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Lawsuit against the employee by the employer to wean

The claim to the employee by the employer to wean

Labor Code provides for two typesstudent contracts: with the employee, consisting in the staff of the organization, and with those with whom at the end of training is planned to conclude an employment contract (job seekers).

This training can be carried out on the basis of the enterprise, and by giving workers in specialized schools.

However, in practice there is a third kindapprenticeship contract: a tripartite agreement between the company, the university and the student-tselevikom. The principal difference between the latter type of apprenticeship contract from the first two is that on-tselevika student is not subject to the rules of the internal labor enterprise regulations, it does not receive any remuneration from the company during the training period (except for the scholarship, if it is provided by the contract), in any way, even in the a manufacturing practices, is not involved in the main activity of the enterprise. Litigation should be on this path: in the student contracts with employees and job-seekers, subject to the provisions of the Labour Code (which means that the limitation period to refer to the court - 1 year and jurisdiction disputes arising from such contracts, district courts regardless of the amount of the claim). The tripartite agreement for the training - civil, that is, when the resolution of disputes from the courts of such contracts governed by the Civil Code of the Russian Federation (hereinafter the normal limitation period of 3 years and jurisdiction depends on the size requirements: 50 TR - magistrates' courts, over 50 TR - district).

Often, persons undergoing training bythe employer (or prospective employer) violates the terms of apprenticeship contract on the need to work in the organization of a certain time period after graduation or in bad faith are trained and expelled before the end of the period of apprenticeship.

The content of the claim depends largely on theText apprenticeship contract. For example, if the contract is written, that in case of dismissal before the stipulated contract period, the employee shall reimburse all costs the employer on his training, then the claim should specify the requirement to compensate: the cost of training in an educational institution, a scholarship that paid by the employer, the cost of accommodation, travel expenses, etc.

If such a condition in the contract not, allspent compensated in proportion to the time it worked, as specified in the Labour Code. At the same time the reasons for dismissal are also relevant, for example, if an employee is dismissed in connection with the reduction, demand from him the money spent on his education, is not advisable. If the student was expelled for academic failure, is subject to compensation, only those costs that are incurred by the employer actually had to this point.

In support of the claim to the court should besubmit the following documents: Student contract, the order of dismissal or an order of termination of the employment contract, certificate of training costs, settlement statements on the accrual of scholarship, if it is paid, etc.

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