A probationary period is a period of time that is established in an employment contract with an employee to check his compliance with the assigned work (part 1 of article 70 of the Labor Code of the Russian Federation). About when, to whom the probationary period can be established and for how long, we will tell in our consultation.
At what point is the trial period set?
A probationary condition may be included in an employment contract when it is concluded. Accordingly, if such a condition is absent in the employment contract, this means that the employee was hired without a trial. It is impossible to add a test condition after the parties conclude an employment contract.
In the event that an employee was actually admitted to work without drawing up an employment contract, but before the start of work, the parties did not draw up a written agreement on probation, it will not be possible to include such a condition in the employment contract, despite the fact that it will be concluded later (within three days from the date of actual admission of the employee to work) (part 2 of article 67, part 2 of article 70 of the Labor Code of the Russian Federation).
Who can and who cannot set a trial period?
The Labor Code of the Russian Federation prohibits setting a probationary period, in particular, for the following categories of workers (part 4 of article 70, part 1 of article 207 of the Labor Code of the Russian Federation):
- pregnant women;
- women with children under the age of 1.5 years;
- persons invited to work by transfer from another employer;
- persons who have received secondary vocational education or higher education in accordance with state accredited educational programs and are applying for a job for the first time in their specialty within 1 year from the date of graduation;
- persons who have successfully completed the apprenticeship when concluding an employment contract with an employer, under the contract with which they were trained;
- persons under the age of 18;
- persons who conclude an employment contract for up to 2 months;
- persons elected by competition to fill the relevant position.
In addition to the Labor Code of the Russian Federation, a ban on the establishment of a probationary period can be established by other federal laws and even a collective agreement.
If the employee does not belong to one of the categories for which probation cannot be established, the condition of the probationary period can be included in the employment contract. At the same time, in particular, there are no restrictions on the establishment of a probationary period in the general case for more than 2 months or.
Duration of the trial period
The length of the probationary period depends on the period for which the employment contract is concluded, as well as on the position for which the employee is accepted. We systematize the data in the table (part 5, part 6 of article 70 of the Labor Code of the Russian Federation):
If the test period has expired, and the employee continues to work, it is considered that he passed the test (
The term "probationary period" is familiar to everyone who has ever got a job - it is a legal right for an employer, for a certain period of time, to assess the professionalism and knowledge of a potential employee. The trial period lasts from three months to six months, the validity period must be indicated in the employment contract, the employee must familiarize himself with all the details of the trial in advance. The employment record should not include information about the probationary period.
What is a probationary period under the Labor Code
In Russian legislation, all standards are spelled out in article 70 of the Labor Code of the Russian Federation. There is also a definition of this term: this is a period of time that is set by the employer in order to assess the employee's suitability for the position for which he is applying. At the same time, the conditions and duration of the test are spelled out in the employment contract itself.
Hiring test
The procedure for testing a potential employee when hiring expresses the employer's completely legal right to determine his professional skills and suitability for his position. It is important to remember that this is not a mandatory, but an additional condition of the concluded employment contract, which is made by agreement of both parties. This is not an obligation of the employer, rather it is his desire to check the employee, and if there is no doubt about the qualifications of the employee, there is no question of any probationary period.
Probationary period when concluding an employment contract
It is worth remembering that the employee on trial is an equal member of the team, this is expressed in the fulfillment of his rights, as well as in the payment of wages. Many employers seek to offer the applicant a small salary. The Labor Code does not prescribe any special payment conditions for this case, but it is not directly prohibited to establish lower wages for this period.
Registration procedure
All conditions are prescribed in the employment contract, which the company must conclude with the employee. The exact date of the beginning and end of the trial period (from 01.01.2002 to 04.01.2002) or its duration (two weeks, three months) is indicated. Do not forget that the hiring order must state that the employee will be checked for his suitability for the position. One copy of the work contract is given to the employee.
Who is not allowed to establish a probationary period
Employment with a probationary period is prohibited for a certain category of persons, which include:
- those who passed to the position on a competitive basis, in accordance with Russian law;
- pregnant women going on maternity leave soon;
- minor citizens;
- graduates of universities and other educational institutions for whom this is the first job;
- if the employee is elected at the selected paid rate;
- when transferring from another organization, for example from Moscow.
The law determines other conditions under which the employer does not have the right to appoint a test for passing to a vacant position:
- for temporary employment for up to two months;
- when the employment contract is concluded before the end of the apprenticeship period;
- in case of replacement for a specified period of civil servants of a certain category (assistants, advisers, managers);
- in the customs service when hiring graduates of specialized educational institutions of federal significance and everyone who came to the customs service on a competitive basis.
Duration of the probationary period when applying for a job
The standard test period for employment is three months. Top-level employees - managers, chief accountants, financial directors, their deputies can be tested for suitability for the position of professional suitability for up to six months. Another case is fixed-term employment contracts for up to six months. Then this period should not exceed two weeks.
Minimum
The minimum test period for hiring is two weeks, in the case when a fixed-term employment contract is concluded (up to 6 months). When concluding an ordinary contract, the employer himself sets the duration of the labor test - from one to three months, depending on the position held. For senior executives, this is three months. At the request of the employer, the duration of the work period can be reduced.
Extension of the probationary period
The duration of the labor test is recorded in two fundamental documents - the employment contract and the order for employment. There are cases when the trial period can be extended: employee illness, time off, specialized training. Only these reasons can justify the extension. The employer issues an additional order, which indicates the period for which the test is extended and the valid reasons that served as the basis for this.
Maximum probationary period under the labor code
When concluding a fixed-term contract lasting from two to six months or seasonal work, the trial period can only last 2 weeks. If the employee is hired on a permanent basis, then the maximum test period for hiring is six months. These terms are spelled out in the Labor Code of the Russian Federation.
Early termination
The main reason for the early termination of the employment contract is the successful completion of the test. The employer issues an order for the early completion of the test, which details the reasons for its completion. An employee can write a letter of resignation from the enterprise if the position in which he worked did not suit him. Does the employer have the right to terminate the labor test earlier if the employee's work is unsatisfactory? Yes, only everything must be formalized according to the law (corresponding order), and the employee must be warned in advance ..
Probationary rights of an employee
The labor legislation clearly states that an employee who is on probation for employment has exactly the same rights and obligations as the rest of the employees of the enterprise. This applies to wages, receiving bonuses, establishing social guarantees. The candidate has the right in court to appeal against any actions of the employer that infringe on the rights of the employee, including with respect to early termination of the employment contract.
Is it possible to take sick leave
An employee who is on a trial period has the right to take sick leave, the calculation of which will be calculated according to his average daily earnings. For the duration of the hospital, the period of labor probation is not counted; it resumes its effect when the employee leaves his place of work. In the event that the employee terminates cooperation with the employer (regardless of the reason), the employer is obliged to pay the sick leave.
What determines the size of the salary
An employee on a trial period is subject to labor laws. This means that his rights should in no way be less than those of the main cadre. The salary should be set according to the staffing table. This can be circumvented by simply introducing into the staffing table a reduced salary for “assistant manager” or “assistant”, its size can be any, but not less than one minimum wage (minimum wage). The employer is obliged to pay sick leave, overtime, work on holidays and weekends.
End of the probationary period
Immediately, we note that there is a situation when it is impossible to fire an employee after the probationary period: when during this period of time the employee became pregnant and brought the appropriate certificates. In other cases, there are two options for ending the trial period.
- positive - both parties are satisfied with the work in the organization, then the employee is enrolled in the staff according to the job description;
- negative - the employing firm is not satisfied with the quality and result of the applicant's work, a decision is made to terminate the contract (the order in the form indicates the reasons and evidence of the employee's negligence).
The dismissal of an employee undergoing a trial is always drawn up in as much detail as possible, because there is a rather big chance that the employee will consider such actions unlawful and sue the employer. This can be avoided by proving that the employee violated work rules, safety precautions, did not follow instructions, was absent without a valid reason. When hiring, it is necessary to receive a written notification of the employee with his signature that he was aware of all the employer's internal regulations.
Video: working with a trial period
Experts recommend, even if a person is at first glance ideally suited for any position, conclude an employment contract with a probationary period. In this case, it will be possible to assess his professional qualities and terminate the contract if he does not suit the employer. Next, let's take a closer look at what constitutes an employee's probationary period.
General information
The Labor Code, with comments on the articles, quite clearly regulates the procedure for registering a person for a particular position. Recruitment is often a fairly lengthy process. Usually, hiring is carried out based on the results of an interview. Often when hired, he is offered professional tests.
Nevertheless, even the most careful selection of personnel does not exclude the risk for the employer. The new person may be insufficiently qualified or disciplined as a result. To assess how he meets the requirements of the enterprise, it is advisable to establish a probationary period for the employee. To implement this, it is necessary not only to stipulate, but to formulate an agreement legally correctly. The Labor Code, with commentary on articles, establishes the legal basis for employment with such conditions. However, you need to know some of the nuances in order to avoid mistakes in practice.
Principles for establishing a probationary period at work
As mentioned above, this period is necessary to test the professional and some personal qualities of a person. Recruitment in this case is carried out subject to a number of conditions. These include, in particular:
- The probationary period is established for hired people who have not previously held any position in the enterprise. For example, this applies to cases when a specialist is transferred to a higher position or to another department.
- The probationary period is established until the moment a person begins to perform his duties. This means that a corresponding agreement must be drawn up before starting activities at the enterprise. It is an agreement for a trial period (a separate application) or these conditions fit into the general contract. Otherwise, this agreement has no legal force.
It should be noted that the condition on the application of the probationary period must be present not only directly in the contract of employment, but also in the order on the enrollment of a person in the state. In this case, the future employee with his signature must confirm the fact of familiarization and agreement with these facts. It is not necessary to put a mark on the appointment of a probationary period in the work book.
Legal registration
As stated in the Labor Code, the probationary period is applied only in accordance with the agreement of the parties. Registration conditions must be necessarily documented. The main document is an employment contract with a trial period. If the conditions are fixed only in the order, then this is considered a violation of the law. In this case, the judicial authority recognizes the conditions for the appointment of the trial invalid.
In addition to the main contract and order, the order of registration of an employee can be reflected directly in his application for an appointment to a particular position. It should be said that the duties of the employer include not only the legally competent execution of the contract and other documents, but also the familiarization of the future employee with labor duties, internal regulations at the enterprise, job descriptions. The employee certifies this fact with his signature. This is of particular importance if the person has not passed the probationary period. If the employer is forced to fire an employee who has not stood the specified period, the fact of his familiarization with the duties is used to confirm his inadequacy to the assigned position.
Alternative option
Quite often, employers enter into a fixed-term agreement instead of an open-ended contract with a probationary period. In their opinion, such a design of an employee greatly simplifies the situation when a person has not coped with the assigned tasks and should be fired. The fixed-term contract period will end and the employee will leave on his own. However, the law sets out certain conditions for the conclusion of such an agreement. So, according to Article 58 of the Labor Code, the execution of a fixed-term contract with the aim of evading guarantees and rights provided for employees for whom an unlimited contract should be used is prohibited. It is recommended that courts pay special attention to the observance of these conditions when investigating violations.
Resolution of the Plenum of the Supreme Court (Supreme Court) No. 63 (from 28.12.2006), paragraph 13
If, in the course of considering a dispute about the legality of drawing up a fixed-term agreement, it is revealed that it was concluded by an employee by force, then the court applies the rules of the contract for an indefinite period. If a person has applied to the legal authority or to the relevant inspectorate, then the contract can be recognized as concluded for an indefinite period. In this case, a probationary period is not assigned. During the probationary period, a person is subject to the relevant provisions of legislation and other acts, which contain the norms of the established law, collective agreement, contract, local documents.
Salary
It is considered a violation of the law to establish a lower pay for an employee's activities for a probationary period in an employment contract. The norms do not provide that the salary of a specialist in this case is different. If a conflict situation arises, the employee has the right to receive underpayment in court. On the part of the employer, this point can be addressed in different ways. In particular, when drawing up an employment contract, the amount of payment for the trial period is indicated as constant. At the end of the period, an additional agreement is signed with the specialist, which establishes an increase in payment. Also, the company may adopt a provision on bonuses. The amount of these additional payments can be established in accordance with the experience.
Dismissal procedure
During the trial period, the employee is also subject to guarantees and norms related to the grounds for the employer's refusal to use the employee's services on his initiative. They are provided for in Article 81. An employment contract may not include additional grounds not established by law. These, for example, include reasons for "appropriateness" or "at the discretion of the management." These wordings are often found in contracts. However, they do not comply with the law.
Vacation
The probationary period is included in the employee's experience. It entitles you to basic annual paid leave. In the event of dismissal during the probationary period or after its completion, despite the fact that the person did not fulfill his duties at the enterprise for six months, he is entitled to compensation for the unused vacation period. It is assigned in proportion to the period of his stay at the enterprise as an employee.
Special cases
When drawing up an employment contract, you need to know that the legislation excludes the possibility of applying a probationary period to a number of categories of persons. These include:
- Elected through a competition for a particular position held in accordance with the procedure established by law or other regulatory enactments.
- Women who are pregnant or have dependent children under one and a half years of age.
- Persons under 18 years of age.
- Those invited to work by transfer from another employer by agreement between the management of enterprises.
- Persons applying for work under a contract for a period of less than two months and others.
Period duration
A probationary period of 3 months is established in general cases. For managers, chief accountants and their deputies, directors of representative offices, branches and other structural separate divisions - six months, unless otherwise provided by the Federal Law. When registering an employment contract for 3-6 months, the probationary period is no more than two weeks.
This period does not include days when the employee was actually absent from the enterprise. It can be temporary sickness disability, for example. In practice, employers often resort to extending the probationary period specified in the contract. These actions are contrary to the law. If at the end of the term the employer has not made a decision to dismiss, the employee is considered to have passed the test. In some cases, a longer period is provided. It is governed by Art. 27 ФЗ №79 and concerns civil servants.
End of the probationary period
Often, after the expiration of the period, the employee continues to work at the enterprise. In this case, he is considered to have passed the test, and further termination of the employment contract is carried out on a general basis. If the employer believes that the person does not correspond to the position, then additional paperwork is not required. In other words, the employee continues to work on a regular basis.
Section 71
In the event of an unsatisfactory test result, the employer has the right to terminate the contract before its expiration. In this case, he should warn the employee about this three days before the termination of the contract. The warning should contain the reasons why the employer admits that the person is inappropriate and has not passed the test. The employee can appeal this decision in court. In the event of an unsatisfactory result, termination of the contract is carried out without taking into account the opinion of the trade union body and without paying severance pay. If the employer decides to fire a new employee, then in this case it is necessary to follow a certain procedure and draw up the relevant documents. In particular, a notification of an unsatisfactory result is drawn up. It should be in two copies - for the employee and the manager. The document is transferred to the employee for signature.
Tenant's actions in case of refusal to accept notification
The employee may refuse to accept the paper. In this case, the employer needs to take certain actions. In particular, an appropriate act is drawn up in the presence of several employees of the enterprise. Servants-witnesses confirm with their signatures the fact of delivery of the document, refusal to accept it. A copy of the notice may be mailed to the employee's home address. Sending is carried out by registered mail. It must also be acknowledged with receipt.
In this case, it is very important to comply with the deadline set in Article 71: a letter of notice of dismissal must reach the post office no later than three days before the completion of the test assigned to the employee. The departure date is determined by the stamp on the receipt and the return receipt to the employer. The document on termination of the contract must contain all the necessary signs: the date and the outgoing number, the signature of the authorized person, the imprint of the seal, which is intended for registration of such papers.
Legally correct wording of the reasons for dismissal
It should be based on documents that confirm the validity of the decision made by the employer. As judicial practice shows, in the process of considering disputes about dismissal due to an unsatisfactory result during testing, the employer is required to confirm the fact of the employee's inadequacy to the position. For this, moments should be recorded when a person did not cope with the task at hand or committed other violations (for example, job descriptions, internal regulations, etc.).
These circumstances must be documented (recorded), indicating the reasons, if possible. At the same time, a written explanation of his actions should be required from the employee. Experts believe that upon dismissal under Article 71, it is necessary to provide evidence of the employee's professional inadequacy for the position held. If he violates internal discipline (he skipped or in some other way showed a negligent attitude towards activities at the enterprise), then he should be dismissed under the relevant paragraph of Article 81. The documents with which the employer confirms the validity of the dismissal may be:
- Discipline Act.
- A document confirming the inconsistency of the quality of work with the requirements and standards of production and time adopted at the enterprise.
- Explanatory notes of the employee about the reasons for the failure to perform tasks.
- Customer complaints in writing.
Assessment of business qualities
It is directly dependent on the specifics and scope of the enterprise. Based on this, conclusions about the test results can be based on various data. For example, in the sphere of production, in which the object (product) acts as the result of activity, the level of quality can be determined quite clearly. If the company is engaged in the provision of services, then the assessment of the business qualities of the employee is carried out in accordance with the number of customer claims.
Certain difficulties are present in the field of intellectual activity. In this case, to assess the results, the quality of the execution of orders, compliance with the established deadlines, the execution of the total volume of tasks, and compliance with professional qualification standards are recorded. The immediate supervisor of the new employee is in charge of processing and sending these documents. The procedure for dismissing an employee, therefore, requires a certain formalism from the employer. However, the employee can in any case legally appeal the decision.
Employee's right to terminate the contract
An employee can use it if, during the test, he realizes that the proposed activity does not suit him. He must notify the management of his decision three days in advance. The notice must be in writing. This rule is of particular importance to the employee. This is because potential employers would like to know the reasons why the applicant quit so quickly from the previous enterprise.
Finally
The legislation rather precisely defines the conditions under which the application of the probationary period is allowed. Due to the fact that often a new employee is considered within the framework of these relations as a party that does not have social protection, the rules of law establish certain guarantees for him. At the same time, the procedure for dismissing an employee due to an unsatisfactory result of the trial period is rather formalized. The law determines the right of an employee to appeal against the decision of the company's management in court.
In such cases, the executive body will carry out a thorough check of the legality of establishing a probationary period, legal literacy of the preparation of the necessary documentation. Of no small importance will be the observance by the company's management of all legal aspects within the framework of these relations. Based on this, both the employer and the applicant himself have the right to personally determine the appropriateness of the application and the conditions for passing the probation period at the enterprise. As practice shows, cases of conflict situations are noted less often where the selection is carried out based on the results of several stages of the interview.
If you are asked to pass a test when applying for a job, do not rush to refuse, fearing that they would like to use your skills for free. Learn about the pros and cons of this period, the legal nuances of its passage.
When selecting a promising employee for a vacant position, the head of the enterprise has the right to establish a test period for the newcomer, during which the applicant must prove that he can cope with the entrusted duties.
An employer learns skills that may not always be revealed in an interview:
- professional suitability;
- discipline;
- teamwork skills;
- the ability to self-organize;
- initiative.
And what does the hired person get? It turns out that there are also a lot:
- adaptation in the team;
- time to familiarize yourself with job responsibilities;
- the ability to choose - stay or leave;
- practical experience, especially valuable for young professionals without seniority.
To prevent a few weeks from turning into bad memories, it is enough to know the basic legislative principles. The Labor Code of the Russian Federation clearly regulates the rules for registering a trial period (Articles 70, 71, 72). Let's consider them further.
Probationary employment contract
It may be news to you that the employer does not single-handedly appoint the verification period - only with the consent of both parties. The decision is recorded in an employment contract or an additional agreement.
The order for the enterprise on the registration of the employee must also contain an indication of acceptance for a test period (with start and end dates). If the decision is not reflected in one of these documents, it means that the term is not legally established!
Sample registration of a probationary period in an urgent TDIt is also considered illegal to include the clause on the verification time in the document of the main or additional agreement even when the person hired has started work.
Remember, a contract for a given period of time must be concluded! But the record about him in the work book is not entered.
Maximum probationary period when applying for a job
The minimum for which a trial period can be concluded is not legally defined. The maximum varies depending on the position and the duration of the relationship with the employer.
- The standard experimental term for concluding a contract over six months or indefinitely is 3 months.
- With an agreement from 2 to 6 months. - no more than 14 days.
- For management and accountants, the audit time is 6 months. The same term is established for employees transferred from one state body to another.
- The maximum trial period (up to 1 year) is permitted by law to establish for applicants entering the civil service.
But the probationary period for (up to 2 months) is not established.
Interestingly, an employer can, on his own initiative, reduce the number of test days by designating a separate clause in the company's charter, but not increase it. But there are nuances that allow you to officially extend the test. Further about them.
Extension of the probationary period
The supervisor can extend the verification period if the trainee:
- took time off at his own expense;
- went on sick leave;
- took advantage of the vacation.
In these cases, the extension is documented in a separate order. The reason for the prolongation is written in it, and the new end date is indicated.
If, during the interval allotted for verification, the employee was transferred to another position, the trial for him continues until the date prescribed in the agreement.
Remember, time off, sick leave, and vacation do not count during the trial period! But there is good news for citizens interested in the question of whether the trial period is included in the vacation. Yes, this period is taken into account.
Remuneration to an employee
The rights and obligations do not differ from other employees - to comply with the charter of the enterprise, to follow the job descriptions and not to violate internal routine.
The employer provides the subordinate with a social package and guarantees. Has the right to reward or fine the subject, to make reprimands or thanks.
Sickness, overtime and work at the request of the management on weekends and holidays are mandatory.
Often, interns complain that when they are checked, they receive less wages than other employees in a similar position, and some even share their bitter experience that they were not given money and were fired after their work.
Probationary salary should not be less than that of persons with the same responsibilities. Although the employer has the right to introduce an additional trainee position at the enterprise, then the salary is set not lower than the minimum wage according to the laws of the Russian Federation.
All reticence and conflict situations, including, can be challenged in court.
Termination, termination of employment
The best option is to get the job seeker approved. If the trial period has ended and the trainee continues to work, he is considered enrolled in the state on a general basis (Article 71 of the Labor Code of the Russian Federation).
And if something does not suit you?
Termination of an employment contract is possible at the initiative of one of the parties. The period of familiarization with the position does not end ahead of schedule, the condition for its termination is the end of the term. That is, you cannot just say: "You are not suitable for us!" Everything should be documented.
The relevant party must confirm the notice of refusal to provide a job in a written application three days before leaving. The employee does not work for two weeks.
The manager who dismisses the test subject must present to the latter the facts of inconsistency with the declared position (indicated in the notification). The signature of the employee who is familiar with the reasons is required.
Also, the notification document indicates the date of the planned dismissal and preparation. There should be two copies - for each side.
The employer now has three days to issue wages and compensation for unused leave.
To avoid controversial points arising from time frames, the employer should know the following:
- If you do not notify the employee about your unwillingness to continue cooperation 2 days before the end of the trial period, then it will automatically be considered successful.
- , is equivalent to a similar one initiated by the employer. Study Article 81 of the Labor Code of the Russian Federation before announcing a decision to a specialist.
- If the employee loses his ability to work or is on vacation, dismissal is impossible.
In case of refusal to sign the notification, the employer draws up an act and certifies the signatures of two witnesses. The subject can prove disagreement with the conclusions of the manager and the dismissal in court or at the labor inspectorate by submitting an appropriate statement.
Who is not covered
The law prohibits the appointment of a probationary period for the following groups of employees:
- pregnant women;
- transferred to a new position within the enterprise;
- women raising children under 1.5 years old;
- minors;
- passed the competition;
- young jobseekers hired within a period of up to 1 year from the date of graduation;
- employees transferred to a similar vacancy from other enterprises, hired to an elective position (in the state apparatus or local government bodies) on a rate.
By the way, the employer has no right not to hire, as well as to dismiss a pregnant woman or the mother of a child under the age of one and a half years.
The employee is the main driving mechanism of every enterprise, from a small firm to a large corporation. The functioning of the whole organization depends on the quality of its work. In the process of searching for suitable candidates, a significant part of the candidates is screened out for various reasons. To assess the professional qualities of the prospective employee, you need to see him in action. It is for these purposes that a probationary period is provided in the Labor Code (hereinafter in the article - the Code).
What you need to know about the trial period?
To check candidates for compliance with the stated requirements, a trial period can be issued. Its duration should not exceed three months. Moreover, there is another limitation - for works that last from two to six months, testing is not recommended. If you cannot do without them, then it is permissible to issue their duration no more than two weeks.
Article 70 of the Code contains a list of persons for whom a probationary period of six months is possible. Among them:
- heads of enterprises and organizations,
- heads of structural and separate divisions, branches of organizations and enterprises,
- chief accountants and their deputies.
When passing the tests, periods of disability or actual absence from work for any reason are not taken into account. If there is no mark on the probationary period in the employment contract, then it is considered that the employee was accepted without him. During the test period, the employee is obliged to comply with the norms established in labor legislation. It should also be borne in mind that there are some categories of persons for whom a probationary period is not established.
Restrictions on the application of the probationary period
When registering certain citizens for work, simplified admission conditions are used. This is based on the fact that they belong to special groups for which the application of the general order is unacceptable for a number of reasons. The probationary period is not established for the categories of persons listed below:
- women during pregnancy,
- women with children under one and a half years old,
- minors (under 18 years old),
- employees who have entered into an agreement for a period of less than two months,
- applicants who have received education (secondary specialized or higher) according to programs with state accreditation and are applying for a job in their specialty for the first time within a year after the end of the training period,
- candidates who got a job in an elective position (paid),
- employees who were transferred from another company by agreement of employers,
- applicants who have been selected through a competition to fill a certain position.
The first part of Article 207 of the Code also contains information about the prohibition of the probationary period for persons who have successfully completed the apprenticeship and subsequently signed an agreement with the employer from which they were trained. A similar restriction also applies to citizens who are doing alternative civilian service (paragraph 41 of Decree No. 256 of May 28, 2004). In a situation where an agreement is concluded with the listed persons, which contains information about their passage of the probationary period, it is automatically canceled (will have no effect). The dismissal of these employees upon failure to pass the tests within the term is recognized as illegal (Article 71 of the Code).
To restore justice, the listed persons can file a lawsuit. In accordance with article 394 of the Code, the employee may be offered the following options:
- monetary compensation (moral damage),
- reinstatement,
- monetary compensation for the period of forced downtime.
A few words about test design
All relationships between employers and employees are formalized by appropriate agreements. The trial period is no exception. A special note is put in the contract. In the absence of a mention of the probationary period, it is concluded that the employee is accepted on a general basis (without passing tests). If, for any reason, the employee began to perform his duties without signing the relevant papers (the contract was signed later), then it is considered that he has been accepted.
The probationary period can be issued only prior to the commencement of employment. The salary for the specified period is paid in full in accordance with the position held. According to article 70 of the Code, an employee on a probationary period has all the rights and obligations contained in labor law. In accordance with this, penalties and measures provided for in the organization for violation of internal rules can be applied to him.
When passing tests, it is not only the employer who makes the decision about the employee. The latter can also analyze the situation within the company and decide on the need to continue working. If something does not suit him, he can terminate the contract. Before that (three days in advance), the employee must notify the manager of his intention in writing.
Negative test results are a good reason to terminate the contract. The manager notifies the employee in writing three days in advance. The reasons must be indicated in the decision without fail. The employee has the right to appeal against it in court. If the probationary period has ended, but the employee continues to perform his job duties, then this is automatically considered passing the tests. In this case, the termination of the contract can be carried out on a general basis.
Penalties for violation of labor order
The legislation strictly regulates the relationship between employees and employers. Any violations - intentional or accidental - are punishable by certain types of penalties. Article 5.27 of the Administrative Code provides for (administrative) liability for non-compliance with established norms. Legal entities are charged an amount ranging from thirty to fifty thousand rubles. Officials and individual entrepreneurs will be required to pay from one to five thousand rubles.
Errors in the execution of the contract or its absence leads to a fine equal to ten to twenty thousand rubles for officials. For legal entities it will be fifty - one hundred thousand rubles. If the violation was committed by a person who is engaged in entrepreneurial activity without forming a legal entity, then the amount is from five to ten thousand. Repeated commission of these violations is punishable by increased monetary penalties and suspension of activities for some categories of employers (Article 5.27, paragraphs 4 and 5).
Employees are the most important element in building a reliable and profitable business. It does not matter what duties they perform - draw up documentation or are directly involved in the production of goods. The prosperity of the company and the quality of project implementation depend on the correct selection of personnel. Every employer strives to find a highly qualified professional, but this is not always easy.
The probationary period allows you to solve a wide range of emerging problems (assessment of the candidate's personality, qualification level, etc.). When hiring an employee, it becomes possible to analyze his behavior and the principle of work in a particular company. Upon successful demonstration of his skills, he gets a vacant position. For many employers, this approach to recruiting is the only acceptable option, because no interview can guarantee a candidate's 100% suitability for the position. Actual performance and actual results are the best proof of the applicants' abilities.
