, invites students to temporary work. But in this case, it is necessary to conclude an employment contract.
Who manages the production practice at the enterprise?
If an internship is provided for at the enterprise, it is managed by a university or college teacher and a representative of the host organization. The employer appoints by order. In the role of a manager, a production master, an experienced specialist can act.
The teacher's responsibilities include:
- drawing up a plan, program;
- preparation of tasks for the period of study;
- distribution of trainees in places, divisions;
- control of observance of terms, conditions of training;
- assessment of the quality of assignments;
- providing methodological assistance in training, collecting materials.
Instruct the curator to coordinate tasks, prepare jobs, control sanitary regulations and fire safety standards.
Practical situation
Answered by Arina Malaya,
lawyer, expert of the magazine "Kadrovoe delo".
The admission of students under an internship agreement does not have any negative consequences for the organization. In the contract, you can prescribe information only about those students who will have an internship in the company.
How to prepare a field trip report?
The main goal of industrial practice is to consolidate knowledge and develop skills. does not observe the progress of the work, but takes a direct part. His task is to learn techniques, join the process, realize labor potential, write a report on the results. The report summarizes the work, describes its nature. Graphs, statistical data, other documents related to the case are attached to it.
The mentor evaluates the quality of the work. Prepare a work practice report that reflects:
- information about the trainee: full name, specialty, name of the educational institution;
- information about the receiving party;
- a brief description of the tasks to be performed;
- list of personal professional qualities that are seen while the student is working.
There is no unified form. Compose a document in free form or develop a form. At the bottom, put the date, details. Usually, under the characteristic, they put not only the signature of the manager, but also the employee who led the practice - indicating the position, structural unit. Submit the certified paper to educational institution. If the practice was formalized employment contract, issue an order to terminate it, having previously notified the employee.
Organization of industrial practice is a regulated process. Before concluding an agreement with an educational institution, check whether it has a license, what specialists are being trained, as well as reviews. This will avoid a lot of problems.