Extension of internship in the workplace. Workplace internship: procedure and design

For all employees who are employed for the first time in a position, a probationary period and training are provided. During a certain period, a new employee will have to acquire the skills necessary for the successful implementation of labor activities. The entire period of the internship for the employee is monitored by managers who can decide to accept him for a permanent position or to dismiss him due to inconsistency with the tasks set.

The official text of the contract establishes the period during which the internship and briefing takes place. Most often this is a period of 2 weeks to 1 month. Sometimes it can take several months. Federal Law 197 contains the main provisions governing the passage of the probationary 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 there is no corresponding section in the document, 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 the 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 duties assigned to him. And the employee himself, during the trial period, can understand whether the proposed conditions, the team, etc., are suitable for him.

What are the grounds for probation?

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

• persons who have passed the competition for filling a vacant position;
• women raising children under one and a half years old, or pregnant;
• a minor teenager under 18 applies 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 first gets a job after receiving a diploma of education. There is one exception - if more than a year has passed since the completion of training, a probationary period may be assigned;
• specialists who were transferred to a new position from another branch of the company do not undergo an internship, in accordance with the current agreement between the 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 taken directly by the employer. We suggest downloading the internship law from the link below in order to familiarize yourself with the main provisions of the document.

How is the internship paid?

Important for potential employees is the question of how payment is made during the trial period. According to the current legislative norms, every person who takes up a new position has the right to a fair and timely payment for his 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, on how difficult the work process is. Such legislative standards should be interpreted as the obligation of the employer 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 total amount cannot be lower than the minimum wage set by federal officials.

How long can an internship take?

The total period of probation and training is set by the employer. The Labor Code today does not regulate the duration of an internship. In each case, the duration of the period is set individually and is prescribed at the conclusion of the employment contract.

Article No. 70 of the draft law establishes the maximum allowable time for passing the probationary period. For senior management, it cannot last longer than six months. This includes professionals in the following positions:

• managers;
• chief accountants;
• managers of structural subdivisions or branches;
• deputy leaders.

For other categories of citizens, the duration of the internship cannot exceed 3 months, except for 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 are going to become notaries.

A probationary period is mandatory for those who plan to get a job as a driver. To drive a freight transport, you need to confirm your qualifications within 1 month; for drivers of passenger buses, you need to work 50 hours (32 of them on the route they will be driving).

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

How to register an employee on probation

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 the current legislation, the following steps must be observed:

• the head of the organization signs the regulation on the creation of an internship. It indicates information about the terms, about the powers vested in employees during the probationary period, about how their activities are paid, and so on;
• the applicant is interviewed;
• if the parties come to an agreement, an employment contract is drawn up;
• the new employee is on probation;
• after the end of the specified period, the head makes a decision on the suitability of the candidate for the position held. Further, the employee is either fired in accordance with the internship regulation, or is employed legally.

Even during the probationary period, a person must be issued in accordance with all the rules. To do this, the personnel department is provided with an application for admission to the service, a work book, a diploma of education, a photocopy of the passport. The employer has the right to draw up a fixed-term contract, or an indefinite one, but indicating the duration of the internship period.

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

What are the rules for internships for labor protection workers? We talk in detail about its program and the procedure for conducting it in this material.

Legal regulation

The Labor Code of the Russian Federation only once mentions an internship at the workplace for labor protection in Article 216.

At the same time, since 2017, the issues of internships in labor protection have been regulated by paragraph 9 of GOST 12.0.004-2015 “Interstate standard. System of labor safety standards. Organization of labor safety training. General Provisions". It was put into effect by the order of Rosstandart dated June 09, 2016 No. 600-st. Officially began to operate from March 01, 2017.

According to the law, the head of the unit is not obliged to issue an order on internships in labor protection and conduct them. He himself defines:

• the need for them;
• content;
• internship period.

These parameters depend on the education, qualifications, work experience, etc. of a particular worker.

Goals

According to this document, training and internships in labor protection mean labor safety training in the form of an internship for a specific specialist at the workplace.

In general, any OSH internship program should aim to:

• to acquire skills and abilities for the independent safe performance of labor functions and duties in the position held;
• practical development of modern experience and effective organization of work on labor protection.

The considered internship and testing of knowledge on labor protection can be carried out not only in relation to specialists, employees and junior service personnel, but also to managers.

A slightly different procedure for conducting an internship in labor protection should be in relation to management positions and specialists. The fact is that in this case the main goal is limited only by the practical development of modern experience and the effective organization of work on labor protection.

In the latter case, the conduct and organization of internships on labor protection falls on the shoulders of:

• superior manager;
• or another internship leader who is appointed by the training organizer by his decision.

Who and when passes

The current procedure for internships in labor protection says that it is carried out:

• upon hiring a new employee;
• when transferring to another place within the enterprise with a change in position and / or performed labor function;
• to prepare for the possible replacement of a permanent employee for the period of absence due to illness, vacation, business trip.

This is the main contingent of those who undergo an internship in labor protection. At the same time, GOST 12.0.004-2015 does not clearly define those persons who must undergo an internship in labor protection.

Who conducts

As a general rule, the obligation to conduct an internship in labor protection - that is, training in order to master safe methods and techniques for performing work - lies:

• on the head of the relevant work;
• industrial training instructor;
• worker with great experience.

In doing so, it is important that any leader of an occupational safety and health internship should:

• undergo appropriate training as an occupational safety instructor;
• have good practical experience;
• possess the necessary qualities for organizing and conducting an internship on labor protection issues.

Timing

The law defines the approximate period of internship in labor protection. It is:

Internship term
Personnel type	Duration
Working professions and junior service personnel who have the qualifications that meet the requirements for the safe performance of the assigned work	The terms are determined by the position on the internship in labor protection. Duration: from 3 to 19 working shifts.
Working professions without experience and relevant qualifications for which vocational training is provided	The terms are determined by the model of the internship program for labor protection approved at the enterprise. Duration: from 1 to 6 months.
Management and specialists	The duration of the internship is determined by the decision of the employer. From 2 weeks to 1 month, including: education; preparation; work experience.

Order of conduct

If we talk about the internship of management and specialists, then its organizer does the following:

1	Draws up an internship program (regulations on conducting an internship in labor protection), in which he prescribes, taking into account the education, training and experience of the trainee: its specific tasks; · Timing.
2	After issuing an order for an internship on labor protection, he introduces the probationer: With department personnel; their working conditions; internal labor regulations; the main tasks of the unit; labor protection requirements in the performance of these tasks.
3	Then acquaint the trainee with the package of documents necessary for work. Namely: job description; regulation on the department/service; internal standards and regulations; internal acts on labor protection and production safety.
4	Monitors and controls the execution of the tasks assigned to him by the trainee, and also directs his actions in the right direction.
5	Prepares a review of the internship

To understand why the internship was invented, you need to look into the regulations governing this process.
The obligation to conduct an internship is assigned to the employer by law. The employee must be trained in safe working methods, instructed and trained at the workplace (part two of article 212 of the Labor Code of the Russian Federation).

The need for the employer to conduct an internship at the workplace for employees entering work with harmful and dangerous working conditions is stated in the third part of Article 225 of the Labor Code. The same requirement is more detailed in clause 2.2.2 of the Procedure for training on labor protection and testing knowledge of labor protection requirements for employees of organizations.

To this it must be added that Rostekhnadzor approved

Regulation on the organization of training and checking the knowledge of workers' organizations supervised by the Federal Service on environmental, technological and nuclear supervision. Thus, they are expected to reduce the risk of employees getting injured or occupational diseases.

It should be noted that briefings and similar in purpose. Both procedures are designed to give the employee an understanding of how to safely perform their duties. And both are carried out before work begins.

However, there is also significant differences. First of all, it is duration. If the briefing can be carried out within a few minutes, then the internship takes at least two work shifts. The specific duration depends on the profession and does not exceed 14 shifts.

The briefing, as a rule, is a theoretical course of the algorithm of the employee's actions, sometimes with a demonstration of practical examples. An internship is the performance by an employee of his duties under the supervision of a mentor, temporary labor activity to gain work experience or improve skills in a specialty.

How to do an internship

Like any type of safety briefing, the internship must be properly designed. This is necessary for a number of reasons. Firstly, so that the inspectors could not punish the employer for not training their employees, and secondly, so that the employee himself could not make claims if he received an injury or illness due to his negligence.

The minimum required list Documents for applying for an internship look like this:
position on internship;
internship program;
internship order;
order for admission to independent work.

Primarily need to issue Regulations on the internship. The process of developing this document must be approached very seriously and scrupulously. After all, he describes in detail the rights and obligations of the trainee and mentor, the terms and procedure for the internship, responsibility and other features associated with the internship.

As an example, for building a document and filling it out, you can take RD-200-RSFSR-12-0071-86-12 “Guiding Document. Regulations on the improvement of professional skills and training of drivers.

As a rule, the first two sections of the document contain general provisions, goals and objectives of the internship.
In the following sections, it is necessary to fix the procedure for passing an internship and admitting an employee to work, the procedure for an internship for certain professions (categories of employees).

Regulations on the internship (extract)

It should be noted that for enterprises not controlled by Rostekhnadzor, the requirements for organizing internships and allowing an employee to work independently may be slightly different, but the algorithm will remain the same.

There are some features of internships and admission to independent work of electrical personnel. This issue also needs to be covered in the Regulations.

Approximate content The provisions might look like this:

1. Introductory provisions.
2. Goals.
3. Tasks.
4. Scope.
5. Period of validity and procedure for making changes.
6. Terms and definitions.
7. Designations and abbreviations.
8. The order of internship and admission to independent work.
9. Features of the training of electrical personnel.
10. Links.
11. Applications.

Internship Program determines the order and time internships in a particular profession, typical actions that an employee should learn, the amount of theoretical knowledge that he should receive, the procedure for conducting control checks during the internship, etc.
Before a specific employee is sent for an internship, an order must be issued. Its form is not legally approved, so each employer can use his own version.

The order indicates the grounds for the internship and its duration, lists the employees who must undergo an internship and their mentors.

An example of an order for an internship:

The results of the internship are recorded in the journal of briefings at the workplace.

The internship ends with an exam. Only after that the employee can be allowed to work independently. Permission is issued by order.

If the employee could not pass the exam, he is not allowed to work, which is also issued by order.

Is it possible to not do an internship?

An internship is obligatory only for workers employed in harmful and dangerous working conditions, as well as in cases where this requirement is established by separate regulations. For example, for drivers who carry passengers or work at hazardous production facilities. Here you can not do without an internship. If the employer does not conduct it, he risks being fined from 30 000 before 50 000 rubles. For heads of organizations, the fine will be less - from 1000 before 5000 rubles (part 1, article 5.27 of the Code of Administrative Offenses of the Russian Federation).

From January 1, 2015, the punishment for violation of labor laws will increase significantly. So, for admission to work without the necessary training in labor protection (and an internship is one of the types of training), the head of the organization and the private entrepreneur will face a fine in the amount of 15 000 before 25 000 rubles, for an organization - from 110 000 before 130 000 rubles (part 3, article 5.27.1 of the Code of Administrative Offenses of the Russian Federation). There is something to think about.

If there is no harmful or dangerous production at the enterprise, then the organization of an internship is an internal affair of the employer.

Questions:

Is it necessary to have an internship as a janitor?

In our housing office, a special assessment of working conditions is carried out. If harmful conditions are established for the janitors, will they need to be trained?
Olga VOROTOVA, chief engineer (Irkutsk)

No matter how strange it may sound, but if you follow the letter of the law, you will have to do an internship.

Arrange two shifts of internship for the janitors. This will be enough to master the methods of work.

Do you need a briefing if you still have an internship?

Is it necessary to conduct a safety briefing at the workplace before the internship, if the internship still covers the entire scope of training in the safe performance of work?
Viktor GAVRILOV, labor protection engineer (Saransk)

Yes need. Briefing must be carried out before starting work. Its purpose is to warn the worker of the dangers that he may encounter during work. And an internship is the fulfillment of one's duties under the supervision of a mentor, that is, it is already work.
In the briefing log at the workplace, first make a note about the briefing, and then about the internship.

Do I need to get a license to conduct an internship?

A license is required to conduct occupational health and safety training. Do I need to get it for an internship? What if the employees are on an internship with the employer?
Valery NAYMUSHIN, labor protection specialist (Perm)

No, you don't need to get a license. The fact is that the organization does not need a license to train its employees by the forces of the organization. It is necessary only for those organizations that specialize in training third-party workers. Therefore, despite the fact that the internship is part of the training in labor protection, the employer does not need a license for this.

The most necessary regulations

Document	Will help you
Part two of Art. 212, part three of Art. 225 of the Labor Code of the Russian Federation	Recall in which cases the employer is obliged to conduct internships for employees
Part 1 Art. 5.27, part 3 of Art. 5.27.1 Administrative Code of the Russian Federation	Clarify what penalty is provided if you do not conduct an internship
Decree of the Ministry of Labor of Russia and the Ministry of Education of Russia dated January 13, 2003 No. 1/29	Find out when to train blue-collar workers
Order of Rostekhnadzor dated January 29, 2007 No. 37	Find out in what cases they conduct internships in organizations controlled by Rostekhnadzor
Clause 7.2.4 GOST 12.0.004-90	Specify the duration of the internship
RD-200-RSFSR-12-0071-86-12	Find out how an internship is organized (using the example of drivers)

Based on labor legislation, some categories of workers are required to undergo training in safe ways and methods of work, and after it, an internship directly at the workplace, as well as passing exams. In the article, we will consider what is the duration of an internship in the workplace.

Internship

According to the Labor Code (225 of the Labor Code of the Russian Federation), employers are obliged to take the following measures in relation to employees who will work in hazardous (harmful) working conditions:

• training in safe methods and ways of working;
• Internship individually for each employee directly at the workplace;
• Carry out activities for employees to pass the exam based on the results of training and internships.

Works that can be classified as harmful (dangerous) are contained in the List of the Order of the Ministry of Health and Social Development No. 302N. This list indicates work carried out at height, or in electrical installations, or in the territory of special geographical regions, explosive or fire hazardous work, emergency rescue or fire services, as well as underground, underwater work, etc.

All issues related to training, as well as internships for employees entering such working conditions, are regulated by the Decree of the Ministry of Labor and the Ministry of Education of the Russian Federation No. 1/29 dated 13.01.2003.

briefing

Internship and briefing are, in a sense, two similar activities. Employers are required to conduct them before starting work, but their main differences are as follows:

• An internship usually lasts a long time, for example, more than one working day, or several shifts, and the briefing is carried out several hours before work;
• During the briefing, the employee is read a theoretical course on the safe performance of work, giving practical examples. During the internship, the employee himself, under the guidance of a mentor, practices with the aim of fulfilling his duties in the future with the study of safe ways to use them;

Important! It is impossible to replace the internship of an employee at his workplace with instruction.

When is the internship

In mandatory cases, an internship is required for managers, specialists, workers and junior service employees in the following situations:

• When applying for a job;
• When transferring to another place of work within the company - the employer in cases where a change in the position or nature of the work performed by them is required;
• If it is necessary to replace the main employee during his temporary absence (for example, in case of illness, business trip or vacation);
• If necessary, gain practical experience for the organization of labor protection.

Length of internship in the workplace

Important! The duration of each type of internship is determined by the head of the organization, or the direct division in which the employee will subsequently work.

The order of the internship

Depending on for whom an individual internship is carried out, mentors are also distinguished. For workers of working specialties, the internship is carried out by its supervisor, or an instructor of special industrial training, or another employee who has sufficient work experience, as well as who has been trained as an occupational safety instructor. For specialists or heads of departments, the internship is carried out either by a higher specialist or by a manager appointed by the decision of the employer.

Important! The entire internship process is strictly regulated. It is not only the training itself, but also summing up the results of the internship, by passing the exam under the control of a special commission.

Employer's responsibility

Each employer, before allowing an employee to work under harmful or dangerous working conditions, must conduct an internship at the workplace. If he does not do this, he neglects his obligation to train employees in safe working methods (225 of the Labor Code of the Russian Federation). In this case, the employer faces administrative liability in the form of a fine (5.27 of the Code of Administrative Offenses). The fine is imposed by the state labor inspectorate. The penalty will be as follows:

• 15,000 - 25,000 rubles - for an official (for example, the head of a company);
• 110,000 - 130,000 rubles - for the organization. At the same time, a fine is imposed on each employee admitted to work without an appropriate internship.

Employer, fixed at the legislative level. But there is very little information in the law itself on how such procedures should be carried out and how long the internship lasts. Therefore, it is worth understanding this phenomenon in more detail.

Why do you need an internship at the enterprise

In this case, it is worth using articles 225, 212 of the Labor Code of the Russian Federation as a support. They say that the main purpose of an internship is to provide the necessary knowledge and skills to a new employee. His training should be organized by an experienced mentor. This is especially important when ensuring compliance with labor safety standards.

Internship is often confused with one of the following:

1. Passage of student practice.
2. Probation.
3. Discipleship.

An order for an internship is issued immediately after the same document announcing employment. The test time itself is included in the main experience.

In the timesheets and work schedules, the time of internships should be reflected separately. Payment also becomes a requirement. The amount of remuneration is described in the initial agreements.

An internship can also be called one of the forms of fulfilling the requirements regarding labor protection and safety. More difficult working conditions lead to the fact that the responsibility for the result becomes higher. And the internship becomes more necessary.

An internship is required for some professions if they are related to:

• serving people in areas like catering, education, medicine;
• processing of hazardous objects, substances;
• the use of complex equipment, the use of complex production processes;
• service to people in which vehicles are used.

Internship: the right design

The organization must have a certain set of internal documentation so that the regulatory authorities have as few questions as possible:

1. Regulations on internships. The general procedure for appointing and passing tests, setting the results - these are the issues this provision is devoted to. It also determines the period that the test lasts.
2. Internship program. It describes in detail the specific activities for a particular company that are included in the internship. The deadlines and responsible persons are described.
3. Internship notice. Must be issued separately for each employee who passes the corresponding period.
4. Order for admission to independent work. This document is issued if the result of the internship was positive. And if all the knowledge and skills of the employee meet the requirements of the management.

The Regulations should provide for the following items:

• equipment requirements, if applicable;
• verification, registration of test results;
• description of responsible persons together with criteria for responsibility;
• goals, procedure for conducting control measures;
• features of internships for employees of certain categories;
• the procedure for admission to work after completion of the test;
• goals, order of the event;
• requirements for skill, professional skills;
• general provisions (this part is also called introductory).

Features for different categories of employees

Features of internships in different professions

For some, the duration of the tests is prescribed only in regulatory documents. For example, you can't do without it:

• drivers of passenger transport;
• arbitration manager;
• notaries, lawyers, lawyers of various fields.

"Fundamentals of legislation on notaries" defines an internship for notaries. For example, the test can take a whole year when it comes to professionals planning to obtain a license to carry out official activities. Only the decision of the Ministry of Justice together with the Federal Notary's Office can change this indicator down.

From 1 to 2 years can take an internship in the bar. Otherwise, it will be impossible to acquire the official status of a lawyer.

If it is necessary to join a self-regulatory organization, then the organization itself sets the duration of the internship, individually. The minimum term is two years. At the same time, internal documents can change the time upwards.

The requirements of industry legislation govern the rules for drivers of passenger transport. In this case, the internship can be from 1 day to 1 month. It all depends on the transport and the complexity of managing it.

The specifics of the company's activities and the characteristics of specific employees - these are the factors that determine how long this or that internship will last. Standard terms are from 2 to 14 working days or full shifts.

Training can take longer when it comes to creating a safe working environment. The more complex and responsible work is required, the more time it takes to test.

There are also external statutes and industry regulations that may regulate specifics for specific areas of activity. In other cases, employers themselves can decide how long this test has.

Exemption from an internship: is it permissible?

Article 212 of the Labor Code, which initially established the need to undergo an internship, does not provide for any exceptions to the rules. But the legislation provides only general formulations, because of which it is necessary to look for additional supports in the form of sectoral regulations, subordinate documents.

In one form or another, an internship is mandatory for all employees newly hired for a particular position. This is especially true for industries with dangerous or harmful working conditions.

But an analysis of existing standards allows us to single out and which can still count on exemption:

1. Those who have at least 3 years of experience in the specialty. And people moving from one workshop to another, whose nature of work and type of equipment remain approximately the same. At the same time, the management itself must decide on the exemption from the internship.
2. Lawyers who want to become barristers have at least two years of experience and plan to become licensed.

What about paying for internships?

How are internships paid?

When applying for an internship, it is important to ensure that relations with subordinates are formalized using one of the following types of contracts:

• perpetual ;
• urgent labor type of agreements;
• civil law (for example, it is allowed to draw up a contract).

The document must separately prescribe the conditions associated with payment. The latter must be present in any case, at least in the minimum amount. The exception to the rule is only students who are sent to work by the educational institution.

Drawing up a plan, types of internship

There is no clear regulation for the preparation of an internship. All important points are indicated in the internal documentation of a legal entity or enterprise. Large organizations often develop this document in advance, making the plan suitable for employees of various categories and levels at the same time.

But often the program requires taking into account the individual characteristics of a particular citizen. Then the document should be drawn up with the participation of the trainee and the manager at the same time.

Supervision of the curator is obligatory during the internship, as well as fixing the passage of this procedure in a special journal. When the introductory course ends, special examinations are allowed.

Internships are of two main types:

1. General. One of the most important types of practice in the workplace. It consists in the fact that managers describe the basic rules, norms of labor protection, safety. Based on the results of the examination, an exam is prescribed, the main purpose of which is to check how knowledge was previously acquired.
2. Special. Such an internship is more often necessary for representatives of technical, “complex” specialties. Here they already talk about the immediate responsibilities of each individual employee. Describes the rules for the use of technology, all the necessary equipment.

But from the briefing at the workplace after the completion of the test, you can refuse. It is usually done before the introductory practice begins.

After listening to the instructions, the employee signs in a special journal, confirming his familiarity with the rules and requirements. If the test is passed successfully, then the head can independently draw up and sign an order that concerns admission to independent work.

An internship is an opportunity for employees to acquire the necessary skills and knowledge. Moreover, for them there is at least an approximate picture of what working conditions are created at a particular enterprise.

And the employer will be able to make sure that the new person is able to cope with his duties in a new place. And that the requirements of both internal and external standards will be met.

See this video about canceling an internship at work:

Question form, write your