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Publication date: 23.04.2024
Legal opinion
Peculiarities of hiring a full-time student
The right of students of higher educational institutions to work outside of school hours is enshrined in Clause 3, Part 1, Art. 62 of the Law of Ukraine "On Higher Education" dated July 1, 2014 No. 1556-VII.
An employer can hire a student regardless of the form of his education. At the same time, such an employee will have the same rights as other employees.
However, there are certain features of hiring students.
The employment relationship between the company and the student begins with the conclusion of an employment contract. Moreover, it can be either a fixed-term (for example, for the vacation period, for seasonal or temporary work), or an open-ended employment contract. The form of an employment contract with a student over the age of 18 can be both written and oral.
But if a minor student is hired, the employment contract is concluded with him only in writing. This is required by Clause 5, Part 1, Art. 24 of the Code of Labor Laws of Ukraine (hereinafter - Labor Code).
A student, even if he studies full-time, is accepted only at the main place of work, unless, of course, he does not work at the main place of work at another employer.
It should be noted that part-time work is considered to be the performance by an employee, in addition to his main, of other regular paid work under the terms of an employment contract in his free time from his main job at the same or another enterprise. However, the relationship between the student and the educational institution is not a labor relationship. Studying for a student is the main type of activity, but not the main place of work. After all, in this case, the very fact of work is missing.By the way, the Plenum of the Ukrainian Academy of Sciences also agrees with the fact that studying, even if it is a full-time study, is not the main place of work of a student (clause 14 of the resolution dated 12.24.1999 No. 13). The Ministry of Social Policy shares this opinion (letters dated 03.22.2006 No. 1993/0/14-06/13, dated 03.12.2007 No. 66/06/186-07 and dated 11.08.2010 No. 214/06/187-10).
Therefore, there is no reason to hire a student as a part-time worker, unless, of course, he works somewhere else under an employment contract and that particular place of work is the main one for him.
The employer's right to establish a trial period when concluding an employment contract with an employee is provided for in Art. 26 of the Criminal Code. At the same time, Part 3 of this article of the Labor Code provides a list of persons who may not be subject to probation upon employment. Among others, this list includes students who have not reached the age of 18, and young workers after graduating from vocational educational institutions; young specialists after graduating from higher education institutions.
lawyer's opinion students can be hired with a probationary period on a general basis, of course, if they have reached the age of 18.
As a general rule, normal working hours (no more than 40 hours per week) can be set for employees over 18 years of age. However, for minor workers between the ages of 16 and 18, a reduced working time of 36 hours per week must be established (Articles 51 and 190 of the Labor Code).
As a rule, if a student really studies on a full-time or evening basis, then he can perform his work duties only in his free time from studying (evenings/mornings or weekends, as well as during vacations).Therefore, in most cases, such persons are hired on a part-time basis. Moreover, this regime can have different variants (Article 56 of the Criminal Procedure Code):
- part-time work, i.e. reducing the duration of daily work;
- a part-time working week, i.e. a reduction in the number of working days per week with the normal length of the working day;
- a combination of part-time work and part-time work week.
Part-time work does not limit the employee's labor rights in any way.
However, it is possible to accept full-time students for full-time work.
legal analysis of the situation: In order to protect the health of minor workers under the age of 18, Art. 192 of the Criminal Code prohibits involving them in:
- night work, that is, before work in the period from 10 p.m. to 6 a.m.;
- overtime work, i.e. before work after the end of the working day of the established duration;
- work on weekends, i.e. on those days that are considered weekends for a minor according to his work schedule.
Analysis of the situation by a lawyer. It is forbidden to use the labor of persons under the age of 18 in heavy work and in work with harmful and dangerous working conditions, as well as in underground work, to involve minors in lifting and moving things, the weight of which exceeds the limits established for them.
Work books are kept for all employees who work at the enterprise for more than 5 days (Article 48 of the Labor Code, Clause 1.1 of the Instructions on the Procedure for Keeping Work Books of Employees, approved by the Order of the Ministry of Labor dated 07/29/1993 No. 58).
That is, the employer is obliged to keep the employment book of such a student employee. A record of hiring personnel is made on the basis of the corresponding order (order) of the head of the enterprise no later than a week.
If the student does not yet have an employment book, then it must be issued according to the same procedure as in the case of the first workplace for an employee.
Legal analysis of the situation, Students working at the enterprise, as well as the rest of its employees, are subject to all the requirements of the Law of Ukraine "On Remuneration" dated March 24, 1995 No. 108/95-VR.
The salary of a student worker, as follows from Art. 3 of this Law cannot be lower than the legally established minimum wage level.
This is also true for student workers with reduced working hours. The employer pays them a salary in the same amount as employees of the corresponding categories for the full duration of daily work (Article 194 of the Labor Code). That is, for the worked monthly rate of time, the salary of a young employee cannot be lower than the minimum amount.If a student worker under the age of 18 is a part-time employee, his work is paid at the piece-rate rates established for adult employees, with an additional payment at the tariff rate for the time during which the duration of his daily work is reduced compared to the duration of the daily work of adult employees (Article 194 of the Labor Code ).
If a student is hired on a part-time basis, his work is paid in proportion to the time worked. In this regard, the monthly wage fund of such an employee may be less than the minimum wage. However, under normal working hours, the employee's salary must not be lower than the minimum wage established by law.
The fact of employment does not affect the student's right to receive a scholarship (if available). Thus, in accordance with Clause 4 of the "Procedure for Awarding and Paying Scholarships" dated 12.07.2004 No. 882 (hereinafter - Order No. 882), scholarships are awarded to students based on the results of their studies at vocational and technical and higher educational institutions (scientific institutions). Clinical residents, graduate students, doctoral students have the right to work part-time (but not more than 0.5 times the rate for the position they hold). At the same time, the academic scholarship is paid in full (clause 19 of Order No. 882).
