Forms of advanced training
According to clause 41 of the Standard Regulations, an employee can improve his qualifications:
- taking time away from work;
- without interrupting work activities;
- partially taking time away from work;
- according to an individual form of training.
According to Art. 187 of the Labor Code of the Russian Federation, if an employee is sent to study, taking him away from work, then he must retain his place of work, his position and average salary. If an employee was sent to study in another region, then he must be paid not only travel expenses, but also the average salary for the entire period of being on a business trip.
If an employee improves his qualifications without interrupting his work activity or partially interrupting it, then he must receive a salary for the time actually worked. If an employee studies and works at the same time, then according to Art. 91 of the Labor Code of the Russian Federation, the total working time should not exceed the daily norm.
https://youtu.be/ZPlzbKslwjQ
Order on referral to advanced training courses. sample and form 2020
The order on advanced training of medical workers is provided for by law - pharmacists and other medical specialists working in public and private institutions, in accordance with the requirements of Federal Law dated November 21, 2011 No. 323-FZ, are required to regularly take advanced training courses at the expense of the employer - once every five years.
Order on referral for advanced training, sample
The form of the local regulatory act on the basis of which personnel will be sent for training is free, but it must contain the following information:
- order number and date of issue;
- links to regulatory documents on the basis of which the employee is sent for training;
- FULL NAME. and the position of the assigned employee;
- period of vocational training;
- the name of the training center where classes will take place;
- justification for the direction;
- the conditions under which classes will be conducted;
- FULL NAME. person responsible for training;
- on the basis of which the employee is sent for training (this may be an employment contract or an additional agreement to it);
- signature of the person being sent;
- signature of the head of the medical institution (or his authorized person).
Direction goals
Employees of medical institutions must undergo systematic training in order to update their theoretical and practical knowledge. Doctors should:
- master modern methods of diagnosing various diseases;
- study the latest methods of surgical interventions;
- get acquainted with new medical equipment, etc.
Completion of training courses by specialists engaged in the medical field is a mandatory condition included in the employment contract.
The educational center is chosen by the employer.
If the head of a medical institution needs to train an employee, he enters into an agreement with the center and issues an order to send the employee to advanced training courses.
Upon completion of the training, the physician is issued a certificate. This document confirms the right of a trained employee to carry out work in the direction specified in it.
Referral procedure
The algorithm is as follows:
- The employee writes a free-form application to the employer about sending him to study.
- Based on the applications received and available information about training cycles in educational institutions, the employer draws up an annual staff training plan.
- When the time comes and the receipt of vouchers for study is organized, an order is issued and the employee is sent to study.
An order to send for training can be drawn up either in free form or in form T-9 or T-9a (if several people are sent).
After completing the course, do not forget to make an appropriate entry in the work book.
Source:
Order for advanced training studies
Any employer is interested in qualified employees.
There are entire programs for training, advanced training and courses in certain disciplines.
In addition, the manager himself can direct his employees to the necessary courses, based on the essence of the tasks that specific employees perform.
What should a manager do to ensure that his employee has higher qualifications or re-masters some process in production? What regulations must be drawn up for referral to training? How to correctly draw up an order for advanced training courses and for sending employees to training? The answers to these and other questions are given in the article below.
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Training or advanced training
There are two types of referrals for employees to training events.
- For education.
- For advanced training.
- Short-term courses. This is a type of training in which classes take less than three days (72 hours). As a rule, such classes take place right at the workplace and are defended by writing a control test or an essay.
- Seminars. The duration of the seminars is from 72 to 100 hours . They are more global in nature and look at problem areas of the industry in which employees work.
- Long courses. They last over one hundred hours and are devoted to a more in-depth study of issues similar to those of the seminars.
In the case when an employee is sent for training, we are talking about training .
That is, the employee is sent by his employer to an educational institution with which the latter has a specific agreement .
According to the current legislation, namely part two of Article 197 of the Labor Code, in order to be sent to training, an appropriate agreement must be concluded between the employee and the employer.
Or
an agreement to a current employment contract.
In addition, a clause can be included in the contract stating that the employee must work for a certain period of time in the organization after completing training. The employee is not required to give his consent to attend or undergo training.
Refusal of such procedures will not be considered a violation of labor activity, but may result in professional unsuitability for the position. And, as a consequence, termination of the contract with him.
Article 197 of the Labor Code of the Russian Federation. The right of workers to professional training, retraining and advanced training.
Workers have the right to professional training, retraining and advanced training, including training in new professions and specialties.
This right is exercised by concluding an additional agreement between the employee and the employer.
Increasing your skill level is a little more difficult. Based on the timing of the courses and the amount of knowledge they provide, there are several types based on the duration of this training:
When to train an employee
Every employer is interested in qualified personnel. But sometimes during the work process situations arise when the employee’s level of knowledge may be insufficient, and then the question arises of acquiring new knowledge necessary for work.
Such a need may arise when changing organizational methods of work and improving production. Especially if innovative methods of work differ significantly from previous ones. For example, when an organization switches to electronic document management.
Also when carrying out certain types of work activity, for example, such professions as a driver or a train driver, where regular improvement of the educational level is not only mandatory, but also necessary.
Study or advanced training
There are two types of training activities for employees: training and professional development. They differ significantly from each other.
In the first case, we are talking directly about studying at an educational institution with which the budgetary organization has entered into a corresponding agreement. Conducted outside of production.
Due to the requirements of Part 2 of Art. 197 of the Labor Code of the Russian Federation, an agreement or additional agreement to the employment contract is also concluded between the employee and the employer. In it, the employer can indicate, for example, the need to work for a certain period after completion of training.
In this case, the budgetary organization either pays for the studies itself or can compensate these costs to the employee. At the same time, the latter may refuse to study, and this will not be an indicator of a violation of labor discipline.
However, the consequence of refusal may be the employee’s professional unsuitability and inadequacy for the position held.
Source: https://allzakon.ru/zakon/prikaz-o-napravlenii-na-kursy-povysheniya-kvalifikatsii-obrazets-i-blank-2018-goda.html
Information that must be displayed in the document
The order must contain the following:
- full name of the organization;
- document title;
- where the order was drawn up;
- registration number;
- the date the document was drawn up;
- an indication of the article of the Labor Code of the Russian Federation and the reason why the production need arose;
- Full name of the person who is going to be sent;
- his position;
- duration of study (start date and end date);
- full name of the educational institution;
- argumentation of the need for training;
- conditions of training;
- amount of tuition fees;
- amount of compensation;
- Full name of the person responsible for the studies;
- registration number of the employment contract or additional the agreement on the basis of which the referral is made;
- signature of the person being referred;
- director's signature;
- signature of a HR specialist;
- signature of the chief accountant.
If an organization plans to send several employees for advanced training, then a single document is drawn up with a list of all names. If an employee must go to another region/city for training, an additional order for his business trip is issued.
We are preparing an order for employee training
A dynamically developing environment and fierce competition in the market require companies to use the latest technologies in their work. Consequently, there is an increasing need to develop personnel by acquiring the necessary knowledge. In this article we will look at how to competently organize training at the expense of the enterprise.
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A common mistake when preparing the necessary documents is a lack of understanding of exactly what type of educational services the company will use.
Often an equal sign is placed between training and advanced training, which is incorrect. In order to differentiate these concepts, one should refer to the Federal Law “On Education of the Russian Federation” dated December 29, 2012 No. 273-FZ.
Article 73 classifies vocational education into three programs:
Program | An object | Target |
Vocational training | Persons who previously did not have the profession of a worker or an employee position | Initial acquisition of the profession of a worker or an employee position |
Professional retraining | Persons who already have a profession or position | Getting a new profession or a new position |
Advanced training | Persons who already have a profession or position | Consistent improvement of existing knowledge, skills and abilities in an existing profession or position |
When to send
Art. 196 of the Labor Code of the Russian Federation gives the employer the right to independently determine the need for employee development.
The exception is cases when it is impossible for an employee to perform a particular activity without primary professional training or additional education (Article 196 of the Labor Code of the Russian Federation).
For example, a medical worker is not allowed to manipulate the latest equipment unless he has completed the appropriate advanced training course.
In addition, for certain groups of employees, the frequency of additional training or knowledge testing is regulated by law. In commercial enterprises, this primarily concerns employees responsible for labor protection. Order 1 29 occupational safety training requires managers and specialists of the organization to undergo a knowledge test at least once every three years.
Documents for referral
Labor legislation does not provide for a specific algorithm for sending an employee to study and does not oblige the organization to have a corresponding local regulation. However, if we are talking about education at the expense of the enterprise, then the employer is interested in the most correct execution of related documents. We list the main ones:
- Agreement with a licensed educational service provider.
- Order to send an employee to study.
- Agreement with the employee to receive additional education.
The first two documents are fundamentally important if the employer plans to exempt fees for educational services from personal income tax in accordance with clause 21 of Art. 217 of the Tax Code of the Russian Federation. As for the agreement with the employee, this document is intended to protect the employer from financial losses, in accordance with Art. 249 of the Labor Code of the Russian Federation, in case of dismissal of an employee
How to correctly draw up an order for referral to training
The order is the basis for employees to attend classes during working hours. The legislation does not define clear requirements for the execution of this document. However, the text of the order must include an indication that personnel training is carried out at the expense of the enterprise and in its interests.
It is recommended to state in detail the reason why an employee or group needs professional training, retraining or advanced training. Only if these conditions are met can the employer expect that education costs will be taken into account when calculating income tax.
As an example, we offer an order on the organization of occupational safety training.
What must the employee provide after training?
The employee’s obligation to provide anything to management based on the results of completing an educational course is not regulated by law. However, the employer has the right to include such a clause in a local regulatory act and agreement with the employee, formulating it at his own discretion.
As a rule, a person who has completed his studies is required to provide a document confirming this fact. In some cases, management may request reference and teaching materials received by the student in class.
In addition, it is common practice to conduct an internal assessment of the effectiveness of training, during which the employee is required to confirm in practice the acquired knowledge. This procedure should also appear in local regulations.
Sample order for training
Source: https://ppt.ru/forms/obuchenie/prikaz
Mistakes made when filling out a document
Most often, when filling out an order, a specialist may make the following mistakes:
- the document was not dated or was entered incorrectly;
- the name of the person who should be sent for training is missing;
- adding text with a simple pencil or a pen of a different color;
- the entry was made in illegible handwriting;
- blots, corrections;
- spelling mistakes;
- the full name of the educational institution is incorrectly indicated;
- the name of the organization is incorrectly indicated;
- artificial aging of a document;
- erasing text.
Order to send an employee for training
The order on advanced training of medical workers is provided for by law - pharmacists and other medical specialists working in public and private institutions, in accordance with the requirements of Federal Law dated November 21, 2011 No. 323-FZ, are required to regularly take advanced training courses at the expense of the employer - once every five years.
Articles on the topic
The order to send for training refers to intra-organizational documents. Find out what features should be taken into account when drawing up an order, and what to pay special attention to.
When an order for employee training is needed, sample 2017
An order to send for training is considered an official document confirming the employer’s decision to send an employee for retraining, advanced training, or courses in relevant disciplines.
The manager is interested in ensuring that the organization employs highly qualified personnel capable of completing the assigned work quickly and efficiently.
This allows you to count on the stable economic development of the company, increasing the competitiveness of products or services provided, and quickly resolving current and strategic issues.
An order to send for training can be of two types
Directly for training
The employee is sent to an educational institution with which the employer has an agreement
- If the educational institution is located in the same city or locality where the main organization in which the employee works is located, only an order is sufficient;
- when sent to another area, you will additionally need to prepare documents for the business trip;
- draw up a training agreement or an additional agreement to the current agreement
For advanced training
Training
carried out in branches of the educational institution;
in training classes organized on the basis of the enterprise
- Advanced training mainly takes place in the same area where the organization is located; accordingly, an order issued by the employer is sufficient to conduct training
It must be taken into account that in accordance with the current legislation, Article 197, part two of the Labor Code of the Russian Federation, when sending an employee for training, an agreement or additional agreement must be concluded between two parties - the employee and the employer. The document should include a clause stating the need to work for a certain period after
graduation from the relevant institution where the employee received his education. This will allow the employer to count on a rational investment of financial resources that will be required for employee training and reimbursement of expenses associated with obtaining education.
The employer issues an order for referral to training after receiving consent from the employee.
An employee has the right to refuse additional training or advanced training courses.
This does not apply to a violation of labor discipline, but may lead to further recognition of professional unsuitability, removal from the position and termination of the employment relationship.
Based on Article 197 of the Labor Code of the Russian Federation, employees have the right to:
- professional education
; - retraining;
- training.
This right is exercised by concluding an agreement between the employee and the employer or drawing up an additional agreement to the current employment contract.
The order for referral to training for advanced training is drawn up taking into account the main types of courses
Qualified specialists are required in every enterprise. Personnel training and advanced training can take place according to specially developed programs or courses for a specific area of activity of the company. The assignment of an employee to training is formalized by an order from the manager, a sample of which can be downloaded below.
The head of an organization has the right to independently make a decision on sending subordinates for training, based on the employee’s job functions and the goals set for him (studying equipment, obtaining new qualifications, classes).
Learning activities
Based on the director’s resolution set out in the order, the employee undergoes training at an educational organization, retraining, or improves his qualifications.
The training of a specialist is accompanied by the conclusion of an agreement with an institute, technical school, university, or training center.
An agreement is drawn up with the employer, to which you can add information about the period of work after completing your studies, or an agreement to the current employment contract.
Labor legislation does not specify a maximum period of work; the decision is made by mutual agreement of the parties and depends on the costs incurred and the time of their recoupment.
Improvement of employee qualifications occurs in 3 directions:
- short-term courses - 72 hours are allocated for classes at a specialist’s workplace, the acquired knowledge is confirmed by passing an essay or passing a test;
- seminars - the procedure lasts 72-100 hours, more significant and vulnerable areas of work are considered;
- long-term courses - their focus is similar to seminars, but the issues are studied in more detail, classes last more than 100 hours.
Courses can be carried out with full or partial separation from production or in parallel with work activity.
The documentary basis for sending an employee to training takes the form of an order, in which the manager gives an order to send an employee or group to a person for training.
How to issue an order to send for training
If there is a need for subordinates to study any information, the employer issues an order to send the employee to training, courses or seminars.
This document does not have a mandatory form and is drawn up in any form.
The “header” of the order indicates the name of the legal entity, title, location and date of preparation of the document.
The preamble of the order contains an indication of an article of the Labor Code or the emergence of a production need.
The text block consists of:
- Full name of the specialist being sent for training and his position;
- start and end dates of courses or studies;
- full name of the educational institution;
- conditions for completing training and amounts of payment and compensation;
- instructions to the personnel specialist to prepare the necessary documentation (job assignment, travel certificate, entering data into the time sheet);
- signatures of the director indicated in the order of the specialist, HR inspector and chief accountant.
When training several employees, a single document is drawn up.
https://youtu.be/ntGGHW9XXPU
There are professions for which the manager is obliged to provide professional training and additional:
- medical workers;
- civil servants;
- notaries;
- teachers;
- coaches and professional athletes.
The head of the enterprise assumes all costs of obtaining the necessary knowledge or pays compensation to the trainee.
You should not neglect the execution of a student agreement, which confirms the fact that a legal entity is spending money on training. When such an employee is dismissed, a situation may arise to recover the amounts spent on him.
If an employee is sent to receive training in a remote area, an additional order for his business trip is issued.
Consent to visit an educational institution or training centers is not required from the employee. But by refusing this procedure, the employee may find himself unsuitable for further performance of his labor functions, which will entail termination of the employment contract.
Sample design
Sample order for referral to occupational safety training - download.
Sources: clubtk.ru, www.hr-director.ru, blankived.ru
Source: https://ObrazcyPrikazov.ru/deloproizvodstvo/obuchenie/obuchenie-deloproizvodstvu/obrazets-prikaza-na-obuchenie-sotrudnikov-povyshenie-kvalifikatsii.html
How to correct mistakes made
If an error is found in the document, you must do the following:
- Rewrite/retype the document. You can use this method only if an error has been noticed:
- before the manager’s signature was affixed;
- at the time of signing.
- Issue a new order. But before you start issuing a new document, you need to create a cancellation order that contains errors. It should contain the following:
- registration number of the order;
- the date it was compiled;
- document's name;
- the beginning of the text in the order should begin with the words: “Declare invalid”/“Consider invalid”;
- briefly why they decided to cancel it;
- who is responsible for corrections;
- signature.
Order on referral to advanced training courses: sample 2020 | how to register
To document that the employee’s training is carried out in the interests of the organization, an order to send for training is drawn up. Read about how to compose it correctly.
How to draw up an order for referral to training
According to Art. 197 of the Labor Code of the Russian Federation, every working citizen has the right to receive additional education in his existing specialization. A person can take the initiative to improve his qualifications or follow his boss’s offer for additional training. In any case, it is important to correctly prepare the relevant documentation, in particular, the order to send you to study.
There is no unified form for such an order, so the manager is free to draw it up in free form and approve the LNA. If the company has a letterhead, the order for advanced training in 2020 is drawn up on it. In its absence, a header is placed on top containing the name of the company and its details.
When placing an order, you can use the following algorithm
Step 1. Write a title - an order for referral to advanced training courses.
Step 2. Specify the details - date and outgoing order number.
Step 3. Write down the rationale for issuing the order - the reason why the employee is sent for training. Most often, this involves a statement from the employee himself or a production need. The basis may also be an employment contract or additional agreements to it.
Step 4. It is better to break the main part of the order into points. The first paragraph reveals the essence of the document; the manager orders to send the employee for advanced training, indicating:
- Full name of the student;
- his position;
- name of the educational institution, details of its license or accreditation;
- name of the training program;
- number of teaching hours;
- start and end dates of training.
Step 5. The second paragraph specifies the conditions for sending an employee to off-the-job training. According to Article 187 of the Labor Code of the Russian Federation this is:
- maintaining a job;
- maintaining average earnings for the period of study;
- compensation for travel expenses.
Step 6. The third point determines how to pay for your studies. Usually the payer is the company. Sometimes the company partially covers the cost of the courses, the employee pays the rest himself (with his consent, it is deducted from his salary).
► How to refer an employee for an independent qualification assessment
Step 7. The fourth point determines the person controlling the execution of the order.
Step 8. Apply the director’s signature and the organization’s seal (if available).
Step 9. Take autographs from the employees mentioned in the order (student, supervisor, accountant, etc.) to confirm the fact that they are familiar with the order, indicate the date of familiarization.
If not one, but several employees are sent for training at once, it will be sufficient to issue one order regarding all students.
When filling out a time sheet, the personnel officer enters PC (07) in the case of advanced training with a break from work or PM (08) with a break from work in another area.
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In what cases is it required
Experienced managers do not skimp on professional staff training, because they know that qualified employees will bring a lot of benefits to the company.
Many industries are developing quite dynamically, annually updating software, production technologies, methods, etc. In order to keep up with progress, and, therefore, not to lose profit, the employer organizes training for its personnel.
A bonus is additional motivation for employees who want to improve their professional skills.
Employee training is initiated:
- leader.
And then, before issuing an order to send to advanced training courses in 2020, the boss must obtain the employee’s consent. An employee may refuse to study, but for the employer this will be a reason to think about his professional suitability. It is also worth looking into the employment contract - many companies provide for periodic mandatory training of personnel. - by the employee himself.
And then he declares this to management in writing. If a positive decision is made, the director issues an appropriate order. - legislatively.
For some types of activities, regular training of personnel is mandatory, such as, for example, for railway and vehicle drivers or university teachers. An employee has no right to refuse to study, just as a boss has no right to ignore the established schedule.
An order to train an employee is always required if the person is actually studying. In the case of off-the-job training, the order will serve as an excuse for absence from work, as a basis for paying for studies, and compensating expenses for the student.
An order to send you to study in 2020 may also be required to confirm the economic justification of expenses when calculating income tax. In this case, it is also necessary to have an agreement with a licensed educational institution that provides the relevant courses.
Sometimes employers do not consider it necessary to issue an order if the employee is trained directly on the job, because this type of training does not involve expenses or compensation. However, this is wrong, because it’s not just about financial costs.
For example, confirmation of the fact that a person improved his qualifications on the job may become a reason for granting the trainee a priority right to remain at work in the event of a possible layoff (Part 2 of Article 179 of the Labor Code of the Russian Federation).
If a dispute arises without a formalized order, it will not be easy to prove.
Training seminar
Currently, educational activities carried out through one-time classes of various types, including lectures, internships, seminars, are not licensed (paragraph 3, paragraph 4 of the Regulations on licensing of educational activities, approved by Decree of the Government of the Russian Federation of March 16, 2011 N 174), If certification is not carried out based on its results, education documents are not issued. Let’s say right away that the absence of a license will not allow the employer to take expenses into account when taxing profits.
Note.
As a rule, based on the results of the training seminar, participants are issued a certificate in a form independently developed by the training organization.
It indicates full name. participant, topic of the seminar, number of hours and other information. In order for an employee to participate in a training seminar, the employer must enter into a training agreement with the organizing company. In this case, in the order to send the employee to a training seminar, he must indicate that the employee is being sent to a seminar to improve his skills.
Note.
The lack of a license does not allow companies using the simplified tax system to include the costs of training an employee at a seminar as part of the costs of training and retraining of personnel (subclause 33, clause 1, article 346.16 of the Tax Code of the Russian Federation).