Postgraduate and PhD thesis. Target PhD

Hello! So after all, what is the difference between a regular graduate student and a targeted graduate student? Is the employer obliged or able to enter into a contractual relationship with the target?

Answer

The current labor legislation does not provide for the concept of a target postgraduate student. A similar term existed in Soviet time (Normative base: Excerpt from the Model Regulations on Continuous Professional and Economic Training of Personnel National economy, approved by the Decree of the USSR State Committee for Labor, the State Education of the USSR, the Secretariat of the All-Union Central Council of Trade Unions of June 15, 1988 N 369 / 92-14-147 / 20 / 18-22). It was understood as the direction of an employee to receive education in graduate school in the direction and at the expense of the employer. This is possible at present as well.

Consequently, the difference between an ordinary graduate student and a target one is that the former studies on his own initiative, and the latter on the initiative of the employer.

According to paragraph 2 of part 17 federal law dated December 29, 2012 N 273-FZ "On education in Russian Federation", education in educational institutions, including postgraduate studies, is carried out in full-time, part-time or for full-time.

The training of employees at the initiative of the employer in postgraduate studies (targeted postgraduate studies) can be carried out either without concluding a student agreement, or with the conclusion of a student agreement.

When studying full-time, with the execution of a student agreement, the employee is entitled to a scholarship at the expense of the employer, for the entire duration of the training.

If the employee enrolled in part-time education, then, regardless of the existence of a student agreement, it is necessary to be guided by the rules for granting study leave (Answer: In what cases is the organization obliged to pay the employee study leave).

In the case of the conclusion of a student agreement, payment for training in whole or in part is made at the expense of the employer. In addition, after graduation, the employee will have to work for a certain time with the employer. The duration of work after training must be fixed either in an employment contract or in an apprenticeship contract. If such a norm is fixed, and the employee quits before the expiration of the specified period, then the employer has the right to demand that the employee reimburse the costs of his training (Article 249 of the Labor Code of the Russian Federation)

Without the conclusion of a student agreement, the employee will not be obliged to reimburse the relevant funds.

You can find a detailed description of the procedure for concluding a student agreement in the appendix (Answer: How to conclude a student agreement).

Details in the materials of the System:

Answer: How to conclude a student agreement.

Parties to the student agreement

An organization can conclude two types of student agreement - for retraining a specialist and for professional education.

A contract for vocational training can be concluded both with employees who are on the staff of the organization, and with citizens, job seekers(applicants). The contract for retraining is concluded only with employees of the organization.

By general rule the time of study and work in the aggregate should not exceed 40 hours per week (Art. , Labor Code of the Russian Federation). However, there are exceptions to this rule. For example, the training and work time of an employee cannot exceed 35 hours if:

the age of the employee is from 16 to 18 years;

the student is a disabled person of group I or II.

If the student is not yet 16 years old, then the time of his study and work cannot be more than 24 hours a week. This is stated in article 92 Labor Code RF.

The procedure for concluding an agreement

A student agreement with an employee is additional to an employment contract ().

A student agreement is necessary to insure the organization against the risk of wasting funds. For example, after studying, the applicant will refuse to conclude an employment contract or staff member resigns without good reason, without having worked the time stipulated by the student agreement. In these cases, the student will be required to compensate the organization for the costs of his training (). If, after graduation, the employee works for the period specified in the student agreement, then he will not have to reimburse the costs of training (

The student agreement is concluded in writing in two copies. In it, be sure to indicate the specific profession, specialty, qualification that the student will acquire in the learning process. Further, in the contract, define the obligations of the parties. The administration of the organization must provide the student with the opportunity to learn. And the student is required to undergo such training.

In addition, indicate in the contract the period during which the student is obliged to work in the organization according to the received profession, specialty, qualification.

This procedure is provided for in the Labor Code of the Russian Federation.

The obligatory conditions of the apprenticeship agreement are also the period of study and the amount of payment during the period of apprenticeship. This is stated in the articles and the Labor Code of the Russian Federation.

A student agreement concluded with an applicant who is not an employee of an organization is not civil law, therefore, the norms of civil law do not apply to it. Such an agreement is also not recognized as a labor contract, despite the fact that the possibility of concluding it is provided for by labor legislation (Art. , Labor Code of the Russian Federation). A similar position is confirmed by the controlling departments (see letters,).

Length of study (161.59)

A student agreement is concluded for the period necessary for training in a given profession, specialty, qualification. Thus, the organization determines the training period for each case individually. This follows from the provisions of Article 200 of the Labor Code of the Russian Federation. If the student fell ill or underwent military training, then the validity of the student agreement is extended ().

Forms of study

Apprenticeship can be organized in different forms. For example, in the form of individual, team or course training. This is stated in the Labor Code of the Russian Federation. Training can take place in the form of attending seminars, trainings, attaching a mentor to the student from among experienced employees of the organization.

Apprenticeship payment

During the period of apprenticeship, applicants and staff are paid a stipend. Its size is determined by the student agreement and depends on the received profession, specialty, qualification. In this case, the scholarship cannot be less than 1. Such rules are established in Article 204 of the Labor Code of the Russian Federation.

The course of study may include practical training in the organization. This work must be paid separately at the established rates. This is stated in Article 204 of the Labor Code of the Russian Federation. The Labor Code of the Russian Federation does not specify in which document these rates should be set. Therefore, they can be prescribed in the student agreement.

If an employee studies on the job, then during the training he will receive a scholarship provided for by the student agreement, and for the time of work - a salary provided for employment contract proportional to the hours worked. The possibility of combining education and work on a part-time basis is directly provided for in Article 203 of the Labor Code of the Russian Federation.

Travel and overtime during apprenticeship

During the period of validity of the apprenticeship agreement, an employee cannot be attracted to and sent on a business trip not related to apprenticeship ().

Probation former student

If the applicant has successfully completed training under a student agreement and was hired, he cannot ().

Responsibility for violations

For violation of labor legislation in the process of organizing and conducting training, () is provided.

Inspectors of the State Labor Inspectorate can detect a violation of the law during an inspection of an organization or learn about it from an employee’s complaint.

Answer: In what cases the organization is obliged to pay the employee study leave.

The right to study leave

Paid study leave must be provided:

employees who master programs for the training of scientific and pedagogical personnel in graduate school (adjuncture), residency programs and assistantship-internships in in absentia learning();

employees who receive education in bachelor's, specialist's and master's programs in higher education organizations by correspondence, part-time learning();

employees who study in organizations of secondary vocational education (technical school, college, etc.) in part-time, part-time education ();

employees who study in general or secondary education organizations (schools, gymnasiums, etc.) ().

The employer is obliged to provide study leave to the specified employees, regardless of how long the employee has worked in the organization. Restrictions on the length of service giving the right to study leave are not established in the legislation.

Study leave is payable only if the following conditions are met simultaneously:

an employee receives an education of this level for the first time (or the organization sent an employee who already has an education of this level to training on the basis of an agreement concluded by it with an employee) ();

vacation is associated with passing exams or defending a diploma (, Labor Code of the Russian Federation);

the educational organization has state accreditation (, Labor Code of the Russian Federation).

The organization may grant study leave to employees who are studying at educational organizations without state accreditation. To do this, such a condition must be prescribed in the labor (collective) agreement (, Labor Code of the Russian Federation).

The success of training is determined by the educational institution where the employee is studying, in accordance with internal documents, in particular, the charter. Confirmation successful learning an employee for an employer is a certificate-call issued to an employee who combines work with education, and testifies to his admission to the next certification: intermediate or final (orders of the Ministry of Education of Russia and). The employer does not need to require any other documents to confirm the success of the training (for example, a certificate of no debt), as well as wait for the end of the current session to pay for the study leave.

The organization is not obliged to provide part-time employees with study leave. The right to study leave arises for employees only at their main place of work. This is stated in Article 287 of the Labor Code of the Russian Federation.

If an employee studies simultaneously in two educational institutions, paid leave is granted only in connection with studying in one of them at the employee's choice ().

Vacation duration

The duration of the study leave must be indicated in the certificate-call from educational institution. Standard forms of certificates are established by orders of the Ministry of Education of Russia and. The first of these forms is established for employees receiving higher education, the second - for those receiving the average professional education. Regulations approved,).

Vacation pay for an employee going on study leave must be paid three days before it starts. It does not, however, affect the duration of vacation pay. This conclusion follows from Article 136 of the Labor Code of the Russian Federation.

Nina Kovyazina, Deputy Director of the Department of Education and Human Resources of the Ministry of Health of Russia

Regulatory framework: Excerpt from the Model Regulations on continuous professional and economic training of personnel of the national economy, approved by the Decree of the USSR State Committee for Labor, the USSR State Education, the Secretariat of the All-Union Central Council of Trade Unions of June 15, 1988 N 369 / 92-14-147 / 20 / 18-22.

Education in the target postgraduate, doctoral studies

8. Education in the target postgraduate, doctoral studies on topics of interest to an organization or enterprise is intended to solve scientific problems and improve the level of scientific and pedagogical qualifications. It is carried out in the manner prescribed by the current legislation in the preparation of scientific personnel.

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Postgraduate studies, there is also an option when the company or enterprise where you work or the university (research institute) itself is interested in your education and is ready to pay for it. This form of payment for postgraduate studies is called "Targeted Graduate School" and payment is made by your current or future employer.

In many universities, targeted postgraduate studies have been introduced as a form of training highly qualified personnel for subsequent pedagogical and research work. Within the allocated quotas and under agreements with enterprises, graduates of the university and other universities recommended by the departments can study in the target postgraduate course. In the case of concluding an agreement with the university directly, the university determines the requirements for the applicant, for example, from those wishing to study in the target postgraduate study, experience in scientific and pedagogical work is required for at least 1 year or a publication based on the results of scientific research.

Targeted training of highly qualified scientific and scientific-pedagogical personnel is carried out on the basis of an agreement on targeted training (hereinafter referred to as the training agreement) between the employer, the graduate student and the university or between the graduate student and the university. Education is carried out on a full-time / part-time basis, with payment of the cost at the expense of the university or enterprise. Usually, in the event of the termination of the employment relationship of a postgraduate student with an employer who paid for his studies, postgraduate education services are subject to reimbursement in full.

The legal aspects of targeted postgraduate studies are regulated in accordance with the Civil Code of the Russian Federation, the charter of the university and Art. 56 of the Federal Law of December 29, 2012 N 273-FZ "On Education in the Russian Federation" (with amendments and additions):

Article 56 Targeted Admission Agreement and Targeted Training Agreement

1. Organizations implementing educational activities on educational programs higher education, have the right to conduct targeted admission within the limits set by them in accordance with Article 100 of this Federal Law of the target figures for the admission of citizens to study at the expense of budgetary appropriations federal budget, budgets of subjects of the Russian Federation and local budgets.

2. The target enrollment quota for higher education in the amount of target enrollment figures established for the next year for the admission of citizens to study at the expense of the budgetary allocations of the federal budget, the budgets of the constituent entities of the Russian Federation and local budgets for each level of higher education, each specialty and each area of training is annually established by the founders organizations carrying out educational activities on educational programs of higher education.

3. Target reception is carried out within the established quota on the basis of an agreement on targeted reception concluded by the relevant organization engaged in educational activities with a federal state body, a state authority of a constituent entity of the Russian Federation, a local government body, a state (municipal) institution, a unitary enterprise, a state corporation, a state company or a business entity that has concluded an agreement on targeted training with a citizen, in the authorized capital of which there is a share of the Russian Federation, a constituent entity of the Russian Federation or a municipality.

4. Citizens who have entered into an agreement on targeted education with the body or organization specified in paragraph 3 of this article and are admitted to target places through a competition held within the target admission quota in accordance with with the admission procedure established in accordance with Part 8 of Article 55 of this Federal Law.

5. The essential terms of the agreement on targeted acceptance are:
1) the obligations of the organization carrying out educational activities to organize targeted admission of a citizen who has concluded an agreement on targeted training;
2) the obligations of the body or organization specified in paragraph 3 of this article to organize educational and industrial practice a citizen who has entered into an agreement on targeted training.

6. The essential terms of the agreement on targeted training are:
1) measures social support provided to a citizen during the period of study by the body or organization specified in part 3 of this article and concluded an agreement on targeted training (these measures may include financial incentives, payment of paid educational services, provision for use and (or) payment for housing during the period of study and other measures of social support);
2) the obligations of the body or organization specified in paragraph 3 of this article, and the citizen, respectively, for the organization of educational, industrial and undergraduate practice a citizen, as well as his employment in the organization specified in the agreement on targeted training, in accordance with the qualifications received;
3) the grounds for the release of a citizen from the fulfillment of the employment obligation.

7. A citizen who has not fulfilled his employment obligations, with the exception of cases established by an agreement on targeted training, is obliged to fully reimburse the body or organization specified in part 3 of this article for the costs associated with providing him with social support measures, as well as pay a fine twice the amount of the specified costs. The body or organization specified in part 3 of this article, in case of failure to fulfill the obligation to employ a citizen, shall pay him compensation in the amount of twice the costs associated with the provision of social support measures to him.

8. The procedure for concluding and terminating an agreement on targeted admission and an agreement on targeted training, as well as their standard forms, are established by the Government of the Russian Federation.

9. Federal state bodies, state authorities of the constituent entities of the Russian Federation, local governments and organizations have the right to conclude agreements on targeted education with students in educational programs of secondary vocational or higher education, accepted for training not on the conditions of targeted admission.

10. Conclusion of an agreement on targeted training between a federal state body, a state authority of a constituent entity of the Russian Federation or a local government body and a citizen with the obligation of subsequent passing public service or municipal service after graduation is carried out in the manner prescribed by the legislation of the Russian Federation, the legislation on municipal service.

Excerpts from the new GOST on the design of text documents (not given), see "Unified system for design documentation. General requirements for text documents. GOST 2.105-95" (as amended on 06/22/2006) Dissertation preparation (Structure and formatting)

Forms of study

After receiving a diploma of higher education, some graduates choose by no means an easy, but interesting path - scientific activity. The Russian Federation has every opportunity for this. In many universities and scientific institutions there are postgraduate courses in various areas. Now you can study both for free and on a paid basis. The main goal of postgraduate study is to pass candidate exams, write and defend a dissertation for the academic title of candidate of science in a particular field.

Currently there are 3 forms of education:

Full-time postgraduate study - duration of study is 3 years. Off-the-job training. All full-time graduate students are paid a state scholarship
Correspondence postgraduate studies - duration of study is 4 years. On-the-job training
The application period is 5 years. Also without a break from production

For each form of training, it is necessary to perform academic plan, which includes passing the candidate's minimum - a set of 3 exams. The dissertation can be defended both after graduation and ahead of schedule.

In addition, there is such a thing as targeted postgraduate study, i.e. when a person is sent to graduate school by the institution in which he works. This option also includes the admission of university graduates on the recommendation of the faculty (department) from which he graduated. This is the preferred option.

To become a candidate of science, it is not necessary to enter the graduate school of any university. It is enough to have a higher education, that is, a diploma of completion of an accredited higher education educational institution, pass candidate exams, write a PhD thesis and defend it. In this case, the dissertation is defended as an applicant.

The concept is graduate school, in this case, rather, a symbol. You will not receive a graduation certificate here. The true document of graduation from graduate school is a dissertation successfully defended for degree candidate of sciences.

Entry exams

For admission to graduate school (full-time or part-time), it is necessary, first of all, to pass the entrance exams. But before that, you need to prepare and submit the following documents: (not given)

If you are applying to the target graduate school, an Application will be sent from the organization sending you.

After receiving the documents, you will be sent a Certificate.

Entrance exams include:

Philosophy
Foreign language
Specialty (everyone has their own)

If you have already passed candidate exams, they will be counted as entrance exams with the same grade.

When research becomes "scientific"

Sometimes, the applicant for a scientific degree is interested in the question - when does the non-scientific end and the scientific work? In other words, is it possible to consider what I am doing scientific work, and which in the future can be presented for defense as a dissertation. The reference point in answering this question is the presence in the work of new, reliable knowledge about reality from a certain branch of science. It alone transforms research activities in scientific dissertation research.

Let us name the main features that allow us to call knowledge scientific.

Scientific knowledge is confirmed by empirical tests, is able to explain the nature of processes and objects, the logic of their existence, does not contradict fundamental scientific disciplines and the methodology of science.
One of the distinguishing qualities of scientific knowledge is its consistency. Consistency is realized through the ability to classify the subject and object of research. Classification is a type of division of a generic concept on some basis into subordinate species concepts, which, after division, add up to the scope of the generic concept.
The next most significant feature of science is the desire to substantiate scientific knowledge.

Often, the fact of the birth of science is associated with the emergence of a desire to substantiate scientific knowledge. AT Ancient Greece Thales of Miletus (c. 624 - 548 BC) was the first to raise the question of the need to prove geometric statements and himself performed a number of such proofs, which served as a reason for historians of science to assert that this particular period can be called the date of birth of scientific research of mankind.

Any new knowledge, both empirical and theoretical, is subject to justification. The desire to justify scientific knowledge, bringing them into a coherent system, revealing scientific achievement for competent criticism makes science a model of rationality. A scientist, putting forward a scientific assumption (hypothesis), thinks about the possibility of its refutation, which expresses the critical spirit of science. If bold ideas, at the same time, are confirmed by experience, then they become especially valuable. It is they who are capable of expanding the field of science, allowing them to set new tasks and new scientific problems that advance scientific knowledge to new heights.

Scientific research excludes all subjective associated with the personality of the scientist and his worldview. In art, on the contrary, the work of the artist is organically connected with the author. If not for the great masters Leo Tolstoy and Ludwig Beethoven, we would not be able to satisfy our aesthetic interests with "War and Peace" or "Moonlight Sonata".

In science, the situation is fundamentally different. Although we know that it is not uncommon for laws, principles, and theories to be named after individual scientists, it is clear that if it were not for Newton, Darwin, or Einstein, then the theories that we associate with their names would still be created. They would appear because they represent a necessary stage in the development of science. Numerous facts in the history of science confirm that different scientists independently come to the same ideas in the most diverse fields of science. N.I. Lobachevsky, F. Gauss, and several lesser-known mathematicians almost simultaneously arrived at the same fundamental results. C. Darwin and Wallace spoke at a meeting of the Linnean Society in 1858 with matching results on the evolution of species. A. Einstein outlined the principles of the special theory of relativity in 1905. Similar results were published in the same year by A. Poincaré. Mendelian genetics was simultaneously and independently rediscovered in 1900 by Cermak, Correns, and de Vries.

Does the applicant need a supervisor? Let's look at two possible options.

The first takes place if the subject of research has already proved itself in some way, for example: the technique, scheme, structure, organization created by the applicant is used in practice, the installation is already working, a patent has been received for a method or device, etc. The only thing that doesn't go well is writing a dissertation.

The second option is observed when there is still no practical implementation of ideas, that is, there is no approbation of the ideas of the proposed scientific work.

In the first case, in my opinion, the applicant does not need a supervisor. Rather, what is required is a scientific consultant who indicated how to attach scientific justification to the results obtained, create the integrity of the study, how to start writing and when to finish the dissertation on time.

It is with such an applicant that I would like to work in a remote graduate school!

If we have the second option, then the first thing you can try to do is to come to the first option, that is, at least somehow materialize your aspirations in science.

If there is a problem with choosing a research topic and materializing ideas, then you need a supervisor.

A novice scientist (a person who has just decided to do scientific research) with all his talents, it is almost impossible to find a scientific field that he could master independently and fruitfully from the point of view of science. Therefore necessary initial stage in scientific activity is the search for an appropriate scientific team - scientific school and scientific leader.

Some tips for evaluating and selecting a research team and supervisor can be done as follows.

A fruitful scientific team is always relatively young, friendly, in search of talents, creative work it "boils" in it, its members publish an original wall newspaper, are erudite, draw, play musical instruments, like to spend leisure time together, have unwritten traditions. It consists of both titled leaders and novice scientists, and most importantly, they have the opportunity and are constantly engaged in experimental research, collaborate with scientific and industrial enterprises, often publish their work in print at various levels, participate in scientific competitions and conferences.

Formally, the supervisor is determined quite simply. If you applied to a person with a PhD degree, and he agreed to be your supervisor, then it is not very difficult to enter graduate school by writing an application of the appropriate form and passing entrance exams in philosophy, a foreign language and a discipline that is directly related to the subject of your future research. It is more difficult to find a supervisor who is exactly what you need, who is able to captivate with interesting work, explain how it should be done, introduce scientific methods and means, teach how to write "scientifically", educate a real scientist from your student. From what has been said, it is not difficult to imagine some features of such a supervisor. This is a passion for science, not being burdened by social and administrative work, falling in love with his students, supported by the desire to convey everything that he himself knows, erudition in matters of science in general, his field of research and the methodology of science. A real supervisor is able not only to give valuable instructions, but also to do a lot himself, for example, quickly type or edit an article on a computer. And of course, a doctor of science is more suitable for the role of a supervisor than a candidate of science.