- by Super User
Quite often I'm approached by entrepreneurs with a question – How to compile a contract of employment so that the employee was not entitled to resign or in cases of dismissal was obliged to pay serious compensation? As a rule, the owners of beauty salons or trading firms, which have sales departments. I usually reply that serfdom was abolished in 1861 is when employers start to complain. In their complaints, there is a truth.
Let us examine the case of beauty. They train the employees, the same after the operating time of client base going. Typically, together with customers, as the prices they offer lower cabin. It turns out the employer twice "gets" the first time invested in the employee, the second time losing customers to the attraction of he spent the money.
What to do in such a situation? There is a solution, it is called - STUDENT CONTRACT.
So, the apprenticeship contract is of two types: a contract with a person seeking work (contract of civil nature) and already working in your officer (acts as a Supplement to the employment contract).
The employee has entered into such an agreement with a legal entity must work in Your organization up to 3 years. In the case of its desire to terminate the employment contract after the training, he will be obliged to reimburse the costs of "discipleship" - a stipend and payment of an educational institution if the training took place not on the basis of the enterprise.
The main points needed to be considered in formulating a "student contract":
The contents of apprenticeship contract is clearly spelled out in article 199 of the labour code:
- Apprenticeship contract must contain: the names of the parties;
- an indication of the specific qualification acquired by a pupil;
Important!!! – The employment contract should be spelled out the same profession, that of the student. In other words, if people took the training on manicure, to work for three years administrator specialist is not required.
- the obligation of the employer to provide the employee an opportunity to study in accordance with the student contract;
- the duty of the employee to be trained and in accordance with the obtained qualification to work under an employment contract with the employer within the period specified in the student contract; - the contract may be prescribed "to obtain the necessary skills," but in this case, it should be certification, we again run into the license of the educational institution. So it is better to prescribe the final term of study.
- the period of apprenticeship; the amount of payment for the period of apprenticeship. – payment of discipleship cannot be below the minimum wage.
- Apprenticeship contract may contain other terms defined by the agreement of the parties.
Be sure to specify the conditions for termination of the contract. They should be spelled out in detail.
If discipleship will lead You, the student contract may not be spelled out – "getting a degree" or "vocational education" as under the law, You must be licensed educational institutions.
IMPORTANT!!! Improper registration of apprenticeship contract entails administrative liability under article 5.27 of the administrative code.