Modern successful companies invest in training and staff development. Managers understand that the capital stock of any business is people. The higher their qualification, the more effective will be the company’s work. What is the proper way of drawing up of employees’ training?
Any time of production training can be organized at its own expense (Art.201 of the Labor Code of Ukraine, Labor Code). Professional education is formal and informal (Part 5 of Art.6 of the Law of Ukraine “On Professional Development of Workers” of 12.01.2012, No. 4312-V; hereinafter – the Law No. 4312). The employee receives a document confirming formal training after its completion.
Formal professional training is:
- primary vocational training;
- retraining;
- qualification improvement (Part 6 of Art. 6 of the Law No. 4312, para. 3.1 of the Regulation on Professional Training of Workers in the Workplace, approved by the Joint Order of the Ministry of Labor and Ministry of Education and Science of Ukraine of 26.03.2001, No. 127/151).
The training can be organized using your own resources, or using the services of specialized educational institutions (Part 2 Art.6 of the Law No. 4312).
In such a case, create the necessary conditions for combining work with education (Art. 202 of the Labor Code), as well as provide privileges that the legislation establishes for such workers.
Possible forms of vocational training of employees listed in Article 7 of the Law No. 4312. These may be full-time, distance education, study with or without separation from work.
Make a contractual relationship
Obligations of the company to train employees should be recorded in the relevant section of the collective or employment contract.
Study issue can also be regulated by a separate local act. In particular, regulate them in the Provisions on the social security of employees or approve a separate Provision on employee training.
An employee who wishes to raise his/her level of education applies to the employer. Following the consideration of such an application, issue an order for the organization of training.
Contract with the higher initial educational institution on the training of your employees should be concluded in the form of the Model Agreement on the provision of educational services between the higher educational institution and the individual (legal entity), approved by the resolution of the Cabinet of Ministers of Ukraine 19.08.2015, No. 634.
An agreement on the provision of educational services can be concluded with the participation of three parties: a higher enterprise (customer) of the educational institution (the executor) and the recipient (employee). In such an agreement, determine the total cost of the educational service for the entire duration of the training. If the paid education service will be provided for several years - please indicate its cost for each calendar year separately. The following also should be provided in the contract:
- periodicity when the customer will make a payment: once a year, per semester, monthly;
- payment method: cash, non-cash;
- payment deadline: day, month, year.
It is possible to set in the contract the obligation of an employee after completion of training to work with his/her employer within the time agreed by the parties, but not more than three years (Part 4 of Art. 34 of the Law of Ukraine “On Employment of the Population” of 05.07.2012, No. 5067-VI).
The payment amount for the entire period of study should be established by the institutions of higher education in the national currency. A higher educational establishment has the right to change the training fee in accordance with the procedure stipulated by the agreement no more than once a year and not more than the officially determined level of inflation for the previous calendar year (Part 7 of Art. 73 of the Law of Ukraine “On Higher Education” of 01.07.2014, No. 1556-VII; hereinafter - Law No. 1556).
Adhere labor guarantees
Workers who successfully study in higher education institutions in evening-time education and part-time students are guaranteed the right to additional paid leave in connection with education (Art. 215, 216 of the Labor Code). Educational leave is also provided to postgraduate students who successfully complete an individual training plan (Part 4 of Art. 216 of the Labor Code).
For the period of study leave, the average salary should be kept at the main place of work (Part 1 of Art. 217 of the Labor Code). A worker-student who is studying at an institution of higher education on-the-job training is also guaranteed:
- one free day from work to prepare for classes. This day should be paid in the amount of 50% of the established salary, but not lower than the minimum wage (Part 2 of Art. 218 of the Labor Code);
- One to two days without continued payment. Provide them within 10 academic months before starting work on the diploma project or passing the state examinations (Part 3 of Art. 218 of the Labor Code);
- Payment for travel to an educational institution and back once a year - in the amount of 50% of the cost of travel (Art. 219 of the Labor Code).
Post graduate students-workers should be provided with one day off work day with a payment of 50% of the average wage (Part 4 of Art. 218 of the Labor Code). They can also take another extra day of leave for a week without continued payment of wages (Part 5 of Art. 218 of the Labor Code).
In addition, from January 1, 2017, for students who studied at the expense of the employer, it was canceled the compulsory work for such an employer within three years after the end of the educational institution (ZIR, category 103.02).
Provide an employee with a study leave
An employee realizes his/her rights to paid study leave under several conditions.
The first is a higher educational establishment in which an employee studies, has a license for educational activities and has undergone the appropriate accreditation (sub-para.7 of para. 1 of Art.1 of Law No. 1556).
The Register of Higher Education Institutions (hereinafter - the Register) contains information on each higher education institution, its licenses and certificates of accreditation. The information of the Register is public and is made public in accordance with the requirements of the Law of Ukraine “On Access to Public Information” of 13.01.2011, No. 2939-VI. Information on the level of accreditation of higher educational institutions contains the Unified State Electronic Education Base.
The second one is an employee who studies without a break from work in a higher educational establishment located in Ukraine can receive a study leave. That is, the study leave is provided to employees-students who study at national higher education institutions of a distance learning form.
The third one - an additional paid study leave is received by a student who successfully studies at a higher educational institution. If a worker has arrears under the curriculum, he/she can arrange a vacation without continued payment of wages or take a part of the annual leave.
The fourth one is the employee should return to the company a detachable part of the certificate-call for participation in the session. It will be the confirmation of the fact that the student spent the study leave on purpose.
Pay for study leave
The average wage should be continued paid for the employees at the main place of work for the period of additional leave due to studying at higher educational establishments (Art. 217 of the Labor Code). In order to pay the days of study leave, you should calculate the average wage in accordance with the Procedure of the calculating the average wage approved by the CMU Resolution of 08.02.1995 (hereinafter - Procedure No. 100).
Do not continue the study leaves for the holidays and non-working days that fall on this period. That is, all the days of study leave should be paid equally, including holidays and non-working days.
If, during the accounting period, the employee did not have wage (for example, because of a leave to care for a child up to three years), in order to pay for the study leave, follow the last paragraph 4 of the Procedure No.100. That is, pay for the days of study leave on the basis of the tariff rate, the official (monthly) wage.
If the employee works at the company in a part-time, the payment for his/her study leave can be provided in the collective agreement. The Ministry of Labor and Social Policy recommends to draw up the leave for a part-time worker without continued payment of wage at the time when the employee is on study leave at the main work place (letter dated 16.05.2006, No. 172/13/116-01).
When the employee goes to higher education in another locality, you should pay only for days of study leave, days of stay on the road are not subject to the payment.
