Probationary period at work according to the law. Probationary period under the labor code

Hiring personnel carries certain risks for company leaders associated with the experience, knowledge and skills of a potential employee.
To minimize them, labor legislation gives the employer the right to establish, upon initial employment, a probationary period during which the employee can show his professionalism or the unsatisfactory nature of his work.

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What does the labor code say about probation?

Definition of the concept

Probationary period for labor code Is a certain period of time during which the employer can check professional quality the employee hired and his compliance with the assigned position.

The legislation strictly regulates that setting the trial period is solely the right of the parties, and not their obligation.

In accordance with legislative norms, the trial period is established according to uniform rules for all employers, regardless of the form of ownership or organizational and legal structure.

Articles of the Labor Code of the Russian Federation

In the labor code of Russia, the 70th and 71st articles are devoted to the probation period. But an employee who is enrolled in an enterprise with a probationary period is subject to general labor legislation and certain provisions of legal acts that contain norms and rules. labor law.

Consequently, such an employee has all the standard labor rights and obligations. And he bears full responsibility in accordance with federal law.

Reflection in the employment contract

According to the law, a probationary period for employment is established solely by agreement of the parties. If one party did not know or did not agree to its establishment, such a provision is a gross violation of federal labor legislation.

If the parties mutually agree on the establishment of this period, then such a right should be officially enshrined in employment contract.

Absence in the relevant contract established conditions means hiring an employee without a trial period.

The probationary period when applying for a job refers to the optional terms of the contract. This means that it can be changed in accordance with the agreements of the parties. The only condition for such changes is that they should not and cannot in any way worsen the situation. this employee relatively labor legislation and other legal acts that contain norms labor relations.

If the employee has started labor duties without drawing up an agreement, then the conditions for the appointment of a probationary period must be formalized in the form of a separate additional agreement before the start of employment.

The conditions for setting the terms of the test should be reflected in the order of acceptance for work.

Such an order is issued solely on the basis of a signed employment contract with mandatory conditions for a probationary period. If these conditions are absent in the contract or order for employment, it means that the employee is enrolled in the state without setting a trial period.

Cases when the probationary period is not established

Articles of the Labor Code define the circle of persons for whom a probationary period for employment is not established.

For persons recruited to fill the relevant position on competitive conditions.
For pregnant women and women with children under one and a half years.
For minors (under 18).
Graduates of educational institutions with state accreditation, who are employed for the first time in their main specialty within one year after completing their studies.
Individuals who are specially elected to a specific and paid position.
Employees who are hired to transfer from another enterprise.
For employees who have entered into an employment agreement of up to two months.
For other categories of employees provided for by applicable law.

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Duration of the probationary period

For different categories of workers

In accordance with Russian law, the maximum probationary period for employment is 3 months. To understand how long the trial period lasts, you need to know which category the employee belongs to, since other time frames may be established by law.

Not more than 6 months, the test period is established for:
- heads of enterprises and organizations, as well as their deputies;
- for heads of departments, branches, structural divisions and representative offices of organizations and institutions;
- chief accountants and their deputies.
No more than 2 weeks: when concluding an employment agreement for a period of 2 to 6 months. And also for personnel engaged in seasonal work.
From 3 to 6 months: for civil servants who are hired for the first time or when they are transferred to a public office.
Other probationary periods, which are established in cases directly provided for by federal legislation.

Can I renew?

According to the law, the test period established by agreement of the parties and prescribed in the contract should not be more than 3 months. The manager, if he has legal grounds, can shorten this period, but he has no right to extend it.

The trial period does not include:

the period of time when the employee is temporarily disabled (sick leave);
the period of time when the employee is on non-long-term vacation, without saving for him wages;
the period of time when the employee is on leave in connection with training;
the period of performance by the employee of public or state duties;
other time frames when the employee was physically absent from work.

The entire period of time when the employee was actually not at the workplace is not included in the probationary period.

After his return to his work duties, the course of the term is resumed.

Video about setting a probationary period for employees

Early termination

In case of unsatisfactory completion of the test period, the manager has the legal right to terminate the employment agreement early. The main circumstance is that such a decision must be mutual, with the consent of both parties.

For early termination of an employment agreement, you must:

The presence of mandatory conditions for the establishment of a trial period in the contract.
At the time of early termination of the contract, the trial period should not be completed.
Warn the employee about the termination of employment three days in advance.

The warning must be issued in writing, indicating the legal grounds.

Article 71 of the Labor Code also regulates the employee's right to terminate an employment agreement early. To do this, it is enough for the employee to come to the conclusion that the proposed position is not acceptable for him, and notify the employer about this three working days in advance, necessarily in writing.

In case of early termination of the contract, the head issues a corresponding order, but only exclusively during the test period. The settlement with the employee takes place within 3 working days.

The effectiveness of the passage of the period and staffing

Satisfactory probationary period

The effectiveness of the trial period is assessed directly by the employer and draws appropriate conclusions.

If the specified period has expired, and the employee continues to perform his work duties, then he is considered to have passed the test. Such an employee continues to work on the general terms of the employment contract and does not require additional registration. He is automatically included in the staff of the enterprise.

Unsatisfactory probationary period and subsequent dismissal

In case of an unsatisfactory result, based on the results of the trial period, the manager has the legal right to terminate the employment agreement. Such a decision must be reasoned and supported by appropriate evidence.

Such evidentiary documents include:

A written description of the employee, drawn up by the head of the enterprise. It should describe professional and personal qualities employee, knowledge of the regulatory framework and the ability to perform duties appropriate to his position. The employee is obliged to familiarize himself with this document under his personal signature.
Feedback on the passage of the test period, drawn up by the direct supervisor of the subject (head of department, foreman, etc.) or others officials enterprises. It contains comments, suggestions and conclusions regarding the employee's work in this period.
Order on disciplinary action.
Memorandum on improper performance of work duties.
An act of an offense or disciplinary offense.
Explanatory notes of the employee about non-fulfillment or poor-quality fulfillment of the duties assigned to him.
Other acts and protocols that document evidence of the employee's improper performance of his duties under the employment contract.

In case of unsatisfactory passage of the trial period, the procedure for dismissing an employee occurs in several stages.

Issuing a warning to an employee about the upcoming dismissal (part 1 of article 71 of the Labor Code of the Russian Federation). Such notification must be in writing, indicating the legal grounds for dismissal, and with attached documentary evidence. Upon receipt of the appropriate notification, the employee is obliged to put his signature on all copies. Accordingly, one copy remains with him, and the other is sent to the employer.
If the employee refuses to read the written notice, in this case, a corresponding act is drawn up. He proves that the employer has met all the requirements of the law.
Issue of an order. Based the decision and written evidence of the employee's inadequacy for the proposed position, an order is issued to terminate the concluded contract (no later than 3 days before the date of dismissal).
Payroll preparation. On the last working day, the employer must make all legal payments to the employee.
Issuance of a work book on the last day of work. Its issuance must be confirmed by a signature in the ledger.

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If the employee, for any reason, was absent from work on the day of dismissal, a notification is sent to the post office with instructions to pick up the work book.

Important nuances

Payment

According to labor law, all employees who are officially registered at the enterprise and who have a test period have all the legal rights of permanent employees.

The Labor Code does not provide for specific remuneration for employees who may be on probation. Salaries are calculated and paid under an employment contract, in accordance with the law. If the contract specifies a lower wage that does not comply with the labor law, the employee has a legal right to collect the lost amount in court.

Whatever the parties have disagreements on the payment of wages, there are several ways to resolve these issues:

It is imperative that the employment agreement must indicate the constant amount of wages for a specific trial period agreed by the two parties.
At the end of the probationary period, if the employee remains at the enterprise, an additional agreement is concluded with him about an increase in wages.
The company or its structural unit issues a regulation on bonuses or other payments, the amount of which will depend on the length of service or professional achievements.

When an employee is dismissed after the expired trial period, a full calculation of all payments required by law is made with him.

Payment is due:

full salary established by the employment contract;
monetary compensation provided by law for unused vacation (if any).

According to labor law, in the event of dismissal after the end of the probationary period, the employee is not entitled to payment of severance pay.

Vacation and sick leave during the probationary period

Every officially employed employee is legally guaranteed the right to take sick leave or leave, regardless of whether a probationary period was established for him or not. The head of the law does not have the right to refuse an employee who is on a probationary period in the provision of such rights.

The fact that an employee is on sick leave must be confirmed by a certificate of temporary disability. The document is issued by the medical institution after the appropriate treatment has been carried out. At the same time, the time spent by an employee on sick leave is not taken into account in the period for passing the test.
Amount of the amount by sick leave that is payable to a disabled employee depends on the average earnings and length of service.

The tragic experience of workers deceived by employers has received widespread publicity. As a result, concerned citizens already at the first interview ask personnel officers: how much do they pay during the trial period and do they pay for the trial period in the company at all?

It is clear that it is impossible to know for sure how the employer will behave after the adaptation period of a new employee. But how to protect your rights, deal with dishonest employers and what to look for when you conclude an employment contract with a trial period - we'll talk about this.

Situation 1. Who can not be assigned a test

The young specialist graduated from the institute six months ago. Previously, he worked, but for the first time he gets a job in the received specialty. He is assigned a probationary period. Is it legal?

To begin with, the test can be appointed only with the mutual consent of the employee and the employer. This is provided article 70 of the Labor Code of the Russian Federation, where it says: “When concluding an employment contract in it according to agreement parties a condition may be provided for testing an employee in order to verify his compliance with the assigned work. " That is, without the consent of the employee, a probationary period cannot be assigned to him. Of course, the applicant will hardly be able to exercise this right - most likely, he will not be hired if he tries to start his career with such disagreement. But there are categories of workers for whom such a trial period is not allowed by law, even with their consent. A test at hiring is not established for:

pregnant women and women with children under the age of one and a half years;
persons elected through a competition to fill the relevant position;
persons under the age of 18;
graduates with state accreditation educational institutions primary, secondary and higher vocational education and for the first time applying for work in the received specialty within one year from the date of graduation from an educational institution;
persons elected to an elective position for a paid job;
persons invited to work by transfer from another employer as agreed between employers;
persons who conclude an employment contract for a period of up to two months.

Therefore, despite the fact that the young specialist from our example has already worked, it is inappropriate to establish a test for him. And even if he signed a contract that contains such a condition, the employer cannot dismiss him as not being verified.

Situation 2. An employment contract with a probationary period

The specialist got a job. The employer warned him about the probationary period. An employment contract was signed. But there was not a word in it about the purpose of the test. What are the consequences?

If a probationary period is assigned, then this must necessarily be spelled out in the employment contract. The Labor Code of the Russian Federation says that the absence of such a condition in the labor agreement means that the employee is hired without a special period of adaptation and evaluation. Even if there is an order on the appointment of a trial, it will not be possible to dismiss an employee as not having passed the probationary period. And the labor inspector or the court, comparing the order and the contract, will consider the absence of the corresponding clause in the contract as a significant violation. In this case, the court will surely recognize the appointment of the probationary period as invalid.

Situation 3. Fixed-term employment contract during the trial

The employee was offered to conclude a fixed-term employment contract for two months during the probationary period. After its expiration, the contract will either be renewed for an indefinite term, or it will not be concluded if the employee does not pass the test. Is it legal?

V Article 58 of the Labor Code of the Russian Federation It is written in black and white: "It is prohibited to conclude fixed-term employment contracts in order to evade the provision of rights and guarantees provided for employees with whom an employment contract is concluded for an indefinite period of time." And the conclusion of a fixed-term contract instead of registration of a test just falls under such cases. Moreover, the Plenum of the Supreme Court of the Russian Federation, in its Resolution No. 2 of March 17, 2004, recommended that the courts pay special attention to these points. Therefore, if an employee goes to court or labor inspectorate with a complaint about such actions of the employer, a fixed-term employment contract can be recognized as concluded for an indefinite period.

Situation 4. Length of the period

An employee gets a job as an accountant. She was assigned a probationary period of 6 months. Is it legal?

According to article 70 of the Labor Code of the Russian Federation, the probationary period cannot exceed three months. The exception is the heads of organizations and their deputies, chief accountants and their deputies, heads of branches, representative offices or other separate structural divisions of organizations for which the test is established for a period of not more than six months. But in our case, a person gets a job as an accountant, and not a chief accountant or his deputy. Thus, a probationary period of 3 months is the maximum duration. And if labor contract is for a period of 2 to 6 months, then the test cannot exceed two weeks. When concluding a contract with a duration of less than 2 months, a trial period is not provided at all.

The trial period does not include the days of temporary disability of the employee and other periods when he was actually absent from work. That is, if an employee is assigned a probationary period of 2 months, and 2 weeks out of these two months he was sick, then the trial period is extended by two weeks.

Situation 5. Reduced wages for a trial period

The employer, when hiring a new employee, tells him that he is hired for two months on a probationary period - the salary will be lower than at the end of these two months. Are these terms and conditions legal?

What does the Labor Code say about what the probationary salary should be? Anyway, is the trial period paid? Article 70 of the Labor Code says: "During the trial period, the employee is subject to the provisions of labor legislation and other regulatory legal acts containing labor law, collective agreement, agreements, local regulations." Each organization should have a staffing table, which indicates all salaries (tariff rates) for each position that exists in this enterprise. Thus, for a trial period (Labor Code of the Russian Federation), the payment should not be less than indicated in the staffing table. This means that the situation with an underestimation of wages in this case is illegal.

Of course, the employer can justify the reduced wages for a trial period in other ways. For example, to establish that after that, the first indexation of wages occurs (the Labor Code of the Russian Federation directly establishes the employer's obligation to index the salaries of employees), or transfer the employee to another position in the staffing table. Finally, you can simply increase his salary without making it conditional on passing the probationary period (for "piece" positions present in the staffing table in a single copy).

The reduced salary for the adaptation period can only be challenged if it is white. Or the condition of a reduced salary is spelled out in the employment contract. If this condition is not spelled out in the contract, and part of the salary was black, then it is difficult to prove that this money was paid to you at all. However, an attempt to challenge the reduced wages assigned in the first two to three months of work is relatively real in our conditions only for workers who do not want to stay on this place work.

And one more point: in the employment contract, the salary cannot be determined by the wording "according to the staffing table." V article 57 of the Labor Code of the Russian Federation it is said that the terms of remuneration (including the size of the wage rate or salary (official salary) of the employee, additional payments, allowances and incentive payments) are mandatory for inclusion in the employment contract. That is, either tariff rate, or salary, as well as other payments.

6. Test results and their consequences

The new employee got a job on a probationary period. At the end of the test, the employer did not inform him of the test results, and the employee continued to work. Two weeks passed. Unexpectedly, the employer reported that the employee had not passed the test and would therefore be fired. Has the employer violated the law by his actions?

In this situation, the employer made two mistakes at once. Firstly, if the test time has expired, and the employee continues to work, then he is considered to have passed the test and the subsequent termination of the employment contract is allowed only on a general basis ( Art. 71 of the Labor Code of the Russian Federation). Secondly, under the same article, if the employer is dissatisfied with the test results, he has the right to terminate the employment contract with the employee before the expiration of the employee assessment period. But at the same time, he must notify the employee about this in writing three days in advance, indicating the reasons that served as the basis for recognizing him as having failed the test.

So, in this case, the employer did not warn the employee three days in advance in writing, stating the reasons that he did not pass the test. And only after two weeks, when the person continued to work, he informed orally about the decision to fire him. Based on the foregoing, it is unacceptable to fire an employee as not passing the test.

By the way, the Labor Code of the Russian Federation reserves the right for the employee to appeal against the employer's decision on the unsatisfactory test result in court. And in this case, special attention is paid to the wording of the reasons why the employee did not suit the employer. In this case, all statements of the employer must be supported by appropriate evidence. The court will react critically to the dubious vague formulations.

If the employee himself, during the probationary period, comes to the conclusion that the job offered to him is not suitable for him, then he has the right to terminate the employment contract under on their own by notifying the employer about this in writing three days in advance.

Please note: not in two weeks, as with the usual dismissal of your own free will, but in just three days.

So, we have considered the most common situations in life. Let's repeat the most important rules.

Outcomes

Let's list again the points that are worth paying attention to:

There are categories of workers for whom a probationary period (IP) is not provided at all.
If IP is not included in the contract, then the employee, from the point of view of the law, went to work without IP.
It is prohibited to enter into a fixed-term employment contract for the duration of the IP by the Labor Code of the Russian Federation.
IP should not exceed three months. The only exceptions are managers and chief accountants. For them, the maximum IP is 6 months.
When concluding an employment contract from 2 to 6 months, IP should not exceed two weeks. And if a fixed-term employment contract is concluded with a duration of less than 2 months, IP is not provided at all for a fixed-term employment contract.
The salary for IP should not be lower than the salary existing in the staffing table for a specific position.
If the employee has not passed the IP, the employer is obliged to notify him of his decision in writing three days in advance, indicating the reasons.
If the IP is over and the employee continues to work, then it is considered that he has successfully completed the IP.
If an employee, during the IS, decides that this place is not suitable for him and decides to quit, he is obliged to notify the employer of his decision three days before the resignation.

Remember that stable and reliable is usually where the employer complies with the law. If you are applying for a job where they initially offer to act against the law, then be prepared for the fact that in the event of disagreements, it will be many times more difficult to defend your rights.

The Labor Code specifies that the employer has the right to order the job seeker an examination upon admission. This is necessary to study the professional qualities of the future employee. This does not mean that he is obliged to install it. indicates that the test can be established only in the opinion of opponents. However, this is not the case in practice. The employer confronts the opponent with the fact that there is a certain period, and the payment for this time is set slightly lower than after.

Upon the device, the director always concludes an official document. It indicates that it is accepted “with verification, duration….”. The salary that the company is going to pay is also negotiated. If there is no condition about the appointment of a test during admission, this means that the employee is admitted immediately.

Article 70 of the Labor Code of the Russian Federation states that the duration of such time cannot exceed 3 months. If the head of the organization is accepted, his deputy, Chief Accountant or his deputy, then it increases to 6 months. If an urgent document is concluded with an applicant from 2 to 6 months, it cannot exceed 2 weeks. If the employee is sick or actually absent from the workplace for other reasons, these periods are deducted from the total.

persons who take a place as a result of the competition;
pregnant women;
women who have a child under the age of 3;
minors;
persons holding an elective office;
persons taking up space as a result of a transfer from another person;
applicants who conclude an agreement for less than 2 months;
to other persons, if provided for by a local regulatory act.

The specialist must understand that if there is a check, then there must be its results. They can be both positive and negative.

If he successfully passed everything, then there is no need to conclude a new agreement with him. It continues to operate on the terms previously indicated. If the results, in the director's opinion, are negative, then he can terminate the agreement with the employee in advance.

To do this, he must warn the staff in writing about the upcoming dismissal 3 days in advance. The notice must also detail the reasons. The director must justify his decision about the negative results of the passage.

If the subordinate does not agree with the results, then he must also notify the company about this. If he considers his dismissal to be illegal, he can apply to the inspection or to the court. The opinion of the trade union is not taken into account in this case.

A citizen also has the ability to terminate his management if he decides that this activity is not suitable for him for a number of reasons. To do this, he must notify the other party in writing 3 days in advance.

Probationary period under the labor code

According to established practice, this concept- this is a certain period of time during which the management checks the compliance of the employee being hired with the position for which he is issued.

It is the director's privilege, not his responsibility, to set the required time. Therefore, if he believes that this applicant is suitable for a vacant position, he can accept it urgently. The Director has the right to apply a test period to one or another applicant, regardless of organizational form enterprises and on the goals of economic activity.

The appointment of a preliminary time is governed by Art. 70 of the Labor Code of the Russian Federation and Art. 71 of the Labor Code of the Russian Federation. But this does not mean that he works on preferential or special conditions. Absolutely all norms of the current legislation, as well as other normative acts containing the norms of law, are applied to it. That is, he has all the rights and fulfills his duties, and can also be held liable for violation of the rules.

The check can only be established by a general decision. That is, if one party did not know about the establishment or was not properly notified, this is considered a gross violation of the rules.

Therefore, the boss notifies his future staff about this. The duration is announced. The applicant does not have to agree! But he can offer the future bosses another segment. When everyone comes to a consensus, they sign it.

Duration is not an essential condition, that is, without this clause, the contract will be valid. In addition, if in the course of the relationship everyone came to a consensus that the length needs to be changed, then they can sign an additional agreement and write this provision in it.

Based on the signed version, an order is issued, which also reflects the length. If there are no such conditions, then the person is considered accepted in fact.

Working conditions in the beginning cannot be worse than after. This right is guaranteed by Art. 70 of the Labor Code of the Russian Federation. In addition, a real pact is immediately concluded with the employee. The employer cannot conclude a temporary deal, since this is not the basis for signing. This is a violation of the current legislation.

The same applies to fees. It cannot be less than that received by others in a similar place and with the same experience as a new specialist. That is, the party does not have the right to prescribe one amount of remuneration for the first time, and then another amount.

But the bosses found a way out of this situation without violating the norms of the Labor Code. They set low salaries for everyone, regardless of qualifications and experience. And then monthly premiums are paid, taking into account these facts. Therefore, the new employee usually earns less than the others.

It is possible to carry out a dismissal on probation according to a simplified scheme, regardless of who is the initiator. If one of the parties has come to the conclusion that this relationship is impossible, then they are terminated without the participation of the trade union organization and payment of severance pay.

To whom the probationary period does not apply

The law establishes a certain circle of persons to whom measures of assessing professionalism cannot be applied. The range of such categories is defined in Art. 70 of the Labor Code of the Russian Federation. These include:

persons who are accepted for a vacant place based on the results of the competition;
pregnant women, with a corresponding certificate, and persons who have a child under the age of 1.5 years;
underage applicants;
those who are graduates of universities and who are employed for the first time within 1 year after graduation educational institution;
job seekers who are deliberately selected;
those with whom an agreement is concluded due to the transfer, if there is a corresponding agreement between these institutions;
citizens who conclude a paper for 2 months;
people of other categories, which are spelled out in other, more "narrow" regulations.

Exceeding the Probation Period

The maximum duration of the probationary period, according to the current legislation, is 3 months. That is, the employer has no right to assess the professionalism of his staff for more than this period.

But there are several categories for which it does not exceed the strictly legal time limit. Therefore, the employer first determines whether his new team member belongs to this category or not.

A value over 6 months is established for:

the head of the enterprise, as well as for his deputy;
head of a branch, representative office, structural unit;
chief accountant and his deputy.

Cannot exceed more than 2 weeks for:

making a deal from 2 months to six months;
working seasonally.

From 3 to 6 months it is established:

for civil servants who are accepted for the first time;
for persons who are transferred to public service for the first time.

In more "narrow" regulations governing the activities of various categories, a different framework may be established. Therefore, if the director for the conduct of his activities is guided by such normative acts, then he takes this into account when hiring newcomers.

If the framework is prescribed and does not exceed the duration established in the law, then it can be changed. The manager has the right to shorten the time without good reason, but he cannot increase it.

However, there are periods in the work that are not included in the general passage. This:

the period of illness, that is, the frame can justify its absence with a certificate of incapacity for work;
administrative leave, that is, rest when wages are not saved;
study leave, i.e. absence on site due to study;
finding a person on public works ah or his fulfillment of public duties;
absence from the workplace for other valid reasons.

In fact, these periods extend the time of a particular frame, although there are no changes in the document.

The probationary period applies to a fixed-term employment contract

With an employee, you can conclude both an open-ended contract and a document determined by the moment of action. This moment is reached by agreement of the parties. The length of the relationship is fixed in the contract. You can also apply a check to it, but with some nuances.

An urgent option can be issued only in certain cases. These are cases such as:

no more than 5 years;
a specialist is hired to perform a certain amount of work, when the exact date of their completion cannot be determined. This is what the contract says;
temporary absence of another performer. A common case is a woman's decree;
performance of seasonal functions. For example, harvesting or sowing.

In other cases, it is concluded for an indefinite length of time.

In the case of an urgent, the duration is also set according to the opinion of the parties, as in the case of an indefinite one. Are applied general terms and Conditions destination. The length for a new person can also not exceed 3 months. But if a newcomer is registered for 2 months to six months, then the boss cannot appoint more than 2 weeks. This situation occurs when a contractor, for example, is hired to perform seasonal functions.

If a person is accepted for less than 2 months, then the boss has no right to establish supervision. If he insists on this, then he is violating fundamental rights.

Many businesses require a probationary period after applying for a job. After this period, the employee will be hired on a permanent basis or dismissed from the vacant position.

Probation period for trainee

The procedure for hiring is established by the Labor Code, and the rules for passing the probationary period are provided for in Articles 70 and 71. The fact that an employee is hired on certain grounds must be notified immediately.

It is important that the applicant consents to the internship. For this, an employment contract and an additional agreement are created with the establishment of a probationary period. Both documents must be issued in such a way that one original copy is received by the employer, the second - by the worker.

An order to place a person on the state cannot be drawn up retroactively. However, the employment contract is concluded no later than 5 days from the date of joining the organization. If there is none and additional agreements are also not provided, then the citizen is enrolled in the state immediately without an internship.

In addition, the employee reads the job description, staffing table and other internal documents directly related to the performance of their duties.

V work book no information is displayed that the employee is temporarily employed. The document simply indicates the date of admission and dismissal. If a person has not coped with his duties, the company may refer to Art. 71 TC. However, usually it does not come to such measures, the employer often gives the opportunity to persons to draw up a statement "of their own free will", ahead of schedule.

The employer decides to establish a probationary period independently. TC does not prohibit registration of people on vacant post straightaway. This measure is intended to determine whether the candidate will cope with the established responsibilities, whether he will be competent.

Also this is an easier method of firing:

the employee is not entitled to severance pay;
he does not need to work 14 days;
no permission from the union is required.

Job responsibilities should be reflected in job description... If the employer indicated the reason for the dismissal - non-compliance job responsibilities, and those are not displayed anywhere, then the employee has the right to challenge the decision in court within 1 month after the termination of employment. The court may order reinstatement.

An employment contract must be concluded between the trainee and the employer, which defines the period of the probationary period. Upon its completion, an order is issued to accept the person for a permanent position. If there is no such order, then the intern, from a legal point of view, is considered to be on the staff.

When applying for a job, you should rely on the norms of the Labor Code:

article 70 - "Test for employment".
article №71 - "The result of the test when hiring."

Not all organizations conclude an employment contract with employees. In this case, the agreement on the passage of the probationary period with an indication of the period is relevant. If a person has not coped with his duties, the organization in the order of dismissal has the right to refer to this agreement. The document is drawn up by the employer taking into account all his interests, but the applicant signs it voluntarily.

Employees undergoing trials have the same rights and responsibilities as permanent employees on the staff.

These persons have the right to:

vacation,
sick leave,
bonus payments.

At the same time, the activities of the employee are monitored, so punishments can be applied:

for absenteeism,
being late,
gross violation of labor discipline.

The hiring procedure is simple and straightforward:

An employment contract is drawn up with a clear indication of the end date of the probationary period.
A regulation is drawn up listing the conditions for the internship.
An order is issued to hire a person.

Disagreements may arise between the trainee and the employer about the payment procedure. It is recommended that the size of the salary is recorded in the employment contract. After the expiration of the probationary period, the rate is usually not changed, however, an additional agreement can be drawn up, indicating the surcharge.

An intern's salary cannot be less than that of a permanent employee. Some companies find a way out of the situation. All employees are assigned a rate above which a bonus is regularly paid, while a person passing a test is not entitled to it.

There are exceptions when specialists must be recruited immediately.

The test is not established:

those who were registered according to the competition to fill a vacant place;
pregnant women, as well as mothers or guardians caring for children under one and a half years old, the latter rule also applies to men;
adolescents under the age of 18;
graduates of state-accredited universities, when they are employed for the first time in their specialization (possibly within a period of up to a year from the date of receipt of the diploma);
those who were elected for this vacancy, for example, in a competitive selection;
persons who are transferred to this vacancy from other organizations;
temporarily employed, that is, working under a contract for a period of up to two months.

In reality, it is quite difficult for persons who cannot be accepted under such conditions to find a job.

The managers of the company have no right to refuse due to the impossibility of assigning an internship. A document is officially provided indicating that the applicant cannot be accepted due to non-compliance with the vacant requirements. For example, they indicate that the applicant does not have education or work skills in this area.

The standard internship period is 3 months.

However, it can be reduced to 2 weeks in cases:

persons involved under a fixed-term or temporary contract (for example, seasonal work);
candidates hired for a temporary position.

The law also provides for an increase in the probationary period for such positions:

civil servants, including government - from 6 to 12 months;
top management and accounting - up to 6 months.

A period of up to 14 days is assigned to those who have been hired for a period of 2 to 6 months. The maximum probationary period of 1 year is provided only for positions specifically listed by law. For example, a simple salesperson is not allowed to establish an internship for 6 or 12 months.

The law establishes a standard period of up to 3 months, beyond this period (for most vacancies) they are not entitled to appoint. However, by mutual agreement, the manager can agree on another period, for example, 3 weeks or 2 months.

Can I renew

It is prohibited to extend the trial period. However, according to the conduct personnel records, only the actually worked period is calculated.

Thus, the extension can be due to forced absences from working hours:

Stay on sick leave, a certificate of incapacity for work is required.
Administrative leave or study leave.
Absence for valid reasons.
Performing community service or public duties, in connection with which there was a skipping shift.

The increase in the period will be exactly for the period of absence, for example, a vacation for 10 days is issued, which means the trial period will be extended for another 10 days.

Early termination

By mutual agreement, the test period may be terminated. There are two options, either the applicant will be hired on a permanent basis, or they will be fired. In the first case, an addendum to the employment contract is drawn up.

If the probationary period is passed successfully, the trainee is hired. It is important that no additional obligations on the fact of transfer to the main position should be imposed. The hired employee should carry out only the types of work performed by him for the earlier in this position. An exception is a transfer to another vacancy in the same company.

The calculation of the salary is carried out by months, that is, the worker must be paid every 30 days, and not every 3 months. Moreover, if an incomplete month has been worked, then the number of days is rounded from 15. For example, a period of 1 month and 16 days will be rounded up to two months.

So, both parties - both the employer and the intern - may not be satisfied with the conditions of employment. Therefore, they can calculate it even before the end of the expiration of their internship.

There are such options:

The citizen decided to quit himself.

To do this, you need to notify the employer and submit an application for calculation. The employer must be notified at least 3 days in advance.

The management dismisses the person due to inconsistency in the position.

In such a situation, an employee should be warned by his superiors about their decision in advance, 3 days in advance.

The period (3 days) is counted in calendar days, regardless of the number of upcoming shifts. The exceptions are cases when a person is on sick leave.

If a person does not cope with his obligations, there is no need to wait for the end of the internship, since then the dismissal will be reflected in the work book under a different article than Article 71 of the Labor Code. In this case, the person will have to be warned not 3, but 14 days in advance of the upcoming settlement.

Quite often there are disputes over the validity of dismissal. Throughout the entire period, the management must monitor the performance of the hired employee.

It is safer to prepare documents confirming non-compliance with the job description.

This could be:

characteristics of the employee, drawn up by a personnel officer or directly by the employer;
an act of disciplinary action, confirmed by order;
reports indicating violations of official duties;
explanatory statements from the employee, confirming the fact of non-performance of work.

Usually, personnel department keeps an accounting log for each new employee, where all acts, protocols and other documents are entered. In accordance with the collected documentation, a dismissal order is issued, of which the newcomer must be notified against signature.

Moreover, all the characteristics, acts, orders are given to the employee for review and against signature. If the latter refuses to sign, then the documents can be sent to him by registered mail to the address of residence.

Situations are possible when the candidate is not available even at the place of residence. In such a situation, a special commission is created. The dismissal order indicates that the person refused to sign and this fact is confirmed by the members of the commission - full name, position and signature of each.

Vacation and sick leave during the probationary period

Any worker has the right to leave or sick leave, regardless of the length of employment. Upon dismissal, he is entitled to payments for unused vacation.

Social benefits for sick leave are calculated on the basis of the average earnings. Cash go to the employee's salary card.

The length of the sick leave is impossible to predict. This circumstance brings confusion to the organization of work, but cannot be an official reason for dismissal due to the absence of an employee who has been sick for too long. The manager will have to wait for him to come to work, and only then decide whether he needs such a painful employee on the staff.

Sometimes companies violate labor laws. But then the dismissed person can defend his rights in Labor Inspection or in court. A claim for reinstatement at work can be filed within 1 calendar month. The term must be calculated from the date of the final settlement.

If the employee does not want to associate himself with this place of work, he has the right to limit himself to a claim for compensation of wages. It can be submitted within 1 year from the date of dismissal. Illegal actions of the employer cause moral harm to the citizen, therefore, such a clause can be included in the statement of claim.

Often, when a person is hired for a new place of work, he is assigned a trial period. This is the time during which the employee will be able to prove himself and prove his competence and skill.

How long should such a test last according to the law, how is it paid and whether the employer can shorten or extend this period - these and other issues will be discussed further.

How long is the trial period for hiring?

The article of the Labor Code of the Russian Federation on the probationary period at number 70 defines the following provision: the period for testing an employee for professionalism should not exceed three months.

However, there are exceptions to this rule that apply to applicants for such positions:

the chief manager of the enterprise;
Deputy Director;
Chief Accountant;
deputy chief accountant.

Duration of the probationary period for the chief accountant by law

The position of a chief accountant is very responsible, it requires a thorough knowledge of accounting and a certain amount of experience. That's why this vacancy included in the list of those positions for which the probationary period is the longest - up to 6 months (Article 70 of the Labor Code of the Russian Federation). Only for such a time will a specialist be able to show his professional qualities and leadership abilities.

Probationary period when applying for a job under a contract

When employed under a contract, the period for testing is prescribed in the contract itself. In any case, it should not exceed 90 calendar days. If a contract is concluded with an employee for 2-6 months, then the verification time is set no more than 14 days.

The following categories of citizens are completely exempt from testing:

persons under the age of 18;
pregnant women;
specialists who have just graduated from a university;
persons who have won a position by competition.

Duration of the Probationary Period for a Minor

If a person who has not reached the age of majority gets a job, then in accordance with Article 70 of the Labor Law, a period of verification is not established for him at all. In case of violation of this rule, the management of the enterprise will bear administrative responsibility. It is generally forbidden to engage citizens under the age of 14 in the work of the Labor Code.

Probationary period for the seller

For shop assistants, supermarkets and others retail outlets on average, one month is given for verification.

During this time, the specialist will be able to prove himself and prove his skills such as:

the ability to understand the range of goods;
good knowledge of the cash register;
sociability and ability to communicate with customers;
knowledge sanitary standards and trading rules.

In some cases, the store director can reduce this period to 14 days or increase it, but not more than up to 90 days.

How long can a trial period last?

The maximum test period for a worker can be three months. The head of the enterprise does not have the right to establish a longer period or extend it.

The only exceptions are the positions of the director, his deputy, the chief accountant and his deputy - for them, the check can last six months.

Payment of the probationary period according to the law

In accordance with clauses 2 and 3 of Article 70 of the Labor Code of Russia (the code can be downloaded from the link above), for an applicant accepted for the verification period, all labor guarantees are provided as for other workers.

These obligations include the regular payment of wages in the amount specified in the employment contract. The employer himself does not have the right to cut these payments or deprive the employee of them, since such actions of the management are a gross violation of the law and entail an administrative penalty in the form of a serious fine.

Dismissal on probation - procedure

If the applicant for the position did not justify the hopes placed on him and did not prove his professionalism, then he is dismissed under Article 71 of the labor law.

In this case, the employee is calculated in the following order:

three days before the end of the test period, the employee, against his signature, is given a notice of dismissal with an attachment confirming the validity of the calculation - complaints, reports, log entries, etc.;
then the employer issues a dismissal order in the prescribed form;
if the subject has not signed the notification, the management draws up an additional act confirming that the contract was terminated legally and in accordance with all the rules;
in the event of a prolonged absence of an employee at work, a notification is sent to his home by mail with delivery against signature.

Only in the case when the employer has done everything according to the above procedure, the dismissal of the worker can be considered legal.