STUDENT CONTRACT AS A SPECIAL TYPE OF CONTRACT IN EMPLOYMENT

Abstract

Problem setting. The article is an analysis of domestic and foreign legislation on a means of exercising the right to vocational training, retraining and qualification - a student contract.

Analysis of resent researches and publications. At different times legal problems of professional training of workers in General and apprenticeship contract, in particular paid attention to such scholars as B. K. Begichev, N. B. Bolotina, K. M. Varshavsky, I. S. Voitinsky, L. J. Gunzburg, M. K. Gusov, F. M. Leviant, Yu. P. Orlov, A. Yu. Posherstnik, O. S. Pashkov, V. G. rotan, G. S. Skachkova, A. V. Smirnov, Stavtseva A. I., K. P. Urginsky, G. I. Chanysheva and others.

Article’s main body. Given international experience, proposed in the new Labour Code of Ukraine provide rules that will regulate issues related to pupils contract. In particular, provide a separate chapter in the Code entitled "Student Agreement", which should be highlighted the following issues: (a) the concept of student contract. student party agreement; (b) the form and student contract; (c) the effect of student contract; (d) organizational forms of apprenticeship; (e) the time apprenticeship; (e) payment apprenticeship; (a) coverage of pupils labor law and legislation on compulsory social insurance; (h) the conditions of student invalidity of the contract; (c) suspension of student contract; (s) responsible for the violation of student contract.

When pupils understand the proposed contract agreement between the employer and the apprentice, according to which the employer is obliged to organize training, retraining determined by the student's profession, specialty, qualification, training provide the conditions stipulated by labor legislation, on time and in full repay student scholarships, pay work done by a pupil at workshops by the employer and student, in turn, agrees to be trained and according to the obtained profession, specialty, qualification to work with the employer for a period set pupils contract. Student's agreement is a bilateral agreement that is concluded between the employer and employee, which is the subject of organization and employer vocational training or retraining student's specific profession, specialty, qualification.

Conclusions and prospects for the development. Specific terms of the transaction named as follows: (a) the name of the profession, the specialty; (b) training period and the period that the student is obliged to work under a contract according to the obtained profession or specialty; (c) place of education; (d) payment of apprenticeship; (e) the organizational form of apprenticeship; (e) the types and conditions of student social security; (g) training mode when a local normative act in organizing training mode not defined or is for this student differs from the general rules.