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Publication date: 06.05.2024
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Is there provision for payment of labor during production practice?
The procedure and features of practical training by university students and students (students) of vocational technical schools is regulated by:
• Law of Ukraine dated September 5, 2017 No. 2145-VIII "On Education" (hereinafter - Law No. 2145);
• Law of Ukraine dated July 1, 2014 No. 1556-VII "On Higher Education";
• Law of Ukraine dated February 10, 1998 No. 103/98-VR "On Vocational and Technical Education" (hereinafter - Law No. 103);
• Regulations on internships for students of higher educational institutions of Ukraine, approved by Order No. 93 of the Ministry of Education of Ukraine dated April 8, 1993 (hereinafter - Regulations No. 93);
• The procedure for providing workplaces for students and trainees of vocational educational institutions to undergo industrial training and practical training, approved by Resolution No. 992 of the Cabinet of Ministers of Ukraine dated June 7, 1999 (hereinafter – Procedure No. 992).
The specified normative legal acts of Ukraine establish the specifics of the organization of internships for students of higher educational institutions (colleges, institutes, universities, academies; hereinafter - universities) and students (students) of vocational and technical educational institutions (hereinafter - vocational training institutions), in particular in the part that concerns the issue of concluding employment contracts and remuneration during internship.Internship by students of higher educational institutions
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Students' practice is an integral part of the process of training specialists in higher educational institutions and is carried out on appropriately equipped bases of educational institutions, as well as at modern enterprises and organizations in various fields of economy, education, health care, culture, trade and public administration.
In junior courses, one of the practical tasks can be for students to master a labor profession from among the mass specialties of the field, which corresponds to the field of study.
The final link of practical training is the students' pre-diploma practice, which is carried out before the completion of the qualification work or diploma project. During this practice, theoretical knowledge from all disciplines of the curriculum is deepened and consolidated, actual material is selected for the performance of a qualification work, a diploma project or taking state exams. (clause 1.4 of Regulation No. 93).
Internships of university students are conducted on practice bases that must meet the requirements of the program. Sectoral ministries and departments that have universities under their authority, in agreement with the Ministry of Education of Ukraine, can secure enterprises for them for a period of up to 5 years.
If higher education institutions have state or regional orders for the training of specialists, the list of practice bases is provided to these institutions by the bodies that formed the orders for specialists. During the training of university specialists under targeted contracts with enterprises, organizations, and institutions, the practice bases are provided for in these contracts. Educational, industrial and scientific units of universities, educational institutions, vocational schools, experimental farms, landfills and enterprises, organizations, institutions that have the necessary equipment and teaching staff can be used as bases for training students in working professions.
Who is responsible for the organization, quality and results of students' practice
Practice bases represented by their first managers, together with higher educational institutions, are responsible for the organization, quality and results of students' practice (clause 3.6 of Regulation No. 93).
According to Clause 3.7 of Regulation No. 93, the base enterprise is obliged to:
• to appoint qualified specialists by order to directly manage the practice;
• to create the necessary conditions for students to perform practice programs, to prevent their use in positions and jobs that do not correspond to the practice program and the future specialty;
• provide students with safe working conditions at each workplace.Conduct mandatory occupational health and safety briefings, such as induction and on-the-job training. If necessary, train student interns in safe work practices. Provide special clothing, protective equipment, medical and preventive care according to the standards established for full-time employees;
• provide students-interns and practice managers from the educational institution with the opportunity to use laboratories, offices, workshops, libraries, technical and other documentation necessary for the implementation of the practice program;
• to provide accounting of student interns' work attendance. Report all violations of labor discipline, internal regulations and other violations to the educational institution;
• after the internship, give a description of each student-intern, in which to reflect the qualities of the prepared report.
A fixed-term employment contract with a student
Thus, in accordance with the requirements of current legal acts regarding the organization of internships by university students, attention should be paid to the following:
1. The purpose of the internship is for students to master modern methods, forms of organization and work tools in the field of their future profession, to form in them, on the basis of the knowledge obtained in a higher educational institution, professional skills and abilities for making independent decisions during specific work in real market and production conditions, fostering the need to systematically update one's knowledge and creatively apply it in practical activities.
That is, practice is part of the student's educational process, and the law does not provide for the payment of wages for the practice period.
At the same time, he retains the right to receive a scholarship (clause 5.6 of Regulation No. 93)
2. In accordance with Clause 5.8 of Regulation No. 93, all intern students for the period of practice, which is held outside the location of the higher education institution, are paid per diem at the expense of the costs of practical training in the amounts established by current legislation. At the same time, the time spent on the road to the practice base and back is taken into account.Higher education students may be charged per diem for practice days missed due to illegitimate reasons, specified in the attendance report of practice bases.
Per diems are not paid to students enrolled in full-time positions in geological parties and expeditions, as well as in the crew of ships with the payment of wages and field support or free food during the internship period.
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3. In the case of accepting a student-intern for a full-time position, if the work for them meets the requirements of the internship program, a fixed-term employment contract must be concluded with him, and the employer in this case is obliged to ensure the calculation and payment of wages.
The conclusion of an employment contract, including with a student-intern, for work for a vacant position is the right and not the obligation of the employer (Article 22 of the Labor Code)
4. If the student-intern was allowed to perform work (this means the actual performance of work in the interests of the employer, and not the performance of tasks provided for in the internship program), an employment contract must be concluded with him, and the work performed must be paid for.
Labor must be paid for work performed in the case of labor relations. Practice of students and trainees of vocational and technical educational institutions
According to the norms of Order No. 992:
• an agreement on practical training is concluded between the vocational and technical educational institution (hereinafter referred to as vocational training institution) and the enterprise, the typical form of which is given in the appendix to Order No. 992;
• for the amount of work actually performed by students, trainees during the period of industrial training and industrial practice in accordance with industrial tasks, the company charges them wages in accordance with the established wage systems according to norms, rates, rates (salaries) taking into account coefficients, surcharges.
Funds accrued to students and trainees are transferred for payment to vocational training institutions or are paid to them directly by the enterprise no later than five days after the payment of wages to the enterprise's employees. (clause 17 of Order No. 992)
According to the fourth part of Article 53 of Law No. 2145, Article 50 of Law No. 103, Clause 18 of Order No. 992, fifty percent of the salary charged during industrial training and practical training to students of vocational (vocational and technical) education institutions can be directed to account of the educational institution for:
• conducting its statutory activities;
• strengthening the educational and material base;
• improvement of social protection of students;
• carrying out mass cultural and physical culture and sports work.From these funds, no more than 15% can be directed to rewarding masters of industrial training, teachers of vocational training for direct training of students, high-quality organization and implementation of educational programs on industrial training at the enterprise and industrial practice in accordance with personal contribution to the overall work results.
Issues regarding the transfer of 50% of students' wages to the account of PTNZ for use for the specified purposes are resolved by the institution together with the enterprise where students undergo industrial training and practical training. In each specific case, the existing grounds and expediency of such a transfer of funds are taken into account and stipulated in the contract on the provision of jobs as additional obligations of the enterprise.
Thus, for all work performed by students during the period of industrial practice, in accordance with production tasks, they should be paid wages in accordance with the legislation, the collective agreement on the basis of concluded labor contracts for the work actually performed in accordance with the established systems of payment of labor according to norms, rates, rates (salaries) taking into account coefficients, surcharges and allowances.
Term labor contracts with intern For the duration of the internship, fixed-term employment contracts must be concluded between the interns and the internship base.
If there are minors among the apprentices sent for practice, guarantees and benefits must be provided in terms of working hours, conditions and labor protection, namely:
• establishment of reduced working hours (Article 51 of the Labor Code);
• prohibition to engage in night, weekend and overtime work (Articles 55, 63, 192 of the Labor Code);
• prohibition to engage in lifting and moving things, the mass of which exceeds the limits set for them (Article 190 of the Code of Criminal Procedure).
In accordance with Article 194 of the Labor Code, wages for workers under the age of eighteen with a reduced daily work duration are paid in the same amount as for employees of the corresponding categories with a full daily work duration.
The work of workers under the age of eighteen, admitted to piecework, is paid at the piecework rates established for adult workers, with an additional payment at the tariff rate for the time during which the duration of their daily work is reduced compared to the duration of the daily work of adult workers.
