Maximum probationary period under an employment contract. Maximum probationary period under the labor code

There are situations when the employer abuses the rights of potential employees when hiring. To avoid such problems, every worker must be aware of their rights. You should be aware that all aspects of labor relations between an employee and an employer are regulated by labor laws. The proposed article will help you understand the peculiarities of accepting new specialists, as well as learn more about your rights.

Probationary period for employment under the Labor Code

The legal basis for the probationary period is contained in the Labor Code of the Russian Federation. The relevant regulation deals in detail with the basic requirements of the probationary period for each worker. The conditions contained in the law are as follows:

• It is mandatory to draw up an agreement between the parties indicating the rights and obligations of each of them. In the absence of such a document, the trainee is considered employed;
• The test period can only be set at the start labor activity;
• Extension of the internship is prohibited;
• The duration of the test is specified in the employment contract. It must comply with the Labor Code of the Russian Federation. If necessary, the time can be reduced;
• When making a contract from 2-6 months, the verification should not be more than 2 weeks;
• Remuneration is obligatory;
• The duration of this period is included in the length of service;
• The manager can refuse employment only during the test;
• The law establishes a list of persons not subject to verification.

Maximum probationary period under the Labor Code

The principles of hiring new employees for a vacant position are indicated in the Labor Code of the Russian Federation. According to the provisions of the law, the following periods of probation exist:

• For persons who have concluded a fixed-term employment contract for no more than 2 weeks;
• One month for workers;
• The maximum duration for all employees is 3 months;
• The internship of managers and other representatives can last up to 6 months;
• The law also provides for the possibility of establishing an inspection of up to 1 year for civil servants.

In addition, it should be noted that the time the employee is absent from the workplace is not counted.

Extension of the probationary period under the Labor Code

Extending the probationary period is contrary to the provisions of the Labor Code, as well as other legislative acts. The contract concluded between the employer and the applicant for the position must include a maximum verification time. Failure to comply with the terms of the agreement may result in consequences. legal basis to extend the test, there may be a worker's absence from work for some time for good reasons.
To issue an extension of the probationary period, the employer must issue an order. The content of the order must include:

• Name of the organization and personal data of the head;
• Document name and number;
• The reasons for the extension of the term are indicated;
• The number of days by which the check is extended;
• The data of the trainee are noted, and evidence of his absence is presented.

Dismissal on probation

If an employee who has completed an internship has not shown the proper result in the verification process, the employer has the right to dismiss him. This event must be carried out by following some rules:

• A written notice is required stating the reasons for the decision;
• The letter should be sent 3 days before the dismissal;
• After three days from the date of notification, a dismissal order must be drawn up. It must indicate the reasons for the decision, and supplement the document with supporting evidence. If no evidence is found, the employee cannot be fired;
• Claims of clients, colleagues, violation of discipline can serve as evidence;
• Implement this process only possible during the probationary period.

According to the Labor Code, an employee has the opportunity to make a dismissal on own will. To do this, you need to notify the management 3 days in advance and write a letter of resignation. The three-day period is considered mandatory during the test.

Can a pregnant woman be fired on probation?

The Labor Code provides pregnant employees with a number of privileges. To use them, you must meet the following criteria:

• The pregnant worker and the employer must be aware of the situation;
• A medical certificate must be provided to confirm the fact of pregnancy.

If the above criteria are met, then a pregnant employee cannot be fired at the request of the management. In other cases, the woman has the opportunity to receive probation and get fired. Resignation can only be carried out at one's own will or by joint agreement.

How much is the salary for probationary work according to the Labor Code?

When hiring a new worker for a vacant position, the employer must follow all the provisions of labor legislation. Special attention must be paid during the probationary period.

• When passing tests, it should be taken into account that the trainee has rights and obligations similar to other workers;
• Probationary pay is mandatory. It should be commensurate with the qualifications and complexity of the employee's work. The salary cannot be lower than the minimum payments and must comply with the Labor Code of the Russian Federation;
• Wage must be agreed upon by the parties.

Interns who want to find a new job often face deception from management. They are granted a limited list of rights, low wages, which is contrary to the law. To avoid such problems, it is recommended to familiarize yourself with the provisions of the Labor Code of the Russian Federation.

Today, it is very rare to find firms that do not establish a probationary period for new employees to test their professional suitability. However, often neither the employee nor even the employer fully understands the meaning of the probationary period and the consequences of its establishment. Therefore, further we will talk about the cases in which a probationary period can be established, what are the procedure and consequences of its establishment, and we will describe the main features associated with the probationary period.

When and in what order can a probationary period be established

In accordance with Art. 70 of the Labor Code of the Russian Federation (hereinafter referred to as the Labor Code of the Russian Federation), a test for employment is established by agreement of the parties to verify the compliance of the employee with the work assigned. Thus, the probationary period can only be fixed in the agreement of the parties. which is usually an employment contract. The test condition cannot be established by order of the employer and cannot be fixed in the local acts of the organization, which are introduced to the employee after hiring.

If, upon hiring, the employee “was not registered”, in other words, an employment contract was not concluded with him, then by virtue of Art. 16 of the Labor Code of the Russian Federation, as a general rule, such an employee, however, is considered accepted and has all the rights in accordance with the Labor Code of the Russian Federation. Since in this case there is no employment contract, there is also no agreement on the establishment of a probationary period. Therefore, the employee is considered accepted without testing.

Since the probationary period is set only upon hiring, it cannot be set later, even by agreement of the parties. Therefore, if there is no record of probation in the employment contract concluded for employment, it will no longer be possible to introduce a probationary period by legal methods.

Please note that the Labor Code of the Russian Federation does not speak of a probationary period, but uses the term "test". Therefore, in order to avoid disputes between the employee and the employer, the employment contract should specify the establishment of a test, and not a probationary period.

In Art. 70 and some other articles of the Labor Code of the Russian Federation are indicated persons who cannot be placed on probation. Most often, this restriction applies to the following categories of persons:

• pregnant women and women with children under the age of one and a half years;
• persons who graduated from state-accredited educational institutions of primary, secondary and higher vocational education and for the first time entering work in the received specialty within one year from the date of graduation educational institution(we are talking about young specialists who have left the university);
• persons invited to work in the order of transfer from another employer as agreed between employers.

Thus, even if the employment contract concluded with these persons contains a probationary condition, this condition will be invalid, as contrary to the law. For these persons, the test is fundamentally unacceptable.

As a general rule, the probationary period cannot exceed three months.. For the heads of the organization, chief accountants and their deputies - 6 months. It is important to note that the probationary period does not include the time when the employee was actually absent from work, for example, he was sick.

Consequences of probation

The main consequence of establishing a probationary period is the possibility of simplified termination of the employment contract both for the employee and the employer.

The simplified procedure is expressed in the fact that an “unsatisfactory test result” is enough to dismiss an employee during the trial period. Although it is important to note that unsatisfactory results must be confirmed and must be attributed specifically to business qualities worker. In other words, it is impossible to dismiss an employee if there were no claims against him on the business side, but "did not agree on the characters." In the latter case, the dismissal will be declared illegal. The procedure for an employee to act upon illegal dismissal is described in a separate article.

The main evidence of an unsatisfactory test result can be:

• disciplinary orders,
• memorandums of the immediate superior about unsatisfactory quality work of a subordinate,
• explanatory notes of the employee himself on the facts of committed violations,
• an act drawn up based on the results of an internal audit, etc.

It is very important for the employer to have evidence that the employee did not cope with his work. If an employee is late or absentee, it is necessary to follow the entire procedure for bringing to disciplinary responsibility. If an employee swears obscenely with his colleagues, it is necessary to appoint an internal check, collect explanatory notes and draw up an act based on the results. And this should be done in every situation when the actions of the employee are not satisfied. In court in a dispute about illegal dismissal simple words about perfect absenteeism and an irresponsible approach to work will not be enough.

Before dismissing an employee, the employer is obliged to notify him of the upcoming dismissal no later than three days in advance. The notice must indicate the reasons why the employer concluded that the test result was unsatisfactory. Only after three days from the date of notification, the employer can issue an order to terminate the employment contract, otherwise the dismissal may be declared illegal due to non-compliance with the established procedure. The dismissal order must be issued within the probationary period.

An employee can also terminate an employment contract in a simplified manner. If usually, upon dismissal of his own free will, the employee is obliged to notify the employer two weeks in advance, then while on probation, the employee must notify the employer of the dismissal in just three days.

By and large, other consequences, except for the simplified procedure for terminating an employment contract, the establishment of a probationary period does not entail. Therefore, the employee during the trial period is endowed with the same rights as the rest of the employees of the organization.. In connection with the probation, he cannot be given a lower salary, longer hours of work, etc. The only difference between such an employee is that he can be dismissed in a simplified manner. In all other respects, he has the same rights and bears the same duties as his colleagues.

Dismissal during a probationary period can be carried out at the initiative of both the employee and the employer. However, despite the short period of work, the procedure for dismissing an employee during a probationary period must also be observed.

Can I get fired during my probationary period?

Often, in the terms of the contract, when hiring a new employee, a period is prescribed during which his professional qualities can be identified and evaluated. This period of time helps the parties to understand the expediency of further relationships. The probationary period can be set with different duration, depending on the position held.

There is no probationary period for:

• pregnant women;
• women raising children under 1.5 years old;
• persons under the age of 18;
• graduates of educational institutions.

NOTE! The employer has the right not to require confirmation of the status of the above persons. Therefore, documents confirming such a situation must be presented by the employees themselves.

The probationary period is set only when a new person is hired. If there is a need to transfer an already working employee to another position, a probationary period is not provided.

The duration of the probationary period and other conditions should be prescribed in the employment contract, and also reflected in the order when hiring. Further change of these conditions is allowed only by agreement of the parties.

For most employees, the duration of the probationary period is 3 months; at its discretion, the employer may limit itself to a shorter period. For applicants for senior positions, including chief accountants, the probationary period may be extended up to 6 months. If the contract is concluded for a period of 2 to 6 months, the trial period lasts up to 2 weeks.

The reasons for dismissal during the trial period may be the same as the termination of the contract in other situations. At the same time, in case of unsatisfactory results of the work of the hired employee, the employer has the right not to pay the severance pay.

For more information on how to make the final settlement upon dismissal, see the material "Calculation of compensation for unused vacation under the Labor Code of the Russian Federation" .

Article of the Labor Code on dismissal during the trial period at the initiative of the employee without working off - how is the application written?

An employee who is dismissed during a probationary period may do so at his own request. There should not be any difficulties with how to quit on probation. But for this, it is necessary to notify the management of the organization in writing 3 days before the expected moment of termination of the employment contract. If both parties agree to terminate labor Relations earlier, then working off, including a 3-day one, is optional (Article 78 of the Labor Code of the Russian Federation).

The application in this case is written in free form indicating the reasons for dismissal. For example: " I ask you to dismiss me of your own free will before the expiration of the probationary period due to the fact that I am not tired of the working conditions in my position.

However, it should be remembered that if the period of the appointed probationary period has expired, and the management does not express a desire to terminate the contract, the employee automatically continues to perform his duties for common grounds. No additional documents are required. However, if the employee wishes to quit on their own initiative after the end of the probationary period, it will be necessary to notify the employer at least 2 weeks in advance.

In some cases, when hiring, the possibility of passing a probationary period is not stipulated. In such cases, it is also necessary to work out within a 2-week period.

Settlement with an employee upon dismissal during a probationary period can only be made in the usual manner (salary, compensation for periods unused vacation). But additional payments, for example, severance pay, can be counted upon dismissal of one's own free will only if this condition is spelled out in local regulations.

Other information about the features of calculating severance pay can be found in the material “Is severance pay subject to insurance premiums?” .

How to dismiss an employee on a trial period and after it at the initiative of the employer?

Hiring an employee with a mandatory probationary period is accompanied not only by a record of this condition in the employment contract. It is necessary to make a list of requirements and tasks, the fulfillment of which is mandatory for further enrollment in the state. Successful completion of the probationary period includes, among other things, the solution of all tasks assigned to the employee.

If a contract was initially concluded with the employee that does not stipulate the existence of a probationary period or there is no separate written agreement on this condition, termination of the contract as dismissal during the probationary period can be easily challenged.

The dismissal of an employee during a probationary period, committed at the initiative of the employer, must be accompanied by a warning of the employee himself about the upcoming fact 3 days in advance (Article 71 of the Labor Code of the Russian Federation). To do this, the employee is given a written notice containing the reasons for dismissal and the date of termination of the contract.

Determining the timing of the test has its own characteristics. This period is set in calendar days, including weekends and holidays. However, the absence of an employee from the workplace due to other situations, including due to illness and for unknown reasons, is not included in the probationary period.

If the end of the probationary period falls on a non-working day, then the last day of the performance of official duties in this status is considered the previous working day. That is, if the employer nevertheless decides to carry out the dismissal during the trial period, then the notice will need to be given in advance.

As soon as the probation period comes to an end, the employee is considered accepted for the position, unless otherwise specified in the employment contract. The simplified dismissal procedure available to employers during the probationary period is no longer valid, and the employee is subject to the rules in force for ordinary employment.

Dismissal of an employee as not having passed the probationary period

The employer has the right to terminate the contract with an employee who did not cope with his duties during the probationary period, and also showed himself unable to perform further work.

Dismissal on probation can be carried out before the end of this period. The employer can terminate the contract with a new candidate at the very beginning of his work. However, the fact of inconsistency with the position held by the employee will have to be confirmed.

Before dismissing an employee who has not passed the probationary period , you should give him a warning about dismissal, and this must be done 3 days before the issuance of the order. This period, as well as the basis for terminating an employment contract with an employee who has not passed the test, is valid only during the trial period. After this period, if the management does not take any action in relation to the hired employee, it will no longer be possible to dismiss him under the same conditions.

The following periods are not included in the trial period:

• vacation (including at your own expense, educational);
• periods of disability;
• periods of downtime in production, if the employee is absent at this time with the knowledge of management;
• suspension from work;
• performance of state or public duties;
• absence from work for unexplained reasons.

You can read more about the registration of absenteeism in the article “How to correctly arrange absenteeism for an employee according to the Labor Code of the Russian Federation?” .

Business trips of employees are included in the probationary period. Moreover, according to the results of the performance of travel assignments, one can judge the compliance of the employee with the position held.

During the entire period of the employee's activity on a probationary period, the employer will need to record the facts of the fulfillment or non-fulfillment of tasks, confirming everything with documents. When conflict situations the employer, upon dismissal on a probationary period, can, with the help of such documents, provide irrefutable arguments testifying in favor of the employee's incompetence.

Evidence of unsuccessful completion of the probationary period can be information from the following sources:

• acts of unsatisfactory product quality;
• memos and memos from immediate superiors and other employees about the unsatisfactory quality of work of the tested employee;
• minutes of the meeting of the commission to discuss the results of the probationary period;
• employee reports on the results of his activities.

If during the probationary period an employee was subjected to disciplinary measures, then these facts can also serve as evidence of his inadequacy for his position.

In addition, the tested employee must be familiarized with the internal regulations, job description and other local regulations against receipt.

More detailed information you can read about the duties of HR workers at the enterprise in the material "HR records management from scratch - step by step instructions 2017".

Step-by-step instructions for dismissing an employee who has not passed the test and a sample notification of failure to pass the test

In the event of an unsatisfactory impression of the employer from an employee who was on probation, the employer has the right to dismiss him as having not passed the probationary period in a simplified manner (part 1 of article 71 of the Labor Code of the Russian Federation). However, this will require following a certain procedure, the main component of which is the notice of termination of the agreement.

When designing, the following subtleties should be taken into account:

• notice of dismissal should be no later than 3 calendar days before the planned day of termination of the employment agreement;
• if the notification is not presented to the employee before the end of the probationary period, he is considered to have successfully passed the probation, and dismissal becomes impossible in a simplified manner;
• the notice must indicate the reason for the non-compliance with the position;
• it is forbidden to make a decision on dismissal if the employee is at that time on sick leave or on vacation.

Step-by-step instruction for dismissal on probation may look like this.

Firstly, the employee who has not passed the probationary period should be notified in writing, in which it is necessary to indicate the reason for such a decision. You can find a sample notification text on our website at the link below.

Secondly, it is necessary to issue an order from the head of the enterprise to dismiss this employee. The dismissed person must be familiarized with the text of the order against receipt.

Thirdly, it is necessary to make an appropriate entry in the work book.

Correctly filling out a work book will help the material "Filling out a work book upon dismissal - sample-2017"

Fourthly, a full settlement should be made on the funds earned by this employee. The final settlement is made with the employee on his last working day or on the day of the appeal (if the dismissed person is not at work on that day). Severance pay to citizens who have not passed the probationary period is not paid.

Variations can only be in the activities of the first paragraph. After the decision to dismiss on probation is made, it may happen that a refusal to accept the notice will follow. Then an appropriate act is drawn up, recorded by at least 2 witnesses.

Results

If an employee has not passed the probationary period, every employer should know how to fire him without violating the law. There may be slightly more grounds for dismissal during the probationary period than with the usual termination of the contract. staff member at the initiative of the employer. In this case, the amount of payments may be less. The employee also has the right to quit if the new place and working conditions do not suit him, without passing the mandatory working off for a period of 2 weeks.

However, do not forget about the duration of the probationary period, after which you will have to terminate the employment contract on a general basis.

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

What is a probationary period

The concept of a probationary period is regulated by articles 70 and 71 of the Labor Code of the Russian Federation. The probationary period is the time allotted for the employer to evaluate in practice the professional skills and personal qualities of the newly accepted candidate. The duration of the probationary period may vary and depends on the level of the position for which the employee was hired, as well as on the nature of the work performed. The condition for the presence of a probationary period when hiring in without fail is prescribed in the employment contract with the citizen being hired. In turn, the employee also has the right to use this period of test work in order to evaluate factors that are significant for him, for example, working conditions, the mood in the work team, the characteristics of colleagues and immediate supervisor. If one of the parties finds that something does not suit her, the employment contract can be terminated. The initiator of the termination of the contract can be both the employee and the employer.

Video: probationary period for employment

Is a probationary period included in the length of service?

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

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

How is a probationary period different from an internship?

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

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

Video: what is an internship

Probationary period

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

Maximum and minimum probation period

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

Can the trial period be extended?

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

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

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

Early termination of the trial period

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

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

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

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

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

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

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

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

Video: labor rights for pregnant women

Regulation on probation

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

Regulation on probation. Sample.

1. GENERAL PROVISIONS.

1.1. The trial period is last step assessing the professional suitability of a candidate for a vacant position.

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

1.3. The probationary period shall not exceed three months.

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

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

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

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

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

2. ORDER OF PASSING THE PROBATION PERIOD.

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

2.1.1. Conducts an informative discussion about the conditions professional activity(Appendix 3);

2.1.2. Introduces the new employee to the job description. The employee certifies with his signature that he is familiar with the job description, agrees to carry out the tasks listed in it functional responsibilities. The job description is issued to the employee. A copy signed by the employee remains with the immediate supervisor;

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

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

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

2.2. Organization of probation.

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

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

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

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

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

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

Applications:

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

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

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

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

AGREED:

First Vice-Rector __________________________

Head of Human Resources ______________________

Lawyer _____________________________________

Chairman of the trade union committee of employees _______________

Attachment 1.

"AGREED" "APPROVE"

Vice-rector Head of department

_______________________ ________________________

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

Who should not be placed on probation

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

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

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

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

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

Making an employee on probation

When hiring an employee with the condition of mandatory completion of a probationary period, the employer must properly prepare everything Required documents and include in the employment contract, among other things, a clause on the availability of preliminary tests for a newly hired employee. Otherwise, labor disputes and litigation may arise.

How to draw up an employment contract with a trial period

The employment contract must contain a clause stating that the employee will have to go through a probationary period to confirm qualifications. Can't be separate agreements for a trial period. Some employers offer to sign an internship agreement first. Such behavior is a sign of dishonesty of the employer. According to the law, an employment contract must be prepared no later than three days from the date of entry to work. A sample employment contract with a three-month trial period is easy to download from the link.

Video: Popular probation questions

Liability agreement for the period of probation

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

Assignment for probation

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

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

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

Features of establishing a probationary period when transferring to another position

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

The result of the probationary period and its staffing

After the parties sign the employment contract, which indicates that the employee is accepted subject to a probationary period, personnel service the company issues a corresponding order. At the end of the probation period, the company issues special documents confirming the success or failure of the new employee to pass the test period.

Probation period report

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

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

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

Reports can be formatted in a variety of ways.

Characteristics of the employee after the verification period

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

Conclusion on passing the probationary period

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

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

Order on the end of the probationary period upon successful completion

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

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

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

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

Video: dismissal upon failure to pass the probationary period

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

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

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

New employee responsibilities include:

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

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

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

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

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

Is it possible to fire a pregnant employee on probation?

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

Salary on probation

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

Video: probationary salary

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

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

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

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

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

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

An employee is the main driving mechanism of every enterprise: from a small firm to a large corporation. The functioning depends on the quality of its work. the whole organization. In the process of searching for suitable candidates, a significant part of applicants is eliminated for various reasons. For rate professional qualities the prospective employee needs to see him in action. It is for these purposes that a probationary period is provided for in the Labor Code (hereinafter in the article - the Code).

What do you need to know about probation?

A probationary period may be issued to check candidates for compliance with the stated requirements. Its duration should not exceed three months. Moreover, there is one more limitation - for works that last from two to six months, it is not recommended to install tests. If it is impossible to do without them, then it is permissible to issue their duration for no more than two weeks.

Article 70 of the Code contains a list of persons for whom a probationary period of six months is possible. Among them:

• heads of enterprises and organizations,
• heads of structural and separate subdivisions, branches of organizations and enterprises,
• chief accountants and their deputies.

When passing tests, periods of disability or actual absence from work for any reason are not taken into account. If the employment contract does not contain a mark on the probationary period, then it is considered that the employee was accepted without it. During the testing period, the employee is obliged to comply with the standards established in labor law. It should also be taken into account that there are some categories of persons for whom a probationary period is not established.

Restrictions on the application of the probationary period

When registering certain citizens for work, simplified conditions for admission are used. This is based on the fact that they belong to special groups for which the application of the general procedure is unacceptable for a number of reasons. The probationary period is not established for the categories of persons indicated below:

• women during pregnancy,
• women with children under one and a half years old,
• minors (under 18 years old),
• employees who have entered into a contract for a period of less than two months,
• applicants who have received education (secondary specialized or higher education) under programs with state accreditation and who are getting a job in their specialty for the first time within a year after the end of the training period,
• candidates who have settled in an elective position (paid),
• employees who were transferred from another company by agreement of employers,
• applicants who were selected by competition to fill a specific position.

The first part of Article 207 of the Code also contains information on the prohibition of a probationary period for persons who have successfully completed apprenticeship and subsequently signed an agreement with the employer from whom they were trained. A similar restriction also applies to citizens who are undergoing an alternative civil service(paragraph 41 of Decree No. 256 of May 28, 2004). In a situation where an agreement is concluded with the listed persons, which contains information about the passage of their probationary period, it is automatically canceled (will not have any effect). The dismissal of these employees due to failure to pass tests within the period is recognized as illegal (Article 71 of the Code).

To restore justice, the listed persons can sue. In accordance with Article 394 of the Code, the employee may be offered the following options:

• monetary compensation (moral damage),
• reinstatement,
• monetary compensation for the period of forced downtime.

A few words about the design of tests

All relations between employers and employees are formalized by relevant contracts. The trial period is no exception. There is a special note in the contract. In the absence of a mention of a probationary period, it is concluded that the employee was accepted on a general basis (without passing tests). If, for some reason, the employee began to perform his duties without signing the relevant papers (the contract was signed later), then it is considered to be accepted.

A probationary period can only be issued before the commencement of employment. Salary for the specified period is paid in full size according to the position. According to Article 70 of the Code, an employee on probation has all the rights and obligations contained in labor law. In accordance with this, penalties and measures provided for in the organization for violation of internal rules may be applied to him.

When passing tests, not only the employer makes a decision regarding the employee. The latter can also analyze the situation within the company and decide on the need to continue working. If something does not suit him, he can terminate the contract. Prior to this (three days in advance), the employee must notify the manager of his intention in writing.

Negative test results are a valid reason to terminate the contract. Head of writing notifies the employee three days in advance. Reasons must be stated in the decision. The employee has the right to challenge it in court. If the probationary period has ended, but the employee continues to perform official duties, it automatically counts as passing the test. In this case, the termination of the contract can be carried out on a general basis.

Penalties for violation of labor order

Legislation strictly regulates the relationship between employees and employers. Any violations - intentional or accidental - are punishable by certain types of penalties. Article 5.27 of the Code of Administrative Offenses provides for liability (administrative) for non-compliance established norms. From legal entities, an amount in the amount of thirty to fifty thousand rubles is collected. officials and individual entrepreneurs will be required to pay from one to five thousand rubles.

Errors in the execution of the contract or its absence leads to a fine equal to ten to twenty thousand rubles for officials. For legal entities, it will amount to fifty to one hundred thousand rubles. If the violation was committed by a person who is engaged in entrepreneurial activity without education legal entity, then the amount is from five to ten thousand. Repeated commission of these violations is punishable by increased monetary penalties and suspension of activities for certain categories of employers (Article 5.27, paragraphs 4 and 5).

Employees are the most important element in building a reliable and profitable business. It does not matter what duties they perform - they draw up documentation or are directly involved in the production of goods. The prosperity of the company and the quality of project implementation depend on the correct selection of personnel. Every employer strives to find a high-class professional, but this is not always easy.

The trial period allows you to solve a wide range of emerging problems (assessment of the candidate's personality, skill level, etc.). When hiring an employee, it becomes possible to analyze his behavior and the principle of work in a particular company. With a successful demonstration of his skills, he receives a vacant position. For many employers, this approach to the selection of employees is the only acceptable option, because no interview can guarantee a candidate's 100% fit for the position. Real activities and actual results are the best proof of the applicants' abilities.

Trial period: rules for establishing