The full text of Art. 173 of the Labor Code of the Russian Federation with comments. New current edition with additions for 2019. Legal advice on Article 173 of the Labor Code of the Russian Federation.

The employer provides employees who are sent for training by an employer or who have enrolled independently for training in state-accredited bachelor's programs, specialty programs or master's programs in correspondence and part-time forms of study and successfully master these programs additional vacations keeping the average earnings for:
passing the intermediate certification in the first and second courses, respectively - 40 calendar days, on each of the subsequent courses, respectively - 50 calendar days (when mastering educational programs higher education in a short period of time in the second year - 50 calendar days);
passing the state final certification - up to four months in accordance with curriculum the educational program of higher education mastered by the employee;
the paragraph became invalid from September 1, 2013 - Federal Law of July 2, 2013 N 185-FZ.

The employer is obliged to provide leave without retention wages:
employees admitted to entrance examinations - 15 calendar days;
employees - students of preparatory departments of educational institutions of higher education for passing the final certification - 15 calendar days;
employees studying in state-accredited bachelor's programs, specialist's programs or full-time master's programs, combining education with work, to undergo intermediate certification - 15 calendar days in academic year, for the preparation and defense of the final qualifying work and the final state exams - four months, for the final state exams - one month.

Employees who successfully master state-accredited bachelor's, specialist's or master's programs by correspondence course, once a school year, the employer pays for travel to the location of the relevant organization carrying out educational activities and back.

Employees mastering state-accredited bachelor's programs, specialist's programs or master's programs in correspondence and part-time forms of study for a period of up to 10 academic months before the beginning of the state final certification, a working week is set at their request, reduced by 7 hours. During the period of release from work, these workers are paid 50 percent of the average earnings at the main place of work, but not less than the minimum wage.

By agreement of the parties employment contract reduction of working time is carried out by providing the employee with one day off from work per week or by reducing the length of the working day during the week.

Guarantees and compensations for employees who combine work with training in bachelor's degree programs, specialty programs or master's programs that do not have state accreditation, are established by a collective agreement or an employment contract.

(Part as amended by Federal Law of July 2, 2013 N 185-FZ. - See previous edition)

Commentary on Art. 173 of the Labor Code of the Russian Federation

1. Changes made to Ch. 26 TC related to the reform of the education system in Russian Federation based Federal law dated December 29, 2012 N 273-FZ "On education in the Russian Federation", relate mainly to the terms and concepts used and only slightly affect the content of the guarantees and compensations provided.

Employees receiving education are provided with a number of guarantees that allow them to combine training with work. The range of guarantees provided, their content, as well as the amount of compensation payments depend on the type educational organization, educational level and type of educational program. Distinguish between general education programs and programs vocational education(secondary and higher), as well as programs vocational training; state, municipal and private educational organizations; general educational, professional educational organizations and educational organizations of higher professional education.

Educational organizations may or may not have government accreditation. State accreditation educational activities is a confirmation of compliance with federal state educational standards educational activities for basic educational programs and training of students in educational institutions. Accreditation is carried out not in relation to an educational organization as such, but according to the educational programs it implements.

2. Guarantees and compensations to persons studying in educational institutions of higher professional education are provided only in the case of training them according to accredited educational programs. The certificate of state accreditation must have an attachment with a list of accredited educational programs that are implemented by the university. Educational programs not listed in the list are unaccredited, and training on them does not give the right to the guarantees established by the commented article.

3. Part 1 of the commented article provides for the provision of guarantees to persons successfully studying at a university. Successful learners are persons who do not have academic debt for the previous semester, who performed all types of work (coursework, control, laboratory, experimental, etc.) and received credits in all disciplines provided for in the curriculum in the current semester.

Confirmation of successful training is that the student has a call-out certificate, the form of which for university students is approved by Order of the Ministry of Education and Science of the Russian Federation of December 19, 2013 N 1368. The call-out certificate of the established form is the only document confirming the student's right to receive guarantees provided for in the commented article for successful learners.

4. The main guarantee for students successfully studying at a university is the employer's obligation to provide such persons with additional paid leave for study. These vacations include:
a) leave of 40 calendar days in the first and second courses, 50 calendar days - in subsequent courses for passing intermediate certification (for passing exams and tests, performing laboratory and experimental work, participating in practical and seminars and other types of classroom studies provided for curriculum);
b) leave of 40 calendar days in the first year, 50 calendar days in subsequent courses for the same purposes for persons studying in a shorter period;
c) leave of up to four months to pass the state final certification.

All these holidays are calculated in calendar days and months.

For the period of these vacations, the average wage is retained for employees who combine work with training. For the procedure for calculating average earnings, see.

5. Holidays for passing the intermediate certification are granted at the same time as the session is held at the university - setting and examination.

Part-time students are usually granted leave for a set number of calendar days in a row, however, if the curriculum provides for the possibility of performing certain types of educational work between sessions, leave, as agreed with the employer, may be granted in parts, but in any case no more established total duration.

Part-time (evening) students who attend classrooms during the semester are granted leave only for the period of exams and tests, the delivery of which is provided by the curriculum during the session. These days can be used both in a row and in parts, but only during the session.

6. In all cases, the duration of vacations is imperatively established, therefore, the employer cannot provide a vacation of a shorter duration (in total during the academic year), even if the student is certified ahead of schedule in terms of disciplines.

With regard to vacations for the state final certification, a different approach was applied - it was established maximum duration leave, and its specific amount is determined in accordance with the curriculum. However, if, in accordance with the timetable, the state exams and the defense of the thesis are completed before the end of the leave period, the student has the right not to start work until the end of the established period.

7. Along with paid vacations, the employer in some cases is obliged to provide unpaid vacations (part 2 of the commented article). This obligation arises primarily in relation to employees admitted to university entrance examinations. The basis for granting leave is a certificate of admission to entrance examinations issued by the university.

In addition, since the right to vacation is associated with the presence of state accreditation of the university, the employee must provide a document confirming this.

The right to unpaid leave for passing entrance examinations is granted an unlimited number of times.

The employer must also guarantee unpaid leave to students of preparatory departments of universities for passing the final certification. This leave should be provided to all students, regardless of the form of study (full-time, part-time, part-time). Leave for students of preparatory departments is provided on the basis of a certificate-call of the approved form.

8. Full-time students who combine work with training in state-accredited educational programs of higher professional education are also entitled to leave without pay. This leave is granted to them for passing intermediate certification (for 15 calendar days a year), for preparing and defending the final qualifying work and passing state exams (for four months) or only for passing state exams (for one month). In accordance with part 2 of the commented article, all full-time students, and not only successful students, have the right to leave without pay. The basis for the granting of these vacations is also a reference call of the approved form.

9. Part 3 of the commented article obliges the employer to pay once a school year to employees who are successfully studying at universities by correspondence course for travel to the location of the educational organization and back. Payment is made in the manner prescribed for the payment of travel expenses (see).

10. Part 4 of the commented article provides employees studying in part-time and part-time (evening) forms of training, the right to redundancy working week at 7 o'clock. 10 academic months before the start of the preparation of the thesis or the passing of state exams, while maintaining 50% of the salary during the release from work, but not less than the minimum wage (for the calculation of average earnings, see Article 139 of the Labor Code of the Russian Federation and the commentary to it).
The Labor Code only sets limits for the reduction of working hours - 7 hours a week. The work schedule during this period is established by agreement of the parties to the employment contract. This can be either a reduction in daily work for a specified time (equal to each day or unequal), or the provision of one day off from work per week.

11. In accordance with paragraph 13 of Art. 255 Tax Code the employer's expenses for labor remuneration maintained in accordance with the legislation of the Russian Federation for the period of study holidays are included in labor costs when calculating income tax.

12. In addition to those established by law, collective or labor contracts may provide for other guarantees and compensations for students at a university. This applies, in particular, to persons studying in educational programs that do not have state accreditation; persons with academic debts; persons receiving higher professional education repeatedly.

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The Labor Code of the Russian Federation considers various types of compulsory and optional leaves that an employee can take.

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Study leave can be used for a period educational process and sessions for an employee, combining work with training in a higher or secondary vocational institution. At the same time, the employer does not have the right to refuse to grant such leave.

Legislation

Study leave is regulated by Articles 173-176 of the Labor Code of the Russian Federation. Legislatively, leave cannot be called educational or student leave. According to the Labor Code of the Russian Federation, the period is described as an additional vacation for employees who combine work with training.

Depending on the situation, leave can be provided with or without pay.

It is important that not all training can become the basis for the provision of a vacation period.

The employee's situation must meet a number of criteria regulated by law:

• an employee receives an education of such a level for the first time: bachelor's, master's, etc. Study leave for obtaining a second higher education is not granted;
• The university, secondary school or other educational institution has state accreditation to carry out this type of activity;
• the curriculum is being mastered successfully. Success criteria are set by the educational institution;
• leave is granted for the delivery of sessions or the defense of a thesis.

Wherein regulations for example, an employment contract or a collective agreement may provide for other options when granting study leave. These documents cannot worsen the actual situation of the student.

It is important that the granting of study leave, subject to the specified conditions, is the employer's obligation, not his right.

When can I take

Study leave under the Labor Code (art. 173-176) may be granted for periods of examinations and defense of qualifying work.

The following categories of employees can take advantage of the vacation period:

• university students enrolled in specialist, bachelor's or master's programs;
• students of the highest qualification undergoing training in postgraduate study programs, residency programs, etc .;
• students in secondary specialized educational institutions;
• students in evening schools.

The timing

The duration of the study leave, like other aspects of it, is established by labor legislation.

Standard terms are shown in the table:

	Foundations	Duration (in days)
University students	1st and 2nd courses	40
University students	3, 4 and subsequent courses	50
University students	State examinations and defense of qualification work (diploma work or dissertation)	120 (4 months)
University applicants		15
	During the session	15
Full-time university students	At the time of the state. exams	30
Full-time university students	Defense of qualifying work and delivery of state. exams	120 (4 months)
Secondary school students	1st and 2nd courses	30
Secondary school students	3, 4 and subsequent courses	40
Secondary school applicants	For passing entrance examinations	10
	For taking sessions	10
Full-time secondary school students	For final certification	60

These terms are provided only for employees undergoing on-the-job training, namely for students of part-time or part-time forms of education.

If it is necessary to extend the leave for study purposes, working students can apply to the employer with an application for the provision of unpaid vacation days.

In addition to the provision of paid vacations, employers establish benefits and other guarantees for training employees:

• payment for travel in both directions to the university and back - once a year;
• payment of 50% of the cost of travel for students of secondary specialized educational institutions in both directions;
• the provision of a shortened working week for students of the last year of study. At the same time, payment for reduced hours is made in the usual way for university students and in the amount of 50% of the salary for students of secondary educational institutions.

How to arrange

Registration of educational leave is carried out in the following order:

1. Getting help-call from an educational institution. The certificate is issued to the student for presentation at the place of work. Sample certificate-call for a session of a student of a higher educational institution:
   1. Applying to personnel service enterprise or immediate supervisor. The application must be written personally by the working student in any written form and submitted to the HR department or accounting department immediately after receiving the call-out certificate. The document must contain the following details:
      • name of company;
      • Name and position of the head;
      • Name and position of the applicant;
      • grounds for granting leave;
      • the duration of the vacation period;
      • date of writing and signature of the applicant.

        

        

• checked today
• code from 01.01.2019
• entered into force on 01.02.2002

There are no new revisions of the article that have not entered into force.

Compare with the revision of the article dated 06.10.2006 11.05.2004 01.02.2002

Article 173. Guarantees and compensations to employees who combine work with obtaining higher education under bachelor's programs, specialty programs or master's programs, and employees entering training under these educational programs

Employers who are sent for training by an employer or who have enrolled independently for training under state-accredited bachelor's programs, specialty programs or master's programs in correspondence and part-time forms of study and who successfully master these programs, the employer provides additional leaves with the preservation of average earnings for:

passing the intermediate certification in the first and second courses, respectively - for 40 calendar days, for each of the subsequent courses, respectively - for 50 calendar days (when mastering educational programs of higher education in a shorter period of time in the second year - 50 calendar days);

passing the state final certification - up to four months in accordance with the curriculum of the educational program of higher education being mastered by the employee;

The employer is obliged to provide unpaid leave:

employees admitted to entrance examinations - 15 calendar days;

employees - students of preparatory departments of educational institutions of higher education for passing the final certification - 15 calendar days;

employees studying in state-accredited bachelor's programs, specialist's programs or master's programs in full-time education, combining education with work, to undergo intermediate certification - 15 calendar days in the academic year, to prepare and defend the final qualifying work and the final state exams - four months, for the final state exams - one month.

Employees who successfully master state-accredited bachelor's, specialist's or master's programs by correspondence course, once a school year, the employer pays for travel to the location of the relevant organization carrying out educational activities and back.

Employees mastering state-accredited bachelor's programs, specialist's programs or master's programs in correspondence and part-time forms of study for a period of up to 10 academic months before the beginning of the state final certification, a working week is set at their request, reduced by 7 hours. During the period of release from work, these workers are paid 50 percent of the average earnings at the main place of work, but not less than the minimum wage.

By agreement of the parties to the employment contract, the reduction of working time is carried out by providing the employee with one day off from work per week or by reducing the length of the working day during the week.

Guarantees and compensations for employees who combine work with training in bachelor's degree programs, specialty programs or master's programs that do not have state accreditation, are established by a collective agreement or an employment contract.

Other section articles

Judicial practice under Art. 173 of the Labor Code of the Russian Federation

Case No. 25-B11-2 of August 19, 2011
Case No. 19-B11-8 of June 3, 2011	Judicial board for administrative cases, supervision
Case No. 74-B10-11 of February 4, 2011	Judicial board for administrative cases, supervision
Case No. 11-B09-7 of July 2, 2009	Judicial board for administrative cases, supervision
Case No. VKPI08-71 of October 9, 2008	Military Collegium, First Instance

Full list judgments with the article "Article 173. Guarantees and compensations for employees who combine work with higher education in bachelor's programs, specialty programs or master's programs, and employees entering training in these educational programs"

Amendments to Art. 173 of the Labor Code of the Russian Federation

References to Art. 173 of the Labor Code of the Russian Federation in legal advice

• Does Article 174 of the Labor Code currently appear in the above interpretation?
  

  18.10.2018 Good morning, Olga. Yes, Article 174 of the Labor Code of the Russian Federation acts in the form that you gave. Concerning Article 173 of the Labor Code of the Russian Federation it applies to students of higher educational institutions, SPE is a technical school, college and regulates given view legal relations Article 174 of the Labor Code of the Russian Federation. When in doubt

• shortened work week
  

  20.08.2018 according to the norms of article 95 of the Labor Code of the Russian Federation? if so, your employee will have a day off on Friday, given that we are talking about 7 working hours. Issue an order for the enterprise referring to Article 173 of the Labor Code of the Russian Federation on the reduction of working hours for the employee on the eve of the state final certification and that's it. If you have Friday without an abbreviated day, then you can redo

• Study leave for military personnel
  

  17.03.2018 Thank you very much for the answer. Could you clarify, since there is a contradiction between Article 19 of the Federal Law on the status of military personnel and Article 173 of the Labor Code of the Russian Federation

• Payment of travel for the defense of the FQP to the place of the educational institution
  

  11.05.2017 Hello. The norm is currently in force Art. 173 of the Labor Code of the Russian Federation Employees who successfully master state-accredited bachelor's programs, specialty programs or master's programs in correspondence

• training in 44 fz
  

  27.04.2017 accreditation, then you can count on additional paid leave. Regarding the procedure, it is better to find out about this from the educational organization. The applicable rules are Art. Articles 173, 173.1, 174,176,177 of the Labor Code of the Russian Federation... Good luck to you. If you have any questions, please contact.

• On the provision of additional paid leave
  

  21.11.2016 by the employer in writing. Although if the employee receives a second education in the direction of the employer. student leave must be paid in the manner prescribed Article 173 of the Labor Code of the Russian Federation... If you have more questions, please contact.




31.10.2016 elaboration public policy and legal regulation in the field of education. That is, the norms previously enshrined in Article 17 are now covered by the above Articles 173, 177 of the Labor Code of the Russian Federation but with changes. If you have more questions, please contact.

• distance learning
  

  30.05.2016 evening, Oksana. Time to prepare for the state. certification is calculated taking into account the curriculum, which is developed in educational institution and up to 4 months, as mentioned in Article 173 of the Labor Code of the Russian Federation: passing the state final certification - up to four months in accordance with the curriculum of the educational program mastered by the employee




03.03.2016 provide explanations about the withdrawal of the certificate-call No. from which was issued to me for passing the final state certification for a period of 4 months on the basis of Article 173 of the Labor Code of the Russian Federation, with an indication of the grounds and a reference to legislative acts. I will forgive you to provide the answer within the time frame established by law - 10 days. In case of refusal to provide

• vacation while receiving a second vocational education
  

  23.01.2016 Additional educational leave and other guarantees are provided for in Art. 173, 177 Labor Code RF applies only to persons receiving higher education for the first time. The specified guarantees and compensations can also be provided




19.12.2015 legislation that applies to an employee who is not disabled applies equally to an employee with a disability. For example, according to Art. 173 of the Labor Code of the Russian Federation employees sent for training by an employer or who enrolled independently for training in state-accredited bachelor's programs

• The employer refuses to pay for tuition for state-accredited bachelor's programs
  

  19.11.2015 it says: Guarantees and compensations for workers who combine work with education are provided upon receiving an education of the corresponding level for the first time. And in Article 173 of the Labor Code of the Russian Federation it says: Employees sent for training by the employer or who entered independently for training under state accredited programs

• Refund of ticket prices
  

  30.10.2015 Good morning, Anastasia. The question of the procedure for reimbursing the cost of travel to the place of study, unfortunately, is not fully regulated at the legislative level, there are norms Article 173 of the Labor Code of the Russian Federation, where, in particular, it says: Employees who successfully master state-accredited bachelor's programs, specialty programs or programs




29.10.2015 Good evening, Sergei. Study leave is paid only to employees who combine training with labor activity based Article 173 of the Labor Code of the Russian Federation... By registering with the Employment Center, you will acquire the status of an unemployed, therefore, no one will pay you for the period of the session. Moreover, during this period

• study leave
  

  23.05.2015 Good morning, Oleg. In your situation, you will have to seek help from the relevant authorities, but first of all you need to collect supporting data that the norms Article 173 of the Labor Code of the Russian Federation your director is breaking. After receiving the call, which you are obliged to provide to the personnel department for obtaining leave and receiving a refusal, you need to make

  
  

  18.05.2015 I think it is necessary to start from the form of study, if you write that this is considered a part-time form of study, then in this case, you should be spread Art. 173 of the Labor Code of the Russian Federation and you are entitled to student leave for the preparation and defense of the final qualifying work and passing the state exams for 4 months with the preservation of the average

• second higher education in the targeted area, provision of student leave.
  

  25.01.2015 Good evening, Andrey. Yes, the employer is obliged to provide you with a similar leave as stated in Article 173 of the Labor Code of the Russian Federation: Employees sent for training by an employer or who enrolled independently for training in state-accredited bachelor's programs

• The student leave coincided with the annual
  

  14.01.2015 agree with the employee about the time of using the remaining part of the annual leave. The panel of judges agrees with this conclusion of the court. Thus, due to Art. 114, 173 of the Labor Code of the Russian Federation an employee studying on-the-job is entitled to both holidays: the main annual paid and training. Therefore, if the study leave

• Basic Vacation
  

  16.12.2014 Of the Code, by agreement between the employer and the employee, annual paid holidays may be added. That is, to student leave. which is provided for you Article 173 of the Labor Code of the Russian Federation by agreement with the employer, you can connect and annual leave, but if the employer does not agree, then you will go on annual leave in accordance with the schedule

Labor Code, N 197-FZ | Art. 173 of the Labor Code of the Russian Federation

Article 173 of the Labor Code of the Russian Federation. Guarantees and compensation for employees who combine work with higher education under bachelor's programs, specialty programs or master's programs, and employees entering training under these educational programs (current version)

Employers who are sent for training by an employer or who have enrolled independently for training under state-accredited bachelor's programs, specialty programs or master's programs in correspondence and part-time forms of study and who successfully master these programs, the employer provides additional leaves with the preservation of average earnings for:

passing the intermediate certification in the first and second courses, respectively - for 40 calendar days, for each of the subsequent courses, respectively - for 50 calendar days (when mastering educational programs of higher education in a shorter period of time in the second year - 50 calendar days);

passing the state final certification - up to four months in accordance with the curriculum of the educational program of higher education being mastered by the employee;

The employer is obliged to provide unpaid leave:

employees admitted to entrance examinations - 15 calendar days;

employees - students of preparatory departments of educational institutions of higher education for passing the final certification - 15 calendar days;

employees studying in state-accredited bachelor's programs, specialist's programs or master's programs in full-time education, combining education with work, to undergo intermediate certification - 15 calendar days in the academic year, to prepare and defend the final qualifying work and the final state exams - four months, for the final state exams - one month.

Employees who successfully master state-accredited bachelor's, specialist's or master's programs by correspondence course, once a school year, the employer pays for travel to the location of the relevant organization carrying out educational activities and back.

Employees mastering state-accredited bachelor's programs, specialist's programs or master's programs in correspondence and part-time forms of study for a period of up to 10 academic months before the beginning of the state final certification, a working week is set at their request, reduced by 7 hours. During the period of release from work, these workers are paid 50 percent of the average earnings at the main place of work, but not less than the minimum wage.

By agreement of the parties to the employment contract, the reduction of working time is carried out by providing the employee with one day off from work per week or by reducing the length of the working day during the week.

Guarantees and compensations for employees who combine work with training in bachelor's degree programs, specialty programs or master's programs that do not have state accreditation, are established by a collective agreement or an employment contract.

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Commentary on Art. 173 of the Labor Code of the Russian Federation

1. The commented article establishes guarantees and compensations for employees who combine work with obtaining higher education in state-accredited bachelor's, specialist's or master's programs. In addition, a certain set of guarantees and compensations is provided for persons entering training in state-accredited bachelor's programs, specialty programs or master's programs.

2. The guarantees and compensations provided for by the commented article are provided both to employees sent for training by the employer and to employees who have entered (are entering) independently for training in these programs. The conditions for the provision of guarantees and compensations provided for in the commented article are:

1) availability of state accreditation of bachelor's programs, specialist's programs or master's programs;

2) the success of the development of these programs, which means the implementation of the curriculum in full and the absence of arrears for the previous course (semester), the passing of tests in all disciplines provided by the curriculum, by the beginning of the laboratory and examination session, the performance of all types of work (control and laboratory works, course projects, etc.) on the subjects brought to the session;

3) the employee has received an education of the corresponding level for the first time. Employees who already have a professional education of the appropriate level can also be provided with the specified guarantees and compensations if they are sent to receive education by the employer in accordance with an employment contract or an apprenticeship contract concluded in writing (see comments to article 177 of the Labor Code).

3. According to Part 3 of Art. 12 of the Law on Education, bachelor's degree programs, specialist's programs and master's programs belong to the main educational programs of higher education.

4. State accreditation of educational activities is regulated in Art. 92 of the Law on Education and is carried out for basic educational programs implemented in accordance with federal state educational standards, with the exception of educational programs for preschool education, as well as for basic educational programs implemented in accordance with educational standards.

The purpose of state accreditation of educational activities is to confirm compliance with federal state educational standards of educational activities for basic educational programs and training of students in educational institutions, organizations providing training.

State accreditation of educational activities is carried out by an accreditation body - Federal Service on supervision in the field of education and science, acting on the basis of the Regulation, approved. Decree of the Government of the Russian Federation of July 15, 2013 N 594.

Also, state accreditation of educational activities can be carried out by the executive authority of the constituent entity of the Russian Federation, exercising the powers transferred by the Russian Federation in the field of education, in accordance with the powers established by Art. Art. 6 and 7 of the Law on Education, according to the applications of organizations carrying out educational activities.

5. The following guarantees and compensations are provided for employees who combine work with higher education in state-accredited bachelor's, specialist's or master's programs: additional vacations, reduced working hours, travel expenses to the place of study and back.

6. Additional vacations are of a targeted nature and are provided for passing entrance exams to educational institutions of higher education, for passing final exams by students of preparatory departments of educational institutions of higher education, for passing intermediate certification during training, preparing and defending final qualifying work and passing state final certification in the specified educational organizations. In the legal literature, additional leave of this nature is often referred to as study leave.

7. The employer is obliged to grant unpaid leave for employees admitted to entrance examinations for 15 calendar days. Such leave is granted to an employee once a year. However, in the event that the employee did not enter the educational organization of higher education, he can try again in subsequent years, using his right to the specified type of vacation. The basis for granting such leave is a reference call educational institution(see paragraph 10 of the commentary to this article) and the corresponding statement of the employee.

Unpaid leave of a similar duration is also provided to employees who are students of preparatory departments of educational institutions of higher education for passing the final certification.

8. Employees who combine work with training in state-accredited bachelor's programs, specialist's programs or master's programs are entitled to additional leave of two types:

1) while maintaining the average earnings;

2) without pay.

Holidays with the preservation of average earnings are provided to employees enrolled in part-time and part-time (evening) forms of education. These vacations include:

a) holidays for passing intermediate certification in the first and second years, the duration of each of which is 40 calendar days, and when mastering educational programs of higher education in a shorter period of time in the second year - 50 calendar days;

Decision of the Supreme Court: Definition No. BAC-3086/11, Supreme Arbitration Court, supervision

Having considered the application, having discussed the arguments set out in it, as well as the conclusions of the courts, the panel of judges does not see such grounds. Evaluating the evidence presented, guided by the provisions of Articles 129, 164, 173 of the Labor Code of the Russian Federation, Articles 209, 210, 217, 236, 238, 255 of the Tax Code of the Russian Federation, the courts concluded that the employees of the company retained average earnings for the period of additional leave granted to persons ...

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ST 173 of the Labor Code of the Russian Federation... Guarantees and compensation for employees who combine work with obtaining
higher education in undergraduate programs, specialty programs or
master's programs, and employees entering training for the specified
educational programs

Employees sent for training by the employer or who entered independently
for training in state-accredited bachelor's programs, programs
specialty or master's programs in correspondence and part-time forms of study and successfully
for those mastering these programs, the employer provides additional leave with preservation
average earnings for:

• passing the intermediate certification in the first and second courses, respectively - for 40 calendar days, for each of the subsequent courses, respectively - for 50 calendar days (when mastering educational programs of higher education in a shorter period of time in the second year - 50 calendar days);
• passing the state final certification - up to four months in accordance with the curriculum of the educational program of higher education being mastered by the employee;
• paragraph four became invalid on September 1, 2013.

The employer is obliged to provide unpaid leave:

• employees admitted to entrance examinations - 15 calendar days;
• employees - students of preparatory departments of educational institutions of higher education for passing the final certification - 15 calendar days;
• employees studying in state-accredited bachelor's programs, specialist's programs or master's programs in full-time education, combining education with work, to undergo intermediate certification - 15 calendar days in the academic year, to prepare and defend the final qualifying work and the final state exams - four months, for the final state exams - one month.

Employees who successfully master state-accredited programs
bachelor's, specialist's or master's programs in correspondence courses,
once a school year, the employer pays for travel to the location of the relevant
organizations carrying out educational activities, and vice versa.

Employees mastering state-accredited programs
bachelor's, specialist's or master's programs in correspondence and part-time
forms of study for a period of up to 10 academic months before the start of the state
the final certification is set at their request, the working week, reduced by 7 hours.
For the time of release from work, these workers are paid 50 percent of the average
earnings at the main place of work, but not lower than the minimum wage.

By agreement of the parties to the employment contract, the reduction of working hours is made
by providing the employee with one day off from work per week or reducing
the duration of the working day during the week.

Guarantees and compensations for employees who combine work with training on non
state-accredited undergraduate programs, specialist programs or
Master's programs are established by collective bargaining agreements or employment contracts.

Commentary on Art. 173 of the Labor Code of the Russian Federation

1. Changes made to Ch. 26 of the Labor Code of the Russian Federation, related to the reform of the education system in the Russian Federation on the basis of Federal Law of December 29, 2012 N 273-FZ "On Education in the Russian Federation", relate mainly to the terms and concepts used and only slightly affect the content of the guarantees and compensations provided.

Employees receiving education are provided with a number of guarantees that allow them to combine training with work. The range of guarantees provided, their content, as well as the amount of compensation payments depend on the type of educational organization, the level of education and the type of educational program. Distinguish between general education programs and vocational education programs (secondary and higher), as well as vocational training programs; state, municipal and private educational organizations; general educational, professional educational organizations and educational organizations of higher professional education.

Educational organizations may or may not have government accreditation. State accreditation of educational activities is a confirmation of compliance with federal state educational standards of educational activities in basic educational programs and training of students in educational institutions. Accreditation is carried out not in relation to an educational organization as such, but according to the educational programs it implements.

2. Guarantees and compensations to persons studying in educational institutions of higher professional education are provided only in the case of training them according to accredited educational programs. The certificate of state accreditation must have an attachment with a list of accredited educational programs that are implemented by the university. Educational programs not listed in the list are unaccredited, and training on them does not give the right to the guarantees established by the commented article.

3. Part 1 of the commented article provides for the provision of guarantees to persons successfully studying at a university. Successful learners are persons who do not have academic debt for the previous semester, who performed all types of work (coursework, control, laboratory, experimental, etc.) and received credits in all disciplines provided for in the curriculum in the current semester.

Confirmation of successful training is that the student has a call-out certificate, the form of which for university students is approved by Order of the Ministry of Education and Science of the Russian Federation of December 19, 2013 N 1368. The call-out certificate of the established form is the only document confirming the student's right to receive guarantees provided for in the commented article for successful learners.

4. The main guarantee for students successfully studying at a university is the employer's obligation to provide such persons with additional paid leave for study. These vacations include:

a) leave of 40 calendar days in the first and second courses, 50 calendar days - in subsequent courses for passing intermediate certification (for passing exams and tests, performing laboratory and experimental work, participating in practical and seminars and other types of classroom studies provided for curriculum);

b) leave of 40 calendar days in the first year, 50 calendar days in subsequent courses for the same purposes for persons studying in a shorter period;

c) leave of up to four months to pass the state final certification.

All these holidays are calculated in calendar days and months.

For the period of these vacations, the average wage is retained for employees who combine work with training. For the procedure for calculating average earnings, see Art. 139 of the Labor Code of the Russian Federation and commentary to it.

5. Holidays for passing the intermediate certification are granted at the same time as the session is held at the university - setting and examination.

Part-time students are usually granted leave for a set number of calendar days in a row, however, if the curriculum provides for the possibility of performing certain types of educational work between sessions, leave, as agreed with the employer, may be granted in parts, but in any case no more established total duration.

Part-time (evening) students who attend classrooms during the semester are granted leave only for the period of exams and tests, the delivery of which is provided by the curriculum during the session. These days can be used both in a row and in parts, but only during the session.

6. In all cases, the duration of vacations is imperatively established, therefore, the employer cannot provide a vacation of a shorter duration (in total during the academic year), even if the student is certified ahead of schedule in terms of disciplines.

With regard to leaves for the final state certification, a different approach has been applied - the maximum duration of the vacation is set, and its specific amount is determined in accordance with the curriculum. However, if, in accordance with the timetable, the state exams and the defense of the thesis are completed before the end of the leave period, the student has the right not to start work until the end of the established period.

7. Along with paid vacations, the employer in some cases is obliged to provide unpaid vacations (part 2 of the commented article). This obligation arises primarily in relation to employees admitted to university entrance examinations. The basis for granting leave is a certificate of admission to entrance examinations issued by the university. In addition, since the right to vacation is associated with the presence of state accreditation of the university, the employee must provide a document confirming this.

The right to unpaid leave for passing entrance examinations is granted an unlimited number of times.

The employer must also guarantee unpaid leave to students of preparatory departments of universities for passing the final certification. This leave should be provided to all students, regardless of the form of study (full-time, part-time, part-time). Leave for students of preparatory departments is provided on the basis of a certificate-call of the approved form.

8. Full-time students who combine work with training in state-accredited educational programs of higher professional education are also entitled to leave without pay. This leave is granted to them for passing intermediate certification (for 15 calendar days a year), for preparing and defending the final qualifying work and passing state exams (for four months) or only for passing state exams (for one month). In accordance with part 2 of the commented article, all full-time students, and not only successful students, have the right to leave without pay. The basis for the granting of these vacations is also a reference call of the approved form.

9. Part 3 of the commented article obliges the employer to pay once a school year to employees who are successfully studying at universities by correspondence course for travel to the location of the educational organization and back. Payment is made in the manner established for the payment of travel expenses (see article 168 of the Labor Code of the Russian Federation and a commentary to it).

10. Part 4 of the commented article provides employees studying in correspondence and part-time (evening) forms of training, the right to reduce the working week by 7 hours. 10 academic months before the start of the preparation of the thesis or the passing of state exams, while maintaining 50% of the salary during the release from work, but not less than the minimum wage (for the calculation of average earnings, see Article 139 of the Labor Code of the Russian Federation and the commentary to it).

The Labor Code only sets limits for the reduction of working hours - 7 hours a week. The work schedule during this period is established by agreement of the parties to the employment contract. This can be either a reduction in daily work for a specified time (equal to each day or unequal), or the provision of one day off from work per week.