Sample documents, legal aspects
The article provides sample documents available for download.
The main legislative provisions and nuances are also given. Article navigation
- How to draw up an employee internship agreement
- What should a trainee be prepared for?
- Internship order
- Unpaid internship agreement
- Internship contract at an individual entrepreneur
Increasingly, permanent employment is preceded by an internship. This practice is common due to a number of advantages over the introduction of a probationary period. Often, the future employer looks for an intern among senior students at higher and secondary specialized educational institutions. An important aspect in this situation is the legal side of the matter. The topic of the article is the correct execution of an agreement with an intern.
What types of internships are there?
There are many different ways to gain practical work experience. Depending on them, internships are divided into appropriate types. The two largest groups are internal and external. In the first case, the internship takes place in companies, organizations and other institutions that are located in the student’s country of permanent residence. In the second, it is issued abroad at foreign enterprises.
Internships can also be divided into work and training. The first involves concluding a fixed-term employment contract in accordance with Article 59 of the Labor Code (hereinafter referred to as the Code). These refer to paid internships for students. Not only do you receive training, but you also earn some money. The latter are aimed only at training and acquiring new skills related to the chosen profession.
How to draw up an employee internship agreement
An internship is a limited time period of consolidating theoretical knowledge through its practical application in the process of work.
An intern can be a full-time employee (before moving to a new position), a newly hired employee or an apprentice. Concluding an employment contract with him is mandatory.
Some enterprises specializing in public services make internships a mandatory condition of employment. For example, a hairdresser in a beauty salon will not be hired for a permanent job without it.
By its nature, an employment contract for an employee’s internship is always fixed-term, since the date of its termination is known - it is established by the head of the enterprise (Article 59 of the Labor Code of the Russian Federation). There is a standard template for this document in several versions.
In its content, such an agreement differs little from any other fixed-term employment agreement, with the exception of the clause that the employer undertakes to train the accepted or transferred employee in a new specialty.
What should a trainee be prepared for?
Against the backdrop of the conscientious attitude of employers interested in attracting promising personnel, there are also those who seek to save on wages.
For example, when hiring a salesperson on an internship basis, an entrepreneur can “foresee” in advance that he will not pass the test, and, therefore, he will not be entitled to any payment. Or, at best, he will pay for the work according to his own understanding. Such actions contradict the Labor Code of the Russian Federation. In particular, according to Article 204, the student is entitled to a scholarship not lower than the established minimum amount, and the amount of payment depends on the specialty being acquired.
An internship carried out without registration at all is an administrative offense (Article 5.27 of the Code of Administrative Offenses of the Russian Federation) and entails penalties. If the accepted trainee does not have a work book, the employer is obliged to draw it up and enter into it information about his enterprise and the work experience obtained at it.
Internship order
The internship agreement is supported by an order from the head of the enterprise. You can use this link for free:
This document specifies the following mandatory items:
- last name, first name and patronymic of the intern;
- what skills should he acquire;
- how much time is allocated for this;
- who leads the learning process;
- who is the direct mentor;
- who and how will check the knowledge acquired by the trainee.
What is an internship and why is it needed?
An internship for a young specialist in a company means familiarizing him with the current work process, personnel, and job functions. The theoretical knowledge he previously acquired is consolidated in practice, and the specified specialist performs the work tasks he needs and is directly involved in the work process.
When hiring an intern, like any other employee, the employer signs an employment contract with him. Other personnel documents are also issued for the trainee: application, dismissal order, personal card, etc. These are mandatory requirements that do not depend on the industry in which the employing company operates.
The status of an intern should not confuse the employer: not a separate internship agreement is drawn up with him, but a standard employment contract.
The procedure for conducting internships for young specialists should be enshrined in the company’s local regulations.
In particular, the employer must clearly state the terms of the internship, the amount of remuneration, the supervisor of the interns, the activities planned for implementation, as well as other conditions.
Unpaid internship agreement
An internship at the workplace can be an element of student practice (Article 5 of Federal Law 125). Its purpose is to gain useful skills, so in some cases it may not be paid.
In the classical sense, practice is the performance of the work for which the job applicant is applying. At the same time, the trainee’s actions are closely monitored by his mentor, who is ready to intervene at any moment in order to prevent serious consequences of possible mistakes. If during this process a useful product is produced along the way, then the trainee’s work is paid according to the current rates, and the student is also entitled to a stipend.
At the same time, there are objectively many situations when the described procedure is impossible. For example, an enterprise not only does not receive a profit from an intern, it incurs the costs of training him (seminars, simulators, technical means).
Relations arising between enterprises conducting internships and educational institutions organizing the process of advanced training are not subject to the Labor Code.
In particular, no medical institution will pay for the experience of doctors who have had a three-year break in their experience (or 5 years after the last certification).
A sample agreement with an intern without payment can be downloaded from this link:
What are the main advantages of an internship?
For students, internships are a universal means to determine how suitable their chosen specialty is for them. This is an excellent experience in the practical application of knowledge acquired during the learning process. During the internship, one becomes aware of the important features of the chosen profession, as well as an understanding of the principle of internal and external functioning of companies and enterprises. Employers receive talented candidates who are ready to constantly improve, and the latter get a chance to acquire the skills and experience they need in the future in a serious company.
Features of internships in large companies:
Internship is defined as additional professional education. It helps transform a rich theoretical base into practical experience. In its process, there is a “live” study of constantly changing trends in the chosen field of activity. Studying best practices allows you to dynamically develop not only as a professional, but also as a person. There is a real opportunity to acquire specialized skills that are necessary to perform the duties of the chosen (or held) position or higher.
For students, the purpose of the internship is to gain practical experience for further building a professional career. For employers, it is an opportunity to identify suitable employees at an early stage who will take an active part in the further development of the company. With the correct structure of the internship process, both goals can turn into a single one - the creation of a large enterprise on the market. It is easier for employers to select future employees based on real examples of their behavior in a work environment. Accordingly, both parties are interested and will perform their duties as efficiently as possible.
A special type of internship is international
This species was briefly mentioned above. There are a few important things to know about internships abroad. Firstly, there are several options for obtaining - with the assistance of an educational institution, through an independent search, or participation in competitions organized by companies to attract young talented specialists. Secondly, a wide range of opportunities for professional growth. In addition, students can improve their communication skills in the process of studying new countries and cultures, and a complete break from their usual environment will provide the necessary level of motivation for mastering new knowledge.
When applying for internships abroad, students receive student visas. A list of additional documentation, as a rule, is provided by the organization or company in which the internship is intended. Registration is carried out in the prescribed manner. When completing internships abroad, a contract is also concluded. At the end of the period, the student receives an appropriate certificate, and some promising interns are offered to continue working in the company on a general basis (official employment).
Applying for an internship for students is a long and complicated procedure. The company needs to prepare for the hiring of a new employee, providing him with the guarantees and rights specified in the legislation. For students, this is also a responsible step that takes quite a long time. They need to prepare the required papers and properly complete the internship at the chosen company.
Students in the process of work or study, as a rule, submit reports in accordance with their chosen field of activity. The internship opens up new opportunities for them to develop professionally and gain invaluable practical experience in their chosen specialty. The opportunity to supplement a resume with a note about working in a large international company attracts many. An internship at a large corporation is an excellent option for starting a professional career.
Making a decision based on the results of the internship
The final decision on the further employment of an employee can be made in the following ways:
- Based on the curator's review. As already noted, this document is drawn up in almost all cases and contains the conclusions of the trainee’s immediate supervisor about him. The supervisor can most accurately indicate how successfully the employee coped with his responsibilities and what tasks he was unable to complete.
- Based on the exam results. Its implementation allows you to determine how well the employee has mastered the training. The exam can take place in different forms: orally, in writing, with practical tasks. The specific method of carrying it out is determined on an individual basis.
- Based on the employer's personal assessment. During the internship, the employer often has the opportunity to independently observe the intern: his training, success at work and behavior in the team. Based on this, he decides whether to leave him in the company or not.
In the event that for some reason the employee is not suitable and the employment relationship with him will not be continued, it is advisable that the employer has documentary grounds for such a decision. For example, negative feedback from a supervisor, poor exam results, etc.
zakonguru.com
The company has an agreement with an educational institution
Students can undergo an internship in the direction of their university (clause 24, part 1, article 34 of the Federal Law of December 29, 2012 No. 273-FZ). This is possible in the case when an agreement is concluded between the company and the educational institution on students undergoing industrial practice, including pre-graduation practice (clause 11 of the Regulations, approved by order of the Ministry of Education and Science of Russia dated November 27, 2015 No. 1383). How can a student get an internship? Contact the appropriate structural unit of your university or technical school.
Student agreement with intern
An employer has the right to conclude an apprenticeship contract with an employee both on and off the job. At the same time, you can conclude an apprenticeship agreement not only with employees who are on staff, but also with those individuals who are just looking for work (198 Labor Code of the Russian Federation). For example, a company requires a 1C operator. An accountant who submitted a resume is selected from the applicants and an apprenticeship agreement is concluded with him for the purpose of obtaining an education. Or, in order not to hire a new employee, the employer sends an accountant already working in the company for training. At the same time, a student agreement is also concluded with him.
