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Ege in mathematics. How to prepare for the exam in basic mathematics. Good news: "The main thing is not to get a deuce!"

Questions are answered by O. A. Chernova, head of the department of state and legal disciplines of the PNU, candidate of legal sciences.

1. Labor legislation and other legal acts regulating labor relations in the Russian Federation

Regulation of labor relations in Russian Federation carried out by labor legislation, including legislation on labor protection.

The labor legislation of the Russian Federation consists of the Labor Code of the Russian Federation (adopted on December 30, 2001, effective as amended on May 19, 2013), federal laws and laws of the constituent entities of the Russian Federation containing labor law norms.

Labor relations are also regulated by other normative legal acts containing labor law norms, such as:

  • Decrees of the President of the Russian Federation (for example, Decree of the President of the Russian Federation dated April 29, 2010 No. 518 “On measures of state support for young employees of organizations of the military-industrial complex of the Russian Federation”);
  • Decrees of the Government of the Russian Federation (for example, Decree of the Government of the Russian Federation of December 3, 2002 No. 858 “On the Federal Target Program “Social Development of the Village until 2012”. The program includes activities, including those aimed at improving the living conditions of young families and young professionals living in rural areas);
  • normative legal acts of federal executive bodies (for example, by order of the Ministry of Health and Social Development of the Russian Federation No. 449 dated June 28, 2007, the administrative regulations for the provision of public services for the organization of temporary employment, including unemployed citizens aged 18 to 20 years from the number of graduates of educational institutions of primary and secondary vocational education, job seekers first);
  • regulatory legal acts of the executive authorities of the constituent entities of the Russian Federation (for example, Decree of the Government of the Khabarovsk Territory of June 15, 2009 No. 178-pr “On the implementation of measures to improve the living conditions of citizens living in rural areas” download (261.9 KB) ;
  • normative legal acts of local self-government bodies (for example, by the decision of the Assembly of Deputies of the Sovetsko-Gavansky municipal district in 2008, the municipal target programs “Personnel of the “Culture” branch” were approved download (249.0 KB) , “Pedagogical personnel” download (273.5 KB) , providing activities for targeted training and retention of young professionals);
  • collective agreements, agreements and local regulations.

Collective agreement is a legal act concluded by employees and the employer represented by their representatives.

The collective agreement regulates social and labor relations in the organization (as a whole, in its branches, representative offices and other separate structural divisions) or with an individual entrepreneur.

The collective agreement regulates social and labor relations in an organization (or an individual entrepreneur).

  • forms, systems and sizes of remuneration;
  • payment of allowances, compensations;
  • a mechanism for regulating wages, taking into account price increases, inflation rates, and the achievement of indicators determined by the collective agreement;
  • employment, retraining, conditions for the release of workers;
  • working time and rest time, including issues of granting and duration of holidays;
  • improving the working conditions and labor protection of workers, including women and youth;
  • observance of the interests of employees in the privatization of state and municipal property;
  • environmental safety and health protection of workers at work;
  • guarantees and benefits for employees who combine work with education;
  • health improvement and recreation of employees and their families;
  • partial or full payment for employees' meals;
  • control over the implementation of the collective agreement, the procedure for making changes and additions to it, the responsibility of the parties, ensuring normal conditions for the activities of employee representatives, the procedure for informing employees about the implementation of the collective agreement;
  • refusal to strike when the relevant conditions of the collective agreement are met;
  • other matters determined by the parties.

At the same time, it is important to remember that the content and structure of the collective agreement are determined by agreement of the parties (an agreement reached between the employer and employee representatives).

In addition, the collective labor agreement may define additional benefits and benefits for employees, more favorable working conditions (compared to those established by current laws). However, the possibility of establishing additional benefits and benefits for employees of a particular organization (institution, enterprise) directly depends on the financial and economic capabilities of the employer.

Agreement- a legal act concluded between the authorized representatives of employees and employers at the federal, interregional, regional, sectoral (intersectoral) and territorial levels of social partnership within their competence.

The agreement regulates social and labor relations and establishes general principles regulation of related economic relations between employees and employers.

The industry agreement establishes the general terms of remuneration, guarantees, compensations and benefits for employees of a particular industry.

Currently, a significant number of industry agreements have been concluded, which establish general conditions for remuneration, guarantees, compensations and benefits for employees of a particular industry. Here are just a few of them:

  • Federal industry agreement on the radio-electronic industry of the Russian Federation for 2009 - 2011 download (361.4 Kb) ;
  • Federal industry agreement on federally funded institutions subordinate to Rosmorrechflot in the areas of domestic water transport Russian Federation and education of the Russian Federation for 2009 - 2012 download (362.5 Kb) ;
  • Industry agreement on federal government agencies administered by the Department of Health and social development Russian Federation for 2010 - 2012 download (310.3 Kb) ;
  • Industry agreement of organizations and institutions of the Federal Service for Hydrometeorology and Monitoring environment for 2009 - 2011 download (297.9 Kb) ;
  • Industry agreement on fisheries organizations for 2010 - 2012 download (306.5 Kb)
  • Industry agreement on railway transport organizations for 2011 - 2013 download (306.8 Kb) ;
  • Industry agreement on organizations of the rocket and space industry of the Russian Federation for 2011 - 2013 download (284.0 Kb) .

In accordance with Article 46 of the Labor Code of the Russian Federation, the following issues may be included in the Agreement:

  • salary;
  • conditions and labor protection;
  • modes of work and rest;
  • development of social partnership;
  • other issues determined by the parties.

By agreement of the parties, the current Industry Agreements include separate sections providing for benefits, guarantees and compensations for young professionals and students.

At the same time, employers are recommended to establish additional social benefits and guarantees for young professionals, firstly, at their own expense and taking into account their own financial capabilities, and secondly, with their mandatory inclusion in the collective agreement.

Reference:

Name of the Industry AgreementSection of the Agreement providing for benefits, guarantees and compensations for young professionals
Federal industry agreement on federally funded institutions subordinate to Rosmorrechflot in the areas of inland water transport of the Russian Federation and education of the Russian Federation for 2009 - 2012 Section 8. Social protection of youth working in institutions
Industry agreement on federal state institutions under the jurisdiction of the Ministry of Health and Social Development of the Russian Federation for 2010 - 2012 Section VII. Guarantees of socio-economic and labor rights of young professionals and students
Industry Agreement of Organizations and Institutions of the Federal Service for Hydrometeorology and Environmental Monitoring for 2009-2011 Section 5. Work with personnel and young specialists
Industry agreement on organizations of the rocket and space industry of the Russian Federation for 2011 - 2013 Section VII. Youth work

Employers (with the exception of employers - individuals who are not individual entrepreneurs), within their competence and in accordance with labor legislation, have the right to adopt local regulations, the content of the labor law norm.

It is important to remember the following: Local regulations

  • should not worsen the position of the employee;
  • must comply with the current labor legislation, other regulatory legal acts containing labor law norms, collective agreements and agreements;
  • should take into account the opinion of the representative body of employees (if any).

An example of a local regulatory act is the Regulation on a young specialist of Russian Railways, approved. Russian Railways December 23, 2005

This provision was developed in accordance with the Labor Code of the Russian Federation, other federal laws and other regulatory legal acts of the Russian Federation, normative documents Russian Railways JSC, the collective agreement of Russian Railways JSC, and is aimed at attracting young specialists to work, securing them in Russian Railways JSC, and expanding the social guarantees provided to them.

The Regulation defines:

  • status and responsibilities of a young specialist;
  • provided young specialist guarantees and compensations;
  • obligations of Russian Railways in relation to a young specialist.

2. The concept of a young specialist in Russian legislation

The current federal legislation (Labor Code of the Russian Federation, federal laws adopted on the regulation of labor relations) does not contain the concept of "young specialist".

However, the concepts of "young specialist", "young worker" are used in various regulatory legal acts regulating labor and other relations directly related to them with the participation of young specialists. These concepts can be found both in the titles of legal acts and in the text.

At the same time, uniform criteria for classifying a specific category of workers as young specialists have not yet been developed.

The Labor Code of the Russian Federation (Article 70) uses the term "A person who has graduated from an educational institution of primary, secondary and higher professional education, having state accreditation, and for the first time entering a job in the specialty received within one year from the date of graduation from the educational institution."

In the Agreement between the Government of the Russian Federation and the Government of the French Republic on the temporary labor activity of citizens of one state on the territory of another state (Rambouillet, November 27, 2009), a young specialist is considered as a citizen of the state of one Party aged 18 to 30 years old, already working or starting to labor activity who goes to the territory of the state of the other Party to improve his employment prospects and deepen his knowledge of the society of the host state by acquiring paid work experience on the basis of an employment contract concluded with the employer of the state of the other Party.

Decree of the President of the Russian Federation of April 29, 2010 No. 518 “On measures of state support for young employees of organizations of the military-industrial complex of the Russian Federation” extends its effect to young engineering and technical workers, specialists and highly qualified workers of organizations of the military-industrial complex of the Russian Federation aged up to 35 years.

In the Concept for the development of education in the field of culture and art in the Russian Federation for 2008 - 2015 (approved by the Decree of the Government of the Russian Federation of August 25, 2008 No. 1244-r), a young specialist is understood as a graduate of higher and secondary specialized educational institutions of the arts.

According to the Industry Agreement of organizations and institutions of the Federal Service for Hydrometeorology and Environmental Monitoring for 2009 - 2011 (approved by the All-Russian Trade Union of Aviation Workers, Roshydromet on March 11, 2009) young specialist is a graduate of hydrometeorological technical schools and universities, sent to work in organizations and institutions of Roshydromet on the basis of applications from employers.

According to industry agreements on bodies and organizations of the Federal State Statistics Service for 2009 - 2011 (approved by the Trade Union of Workers of State Institutions and Public Services of the Russian Federation, Rosstat on December 18, 2008), on railway transport organizations for 2011 - 2013 (approved by the Russian Trade Union railway workers and transport builders, the Council of the All-Russian Industry Association of Railway Transport Employers on 11/01/2010), young professionals are graduates of specialized institutions of vocational education.

A more detailed definition of a young professional is enshrined in the Industry Agreement for Organizations federal agency on technical regulation and metrology for 2009 - 2011 and the Regulations on the young specialist of Russian Railways.

According to the Industry Agreement on Organizations of the Federal Agency for Technical Regulation and Metrology for 2009 - 2011 (approved by the Trade Union of Mechanical Engineers of the Russian Federation, Rostekhregulirovanie on January 13, 2009), young specialists are considered to be persons under the age of 30 who graduated with a break from work full course studying at a university and employed in an organization according to the profile of the received specialty within 3 months immediately after graduation. At the same time, the status of a young specialist is calculated for three years from the date of conclusion of an employment contract. with the employer, subject to the obligation of the young specialist to work in the organization for at least 3 years.

In accordance with the Regulations on the young specialist of Russian Railways (approved by Russian Railways on December 23, 2005 No. 1295), young specialists include graduates of educational institutions of higher and secondary vocational education full-time at the age of up to thirty years old, accepted to work at Russian Railways in the year of graduation in accordance with an agreement on targeted training of a specialist or on the basis of a referral issued by an educational institution in agreement with Russian Railways. At the same time, the Regulation states that the status of a young specialist is valid for three years. However, it is possible to extend this period for another three years in the event of:

  • call for a young specialist military service(direction to the alternative civilian service that replaces it);
  • sending a young specialist for an internship or training with a break from production at the main place of work;
  • sending a young specialist to full-time graduate school for the preparation and defense of a Ph.D. thesis for a period of not more than three years;
  • granting a young specialist leave to care for a child until he reaches the age of three years.

Thus, it is possible to determine indicative list of main and additional criteria, which must be met by a university graduate applying for the status of "young specialist".

The main criteria for defining the concept of "young specialist", provided for in the Labor Code of the Russian Federation:

  • A person must graduate from an educational institution of higher professional education that has state accreditation.
  • A person must first enter a job in the specialty received.
  • A person must be employed in the acquired specialty within one year from the date of graduation from an educational institution.

Additional criteria may be provided for in Industry Agreements and apply only to workers in a particular industry.

Reference:

Additional criteria established in the organizations of the Federal Agency for Technical Regulation and Metrology:

  1. A person must find a job in the profile of the received specialty within 3 months immediately after graduation.

Additional criteria established in organizations of the Federal Service for Hydrometeorology and Environmental Monitoring:

  1. A person must be sent to work at the request of the employer.

Additional criteria established by Russian Railways:

  1. A person must complete a full course of study at a university with a break from work, i.e. the person must be a full-time university graduate.
  2. The person was trained under a contract for targeted training of a specialist.
  3. The person was hired on the basis of a referral issued by the educational institution in agreement with the employer.

In addition, the Industry Agreements also set an age criterion. As a rule, the status of a young specialist applies to persons under the age of 30-35 years.

3. Guarantees and benefits provided to a young specialist

The current labor legislation provides for general and special guarantees provided to employees, including young professionals.

Guarantees are understood as the means, methods and conditions by which the exercise by the employee of the rights granted to him in the field of social and labor relations is ensured.

To general guarantees in accordance with the article of the Labor Code of the Russian Federation, those that are provided when hiring, when transferring to another job, for wages are included.

To special include guarantees provided in the following cases:

  • when sent on business trips (Art.,, 168.1 of the Labor Code of the Russian Federation);
  • when moving to work in another area (Art. Labor Code of the Russian Federation);
  • in the performance of state or public duties (Ch. Labor Code of the Russian Federation);
  • when combining work with training (Ch. Labor Code of the Russian Federation);
  • in case of forced termination of work through no fault of the employee (Art. Labor Code of the Russian Federation);
  • when granting annual paid leave;
  • in some cases, termination of an employment contract (Article ,, Labor Code of the Russian Federation);
  • due to a delay due to the fault of the employer in issuing a work book upon dismissal of an employee (Article 4 of the Labor Code of the Russian Federation).

The main guarantees of the labor rights of a young specialist are provided for in the Labor Code of the Russian Federation.

Let us consider separate guarantees of the rights of young professionals.

One of the additional conditions of the employment contract may be a test condition. The test period for general rule cannot exceed three months.

Additional guarantees for young professionals are provided in accordance with the concluded industry agreements, collective agreements, adopted at the level of the organization by local regulations and are established taking into account the financial capabilities of the employer.

Additional guarantees are established taking into account the financial capabilities of the employer and must be provided for in a collective agreement or local regulatory act.

Let us give as an example only certain guarantees of the socio-economic and labor rights of young specialists, which can be included in a collective agreement by agreement between the employer and employee representatives:

  1. assignment of mentors to all young specialists in the first year of their work;
  2. conducting planned training and advanced training at the expense of the employer;
  3. setting incentive bonuses:
    • payment to a young specialist who first came to work, a lump-sum allowance in the amount of not less than the salary (official salary), wage rate;
    • payment of "lifting";
    • establishing a monthly allowance for 3 years after graduation;
  4. providing financial assistance for accommodation at the place of residence;
  5. assistance in solving housing issues for young professionals (acquisition of housing, provision of corporate housing or a place in dormitories, reimbursement of housing costs, provision of loans or credits for the purchase of housing) within the limits of financial possibilities, etc.
  6. Organizations under the jurisdiction of the Federal Agency for Technical Regulation and Metrology, in addition, have the obligation not to dismiss a young specialist for 3 years for reasons related to staff reduction (see Industry Agreement on Organizations of the Federal Agency for Technical Regulation and metrology for 2009 - 2011).

4. Employment of a young specialist. Labor contract. Employment history

The parties to labor relations in accordance with the articles and the Labor Code of the Russian Federation are the employee and the employer.

Labor relations between an employee and an employer arise on the basis of an employment contract as a result of appointment to a position or approval in a position.

The definition of an employment contract is formulated in an article of the Labor Code of the Russian Federation.

An employment contract is an agreement between an employer and an employee that defines the rights and mutual obligations of the parties.

In accordance with the employment contract, the employer undertakes:

  • provide the employee with work according to the stipulated labor function,
  • ensure the working conditions provided for by labor legislation and other regulatory legal acts containing labor law norms, a collective agreement, agreements, local regulations and an employment contract,
  • timely and in full to pay the employee wages.

The employee, in accordance with the employment contract, is obliged to:

  • personally perform the labor function determined by the employment contract,
  • comply with the internal labor regulations applicable to the employer.

The employment contract specifies:

  • last name, first name, patronymic of the employee and the name of the employer (last name, first name, patronymic of the employer - an individual) who entered into an employment contract;
  • information about the documents proving the identity of the employee and the employer - an individual;
  • taxpayer identification number (for employers, except for employers - individuals who are not individual entrepreneurs);
  • information about the representative of the employer who signed the employment contract, and the basis by virtue of which he is endowed with the appropriate authority;
  • place and date of conclusion of the employment contract.

Mandatory conditions of the employment contract:

  • place of work, and in the case when an employee is hired to work in a branch, representative office or other separate structural unit of the organization located in another locality, the place of work indicating the separate structural unit and its location;
  • labor function(work according to the position in accordance with the staff list, profession, specialty, indicating qualifications; specific type of work assigned to the employee);
  • start date(and in the case of concluding a fixed-term employment contract, also the term of its validity and the circumstances (reasons) that served as the basis for its conclusion);
  • terms of wages a (including the size of the tariff rate or salary (official salary) of the employee, additional payments, allowances and incentive payments);
  • working hours and rest time(if for this employee it differs from general rules operating for this employer);
  • compensation for hard work and work with harmful and (or) dangerous working conditions (if the employee is hired in appropriate conditions, indicating the characteristics of working conditions at the workplace);
  • conditions governing where necessary character work(mobile, traveling, on the road, other nature of work);
  • condition on compulsory social insurance of an employee;
  • other terms in cases provided for by labor legislation and other regulatory legal acts containing labor law norms.

In the event that at the conclusion of the employment contract it did not include any of the mandatory information or conditions, the employment contract must be supplemented with the missing information and (or) conditions.

The absence in the text of the contract of any of the mandatory conditions or any information about the persons who entered into the contract does not entail the invalidity of the contract and its termination. The parties to the agreement must supplement it with the missing information and (or) conditions.

In this case, the missing information is entered directly into the text of the employment contract, and the missing conditions are determined by the appendix to the employment contract or by a separate agreement of the parties, concluded in writing, which are an integral part of the employment contract.

The employment contract may provide for additional terms however, they must not worsen the position of the worker.

Additional terms of the employment contract should not worsen the position of the employee.

Additional conditions of the employment contract are:

  • a condition on specifying the place of work (indicating the structural unit and its location) and (or) on the workplace;
  • test condition;
  • condition on non-disclosure of legally protected secrets (state, official, commercial and other);
  • a condition on the obligation of the employee to work after training for at least the period established by the contract (if the training was carried out at the expense of the employer);
  • a condition on the types and conditions of additional employee insurance;
  • a condition for improving the social and living conditions of the employee and members of his family;
  • a condition on clarifying, in relation to the working conditions of this employee, the rights and obligations of the employee and the employer established by labor legislation and other regulatory legal acts containing labor law norms.

Issues related to the conclusion of an employment contract are regulated in detail in Chapter 11 of the Labor Code of the Russian Federation. This is the definition of the age at which the conclusion of an employment contract is allowed (Article ), and the establishment of guarantees when concluding an employment contract (Article ), and the determination of the list of documents that a person entering a job must present to an employer (Article 65), and the procedure for maintaining an employee's work book (Art.), and the requirements for the form of an employment contract (Art.), and establishing the procedure for applying for a job (Art.).

The employment contract must be drawn up in writing in two copies.

One copy of the employment contract is transferred to the employee, the other is kept by the employer.

When concluding an employment contract, a person entering a job presents the following documents to the employer:

  • the passport or other identity document;
  • work book(in the event that an employment contract is concluded for the first time, as well as in the event that an employee goes to work on a part-time basis, the presentation of a work book is not required);
  • insurance certificate of state pension insurance(in the event that a person goes to work for the first time, the presentation of an insurance certificate is not required);
  • military records(only for persons liable for military service and persons subject to conscription for military service);
  • a document on education, qualifications or the availability of special knowledge (when applying for a job requiring special knowledge or special training);
  • certificate of presence (absence) of a criminal record and (or) the fact of criminal prosecution or the termination of criminal prosecution on rehabilitating grounds (when applying for a job related to activities to which persons who have or had a criminal record, are or have been subjected to criminal prosecution are not allowed). This certificate is presented by persons entering the public service(in particular, to serve in law enforcement agencies). For example, a citizen of the Russian Federation convicted of a crime, having or having had a criminal record, cannot be hired by the Investigative Committee of the Russian Federation, bodies and institutions of the prosecutor's office, cannot be a judge, he cannot be issued a license to engage in private detective and security activity.

Documents not included in this list may not be required from a person applying for a job.

However when citizens (including young specialists) enter the state and municipal service, when a foreign worker is employed, the employer has the right to require the provision of additional documents, the list of which is established in federal laws, decrees of the President of the Russian Federation and resolutions of the Government of the Russian Federation.

Reference:

When entering the municipal service, a citizen additionally submits:

  • an application with a request to enter the municipal service and replace the position of the municipal service;
  • a self-filled and signed application form in the prescribed form;
  • certificate of registration of an individual with a tax authority at the place of residence on the territory of the Russian Federation;
  • the conclusion of a medical institution on the absence of a disease that prevents entry into the municipal service;
  • information on income for the year preceding the year of entry into the municipal service, on property and obligations of a property nature.

Foreign citizen has the right to carry out labor activity in the territory of the Russian Federation only if he has a work permit.

In the event that an employment contract is concluded for the first time (for example, with a university graduate), the obligation to draw up a work book and an insurance certificate of state pension insurance lies with the employer.

The work book is the main document about the work activity and work experience of the employee.

Consider the features of the regulation of the labor of young professionals who have concluded a contract for a period of up to two months:

  • the test is not established;
  • employees can be involved in work on weekends and non-working holidays, however, only with their written consent and with wages not less than double;
  • vacation and payment of compensation upon dismissal are calculated in working days, and not in calendar days (at the rate of two working days per month of work);
  • if a fixed-term employment contract is terminated at the initiative of the employee ahead of schedule, he is obliged to notify the employer not two weeks in advance, but three calendar days in advance;
  • severance pay upon dismissal, as a general rule, is not paid, unless otherwise provided by federal laws, a collective agreement or an employment contract.

Consider the features of the regulation of the labor of young professionals employed in seasonal work:

  • as seasonal work due to climatic and other natural conditions are carried out within a certain period (season), not exceeding, as a rule, six months, the test cannot exceed two weeks;
  • paid holidays are granted at the rate of two working days for each month of work;
  • in case of early termination of the employment contract:
    • the employee is obliged to notify the employer in writing at least three calendar days before the dismissal;
    • in case of liquidation of the organization, reduction of the number or staff of employees, the employer is obliged to notify the employee in writing against signature at least seven calendar days in advance and pay a severance pay in the amount of two weeks of average earnings.

The procedure for terminating a fixed-term employment contract is defined in an article of the Labor Code of the Russian Federation.

As a general rule, a fixed-term employment contract is terminated with the expiration of its validity period (in the event that the contract was concluded for a certain period and the duration of the contract was indicated in it).

In this case, the employee must be warned about the termination of the employment contract in writing at least three calendar days before the dismissal.

At the same time, the article of the Labor Code of the Russian Federation establishes that if none of the parties demanded the termination of a fixed-term employment contract due to its expiration and the employee continues to work, the condition on the urgent nature of the employment contract becomes invalid and the employment contract is considered concluded For undefined period.

If the employee continues to perform his labor duties after the expiration of the employment contract, the contract is considered concluded for an indefinite period. In this case, the employer cannot dismiss the employee due to the expiration of the employment contract without his consent.

In the event that the expiration date of a fixed-term employment contract was not specified in it, but was made dependent on the occurrence of a certain event (for example, the employee who previously held this position, the end of the season, the completion of work), other rules are established in the Labor Code of the Russian Federation :

  • If the employment contract was concluded for the duration of the performance of a certain work, its validity period terminates upon completion of this work.
  • If the employment contract was concluded for the duration of the performance of the duties of the absent employee, its validity period terminates with the release of this employee to work.
  • If an employment contract was concluded for the performance of seasonal work during a certain period (season) - its validity expires at the end of this period (season).

Federal and regional authorities establish benefits and social payments young professionals. They serve as a measure to stimulate the working capacity of graduates of vocational training institutions. Let us further consider the procedure for paying financial assistance to young specialists in some regions.

Subjects of law

Currently, there is no clear regulation of the status of a young specialist at the federal level. Missing and general idea about due benefits. Meanwhile, certain information is contained in the 70th article of the Labor Code. In accordance with the norm, the employer cannot establish a probationary period for persons who graduated from universities and institutions of secondary vocational education less than a year ago. According to the Labor Code, young specialists no longer have benefits. There is no clear definition of entities that can count on payments and other material assistance in the legislation. However, based on the analysis of normative acts, a number of signs can be distinguished under which a citizen should fall. Payment to young professionals, in particular, can be established by citizens:

  1. The age of which is not more than 35 years. In some regions, the limit is 30 years.
  2. who graduated from a lyceum or vocational school or have higher education(received it at a university with state accreditation, full-time). In some regions, compulsory education on the budget is established as an additional requirement.
  3. Carrying out activities at an enterprise located on state, municipal or regional support.

Financial assistance: general information

The provision of support measures is determined by departmental industry agreements. If we talk about non-state enterprises, then the payment to young specialists is carried out in accordance with local regulations. For detailed information about the provided benefits when applying for a job, you should familiarize yourself with the collective agreement. Some enterprises have provisions regulating the status of young professionals. Such documents specify in detail the conditions for carrying out activities in the organization, establish a list of support measures, and the amounts that an employee can count on. The provisions also regulate directly the mechanism for providing material assistance.

Features of the age threshold

Payment to young professionals, as mentioned above, is due to citizens under the age of 30-35. The maximum threshold is set in each region at the discretion of the authorized authorities. From the date of employment (conclusion of an agreement with the employer), the status of yesterday's student will be valid for 3 years. You can't get it a second time. In some cases, however, it is allowed to increase the duration of the status up to 6 years. This is possible if the young specialist:

  1. Trained in postgraduate or graduate school full-time.
  2. Undergoing alternative or conscription service.
  3. He is on maternity leave, taking care of a minor.

Support measures

In 2012, a government decree recommended the adoption of a law, according to which, in the first month from the moment of employment, an enterprise assigns a stimulus payment to young professionals. The corresponding normative act was approved a month later. The key goal of the law is to attract citizens who have received a certain specialty to work in their profession. Currently, there are no uniform measures to support yesterday's graduates. Each region independently regulates this area, adopts relevant regulations. The main support measures today are:

  1. Provision for housing.
  2. One-time payment for young professionals.
  3. Concessional loans or In some regions, the provision of corporate space is provided.
  4. Compensation for transport costs.
  5. Reimbursement of expenses for the maintenance of children in a preschool educational institution. Such a payment to young professionals can partially or fully offset the costs.

Priority areas of activity

These include education and healthcare. As mentioned above, each region provides for its own conditions and rules for providing material assistance to former graduates. For example, the Decree of the Government of Moscow dated March 23, 2004 provides for the requirements, subject to which payments are made to a young specialist in education:

  1. Age up to 35 years.
  2. A diploma certifying the completion of a secondary or higher educational institution.
  3. A citizen must start working in the profession no later than 90 days after graduation (receipt of a diploma).

In St. Petersburg, Saratov region, and in a number of other subjects, the age limit is 30 years. This limit is officially set in regional regulations. To clarify information regarding the status of a young specialist, as well as the provided benefits, you should contact the territorial department of the Department of Education at the address of work or residence.

Important point

It should be borne in mind that if a citizen works as a teacher without having special education, and at the same time he is less than 35 years old, then he is considered a young specialist. Accordingly, the person is entitled to expect to receive the envisaged benefits. For example, the subject is a teacher and holds a degree in a non-teaching profession. This is not grounds for depriving a citizen of the status of a young specialist.

Payments to young professionals (teachers) 2016 in St. Petersburg

Specific types of material assistance are provided for in regional legislation. In accordance with it, the following lump-sum payment to young professionals is determined:

  1. 6 base units. Employees with a diploma of secondary / higher vocational education are entitled to apply for such material assistance.
  2. 8 base units. This payment to young specialists is assigned if the diploma is with honors.

The value of the base unit is established in the Budget Law. The normative act provides for a planned increase in its size. Accordingly, the payment to a young specialist also increases (2016 - the base unit is 9174 rubles, 2017 - 9880 rubles, 2018 - 10572 rubles). In addition, compensation of 1/2 of the transport costs is due. This monthly payment to a young specialist is assigned upon his application. It is worth saying that compensation is due to citizens under the age of 30, and does not apply to taxis. The application must be submitted to the social security authority or to the territorial division of the Department of Education.

Moscow

The capital region also provides for payments to teachers (young specialists) upon employment. Unlike St. Petersburg, in Moscow, an employee can receive a 40% bonus to the rate during the first three years of activity. If the graduate has a diploma with honors, then he is entitled to 50% on top. One important point must be taken into account here. The specified surcharge does not apply to the additional load. For example, the subject works for 1.5 rates. The allowance will be charged only for one. Additionally, a young specialist can count on an additional payment of 15% of the rate that compensates for transportation costs.

Health care system

In this area, lifting payments to young professionals and other benefits are provided only if a citizen is sent to work in. In addition, Federal Law No. 326 establishes the following requirements:

  1. Age up to 35 years.
  2. The term of the contract with the employer is not less than 5 years.

Financial assistance to doctors

The rules for its provision are provided for in Federal Law No. 326. The one-time payment to young professionals employed in the healthcare sector is 1 million rubles. This amount is provided for all employees who arrived in the Elevation payments to young professionals are carried out within the framework of a program adopted at the federal level. It is called "Zemsky Doctor". To receive the specified amount, it is necessary to conclude an agreement with the local authorities of the settlement in which the professional activity. professionals employed in the field of healthcare, is made with a diploma of higher education. At the same time, a citizen must work according to his profile. The legislation establishes one more condition, subject to which payment to young specialists is assigned. An order for the provision of material assistance is issued only if former graduate enter into a contract for at least 5 years. If, for some reason, a citizen decides to quit, then he will have to return part of the amount he received.

housing issue

In addition to monetary payments, the state provides for the provision of young doctors with living space. This is done by the following grants:

  1. Apartments.
  2. Subsidies for the purchase of housing or compensation for part of the loan (mortgage).
  3. Land for construction.

You should also know that the amount of 1 million has a special purpose. According to the law, it is not taxed. According to the established rules, it should be aimed at improving living conditions. For example, they can be used to repay part of a loan taken from a bank.

Additional warranties

In some regions, the authorities provide for lifting payments to young professionals, in excess of those established by the federal program. For example, in the Pskov region, the list of subjects eligible for material assistance includes representatives of the nursing staff. In addition to the above lifting and other compensations, they can receive:

  1. 30 thousand rubles - paramedics and nurses, and those working in obstetric centers - 50 thousand rubles.
  2. 100 thousand rubles - doctors.

AT Rostov region students can count on financial assistance even before they receive their diplomas. So, for example, students in the 4-6th year of medical university receive additional amounts to their scholarships. Doctors-interns, in turn, have the right to count on payments in the amount of 5 thousand monthly. This amount acts as an increase in salary. The payment of this money is carried out regardless of which course the student is studying.

Employees in other areas

In the regions, support is provided not only to health workers. In Novosibirsk, Nizhny Novgorod, Ufa, programs were adopted, according to which material assistance is provided to employees of other areas once a year for three years. In these regions, the following amounts are established. For the first year - 40 thousand, for the second - 35, for the third - 30 thousand rubles. AT major cities(St. Petersburg, Moscow), the amount of material assistance is, of course, higher, since the calculation is carried out taking into account various factors. For example, the standard of living in locality, the average income in the area in which the worker is employed. For example, a young teacher in St. Petersburg can receive more than 50 thousand rubles at a time.

Design rules

Payments to specialists who meet the above requirements are made in the manner prescribed by law. The direct provision of financial assistance rests with the employer providing the job to the graduate. A grant aimed at stimulating recruitment is not taxed. To participate in the target program, it is necessary to conclude an agreement with the organization for 5 years. The field of activity of a citizen must correspond to the specialty he has received.

Required documents

To exercise the right to receive incentive payments and other benefits, a young specialist writes an application immediately at the time of employment. After that, the standard registration procedure is carried out. The employer approves the order for hiring and assigning appropriate payments to the young specialist. As a general rule, an employee admitted to the staff must be familiar with local acts under painting. The young specialist attaches a copy of the diploma and labor certificate to the application. The latter contains the date from which the citizen is considered officially employed at the enterprise. Based on these documents, payments are made to young doctors, teachers and other specialists.

Conclusion

As mentioned above, only a framework law has been adopted at the federal level, providing for the possibility of receiving financial assistance to specialists who graduated from educational institutions less than a year ago. The main activities for the development of specific targeted programs are carried out in the regions and municipalities. It should be noted that financial assistance can be provided to young professionals not only in budgetary organizations.

Any employer, including the head of a commercial enterprise, has the right, at its discretion, to establish support measures for hired employees. At the same time, the candidate for the place must also meet the requirements provided for in the legislation. In particular, we are talking about age, the presence of a diploma and the term of the contract.

Young professionals is one of the directions of internal social policy states. At the same time, at the federal level, it was decided to transfer the authority for the direct implementation of the program to regional and local authorities. This is due to the fact that in the constituent entities and municipalities, the relevant authorities, when approving regulations, take into account the characteristics of the terrain, working conditions and other factors. This, in turn, makes it possible to develop relevant measures for a specific territory, to ensure the influx of in-demand personnel. After all, incentive payments can be received by young specialists of any profession.

Many young professionals who have graduated educational institution quite recently, they cannot find a job in their specialty.

Getting a job without work experience is doubly difficult. There are problems with housing. These problems did not appear yesterday, they appeared a long time ago and continue to exist further.

To solve this problem, it is necessary to motivate specialists, and for this it is necessary to employ them. First of all, this help is needed by specialists working in.

Young specialist - who is he?

A young specialist is an employee who has received primary, secondary or higher education, as well as started working within a year after he graduated from an educational institution.

From a legal point of view, this status has special rights and guarantees than other categories of workers.

To enjoy young professional status, you need to meet some criteria:

  1. Full-time education;
  2. Training on a budgetary basis;
  3. Passing the final certification and obtaining the appropriate diploma;
  4. Direction to work on distribution.

If at least one condition is not met, the status may be denied. Also, only budgetary organizations will support young specialists. For commercial it is not mandatory condition, but possible. A graduate is accepted for work on the basis of a contract and without a probationary period.

It is possible to dismiss a young specialist in case of termination of the organization's activities, due to his health or disability.

Payouts

The young specialist is entitled to receive the following types of payments.

One time payment. For example, professions such as educator and teacher receive a salary increase every month for three years from the date they take office.

In this aspect, there is one condition: in the event that a young specialist leaves his place of work at his own request, he is obliged to pay all the allowances that were provided to him. Also, the payment can be made in another way - at the end of the term of the employment contract.

Lift payments. These types of payments came into force in 2012 for specialists who graduated from higher and secondary educational institutions.

The legislative framework

According to the decree of the government of the state of the Russian Federation, a draft was drawn up, which indicated the payment to a young specialist during the first place from the date of his acceptance to workplace and signing the contract. These payments are called lifting. They depend on the specialty and place of work. The objective of this project is to attract specialists for their device in the received specialty.

An additional benefit that is provided to professionals is the housing program. To be eligible, you must have worked in the same organization for five years. It is easier to use this program for specialists who have remained to work in rural areas.

Features of the provision of cash payments

In order for a young teacher to be able to count on benefits and payments, he must answer certain conditions, namely:

  • age not older than 35 years;
  • employment immediately after graduation;
  • conclusion of an agreement with the employer for a period of at least three years;
  • to provide a preferential mortgage - experience in the specialty.

Depending on the region, different features for providing support are offered. According to the legislation, the status of a young specialist can be established only once. The experience should not exceed three years.

But it can be extended in the following cases:

  • conscription for urgent military service;
  • postgraduate study at daily form;
  • internship or additional training, which involves separation from the workplace.

In other words, a teacher who has received this status, worked at school for a certain period and went on parental leave, and then returned again, continues to have this status.

The amount of lifting payments for teachers

Lifting bonuses are accrued according to the scholarship that the employee received during the training period. The amount of payments depends on the region in which the young specialist works. In 2019, young teachers can count on several types of social support:

  1. One-time payment, the size of which varies in the range from 20,000 rubles. up to 100,000 rubles (the highest assistance is provided to teachers working in the capital - 100,000 rubles, and if a novice specialist finds a job at a St. Petersburg school, he will be able to count on no more than 50,592 rubles.) It should be noted that only those young professionals who are employed in state institutions. Maximum value lifting is fixed in rural areas, but at the same time regulated by regional social support programs.
  2. Increase in earnings. Teachers who graduated from a university with honors can apply for a 50% increase in monthly income. The rest of the young professionals can count on an increase in earnings by no more than 40%.
  3. Participation in mortgage lending on preferential terms. If a young specialist decides to improve their living conditions, then by becoming a member of such a program, he will be able to count on the support of the state, which will repay part of his debt obligations to a financial institution.
  4. In some regions of the Russian Federation, beginner teachers are provided with housing allowances.

Those young teachers who meet the following criteria:

  • the maximum age limit is fixed at the level of 35 years (in some subjects of the Russian Federation, the upper bar goes down to 30 years);
  • the applicant must have a diploma of secondary or higher vocational education in an institution that has passed state accreditation;
  • a young specialist should find a job in the state Educational establishment within three months of graduation.

How to receive

Payments are made by the employer who provided the graduate with a job. The grant, which is aimed at supporting, not subject to taxes. An important condition for receiving payments is the obligatory work in the received specialty.

To become the owner of housing on preferential terms, you will need to add a paper confirming your need for living space to the required package of documents.

But there is one minute - the first installment should be 30% of the total cost of the apartment or house.

List of required documents

To qualify for the payment of lifting you need to come to the employer and write an application. Next, your employer creates a special pay order and informs you about it. Having carefully read the order, the specialist must sign it.

In order for everything to go smoothly, the employer must attach the following to the written application: a copy of the diploma of the completed educational institution and a copy of the work book, certified by a notary. The work book must contain the date when the employee started work.

Other perks

According to the Labor Code of the Russian Federation, teachers are provided with some privileges:

  1. Vacation is 42-56 days. If a teacher works without holidays, then he can take a vacation for up to one year;
  2. Working week no more than 36 hours;
  3. Early retirement;
  4. Provision of a monthly payment for the purchase of literature.

Some benefits have also been developed for teachers working in rural areas: the provision of an increased salary; provision of benefits for utilities, for example, payment for light, heat and electricity.

The countryside, like nothing else, needs qualified personnel. But specialists do not want to work there because of the relatively low wages and lack of housing.

That is why the state pays great attention to the provision of housing for teachers who have got a job in the village.

To take part in this target program, you will need to collect the necessary package of documents:

  1. Special statement;
  2. Passport or other identity document;
  3. Diploma of a completed educational professional institution;
  4. Birth certificate of children or adoption certificate, if any;
  5. A document indicating the need to provide housing;
  6. A certificate from the bank, which indicates the presence of the finances necessary for the first installment;
  7. Documents for the construction or purchase of a dwelling.

AT some regions countries are provided with the following benefits:

  • Providing financial assistance at the beginning of labor activity;
  • Bonus payment after one, two and three years of work;
  • Discount on public transport.

It also provides for the provision housing allowances. Wage teachers is small and they are unlikely to be able to afford to buy housing on credit.

Therefore, the state has developed preferential mortgage which provides for:

  • payment of part of the housing by the state (no more than 40% of the total cost);
  • sale of housing at an affordable cost for teachers;
  • lending to pay interest on a mortgage.

In the event that, after distribution, a specialist teacher moves to another area, then he receives housing, regardless of the queue.

So, by providing benefits, the state, together with local authorities, resolves the issue of personnel, thereby providing the country's schools with young qualified specialists.

See the following video about state support for young teachers:

After graduating from an educational institution, young professionals go out with a portfolio of theoretical knowledge behind their backs.

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In this case, the state tries to stimulate the younger generation to develop in the field of education received, providing them with incentives in the form of lifting and additional payments.

When we face the choice of future education, then, therefore, we think about whether we will be able to work in our specialty later?

Unfortunately, most of all diplomas lie under a pile of books and folders, covered with dust. What is it connected with?

Employers want to hire an already understanding and knowledgeable employee who does not need to undergo an internship or training course.

And young professionals who have just graduated are blocked from the road, citing inexperience.

Let's see what kind of assistance the state provides for the development and arrangement of the younger generation.

Main Aspects

A young specialist (MS) is considered to be a citizen who, after graduating from a university, secondary educational institution or primary education, throughout the year, in his specialty.

MS status is determined by the following criteria:

  • to be trained on a full-time basis;
  • enroll and continue to study on a budgetary basis;
  • pass certification exams for "good" and "excellent";
  • obtain an appropriate diploma of completion of education;
  • provide a job referral.

Non-compliance with one of the criteria does not give the right to be considered a "young specialist", respectively, a refusal to apply for benefits will be received.

These incentive programs work in budgetary organizations, in fact, this has nothing to do with commercial ones.

But the employee may require the head of such an enterprise to submit a request for the payment of benefits. By law, the head does not have the right to refuse.

Which are aimed at making them interested in further development. These acts indicate the procedure and amount of payments, relative to the region of residence and place of work.

Frequently occurring problems are not the availability of new housing, because sometimes you have to move to another city or town, village

.

The program includes assistance in providing new housing for the employee, even including those with preferential and more favorable conditions.

Subject to the following decrees:

Labor Code of the Russian Federation, "Test for employment" Young professionals are hired without a probationary period
Labor Code of the Russian Federation, "Basic concepts and definitions" Deciphers the terminology and understanding of the attitude of a young specialist and the type of his activity
Federal Law "On Mandatory medical education in RF" Regulates relations arising in connection with the implementation of compulsory health insurance, including determines legal status subjects of compulsory health insurance and participants in compulsory health insurance, the grounds for the emergence of their rights and obligations, guarantees for their implementation, relations and responsibilities associated with the payment of insurance premiums for the mandatory non-working population

How to get a privilege

To formalize their legal privileges, a young specialist needs to prepare a package of documents, preferably in advance, and submit it to the appropriate department, office, department (which is available in the department in the region of residence on this issue).

The Ministry of Education manages programs for providing lifting for teachers and educators, the Ministry of Health of the Russian Federation is more related to doctors.

Each issue has its own set of papers required to provide the due payment.

Conditions of issuance in fields of activity

Each specialty has its own requirements regarding age, work experience, etc.

But there are general parameters by which the status of a young specialist is established:

  • training on a budgetary basis;
  • is studying full-time;
  • final instruction in the education of the profession in an institution (primary, secondary, higher);
  • get a diploma of education specialty in the state. sample;
  • work in the specialty;
  • full employment after graduation;
  • the average age of a young specialist is up to 35 years. There are differences for each region.

With the exception of the following events, the special position of a specialist may change upwards:

  • military call;
  • further study at a day hospital, after receiving a starting one;
  • up to 3 years old child.

Without these nuances, the status of a young specialist is valid for 3 years.

Medics

Medical workers are the only category of specialists of their kind that has federal support from the state (beneficiaries). They have a pretty extensive support system.

For example, the Zemsky Doctor program, which concludes the goal, is to attract and involve young professionals, to develop in them a desire to work in the countryside (rural paramedic).

About 1 million rubles are allocated by the country's budget for stimulation. employee. Medical staff need to provide documents:

  • passport of the Russian Federation and TIN;
  • diploma and its copy, indicating medical education;
  • a certificate confirming the completion of residency;
  • certificate of enrollment in the staff of the employee;
  • application form for concluding an agreement with the Ministry of Health of Russia.

All of the above documents are sent to the regional MHIF. Documents must be notarized with copies attached to them (also certified).

Within a month, the funds will be credited to the current account. Regarding the age of doctors, its limit value in 2016 was increased to 50 years (was 45 years).

Elevation payments and additional payment to young professional teachers

After a young teacher has graduated from his educational institution (university, college), he can qualify for lifting.

The payment is made one month after the start of labor activity in the specialty. The amount of the payment depends on the region of residence and work experience.

The average value varies around 10-20 thousand. rub. For example, in St. Petersburg, payments are made according to the student's previous performance.

In Irkutsk, additional budgetary funds are allocated, which makes it possible to install up to 50 thousand rubles. teachers are also entitled to salary bonuses for the first 3 years in the amount of up to 40% monthly.

Those who graduated with honors - up to 50%.

For those who decide to devote their labor activity in villages and towns, away from the hustle and bustle of the city, mortgages are available on favorable terms:

  • rate up to 8.5% per annum;
  • PV is made by the state;
  • long-term deal.

To receive the expected payments, a young specialist needs to provide the following documents:

  • completed application for expected payments;
  • diploma (original) and its copies;
  • copies of documents indicating the direction of work in the region and enrollment in the teaching staff of the educational institution;
  • certificate from the personnel department about the experience;
  • work book (copy).

Other

Regarding teachers, additional benefits apply:

  • holiday pay is from 42 to 56 days. An exception, if the teacher has been working for a long time without holidays, then he has the right to issue himself up to a year, if necessary;
  • in each working week there should be no more than 36 working hours;
  • allowed to retire before retirement age;
  • monthly allowance for the purchase of educational literature.
  • utility bills;
  • increased salary;
  • housing.

Not many people agree to work outside the city, therefore this issue is still hanging, concerning the improvement of working conditions for MS.

Required package of documents

Upon admission to work, the MC draws up an application of the appropriate form and content, transfers it to the manager.

He, in turn, draws up an order for the appointment of payments to this employee. The latter must be signed in the order before sending.

It is the responsibility of the employer to comply with the procedure for submitting documents for consideration.

The main package contains the employee's documents, including copies of his diploma and information about employment (a copy of the work book).

A similar procedure for teachers and physicians, only applications are sent to different authorities.

What kind of guarantee is required

When a young worker is employed, he is entitled to guarantees, benefits and other allowances. For example, some of them:

  • after graduation, a specialist is entitled to 30 to 45 days of vacation;
  • they may be hired without prior probationary period;
  • relocation expenses are compensated if the employee has to move to another region, as well as for all members of his family and luggage;
  • employees are provided with office space from the state housing fund for living;
  • also, subject to poor living conditions, the MS has the right to register prematurely (before the end of 5 years of work experience) to improve the living condition;
  • material payments (financial).

The state even provides mortgage benefits for the purchase of housing. Thus, the state can pay about 40% of the cost of housing.

Advantages and disadvantages