What is the probationary period established by the Labor Code of the Russian Federation? Probationary period: in what cases they do not have the right to appoint it

To determine the actual knowledge and skills of a candidate when applying for a job, it is not enough to submit recommendations from previous places, documents on education, etc. The enterprise has the opportunity to find out the qualities and skills of an employee by including a probationary period in the employment contract when hiring. Several articles in the Labor Code of the Russian Federation are devoted to this period.

is the period during which the employee performs the work provided for by his job descriptions, and the employer finds out from the actual results of the employee whether he is suitable for him or not.

At this time, all parties may terminate the action in a simplified form. Basically, during the test, the employee is observed by a responsible person who checks his work and draws up a report on this.

On the other hand, during this period, the employee also gets the opportunity to get to know his employer better, get acquainted with the new job, and in case of an unsatisfactory assessment, leave. Labor law stipulates that a probationary period at work can only be introduced by agreement between the employee and the firm.

According to the current norms of the law, the test for employment is introduced for a period of 2 weeks to 3 months. The duration of the probationary period for the chief accountant and managers, their deputies and other positions may be up to 6 months.

At the same time, for persons entering the civil service, it is allowed to set its duration for 1 year. The maximum probationary period for employment under an employment contract concluded for a period of two to six months should not exceed two weeks.

The administration of the company may terminate the test ahead of schedule if the employee shows that he meets the requirements and is able to perform this work. To do this, the company must additionally conclude an agreement with the employee to the current contract.

After the expiration of the probationary period, if there are no objections from the parties to the employment relationship, the employment agreement is considered to be drawn up on a general basis.

Who cannot be tested

It cannot be entered when applying for a job:

• Pregnant candidates;
• Employees with children under 1.5 years old;
• Young professionals who have just received a certificate or diploma of vocational education;
• Employees accepted as a transfer from other employers;
• Persons under the age of 18;
• Candidates selected as a result of a competition for a position;
• Elected to an elected position.

Probation period for employment is not established upon conclusion for a period of less than 2 months. You also need to remember that you can not enter a trial period for already working employees.

Registration procedure

The condition of the test must be included in the labor contract concluded with the employee, and it is necessary to determine the exact duration of the test or the dates of its start and end. The test must be reflected in the order for hiring an employee. It is desirable that the application also contains a condition about this.

If, nevertheless, this period was provided only in the order, then it is considered that the employee is registered for work without a probationary period. This organization will be confirmed by the court, in case of applying there for a labor dispute.

When an employee starts work without drawing up a contract, a probationary period clause can be included in this document only if there is a preliminary agreement between the parties, concluded in writing before the performance of labor duties.

By signing the contract, the employee must also familiarize himself with signature. Then he must provide for reading the internal regulations, job description with a list of duties. Here the employee must also put his signature. This is especially important if he has to be fired for not passing the test.

Information about the preliminary test is not entered in the work book.

The amount of wages for the trial period

Very often, employers set a reduced wage for a trial period. This, according to the law, is a gross violation of the rights of the employee. Remuneration for a particular position is determined on the basis of the staffing table. When hiring an employee for a predetermined position, the company must provide an appropriate salary.

Being on probation does not make any exceptions for this, labor law rules apply in a general manner.

Can I take sick leave?

Having issued an employee for work with a probationary period, the company is obliged to provide his social insurance in the general manner. That is, if he provides a certificate of incapacity for work during the period of the test, the company must pay for it. Therefore, the employee can safely turn to doctors for medical care. Only they can ask for a certificate of employment in order to fill out the supporting document correctly.

However, according to the Labor Code of the Russian Federation, the period of an employee being on sick leave is excluded from the duration of the probationary period. That is, when an employee leaves, the period of checking him at work will be extended by the number of days of illness.

Dismissal on probation

The main difference between the probationary period and regular work is the simplified procedure for terminating the employment agreement between the parties.

According to the general rules, in order to dismiss an employee during the test, the organization must notify him in writing of this at least three days before the date of dismissal.

However, here it is necessary to be very careful with such wording of dismissal as "did not pass the preliminary test." To use it in a company, you need to appoint a responsible person who will check the subject, record his successes and shortcomings in a special journal. At the same time, it is necessary to acquaint the inspected employee with these records against signature. If the company does not complete everything as expected, the subject can appeal the decision to dismiss in court.

The legislation also provides for how an employee can quit during a probationary period if he is not satisfied with the working conditions, the work itself, and the salary. He does not have to wait two weeks, as in normal work. It is enough for the employee to warn the employer in writing in the form of a letter of resignation three days before the expected date of dismissal.

The employer has the right, with the consent of the applicant, to establish a probationary period for the latter when hiring him. How long is the probationary period under the labor code? Employers need to know this in order not to violate the labor rights of their employees.
The maximum probationary period cannot exceed three months. However, there are such categories of workers who, in accordance with the provisions of Art. 70 of the Labor Code of the Russian Federation, the maximum probationary period can be set within six months. These include:

• supervisor;
• Deputy Head;
• Chief Accountant;
• chief accountant's assistant

The increase in the probationary period for this category of workers is due to the fact that the specifics of their work does not allow checking their professional qualities in a shorter period.

• applicants who first get a job after graduating from a university or college (technical school);
• applicants aged 14 to 18;
• pregnant women and women with a child (children) under the age of 3 years;
• applicants who were chosen for the position or who took it by competition;
• employees who transferred to a vacant position from another employer under a written agreement between employers;
• applicants with whom the employer concludes a fixed-term contract for up to 2 months.

When concluding a fixed-term contract for a period of 2 months to six months, the maximum probationary period under the Labor Code cannot exceed two weeks.
The established limits on the duration of the probationary period for employment do not mean that the employer cannot reduce its duration. However, to establish a period longer than specified in Art. 70 of the Labor Code of the Russian Federation, he has no right. Less maybe, more no.

During the probationary period, the employee is subject to all internal regulations at the enterprise; he must observe labor discipline, and the employer, in turn, must comply with all guarantees for the employee.
This also applies to sick leave. The employer must pay the sick leave to the employee in full accordance with the current labor legislation even if the employee is on probation.
However, the time while the employee is on sick leave, or is absent from the workplace for another good reason, is deducted from the probationary period.

Both parties may terminate the employment contract at any time during the trial. The party that is going to terminate the employment contract during the test must notify the other party 3 calendar days in advance.
If the contract is terminated by the employer, then in the notice that he sends to the employee, he must indicate in detail the reasons for the employee not passing the probationary period. In addition, he is obliged to provide documentary evidence of each ground.
If, during the probationary period, the employee decides that this work does not suit him, he can also quit of his own free will. He must also notify the employer, but he may not indicate the reason for dismissal.
The employer may terminate the test ahead of time if he is confident in the professional qualities of the employee. In this case, it is not necessary to conclude a new employment contract, the old one continues to operate.

Job search, as well as recruitment, is a laborious process. Even in the event that the professional qualities of the candidate meet the requirements of the vacancy, and the proposed work is completely suitable for this specialist, there are no guarantees that the cooperation will necessarily be successful and long.

How long can be set?

Employment for a trial period allows you to determine the possibilities for further cooperation. According to this period may be different in different cases. There are the following options:

No more than 2 weeks;

Trial period 3 months (or less);

Up to six months;

Up to one year.

At the same time, the shortest duration is provided when an urgent contract is concluded (up to six months). In addition, this applies to seasonal workers. For them, a trial period of 2 weeks can be established, but no more.

However, it usually takes longer. In most cases, the trial period lasts up to 3 months. The Labor Code of the Russian Federation indicates that it can end by agreement of the parties or earlier, but not later. A period of 6 months can be set, for example, for the head of the company, its representative office, branch, chief accountant, as well as their deputies.

In what cases is employment for a trial period for the longest time carried out? For example, when an employee enters the civil service. How long is the trial period in this case? Up to one year. However, if an employee is transferred to a new place from one state body to another, then the maximum time is six months.

Categories of employees for whom a probationary period cannot be established

The rules listed above do not apply to all potential employees. There are categories of workers for whom a probationary period cannot be established (the Labor Code of the Russian Federation indicates the relevant cases). These are pregnant women, candidates under 18, employees with whom the contract is for 2 months or less. Another case - if the candidate for work entered the competition. In addition, this category includes former students who have received a higher, secondary or primary education and who have taken up a position in their specialty for the first time. Also, hiring for a trial period is impossible for disabled people who were sent to this position based on the results of a medical examination. Another category is specialists who were invited to this place in the order of transfer to another employer. The last two cases are if the candidate is elected to an elective position, and also if he is retired from service (alternative, military).

Why is a trial period necessary?

Employment for a trial period upon taking up a position is introduced not only for a future employee, but also for an employer. Both sides during this period have the opportunity to look at each other and understand whether to continue cooperation. During the test, the employer evaluates the business qualities, abilities of the employee, his communication skills, the ability to carry out assignments with high quality, compliance with the position held, his compliance with the rules established in the company, as well as discipline. During this period, the employee makes a conclusion about the company, about his position, salary, responsibilities, management and team.

How is work paid during the probationary period?

For an employee who is at the probationary stage, it applies in full. Therefore, if the company stipulates in the contract that this period will not be paid, this is a clear violation of Russian law. In addition, many employers in our time deliberately set a lower salary for the test subject, promising to increase it later. The following can be said about this.

Firstly, an employee who is at the probationary stage cannot be limited in remuneration. His rate should not be less than that provided for this position in the staffing table. Secondly, a company that reduces the salary during the trial period falls under such an article as discrimination. In the staffing of a company, for example, there are two rates of a purchasing manager. The first is occupied by an old employee, and a new person was invited to the second with the passage of a probationary period. In this case, from the first day of work, a novice must have no less salary than a worker who has worked for several years in a similar position as an employee.

Legal way to set a lower salary during the probationary period

Nevertheless, almost all companies set a lower salary for employees during the probationary period. This can be done quite legally by changing, for example, the salary of employees for the position of a novice in the staffing table. However, it should be remembered at the same time that its size should not be lower than the minimum wage.

A specialist on probation may be paid a bonus, as well as other incentive payments, which are prescribed in the regulation on remuneration and bonuses. The employer is also obliged to pay the subjects overtime, sick leave, going to work on holidays and weekends.

Making a probationary period

A probationary period is required. An employment contract must be concluded with an employee, and an order to hire an employee is issued on the basis of it. These documents indicate the duration of the test period. The entry “hired for a probationary period” is not entered in the work book, it only notes that the employee has been hired.

Probation period extension

It is not forbidden to increase it, however, only if the duration of the probationary period does not exceed the norms established by law. For example, if initially it is 1 month, and after this period the employer still has doubts about the suitability of the candidate for this position, the trial period can be extended to 3 or up to 6 months, if we are talking about the vacancy of the head of the branch, chief accountant.

Without the consent of the employee, it is impossible to increase its duration. Therefore, the employer must justify the decision to extend the probationary period.

The need for a written fixation of the facts of violation of labor discipline by an employee

Untimely fulfillment of tasks by an employee, his mistakes, violation of labor discipline should be documented, and if there are leaders, then they should be attached. Facts witnessed in this way should be given to the officer for review. For confirmation, he must put his signature. If the employee agrees with the shortcomings in the work, then an employment contract is made, and the probationary period is increased. If the employee believes that the claims against him are unfounded and does not give his consent for an additional period, dismissal is allowed, which must be based on written irrefutable evidence.

Rights and obligations that an employee has during the probationary period

They are no different from those that other employees working in this company have. A specialist registered for a probationary period has the following rights:

Receive salaries, bonuses, overtime pay bonuses, and other incentive payments;

Take a sick leave, on the basis of which to receive insurance payments for the time of disability;

Resign at any time on your own initiative (it is not necessary to wait until the end of the probationary period);

Take a weekend at your own expense or on account of a future vacation; however, the employer in this case may refuse to leave on legal grounds, if this does not contradict the Labor Code of the Russian Federation, Article 128: for example, if an employee has a child, then he should be given time off without pay for up to five days.

The duties of an employee are as follows:

Comply with internal regulations, fire and labor discipline;

Comply with the terms of the contract;

Perform job duties in accordance with the job description.

Dismissal of an employee who has not passed the probationary period

First of all, a notice should be prepared in advance for the employee in writing, in which it is necessary to indicate the reasons why further cooperation is impossible. They must be documented. This may be an act on disciplinary action, on the employee’s failure to fulfill labor duties, written complaints from clients who interacted with a specialist, or, for example, a protocol of a commission meeting in which the outcome of the probationary period was determined, etc. The notice also indicates the date of the planned dismissal and drafting a document. It is made in duplicate (for the employee and for the employer).

The next step is to give the employee this notice, no later than three days (and preferably 4) before the end of the trial period or the date of his planned dismissal (if the decision to terminate the contract was made much earlier than the end of the trial period). Note that if this is not done on time, the employee will automatically be considered to have passed the test.

The next step is to familiarize employees with the notification and sign it with the date. If those who have not passed the probationary period refuse to sign, the employer draws up a special act. It must be signed by at least 2 witnesses.

The next step is that on the day of dismissal, the employee receives a salary for the days he worked, a work book and compensation for unused vacation, if any.

Termination of the contract by decision of the employee

If the specialist independently decides to terminate the contract before the end of the probationary period, the employer should be warned about this. He must write a letter of resignation, indicating the reason "on his own initiative", and then the contract is terminated under this article. While probationary employees are required to notify their employer of their desire to leave two weeks in advance, an employee undergoing probation must notify him only three days in advance.

Cases in which dismissal is not possible

It should be noted that the dismissal of employees who have not passed the probationary period is equated to their dismissal precisely at the initiative of the employer. Therefore, it is necessary to familiarize yourself with the Labor Code of the Russian Federation before dismissing a specialist who is on probation (Article 81). For example, an employer does not have the right to fire a pregnant woman or a woman raising a child under 3 years old. If he is unable to work or is on vacation, he is also prohibited from being removed from office.

Who benefits from a trial period?

It benefits both the employer and the employee. Thanks to the trial period, the company can make sure that the candidate has professionalism, or start looking for another specialist. And the worker, in turn, will be satisfied with his new place or will begin to look for another. Thus, neither the company nor the specialist will waste additional time looking for another candidate or a new job.

If you are offered to pass a test when applying for a job, do not rush to refuse, fearing that they want 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 set a test period for the newcomer, during which the applicant must prove that he can cope with the assigned duties.

The employer will learn skills that can not always be identified during the interview:

• professional suitability;
• discipline;
• teamwork skills;
• the ability to self-organize;
• initiative.

What does the hired person get? It turns out there are a lot:

• adaptation in the team;
• time for familiarization with job responsibilities;
• choice - stay or leave;
• practical experience, especially valuable for young professionals who do not have experience.

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 issuing a probationary period (Articles 70, 71, 72). Let's consider them further.

Employment contract for a trial period

Perhaps it will 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 fixed in the employment contract or supplementary agreement.

An order for an enterprise to register an 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 has not been legally established!

It is also considered unlawful to include a clause on the verification time in the document of the main or additional agreement already when the hired person has started work.

Remember, a contract for a given period of time is mandatory! But an entry about him in the work book is not made.

Maximum probationary period for employment

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 when concluding a contract for more than 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 verification 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 allowed by law to be established for applicants entering the civil civil service.

But the trial period for (up to 2 months) is not established.

Interestingly, on its own initiative, the employer can reduce the number of test days by designating a separate item in the company's charter, but not increase it. But there are nuances that allow to officially extend the test. More about them.

Probation period extension

The manager 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 by a separate order. It prescribes the reason for the prolongation, indicates the new end date.

If during the interval allotted for verification, the employee was transferred to another position, the test for him continues until the date specified in the agreement.

Remember, time off, sick leave, and vacation during the approbation period do not count! But there is good news for citizens who are interested in the question of whether the probationary period is included in the vacation. Yes, this period is taken into account.

Paying an employee

The rights and obligations do not differ from other employees - to comply with the charter of the enterprise, comply with job descriptions and not violate internal order.

The employer provides the subordinate with a social package and guarantees. Has the right to reward or fine the subject, to issue reprimands or thanks.

Sick leave, overtime and work at the request of management on weekends and holidays are required to be paid.

Often, interns complain that during the test they receive wages less than other employees in a similar position, and some even share their bitter experience that they were not given money and were fired after working off.

Salary during the probationary period should not be less than that of persons with the same responsibilities. Although the employer has the right to introduce an additional position of an intern at the enterprise, then the salary is set not lower than the minimum wage according to the laws of the Russian Federation.

All disagreements and conflict situations, including, can be challenged in court.

Termination, interruption of labor relations

The best option is the approval of the job applicant. If the trial period is over, and the trainee continues to work, he is considered to be enrolled in the state on a general basis (Article 71 of the Labor Code of the Russian Federation).

What if something didn't work?

Termination of the 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 can’t just say: “You don’t suit us!” Everything must be documented.

The relevant party must confirm the notice of refusal to provide a workplace in a written application three days before leaving. The employee does not work for two weeks.

The manager dismissing the subject must present to the latter the facts of inconsistency with the declared position (indicated in the notification). The signature of an employee familiar with the reasons is required.

The notification document also indicates the date of the planned dismissal and compilation. There should be two copies - for each side.
Now the employer has three days to pay wages and compensation for unused vacation.

To avoid disputes arising from time frames, the employer must know the following:

• If you do not notify the employee of your unwillingness to continue cooperation 2 days before the end of the trial period, then it will automatically be considered successfully completed.
• , is equated to a similar one at the initiative of the employer. Study article 81 of the Labor Code of the Russian Federation before announcing the decision to a specialist.
• If an employee is unable to work or is on vacation, dismissal is not possible.

In case of refusal to sign the notification, the employer draws up an act and certifies with the signatures of two witnesses. Disagreement with the conclusions of the head and the dismissal of the subject can prove in court or the labor inspectorate by submitting an appropriate application.

Who does not apply

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 through the competition;
• young applicants employed 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 governments) at a rate.

By the way, the employer is not entitled to not hire, as well as to fire a pregnant woman or the mother of a child under the age of one and a half years - but more on that in.

Almost every able-bodied Russian once has to find a new job. Most of the newly minted workers in their employment contract find a clause on the mandatory passage of a probationary period. Labor law provides for some exceptions. The employing company is in principle deprived of the right to arrange test periods for certain categories of citizens. Unfortunately, not all working citizens are familiar with their rights in the sphere of work, know how to use and defend them. Such situations lead to abuse by unscrupulous employers.

What is a probationary period

The concept of a probationary period is regulated by articles 70 and 71 of the Labor Code of the Russian Federation. The probationary period is the time allotted for the employer to evaluate in practice the professional skills and personal qualities of the newly accepted candidate. The duration of the probationary period may vary and depends on the level of the position for which the employee was hired, as well as on the nature of the work performed. The condition for the presence of a probationary period when applying for a job is mandatory prescribed in the employment contract with the citizen being hired. In turn, the employee also has the right to use this period of test work in order to evaluate factors that are significant for him, for example, working conditions, the mood in the work team, the characteristics of colleagues and immediate supervisor. If one of the parties finds that something does not suit her, the employment contract can be terminated. The initiator of the termination of the contract can be both the employee and the employer.

Video: probationary period for employment

Is a probationary period included in the length of service?

The probationary period is included in the length of service, and a record that the employee has started work for a probationary period is not entered in the work book. After signing the employment contract, the enterprise issues an appropriate order, on the basis of which a standard entry is made in the work book about hiring in a specific position.

So that a newly minted employee can avoid unnecessary worry about whether the probationary period is included in the length of service in each particular case or not, he is recommended to make every necessary effort to receive a signed employment contract in the very first days at a new place.

How is a probationary period different from an internship?

The difference between an internship and a probationary period is the term for concluding an employment contract. In the case of a probationary period, an employment contract is concluded before the start of direct labor activity, and an internship implies that an employment contract will or will not be signed by the parties based on the results of the internship. If the probationary period can be passed by specialists of any level, up to directors and top managers, then internships, as a rule, involve recent graduates who are employed for the first time. There are also internships for employees who have radically changed their field of activity and do not yet have sufficient qualifications in a new type of activity.

The Labor Code of the Russian Federation informs that the employer is supposed to conclude a fixed-term employment contract with the intern. Otherwise, the procedure for passing the internship, as well as its content and the conditions under which the internship is considered successfully completed, are determined individually in each organization. The relevant rules are fixed in the local documentation of the enterprise.

Video: what is an internship

Probationary period

The duration of the entrance examination period may vary depending on the position held, the nature of the work, as well as other internal conditions at the enterprise where the employee is employed.

Maximum and minimum probation period

In most cases, for ordinary positions, the probationary period cannot last longer than three months. Employees recruited to senior positions are subject to close management scrutiny for a six-month period. If a probationary period is included in a fixed-term contract lasting from two to six months, such probationary period may not last longer than two weeks. Periods of temporary incapacity for work for any reason, as well as days on which the employee was absent from the workplace, are not taken into account for the probationary period.

Can the trial period be extended?

In some cases, the employer may take the initiative to increase the length of the probationary period. From the employer's point of view, the need to extend the test period for a new employee may arise if, after the agreed period of work, the employer has not been able to verify that the candidate's qualification level meets the requirements, or if the employer is not sure that the adaptation of the new employee in the team was successful. Regarding the legality of extending the test period of work, there are two opposing opinions.

Supporters of the ban on extending the period under review include, in particular, the Federal Service for Labor and Employment. Such an addition to an already concluded contract will be considered void, since it will mean a deterioration in the position of the employee compared to previously agreed conditions (see Letter of Rostrud dated 02.03.2011 N 520–6-1 and). However, federal laws allow some exceptions to this rule. So, in accordance with the provisions of the Federal Law of January 17, 1992 N 2202-1 "On the Prosecutor's Office", citizens who have entered the service of the prosecutor's office can receive an extension of the probationary period within six calendar months by agreement of the parties. At the same time, an additionally appointed trial period must also be documented and with the consent of both parties to the transaction. Most often, an additional agreement to the main contract is used for this.

Labor law specialists who consider the extension of the probationary period legitimate argue their position as follows. The general rule set forth in Article 72 of the Labor Code of the Russian Federation allows for amendments to certain conditions of an employment contract by mutual agreement of the parties. At the same time, for each of the categories of workers, the maximum duration of labor tests is legally established. Thus, if the employer has received the consent of the employee to extend the probationary period, they can conclude an additional agreement to the main labor contract. The main condition of this agreement will be that the extended trial period will not exceed the terms specified in the legislation for this category of workers.

Early termination of the trial period

Early termination of the probationary period is possible when the employer wants to reward the accepted employee for special success during the test trials. As in the case of the extension of the probationary period, its early termination requires appropriate documentation and the consent of both parties. The employer and the employee enter into an agreement on the early termination of the probationary period (see clarification by the Federal Service for Labor and Employment N 1329-6-1 of May 17, 2011).

In addition, there are a number of other reasons for the early termination of trials. These reasons are not related to the direct results of the employee's activities in the workplace:

• the employee was admitted to study at a higher educational institution;
• the employee found a relative in need of constant care;
• the newly hired employee provided documents confirming pregnancy or the presence of a child under the age of one and a half years.

Features of the installation and passage of a probationary period for certain categories of workers

For some categories of citizens in determining the procedure for passing the probationary period, there are some features. These categories include, in particular, public civil servants, seasonal workers, persons working part-time.

Features of the organization of the probationary period for civil servants are regulated by Article 27 of the Federal Law "On the State Civil Service of the Russian Federation". In the case when a citizen is first accepted into the civil service, the duration of the test period of work for him can vary from one to twelve months. For specialists who already have work experience in state structures, appointed to a new position in the order of transfer from another state organization, the duration of the trial period is from one to six months. From one to twelve months, an employee appointed to such a public position may also be tested, the decision on accepting and dismissing from it can only be taken by the President or the Government of the Russian Federation. If the employer considers the test results unsatisfactory, the service contract with the employee may be terminated. An appropriate written notice indicating the reasons for termination must be received by the employee no later than three days before the date of termination of the contract.

Employment contracts for employees for the season most often differ in short duration. For a contract lasting from two to six months, the period for checking the competencies of an employee cannot exceed two weeks. If the contract is concluded for a period of not more than two months, a probationary period cannot be established in principle.

For persons working part-time, various situations are possible when the appointment of a probationary period is regulated by general rules, as well as when the appointment of a probationary period is in principle illegal. In particular, if an employee is employed part-time in a company that is not his main employer, a probationary period may be assigned to him in this company on a general basis. If the employee plans to combine two similar activities in one enterprise, the appointment of a probationary period will be illegal, since the employee has already proven his competence.

Video: labor rights for pregnant women

Regulation on probation

The legislation does not require the creation of a separate provision on the probationary period, however, many companies practice issuing such a local regulation. This document describes in as much detail as possible the procedure for organizing a probationary period for newly hired employees. In particular, from it you can find out who is obliged to draw up a task for the probationary period, who, in what time frame and by what principles evaluates the success of the candidate in the probationary period, and so on. The following is a sample probation statement.

Regulation on probation. Sample.

1. GENERAL PROVISIONS.

1.1. The probationary period is the last stage in assessing the professional suitability of a candidate for a vacancy.

1.2. The purpose of the probationary period is to check the compliance of the specialist with the activity assigned to him directly in the working environment.

1.3. The probationary period shall not exceed three months.

1.4. The duration of the probationary period is indicated in the employment contract and in the order for employment (Articles 68, 70 of the Labor Code of the Russian Federation).

1.5. The probationary period does not include a period of temporary disability and other periods when the employee was absent from work for good reasons (Article 70 of the Labor Code of the Russian Federation).

1.6. The trial period may be reduced to a duration of at least 1 month. The basis for reducing the probationary period is the decision of the Rector (or First Vice-Rector) of the University, confirmed by satisfactory test results.

1.7. If the result of the test is unsatisfactory, the dismissal of the employee is carried out at the initiative of the university administration without the consent of the trade union body and without the payment of severance pay, with the wording "as if he did not pass the test" (Article 71 of the Labor Code of the Russian Federation).

1.8. If the probationary period has expired, and the employee continues to work, he is considered to have passed the probation. Subsequent termination of the employment contract is carried out only on a general basis (Article 71 of the Labor Code of the Russian Federation).

2. ORDER OF PASSING THE PROBATION PERIOD.

2.1. On the first day after the newly hired employee enters work, the immediate supervisor:

2.1.1. Conducts an informational conversation about the conditions of professional activity (Appendix 3);

2.1.2. Introduces the new employee to the job description. The employee certifies with his signature that he is familiar with the job description, agrees to perform the functional duties listed therein. The job description is issued to the employee. A copy signed by the employee remains with the immediate supervisor;

2.1.3. Introduces the employee to the Regulations on the division and other local acts regulating the activities of the division and the activities of the employee.

2.1.4. Appoints a curator - an employee of the unit who has worked in this position for at least six months or the most qualified employee of the unit, and in the absence of such, supervision is assigned to the immediate supervisor or head of the unit;

2.1.5. If a probationary period is established for an employee accepted for the position of head of a structural unit or vice-rector, then the most qualified employee of this unit or another higher manager, immediate supervisor and head of the unit - the dean of the faculty, vice-rector by affiliation, or the rector of the university can be appointed curator.

2.2. Organization of probation.

2.2.1. Passing the probationary period can take place in one (if, with successful work during the first month of the probationary period, the latter was reduced to 1 month) or two stages (if the probationary period was not reduced).

2.2.2. The immediate supervisor with a new employee, during the first three days after starting work, draw up a work plan in accordance with the job description for the first month of the probationary period (Appendix 1). The work plan of a new employee is approved by the head of the unit, signed by the employee and agreed with the vice-rector for affiliation (rector or chief accountant). The plan must be with the employee and the immediate supervisor.

2.2.3. Three days before the end of the first month of the probationary period, the immediate supervisor, the curator and the employee discuss the compliance of the specific results achieved with the set goals (work plan).

2.2.4. Not later than one day before the end of the first month of the probationary period, the immediate supervisor draws up an informational and analytical note on the results achieved by the employee (Appendix 2) for the first month of the probationary period and gives the conclusion “passed the tests and the probationary period can be reduced to 1 month” or "The test did not pass, the trial period remains the same." If the probationary period does not exceed one month, then a conclusion is given “test passed” or “test did not pass”. The conclusion is agreed with the head of the unit and the vice-rector by affiliation (rector or chief accountant) and transferred to the personnel department for further work.

2.2.5. If the probationary period has not been reduced to 1 month, then at the beginning of the next stage, the employee's work plan for the remaining period is also drawn up in accordance with clause 2.2.2. of this provision. Not later than 7 days before the end of the probationary period, the immediate supervisor, curator and employee discuss the compliance of specific results achieved with the work plan. The immediate supervisor draws up an information and analytical note on the results achieved by the employee for the subsequent stage of passing the test, and gives a conclusion “passed the test” or “failed the test”. The conclusion is agreed with the head of the department and the vice-rector of the affiliation and transferred to the personnel department for further work no later than 5 days before the end of the probationary period.

2.2.6. The original plans for passing the probationary period and information and analytical notes are transferred to the personnel department and stored in the employee's personal file.

Applications:

1. Annex 1. "Plan of the work of the employee during the probationary period."

2. Appendix 2. "Information and analytical note on the results of the probationary period."

3. Annex 3. "Matrix for determining the levels of functional duties."

4. Annex 4. "The scheme of the interview with the employee at the time of going to work."

AGREED:

First Vice-Rector __________________________

Head of Human Resources ______________________

Lawyer _____________________________________

Chairman of the trade union committee of employees _______________

Attachment 1.

"AGREED" "APPROVE"

Vice-rector Head of department

_______________________ ________________________

"____" _______________ 200__ "___" ______________ 200__

Who should not be placed on probation

According to the Labor Code of the Russian Federation, for some categories of working citizens, a probationary period cannot be established in principle (see Part 4 of Article 70 of the Labor Code of the Russian Federation). These privileged categories include, in particular, the following:

• Persons selected to fill a vacant position through a competition held in accordance with the requirements of the legislation or local acts of the enterprise. Appointment of a probationary period under such circumstances may provoke the emergence of labor disputes.
• Women who are pregnant or raising one or more children under the age of one and a half years, while the children can be both consanguineous and adopted.
• Employees under the age of eighteen.
• Citizens entering the first place of work after graduating from a vocational education institution within a year from the date of graduation.
• Citizens elected to elective office for paid work.
• Citizens moving to a new job in the order of transfer from another employer as agreed between the heads of companies.
• Citizens with whom an employment contract has been concluded for a period of not more than two months.

The legislation also provides for other cases of categories of beneficiaries:

• citizens who have successfully completed training and enter into an employment contract with the employer from whom they were trained;
• citizens employed in alternative civil service;
• civil servants appointed to a new position by transfer caused by the liquidation or reorganization of the former employer organization.

If the employer unknowingly established a probationary period for an employee belonging to one of the privileged categories, that is, for an employee for whom a probationary period cannot be established in principle, it is necessary immediately, as soon as the fact of belonging to beneficiaries is revealed, to draw up an additional agreement to the contract on employment, in which to prescribe a condition that annuls the probationary clause. This can be done, for example, when pregnancy is detected in a newly hired employee. Employers should remember that they face administrative and, in some cases, criminal liability for violating the provisions of the Labor Code of the Russian Federation.

Making an employee on probation

When accepting an employee for work with the condition of mandatory passing of a probationary period, the employer must correctly prepare all the necessary documents and include in the employment contract, including a clause on the availability of preliminary tests for a newly hired employee. Otherwise, labor disputes and litigation may arise.

How to draw up an employment contract with a trial period

The employment contract must contain a clause stating that the employee will have to go through a probationary period to confirm qualifications. There can be no separate contracts for a trial period. Some employers offer to sign an internship agreement first. Such behavior is a sign of dishonesty of the employer. According to the law, an employment contract must be prepared no later than three days from the date of entry to work. A sample employment contract with a three-month trial period is easy to download from the link.

Video: Popular probation questions

Liability agreement for the period of probation

During the probationary period, the provisions of the Labor Code of the Russian Federation and other regulatory legal acts that determine the norms of labor law apply to the employee. Accordingly, an agreement on liability can be concluded with an employee already during the probationary period, if there is such a need and the position falls into the list of positions for which the conclusion of such an agreement is mandatory.

Assignment for probation

The probation assignment serves several purposes. First of all, a specifically formulated task helps a new employee to better understand their tasks in a new place and get up to speed. On the other hand, the company uses this task to assess the level of professionalism of a newly hired specialist. The fact is that it is impossible to dismiss an employee who has not coped with the test period without a clear evidence base and documentary evidence of his incompetence, therefore, the assessment of the performance of an employee during a trial period in the employer company should be taken very seriously.

The content of the test task may be different depending on the nature of the work. Such a task may include both the requirement to follow the most detailed instructions, for example, for working with a cash register, and leave room for creativity. In general, it is recommended to include in the task the most significant points for this position and for the company as a whole. A sample assignment for a trial period is shown in the illustration below.

The task for the probationary period may include those items, the implementation of which is most significant for management.

Features of establishing a probationary period when transferring to another position

When transferring to another position, a probationary period may be established if the duties to be performed by the employee in this new position are fundamentally different from his previous activities within the company. Unfortunately, a situation is common when an employee is offered to undergo a probationary period when being transferred to a higher position. It is important to know that such behavior of the employer is not legal. The trial period, according to the Labor Code of the Russian Federation, is not mandatory and can only be assigned to new employees. An employee who has received a promotion can be returned to his previous position or dismissed if the fact of his inconsistency with the new position is revealed.

The result of the probationary period and its staffing

After the parties sign the employment contract, which states that the employee is accepted subject to the probationary period, the personnel department of the enterprise issues an appropriate order. At the end of the probation period, the company issues special documents confirming the success or failure of the new employee to pass the test period.

Probation period report

Many enterprises today have adopted the practice of creating a final report on the passage of a probationary period by an employee who has passed the test. In such a report, the employee discloses the following questions:

1. the difficulties and problems that the employee encountered in the course of work, the ways in which he tried to solve them;
2. which of the assigned tasks the employee was able to complete;
3. what tasks the employee failed to cope with during work and for what reasons;
4. What did the employee learn during their work?

A detailed report will help both the employee and his immediate supervisor to better analyze the work. It is recommended to draw up a report not on the last day of the probationary period, but in advance. In this case, you can find weaknesses in the work and have time to eliminate them before a decision is made. The illustration below shows an example of a report on the work in the test period.

Reports can be formatted in a variety of ways.

Characteristics of the employee after the verification period

The characteristic of the employee is the immediate supervisor or mentor who worked with the new employee during the trial period. This document indicates that the specialist knew and was able at the time of taking office, what tasks were assigned to him for the trial period, how he showed himself in the course of performing work tasks, what strengths and weaknesses of the personality he demonstrated. The characteristic ends with general conclusions, forecasts and recommendations.

Conclusion on passing the probationary period

Some companies have adopted the practice of collegial decision-making on the passage of a probationary period. An assessment of the employee's qualifications and his achievements is requested from all specialists and managers with whom he dealt during the test. The final decision is made by the immediate supervisor, but this practice allows you to take into account the whole range of opinions and get a complete picture of the new employee. The documented decision is called the conclusion on the passage of the probationary period.

The conclusion can be drawn up in the form as it is accepted at a particular enterprise.

Order on the end of the probationary period upon successful completion

The issuance of an order to end the probationary period upon successful completion is not mandatory. The employee simply continues to work at the enterprise further.

Actions of the employer in case of failure of the employee to pass the probationary period

The reasons for not passing the probationary period may be different. An employee, from the point of view of the employer, may not confirm his level of qualification, may not find a common language with colleagues, may violate labor discipline or provoke some unpleasant situations for business. In any case, an employer cannot fire an employee simply because he does not like him in some way. Dismissal during the probationary period must be supported by objective facts and documentary evidence confirming that the employee really cannot cope with the activities entrusted to him. Such documentary evidence may include a task plan for a trial period, a report on the passage of a trial period, memorandums from the immediate supervisor, feedback from colleagues and clients. It is very important not only to explain to the employee why the probationary period has not been recognized as passed, but to get his agreement with these explanations. Otherwise, the dismissed employee may file an application with the court. If the company fails to correctly justify the decision to dismiss, the employee will have to be taken back, and all expenses incurred by him will be compensated, including the lost wages for the period when the employee was considered dismissed.

In case of dismissal due to a negative test result, the employee receives a corresponding notification three days before the dismissal. In some cases, by agreement with the employer, dismissal can occur on the same day, that is, without any working off.

Video: dismissal upon failure to pass the probationary period

What rights and obligations does an employee have during the probationary period?

The rights and obligations of an employee accepted under the condition of passing a probationary period are regulated by the Labor Code of the Russian Federation and are no different from the rights and obligations of other working citizens. The probationary worker is entitled to the following preferences:

• timely payment of wages, bonuses, allowances for overtime work, as well as other incentive payments, if any are provided for by the terms of the contract;
• access to sick leave and receiving insurance payments during a period of temporary disability.
• the use of unpaid leave at its own expense or the use of days on account of future leave, while the employer has the right to refuse to grant leave in accordance with the law (if the decision does not run counter to Article 128 of the Labor Code of the Russian Federation);
• receiving up to five unpaid days off at the birth of a child;
• voluntarily dismissal at any time before the end of the probationary period.

New employee responsibilities include:

• fulfillment of the terms of the employment contract;
• performance of work obligations in accordance with the job description;
• compliance with the requirements of labor discipline and the internal regulations of the employing company, as well as fire safety requirements.

Is it possible to take sick leave or vacation during the probationary period?

An employee on probation has the right to take sick leave during a period of temporary disability. With the permission of the head, during the probationary period, you can take a vacation at your own expense, as well as a vacation on account of a future paid vacation. This time is not included in the probationary period and upon returning to the workplace, the countdown of the days of the probationary period resumes.

The amount of sick leave payment is determined based on the length of service of the employee and from this average daily earnings. The accounting department can find out the length of service from the work book, and earnings are affected by both the salary at the current job and payments at the same place, which are easy to assess using the 2-personal income tax certificate.

An employee who is on sick leave and wants to quit the probationary period must first close the sick leave. Dismissing an employee while he is on sick leave is illegal. In addition, the employer is obliged to pay the hospital employee for another 30 days from the date of dismissal, provided that the employee has not found a new job during this time.

Is it possible to fire a pregnant employee on probation?

The dismissal of an employee who, during the probationary period, discovered that she was expecting a child, is illegal if it occurs at the initiative of the employer. A pregnant woman can only be fired at her own request. Moreover, the very appointment of a probationary period for a pregnant employee is illegitimate. Upon confirmation of the fact of pregnancy, the probationary period must be canceled by an additional agreement to the concluded employment contract.

Salary on probation

An employee on a probationary period is entitled to a salary, from which the employer is obliged to pay all mandatory taxes to the budget, including income tax. Many Russian enterprises are trying to evade paying taxes by offering only part of their salary payments in "white" money with official registration. Unfortunately, employees often agree to such unfavorable conditions for them. Many employers also offer a reduced salary for a trial period with the promise of a pay raise upon successful completion of the trial period. From the point of view of the Labor Code of the Russian Federation, such an offer is also not legitimate, but rarely any of the employees decides to enter into conflict with the employer for this reason.

Video: probationary salary

Pros and cons of the probationary period for the employee and for the employer

The probationary period is provided for by law so that both parties involved in the conclusion of an employment contract have the opportunity to evaluate each other and, if necessary, part with minimal losses. This opportunity can be considered an absolute plus for both the employee and the employer. Upon dismissal from a probationary period, an employee is not required to work for two weeks, and the employer has the opportunity to evaluate the qualities of a candidate not only from his words at the interview, but also in practice.

Among the disadvantages for the employee is the fact that many employers offer a reduced salary for the period of the probationary period. On the other hand, the employer bears an increased burden caused by the need to allocate additional resources to introduce a new employee to a position and test his skills and abilities.

When working in a test mode, an employee may experience some psychological discomfort, since the result of his actions determines his future in this job. The employing company, concluding an agreement with a new employee, always runs the risk of getting litigation upon dismissal under Article 71 of the Labor Code of the Russian Federation.

In general, the balance of positive and negative aspects of the application of the probationary period allows both parties to use it with the greatest benefit for themselves.

The requirement to pass a probationary period for employment in Russian companies is not mandatory. from the point of view of the Labor Code of the Russian Federation. However, many employers are happy to use this opportunity to properly study a new employee, as well as save some money on his salary, at least in the first months of his work. Employees take this requirement for granted and do not try to dictate their terms to the employer. Thus, the very concept of a probationary period has firmly entered the practice of work and is actively used throughout Russia.