An employee’s personal bankruptcy does not itself cancel statutory paid study leave. However, average earnings paid for that leave are not fully protected merely because the absence relates to education. First establish the employer’s obligation to pay; then determine what may be excluded from the bankruptcy estate.
Education conditions
The education level, study format, programme accreditation and legal basis for the leave matter.
Main employment
Statutory education guarantees apply at the main workplace, not automatically with every employer.
Separate calculation
A university leave certificate proves the study period. It does not determine the protected share of income in bankruptcy.
When study leave is paid
This section concerns employees studying for a bachelor’s, specialist or master’s degree. Under Russian Labour Code Article 173, employees successfully completing a state-accredited programme by correspondence or mixed full-time/part-time study receive additional leave with average earnings retained. This includes employees who enrolled independently, not only those sent by their employer.
Intermediate assessments attract 40 calendar days in each of the first two years and 50 in subsequent years. For a shortened programme, the second-year entitlement is 50 days. State final assessment attracts up to four months according to the curriculum. These are not universal periods for every form of education: other levels and programmes have their own statutory rules.
Article 177 links the guarantees to obtaining education at the relevant level for the first time. Where that level has already been obtained, the law permits guarantees where the employer sends the employee to study under a written employment or apprenticeship agreement. The phrase “second education” therefore does not settle the issue without examining the diploma, programme and agreement.
Four situations that must be distinguished
| Situation | Question for the employer | Bankruptcy implications |
|---|---|---|
| Paid examination leave under Article 173 | Leave entitlement, dates and average-earnings calculation | The educational purpose does not fully shield the income |
| Unpaid leave | Dates of authorised absence and confirmation that no pay is due | There is no payment from which money can be released; other income needs separate review |
| Secondary employment | Absence arrangements and any contractual payments | A second contract alone does not establish a second mandatory payment for examination leave |
| Salary and study-leave pay in one transfer | Separate accruals and periods on the payslip | The protected amount takes other income into account; no repeated minimum for every payroll line |
Under Labour Code Article 287, guarantees for employees combining work with education apply only at their main workplace. If you study at two educational organisations simultaneously, Article 177 allows the statutory guarantees for one of them, of your choice.
Does study-leave pay enter the bankruptcy estate?
During the asset-realisation procedure, Bankruptcy Law Article 213.25 applies: income is considered in forming the estate, while legally protected funds are excluded. Study-leave pay is average earnings retained by the employer, not automatically a fully immune reimbursement of education expenses.
Protection of maintenance funds depends on Civil Procedure Code Article 446, the records and the circumstances of the case. Under paragraphs 1–2 of Supreme Court Plenum Resolution No. 48, the financial manager initially addresses exclusion of protected sums; unresolved disagreements go to the commercial court within the bankruptcy case.
If the payment covers a period spanning months, provide leave dates, a payroll breakdown and the next salary date. Do not automatically multiply the subsistence minimum by every month mentioned in the university certificate, or claim it repeatedly from both salary and study-leave pay. The general income rules at different procedural stages are explained in Salary During Russian Personal Bankruptcy.
Documents and practical steps
- Establish the leave entitlement. Obtain the formal university study-leave certificate (spravka-vyzov), check the programme, study format and Article 177 conditions. If the entitlement is contractual, include the relevant employment, apprenticeship or collective-agreement provisions.
- Arrange the leave with the employer. Submit an application and supporting documents; keep proof of delivery and the leave order. If pay is refused, request the written reason. A dispute with the employer must not be confused with a dispute with the financial manager.
- Request a payment calculation. It should separate average earnings for study leave from salary for days worked, identify accrual periods and deductions, and show the actual amount to be transferred.
- Inform the financial manager. Provide the leave order, payslip and bank statement; disclose other income and protected amounts already received. Request a determination of how to obtain the share that may remain available to you.
- Resolve discrepancies before spending disputed funds. Request a written calculation and reasons. If disagreement persists, apply to the bankruptcy court with records and a specific calculation, rather than relying only on the fact that you are studying.
Illustrative example: salary and examination leave in one payment
For the same calculation month, the employee receives RUB 42,000 after deductions: RUB 18,000 for days worked and RUB 24,000 in average earnings for study leave. Assume that the confirmed protected amount for that month is RUB 25,000, with no other income or additional grounds for exclusion.
In this simplified example, the employee retains RUB 25,000 from the combined income, not RUB 25,000 from salary plus all RUB 24,000 for studying. The difference is RUB 17,000. If RUB 18,000 from these funds has already been released for the same month, the remaining protected amount is RUB 7,000.
RUB 25,000 is an assumption for the example, not a subsistence minimum applicable to everyone. Leave spanning months, other payments, dependants or a court order require a different calculation.
Tuition and travel are separate issues
Average earnings for leave, tuition fees and travel reimbursement have different legal bases. A combined transfer cannot simply be labelled “education money” and spent without classification. If the employer transfers several types of payment together, request documentary separation of the components.
A university contract does not itself require the financial manager to exclude tuition costs additionally. Extra necessary expenses require independent justification and, if disputed, court consideration. Do not send disputed funds to the university or relatives before the permitted arrangements for using them have been determined.
Frequently asked questions
Can an employer refuse study leave solely because of bankruptcy?
Bankruptcy itself does not cancel Labour Code education guarantees. However, the applicable statutory conditions concerning programme, format, education level and documents must be met. Lack of entitlement to paid leave under those conditions is a different matter.
Does the university certificate protect all examination-leave pay?
No. It establishes the basis and period of study leave. Excluding money from the bankruptcy estate requires a legal ground for protection, a calculation and income records.
Can two employers both be required to pay for examination leave?
Article 287 provides statutory education guarantees only at the main workplace. Additional contractual arrangements need separate examination; secondary employment alone does not create a second mandatory payment.
Who pays the subsistence minimum during unpaid study leave?
Excluding protected funds does not generate new income or require the manager to finance leave from personal funds. Available money and other receipts, their periods and legal treatment must be examined. If there is no income, a payment cannot be promised solely on the basis of the university certificate.
Need a calculation before study leave?
An initial consultation can examine your university certificate, employer’s payroll, bankruptcy stage and the documents needed to establish the protected amount.
Book an initial consultationReviewed on 7 September 2026. This guide concerns Russian law and the employee’s personal bankruptcy, not the employer’s insolvency. The outcome depends on the documents and individual circumstances.