How should an internship take place at the workplace according to the Labor Code of the Russian Federation?

Federal Law No. 197: Official text and definition of internship

For all employees who are hired for the first time, a probationary period and training are provided. Over a certain period, the new employee will have to acquire the skills necessary for successful work activities. During the entire internship period, the employee is monitored by managers who can decide to accept him for a permanent position or to dismiss him due to non-compliance with the assigned tasks.

The official text of the contract establishes the period during which the internship and instruction takes place. Most often this is a period from 2 weeks to 1 month. Sometimes the period can last several months. Federal Law 197 contains the main provisions regulating the passage of the trial period. The following standards apply:

• a clause on the duration of the internship and its rules must be provided for in the employment contract;
• if the document does not contain the corresponding section, the employee is immediately hired for a permanent job;
• Even during the probationary period for new employees, the employer is obliged to comply with the provisions of current labor legislation.

For certain reasons, an internship is beneficial not only to the employer, but also to the employee himself. It allows you to get an idea of ​​how well an employee can cope with the responsibilities assigned to him. And during the trial period, the employee himself can understand whether the proposed conditions, team, etc. are suitable for him.

Hiring an intern

The employment of an intern is carried out in an official manner: he writes an application for employment for a certain position, on the basis of which an order for his employment is issued, and an employment agreement is concluded. Next, the HR department enters a record of employment as an intern in the work book.

A job application is written using the standard form:

• Business name.
• Position and full name leader.
• Your full name, residential address.
• Request for acceptance into a position as a trainee or apprentice.
• Personal signature and date of writing the application.

You can download a sample of such a statement here.

The employment contract is drawn up in accordance with the text of the application: if the applicant wishes to train for any position, then the contract is called an apprenticeship contract. It differs from the internship in that the student is assigned a mentor, whose duty is to teach him the profession, accompany the practice and take the exam at the end of the term. When concluding a student agreement, an entry about this is not made in the work book.

If the applicant for a position has a special education and relevant work experience, then it is enough for him to demonstrate his skills in practice, so a standard employment contract is concluded with him with a mention of the internship period.

Regardless of the status of the trainee, it must be formalized in order to avoid complaints from the labor inspectorate.

On what grounds is a probationary period established?

In most cases, the employer decides on the duration of the internship and its necessity independently. However, in some circumstances he does not have the right to assign a probationary period to a future employee. This happens if certain categories of residents apply for the position:

• persons who have passed the competition to fill a vacant position;
• women raising children under one and a half years old, or pregnant women;
• a minor under 18 is applying for employment;
• a citizen who has received higher or secondary vocational education in institutions that have confirmed state accreditation. In addition, the employer will not be able to refuse an applicant who is applying for a job for the first time after receiving an education diploma. There is one exception - if more than a year has passed since completion of training, a probationary period may be assigned;
• specialists who have been transferred to a new position from another branch of the company do not undergo internships, in accordance with the current agreement between management;
• employees whose employment contract is valid for no longer than 2 months.

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As for other cases, the decision on the need and duration of the probationary period is made directly by the employer. We suggest downloading the internship law from the link below to familiarize yourself with the main provisions of the document.

Useful video

A properly drawn up agreement between employer and employee will help avoid problems that often arise during work. It is illegal to dismiss a specialist who has passed the IP for professional unsuitability. A candidate can only be fired during probation. We should not forget about the category of persons who are not supposed to be tested, much less fire them.

May be useful:

1. Features of the probationary period when hiring: procedure for registration and conditions for its appointment

How is the internship paid?

An important question for potential employees is how payment is made during the probationary period. According to current legislation, every person applying for a new position has the right to fair and timely payment for their work. This also applies to cases where a probationary period is first assigned.

The provisions of the law regulate that any work must be paid depending on the position held, the qualifications of the employee, and how difficult the work process is. Such legislative standards should be interpreted as the employer’s obligation to pay for the activities of a person undergoing an internship.

Another thing is that in some cases the employer has the right to set a lower salary during the probationary period. However, the final amount cannot be lower than the minimum wage established by federal officials.

Differences between an intern and a main employee

The status of the main employee and the trainee, and even more so the trainee-apprentice, differ in several respects:

1. Employment. When applying for a job, the trainee writes a statement indicating the need for an internship or training in a profession. If he does not mention this, then the employer himself assigns a probationary period to the newly hired employee at his own discretion.
2. Wage. The remuneration for the work performed by the trainee may be lower than that of the main employee. If an employer is interested in a specialist hired for a vacancy, then he can set a salary at the same level as permanent employees (see also how to calculate wages).
3. Order for the institution. The text of the order indicates that the employee is undergoing a probationary period for a certain period. If during this time the employer decides that the specialist meets the requirements and accepts him for permanent work, then a new order is issued to hire him for permanent work.
4. Employment history. All entries in the work book are made on the basis of a local act, so the first entry contains information about admission as a trainee, and the second – about permanent employment or dismissal.
5. Employment contract. A standard employment agreement is concluded with the intern, as with permanent employees, but it must contain clauses on the completion of the internship, indicating its duration, the salary due for this period and a link to the article of the Labor Code, on the basis of which this clause is included in the contract.

According to the law, an internship must be considered by the employer as a full-time work activity.

How long can the internship last?

The total period of probation and training is determined by the employer. The Labor Code today does not regulate the duration of internships. In each specific case, the duration of the period is determined individually and is prescribed when concluding an employment contract.

Article No. 70 of the bill sets the maximum permissible time limits for completing the probationary period. For management representatives, it cannot last longer than six months. This includes specialists occupying the following positions:

• managers;
• chief accountants;
• managers of structural divisions or branches;
• deputy managers.

For other categories of citizens, the duration of the internship cannot exceed 3 months, with the exception of situations in which the employment contract lasts only a few months. In such cases, the trial period lasts no longer than 2 weeks. A long-term (3 years) internship is also provided for persons who intend to become notaries.

A probationary period is required for those planning to become a driver. To drive freight vehicles, you must confirm your qualifications within 1 month; for drivers of passenger buses, you must work 50 hours (32 of them on the route they will be driving).

During the probationary period, absence from work is not taken into account, even if it is associated with temporary incapacity.

Basic moments

Employment is one of the significant events in the life of every person. If his professional abilities meet the requirements, he enters into an employment contract with the employer. Its conditions specify the progress of the performance of functional duties at a specific workplace.

What it is

The term “internship” refers to the work activity of an employee under certain conditions. During the course, his professional preparedness, his ability to apply the acquired theoretical knowledge in practice, and his competence in solving production problems are revealed.

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During the internship, the employer is given the opportunity to assess the labor abilities of the prospective employee in order to make a final decision on further cooperation. To carry it out, a special program is developed and a responsible person is appointed whose authority is to supervise the execution of the tasks assigned to the trainee.

In some cases, it is taken for the purpose of improving skills and acquiring additional education in a particular specialty.

Who falls under the category

Persons who, during their working career, will be engaged in:

How to register an employee undergoing a probationary period

After management decides whether or not a probationary period is needed for a new employee, the internship must be registered. To do this in accordance with the provisions of current legislation, the following steps must be followed:

• the head of the organization signs the regulations on the creation of the internship. It contains information about the terms, the powers vested in employees during the probationary period, how their activities are paid, etc.;
• the applicant is interviewed;
• if the parties reach an agreement, an employment contract is drawn up;
• the new employee is working on a probationary period;
• after completion of the specified period, the manager makes a decision on the candidate’s suitability for the position held. Next, the employee is either fired in accordance with the internship regulations or hired legally.

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Even during the probationary period, a person must be registered in accordance with all the rules. To do this, they provide the HR department with an application for employment, a work record book, a diploma of education, and a photocopy of the passport. The employer has the right to issue a fixed-term contract, or an open-ended one, but indicating the duration of the internship period.

The provisions of the Labor Code allow employers to hire new employees on a probationary period. This gives them the opportunity to verify the employee's qualifications before he is placed on the main contract. The law determines that the duration of the internship, depending on the circumstances, cannot last longer than six months. In this case, the employer is obliged to pay for it.

Internship application procedure

Practice is always documented. This is beneficial for both the intern and the company.

The employee benefits because he will have a guarantee of payment for his work, as well as the company’s honesty when deciding on his further employment. The enterprise, because otherwise it will break the law, which is fraught with negative consequences.

In addition, in the case of official registration, the organization will protect itself from possible claims from the trainee if he receives injuries due to his own negligence during the work process.

In order to officially register an applicant, you need to prepare the following documents:

Regulations on internship . This document regulates the process of personnel retraining and is approved by the head of the company.

Consists of the following structural elements:

• General provisions, which indicate the main points in coordinating the preparation process;
• Goals and objectives of training. General goals are indicated here, such as mastering the theoretical and practical foundations necessary to perform functions and tasks, familiarization with the company’s activities, its specifics, and others.
• The procedure for conducting an internship.
• Responsibility of the parties; the supervisor of the trainee is also indicated here.
• Necessary tests and tests at the end of retraining, allowing you to assess the quality of the material learned during the internship.
• Internship program. We talked about it earlier.
• Internship order.
• Order on admission to independent work. Issued after practice and passing the exam (if required). The order allows for independent professional activity.

The legislative framework

Certain legal norms that are related to internships are contained in articles of law.

Thus, it turns out that the main point of completing an internship is that it is carried out for citizens entering work for the first time. Main goals: mastering the necessary professional skills or confirming existing ones.

Industrial internship

Internship is an opportunity to gain invaluable experience working at an enterprise

To begin with, a few words directly about practice in production. This is the period in work when a young specialist consolidates the acquired knowledge and makes his own bumps in everyday work. During an internship, a young employee has the opportunity to prove himself in the best possible way and, possibly, settle down in his workplace for a long time and with full rights. For organizations and businesses, interns are also useful. This is a renewal of the team, its new blood, so to speak. An employer can first take a closer look at the intern, see all his pros and cons, and then decide whether he is suitable to work in a team or should look for someone else.

The trainee must be assigned an experienced mentor who has at least 5 years of experience in his specialty, and is obliged to advise the newcomer, observe how correctly he does everything, and control his actual work. Specialists are trained in accordance with a special program, which is documented for a specific specialty or position. The time and frequency of work sessions are also established in writing - an order for on-the-job training is issued.

Admission to internship is approved by order. There is no specific form of the order; it is compiled similarly to other orders. The order specifies the terms of the internship, the full name of the trainee and the mentor responsible for the internship. The timing may vary depending on the qualifications, professional skills, and experience of the newcomer. The last paragraph of the order stipulates that if the trainee successfully passes the internship, then he will be given a permanent job. The internship order is signed directly by the head of the enterprise.

During the internship, a diary is filled out, in which the actual place of work, the functions of the enterprise, and the personal goals of the intern are noted, in accordance with the program (Article 29 of Law No. 5067 on Employment). After completing the internship, they summarize the results, determine the level of acquired skills, and draw up a conclusion about the end of the internship. The final conclusions and recommendations are passed on to the management of the enterprise for a final decision on the future fate of the trainee.