Employee Stipend & Correspondence Training Contract – Legal Obligation

Question from a client:

Is the organization obliged to continue paying a stipend to an employee studying under a contract for targeted training via correspondence if he received a “satisfactory” grade at the end of the examination session, despite the fact that the contract states: material incentives are provided in an amount not lower than the academic stipend?

Answer and rationale:

If the agreement on targeted training does not contain conditions regarding academic performancein which support measures are reduced or terminated, the organization is obliged to pay the scholarship for the entire period of studyregardless of receiving a “satisfactory” grade.

Rationale:

Legal relations under the agreement on targeted training are regulated by Federal Law dated December 29, 2012 N 273-FZ “On Education in the Russian Federation” and the Regulations on targeted training approved by Decree of the Government of the Russian Federation dated April 27, 2024 N 555.

The agreement on targeted training involves providing the citizen with support measures, however their specific list and volume are determined by the parties to the agreement. In general, the law does not establish a minimum amount of such measures. An exception is provided for targeted training within the quota for bachelor’s and specialty programs: in this case financial incentives during the study period cannot be lower than the amount of the state academic scholarshipappointed in accordance with Part 3 of Art. 36 of Law No. 273-FZ (subparagraph “z”, paragraph 24 of the Regulations).

At the same time, the legislation directly allows for the inclusion in the contract of conditions regarding the student’s academic performance. If such requirements are not met, support measures may be reduced.as well as establishing the procedure for their restoration. These conditions and procedures must be directly provided for in the agreement on targeted training (clause 2, part 4, article 56 of Law No. 273-FZ, subparagraph “k”, clause 24, clause 29 of the Regulations).

Consequently, if the current contract does not contain a provision regarding the reduction or termination of the stipend payment upon receipt of a “satisfactory” grade, the customer does not have the right to unilaterally stop payment.

Answer readyn experts from the legal consulting service of the SovetnikPROF company.