Unpaid internship: is it legal under the labor code?

Federal Law No. 197: Official text and definition of internship

For all employees who are hired for the first time, a probationary period and training are provided. Over a certain period, the new employee will have to acquire the skills necessary for successful work activities. During the entire internship period, the employee is monitored by managers who can decide to accept him for a permanent position or to dismiss him due to non-compliance with the assigned tasks.

The official text of the contract establishes the period during which the internship and instruction takes place. Most often this is a period from 2 weeks to 1 month. Sometimes the period can last several months. Federal Law 197 contains the main provisions regulating the passage of the trial period. The following standards apply:

• a clause on the duration of the internship and its rules must be provided for in the employment contract;
• if the document does not contain the corresponding section, the employee is immediately hired for a permanent job;
• Even during the probationary period for new employees, the employer is obliged to comply with the provisions of current labor legislation.

For certain reasons, an internship is beneficial not only to the employer, but also to the employee himself. It allows you to get an idea of ​​how well an employee can cope with the responsibilities assigned to him. And during the trial period, the employee himself can understand whether the proposed conditions, team, etc. are suitable for him.

What happens after the end of the internship?

Upon completion of the internship, the previously concluded agreement ceases to exist. Usually the document is issued for the same period that the internship will last. After completing the internship, the employee takes exams. Based on the assessments received, a decision is made to transfer him to a permanent position with the conclusion of a new employment contract.

If the practice was performed poorly or the person himself does not intend to continue cooperation, then a new contract is not concluded, and a final settlement is made with the employee.

On what grounds is a probationary period established?

In most cases, the employer decides on the duration of the internship and its necessity independently. However, in some circumstances he does not have the right to assign a probationary period to a future employee. This happens if certain categories of residents apply for the position:

• persons who have passed the competition to fill a vacant position;
• women raising children under one and a half years old, or pregnant women;
• a minor under 18 is applying for employment;
• a citizen who has received higher or secondary vocational education in institutions that have confirmed state accreditation. In addition, the employer will not be able to refuse an applicant who is applying for a job for the first time after receiving an education diploma. There is one exception - if more than a year has passed since completion of training, a probationary period may be assigned;
• specialists who have been transferred to a new position from another branch of the company do not undergo internships, in accordance with the current agreement between management;
• employees whose employment contract is valid for no longer than 2 months.

As for other cases, the decision on the need and duration of the probationary period is made directly by the employer. We suggest downloading the internship law from the link below to familiarize yourself with the main provisions of the document.

Why do they use unpaid internships in Russia?

Although unpaid internships are definitely illegal, as mentioned earlier, they are a fairly common practice. But why do employers resort to it? There may be several possible reasons for this. In particular, unpaid internships are offered to solve the following tasks:

1. Obtaining free labor. An employee does not need to be paid during an unpaid internship, and he will perform certain work in any case, which is a clearly advantageous situation for an employer who violates the law.
2. An opportunity to find out how serious the applicant is and how well suited he is for the job. Often, the employer does not have the opportunity to assess the real professional abilities of the applicant, and even more so his personal qualities, in order to make sure that the employee is really suitable for him. An unpaid internship allows you to get rid of any risks.
3. Avoidance of responsibility to the employee. Until the conclusion of the employment contract, the employer will not bear any responsibility for the so-called trainee. And in case of any disagreement, the latter will not have any documentary evidence of the fact of work.
4. Reducing the procedural burden. Hiring a new employee requires a lot of paperwork, and if this is their first job, even more. Employers don't want to risk additional time for employees who might change their minds about working if they don't like the job.
5. Fraud. In some cases, employers may directly use interns as permanent free labor, without entering into a contract with them in principle and constantly promising to do so in the future and extending the unpaid internship on fictitious grounds.
6. Tax avoidance. For each employee, the employer must pay insurance premiums and ensure payment of taxes. At the same time, employers often offer to continue the employment relationship after an unpaid internship without documenting it.

It should be noted that some of the concerns of many potential employers are indeed justified. After all, many novice workers without experience often turn out to be irresponsible or decide to quit their job, wasting only the employer’s time and not really worrying about the entries in the work book - after all, they can simply get themselves a new document. However, regardless of the motives that drive such employers, their actions are illegal. This is a clear violation of workers' rights.

How is the internship paid?

An important question for potential employees is how payment is made during the probationary period. According to current legislation, every person applying for a new position has the right to fair and timely payment for their work. This also applies to cases where a probationary period is first assigned.

The provisions of the law regulate that any work must be paid depending on the position held, the qualifications of the employee, and how difficult the work process is. Such legislative standards should be interpreted as the employer’s obligation to pay for the activities of a person undergoing an internship.

Another thing is that in some cases the employer has the right to set a lower salary during the probationary period. However, the final amount cannot be lower than the minimum wage established by federal officials.

How long can the internship last?

The total period of probation and training is determined by the employer. The Labor Code today does not regulate the duration of internships. In each specific case, the duration of the period is determined individually and is prescribed when concluding an employment contract.

Article No. 70 of the bill sets the maximum permissible time limits for completing the probationary period. For management representatives, it cannot last longer than six months. This includes specialists occupying the following positions:

• managers;
• chief accountants;
• managers of structural divisions or branches;
• deputy managers.

For other categories of citizens, the duration of the internship cannot exceed 3 months, with the exception of situations in which the employment contract lasts only a few months. In such cases, the trial period lasts no longer than 2 weeks. A long-term (3 years) internship is also provided for persons who intend to become notaries.

A probationary period is required for those planning to become a driver. To drive freight vehicles, you must confirm your qualifications within 1 month; for drivers of passenger buses, you must work 50 hours (32 of them on the route they will be driving).

During the probationary period, absence from work is not taken into account, even if it is associated with temporary incapacity.

Duration of probationary period

The duration of the internship or advanced training procedure is determined by the specific type of activity and production necessity. If a fixed-term employment contract is concluded with an employee who needs to acquire practical skills, then the trial period cannot be more than two weeks (Article 59 of the Labor Code of the Russian Federation).

In other cases, according to the labor code, the duration of the internship can be up to three months, and for managerial positions six months. Termination of the contract can occur at the request of the employer if he is dissatisfied with the results of the work activity of the trainee or the employee himself, if he is not satisfied with the working conditions. Payment for the internship occurs according to the time worked at the rate established by the contract.

A special feature is the absence of a mandatory condition for the employee to explain the reasons for terminating the contract ahead of schedule. The employer, on the contrary, is required to accurately indicate the reasons for dismissing the trainee before the expiration of the probationary period.

How to register an employee undergoing a probationary period

After management decides whether or not a probationary period is needed for a new employee, the internship must be registered. To do this in accordance with the provisions of current legislation, the following steps must be followed:

• the head of the organization signs the regulations on the creation of the internship. It contains information about the terms, the powers vested in employees during the probationary period, how their activities are paid, etc.;
• the applicant is interviewed;
• if the parties reach an agreement, an employment contract is drawn up;
• the new employee is working on a probationary period;
• after completion of the specified period, the manager makes a decision on the candidate’s suitability for the position held. Next, the employee is either fired in accordance with the internship regulations or hired legally.

Even during the probationary period, a person must be registered in accordance with all the rules. To do this, they provide the HR department with an application for employment, a work record book, a diploma of education, and a photocopy of the passport. The employer has the right to issue a fixed-term contract, or an open-ended one, but indicating the duration of the internship period.

The provisions of the Labor Code allow employers to hire new employees on a probationary period. This gives them the opportunity to verify the employee's qualifications before he is placed on the main contract. The law determines that the duration of the internship, depending on the circumstances, cannot last longer than six months. In this case, the employer is obliged to pay for it.

Grounds for hiring an employee for a probationary period

Not all candidates for the position may be accepted for an internship. In order for a person to work under such conditions, there must be compelling reasons specified in the internal documents of the enterprise.

There are also a number of persons who cannot be accepted for a probationary period, but must be immediately enrolled in the workforce. Among them:

• persons who assumed a position during the absence of another employee;
• pregnant women and women with small children under one and a half years old;
• minor workers;
• applicants with specialized higher or secondary specialized education;
• employees who assumed a position upon transfer from another enterprise.

Important . For all other categories of citizens, internships can be assigned at the discretion of the employer.

How should an internship take place at the workplace according to the Labor Code of the Russian Federation?

At the moment, many companies use young specialists as free employees, i.e. Enterprise management requires mandatory internships. Sometimes it happens that a newcomer who has worked in an organization for two weeks is declared unsuitable for further work. Moreover, the dismissal occurs without payment of wages.

This is a violation of the law in force in the Russian Federation regarding the conduct and completion of internships in the workplace.

An internship is the practical acquisition of work skills that are regulated by the job description. Often, employees who work in “hazardous industries” undergo internships.

Sometimes those employees who receive a promotion and move to a new position also undergo internships. The internship period varies in length. It all depends on the position and responsibility falling on the shoulders of the employee.

What does on-the-job internship mean?

On-the-job training is usually understood as the process of acquiring skills directly on the job (for example, in an office or production workshop). An internship has both positive and negative sides.

The advantages include:

The downside is that not all employers are conscientious in this matter. It often happens that interns are used as free labor.

The only thing that should be discussed with the organization’s management in advance is the amount of the intern’s salary.

Duration

The duration of the internship, which takes place at the actual workplace in accordance with the Labor Code of the Russian Federation, lasts from 3 to 10 working days. Moreover, it should be noted that in some cases young specialists initially need to undergo training. The training period is not included in the internship.

Internship programs by profession

At the moment, there are a number of types of internship programs:

1. workplace safety internship – this type of internship is the most important. Without knowledge of norms and rules, it is impossible to perform work of a production nature;
2. There are a number of internships that relate to technical professions. All craftsmen in this category are required to know the rules for fulfilling obligations and have skills in working with special equipment (welder, mechanic, turner, electrical engineer and boiler room operator);

If the profession does not involve hard work, the specialist will need to familiarize himself with the requirements and rules for preparing documentation. You should also remember that although the work is not difficult, it still requires responsibility from the employee (antenna installer, watchman, driver, etc.);

It is also necessary to understand that even the most ordinary and, at times, seemingly insignificant professions require an internship. For example, there is an internship program at the loader’s workplace. It involves completing certain documents and hard work. Consequently, a person applying for a position will need to show how physically prepared he is to perform work of such complexity.

In any case, in order to take his place in the company, the young specialist will have to follow the prescribed program. This is the law.

Internship procedure

The beginning of an internship at the workplace begins with the issuance of an appropriate order on its actual beginning. The body of this document also includes the full name of the employee appointed to the “post” responsible for conducting the practice. Often, the supervisor of the trainee becomes the head of the unit or the head of the site.

The trainee will then be required to complete all relevant safety training. He also needs to become familiar with his duties, etc. The head of the organization keeps a special journal throughout the internship. It indicates the number of days worked (shifts) and the time spent at the enterprise. Also, this type of log records all activities performed by the trainee.

According to the standard, the trainee is required not only to be able to work and complete the assigned task, but also to know all the accompanying documentation that must be followed when performing a particular work process. If at least one of the rules is violated during the internship, then the specialist has every right to defend his rights in court.

How is it paid?

Payment for the internship is made in accordance with the norms of the Labor Code of the Russian Federation. It should be noted that the salary cannot be less than the minimum wage. Payment is made at the end of the entire internship period. The salary of an intern will be less than that of a permanent employee.

Who is exempt from internship?

Employees of hazardous and harmful enterprises must undergo internships. But workers employed in less difficult fields can undergo an internship only on the internal instructions of the head of the company.

How to apply correctly?

In order to formalize the internship correctly, the company management must issue an order to begin it. Then the name of the work process supervisor and the names of the interns are entered into it.

As mentioned earlier, a log is kept where all the activities of the trainee are recorded.

The intern must remember that the law is on his side, of course, if the internship was completed in accordance with all standards by the employee himself. Don't be afraid to stand up for your rights. In case of violation or non-payment of labor, it is necessary to file a lawsuit and resolve the issue at the legislative level.

Dear readers ! If you need specialist advice on labor law issues and protection of the rights of employees and employers, we recommend that you immediately contact our qualified practicing lawyers:

Dear readers ! If you need specialist advice on labor law issues and protection of the rights of employees and employers, we recommend that you immediately contact our qualified practicing lawyers:

Is it possible to have an unpaid internship?

I.V. Tarasova, author of the answer, consultant on labor issues and personnel records management

QUESTION

Is it possible to get an internship without payment? And if so, in what form?

ANSWER

There is no unpaid internship

current labor legislation.

Current labor legislation does not contain a definition of the concept of “internship”, and there is also no directly established procedure for its conduct and registration. In this regard, in our opinion, the employer has the right to independently determine the procedure for conducting and completing the internship.

However, the employer must take into account that mandatory internship is carried out only for workers in blue-collar professions hired

with harmful and (or) dangerous working conditions.
Thus, it is necessary to draw up an employment contract with the employee
.

Note:

The employer is not obliged to enter into an apprenticeship agreement with the trainee, but can do so (at the discretion of the employer)
if we are talking about vocational training on the job.
JUSTIFICATION

The current labor legislation does not contain a definition of the concept of “internship”, and there is also no procedure for its conduct and registration.

Internship in accordance with Art. 76 of the Federal Law of December 29, 2012 N 273-FZ “On Education in the Russian Federation” is one of the forms of additional professional education, when an employee, while in his position, consolidates theoretical knowledge acquired during the development of professional retraining or advanced training programs, and acquires practical skills and the ability to use them effectively in the performance of their duties.

Internships are also mentioned in many departmental documents. For example, clause 2.15 of the Order of the Ministry of Fuel and Energy of the Russian Federation dated February 19, 2000 N 49 “On approval of the Rules for working with personnel in electric power organizations of the Russian Federation” defines internship as practical development directly at the workplace

skills to perform a job or group of jobs acquired during professional training.

The procedure, procedure and duration of the internship may vary and depend on the company and the industry in which it operates. For example, mandatory internship at the workplace is established:

• drivers hired for the first time or who have had a break in work for more than one year, as well as those transferred from one type of vehicle to another (clause 13 of the Procedure for undergoing professional selection and vocational training for employees hired for work directly related to the movement of vehicles transport and urban ground electric transport, approved by Order of the Ministry of Transport of Russia dated March 11, 2016 N 59);
• workers whose workplaces, after a special assessment of working conditions, are classified as having harmful or dangerous working conditions (Clause 2.2.2 of the Procedure for training on labor protection and testing knowledge of labor protection requirements for employees of organizations, approved by the Resolution of the Ministry of Labor of the Russian Federation, the Ministry of Education of the Russian Federation dated 13.01. 2003 N 1/29);
• electrical personnel before being assigned to independent work or when transferring to another job related to the operation of electrical installations, as well as during a break in work for more than one year (clause 1.4.8 of the Rules for the technical operation of consumer electrical installations, approved by Order of the Ministry of Energy of Russia dated January 13, 2003 N 6).

In relation to graduates of educational organizations, the main purpose of internships is to acquire practical work experience, as well as the development of new technologies, forms and methods of organizing work directly in the workplace (Letter of the Ministry of Health and Social Development of the Russian Federation dated May 25, 2009 N 23-2/10/1-3359) . The department has identified two types of internships for graduates (clause 4 of Letter No. 23-2/10/1-3359):

1. according to the qualification obtained (the goal is to consolidate in practice professional knowledge, skills and abilities acquired during previous training);
2. in the mastered area of ​​professional activity in related areas (the goal is to consolidate in practice the professional skills, abilities and knowledge acquired during previous training, as well as the acquisition of the necessary skills and experience in a specific workplace).

As a rule, the need for an internship, its content and duration is determined by the head of the department in which the employee is working, depending on his level of education, qualifications, work experience, etc.

According to Rostrud (see Rostrud’s response https://onlineinspektsiya.rf/questions/view/65003), the legislation does not establish the mandatory presence of an internship Regulation in an organization. If it is available, then it states:

• rights and responsibilities of trainees and their mentors;
• terms and procedure of internship;
• responsibility and other features.

(see Rostrud’s response https://onlineinspektsiya.rf/questions/view/77736.

According to clause 6, part 2, art. 212 of the Labor Code of the Russian Federation, the employer is obliged to provide training in safe methods and techniques for performing work and providing first aid to victims at work, conducting occupational safety training, on-the-job training and testing knowledge of occupational safety requirements.

According to Parts 2 and 3 of Art. 225 Labor Code of the Russian Federation, for all applicants for work

persons, as well as for employees transferred to another job, the employer or a person authorized by him is obliged to provide instructions on labor protection, organize training in safe methods and techniques for performing work and providing first aid to victims.

The employer provides training for persons entering work

with harmful and (or) dangerous working conditions, safe methods and techniques
for performing work with on-the-job training
and passing exams and conducting periodic training on labor protection and testing knowledge of labor protection requirements during the work period.

In accordance with clause 2.2.2 of the Procedure for training in labor protection and testing knowledge of labor protection requirements for employees of organizations, approved by the Resolution of the Ministry of Labor of the Russian Federation, the Ministry of Education of the Russian Federation dated January 13, 2003 N 1/29, the employer (or a person authorized by him) provides training for persons hired to work with harmful and (or) dangerous working conditions, safe methods and techniques for performing work with on-the-job training

and passing exams, and in the course of work - conducting periodic training on labor protection and testing knowledge of labor protection requirements. Workers in blue-collar professions who are new to these jobs or who have had a break in their profession (type of work) for more than a year undergo training and testing of knowledge of labor protection requirements within the first month after being assigned to these jobs.

According to the position of Rostrud (see https://onlineinspektsiya.rf/questions/view/72946): internships are carried out only for blue-collar workers who are hired

with harmful and (or) dangerous working conditions.

During the internship period from the moment of hiring the intern

labor protection requirements and internal labor regulations in force in the organization, as well as labor legislation, including social insurance (Letter No. 23-2/10/1-3359) apply.

Taking into account the above, taking into account the analysis of labor law norms, employment contracts are concluded with such persons, both fixed-term and for an indefinite period, at the main place of work or part-time.

According to Art. 16 of the Labor Code of the Russian Federation, labor relations arise between an employee and an employer on the basis of an employment contract concluded by them in accordance with the Labor Code of the Russian Federation. The employment contract is concluded in writing, drawn up in two copies, each of which is signed by the parties, in accordance with Art. 57 Labor Code of the Russian Federation. One copy of the employment contract is given to the employee, the other is kept by the employer. The employee’s receipt of a copy of the employment contract must be confirmed by the employee’s signature on the copy of the employment contract kept by the employer (Part 1 of Article 67 of the Labor Code of the Russian Federation). According to Part 1 of Art. 68 of the Labor Code of the Russian Federation, employment is formalized by an order (instruction) of the employer, issued on the basis of a concluded employment contract. The content of the order (instruction) of the employer must comply with the terms of the concluded employment contract. The employer's order (instruction) regarding employment is announced to the employee against signature within three days from the date of actual start of work. In accordance with Part 3 of Art. 66 of the Labor Code of the Russian Federation, the employer maintains work books for each employee who has worked for him for more than five days, in the case where the work for this employer is the main one for the employee.

Most often, fixed-term employment contracts are drawn up with interns (Article 59 of the Labor Code of the Russian Federation). The procedure for hiring a trainee is no different from hiring a regular employee. In this case, the employment order indicates the basis for concluding a fixed-term employment contract.

The employer can

enter into an apprenticeship agreement not only with the employee (in this case, the apprenticeship agreement is additional to the employment contract), but also with a job seeker (who is not yet an employee of the organization).
In this case, you can get an education either without interruption from work or without interruption (Article 198 of the Labor Code of the Russian Federation). Apprenticeship contracts are concluded when it comes to vocational training on the job. The need for employee training and additional professional education is determined by the employer (Article 196 of the Labor Code of the Russian Federation). If we talk about trainees, the employer is not obliged to enter into an apprenticeship agreement with them, but can do so (at the discretion of the employer).

Hiring an intern

The employment of an intern is carried out in an official manner: he writes an application for employment for a certain position, on the basis of which an order for his employment is issued, and an employment agreement is concluded. Next, the HR department enters a record of employment as an intern in the work book.

A job application is written using the standard form:

• Business name.
• Position and full name leader.
• Your full name, residential address.
• Request for acceptance into a position as a trainee or apprentice.
• Personal signature and date of writing the application.

You can download a sample of such a statement here.

The employment contract is drawn up in accordance with the text of the application: if the applicant wishes to train for any position, then the contract is called an apprenticeship contract. It differs from the internship in that the student is assigned a mentor, whose duty is to teach him the profession, accompany the practice and take the exam at the end of the term. When concluding a student agreement, an entry about this is not made in the work book.

If the applicant for a position has a special education and relevant work experience, then it is enough for him to demonstrate his skills in practice, so a standard employment contract is concluded with him with a mention of the internship period.

Regardless of the status of the trainee, it must be formalized in order to avoid complaints from the labor inspectorate.

Subtleties of payment and processing

In the case of a paid internship, upon hiring, an employment contract must be concluded with the new employee (Article 67 of the Labor Code of the Russian Federation). At the same time, payment for the internship period should not be less than the level established by the minimum wage. However, there are exceptions here regarding students undergoing such internships.

In the case of students, the company must enter into an appropriate agreement with the educational institution.

The subject of this document must be labor practice. Do not confuse internship and student practice. These are two different things that are regulated differently. After all, in the case of students, there is no need to talk about hiring.

Here the organization simply provides a place and opportunity for internship. Therefore, this practice is not paid. At the same time, the bonus here is the possibility of further employment if there is a vacant position at the enterprise, and the student completed the internship with “excellent marks”.

How is an internship completed?

The internship procedure must be formalized accordingly. The minimum set of documents includes:

1. The internship regulations are a local act of the enterprise; it defines general issues of conducting the probationary period.
2. The internship program is a document that specifies the procedure for completing the procedure:

– test period;

– skills that the employee must demonstrate within the allotted period.

1. An employment contract between an employee and an employer.
2. An order for an internship including the following points:

– basis for internship;

– list of probationers;

– mentors from among permanent employees.

The order is signed by the head of the company. Employees who begin an internship and mentors must sign the order, confirming that they are familiar with it.

A sample of such an order can be downloaded here.

At the end of the deadline, an order is issued again with the results of the tests passed with a mention of admission to permanent work or termination of the contract due to the fact that the results of the work do not meet the employer’s requirements.

Duration of internship

The duration of the internship has changed since March 1, 2017. Before that, its duration did not exceed 2 weeks, excluding weekends. Today, the duration of the internship is determined by the management of the enterprise.

If the employee has the appropriate education and experience in a similar position, then the retraining time does not exceed 19 days. In the absence of these criteria, a longer period may be assigned: from 1 to 6 months.

If an internship is necessary for appointment to a managerial position, the employee is assigned a probationary period of 2 weeks to 1 month.

What is the difference between an internship and a probationary period?

Despite certain similarities in concepts, it is necessary to distinguish between an internship and a probationary period.

A probationary period is a period during which an applicant for a position is tested to determine his professional suitability.

Internship is a broader concept. Its goal is to gain specific professional skills and abilities or training in new technologies. This procedure is prescribed by the company management based on the application of the applicant. During the internship, a specific plan for its completion is drawn up. This is usually practiced in large enterprises.

Unpaid internship - what is it?

An unpaid internship most often means a period during which a potential future employee, without concluding an employment contract, becomes familiar with the production process, undergoes, if necessary, minimal training from the employer, and for some time tries to perform his job duties - under the supervision of an experienced employee or without such. This phenomenon is quite widespread in Russia, especially in small towns and in relation to new workers who do not yet have the necessary experience and who are happy about any job opportunity.

However, at the same time, many people, even those who do not have knowledge of labor law, have questions about whether unpaid internships are legal and how they are regulated under the Labor Code. Typically, employers are in no hurry to answer this question, but they provide a wide range of arguments according to which unpaid internships are presented in a light that is favorable to the employee.

At the same time, most often all information about unpaid internships among Russian citizens are misconceptions that have nothing to do with real standards regarding employment. And in order not to spread myths, not to become a victim of them and to be able to protect your rights and ensure the legality of work and income, as well as to avoid any possible abuses, first of all it is worth understanding at least the basic norms of labor legislation, which may affect various aspects of unpaid internships.

Is the internship paid and how much?

According to the law, any work must be paid, regardless of whether the citizen is a permanent employee or on probation. The Labor Code does not have a separate article devoted to internship issues, but there is a mention of it in Art. 59, therefore employers are guided by it as a provision that should be relied upon when hiring an intern.

The internship is paid to the employee in accordance with the law, but payment is made in a smaller amount than to the main employee. The employee’s salary must be known upon employment.

Normative base

The fact that internships are paid when applying for a job is stated in the Labor Code of the Russian Federation. At the same time, there is no separate article here that would be entirely devoted to all the intricacies of the internship. It is mentioned in Art. 59, which is devoted to the conclusion of a fixed-term contract.

However, it is worth noting here that the amount of salary during the internship is determined by the employer independently. Naturally, the salary for the internship period will be slightly less than that of experienced employees in the same position. But the amount of payments for this period should not be lower than the minimum level prescribed by law.

In order to clearly know how much money will be received during the internship period, this point must be discussed with the employer before concluding the contract. Moreover, the document itself must contain a clause regarding the amount of salary a person is entitled to during practice.

Also, payment for an internship may be regulated by by-laws that regulate labor relations in the Russian Federation.

Differences between an intern and a main employee

The status of the main employee and the trainee, and even more so the trainee-apprentice, differ in several respects:

1. Employment. When applying for a job, the trainee writes a statement indicating the need for an internship or training in a profession. If he does not mention this, then the employer himself assigns a probationary period to the newly hired employee at his own discretion.
2. Wage. The remuneration for the work performed by the trainee may be lower than that of the main employee. If an employer is interested in a specialist hired for a vacancy, then he can set a salary at the same level as permanent employees (see also how to calculate wages).
3. Order for the institution. The text of the order indicates that the employee is undergoing a probationary period for a certain period. If during this time the employer decides that the specialist meets the requirements and accepts him for permanent work, then a new order is issued to hire him for permanent work.
4. Employment history. All entries in the work book are made on the basis of a local act, so the first entry contains information about admission as a trainee, and the second – about permanent employment or dismissal.
5. Employment contract. A standard employment agreement is concluded with the intern, as with permanent employees, but it must contain clauses on the completion of the internship, indicating its duration, the salary due for this period and a link to the article of the Labor Code, on the basis of which this clause is included in the contract.

According to the law, an internship must be considered by the employer as a full-time work activity.

Give the opportunity to try yourself in different roles

Perhaps your intern is not good at writing texts, but at the same time he is not afraid of large amounts of data and in the future he can become an excellent analyst. You both will know this only if he has the opportunity to try himself in several departments working on different tasks.

70% of our interns' working time is assigned to one department, and they can use the rest to help another.

The main difficulty in working with interns is disinterest and serving the internship as a mandatory element in the process of studying at a university. Such students are eliminated already at the interview.

As a rule, at the first meeting it is immediately clear whether a person wants to gain experience and skills or for him this is just a line in his record book about completing an internship. The second difficulty is the unstable schedule of students and, as a result, the inability to transfer complex tasks to them. It can be solved just as easily: the student draws up a work schedule that is convenient for him, KPIs are prescribed for it, and the manager supervises the young specialist.

In what cases can you do without an internship, and in what cases is it required?

The employer is legally obligated to use internships when employing a new employee. It is necessary for several reasons:

• check his professional skills in the specialty for which he is applying;
• training in safe working methods, conducting all types of briefings in the workplace;
• monitoring the assimilation of instructions - this is especially necessary in enterprises with hazardous working conditions;
• OT knowledge test.

All enterprises where internship is required are under the jurisdiction of Rostechnadzor. These include all production companies associated with severe, dangerous and harmful factors.

Requirements for conducting an internship are also mandatory for workers in other fields, if this is established in separate regulations. If there are no conditions at the enterprise that threaten the life or health of employees, then a probationary period is appointed by the employer at his discretion. In this case, one goal is pursued - to check the suitability of the applicant’s professional skills to perform job duties.

The legislative framework

Certain legal norms that are related to internships are contained in articles of law.

Thus, it turns out that the main point of completing an internship is that it is carried out for citizens entering work for the first time. Main goals: mastering the necessary professional skills or confirming existing ones.

Industrial internship

Internship is an opportunity to gain invaluable experience working at an enterprise

To begin with, a few words directly about practice in production. This is the period in work when a young specialist consolidates the acquired knowledge and makes his own bumps in everyday work. During an internship, a young employee has the opportunity to prove himself in the best possible way and, possibly, settle down in his workplace for a long time and with full rights. For organizations and businesses, interns are also useful. This is a renewal of the team, its new blood, so to speak. An employer can first take a closer look at the intern, see all his pros and cons, and then decide whether he is suitable to work in a team or should look for someone else.

The trainee must be assigned an experienced mentor who has at least 5 years of experience in his specialty, and is obliged to advise the newcomer, observe how correctly he does everything, and control his actual work. Specialists are trained in accordance with a special program, which is documented for a specific specialty or position. The time and frequency of work sessions are also established in writing - an order for on-the-job training is issued.

Admission to internship is approved by order. There is no specific form of the order; it is compiled similarly to other orders. The order specifies the terms of the internship, the full name of the trainee and the mentor responsible for the internship. The timing may vary depending on the qualifications, professional skills, and experience of the newcomer. The last paragraph of the order stipulates that if the trainee successfully passes the internship, then he will be given a permanent job. The internship order is signed directly by the head of the enterprise.

During the internship, a diary is filled out, in which the actual place of work, the functions of the enterprise, and the personal goals of the intern are noted, in accordance with the program (Article 29 of Law No. 5067 on Employment). After completing the internship, they summarize the results, determine the level of acquired skills, and draw up a conclusion about the end of the internship. The final conclusions and recommendations are passed on to the management of the enterprise for a final decision on the future fate of the trainee.

How to register an intern so that there are no problems with labor and tax inspectors

The Labor Code does not define what constitutes an internship and who an intern is. Based on other regulations that provide for the procedure for completing an internship (for example, State requirements for professional retraining, advanced training and internship of civil servants of the Russian Federation, approved by Decree of the Government of the Russian Federation of May 6, 2008 N 362), it can be understood that an internship is like receiving a theoretical knowledge for a specific position (profession, specialty), and consolidation of acquired theoretical knowledge in practice (in the workplace).

The word “internship” is mentioned in the Labor Code of the Russian Federation in Art. 59 of the Labor Code of the Russian Federation when establishing the grounds for concluding a fixed-term employment contract. Thus, a fixed-term employment contract is concluded to perform work directly related to practice, vocational training or additional professional education in the form of an internship.

In relation to certain categories of workers, the legislation directly uses the term “trainee, internship”:

• a trainee lawyer is hired under the terms of an employment contract concluded with a lawyer (Article 28 of the Federal Law of May 31, 2002 N 63-FZ “On advocacy and the legal profession in the Russian Federation”);
• internships for drivers of certain categories are carried out (section 3 of the Regulations on improving professional skills and internships for drivers RD-200-RSFSR-12-0071-86-12);
• persons applying for the position of a notary must undergo an internship (clause 2 of the Procedure for completing an internship for persons applying for the position of a notary, approved by Order of the Ministry of Justice of the Russian Federation dated June 21, 2000 N 179 and the Decision of the Board of the Federal Notary Chamber dated May 26, 2000);
• assistants to arbitration managers undergo internships (clause 1 of the Rules for conducting an internship as an assistant to an arbitration manager, approved by Decree of the Government of the Russian Federation of July 9, 2003 N 414);
• training of medical and pharmaceutical workers takes place, including, in the form of internship (clause 4 of the Procedure and terms for improving professional knowledge and skills by medical workers and pharmaceutical workers, approved by order of the Ministry of Health of the Russian Federation dated August 3, 2012 N 66n).
• the internship mechanism is also used by employment authorities to gain work experience for unemployed citizens (Law of the Russian Federation “On Employment of the Population in the Russian Federation” 04/19/1991 N 1032-1).

But they can also be hired as interns in other legal situations:

1. Hiring under a fixed-term employment contract (as an intern or for another position) to perform work related to professional education in the form of an internship;
2. Concluding a student employment contract for on-the-job training;
3. Industrial practice of students upon concluding an agreement between the training organization and a company ready to accept an intern.

28 Federal Law dated 31.

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:

1. 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.
2. 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.
3. 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 a supervisor, poor exam results, etc.

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Internship payment

During the internship, the trainee performs some kind of work, and any work must be paid. Payment is made in accordance with established standards, systems, prices, rates or salaries, taking into account all kinds of additional payments and coefficients.

Mentors or supervisors of the trainee, appointed from the staff of the enterprise or organization, receive a salary supplement of at least 5% of his basic salary. The funds are taken from funds intended for education, training and retraining of personnel.

The article was written based on materials from the sites: specworkgid.ru, moyaidea.ru, hr-portal.ru.
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