Rules for issuing a summons certificate giving the right to grant study leave

A certificate calling for a session is required for working students. It gives the right to receive leave for the period of taking exams. This certificate is issued by the educational organization where the student is enrolled. To obtain a document, you must contact the dean’s office of the educational organization and write a corresponding application. Most universities send certificates of this kind to pre-agreed addresses. Usually the call comes 10 days before the start of the session. This allows the employer to find a temporary replacement to replace the departing employee. In the absence of a certificate, the employee may either be denied leave or count the missed time as absenteeism.

Help-call for session 2021: who needs it and why

The form of the summons certificate was approved on December 19, 2013 by order of the Ministry of Education and Science of Russia No. 1368. It is issued to students combining work with study at higher educational institutions to ensure the guarantees provided for in Article 173 of the Labor Code.

In accordance with this norm of the Labor Code, bachelors, masters and specialists studying part-time (part-time) have the right to take additional paid leave:

• for 40 days – upon passing the session in the 1st and 2nd courses;
• for 50 days – upon passing the session in subsequent courses.

If a student worker undergoes training in a shortened period, already in the 2nd year he can take a 50-day leave with pay. If an employee faces final certification before receiving a diploma, the maximum vacation time increases to four months.

To take advantage of such preferences, you must study at an educational institution that has state accreditation. The dean's office of the university issues him a certificate of invitation to the session, which he submits to the employer along with an application for study leave.

Full-time students will also need the same certificate if they find time to officially work somewhere. They are also given study leave, but only at their own expense: up to 15 days per academic year for intermediate sessions, and up to 4 months for defending their diploma and passing state exams.

Article 173 of the Labor Code sets out the maximum possible periods for students' educational leaves, depending on the form of study and other circumstances. However, the duration of leave for a particular employee will correspond to the session period specified in the certificate. That is, in reality it may be less than the period specified in the law (but not more!).

Having received a certificate and application from the student-worker, the employer is obliged to provide him with additional study leave. He issues a corresponding order, which indicates the duration of the vacation, as well as whether it is paid or not. The employee is introduced to this document against signature. If an employee studies by correspondence in another city, the employer pays for his travel to and from the place of study once a year.

Read also: How is student leave paid?

Grounds for receiving leave: list of articles of the Labor Code

Leave is granted to an employee for various reasons. This can be not only passing current (session) or entrance (upon admission) exams, but also:

• passing state exams;
• writing a thesis and defending it;
• passing exams as part of the retraining program;
• passing the minimum for obtaining an academic degree, defending a dissertation, etc.

An employee has an unconditional right to grant leave only in cases where the programs and the educational institution itself have successfully passed accreditation; in other cases, leave is granted at the discretion of the manager. In this case, a specific article of the Labor Code is indicated as the basis in the summons certificate - it also determines the payment of vacation (can be provided at the expense of the employee or as a regular paid vacation). The list of all possible cases, as well as the maximum number of vacation days, is described in the table.

* By mixed we mean full-time and part-time, when students are present at a university or other organization not every day (or only in the afternoon).

Help-call for the session: sample 2021

According to the developed form, the call certificate must contain:

• date of its compilation and number;
• name of the employing organization (or individual entrepreneur);
• a link to the relevant article of the Labor Code (if we are talking about a university student - Article 173 of the Labor Code);
• in what form the student is studying at the university, in what course;
• what event is planned (interim certification, final certification, etc.);
• in what terms (start and end dates, as well as the number of days are reported);
• name of the higher educational institution;
• information about its accreditation (number, series of certificate, who issued it, for what educational program, etc.);
• Full name of the head of the university, or other authorized employee;
• seal of the educational institution.

Denial of leave

When do they have the right to refuse paid leave?

1. If an employee studies at two institutes at once, he will only be paid for passing exams in one of them.
2. When a student combines several jobs, he is entitled to paid leave only in his main service.

ATTENTION! If a student does not keep up with his education, then to retake he will have to spend his personal time, which the employer will no longer pay for. In this case, you can try to negotiate administrative leave or time off towards annual leave.

Vacation pay is calculated based on the average earnings of a student employee. Payments are made 3 days before the start of the session in the entire amount at once. If holidays occur during exams, such leave will not be extended.

The manager cannot deny you a student leave if this is not specified in the Labor Code, or force the employee to take exams at the expense of the annual one. This is contrary to current legislation. If these rights are violated, you should contact a lawyer.

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If a student is studying at two higher educational institutions at the same time, there is no point in taking certificates from both universities. He will be able to use the right to study leave only in relation to one of them of his choice.

The summons certificate also has a detachable part, which the student employee presents to the employer upon returning from study leave to confirm that he actually studied. It indicates the student’s data, the name of the university and the period of study. All this is confirmed by the signature of an authorized person and the seal of the educational institution.

Rules for applying for study leave

On the eve of the next session, a working student must personally contact the university dean's office for a summons certificate. This written document, when completed correctly, indicates when the session begins and how long it will last.

The student must take such a certificate to his main job and provide it to the employer. Based on this, the boss will begin to process the study leave process.

If the document is not available, all missed work days are considered absenteeism and will not be paid; Moreover, they can become a compelling argument for dismissing an unscrupulous employee.

After completing the next session, the working student must again contact the university dean’s office and receive a confirmation certificate. This is the second mandatory document that confirms that the employee did not play truant, but successfully studied at the university and successfully passed the exam.

We recommend reading: What to do if you are not admitted to the session?

You must come to work with such a certificate, present it to your manager, or send it to the HR department for review. Only in this case will the employee’s study leave be closed and paid without delay.

Both certificates are standard and their presence is required. When passing the session, there will be no problems with receiving them from the dean’s office; the main thing is to catch the secretary at his workplace.

It is important to remember that there must also be certain achievements in studies, otherwise the employer before the next session will cast great doubt on his employee’s interest in obtaining higher education and refuse study leave. It would seem that he has no right, but his claims will be fully justified.

How many times a year can you go there?

The Labor Code clearly defines the terms of session periods (Article 173). The table below shows the deadlines for passing the session on paid leave.

Now you know how to apply for study leave at work.

Help-call from an educational institution

A summons certificate is a document that is regulated by law to confirm the timing of the educational process; its receipt is the first step in the procedure for registering student leave. This document is drawn up according to the template approved by the Ministry of Education and Science in 2003.

The form consists of 2 parts:

1. the call certificate is intended for the enterprise;
2. a confirmation certificate along with assessments is provided upon the employee’s return to confirm payment.

The form must contain the following information:

• name of the university;
• accreditation information;
• session start and end dates;
• signatures of the rector (or any other leader) and seal;
• date and registration number.

This document is a confirmation of successfully passing the previous session. It is issued at the request of the student or his employer. The issuance is made by the methodologist of the educational institution. They issue the document in person, but there are a number of universities that use modern communication methods and can send a certificate by email.

The student must take care of receiving the call in advance. The employee is required to submit it to the enterprise 2 weeks before the start of the educational process.

If the certificate is not provided on time, the vacation will not be paid. After the session, he can take a supporting document and then the salary will be recalculated (at the discretion of management, since the employee violated legal deadlines).

Calculation and payment of study leave

In order for study leave to be paid, certain conditions must be met:

• the employee receives this education for the first time;
• the employer himself sent his employee for training;
• the form of training must be part-time or part-time;
• the educational institution has the appropriate accreditation.

An employee can receive education:

• at the university;
• at evening school or gymnasium;
• in a technical school or college;
• at school.

Package of documents for attending the session

The following package of documents is attached to the application submitted to the employer on the basis of Article 173 of the Labor Code of the Russian Federation:

• a copy of the license and document on state accreditation of the educational institution, certified accordingly;
• help-call. The document consists of two parts: the basis, which remains with the student leaving for the session, and confirmation, which marks the successful completion of the session and passing all standards.

The summons certificate attached to the application for leave for the session must contain the following information:

1. Link to the norms of the Labor Code.
2. Name of educational institution.
3. First name, last name, patronymic of the student.
4. Type of educational control carried out.
5. University accreditation level.
6. The start day of the session and its duration.
7. Course number.

Grounds for granting leave

How to write an application for a session at work? A statement from an employee about the intention to take time off work is a mandatory document for granting study leave. It expresses the employee’s intention to interrupt work for a while and engage in education, and is also the basis for taking leave for the period of study.

On the document signed by the employee, the manager puts a mark indicating his agreement to let him go on vacation with pay for this period of time. If there is only a summons certificate, the employee cannot be granted study leave. The document that the employee submits to the employer along with the application is only additional evidence that he went to study.

An application for study leave under the Labor Code of the Russian Federation is the only basis for drawing up and issuing a corresponding order in an organization. The order can be recorded in free form. At the same time, it must reflect information about the reason and period of the employee’s absence, as well as mandatory payment for this period.

We draw up an application with preservation of wages

After the student has the summons certificate in his hands, he needs to go to the personnel department and write an application. An application for taking student leave is written in any form, similar to a regular application for annual leave. When drawing up a document, it is better to follow the template described below:

1. An application for continued pay is written to the director. In the upper right corner the position of the boss and the name of the enterprise are indicated.
2. Here you indicate your position and full name.
3. Below in the middle of the page write “Statement”.
4. In the body of the document: “I ask you to provide study leave with the same average earnings from _ to _ duration _ calendar days.” You rewrite the period from the call.
5. Don't forget to indicate the name of the university. It is also better to copy it from the help.
6. Please indicate below that you are enclosing a summons certificate. It is mandatory to write the document number and date.
7. Place the date on the left side of the page and your signature on the right side.

IMPORTANT! The first day of school must be identical to the date indicated on the call.

Now you know how to write an application for a trip to study by correspondence if you are a working citizen.

Is it possible to apply retroactively? This is unlikely to be feasible.

Applying for paid study leave

You can write an application for a session to the employer (sample below) both for paid leave and leave without pay. To understand cases where an employee is not entitled to paid leave to undergo training at an educational institution, it is necessary to study the norms of the Labor Code.

According to the provisions of the twenty-sixth chapter of the Labor Code, the preservation of the average wage takes place in the following cases:

• the employee is studying part-time or part-time;
• the employee is studying at an educational institution that has state accreditation;
• higher or secondary vocational education received by an employee is the first;
• the employee successfully studies and is admitted to further semester and final sessions.

If a member of the workforce meets all the specified requirements, he has the right to receive vacation days with pay for the time he is absent. In cases where any of the points are not observed, but they are allowed by the norms of the collective agreement, the employee must also be given leave to undergo training.

If at least one of the provisions of the twenty-sixth chapter is not fulfilled and is not reflected in the collective agreement, the employee has the right to apply only for leave, during which the average earnings are not maintained.