Probation period in the Labor Code of the Russian Federation. Registration during the probationary period

A probationary period is a working period during which the employer and employee have the opportunity to finally take a closer look at each other and decide whether it is worth continuing cooperation. Moreover, although it seems that the final word here remains with the employer, the employee can also change his mind during the probationary period, so it is probably worth drawing the conclusion that establishing a probationary period is beneficial to both parties to the employment relationship.

Legal norms

The norms and nuances of the probationary period are stipulated in the articles of the Labor Code Russian Federation:

• 70 “Test for employment”;
• 71 “Result of the test when applying for a job.”

Some features of the test setup for state civil servants are specified in the Federal Laws of the Russian Federation.

Determination of probationary period

As mentioned above, probation- a period during which the employer can determine whether the employee is suitable for him, and the employee can finally decide whether such work and such a team suit him. The probationary period is no different from the normal work process, with the exception that both parties to the working relationship are closely examining each other, and during this period there is a simplified dismissal procedure in terms of working out. This is where all the differences with the normal labor process end - an employee undergoing a probationary period is subject to the same requirements and guarantees as all other employees of the enterprise, according to their positions and standards labor law And internal documents enterprises.

Documentation of the probationary period

Probation period - part labor process Therefore, an entry must be made in the employment contract that the employee is hired on a probationary period. If such a record was not made, it is considered that the employee was accepted without any tests, even if after a couple of days or a week the employer comes to his senses and decides to formalize the test. It is illegal to do this.

The probationary period must be established with the consent of the employee, and the employee must know its duration and the nuances of completion. Information about the duration of the probationary period is duplicated in the employment order - the dates of the probationary period in the employment contract and the employment order must match.

IN work book information about the completion of the probationary period is not recorded, except in cases where the employee is dismissed as having failed the test. The end of the probationary period in other cases - when the employee successfully copes and is left on the staff of the enterprise - is not documented in any way, because the employment contract already states that the employee has been accepted, and the dates of the duration of the probationary period indicate its completion.

Probationary period regulations

In order for each employee to understand what his responsibilities are during the probationary period, and also to be sure that his rights are protected, it is possible to further develop and approve the Probationary Period Regulations.

The probation period must contain:

• general provisions - which stipulate the duration of the probationary period, its goals and objectives, and may refer to legal norms;
• the procedure for passing the test - which indicates the nuances of passing the probationary period at a given enterprise: work plan for the probationary period, assigning a supervisor to the employee, the procedure for submitting reports, the form of the conclusion on the test results, etc.;
• the result of passing the test - where they indicate the procedure for making a decision on the results of the probationary period.

An employee of the enterprise must be familiar with this Regulation.

Probation plan

Of course, it is more convenient to evaluate an employee’s performance when there are certain criteria, for example, if the employer has established what work shift a certain quantity of a certain quality product must be produced. For the employee, for his part, it is also more beneficial to have a clear plan during the probationary period, since if a decision is made that the employee did not cope with the test, having precise criteria in hand, it will be easier to appeal it in court.

Of course, the tasks for the probationary period set out in the plan must be precise, the criteria for their evaluation should not allow for ambiguous interpretation if some problems arise during the probationary period. Additional tasks, they must be included in the plan.

p>The plan must be signed by the head of the enterprise and provided to the employee for review.

In general, it is in the interests of both the employee and the employer to record literally every step on paper and certify with signatures - this allows you to avoid unpleasant conversations with labor commission and other regulatory authorities.

Probation period report

At many enterprises, based on the results of the probationary period, the employee is required to write a report. As a rule, enterprises have a list of issues that the employee needs to disclose in his report, for example:

• what difficulties he encountered during the probationary period and how he solved them;
• what innovations he can bring to his work and to the work of the unit;
• what tasks the employee learned to cope with during the probationary period;
• what tasks the employee failed to cope with, why and how he plans to cope in the future.

The report is usually prepared in free form in compliance with business style on standard A4 sheets.

Conclusion on passing the probationary period

At the end of the probationary period, the employer, if described in the Probationary Period Regulations, writes a conclusion on the results. This could be a separate order, analytical note, commission act, etc. If a supervisor was provided to the employee during the probationary period, such a conclusion is drawn up by him. The enterprise may have a specially designed form for the report, or the conclusion may be drawn up in any form.

In the conclusion on completion of the probationary period, it is necessary to indicate, for example, such criteria and their assessment as:

• professional competence;
• obligation;
• diligence;
• ability to plan;
• workflow optimization;
• quality of work performed;
• compliance with labor discipline;
• employee achievements;
• skill to work in team.

Based on this conclusion, it can be concluded whether this employee to the enterprise. The employee must be familiar with the conclusion against signature, especially if we are talking about the dismissal of the employee for not completing the probationary period.

Order to end the probationary period

In the event that the employee has successfully completed the probationary period, no additional documents not required - the employee simply continues to work as he worked before, by default it is considered that he has coped with it.

In the same case, when the employee did not cope with the test, he must be dismissed at the end of the probationary period. To do this, it is best to first draw up a conclusion about the results of completing the probationary period, familiarize the employee with it against signature, and if the employee refuses to sign, draw up a corresponding report in the presence of the appointed commission.

After which the company issues an order to dismiss the employee due to the fact that he has not completed the probationary period. The basis for the order is an employment contract, which states the condition of completing a probationary period, and a conclusion on the results of the test or an act of the commission.

What are the benefits of a probationary period?

Despite the fact that the probationary period is the same part of the work process as regular working days, and the employee is subject to all the rights and obligations provided for by the labor code and internal documents of the enterprise, during the probationary period there is one significant nuance that makes it attractive and for the employee and for the employer. We are talking about dismissal during the probationary period.

Under normal circumstances, dismissal at the initiative of the employer is almost impossible, especially if a permanent employment contract is signed. After all, first you will have to prove the employee’s dishonesty or wait for an opportunity to liquidate the enterprise - which, you see, is not worth such effort if we are talking about one working unit.

If an employee is undergoing a probationary period, and the employer sees that he cannot cope, the employee can be dismissed not only as having failed the test at the end of the probationary period, but also in the midst of the process at any time. To do this, the employer must only notify the employee of dismissal in writing, against signature, three days before the date of dismissal. It is best to prepare a conclusion on the unsuitability of the employee for this, since such dismissal can be appealed in court.

Dismissal at the end of the probationary period or in the middle of it is not agreed upon with the trade union committee and does not imply payment of severance pay, which, of course, is also very convenient for employers.

The employee, for his part, in the event of dismissal under normal circumstances, must work for at least two weeks, and work during the probationary period is only three days. Therefore, for some reason, it is also more profitable for an employee to get a job with a probationary period than without it, despite the fact that many are worried about how a record of such a short-term job will look in their work book or resume.

How long can the probationary period last?

According to the law, the average length of the probationary period is three months. At the request of the employer, the probationary period can be set for just a month or two months. But it’s better to take as much time as possible, since you can always complete the test ahead of schedule, but extending the probationary period is prohibited by law.

In some cases, the length of the probationary period varies.

1. For employees with whom an employment contract has been signed for a period of two to six months, the probationary period must be set at two weeks.

2. For civil government employees, the probationary period is set to last from six months to a year, in some cases – for the same three months.

3. For heads of enterprises, branches and various divisions, the probationary period can be set from three months to six months.

It must be taken into account that only those days when the employee was present at the workplace are counted in the probationary period. Therefore, for example, sick leave during the probationary period or military training does not count towards the general term. That is, an employee who has a probationary period from May 5th to June 5th, who was sick for four working days during this period, will have to work on the probationary period until June 9th. Extension of the probationary period due to the employee’s absence from the workplace is formalized by an order, to which the relevant documents confirming the employee’s absence are attached. And this the only case when it is allowed to extend the probationary period.

Prohibition on setting a probationary period

Labor legislation provides for a certain category of citizens for whom a probationary period is not established. These include:

• pregnant women;
• minors;
• employees hired for transfer between enterprises or divisions;
• young specialists accepted into their specialty within a year after graduation;
• employees in elected positions;
• employees who won a competition for a position;
• temporary workers whose employment contract is signed for a period of no more than two months.

In some cases, pregnant women or employees hired by transfer may still be subject to a probationary period - we are talking about the civil public service.

Guarantees for employees during the probationary period

We must not forget that the law guarantees employees on a probationary period equal rights with other employees. This applies to all the nuances of the work process. For example, pay during the probationary period should be the same as for other employees in this position. If the employer pays the employee less during this period, he violates the norms of the Labor Code. It is strictly prohibited to describe in the Probationary Period Regulations or Employment Contract that during this period the employee will be paid less.

How to get hired with a probationary period? The probationary period is a period of time during which the parties evaluate each other. After signing necessary documents, the employee was hired for a probationary period.

The employer evaluates the subject as a future employee: his qualifications, accuracy and quality of duties performed, disciplinary behavior.

During the test, the subject can also draw conclusions about working conditions, requirements for tasks performed, and meeting deadlines for paying wages.

The testing time is included in the total length of service; during this period, no rights of the test subject should be infringed. All conditions provided for other employees also apply to the subject. This also applies to wages.

The probationary period allows, in case of poor performance of one’s duties, to terminate the contract with the subject before the end of the inspection without additional payments. But the main thing is that when applying for a job with a probationary period, the documents are drawn up correctly. Is the employment contract concluded for a probationary period?

When adding a newcomer to the staff of an enterprise, the following basic documents are drawn up::

• Application for a job with a probationary period;
• employment contract with a probationary period;
• order of admission with a probationary period;
• registration of the probationary period in the work book.

Only if all these documents are completed correctly, if the work performed is poor during the inspection period, the subject can be fired without any legal proceedings.

In accordance with Article 70 of the Labor Code, a probationary period is not a prerequisite for employment.

The person being issued has the right to refuse it.

In such a situation, it is either accepted without verification, or simply refused to be processed.

Let's take a closer look at the following questions: how to arrange a probationary period and is an entry made in the work book during the probationary period?

Application for a job

The first step in hiring an employee for a probationary period is to draw up an application for a probationary period.. It is usually written in free form. The inclusion of test period language in this document is in good faith of the applicant.

The application is drawn up in the name general director enterprise, indicating its full name, position and name of the organization. Next it is written from whom this document is being sent.

The text of the application must indicate the position for which the applicant is being accepted and the service or department where he is applying. Then the applying employee can write that he is being accepted on a probationary period, indicating its duration.

Moreover, this duration cannot be set longer than the period prescribed by law: for ordinary employees, employment with a probationary period of 3 months is the maximum.

Employment contract with a probationary period upon hiring

Is an agreement drawn up for the duration of a probationary period and how to draw up an employment contract with a probationary period (sample below)?

An employment contract with an employee for a probationary period is the most important link when registering for work ().

When it is drawn up for a newcomer undergoing testing, the text of the document includes a clause on the verification period under Article 57 of the Labor Code.

The main condition of the employment contract during the probationary period is bilateral consent.

When registering fixed-term contract The inspection period under Article 70 of the Labor Code cannot be declared more than three months for ordinary employees and six for management personnel. In this sample employment contract with a probationary period of 3 months, the following is written:

An employee is hired as an engineer. The beginning of activities is counted from “__” _______ 2016.

This document determines the execution of a probationary period of 3 (three) months from the date of hiring. A positive mark of passing the test is considered to be the high-quality performance of the duties recorded in the job description.

In case of dishonest work, the contract is terminated at the request of the employer in the form of a written notice three days before the termination date.

The conditions of the probationary period must be specified in the regulations on passing the test; it stipulates the conditions and criteria for assessing the subject.

If there is no mention of the verification period in the document, it is considered that the newcomer is enrolled without verification.

The probationary period for a fixed-term employment contract (employment with a probationary period of six months) should not be more than two weeks.

For persons signing a contract for 2 months, no check is introduced.

In all other cases of fixed-term contracts, the period remains the same as for open-ended contracts.

If for some reason the document did not contain wording about passing the test, then after the employee began performing his duties, it is no longer possible to change or add an entry about the test in the document.

The practice is considered incorrect when a document confirming passing the test is signed after working in a new place for several days.

Order

After drawing up an employment contract, an employment order is generated. It contains a record of the test and indicates its duration, if such a note is included in the contract. If it is not included in the contract, the inspection note is not included in the order.

The employee was enrolled as of “__” ______ 2016 as an accountant with a salary according to the staffing table in the amount of ______ rubles.

With a trial period of 3 (three) months.

Grounds: Employment contract No. __ dated “__” _______2016.

Filling out a work book

Is an entry made in the work book during the probationary period?

Is the probationary period included in the work book?

During the probationary period when hiring, no entry is made in the work book..

A standard phrase about applying for a job is formulated. When dismissal (at the initiative of the employer) during the probationary period, the following entry is made in the employment record: “dismissed due to at will».

If the termination of the contract occurs during an inspection at the suggestion of the employer (), then the following entry is made:

Dismissed due to unsatisfactory test results in accordance with Article 71 of the Labor Code of the Russian Federation.

Important: The Labor Code uses the term “test” and not “probationary period”. In order to avoid any discrepancies with the wording of the law, it is better to make an entry in official documents with the word test.

With test without registration

If an employee is on a probationary period without a contract, then he is considered enrolled without any tests.

Hiring with a test must be documented. Moreover, when concluding an employment contract for a probationary period, the consent of the hired employee is required.

Without this, this paragraph is not included in any document. A person applying for a job indicates his consent to verification by making an entry in the application for employment he draws up and by signing in the concluded employment contract.

If a new employee begins to fulfill his job responsibilities, then it is impossible to add a line about testing after the law. Only if the documents are correctly drawn up and the wording about the verification period is included in them, no discrepancies will subsequently arise in conflict situations.

Probation - handy tool preliminary assessment. The employer gets the opportunity to check the selected employee, his professional and personal qualities. And the applicant will have time to take a closer look at the new place: the conditions, the team and the availability of further prospects.

So that the trial period is productive and does not cause controversial situations, the parties must discuss the terms of passage and registration issues.

What is a probationary period according to the Labor Code of the Russian Federation?

The regulatory basis for passing the inspection is two articles of the Labor Code:

1. №70 - "Test for employment."
2. №71 – “Result of the test when applying for a job.”

From the point of view of the law, a probationary period is the period during which the employer can dismiss an employee under a simplified scheme: there is no need to detain the employee for two weeks, plus the decision to dismiss does not need to be agreed upon with trade unions.

A citizen on probation can also initiate early termination of cooperation. Both parties are required to give 3 days notice of their decision. In all other aspects, the passage of the trial period is no different from the normal work process. The new staff has all the rights and responsibilities of a staff member.

Design nuances

Sometimes applicants mistakenly believe that the employer is guided only by oral agreements. In fact, in order to have the advantage of simplified dismissal, the organization has to complicate the process of recruiting personnel:

• The employment contract must contain a special clause clearly indicating the end date of the test.
• Additionally, a Regulation is drawn up, which specifies the conditions for passing the probationary period, as well as specific criteria by which the candidacy will be evaluated.
• Second copies of documents are issued to the new employee. The employee's signature is required, confirming that he has been familiarized with job descriptions, standards and internal rules.

Dismissal procedure

An enterprise has no right to refuse an employee without reason. All arguments are documented and previously agreed upon in the Regulations.

It is advisable to keep a special log during the verification period. It notes both positive and negative indicators of the candidate:

• implementation of plans;
• compliance with job descriptions;
• facts of violation of discipline (for example, being late or smoking, if this is prohibited by internal regulations);
• conflict (complaints from colleagues), etc.

An employee has the right to be interested in the contents of the book and ask clarifying questions to the curator.

If the employer decides to fire the subject, it is necessary to prepare written notice and hand it over no later than 3 days before the deadline. The document must be accompanied by compelling reasons for refusal (at least three):

• journal entries;
• reports from immediate supervisors;
• acts of acceptance of work or goods;
• customer complaints, etc.

Within three days from the moment the employee reads the notice, the company issues a dismissal order and closes its block in the work book with the entry “due to unsatisfactory results.” In this case, a reference to Article 71 must be indicated. Labor Code RF.

On the last working day, the employee is given his work and pay slips. Severance pay not paid (Article 71, Part 2).

Legally, the listed actions are sufficient to remove all claims from the enterprise and prevent litigation.

How to avoid an unpleasant entry in your employment record

The main advantage of a probationary period for an organization is the ability to quickly eliminate a negligent employee if he suffers because of it manufacturing process. After all, it is not always possible to understand in advance whether a person is sufficiently qualified for a particular position, even after a long and thorough interview.

In this regard, many applicants are afraid to agree to a probationary period, thinking that this will ruin their work record. In fact, a record of a candidate's failure to pass the test appears only in extreme cases.

Practice shows that usually all disagreements are resolved peacefully. To do this, the parties agree on the nuances in advance and record them in the Regulations.

For example, if a candidate fails to cope with his responsibilities, the employer warns of his intention to fire him. It gives the employee the opportunity to familiarize himself with the preliminary results within 24 hours and write a statement of his own free will. In this case, the labor office is closed as usual.

This state of affairs is also beneficial to the entrepreneur himself, as it frees him from additional formalities.

Duration and extension of time

The end date of the test is clearly stated in the employment contract and has its limitations:

• The standard probationary period may be from two weeks to three months.
• The employer has the right to establish more long time(up to six months) for chief accountants and management positions.
• The verification period cannot exceed two weeks for employees hired under a temporary or fixed-term contract. If the contract is concluded for a period of less than two months, the trial is not assigned at all.
• Civil servants, as well as persons appointed to responsible government vacancies, may be tested for a year.

Both the employer and the employee have the right to interrupt the verification process ahead of schedule by giving 3 days’ notice. And here neither party can extend the trial(except for situations where the subject went on sick leave).

There are times when an enterprise, having become convinced of the employee’s value before the deadline, takes the initiative to cancel the test. If the candidate does not object, an addition to the employment contract is drawn up. If the period has come to an end and no applications or notifications have been received, the person is automatically considered permanently enrolled.

Who is not eligible to offer a test?

The most important condition of the probationary period is the consent given by the applicant. In addition, there are preferential categories:

• pregnant women or with children under 1.5 years of age;
• minors;
• young specialists who have graduated educational establishments according to their profile and proposed their candidacy in the first year after receiving their diploma;
• applicants who have passed the competition test;
• employees who entered the translation company;
• seasonal workers who have entered into a contract for a period of up to 2 months.

The listed persons are not offered a probationary period. An exception is the hiring of civil servants. In these cases, special categories may be assigned a verification period of up to three months.

Is it possible to take sick leave?

According to the Labor Code of the Russian Federation, employees, regardless of whether they work on a permanent basis or not, have all social rights. This also applies compensation payments for temporary disability.

Anyone can get sick. If such a nuisance happened during the probationary period, the procedure for registering sick leave remains normal. On the first day, you need to notify management (you can by phone), see a doctor and open a sick leave.

On the last day of illness, it is necessary to issue a certificate in the following manner:

• on a special hospital form;
• with the seals of the doctor and the medical institution;
• indicating the name of the enterprise and position (there is no need to mention the probationary period).

Upon returning to work, the person is provided sick leave to the HR or accounting department.

Compensation is calculated according to the minimum wage system or on the basis of salary certificates at previous places of work for the last two years.

If a candidate goes on sick leave, the probationary period is automatically extended by the number of days missed.

Can wages be lower?

During the test, the candidate cannot establish a payment less than that provided for the position in the staffing table. A pay cut based on an “internship” is considered illegal.

If an employee fulfills his duties in full, in addition to his salary, he is also entitled to allowances and bonuses provided by the enterprise (for example, for fulfilling the plan).

Options are allowed when an additional agreement is signed with an employee, according to which he receives only a salary, but performs only part of his duties (while he is getting used to new job). As the volume of work increases, so does the additional payment.

Is experience taken into account?

According to Article No. 16 of the Code of the Russian Federation, an agreement must be concluded with an employee authorized to perform work at the enterprise. During the first five days, an order for appointment to a position is issued and an entry is made in the work book.

This also applies to new employees whose contract contains a clause on completing a probationary period. Articles 70 and 71 relate only to special conditions for accelerated dismissal, but do not in any way affect the infringement of human rights.

All days of testing are included in the total length of service. The employer does not have the right to draw up a contract retroactively.

Whatever the final results of the probationary period, whether the person remains in the organization or not, he has the right to official employment and the use of all rights provided for by the Labor Code of the Russian Federation.

Video about testing candidates

The video provides details on how to correctly set a probationary period for a job applicant:

The term “probationary period” is familiar to everyone who has ever applied for a job - this is the employer’s legal right, over a certain period of time, to evaluate the professionalism and knowledge of a potential employee. The trial period lasts from three months to six months; the duration of the period is necessarily 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 according to 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 to assess the employee’s suitability for the position for which he is applying. At the same time, the terms and duration of the trial are specified in the employment contract itself.

Employment test

The procedure for testing a potential employee when applying for a job expresses quite legal right the employer to determine his professional skills and suitability for his position. It is important to remember that this is not mandatory, but additional condition a 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 employee’s qualifications, there is no talk of any probationary period.

Probationary period when concluding an employment contract

It is worth remembering that an employee on probation is an equal member of the team, this is expressed in the fulfillment of his rights, as well as in payment wages. Many employers strive to offer applicants for a position a small salary. The Labor Code does not stipulate any special payment conditions for this case, but it is not directly prohibited from setting a lower salary for this time.

Registration procedure

All conditions are specified in the employment contract, which the company must conclude with the employee. Indicated exact date the beginning and end of the trial period (from 01/01/2002 to 01/04/2002) or its duration (two weeks, three months). Do not forget that the employment order must indicate that the employee will be subject to verification of his suitability for the position held. One copy of the work contract is given to the employee.

Who should not be given a probationary period?

Employment under a probationary period is prohibited for a certain category of persons, which include:

• those who were selected for the position through a competition, in accordance with Russian legislation;
• pregnant women soon going on maternity leave;
• minor citizens;
• graduates of universities and other educational institutions for whom this is their first job;
• if the employee is elected to the selected paid rate;
• when transferring from another organization, for example from Moscow.

The law defines other conditions under which an employer does not have the right to impose a test for a vacant position:

• for temporary employment for up to two months;
• in the case where the employment contract is concluded before the completion 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 Federal significance and everyone who came to the customs service through a competition.

Duration of probationary period upon hiring

The standard probationary period for employment is three months. Workers senior management– managers, chief accountants, financial directors, and their deputies can undergo a professional suitability test for up to six months. Another case is fixed-term employment contracts for a period of up to six months. Then this period should not exceed two weeks.

Minimum

The minimum probationary period for employment lasts two weeks in the case of a fixed-term employment contract (up to 6 months). When concluding a regular contract, the employer himself sets the duration of the labor test - from one to three months, depending on the position held. For senior managers this is three months. At the request of the employer, the duration of the work period can be reduced.

Extension of probationary period

The duration of the labor test is fixed in two fundamental documents - the employment contract and the employment order. There are cases when the probationary period can be extended: employee illness, time off, specialized training. Only these reasons can justify an extension. The employer issues an additional order indicating the period for which the test is extended and the valid reasons that served as the basis for this.

Maximum probationary period according to 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 maximum term The pre-employment test lasts six months. These deadlines are prescribed in the Labor Code of the Russian Federation.

Early termination

The main reason for early termination of an employment contract is successful completion of the test. The employer issues an order for early termination of the test, which details the reasons for its termination. An employee can write a letter of resignation from the company if the position in which he worked did not suit him. Does the employer have the right to terminate the labor test early if the employee’s performance is unsatisfactory? Yes, but everything must be formalized according to the law (appropriate order), and the employee must be warned in advance..

Rights of an employee during a probationary period

Labor legislation clearly states that an employee who is on probation has exactly the same rights and responsibilities as other employees of the enterprise. This applies to wages, receiving bonuses, and establishing social guarantees. The candidate has the right to appeal in court any actions of the employer that infringe on the rights of the employee, including in relation to early termination labor contract.

Is it possible to take sick leave?

An employee who is on a probationary period has the right to take sick leave, the calculation of which will be calculated based on his average daily earnings. During sick leave, the period of labor probation is not counted; it resumes its effect when the employee returns to his place of work. In the event that an employee terminates cooperation with the employer (regardless of the reason), the employer is obliged to pay sick leave.

How is the salary determined?

An employee on a probationary period is subject to labor laws. This means that his rights should in no way be less than those of the main personnel. The salary must be set according to the staffing schedule. This can be bypassed by simply entering staffing table reduced salary for “assistant managers” or “assistants”, its size can be any, but not less than one minimum wage (minimum wage). The employer is obliged to pay sick leave, overtime, work in holidays and weekends.

End of probationary period

Let us immediately note that there is a situation when it is impossible to dismiss an employee after a probationary period: when during this period of time the employee became pregnant and brought the relevant 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 included in the staff according to the job description;
• negative – the employing company 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 probation is always documented in as much detail as possible, because there is a good chance that the employee will consider such actions unlawful and will sue the employer. This can be avoided by proving that the employee violated work rules, safety regulations, did not follow instructions, was absent without good reason. When hiring, it is necessary to receive a written notification from the employee with his signature that he was aware of all the internal regulations of the employer.

Video: working with a probationary period

Recruiting personnel for any organization is an important and very difficult matter. Employers often maintain entire HR services, create their own system for searching and evaluating applicants, and turn to professional recruitment agencies, but these measures do not always give the desired result. Even multi-level interviews and the presence of recommendations from the candidate cannot guarantee that the potential employee has the necessary competence, discipline and other characteristics that carry the greatest weight in the eyes of the employer. As you know, it is quite difficult to fire a person on the initiative of the employer. And so that the company can easily get rid of a newly hired employee who turned out to be not so good, labor legislation allows him to be placed on probation.

The trial period is a unique opportunity for the administration and colleagues to take a closer look at the newcomer, evaluate his professional and personal qualities, on the basis of which they can make a decision on further interaction. At the same time, the employee himself tries himself in the business, tries to join the team and checks to what extent the working conditions promised at the interview correspond to reality. Having realized that this is “not his” place, he has every right to quit within 3 days and not waste his and other people’s time on unpromising cooperation. Thus, the candidate will be able to immediately start looking for more interesting offers, and the former employer will be able to select a suitable applicant.

True, break labor Relations it is not so easy with an employee who does not believe that he has failed the test. The organization's decision to part with such an employee must be justified and supported by relevant documents. It is important to strictly follow all procedures related to the probationary period - this will avoid problems with the dismissal of a careless newcomer.

Assignment of probationary period

An applicant is admitted for a probationary period only with his consent. This condition must be present in the employment contract, otherwise the employee has every right to begin his duties immediately as a “full-fledged” employee.

According to the letter of the law, the establishment of a probationary period is possible only at the time of employment. A retrospective test cannot be ordered when new person has already taken office and started working. There is also a ban on testing for “old-timers” who are transferred to another job, even if the new position is a leadership one. Promotion or transfer of an employee on probation to another position means that the test was completed successfully and completed ahead of schedule.

There are a number of persons for whom the Labor Code of the Russian Federation prohibits establishing a probationary period. These include:

• minors;
• pregnant women and women with children under 1.5 years of age;
• graduates of universities and colleges applying for a job in their specialty for the first time within a year after receiving their diploma;
• winners of the competition to fill a vacant position;
• entering into elective office;
• those who came on transfer from another job;
• those entering into a short-term employment contract (up to 2 months);
• other categories of employees, established by legal norms and the provisions of the organization’s collective agreement.

An employer who has established a probationary period for the above-mentioned persons may incur administrative liability up to and including suspension of the enterprise's activities, but such punishment is not always applied. The fact is that the organization’s responsibilities do not include establishing the “benefits” available to the employee during the probationary period. If on the day of registration for a job the applicant has not presented supporting documents to the personnel service, then the test that is contrary to the law is recognized as legal.

Duration of probationary period

The standard trial period for most beginners is 3 months. Exceptions to this rule are listed in Art. 70 of the Labor Code and include 2 categories of employees:

1. For management employees, chief accountants and their deputies, the probationary period can be set for a period of up to 6 months.
2. Urgent workers labor contract(from 2 months to six months) the test is completed in a maximum of 2 weeks.

The appointed time must be fixed in labor agreement and cannot exceed the maximum established for this category of workers. The employer may initially hire a person for a shortened probationary period, but in this case, he no longer has the right to extend it without the consent of the subject.

How to determine the end date of the test? Firstly, the duration is calculated in calendar days, that is, holidays and weekends are included in it. Secondly, the days that the “new guy” was sick or took at his own expense are excluded from the probationary period.

Registration of a probationary period

If management, based on the results of the test, decides that the employee is not suitable for working in the company, it will not be possible to dismiss him solely on the basis of a clause in the employment agreement. How to properly arrange a probationary period so that, if necessary, you can say goodbye to a new employee painlessly?

1. The employment order must include a record of the probationary period and its duration.
2. Evaluation of a newbie's performance cannot be subjective. The employer must develop and formulate on paper clear criteria for suitability for the position held. These can be special tasks, specific indicators that the subject undertakes to achieve within a certain period of time. All assignments are completed in in writing and are handed over to the employee for review and signature. Such a document is a list of tasks with a description of the result that should be obtained in the course of their solution, and specific deadlines for completion.
3. The employer is obliged to regularly monitor the newcomer’s achievement of the established indicators. Each fact of dishonest performance of duties must be recorded officially: in an act, memo, report, which will indicate which of the assigned tasks the employee failed to cope with. It is these documents that will serve as proof that the subject this work turned out to be too much for me.

Dismissal of the subject

How to fire an employee who has not completed the probationary period? The employer must prepare for the end of the probationary period in advance, namely, draw up a notice and promptly familiarize the dismissed person with it. This must happen at least 3 days before the date of termination of the employment relationship.

Since the probationary period is calculated in calendar days, the moment it ends may coincide with a weekend or holiday when it is impossible to formalize dismissal. In this case, the date of dismissal should be considered the working day before the day off, which means that the employee must be notified even earlier.

What is a notification? This is a document that informs the employee that he has not completed the probationary period, indicating all recorded facts of unsatisfactory performance of duties and links to supporting memos. On the notice of dismissal, the subject puts a signature and date of review.

At this point it is worth paying attention Special attention: a missed notice deadline by the HR service will lead to the fact that the “rejected” newcomer will work in his place as if nothing had happened, and it will become almost impossible to fire him on the initiative of the employer. An employee who has not received established by law the timing is the employer’s decision, he can rightfully consider himself to have passed the test and continue to work calmly.

If by the end of the term the employee is ill or absent for any other reason, the test is accordingly extended, and the date of dismissal is postponed to the moment when the person reports to the workplace.

However, the subject can leave on his own without waiting for the end of the probationary period. To do this, he just needs to submit an application to the manager of his own free will. In this case, the employer does not have the right to demand work off and is obliged to calculate it within 3 days.

Hiring employees for a probationary period is an excellent opportunity for an employer to form a highly professional team, leaving only “battle-tested” personnel on staff. However, ignorance or ignorance of the nuances that accompany the registration of a probationary period reduces all the benefits of such employment to zero. If the procedure for passing the test is violated by the employer, he will not only not be able to get rid of an incompetent, in his opinion, new employee, but there is also a high risk of getting problems with labor inspectorate and the administrative code.

If the test is not properly completed, the former employee can appeal the dismissal in court, and as a rule, a decision in his favor should be expected. Often in such disputes, judges side with the plaintiffs and find them wrongfully fired. The result of such a verdict is disappointing for the organization - reinstatement of an unnecessary employee in his position and payment of monetary compensation to him in the amount of wages for the time he was forced to be absent from the workplace.