Standard contract for an employee's internship. Sample internship agreement for an employee

An intern on your team? How to arrange labor Relations with an intern, explains HR expert Valentina Mitrofanova.

Employment contract: fixed-term or indefinite?
An intern is only called an intern - in fact, it is necessary to conclude with him labor contract like with any employee. Such an employment contract can be both fixed-term and indefinite.

As you know, an open-ended contract is concluded for not certain period. In the Russian personnel office work most often, it is an open-ended contract that is used, since the conclusion of an employment contract for a certain period must be based on the grounds provided for in Article 59 of the Labor Code of the Russian Federation. If they are not, then the employer, concluding fixed-term employment contracts, bears significant risks, including recognition of such contracts as open-ended, as well as bringing to administrative responsibility in accordance with Article 5.27 of the Code of Administrative Offenses of the Russian Federation.

However, an internship is exactly the case when both an open-ended and fixed-term employment contract will be lawful.

In accordance with Article 59 of the Labor Code of the Russian Federation, in order to perform work directly related to internships and vocational training, it is allowed to conclude a fixed-term employment contract with an employee. The contract is concluded for a certain period with just such a rationale for urgency: "performance of work directly related to the internship and vocational training of the employee." At the same time, the period of validity of the employment contract is determined on the basis of specific terms specified, for example, in the internship program. When the internship ends, the employment contract with the employee is terminated on the grounds provided for in paragraph 2 of Article 77 of the Labor Code of the Russian Federation - the expiration of the employment contract.

A fixed-term employment contract is also convenient and expedient, for example, when performing temporary work for a period of up to two months, seasonal work or while performing the duties of a temporarily absent employee. In addition, in some cases, when concluding a fixed-term employment contract, it is not established probation(for example, if the term of the contract is less than 2 months).

Employment book: should an intern make an entry?
If the intern has worked for you for more than 5 days, you, in accordance with the current legislation, must make an appropriate entry in his work book, regardless of the duration of the employment contract. These are the requirements of Article 66 of the Labor Code of the Russian Federation.

When the internship is over...
As you know, interns behave differently at work: while some perform their first labor feat, others sit in social networks. Based on the results of the internship, the employer usually decides whether such an employee will be useful to the company.

Suppose you decide not to part with an intelligent student. In this case, they often talk about “transfer to the state”, but this is not entirely correct, because the intern is already staff member from the date of the conclusion of the employment contract. The employer simply signs an additional agreement with the employee on recognizing the contract as open-ended. In this case, it is not necessary to make any additional entries in the work book, since the validity period of the employment contract is not displayed there. But it is impossible to conclude a new fixed-term employment contract, since there is no justification for urgency - the internship is completed.

What if you decide not only to continue cooperation with the intern, but also to transfer him to another position? IN additional agreement, in addition to recognizing the employment contract as open-ended, it is necessary to indicate the new position of the employee. IN work book a record is made of the transfer of an employee from one position to another, indicating the reason for such a transfer.

There is also the opposite situation: the results of the internship are recognized as unsatisfactory. In this case, the employment contract is simply terminated on the basis of the expiration of its term - in accordance with clause 2 of part 1 of article 77 of the Labor Code of the Russian Federation.

The form of the document "Internship Agreement" refers to the heading "". Save a link to the document in in social networks or download it to your computer.

AGREEMENT No. __ dated "__" ____________
internships
G. _________ "___"_________________
Individual entrepreneur _______________________________, hereinafter referred to as the "Employer", and ______________________________________________, hereinafter referred to as __ "Trainee", together referred to as the "Parties", have concluded this Agreement as follows:
1. The Subject of the Agreement
1.1. This agreement governs the relationship between the Employer and the Intern related to the training of the latter in the profession of Jurisprudence in the form of individual training.
1.2. This contract is not an employment contract, does not regulate labor relations, but only accompanies training activities.
2. Rights and Obligations of the parties
2.1. The trainee has the right:
2.1.1. When undergoing training, get acquainted with the working conditions in the organization, regulations governing this area, labor protection rules, etc.
2.1.2. Require the Employer to create the proper conditions necessary for the training.
2.2. The trainee undertakes:
2.2.1. Complete training for a position offered by the Employer.
2.2.2. Be conscientious about training, follow the rules of the internal work schedule take care of the property of the Employer.
2.2.3. To study and comply with the requirements of safety measures during the internship.
2.3. The employer has the right:
2.3.1. Demand from the Intern conscientious performance of obligations under this Agreement.
2.3.2. Reward the trainee for a conscientious attitude to learning and efficient labor while doing industrial practice.
2.4. The employer is obliged:
2.4.1. Accurately comply with the terms of this Agreement.
2.4.2. Provide the Trainee with the opportunity to study in accordance with this Agreement, provide the Trainee with the means, materials and equipment that are necessary for the performance of the terms of this Agreement.
3. Duration of the contract
3.1. This Agreement shall enter into force on ________________ and is valid for one month from the date of signing.
3.2. The validity of this Agreement is extended for the duration of the trainee's illness, military training, and in other cases provided for by laws and other regulatory legal acts.
4. Change, addition and termination of the contract
4.1. During the validity period, this Agreement may be changed only by agreement of the parties.
4.2. Amendments and additions to this Agreement, drawn up in writing and signed by the parties, are an integral part of this Agreement.
4.3. This Agreement may be terminated unilaterally by decision of the Employer or Trainee. At the same time, the party initiating the termination of the Agreement shall notify the other party at least 3 days before the termination of the Agreement.
5. Final provisions
5.1. Disputes and disagreements arising from the implementation of this Agreement, the parties undertake to resolve through negotiations. If a mutually acceptable solution is not reached - in the manner prescribed by applicable law.
5.2. This Agreement is made in two copies: one for each of the parties, and both copies have equal legal force.
5.3. All information received by the Intern during the internship is a trade secret of the Employer. For disclosure trade secret The employer's trainee is responsible in accordance with applicable law.
Addresses, details and signatures of the parties
Employer:
Intern:

_____________________ /
_____________________ /
"____"_________________ G.
"____"__________________ G.

It is no secret that office work has a negative impact on both the physical and mental state of the employee. There are quite a lot of facts confirming both.
At work, each person spends a significant part of his life, so it is very important not only what he does, but also who he has to communicate with.
Gossip in the work team is quite commonplace, and not only among women, as is commonly believed.

The employer on the one hand and the trainee on the other hand have entered into this contract. The contract governs the relationship between the employer and the trainee related to the training of the latter in the profession of Jurisprudence in the form of individual training.

AGREEMENT No. __ dated "__" ____________
internships
G. _________ "___"_________________
Individual Entrepreneur _______________________________, hereinafter referred to as the "Employer", and ______________________________________________, hereinafter referred to as __ "Trainee", together referred to as the "Parties", have concluded this Agreement as follows:
1. The Subject of the Agreement
1.1. This agreement governs the relationship between the Employer and the Intern related to the training of the latter in the profession of Jurisprudence in the form of individual training.
1.2. This contract is not an employment contract, does not regulate labor relations, but only accompanies training activities.
2. Rights and Obligations of the parties
2.1. The trainee has the right:
2.1.1. When undergoing training, get acquainted with the working conditions in the organization, regulations governing this area, labor protection rules, etc.
2.1.2. Require the Employer to create the proper conditions necessary for the training.
2.2. The trainee undertakes:
2.2.1. Complete training for a position offered by the Employer.
2.2.2. Be conscientious about training, comply with the internal labor regulations, take care of the property of the Employer.
2.2.3. To study and comply with the requirements of safety measures during the internship.
2.3. The employer has the right:
2.3.1. Demand from the Intern conscientious performance of obligations under this Agreement.
2.3.2. Encourage the trainee for a conscientious attitude to learning and effective work in the implementation of industrial practice.
2.4. The employer is obliged:
2.4.1. Accurately comply with the terms of this Agreement.
2.4.2. Provide the Trainee with the opportunity to study in accordance with this Agreement, provide the Trainee with the means, materials and equipment that are necessary for the performance of the terms of this Agreement.
3. Duration of the contract
3.1. This Agreement shall enter into force on ________________ and is valid for one month from the date of signing.
3.2. The validity of this Agreement is extended for the duration of the trainee's illness, military training, and in other cases provided for by laws and other regulatory legal acts.
4. Change, addition and termination of the contract
4.1. During the validity period, this Agreement may be changed only by agreement of the parties.
4.2. Amendments and additions to this Agreement, drawn up in writing and signed by the parties, are an integral part of this Agreement.
4.3. This Agreement may be terminated unilaterally by decision of the Employer or Trainee. At the same time, the party initiating the termination of the Agreement shall notify the other party at least 3 days before the termination of the Agreement.
5. Final provisions
5.1. Disputes and disagreements arising from the implementation of this Agreement, the parties undertake to resolve through negotiations. If a mutually acceptable solution is not reached - in the manner prescribed by applicable law.
5.2. This Agreement is made in two copies: one for each of the parties, and both copies have equal legal force.
5.3. All information received by the Intern during the internship is a trade secret of the Employer. For the disclosure of trade secrets of the Employer, the trainee is responsible in accordance with applicable law.
Addresses, details and signatures of the parties
Employer:
Intern:

_____________________ /
_____________________ /
"____"_________________ G.
"____"__________________ G.

The Labor Code does not define what constitutes an internship and who such 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 internships for civil servants of the Russian Federation, approved by Decree of the Government of the Russian Federation of 06.05.2008 N 362), it can be understood that an internship is both obtaining theoretical knowledge in a specific position (profession, specialty), and consolidating the received theoretical knowledge in practice (at work).

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. So, a fixed-term employment contract is concluded for the performance of work directly related to practice, vocational training or additional vocational education in the form of an internship.

With regard to certain categories of workers, the legislation directly uses the term "trainee, internship":

trainee lawyer, is hired under the terms of an employment contract concluded with a lawyer's education (Article 28 of the Federal Law of May 31, 2002 N 63-FZ "On advocacy and advocacy in Russian Federation»);
training of drivers of certain categories is carried out (section 3 of the Regulation on professional development and training of 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 passing an internship by persons applying for the position of a notary, approved by Order of the Ministry of Justice of the Russian Federation of 06.21.2000 N 179 and the Decision of the Board of the Federal Notary Chamber of 05.26.2000);
assistants of arbitration insolvency practitioners undergo internships (clause 1 of the Rules for conducting an internship as an assistant arbitration insolvency practitioner, approved by Decree of the Government of the Russian Federation of 09.07.2003 N 414);
training of medical and pharmaceutical workers takes place, including in the form of an 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 of 03.08.2012 N 66n).
the internship mechanism is also used by the employment authorities to gain work experience for unemployed citizens (Law of the Russian Federation "On Employment in the Russian Federation" 19.04.1991 N 1032-1).

But they can also be hired as interns in other legal situations:
Employment under a fixed-term employment contract (for the position of an intern or for another position) to perform work related to vocational education in the form of an internship;
The conclusion of a student employment contract for training for education on the job;
Industrial practice of students when concluding an agreement between a training organization and a company that is ready to accept an intern.

Admission to perform work related to vocational education in the form of an internship

Art. 59 of the Labor Code of the Russian Federation allows the conclusion of a fixed-term employment contract with employees if their work is related to training in the form of an internship. Since in this case the conclusion of an employment contract is envisaged, it must comply with the requirements for an employment contract, Art. 57 of the Labor Code of the Russian Federation.

At the same time, labor legislation does not oblige to accept exactly for the position of "trainee", therefore, the employee can be accepted for another position provided for by the company's staffing table.

But for the conclusion fixed-term contract the employer must ensure that the work for which the employee is hired is directly related to his internship and vocational training.

The employment contract indicates not only the position (type of work), but also emphasizes that the work assigned to the employee is aimed at obtaining the necessary practical professional skills and abilities.

In addition, in the employment contract with the trainee, it is necessary to fix the period of its validity, which must correspond to the duration of the internship. Possible term the internship is not fixed by law (except for certain categories of workers indicated above), therefore, the employer and the employee have the right, by agreement, to determine the duration of the internship and, consequently, the term of the employment contract.

At the same time, it should be borne in mind that an internship can hardly last for many years, therefore, an internship period of 3-4 years may raise doubts with the court and inspection bodies if an employee applies to them.

Of course, work under this employment contract must be paid in amounts not less than minimum size wages.

Concluding an apprenticeship contract with a job seeker

Art. 198 of the Labor Code of the Russian Federation provides for the possibility of concluding a student agreement with an employee. Therefore, the organization may offer you not a job, but study with subsequent work in this company.

In this case, the student agreement must contain:

names of the parties;
an indication of the specific qualification acquired by the student;
the obligation of the employer to provide the employee with training opportunities;
the obligation of the employee to undergo training and work under an employment contract with the employer for a specified period;
period of apprenticeship;
the amount of payment during the period of apprenticeship.

Art. 199 of the Labor Code of the Russian Federation indicates that the student agreement must indicate a specific qualification.

The student agreement is concluded for the period necessary to obtain this qualification in writing in 2 copies (Article 200 of the Labor Code of the Russian Federation).

Pupils during the period of apprenticeship are paid a scholarship, its size must be indicated by the parties in the student agreement, and it cannot be lower than the established federal law the minimum wage (Article 204 of the Labor Code of the Russian Federation).

In accordance with the received document on qualifications, the employer makes an entry in the work book of the employee about the profession, specialty, qualification he received (clause 3.1 of the Instructions for filling out work books, approved by Decree of the Ministry of Labor of Russia dated 10.10.2003 N 69).

Thus, during the period of study, you do not receive a salary, but receive a scholarship and payment for the specific work done.

Industrial practice of students

At the base of Art. 227 of the Labor Code of the Russian Federation, persons participating in the production activities of the employer, in addition to employees performing their duties under an employment contract, include students undergoing industrial practice.

Industrial practice is carried out in organizations on the basis of contracts concluded between educational organization and organizations (clause 11 of the Regulations on the practice of students, approved by order of the Ministry of Education and Science of Russia dated April 18, 2013 No. 291 (hereinafter - "Regulation" 291), clause 8 of the Regulations approved by Order of the Ministry of Education of Russia dated March 25, 2003 N 1154).

Industrial practice can take place without payment if the student only gets acquainted with production, but does not work professional activity. In this case, there is no need to conclude an employment contract.

If the student directly performs work at the workplace, then a fixed-term employment contract should be concluded with him (Article 59 of the Labor Code of the Russian Federation, as an agreement related to practice) with an appropriate payment not lower than the minimum wage (clause 15 of Regulation No. 291). However, at the same time, the obligation of the employer to conclude employment contracts with students undergoing industrial practice, labor law not provided (Determination of the Supreme Court of the Russian Federation of 03.10.2008 N 89-B08-6).

That is, if you got a job only for an internship, then your presence at the enterprise is connected only with acquaintance with the work and may not be paid.

Thus, the internship is regulated by law only in relation to employees of certain industries. In other cases, the execution of an internship depends on the agreement of the parties.
An internship can be framed by a fixed-term employment contract or an apprenticeship contract. In addition, a student can be trained as part of an internship, both with and without an employment contract.

Students often face such situations when the employer offers an employment contract with an intern, the sample filling has some features. This is a completely natural phenomenon, it is explained by the fact that the employer is interested in hiring a person who fully meets all the requirements for a potential employee. It would be at least irrational and unreasonable to take at once an inexperienced person who only yesterday was sitting on a student bench. In order to understand what an employee is, you need to look at whether he will cope with the tasks assigned to him.

Definition of an intern's employment contract

The trainee employment contract is a widespread practice that allows you to select the best personnel for teamwork and well-coordinated work. In order to document the relationship between the employee and the employer, it becomes necessary to draw up an employment contract special kind. The conclusion of an employment contract is not just documentary evidence, it is the fulfillment of a norm of the law, namely the Labor Code prescribes such a need.

According to the Labor Code, an internship is production activity, which must be formalized in a certain way and carried out in accordance with the prescribed conditions and requirements in the contract and the Code. The employer must understand that refusal to draw up the relevant document is a violation of the law and administrative liability may be provided for this.

A person during an internship at an enterprise can count on the following:

He must adhere to the regime established at the enterprise.
Obliged to comply with all requirements for labor protection, fire and other safety.
The young specialist should receive a salary.
He is covered by social security.

If an employment contract is drawn up with an intern, you need to pay attention to the sample of its filling.

A student, having received a diploma, draws up a resume and comes to the enterprise, there may be other similar ways and methods of starting cooperation.

Types of contracts and their distinctive features

If a potential employee is interested in the employer, then after the interview they conclude an agreement. They are of several types. The most common are:

urgent contract;
student agreement.

The main difference between them is the feature according to which a fixed-term contract is drawn up for a strictly allotted period. Upon completion of the internship, the intern is either transferred to the main place of work, or terminates the employment relationship with the enterprise.

Another point that allows you to distinguish between these two standard documents is that when drawing up a student contract, unlike an urgent one, you do not need to make entries in the trainee's work book.

Sequencing

A newly minted specialist must understand what to do after he has received his diploma. There are certain requirements and norms that should be considered when applying for a job. If we consider a fixed-term contract for the internship of an employee, then the sequence of operations will look like this:

interview;
registration of the trainee as a trainee at the enterprise (an entry is made in the work book, in the personal file of the trainee, an order is drawn up to admit him to the number of employees of the enterprise).

This procedure allows you to add an inexperienced specialist to the number of employees of the enterprise, this will lead to the fact that he will receive the right to receive earnings. The documents make the entry "accepted for the position of trainee." For a specialist sent on an independent voyage, it is also important that the internship period is included in the total length of service.

Is the internship paid?

Employers often deviate from the issuance of wages to an inexperienced employee, motivating everything by the fact that gaining experience at the enterprise is a good payment for his work. But in fact, everything is much more serious, since it is necessary for an intern to pay a salary, this is spelled out in Labor Code. Deviation from the implementation of the norms and requirements prescribed in the law leads to the fact that the employer may incur administrative responsibility.

Second, no less important is the issue of the salary for the trainee. What should it be? If the trainee is issued on an urgent basis or student agreement, then he is entitled to receive a salary in the amount established by law. Strict norms are not defined, however, the salary of the trainee must be no less than established on this moment minimal wage in the country.

Contract with an intern

When hiring a trainee, it is necessary to conclude an employment relationship with him. The main document in this case is an employment contract with a trainee or a contract.

It must be made in triplicate. The contract must be concluded in writing with the signatures of the parties. All relations between the parties are regulated at the legislative level, their features can be found in the laws on employment, wages, and the Labor Code.

The Labor Code contains all the information that is taken into account when drawing up a fixed-term contract with an intern. It is important that the contract with the trainee can only be such, since it necessarily indicates the terms of the internship, which cannot exceed 5 years. A feature of the contract is that it states the reason why the contract cannot have an indefinite period of validity. In this case, it's an internship.

The contract must specify the start date of this document and the end time. The document in question should also contain certain information that prescribes all the features of the work of a new employee at the enterprise:

subject of the contract - this paragraph specifies the obligations of the parties, both the employer and the trainee;
the period of validity of the contract with a strict indication of certain dates for the start and end of the practice;
features of payment for the internship, the procedure for receiving payment, as well as the amount of salary;
the conditions under which the work will be considered completed;
working conditions - where, at what address and in what working conditions the employee will work;
the responsibility of the parties;
details of the parties.

The document specifies the conditions under which it may be terminated. In such a situation, the reason for the termination of the relationship must be indicated. This document may contain information about the trainee's insurance. This is a prerequisite for hiring an employee.

The document comes into force from the moment of its signing, it has legal force.

The trainee at the enterprise is allocated a supervisor, who can also receive an additional salary. He will be his immediate supervisor, his duties will include providing work to the trainee, checking its correctness and determining its necessity and significance in the enterprise. Upon completion of the internship, the trainee will be given recommendations, according to which he can be subsequently hired at this enterprise or outside it. Based on the results of the internship, the manager from the enterprise will have to determine whether it is possible to this employee transfer to the main place of work, whether he copes with the tasks assigned to him, or does it still make sense to extend the practice for the trainee to gain more experience.

Every specialist who does not have work experience is reluctantly accepted by employers, but among total number it is difficult for specialists to unambiguously weed out personnel that could become useful and could work smoothly and without errors. The internship is mandatory for yesterday's students, this is necessary in order to determine the level of their knowledge and skills. But at the same time, it is important to understand that the trainee is not a source of free labor, he has his own rights and obligations.