In a highly competitive employment environment, employers are using increasingly stringent measures to screen potential employees. One of the selection methods that is increasingly common among most companies is internship.
The purpose of its implementation can be different - testing the employee’s knowledge, training him in practice, selecting the best candidate. However, it is important that this procedure is formalized in accordance with the law. Therefore, more details about the registration procedure, necessary and payment features are provided later in the article.
The legislation does not provide individual provisions dedicated specifically to internships. In Art. 59 of the Labor Code of the Russian Federation only provides for the possibility of a conclusion if an employee is hired for a short period of time (less than two months).
Therefore, at enterprises that practice such tests when hiring, there must be a separate document regulating the conditions for their conduct. For example, this could be “Internship Regulations”.
Conditions regarding this may also be contained in Collective agreement and issued by a separate order.
The terms of the trial must be included in the employment contract with a specific employee.
Typically, an internship is carried out in the following cases: 
- Regarding young specialists who have just graduated from an educational institution and have no experience practical work. In this case, the internship will be a type of educational process, but more specific and aimed at a specific type of activity.
- With a lot of competition for the position. This option is practiced by many large and prestigious companies when they have a vacancy. In this case, several candidates are accepted for an internship; after completion, only one who has demonstrated best results.
- For employees who change their type of activity. Such candidates may have practical work experience, but only in a different field. The test is carried out to give them practical skills in a new job.
- According to the terms of the concluded student agreement. This includes situations where interns are trainees from educational institutions. After completing the internship, they can either leave the place of work or get some kind of position there.
In some cases, internships are also used for not entirely legal purposes, accepting candidates for temporary free or cheaper work.
To avoid getting into such a situation, the applicant should take care of the right documentation procedures.
Admission conditions
Subject to official admission to the internship (that is, with a conclusion employment contract) the trainee is subject to all the same rights as other employees. This means that he has the right to receive wages for hours actually worked, breaks at work, days off, etc. The employer is also obliged to pay all taxes and contributions for him. 
As for official duties, they are described in more detail in. Most often, the intern is not assigned any serious tasks, and he only helps the company specialists with whom he is training.
Many enterprises (especially) when hiring an employee for an internship, assign him a supervisor from among the permanent employees, who will be responsible for his training. A work plan and a list of issues that he must study during the test are also drawn up for the trainee.
After completing the internship, the employee must write a report, indicating in it what exactly he learned during this period.
Also, the supervisor must evaluate the success of his training and work, documenting this in a special document (most often it is called a review of the intern or a conclusion based on the results of the internship).
Duration
The legislation does not establish the exact duration of the internship; it only limits its maximum permissible duration. Depending on how the employee was registered, this period may be: 
- 2 months - if a fixed-term employment contract was concluded;
- 3 months - if the employee was hired on a probationary period.
The specific duration must be specified in the employment contract. Otherwise, it will be considered that the deadline is set in maximum size. After its end, the employer must either continue the relationship with the employee and conclude a new contract with him, or refuse him further employment.
In this case, both parties have the right. The only condition for this is to notify the other party of the termination of work at least three days in advance (by writing a statement or issuing an appropriate order).
The employee has the unconditional right to terminate the relationship early, and he is not obliged to explain the motives and reasons for his action.
But the employer must document the intern’s inadequacy for the future position: memos, acts, etc.
Registration procedure
If the company does not have special documents regulating the procedure for conducting an internship, the employer, first of all, needs to start preparing them. After this, the registration procedure will look like this: 
- Receiving a corresponding application from the candidate. It is compiled in free form, similar to a job application. Only the main part of the document indicates a request for acceptance into an internship.
- Conclusion of a fixed-term employment contract. Occurs on the basis of the submitted application. The document defines the specific conditions of future activities: duration, payment, responsibilities.
- Issuance of an order. It confirms the fact that an employee has been accepted for an internship, indicates his supervisor (or supervisor), the probationary period and the payment procedure. The temporary employee is familiarized with the completed order and signed.
- Development of an internship plan (program). It displays the main issues that the employee must study, as well as the goals and objectives that he needs to achieve. The enterprise can either develop a template for this document, or the manager can draw it up for each individual case.
After this, the employee is considered accepted for the internship and begins his duties under the terms of the contract.
After the end of the period, based on the trainee’s report and feedback from the supervisor, the manager makes a decision on his further employment.
Payment Features
When formalizing an internship, payment for this period is a mandatory condition for the employer. The size is determined between the parties voluntarily.
Obviously, the amount of payment for an intern will be significantly lower than for other employees of the company, because his professional level is in doubt.
But at the same time accrue a salary that is less than it minimum size established by law, the employer is prohibited.
However, there are often situations where the internship is carried out unofficially - the employee is simply offered to go to work for a certain period and study. If, after the test, he becomes unemployed, he will not receive payment for this period. And even if you are hired, they are also unlikely to pay you money for the internship.
At the same time, the applicant will not be able to appeal the employer’s actions and force him to pay, because there is no documentary evidence labor relations he doesn't have it. Often, employers themselves warn potential employees that the internship will be free. Therefore, he himself must evaluate everything in advance possible risks.
Making a decision based on the results of the internship
The final decision on the further employment of an employee can be made in the following ways: 
- Based on the curator's review. As already noted, this document is drawn up in almost all cases and contains the conclusions of the trainee’s immediate supervisor about him. The supervisor can most accurately indicate how successfully the employee coped with his responsibilities and what tasks he was unable to complete.
- Based on the exam results. Its implementation allows you to determine how well the employee has mastered the training. The exam can take place in different forms: orally, in writing, with practical tasks. The specific method of carrying it out is determined on an individual basis.
- Based on the employer's personal assessment. During the internship, the employer often has the opportunity to independently observe the intern: his training, success at work and behavior in the team. Based on this, he decides whether to leave him in the company or not.
In the event that for some reason the employee is not suitable and the employment relationship with him will not be continued, it is advisable that the employer has documentary grounds for such a decision. For example, negative feedback from the curator, bad exam results, etc. the article written by our professionals contains all the information on this topic.
How to resolve the issue of sick leave pay after your dismissal - read.
What do you need to remember about driver training?
Most often, an internship is carried out when the employee’s future activity almost entirely requires practical skills. A striking example This is the profession of a driver, whose admission to driving a vehicle almost never occurs without an internship. This may be due to the specifics of the work of certain companies (for example, if it is necessary to transport dangerous goods), and with increased risks in the case of transporting people.
A special Driver Internship Program (separately for each category) has been developed and approved by law, which details the conditions for carrying out this procedure.
For example, only a person with at least 5 years of driving experience can be a trainee’s mentor (supervisor).
Based on the test results, the driver confirms his professional suitability both in theory and in practice, since both of these components are important for his work. Based on the tests, interviews and other types of testing, the final decision on hiring him is made.
Given that correct design and conducting an internship is an option that is beneficial for both parties to the employment relationship. The employee is given the opportunity free training and gaining practical knowledge from more experienced colleagues. The employer can evaluate the performance of a potential employee in advance before the final hiring. If successful, the employment relationship can be continued by concluding a new employment contract.
An internship may be part of a training program. This term is also used in the case of professional training that is required to obtain a certain qualification. When applying for a job, an internship is formalized according to the rules prescribed by the Labor Code and other laws governing this area.
Internship under the Labor Code
An internship is necessary so that a young specialist can apply the acquired theoretical knowledge in practical professional activities. Labor legislation classifies internship as labor activity. Therefore, employers who use the work of an intern without proper registration, and sometimes without payment, violate the Labor Code. Such employers may be subject to administrative fines(Article 5.27 of the Code of Administrative Offenses of the Russian Federation).
How to hire an intern
The trainee’s work is formalized by concluding an employment contract according to the rules prescribed in Art. 57 of the Labor Code of the Russian Federation and other laws providing for internship rules in certain species activities. For example, the internship of an assistant arbitration manager is regulated by the Rules approved by Decree of the Government of the Russian Federation of July 9, 2003 N 414.
The internship is limited to a temporary period. Accordingly, an employment contract is concluded with the intern for a period equal to the duration of the internship (Article 59 of the Labor Code of the Russian Federation).
The employment contract with the intern must indicate the type of work (list of responsibilities). Such work should be directly related to obtaining the required practical professional skills and special theoretical knowledge.
In order to properly formalize the internship, when hiring, an order for hiring the intern is also issued. It is published in a unified form (Form N T-1) on the basis of a concluded employment contract. The order specifies the conditions of employment corresponding to the employment contract. The column “Conditions of employment” can be filled out as follows: “Labor activity directly related to the internship.”
IN general procedure must be filled out and employment history intern.
Trainees are required to comply with internal discipline rules, labor protection rules and other local regulations approved by the company. Trainees must be familiar with all these documents.
Is the internship paid upon hiring?
Working as an intern is a full-time job. Like any work, an internship must be paid. The trainee's work is paid according to staffing table in accordance with the work that the trainee performs.
When completing a student agreement (), the trainee is paid a stipend. Such a scholarship must correspond to the student’s qualifications and specialty. The amount of the scholarship is negotiated by the parties and is fixed in the student agreement. But the amount of payments cannot be less than the minimum wage established by federal law.
For the employer new employee- this is an unknown set of knowledge and skills that may either be suitable for the implementation of the assigned 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, on-the-job training is the employer’s responsibility to ensure safety and labor protection conditions, and it is mandatory for every newly hired employee. Clause 7.2.4 of GOST 12.0.004-90 states that the internship must take place under the supervision of a designated person. The duration of the test varies from 2 to 14 shifts. But if the applicant has worked in this position for more than 3 years, then the internship is cancelled. In ch. 1 Letter of the State Committee for Higher Education of the Russian Federation No. 18-34-44in/18-10 gives its definition. According to him, 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 an employee has more than 3 years of experience in his specialty, then he does not need to be assigned an internship.
Hiring a new employee to a company without an internship is very doubtful. But the law did not provide for a document that would regulate the completion or payment of a probationary period, so this must be decided individual entrepreneur. In Art. 70 of the Labor Code of the Russian Federation talks about testing the future employee before he begins to perform his main duties. The period of such probation cannot exceed 3 months, and for management positions - 6 months. This clause must be specified 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, according to Art. 59 of the Labor Code of the Russian Federation, occurs under a fixed-term employment contract. This agreement 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.
Internship payment
The internship payment differs from the regular salary only in the amount. The manager does not have the right to set the trainee’s wages below the minimum wage (minimum wage) established by law. This is indicated in Art. Chapter 37 2 of the Constitution of the Russian Federation. Unpaid internships are illegal. In 2017, the minimum wage is 7,500 rubles.
The manager does not have the right to set the trainee’s wages below the minimum wage.
The internship procedure can be divided into several stages:
- Creation of internship regulations by the manager. It should indicate the timing of its implementation, the rights and obligations of the parties, payments, conditions for its successful completion and subsequent guarantees for the employee.
- with the applicant for the position.
- Determining the internship program together with the supervisor.
- Concluding a fixed-term employment contract with an intern.
- Completing an internship.
- Conducting an analysis of the employee’s work, drawing up by the manager detailed review, determination of professional suitability.
- Hiring or not hiring an employee based on results.
Often, enterprises enter into student agreements with various universities and other educational institutions, under 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. The educational internship is not paid, since no employment contract is concluded with the trainees. If a student is accepted into the workforce, official labor relations appear and, accordingly, wages.
The educational internship is not paid, since no employment contract is concluded with the trainees.
An internship is an opportunity for a manager to get acquainted with the abilities of a future employee, assess his real importance in business, and predict the prospects for labor relations. A properly developed internship program will allow you to fully reveal all the employee’s talents, his efficiency at work and his ability to overcome difficult situations.
Labor relations between employers, managers and subordinates are regulated by law Russian Federation, namely the Labor Code. This Federal Law No. 197 contains the rules for hiring, information on the fulfillment of their job responsibilities, information on granting vacation or sick leave, and also contains data on the rights and responsibilities of employees and managers.
By the way, you can find out whether leave for a wedding is required under the Labor Code
When applying for a new workplace or when transferred to another position, the employee must undergo probation. During this period, the employee is closely monitored by the manager. At the end of the internship, the manager makes a decision on hiring the employee for a new position or dismissing him. The testing period is specified in the employment contract.
Law No. 197 (Article 70) contains provisions on passing an employment test. The text of Article 70 reads:
- V labor contract may contain an internship clause;
- if the employment contract does not contain a clause on completing a probationary period, then this means accepting the employee for the position on a permanent basis;
- During the probationary period, the employee is obliged to comply with the norms of Russian labor legislation.
When applying for a job, it is beneficial to include an internship clause in the contract:
- for the employer the benefit lies in testing the skills, abilities, and responsibilities of a potential employee, which allows him to hire only quality personnel;
- for the employee, the benefit is that during the test he will be able to determine whether a given position, company, salary, team, and so on is suitable for him.
Grounds for assigning a probationary period
According to the labor law, when certain categories of citizens are hired, an internship is not established. The rules concern:
- citizens who passed a competition to fill a particular position;
- women with small children under 1.5 years of age;
- pregnant women;
- minors under 18 years of age;
- citizens with higher or secondary vocational education. Provided that the education was received in institutions that have passed state accreditation. Also, this employment is the first job; the job seeker applies for the position within a year after completing the educational process. If after finishing educational institution more than a year has passed and the person is applying for a job, he is not exempt from completing an internship;
- citizens transferred to new job from another company, taking into account the preliminary agreement of the employers;
- employees who signed contract of employment for a period of no more than two months;
- other persons in accordance with the norms of Russian laws.
For the rest of the population, internship is at the discretion of the employer.
How is it paid?
Many citizens are interested in the question of how an internship is paid and is it paid at all? Article 21 of this law specifies the rights of citizens when applying for a new job. One of the paragraphs of this article states that every person, when applying for a job or completing a probationary period, has the right to count on timely payment. According to the law, labor must be paid in accordance with the position held, the qualifications of the employee, the complexity of the work process, the quantity and quality of work performed.
Based on the provisions of this law, we can conclude that internships when applying for a job must be paid in accordance with the law. The probationary period for a new employee can last a long time, so his work must be paid so that the person has funds for his needs.
In accordance with this law, the employer has the right to set lower wages during the probationary period. But the amount paid cannot be lower than the minimum wage, statutory(minimum wage).
Maximum term
According to the law, a probationary period is appointed by the decision of the employer (manager). There is no provision in this law (Labor Code) for mandatory internship. If an employer, when hiring employees, establishes a rule regarding the completion of an internship, then the period of completion is also set at his discretion.
Article 70 of this law contains provisions on the maximum duration of an internship. The deadlines are different for management positions and for staff.
By law, the maximum internship period is 6 months for the following positions:
- enterprise managers;
- chief accountants;
- heads of structural divisions;
- heads of branches, representative offices, subsidiaries, etc.;
- deputy managers.
According to the law, For all other positions, the maximum internship period is 3 months. The exception is the situation when the employment contract was drawn up for a period of 2-6 months, then the probationary period cannot be more than two weeks.
It is important to know! According to the law, actual absence from work is not taken into account during the internship period. Even if the absence is due to temporary disability.
Procedure for registering an employee for an internship
Initially, the manager must decide whether to establish a trial period or not. If a decision has been made to introduce an internship into the work process, then everything needs to be documented.
Step-by-step process for applying for an internship:
Stage 1 - the head of the company creates the Regulations on the internship. It must contain information about trial period— deadlines for completion, rights of employee and manager, duties of employee and director, payment, further actions after successfully completing the internship.
Stage 2 - conducting an interview with a potential employee.
Stage 3 - registration and signing procedure fixed-term contract with a potential employee.
Stage 4 - passing the probationary period.
Stage 5 - compilation expert opinion about the professional suitability of the employee.
Stage 6 - making a decision on the further employment of the employee, or on his dismissal in accordance with the law.
To apply for a probationary period, According to the law, a person needs to bring to the HR department:
- application for a particular position.
- work book;
- educational documents;
- copy of passport.
When applying for an internship, the employer and potential employee must be familiar with the provisions of the labor law. You can download the latest edition of Law No. 197 of the Labor Code at
On-the-job internshipis a legally established obligation of the employer, while there is very little information in the law itself about the procedure for carrying out this event. Our article will tell you about all the nuances of conducting an internship - from issues of establishing procedures in the internal documents of the organization to the procedure for registering it in relation to specific employees.
What is a work placement and how long does it last?
Labor legislation, without defining on-the-job training, mentions this event in several articles of the Labor Code of the Russian Federation. Thus, for the first time the term “internship” appears in Art. 59 specified normative act as one of the grounds for concluding a fixed-term employment contract. Also in Art. 212, 214 and 216, the requirements for the employer to carry out an internship are defined as one of the elements of the labor protection system and ensuring a safe working environment. Finally, internship is mentioned in Art. 225 as one of the stages of education in the field of occupational safety.
In the general understanding of this word, internship means activities to gain work experience or improve qualifications, or work in a specialty for a certain time to decide on the advisability of enrolling an intern on the staff. At the same time, it implies training of the employee in the process of work.
ATTENTION! Internship should be distinguished from similar procedures:
- probationary period upon admission to the workforce;
- training;
- practices;
- briefing.
The duration of the internship is determined by the employer, based on legal requirements. Thus, GOST 12.0.004-2015. "Interstate standard. System of occupational safety standards. Organization of occupational safety training. General provisions» establishes requirements for mandatory internship of workers and junior service personnel for 3-19 shifts.
Duration of internship for various categories of workers
For some specialists, an internship in their specialty is necessary element entry into the profession and is registered in the relevant regulatory documents. It is necessary, for example, for specialists involved in:
- notarial and legal activities;
- arbitration department;
- driving passenger vehicles.
Internship in notarial affairs is determined by the “Fundamentals of legislation on notaries” dated February 11, 1993 No. 4462-1. In particular, Art. 19 of this act establishes that the internship is carried out for specialists who want to pass the qualification exam to obtain a notary license, and lasts 1 year. The duration can be reduced by decision of the Ministry of Justice together with the Federal Chamber of Notaries (but not more than six months).
The duration of the internship at the Bar is determined by Art. 28 of the Federal Law “On advocacy and the legal profession in the Russian Federation” dated May 31, 2002 No. 63-FZ and ranges from 1 year to 2 years. Internship in this field is required to become a lawyer.
The duration of the internship for becoming a member of a self-regulatory organization of insolvency practitioners is established by this organization taking into account clause 2 of Art. 20 of the Federal Law “On Bankruptcy” dated October 26, 2002 No. 127-FZ. This article defines a minimum internship period of 2 years, with the caveat that the duration may be increased by internal documents of the SRO.
With regard to the internship of drivers of passenger vehicles, the requirements of industry legislation apply - Regulations RD-200-RSFSR-12-0071-86-12 of the Ministry of Automobile Transport of the RSFSR 1986. The conditions for internship by such specialists are determined by sections 3, 4, 5 and 6 of the said document and range from 1 days to 1 month, depending on the vehicle the driver will drive and the category of his driving license.
Who is exempt from internship at work?
The Labor Code, establishing in Art. 212 the employer’s obligation to conduct an internship at the workplace does not provide for any exceptions. However, too general a formulation sometimes requires reference to subordinate regulations and industry legislation.
Thus, the Resolution of the Ministry of Labor and the Ministry of Education of Russia “On approval of the procedure for training in labor protection ...” dated January 13, 2003 No. 1/29 in paragraph 2.2.2 establishes that the employer guarantees training for employees engaged in work with hazardous or harmful conditions implementation of work activities, safe working methods with on-the-job training (that is, we are talking only about those working in harmful and dangerous conditions). Since the Labor Code takes precedence over ministerial decrees and does not contain exceptions from the requirements for employers regarding employee internships, we can conclude that internships for newly hired team members in one form or another are necessary in all organizations.
Further analysis of legislative documents also allows us to conclude that, for example, the following may be exempted from internship:
- employees with at least 3 years of work experience in their specialty, moving from one workshop to another with the same nature of work and type of equipment, if such a decision on exemption from internship is made by management (clause 1.4.12 of the Rules for the technical operation of consumer electrical installations, approved. by order of the Ministry of Energy dated January 13, 2003 No. 6);
- lawyers who wish to acquire the status of lawyer and have at least 2 years of experience in law (Clause 1, Article 9 of Law No. 63-FZ).
Regulations on internship, sample
All the nuances of conducting an internship for members of the workforce must be determined by a special internal document of the organization - the regulations on the internship. This document is developed taking into account the requirements of the law, the specific working conditions of the enterprise or individual employees, the specialties of employees, the direction of activity of a particular organization and other significant circumstances, after which it is agreed with the responsible employees of the departments and approved by the head of the organization.
A standard internship clause may include the following sections:
- General provisions.
- Requirements for professional qualifications and skills of the employee.
- Reason and procedure for the internship.
- Procedure for applying for an internship.
- Procedure for admission to work after completion of the internship.
- Specifics of internships for certain categories of workers (if such a section is needed).
- Procedure for carrying out control activities.
- Persons responsible for conducting internships and fulfilling the requirements of the position.
- Features of payment for internship time.
- The procedure for checking an employee and recording the results of an internship.
A sample of such a document can certainly help in developing your own internship regulations. You can download a detailed example of an internship clause that complies with the requirements of current legislation on our website.
How to arrange an internship at a workplace?
To arrange an internship at the place of work of a specific employee, you will need following documents(minimum set):
- The internship regulations are an internal document of the organization that defines general issues holding this event.
- An internship program is a document that defines the procedure and duration of an internship for a specific profession or position. In addition, the internship program may include:
- standard actions that an employee must learn during the internship;
- the scope of theoretical skills that the trainee must master;
- procedure for conducting examinations;
- other conditions for the internship.
- An employment contract between an employee and an employer.
- An order for certain employees to undergo an internship. There is no unified form for such an order, so it is drawn up in the form usual for personnel records management of a particular enterprise. Such an order usually states:
- reasons for the internship;
- duration of internship;
- employees who need to undergo internships;
- instructors-mentors.
The order is signed by the head of the organization. All members of the labor collective mentioned in the order also sign it, confirming that they have read the provisions of the document.
- Order for admission to independent work upon completion of the internship. Such an order is issued based on the results of examination examinations. If an employee does not pass the exam, then he will not be able to work independently (a separate order may be issued about this).
How to pay for an internship?
When accepting an employee for an internship, the employer must remember that their employment relationship must be formalized through the conclusion of one of the contracts:
- unlimited labor;
- urgent labor;
- civil law (for example, a contract).
The conditions for remuneration of the employee during the internship must be specified in the contract. In this case, the internship must in any case be paid at least in the amount of the minimum wage. The only exceptions are student interns sent for internships by educational institutions.
It is advisable to combine the internship and probationary period so that payment for the internship can be made at the rates that are provided for employees on a probationary period.
In conclusion, it remains to be said that a properly prepared and executed internship allows employers to assess the professional capabilities of the accepted employee, and gives the employee the opportunity to gain the necessary skills and knowledge directly in the area of work where they will subsequently work independently.
Loading...