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ISK to an employee who is disaccustomed to the employer's account


The Labor Code of the Russian Federation provides for two typesStudent contracts: with an employee in the staff of the organization, and with whom with the completion of training is planned to conclude an employment contract (looking for work).

At the same time, training can be carried out both on the basis of the enterprise and by sending workers to specialized educational institutions.

However, in practice there is also a third kindStudent agreement: a tripartite agreement between the enterprise, the university and the target student. The principal difference between the last type of the student's contract and the first two is that the rules of the company's internal labor regulations do not apply to the student-target, he does not receive any remuneration from the organization during the training period (except for the stipend, if it is stipulated in the contract), in any way, even in Form of industrial practice, does not participate in the main activity of the enterprise. Judicial practice follows the same path: pupil contracts with employees and job-seekers are subject to the provisions of the Labor Code of the Russian Federation (this means that the limitation period for handling a claim in court is 1 year and the disputes arising from such contracts are subject to jurisdiction by district courts , Regardless of the amount of the claim). The tripartite agreement on training is civil law, that is, when resolving disputes from such contracts, the courts are guided by the Civil Code of the Russian Federation (here the usual limitation period is 3 years and jurisdiction depends on the size of claims: up to 50 tr. - world courts, over 50 Tp - district).

Often, people who receive training due toThe employer (or the future employer) violate the stipulation of the student agreement on the need to work in the organization for a certain period of time after graduation or are badly trained and are expelled before the end of the apprenticeship.

The content of the statement of claim depends onText of the student's contract. For example, if it is written in the contract that in the case of dismissal earlier than the contractual period, the employee reimburses all costs of the employer for his training, then the claim should specify the demand to reimburse: the cost of training in an educational institution, the scholarship paid by the employer, the cost of living, travel expenses and Etc.

If there is no such condition in the contract, then allThe amount spent is reimbursed in proportion to the time worked, as indicated in the Labor Code of the Russian Federation. At the same time, the reasons for dismissal here also have significance, for example, if an employee is dismissed because of a reduction, it is not advisable to demand funds from him for his training. If the student is expelled for poor progress, then only those expenses that the employer actually incurred at that time are liable for reimbursement.

In support of the claim in the court shouldSubmit the following documents: a student's contract, an order for expulsion or an order to terminate an employment contract, a statement of the cost of training, a settlement sheet on the accrual of a scholarship, if it was paid, etc.

ISK to an employee who is disaccustomed to the employer's account Was last modified: June 21st, 2017 By Vouvyebb
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