Probationary period when hiring: who can be assigned, who can’t, procedure for registration. Probation period: nuances of registration and completion

Establish a probationary period when accepting new employees. For how many days to check employees and how to document the procedure, read the article.

From this article you will learn

What is a probationary period?

The procedure for establishing a probationary period is regulated by Article 70 of the Labor Code. It specifies the rights and obligations of the parties. The main condition for establishing a test is mutual consent, as discussed in the first part of the article. Usually there are no difficulties, since applicants agree to the conditions put forward by the employer.

There is not always the right to check an employee. Certain categories of persons. Otherwise, this is regarded as a gross violation of the law. Please keep in mind that a probationary period can only be established subject to long-term employment - for a period of more than two months (Article 289 of the Labor Code).

Note! Count the probationary period into the period of actual work and take it into account when calculating your vacation and insurance periods. Experts from Sistema Personnel talk about how to calculate length of service.

According to parts 1 and 2 of Article 70 of the Labor Code, the condition is reflected in the contract. If a document is drawn up without the required clause, the employee is automatically considered accepted without verification. Prepare the document carefully and check the text for significant terms.

Question from practice

Nina Kovyazina answers,
Deputy Director of the Department of Medical Education and Personnel Policy in Healthcare of the Russian Ministry of Health.

The probationary clause does not apply to the mandatory terms of the employment contract. When drawing up an employment contract by agreement of the parties, you can write in it to check how the newcomer will cope with the work (). In this case, the test condition ()...

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Maximum probationary period for an employee

The duration of the check is limited. The maximum possible probationary period is 3 months for ordinary employees. If an employee works under a fixed-term contract, which is concluded for a period of two to six months, the inspection lasts no more than two weeks (Part 6 of Article 70 of the Labor Code). You do not have the right when all conditions are agreed upon with the employee, as this is prohibited by labor legislation.

Based on the contract, issue an order for employment. Include it with dates, as well as a standard list of details:

• Company name;
• personal data of the employee;
• full name of the position, structural unit;
• nature of work activity;
• tariff rate with surcharges;
• reference to the basis - in this case, the employment contract;
• signatures of the manager and employee.

Sometimes the sequence of document preparation is violated, so an employee is allowed to perform duties earlier than the organization concludes a contract with him. In this case, the law is not violated, but the contract must be concluded within three working days from the date of commencement of work. Secure the verification condition in a separate agreement. If the contract does not have a probationary period, admission occurs as usual.

Dismissal due to failure to complete the probationary period

Entrust the evaluation of the newcomer’s work performance to the immediate supervisor, mentor or special commission. If the observation results indicate that a person is qualified for the job, he is considered and continues to work. You do not need to issue additional orders or prepare other documents.

If an employee cannot cope and his competencies do not meet the established level, make a decision to fire him. Notify the employee about this no later than three days before the date of termination of the labor contract (Article 71 of the Labor Code). Draw up the notice in two copies: give one to the employee for review, and leave the second with the organization.

To avoid claims and accusations of illegal dismissal, collect an extensive documentary base. Any documents that have at least some relation to the case will be useful: memos, memos, complaints and comments from clients, conclusions and acts of the commission, reports, etc. State the reasons for dismissal clearly and legally correctly.

Issue an order to terminate the TD. Indicate unsatisfactory test results as the reason for dismissal (Article 71 of the Labor Code). You are not required to pay severance pay or coordinate the decision on dismissal with the trade union. On the last day, issue a work book, wages and compensation for unused vacation. . Follow the recommendations, otherwise the employee will be considered permanently employed. It is possible to terminate the employment relationship with an employee who has successfully passed the test on a general basis.

Not every person calmly takes the news of an imminent dismissal. The situation is heating up because the employer is not satisfied with the level of job compliance. Therefore, the procedure develops into an acute conflict involving the State Tax Inspectorate, the court, the prosecutor’s office and other authorities. To avoid litigation, develop a local act regulating the inspection.

Include in the Regulations information on the design, establishment of an audit, and rules for assessing performance results. List the categories of persons who are not subject to the initial test. Attach standard forms as attachments: characteristics, notifications, conclusion of the commission. Approved local rules must not contradict labor legislation.

Reference: at the stage of drawing up an application for personnel selection. But this does not cancel the preparation of the Regulations.

Before employment under a probationary period, familiarize the employee with the “Regulations” against signature. If a person agrees with the points of the Regulation, the likelihood of conflict upon dismissal is minimized. Applicants who are not satisfied with the organization's routine are eliminated. This simplifies the process of recruiting loyal staff.

Conclude an employment contract without a probationary period only if you are confident in the applicant. This is usually practiced when selecting rare specialists who have extensive experience and merit. In other cases, take some time to check. Follow the rules for preparing documents to avoid fines.

With whom can an employment contract be concluded without a probationary period?

In accordance with Part 1 of Article 70 of the Labor Code of the Russian Federation, when concluding an employment contract, by agreement of the parties, it may provide for the condition of testing the employee in order to verify his compliance with the assigned work. In simple terms, the employee may be given a probationary period.

The key words of the norm are “ by agreement of the parties" And " can be installed" It follows from this that a probationary period may or may not be established at all, it all depends on the will of the parties to the labor relationship. Accordingly, and without a probationary period, it can be concluded with any employee, regardless of his position.

Part 4 of Article 70 of the Labor Code of the Russian Federation establishes a list of employees for whom a test for employment cannot be established. Even the presence of the desire of the employee himself or the consent of the parties does not give the right to include a condition on testing the employee in the employment contract.

This list is not exhaustive; the Labor Code itself, other federal laws, and a collective agreement can be expanded. For example, a probationary period is not established for a person who has successfully completed an apprenticeship and enters into an employment contract with the employer with whom he was trained (Part 1 of Article 207 of the Labor Code of the Russian Federation). The test is not established for a civil servant hired by transfer due to the reduction of civil service positions or the abolition of a government body (Part 3 of Article 27 of the Federal Law of July 27, 2004 N 79-FZ).

An employment contract without a probationary period is concluded with the following categories

Employees selected through a competition to fill the relevant position.
For example, in accordance with federal law dated March 2, 2007 No. 25-FZ “On Municipal Service in the Russian Federation,” the conclusion of an employment contract with a municipal employee may be preceded by a competition. The competition itself is held with the aim of assessing the professional level of applicants for municipal service positions and their compliance with the established qualification requirements for municipal service positions. The competition for filling a municipal service position solves the problem of the probationary period in full, therefore the establishment of an additional test is unnecessary.

Pregnant women and women with children under the age of one and a half years.
This provision applies not only to women with children under the age of one and a half years. But also for other persons raising children of the specified age without a mother.

Minor workers.

Workers who have received secondary vocational education or higher education and are entering work for the first time in their specialty.
In this case, there are two additional conditions:

1. An educational organization must have state accreditation of educational programs (in this case, the graduate will have a state-issued education document).
2. A graduate of an educational organization must find employment in the specialty received within one year after graduation.

Employees elected to an elective position for paid work.
For example, a newly elected deputy of the State Duma of the Russian Federation.

Employees invited to work by way of transfer from another employer as agreed between the employers.

Employees who have entered into an employment contract for a period of up to two months.

Summarizing
An employment contract without a probationary period can be concluded with any employee; this requires only the good will of the parties to the employment relationship. By virtue of the law, a probationary period is not established at all for certain categories of employees.

Video on the topic “Employment contract without a probationary period”

Quite often, when hiring a person, employers use a probationary period as a test of a person. Even if an employee seems ideal, it is still necessary to assess his abilities for future work. This is precisely why the employee is given the opportunity to assign a probationary period. This right granted to them has many nuances in application, which are worth considering in more detail.

What is a “probationary period”? Why is it installed?

Probationary period refers to a certain time period during which the employer must decide whether a person is suitable for a given activity or not. Its regulation is contained in Art. 70 - 71 of the Labor Code of the Russian Federation.

Recruiting a new employee is not only a long, but also a painstaking process. Often, it consists of several stages, which may include interviews and special testing. But even such careful selection does not exclude the possibility of hiring an incompetent employee. To avoid this oversight, the employer is given the right to order a test in relation to a potential employee. During this period, it is possible to identify the applicant’s compliance with the existing requirements, evaluate his work, determine his level of qualifications and attitude to the activities performed. If he is not competent enough or negligently performs his duties, such an “employee” can be rejected.

But in order to avoid unfavorable consequences for himself, the employer must be able to competently draw up and formalize the probationary period itself.

Basic ones when hiring or dismissing an employee.

About payment for maternity leave: when they go on leave, for how long they are paid and the amount of benefits.

Who can be given a probationary period?

The Labor Code of the Russian Federation devotes two articles to the probationary period: 70 and 71. They indicate that probation is an optional condition. The employer cannot impose it on the applicant. That is, if a job seeker refuses to complete the deadline, he is either offered to start his activity without a probationary period, or they simply say goodbye to him. In practice, the second option is most common.

Art. 70 of the Labor Code of the Russian Federation establishes a list of those citizens for whom a probationary period is not established:

1. Persons who are elected through a competition (must be held in the manner established by the Labor Code of the Russian Federation and other acts) to fill the corresponding position;
2. Women during pregnancy, as well as those women who have children under 1.5 years of age;
3. Citizens who are under 18 years of age;
4. Citizens who have either secondary vocational or higher education in those educational programs that have state accreditation. Such citizens must be hired for the first time in their profession within a year from the day they received the appropriate education;
5. Citizens who are elected to an elective position to perform paid activities;
6. Citizens who were invited to work by transfer from another employer as agreed between employers;
7. Citizens whose employment contract has a period of two months;
8. Other citizens, if this is provided for by the Labor Code of the Russian Federation, other federal laws or a collective agreement.

Remember, that the test can only be established UPON HIRING. This means that if an already working employee is appointed to a vacancy (in case of promotion, transfer, etc.), the test is not assigned.

Accordingly, all other categories of citizens can be accepted for a probationary period.

Establishing a probationary period: what needs to be done?

So, if the applicant is a person for whom a probationary period can be established, then this condition is included in the employment contract with him. Most employers limit themselves to this point only. But if this is done, the probationary period will be useless, since it will be almost impossible to dismiss an employee as someone who has not passed the test. But for an employee, such registration for a job for a probationary period will also be beneficial in that he will be able to use this record if, say, he finds a more profitable job and wants to quit quickly. After all, his probationary period will not be two weeks, but just three days (see Article 71 of the Labor Code of the Russian Federation).

Remember: The probationary period is not formalized only by an entry in the employment contract.

What documents does the employer need to prepare?

The condition of the test itself and its duration must be indicated in the employment order.

REMEMBER: For most applicants for the position, the maximum possible length of probation is three months. The employer also has the right to set a period shorter than this. But if the employment contract and the order itself stipulate a trial period of two months, then it will no longer be possible to extend it to three months without the consent of the employee himself. This is due to the fact that the probationary clause refers to the essential terms of the employment contract, which can only be changed as a result of agreement of the parties.

The next stage of assigning a test is the preparation of tasks for the probationary period, as well as the development of those conditions that will allow the applicant to be considered as having passed the test. Such documents must either be announced or handed over to the employee. This must be done with a signature. It must be remembered that tasks and conditions cannot allow for ambiguity and subjectivity. They need to be formulated precisely and clearly.

During the entire probationary period, the employer must strictly monitor the employee’s performance of these tasks. If they are performed poorly or untimely, then these facts must be recorded (for example, in reports or memos). It is worth clearly indicating what task was given and what exactly was not done, etc. It would not be amiss to include the task itself.

If the employee was given any additional tasks, this must also be indicated in writing. It is better to give the task with a signature that the task has been received and is clear.

Proper design of the test is quite complex and has many nuances. Every action must be recorded in writing. This will make it possible in the future to have evidence that the employee did not pass the test, which means he can be fired.

Duration and extension of the probationary period

As mentioned earlier, the trial period cannot be more than three months. But if we talk about the head of the organization or his deputy, as well as the chief accountant and his deputy, the head of a branch and other separate structural unit of the organization, then the trial cannot last more than six months (unless federal law determines otherwise).

It should be noted that if an employment contract for a probationary period is drawn up for a period of two to six months, then the probationary period cannot be more than two weeks. The probationary period does not include periods of temporary incapacity for work of the employee and other periods when he was actually absent from the workplace. The duration of the trial is established by agreement of the parties, but cannot be longer than established by law.

Considering practice, it is worth noting that the employer often extends the probationary period already during the probationary period, which was agreed upon when drawing up the employment contract. This is directly contrary to the law. This means that if before the end of the probationary period, which is contained in the contract, a decision is not made to dismiss the employee, then he will be considered to have passed the test.

It is worth saying that the law establishes for some cases a longer duration of the trial in comparison with that established in Art. 70 Labor Code of the Russian Federation. An example would be civil servants (Article 27 of Federal Law No. 79-FZ “On Civil Service”).

Dismissal of someone who has not passed the probationary period: or how not to miss the moment

If the test reveals that the employee is not suitable, the employer has the right to dismiss him.

It is worth noting that the law establishes a requirement for the employer that the employee must be notified in writing about such dismissal, and no later than three calendar days before the dismissal. This provision is contained in Art. 71 of the Labor Code.

Dismissal should be carried out on the last day of the test. This is due to the fact that if the employee continues to carry out his activities after the end of the test, then he is considered to have passed the test. From this we can conclude that the very fact of passing the probationary period does not need to be documented in any separate document.

This means that the employer must be good at keeping track of deadlines. If a decision is made to dismiss after the probationary period, notice of this must be given to the employee no later than 4 working days in advance.

Such notice must contain the following information:

• The reasons why an employee is considered to have failed the test;
• Documents confirming them;
• Date of dismissal.

This document must be handed over to the employee against signature. It should also indicate the date of delivery. It is worth saying that it is better not just to list the reasons for dismissal, but also to make a link to the documents that confirm them. It is best to make copies of them and attach them to this notice. Then the employee will understand exactly what violations were committed during the test period.

Is the employee unwilling to accept the notice? Here you should do the following. The employer must draw up a report about this. Some of the organization's employees must be present during the drafting process. They, as witnesses, will certify with their signatures the fact that the employee was given a notice, and will also confirm its refusal to accept it. A copy of the notice should be sent to the employee’s home by registered mail (this is due to the presence of a receipt receipt). In this case, deadlines must also be observed. Such a letter must be sent to the post office no later than three days before the end of the probationary period. The date of such transfer is determined by the postmark on the receipt.

Upon dismissal as someone who has not completed the probationary period, an order is issued in form No. T-8 (for one employee) and No. T-8a (for several). On the day of dismissal, an entry is made in the work book with reference to the relevant norm of the Labor Code of the Russian Federation. The work book is returned to the employee.

If the test is passed...

Art. 71 of the Labor Code of the Russian Federation establishes that if the probationary period has ended, and the employee still continues to carry out work activities, then he is considered to have passed the test. It follows from this provision that if the test is passed, the employer may not notify the employee about this. But in practice, it would be better to notify the employee. Such a notice will undoubtedly set the employee up for further successful performance of his activities. And for the employer, this is a good opportunity to innocuously indicate which aspects of the job should be given more attention.

Payment during the probationary period: how to pay?

Art. 70 of the Labor Code of the Russian Federation says that during the probationary period, the employee is subject to all provisions of labor legislation and other acts. What does this mean for the employer? This excludes the establishment of lower wages than the established one. The staffing table shows all rates for each available position. And the salary for the probationary period cannot be less than the specified one. Its underestimation is unlawful.

But there are ways to establish reduced wages. An example would be salary indexation after the expiration of the probationary period, or transfer of an employee to another position in the staffing table.

Penalties during the probationary period

As already noted, during the probationary period the employee is equally subject to all provisions of labor legislation. That is, this means that it is possible to apply disciplinary measures to such an employee for any disciplinary offenses during this period. Collection must be made in accordance with Art. 246-248 of the Labor Code of the Russian Federation, and bringing to full financial liability is carried out in accordance with Art. 242-244 Labor Code of the Russian Federation.

Thus, a probationary period is an opportunity for an employer not only to get to know a potential employee, but also to understand whether they will succeed in further cooperation.

Everyone who has been employed at least once knows what a probationary period is. The employer has the legal right to assess the professional suitability and knowledge of a future employee over a certain period of time. This period can last from two weeks to six months. The validity period of the probationary period must be indicated when concluding an employment contract, and the employee must be notified of all details in advance. There should be no information about this in the work book.

So, what is the maximum probationary period for employment?

Information in the Labor Code

In Article 70 of the Labor Code of the Russian Federation you can find all the information regarding the probationary period when hiring. This period is a period of time set by the employer in order to assess the employee’s suitability for the position he is seeking to fill. The employment contract between the employer and the tested employee must contain information about the conditions and duration of the test.

How long the test should last for employees of organizations is determined by the Labor Code of the Russian Federation, and for civil servants, employees of the Ministry of Internal Affairs, the Investigative Committee and the Prosecutor's Office of the Russian Federation - federal laws.

For employees of enterprises, the duration of this period for employment in the general order is up to three months.

A special case is the signing of a short-term (up to six months) contract - in this case the trial lasts no more than 14 days. If an employer needs to set a probationary period for a candidate for a position, for example, for 3 weeks, then an agreement should be concluded for a period that will exceed six months.

Features of concluding an employment contract

Most often, the labor market offers jobs with a probationary period.

It is not a necessary condition for hiring an employee, but it is a legal right of the employer, allowing it to determine the candidate’s readiness for the position. If we talk about the employment contract, then everything related to information on the probationary period is an additional clause of this agreement, made by mutual agreement of the parties.

The test is not always carried out

Usually, if the employer is completely confident in the qualifications of the new employee, then there is no question of testing. Sometimes employers deliberately lure valuable employees from other organizations. Naturally, in this case the question of a probationary period is not raised - the employee is offered the conditions for which he decides to leave his previous job. But in normal practice, employers do not know how professionally suitable new employees are. Therefore, a trial period of 3 months is a good way out of the situation.

With all this, an employee who completes this period has all the rights of a full-fledged employee of the company, is a full representative of its work team and has the right to a salary in the amount specified for this period in his employment contract. Typically, the employer offers the applicant a lower salary than that offered for a permanent position. This nuance is not regulated in any way by the Labor Code. The maximum probationary period for employment often varies from company to company.

Registration procedure

The employment contract must detail all the conditions for hiring an employee, including for a probationary period. The exact dates of both the beginning and end of the test period, or its duration, must be specified. It should also be noted in the order for hiring an employee that he will undergo a probationary period in order to check his suitability for the vacancy. One of the copies must be given to the employee.

It is clear that it is much easier to fire an employee during a probationary period.

In what cases can it not be installed?

The test period is prohibited in some cases. This applies to certain categories of persons, such as:

• hired for a position as a result of a competition;
• pregnant women who are about to go on maternity leave;
• citizens who have not reached the age of majority;
• graduates for whom this is the first job;
• an employee who is selected for a given paid rate;
• an employee who received a position as a result of transfer from another organization.

There are also other conditions when, according to Article 70 of the Labor Code of the Russian Federation, a probationary period cannot be established. For example, this is temporary employment, when an employee is hired for a position for a period of up to two months. Also if the employment contract is concluded before the employee completes the apprenticeship period. The same condition applies to those who replace employees belonging to certain categories for a specific period: managers, advisers, assistants. This also applies to the rules for hiring employees to the customs service: if they accept graduates who have completed their studies in specialized educational institutions of federal significance or who came through a competition.

What is the probationary period for workers and representatives of other professions?

Duration of probationary period

Typically the trial period is three months. But for senior employees, such as financial directors, chief accountants and their deputies, the probationary period can be up to six months. The probationary period for managers is also 6 months. If we are talking about fixed-term employment contracts concluded for a period of up to six months, then the probationary period should not exceed two weeks.

Minimum and maximum probationary period when hiring

The minimum probationary period is the two-week period established for fixed-term employment contracts concluded for six months or less. If a regular employment agreement is concluded, then the employer himself decides what the probationary period will be: one, two or three months (which depends on the position held by the applicant).

According to Article 70 of the Labor Code of the Russian Federation, the manager has the right to initiate an extension of the probationary period. This issue is regulated by two documents - an employment agreement between the employer and employee, as well as an order for employment. And if the tested employee was on sick leave during the probationary period, took time off, or underwent specialized training, then the probationary period can be extended.

All these conditions must be mentioned in advance in the documentation that is drawn up when hiring. If the probationary period is extended, the employer will need to issue an additional order, which must indicate the period for extending the probationary period, as well as the valid reasons that formed the basis for such a decision.

If an applicant for a position is hired in accordance with the Labor Code on a permanent basis, then the maximum period for checking the employee may be not 3 months, but six months.

In what cases is it possible to terminate the trial early?

The main reason for early termination of the test period may be its successful completion. In this case, the employer must issue an order according to which the probationary period is terminated and describe in it the reasons for this action. An employee may submit an application to leave the organization if he is not satisfied with the position for which he applied.

Can an employer, on his own initiative, complete a labor test before it is completed under the terms of the employment agreement? For example, if he found the work of a newly hired employee unsatisfactory? According to the law, it can. But this step also needs to be formalized by issuing an appropriate order and notifying the employee of this decision in advance.

Rights of an employee undergoing a probationary period

Labor legislation strictly regulates this point, indicating that the employee undergoing testing has exactly the same rights and responsibilities as all other employees of the organization. This point also applies to wages, including receiving bonuses and all social guarantees implied by the position.

If a candidate is faced with a violation of his rights, he can appeal against the employer’s actions that infringe on his interests in court. This also applies to early termination of an employment agreement.

An employee on probation has the right to take sick leave, and, just like for other employees, it must be calculated based on his average daily earnings. However, the probationary period will not be counted for the duration of the sick leave; it will resume when the employee returns to work. If a person decides to stop cooperating with the organization, the employer will be obliged to pay for his sick leave.

What determines the employee’s salary during the probationary period?

Since the tested employee is under the protection of the Labor Code, his rights should not be less than those of all other workers in this organization. And his salary is determined in accordance with the organization’s staffing table. However, employers often get around this point by introducing into the schedule a smaller salary, which is due to “assistants” or “assistants” of various positions. The size of this salary should not be less than the minimum wage.

Among other things, the new employee must be paid for all sick leave, overtime, work on holidays or weekends.

The probationary period for chief accountants is six months.

End of test period

There is a certain situation in which it is impossible to dismiss an employee after the probationary period. It applies to employees who became pregnant during a given period of time and provided the employer with the relevant certificates. In all other cases, the period for checking an employee ends either positively, when both labor parties are satisfied with the work and the employee is enrolled as a permanent employee of the organization in accordance with job descriptions, and negatively, when the work of the subject turns out to be unsatisfactory for the employer and the employment contract is terminated. In the latter case, the dismissal order must contain a listing of its reasons and evidence of the employee’s unsuitability for the position.

In this case, it is necessary to take the written justification for dismissal seriously, because the employee may consider these actions unlawful and go to court. This can be avoided by evidence that the employee did not follow safety rules, did not follow instructions, or skipped work without good reason.

We have reviewed the maximum probationary period for employment.

The probationary period is a convenient preliminary assessment tool. 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.

In order for the trial period to be productive and not cause controversial situations, the parties must discuss the conditions for completion 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 cadre 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 terminate the employment of the subject, written notice must be prepared and delivered 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 of the Labor Code of the Russian Federation must be indicated.

On the last working day, the employee is given his work and pay slips. Severance pay is 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 the production process suffers because of it. 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 work place 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 a longer period (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 ahead of schedule, 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 graduated from educational institutions in their field 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 to 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 must notify management (you can by phone), see a doctor and open a sick leave sheet.

On the last day of illness, you must 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 salary reduction 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 gets used to the 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: