Worker internship in the workplace. How long should the internship last, and is it supposed to take days off

Workplace internship program - sampleThis document is often required by personnel officers. It describes in detail the knowledge and skills that the employee should receive during the internship. Let's figure out what is needed to create such a program.

When are internship programs by profession required?

The need for an internship is provided for by the Labor Code of the Russian Federation. Yes, Art. 212 of this code, among other obligations that are assigned to the employer, mentions the need to train the employee in safe ways of working, including through briefings, internships and a final test of the acquired knowledge and skills. It should be noted right away that an internship is an obligation not only of the employer, but also of the employee: Art. 214 of the code indicates that the employee is required to undergo labor protection training, including an internship.

Internships are divided into 2 types:

The internship can be carried out both during the initial employment and during the transfer to new job, the execution of which regulations requires an internship. For example, when training drivers, it is used guidance document RD-200-RSFSR-12-0071-86-12 of the Ministry of Autotrans, adopted in the RSFSR. Despite the fact that the document was approved back in 1986, it is still in use, since it has not been canceled or replaced. For example, the Supreme Court of the Russian Federation, when issuing a ruling on the administrative case No. 34-AD14-5 dated September 22, 2014, among other acts, was also guided by the provision approved by this guiding document.

In order to conduct an internship, it is required that the enterprise has a program in place according to which employees are trained. Moreover, the program is necessary in all cases, because without it it is impossible to competently and correctly determine the stages of the internship and its content.

Standard procedure for conducting an internship

Regardless of the reasons for which an internship is required, it is usually carried out as follows:

  1. Issued labor contract with an employee according to the rules established by the Labor Code of the Russian Federation. It is also allowed to draw up an additional agreement to the employment contract if the employee is not accepted for an open vacancy, but is transferred within the organization to a position that requires an internship.
  2. Briefing is provided regarding the methods and methods of safe implementation of labor functions. Unlike an internship, the briefing should be carried out for all employees of the enterprise, and not just for those who are busy in hazardous work.
  3. An order is issued by the head to send the employee for an internship. The same order appoints a curator (head of the internship), under whose control this event will be held.
  4. The internship itself is carried out. Its duration is determined by the internship program at the workplace, approved by the enterprise, the passage is recorded in the occupational safety journals.
  5. At the end of the internship, the employee takes a knowledge test theoretical foundations safe work in office.
  6. If the exam is passed, an order is issued to allow the employee to work. It is this document that allows him to perform labor functions independently, without the supervision of a curator.

How is a typical internship program designed in the workplace?

In order for the program to be applied, it must be developed and approved by the management of the enterprise. At the same time, the specific procedure for its development and approval is not determined by law.

In practice, this usually happens as follows:

  1. The subdivision of the enterprise in which the internship is to be carried out develops a draft document.
  2. The project is coordinated with the labor protection unit (or with a specific employee responsible for compliance with safety regulations, if there is no such unit in the structure of the organization).
  3. The agreed project is approved by the order of the enterprise management.

A different procedure is also allowed - in accordance with the rules of office work in force at the enterprise. The main thing is that the program be approved by the director or another person acting on behalf of the organization.

The content of the internship program, the stages of the internship by the employee

State regulations do not contain requirements regarding what exactly the internship program should contain and what structural parts it should consist of. In practice, a certain approach has been formed, according to which such a program includes sections describing:

  1. The purpose for which the internship is carried out. Usually it is indicated here that the goal is to familiarize yourself with the structure of the unit in which the employee’s labor activity should take place, and the technological and technological processes taking place there. production processes. Also mentioned among the goals are the development of skills for safe execution. job duties and consolidation of theoretical knowledge related to safety.
  2. General requirements. This section of the program indicates a list of what the employee must study during the internship (safety instructions, hazards when doing work, etc.). It also states that the internship is conducted under the guidance of the head (curator) of the internship, appointed by order of the organization from among the managers or specialists of the enterprise, and also determines the procedure for admitting the employee to the internship.
  3. The content of the program itself, indicating the number of hours or shifts during which the internship should take place.

In general, the program usually includes the following steps:

  1. Familiarization with regulatory framework concerning labor protection and the rules of safe work in a particular profession.
  2. Getting to know the workplace official duties. Here you can use job description for a specific profession and professional standard, if it is applied at the enterprise.
  3. Learning the rules for preparing the workplace for work and safe work practices.
  4. Practical activities performed under the supervision of the supervisor (curator) of the internship.

How is the internship program developed?

The content of the program depends on what exactly the employee must master in the new workplace. The duration, in accordance with the procedure for training in labor protection, approved. Decree of the Ministry of Labor of the Russian Federation and the Ministry of Education of the Russian Federation of January 13, 2003 No. 1/29 (clause 2.2.3), is established by the employer independently. The only thing that needs to be relied upon here is the regulations regarding safety rules when carrying out specific types of work.

In addition, when developing internship programs, you can use sample program training in labor protection, approved by the Ministry of Labor of the Russian Federation on May 17, 2004. However, it must be taken into account that this is a rather generalized document that applies to almost all employees - both workers of all specialties and specialists. It makes no sense to copy it in its entirety, but it is possible and necessary to use its provisions when preparing an internship program at a particular enterprise.

Finally, it must be taken into account that in addition to the program, the enterprise must also have an internship provision - a local regulatory act that determines exactly how an employee is trained at the workplace. At the same time, the program should not contradict him. There are also no specific regulatory requirements for the content of this provision, therefore it is also prepared at the enterprise within the limits established by the legislation.

Where can I download free internship programs in the workplace?

Due to the fact that there are no officially approved internship programs, their developers often face certain difficulties. Often employees of enterprises involved in labor protection, or workers personnel services they just don't know what the corresponding document should look like. This problem is especially acute in newly created enterprises, where the documentation for internships is only being developed.

One way to solve this problem is to download samples ready programs from sites of personnel and legal orientation. This option is quite acceptable, however, it must be remembered that any sample requires refinement to meet the conditions in force at a particular enterprise.

As you know, an internship means a period in which a person performs some specific part of the work, but does not have official employment. At this time, he can actually just practice, he can learn a lot from those who work at a particular enterprise on an ongoing basis.

In the legislation, this period of time is called “internship”. But there are a huge number of questions related to this concept, and every day more and more new ones, up to the very definition of the process. Therefore, it would be useful to clearly define the main points related to it.

The concept of the Labor Code of the Russian Federation

Interestingly, in the Labor Code Russian Federation there is not a single chapter or even just a definition of an internship. The same applies to many countries in the post-Soviet space. But in the 59th article there is a mention of this process. There we are talking about the conclusion and there is a small mention of the internship. Several important conclusions follow from this:

  • She must be paid.
  • It is a necessary element of the labor process.
  • Even when concluding a fixed-term employment contract, an internship must take place, and this is what the aforementioned Article 59 tells about.

By the way, as for the second conclusion, it is beneficial for both parties - the employer and the employee. The first one can look at his potential subordinate and only then decide whether to take him on permanent job. And the second one can simply understand what it is like to work at a given enterprise, what is required of him, and learn how to perform certain operations within the process. In fact, for him it is just an opportunity to prove himself, as well as to master the necessary skills. All this is included in the concept of "internship".

You can learn about the nuances of its passage abroad from the following video:

How is it regulated?

The internship is mainly regulated in the aforementioned Articles 59 and 212 Labor Code. According to the second of them, it belongs to the field of labor protection. And this also means that the trainee is a full-fledged employee, only performs less work and receive a lower salary. It also states that this process should be mandatory for all hired employees. That is everyone who comes to work must somehow undergo an internship, after which the boss will decide whether to accept him for a permanent position.

As for labor protection, a special GOST 12.0.004-90 was drawn up for this. In paragraph 7.2.4. states that every worker, including a graduate of a vocational school, of any production plant must undergo primary instruction at the workplace. It also indicates that the number of first shifts during which this person is required to undergo an internship is from two to fourteen. At this time, he must be under the direction of persons who will be appointed by appropriate order. The duration of the internship in this case depends on the nature of the work and the qualifications of the trainee.

Each university has a special letter at its disposal. State Committee Russian Federation for Higher Education No. 18-34-44in / 18-10. It just says how the training of specialists should be carried out.

In particular, it indicates that this is one of the types of auxiliary professional education specialists, and its purpose is to form and consolidate professional knowledge and skills that a person receives in the course of theoretical training.

At the same time, there are no clear instructions on how it should be carried out. There are only a few passages from various articles Labor Code and other types of legislation. But on them you can draw quite a lot of conclusions and form a single idea about this concept.

Process Highlights

In general, the internship consists of the following stages:

  1. If a person passes it from an educational institution, then it all starts with the fact that he is looking for a job. Although, if he has already graduated from an educational institution, he also conducts similar searches. Just in the first case, the student can make application for an internship right within the walls of his educational institution, and in the second he definitely needs to come to the enterprise, negotiate with its director and write an application. The director usually assigns to the trainee certain person who will manage the entire process - give tasks, control the employee and correct his actions if necessary.
  2. The application is written in the name of the director, where the future intern indicates the position he is applying for and the duration of the internship. Of course, the document itself begins with the words: “I, [last name, first name, patronymic], I ask you to accept me for an internship ...”, that is, with a petition. Based on this, the next step is preparation of contract. Of course, in Russia all these formalities are observed very infrequently, but in the ideal case, the contract should be mandatory. This document indicates, in principle, almost the same as in the application - the position, terms, data of the employer and employee, obligations and responsibilities of the parties, the calculation procedure, as well as standard provisions on labor protection and the like.
  3. The same applies to orders. It is written by the director himself, who indicates that he is accepting such and such an employee for an internship and indicates the position with the terms of passage.
  4. Then everything is much more interesting. The point is that the standard internship plan does not exist, at each enterprise it will be individual and differ from plans in other organizations. The plan also indicates the timing, but for each specific stage. Again, depending on the specifics of the company itself, these stages can be very different.
  5. In an organization, everything always starts with a safety briefing. Then there is an acquaintance with the enterprise itself, with the future workplace, as well as with the features of the process, including with work colleagues. All this is done by a person whom the director appoints as the head of the internship. At first, he literally leads the trainee by the hand, shows and tells him everything.
  6. By the way, in the same document where the plan is written, subsequently written and characteristic. It is written by the aforementioned internship leader. Here he indicates how qualified his subordinate turned out to be, what tasks he performed, with what success he did it. In general, he can indicate there everything that he wants to be necessary. All this will be read by the future leader at the place of work and the head of the internship at the university, if there is one.
  7. But even before the characteristics passes by itself internship process. At this time, the employee performs the tasks assigned to him by the manager or watches how others do it. This process can also be different depending on the very specifics of the company.
  8. As a result of this whole process, the trainee writes review. Here he also indicates what tasks he performed (moreover, dividing into those with which he managed to cope and which he did not complete). The feedback includes information about who led it, how long the whole process took. AT without fail it indicates what goals he has achieved and what he has learned. He can also indicate his job offers or just wishes, and in general everything that he sees fit. This document will also be read by the director.

Documents to be drawn up

All of the above-mentioned papers are precisely those documents that must be drawn up during the internship. Let's list that list again:

  • Trainee's application.
  • Contract between employee and employer.
  • Order of the head of the enterprise.
  • Plan.
  • Review.
  • Characteristic.
  • Information about passing it.

In some cases, a pay slip is also added, which is issued by the accounting department of the company where the internship takes place. As for the last document, the certificate, it should include the following information:

  • Name, surname, patronymic of the trainee and his supervisor.
  • Deadlines.
  • Information about the enterprise where the whole process took place, and about the educational institution, if a person is undergoing an internship after a university.
  • Information about the document that serves as the basis for the internship (order).

At the end of the certificate, the head and the trainee put their signatures, and the representative of the enterprise puts a seal. If the internship is held from the university, then the representative of the educational institution also puts his seal. By the way, in this case, the plan, review and characteristics are included in one document called practice diary. Usually this is a small notebook, which includes all the necessary information.

How many days does it last and how is it paid

It should immediately be said that, according to the above articles from the Labor Code of the Russian Federation, any internship must be paid. An exception is student practice, that is, when a student comes to the enterprise who is still studying at a university and is sent to work according to his curriculum. In this case, the so-called student agreement is concluded, and not a full-fledged agreement with the trainee. In principle, the information in it is the same, only it is indicated that the trainee is a student.

If a person came to get a full-time job, the amount of payment for an internship is negotiated on an individual basis, there is no indication or even mention of this in the law.

In any case, its size will be less than the required minimum wage at this enterprise. In this regard, it should also be remembered that trainee does not work full time, but only a part of it, so it is logical that he is not entitled to full pay. If he still works full time and performs his functions on an equal basis with the rest, he still should not be given full wages.

As for the timing of the process, the same article 212 of the Labor Code of the Russian Federation refers to 2-14 shifts - this is if the person did not come from an educational institution. In another case, the terms may be very different depending on the university itself. In different universities, the time of practice can be different - from a week to a month. It is rare that students are sent to enterprises for more than a month. Yes, and there is no special meaning in this - in a month you can learn the basic operations and master the process itself, which the company is engaged in.

Who gets rid of it

In this matter, provision 7.2.4 is the most relevant. from GOST 12.0.004-90, which stipulates that an employee who has at least 3 years of work experience in this industry can be exempted from an internship. And then, provided that he simply moves from one workshop to another, and the nature of his work and the type of equipment does not change. This can be done by representatives of the management of the workshop, section, cooperative, and so on only with the consent of the labor protection department and the trade union committee.

It follows from this that even if a person worked at another enterprise for many years and came to get a job, he definitely needs to undergo an internship. In this case, he can pass it for the minimum period in this case, which is two shifts. The same is confirmed in paragraph 7.2.5. It says workers are allowed to independent work only after completing an internship, as well as testing knowledge and skills. In addition, in order for him to be allowed to the workplace, he needs to read the briefing and give the magazine initial briefing on labor safety, so that he signs there.

For the employer new employee- this is a yet unknown set of knowledge and skills that can either be suitable for the implementation of the tasks or not. In order to study a newcomer, an internship is provided - this is like a test of strength, because you always need to know who you are accepting into the team.

Probation

Regulatory documents interpret the definition of the word "internship" differently.

For example, the Labor Code refers this concept to the area. As stated in Art. 212 of the Labor Code of the Russian Federation, an internship at the workplace is the obligation of the employer to ensure safety and labor protection conditions, and it is mandatory for each newly hired employee. In paragraph 7.2.4 of GOST 12.0.004-90 it is written that the internship should be under the guidance of a designated person. The test period varies from 2 to 14 shifts. But if the applicant has worked in this position for more than 3 years, then the internship is canceled. In ch. 1 Letters of the State Committee of the Russian Federation No. 18-34-44in / 18-10 give their definition. According to him, an internship is one of the types of additional professional education, and it serves to gain skills in practice or improve their level. It also says that the employer himself determines what the duration of the internship and its program will be.

If the employee has more than 3 years of experience in the specialty, then it is not necessary to assign him an internship.

Hiring a new employee without an internship is very doubtful. But the law did not provide for a document that would regulate the passage or payment probationary period, so it must be decided individual entrepreneur. In Art. 70 of the Labor Code of the Russian Federation refers to the testing of a future employee before he begins to perform his main duties. The period of such a test may not exceed 3 months, and for leadership positions- 6 months. This item must be spelled out in the employment contract. The duration of the internship is determined by the employer, depending on the specifics of the position.

Registration of an employee, in accordance with Art. 59 of the Labor Code of the Russian Federation, occurs under a fixed-term employment contract. This contract has exactly the same force as any other. The employee enters into an employment relationship with the employer, which, of course, must be remunerated financially.

Payment for the internship

Payment for an internship differs from the usual salary only in the amount. The manager does not have the right to set the remuneration of the trainee less than minimum size wages (minimum wage), established by law. This is indicated in Art. 37 ch. 2 of the Constitution of the Russian Federation. Unpaid internships are against the law. In 2017, the minimum wage is 7500 rubles.

The head does not have the right to set the remuneration of the trainee less than the minimum wage.

The internship process can be divided into several stages:

  1. Creation by the head of the position on the internship. It should indicate the timing of its implementation, the rights and obligations of the parties, payments, conditions for successful passage and subsequent guarantees for the employee.
  2. with a job applicant.
  3. Determination of the internship program together with the supervisor.
  4. Conclusion of a fixed-term employment contract with an intern.
  5. Passing an internship.
  6. Conducting an analysis of the work of an employee, drawing up a detailed review by the manager, determining professional suitability.
  7. Hiring or not hiring an employee based on results.

Often, enterprises enter into student agreements with various universities and other educational institutions for which students receive practical experience work in their specialty, study the work process from the inside and draw up a practice report based on the results. Educational practice is not paid, since there is no employment contract with interns. If a student is accepted into the state, official labor relations appear and, accordingly, remuneration.

Training practice is not paid, because the labor contract is not concluded with interns.

An internship is an opportunity for a manager to get acquainted with the abilities of a future employee, assess his real significance in business, and predict the future labor relations. A properly designed internship program will allow you to fully reveal all the talents of the employee, his efficiency in work and the ability to get out of difficult situations.

AT labor law the concept of internship is not disclosed. In other regulations, an internship is understood as one of the types of education in order to form and consolidate in practice professional knowledge, skills and abilities obtained as a result of theoretical training (clause 1 of the Recommendations on organizing and conducting internships for specialists to the Letter of the State Committee for Higher Education of the Russian Federation dated 15.03.1996 N 18-34-44in/18-10). That is, an internship involves on-the-job training, usually under the guidance of a mentor.

In a number of industries, internships are directly provided for by law. So, you can hire:

  • trainee lawyer (Article 28 of the Law of May 31, 2002 N 63-FZ);
  • notary trainee (Article 19 of the "Foundations of the legislation of the Russian Federation on notaries", approved by the Supreme Court of the Russian Federation on February 11, 1993 N 4462-1);
  • trainee - assistant arbitration manager (clause 3 of article 20.1 of the Law of October 26, 2002 N 127-FZ, Order of the Ministry of Economic Development of Russia of December 18, 2012 N 799).

In addition, an internship is obligatory for persons newly hired for a position, as well as those who had a break in labor activity, directly related to the management vehicles, more than one year (clause 13 of the Procedure, approved by Order of the Ministry of Transport dated 11.03.2016 N 59).

In turn, the Labor Code of the Russian Federation requires employers to train employees hired with harmful and (or) dangerous working conditions in order to teach them safe methods and techniques for performing work (Article 225 of the Labor Code of the Russian Federation, clause 2.2.2 of the Procedure for training on labor protection , approved by the Decree of the Ministry of Labor, the Ministry of Education of 13.01.2003 N 1/29).

At the same time, any employer, on its own initiative, can hire a trainee employee. At the same time, all guarantees provided for by the Labor Code of the Russian Federation will apply to it.

Trainee registration

First you need to register the position of an intern in staffing. The list of documents that he will have to provide you for employment will be the same as for ordinary workers (copies of a passport, diploma, employment history and etc.).

The employer has the right to issue a fixed-term employment contract with the employee for the period of internship. Since one of the grounds for concluding fixed-term contract is the performance of work related to the practice, vocational training or additional education in the form of an internship (Article 59 of the Labor Code of the Russian Federation). However, some labor inspectors believe that this rule applies only if the internship is mandatory for the worker.

A trainee, like any newly hired employee, may be placed on probation.

Also, the employer will need to draw up an order for hiring an intern and an order for the appointment of a mentor. It is he who will draw up a conclusion on the results of the internship. If, based on the results of the internship, they decide to hire a trainee employee as a specialist, then they will either need to conclude a new employment contract with him or arrange a transfer for him by drawing up an additional agreement to an already existing employment contract.

Internship at the workplace today does not have a detailed study in the legislation. The main law governing labor relations - the Labor Code of the Russian Federation - does not define what an internship is. That's why different approaches to this concept, which have developed in practice and among theorists in the field labor law, often lead to all sorts of disputes and conflicts in the process of employment, work and industrial training.

In Russia, there are several points of view on the concept of internship:

  1. This is a colloquial name for a probationary period, during which the professional skills of a potential employee, his suitability to perform the functions entrusted to him, are evaluated. The test for employment is regulated by Art. 70-71 of the Labor Code of the Russian Federation. The provision on probation is included in the employment contract, and its term is general rule does not exceed 3 months. Failure to complete the probationary period labor contract is terminated. If the contract is not terminated after the expiration of the term, then the employee can continue to work in this organization - he passed the test.
  2. This is the first job of a former student who graduated from a professional or higher education and received a diploma, indicating the receipt of the appropriate educational level. As part of the internship, the theoretical skills acquired during the training process are worked out and consolidated in practice.
  3. It is the process of learning new skills while changing labor function, that is, when an employee moves in the same enterprise to another position, for successful work in which it is necessary to master a certain functionality.
  4. Internship at the workplace - training an employee in the rules of safety and labor protection, safe methods and methods of work, occurring as part of the practical application by the employee of his skills and abilities within the established labor function, under the supervision of a mentor or without it. In the Labor Code of the Russian Federation, this is mentioned in Art. 212 and Art. 225. Among all definitions, this one is the most correct in terms of legal provisions.

Job internship

Normative basis of internship at the enterprise

In Art. 212 of the Labor Code of the Russian Federation, the legislator assigned the employer the obligation to instruct and train employees. These provisions are aimed at protecting each individual employee and his work, at improving safety at enterprises, and at preventing accidents at work. In Art. 225 of the Labor Code of the Russian Federation, special attention is paid to employees of organizations where work is carried out in hazardous or harmful conditions labor. It is specially emphasized that upon completion of the internship and safety training, employees must pass the exam within the time period specified by the employer, thus confirming their readiness to work in difficult conditions.

In addition to the Labor Code, there are other regulations governing this institution of labor law. Thus, a joint resolution of the Ministry of Labor and the Ministry of Education of the Russian Federation dated January 13, 2003 approved the "Procedure for training the labor protection of employees of organizations", which emphasizes the importance of internships and training in the rules safe work. Particularly carefully in the Procedure, provisions have been developed regarding persons applying for work in harmful and hazardous conditions, as well as persons of working professions. The former must undergo periodic briefings, and in certain cases, repeated training, while the latter must pass similar tests during the first month of their employment.

Another normative act relating to this aspect of labor relations is GOST USSR 12.0.004-90, containing general provisions about the labor safety system. This GOST is currently valid. It establishes the obligation for an employee to undergo an initial (introductory) briefing upon employment, immediately after which, during the first 2-14 shifts, under the guidance of a designated person, the employee must undergo probation. Experienced workers who have been working in their field for 3 years or more, by decision of the administration of the enterprise, may be exempted from probation. These provisions primarily apply to blue-collar employees, but by analogy they can be applied in organizations to employees of other professions.

Registration and procedure for the internship

It should be remembered that the trainee is not a person with an indefinite status, but its employee, a person who has concluded an employment contract with the company.

In case of any problems that have arisen due to the execution of his documents, he can apply for the protection of his rights to the commission on labor disputes, in trade union and even to the courts. Therefore, it is very important for the employer to properly deal with all the documentation of the employee, including the internship.

To conduct an internship, the employer needs to develop a number of local regulations:

  • the provision in which the internal document flow should be established, the terms of the internship, the procedure for appointing those responsible for conducting internships (mentors), the responsibility of the intern and mentor, their legal status in this capacity, reporting, etc.;
  • an internship program, which determines the procedure for its passage in specific professions and positions, indicating the functionality that the employee must demonstrate to the mentor;
  • an order for an internship, which concerns a specific employee or group of employees and includes the full name of the employees and their mentors, the grounds for the internship, and the specific terms for completing it.
  • an order for admission to work, which is issued upon completion of the internship, recognition of its success by the mentor, which allows the trainee to begin independent work on the labor function entrusted to him.

If the employee was unable to demonstrate the necessary skills, and this was confirmed by the mentor or the results of the exam, then the employer must issue an order to prevent the employee from working independently. Such an order may be the basis for retraining the employee, for extending the internship or repeating it under the guidance of another mentor, or may serve as the basis for certification and subsequent dismissal of the intern.