Probation. Legal aspects
1. GENERAL PROVISIONS
1.1. The purpose of the test when hiring is to check the compliance of the employee with the activity assigned to him directly in the working environment.
1.2. The trial period may not exceed three months.
1.3.
The duration of the probationary period is indicated in the order for employment and in the employment contract. The absence of a probation clause in the employment contract with the employee means that the employee was accepted without probation (Article 70 of the Labor Code of the Russian Federation).
1.4. The period of probation does not include the period of temporary disability and other periods when the employee was absent from work for a good reason.
70 of the Labor Code of the Russian Federation).
3. TEST RESULT
3.1.
If the result of the test is unsatisfactory, the employee is dismissed with pay for the time actually worked and with the wording "as if he did not pass the test" (Art.
71 of the Labor Code of the Russian Federation).
3.2. If during the probation period the employee comes to the conclusion that the job offered to him is not suitable for him, he has the right to terminate the employment contract by own will by notifying the employer writing in three days (Article 71 of the Labor Code of the Russian Federation).
3.3. If the probation period has expired, and the employee continues to work, he is considered to have passed the probation.
Subsequent termination employment contract allowed only for common ground(art.
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Although this act is not considered mandatory, it is of particular importance for personnel employees, because thanks to it, rules are established on how to hire new employees.Necessary local document for this case, this is a provision on the procedure for hiring citizens. Its content must comply with the Labor Code, the Civil Code of the Russian Federation, as well as the company's charter.
The following list of sections is only an example, none of them is approved as mandatory.
Probationary period according to the labor code: duration, salary and other nuances
The signature of the employee is required, confirming that he was familiarized with the job descriptions, standards and internal rules.- conflict (complaints of colleagues), etc.
- implementation of plans;
- compliance with job instructions;
- facts of violation of discipline (for example, being late or smoking, if this is prohibited by internal regulations);
Regulations on the procedure for passing the probationary period general provisions
2.1.1.During the first three days after leaving, the immediate supervisor draws up a work plan for the new employee in accordance with the job description for the probationary period (see Appendix No. 2 to this Regulation).
The work plan of a new employee is approved by the head of the department, signed by the employee and agreed with the director. One copy of the plan should be with the employee, one - with the immediate supervisor.
The procedure for conducting a test when applying for a job
It is worth noting that if the employee was allowed to work, and the contract was not signed, then in the future the employer does not have the right to add a test condition to it.- An employee who is on probation is subject to all legal norms of labor legislation.
The provision on the passage of the probationary period is more imperative paper, dictating certain orders and rules of conduct for those applying to the institution.
It is very difficult to change the conditions of the probationary period developed by the organization. New employees have to accept or reject them. Approval of the authorities, signature and seal of the organization; The name of the position brief description; General provisions, reminiscent of the procedure for passing the test; Results that allow us to draw conclusions about further cooperation or dismissal; At the end, it is permissible to put a mark on familiarization with the procedure.
The procedure for passing the probationary period in accordance with the Labor Code of the Russian Federation
It is also necessary to disclose the basic concepts that are used in the provision: a plan for the time of the test, the employee's curator, and others. Distribution of duties between the curator of the new employee, the head of the structural unit and the head of the organization.The procedure and terms for preparing a report on the results of the test. Under what conditions can the time for checking the qualifications of a new employee be reduced. A plan is drawn up individually for each employee.
I APPROVE ____________________________________ (name of the position of the head of the enterprise) ____________________________________ (full name, signature) "____" ___________________ _____
REGULATIONS on the procedure for passing the test when applying for a job
1. GENERAL PROVISIONS
1.1. The purpose of the test when hiring is to check the compliance of the employee with the activity assigned to him directly in the working environment.
1.2. The trial period cannot exceed three months (for heads of organizations and their deputies, chief accountants and their deputies, heads of branches, representative offices or other separate structural divisions organizations - six months).
When concluding an employment contract for a period of two to six months, the probation may not exceed two weeks.
1.3. The duration of the probationary period is indicated in the order for employment and in the employment contract. The absence of a test clause in the employment contract means that the employee was accepted without testing (Article 70 of the Labor Code of the Russian Federation).
1.4. The period of temporary disability and other periods when the employee was absent from work for a good reason (Article 70 of the Labor Code of the Russian Federation) are not counted in the probationary period.
2. PROCEDURE FOR PASSING THE TEST
2.1. When applying for a job, an employee of the personnel department introduces a new employee against receipt with internal regulatory documents.
2.2. The personnel department develops an adaptation program for the employee within two days from the date of his enrollment and within three days from the date of enrollment introduces the employee to it against signature.
2.3. Within a month from the day the employee is hired, the personnel department organizes mandatory primary training for him for a period of not more than 3 days (a course of lectures).
2.4. The immediate supervisor introduces the new employee to the Regulations on the unit and the corresponding job description.
2.5. The employee signs the job description: the signature certifies that he has read the job description, agrees and is ready to perform the listed functional duties.
2.6. Signed by the employee job description transferred to the personnel department and filed in a special folder.
2.7. The immediate supervisor appoints a curator (an employee of the unit who has worked at the enterprise for at least 1 year), who introduces the new employee to corporate standards.
2.8. The immediate supervisor, together with the newly hired employee (within the first week after enrollment), draw up a work plan for the duration of the test; the plan includes the name of the work, the deadline for their implementation and the specific result that the employee must achieve.
2.9. The work plan of a newly hired employee is approved by the immediate supervisor, agreed with the supervisor personnel service and signed by the employee, after which it is transferred to the personnel department.
2.10. Two weeks before the end of the probationary period, the immediate supervisor and the employee discuss the compliance of the set goals (work plan) with the specific results achieved.
2.11. The immediate supervisor writes an analytical note on the results achieved by the employee during the testing period, and gives the conclusion "passed the test" or "failed the test."
2.12. The conclusion on the completion of the probationary period and recommendations are submitted to the head of the personnel department no later than a week before the end of the employee's probation.
3. TEST RESULT
3.1. If the result of the test is unsatisfactory, the employee is dismissed with pay for the time actually worked and with the wording "as he did not pass the test" (Article 71 of the Labor Code of the Russian Federation).
3.2. If during the probation period the employee comes to the conclusion that the job offered to him is not suitable for him, then he has the right to terminate the employment contract at his own request, notifying the employer in writing three days in advance (Article 71 of the Labor Code of the Russian Federation).
3.3. If the probation period has expired, and the employee continues to work, he is considered to have passed the probation. Subsequent termination of the employment contract is allowed only on a general basis (Article 71 of the Labor Code of the Russian Federation).
Head of HR department:
__________/_____________
I am familiar with this Regulation ___________ / ____________ /
REGULATIONS ON THE PROBATION PERIOD
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 has a duration of no more than three months, with the exception of cases provided for by labor legislation.
1.4. The duration of the probationary period is indicated in the order for employment and in the employment contract (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 a good reason (Article 70 of the Labor Code of the Russian Federation).
1.6. Employment by way of transfer from third-party organizations is carried out only with the written permission of the director (because employment by way of transfer does not imply a probationary period (clause 4 of article 70 of the Labor Code of the Russian Federation).
1.7. The trial period may be reduced to a duration of at least one month. The basis for this is the decision of the head, confirmed by the positive results of the test.
1.8. In case of an unsatisfactory result of the test, the employee is dismissed without paying a severance pay with the wording “as he did not pass the test”, warning the tested employee about this at least three days before the end of the probationary period (Article 71 of the Labor Code of the Russian Federation).
1.9. 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 allowed only on a general basis (Article 71 of the Labor Code of the Russian Federation).
2. The procedure for passing the probationary period
2.1. On the first day after a new employee starts work, the immediate supervisor:
2.1.1. Conducts an informational conversation about the conditions of professional activity (see Appendix No. 1 to this Regulation).
2.1.2. Introduces the new employee to the job description. The employee certifies by signature that he has read the job description, agrees and is ready to perform the listed functional duties.
2.1.3. Introduces the employee to the Regulations on the division and other local acts regulating the activities of the enterprise.
2.1.4. Appoints a curator - an employee of the unit who has worked in this unit for at least six months.
2.2. Organization of probation.
2.1.1. During the first three days after leaving, the immediate supervisor draws up a work plan for the new employee in accordance with the job description for the probationary period (see Appendix No. 2 to this Regulation). The work plan of a new employee is approved by the head of the department, signed by the employee and agreed with the director. One copy of the plan should be with the employee, one - with the immediate supervisor.
2.1.2. Three days before the end of the probationary period, the immediate supervisor, the curator and the test employee discuss the compliance of the specific results achieved in accordance with the goals set in the work plan for the probationary period.
2.2.3. The head writes an information and analytical note on the results achieved by the employee during the probationary period, gives the conclusion “passed the test” - “did not pass the test” (see Appendix No. 3 to this Regulation), gives the conclusion of the employee’s suitability for work in this position. The conclusion is agreed with the head of the department and the director.
Annex No. 1 to the Regulations on the procedure for passing the probationary period
SCHEME OF INTERVIEW WITH A NEW EMPLOYEE
Deadlines: the first three days after going to work.
The form: interview.
A task: to form during the interview involvement in the company, to connect the individual values of the employee with the goals of the organization, to explain working standards, traditions, norms of communication and interaction between departments.
1. Adaptation to organizational structure companies:
profile of the enterprise;
Company structure;
the procedure for contacting the head;
acquaintance with promising enterprise goals, with the principles of the enterprise;
place of the employee and his role in the enterprise: importance, necessity, expectations.
2. Introduction of the employee to the position:
the status of the vacant position;
mode of operation;
scroll functional duties(acquaintance with the job description);
working conditions at the workplace, the rhythm of work;
sanitary and hygienic standards;
the order of work and the rules of communication with office equipment and telephones;
standards of interaction between departments;
rules of conduct and appearance in the company.
3. Orientation to perspectives:
familiarity with the incentive system adopted at the enterprise;
prospects in this position (material, status, professional).
4. Introduction to the team:
a story about the team and its traditions;
place and role of the department in the company;
basic principles of behavior, team values;
acquaintance with each employee: a story about the activities of each, about successes, achievements, designating the opportunity to learn, ask for help);
method of communication within the team and with other departments;
a story about the units associated with this activity (their role in solving common problems, location, nature of the team, etc.).
Annex No. 2 to the Regulations on the procedure for passing the probationary period
“Agreed” ________________ “I approve” _________________
_____________________________ ______________________________
(position) (position)
"_____" ______________ 200___ "____" ________________ 200__
EMPLOYEE'S WORK PLAN FOR THE PERIOD
PROBATION PERIOD
|
Name of works |
Planned result |
Finishing time |
Evaluation of completed work |
Signature of the responsible person |
|
The employee is familiar with the work plan (a) ____________ __________________________
(signature) (decryption)
Date: "____" __________________ 200 ___
Annex No. 3 to the Regulations on the procedure for passing the probationary period
INFORMATION AND ANALYTICAL NOTE
ABOUT THE RESULTS OF THE PROBATION PERIOD
FULL NAME. ___________________________________________________________________________
Subdivision __________________________________________________________________
Job title ______________________________________________________________________
Start date of the probationary period _______________________________________________
End date of the probationary period ____________________________________________
FULL NAME. curator, position ____________________________________________________________
1. Assessment of the level of functional responsibilities.
|
Criterion |
Set level |
Evaluation of manifestation in activity (points from 2 to 5) |
|
The complexity of the work process |
||
|
The degree of responsibility for decision-making within the framework of functional duties. |
||
|
The degree of independence in the implementation official duties |
||
|
People management |
||
|
Communications |
||
|
Average rating |
2. Evaluation of the quality of the work performed according to the work plan for the period of the probationary period. Number of works performed on:
Excellent (5 points) ______________ Satisfactory (3 points) ________________
Good (4 points) ______________ Unsatisfactory (2 points) ______________
The main trend of the activities performed:
______________________________________________________________________________
Conclusion: ______________________________________________________________________
Conclusion:
Probation passed I failed(strike out unnecessary)
Head of department ________________ ___________________________
(signature) (decryption)
Head of department ________________ ___________________________
(signature) (decryption)
Executive Director ________________ ___________________________
(signature) (decryption)
The passage of the probationary period is stipulated in the employment contract in it by agreement of the parties. The absence of a test clause in the employment contract means that the employee is hired without a test (Article 70 of the Labor Code of the Russian Federation). In the event that an employee is actually allowed to work without drawing up an employment contract (part two of Article 67 of this Code), a probationary condition may be included in the employment contract only if the parties have drawn it up in the form of a separate agreement before starting work.
During the probationary period, the employee is subject to the provisions of labor legislation and other regulatory legal acts containing norms labor law, collective agreement, agreements, local regulations.
A test for employment is not established for:
- persons elected in accordance with the competition for the corresponding position held in accordance with the procedure established by labor law and other normative legal acts containing labor law norms;
- pregnant women and women with children under the age of one and a half years;
- persons under the age of eighteen;
- persons who have received secondary vocational education or higher education according to state-accredited educational programs and for the first time entering work in the received specialty within one year from the date of receipt vocational education appropriate level;
- persons elected to elective office for paid work;
- persons invited to work in the order of transfer from another employer as agreed between employers;
- persons concluding an employment contract for a period of up to two months;
- other persons in cases stipulated by this Code, other federal laws, a collective agreement.
The probation period may not exceed three months, and for heads of organizations and their deputies, chief accountants and their deputies, heads of branches, representative offices or other separate structural divisions of organizations - six months, unless otherwise established by federal law.
When concluding an employment contract for a period of two to six months, the probation may not exceed two weeks. The period of temporary disability of the employee and other periods when he was actually absent from work are not included in the probationary period.
Features of the appointment and passage of the probationary period
A probationary period may be established only by mutual agreement of the parties. Its presence and term must be reflected in the employment contract, as well as in the order for hiring an employee. Accordingly, the employment contract must be concluded before the start of the probationary period. If this fact is not reflected in the employment contract signed with the employee, then he is considered accepted into the organization without a probationary period. And, therefore, it is possible to dismiss him in the future only on general grounds.
The employment contract must clearly state the length of the probationary period. The absence of an appropriate indication deprives the condition of the test of force. In this case, the beginning of the test must coincide with the beginning of the robot. It is not allowed to indicate another period at the choice of the employer. It is also not allowed to extend the test period, which was originally agreed.
The employment contract cannot include the condition of dismissal at the discretion of the employer: this is contrary to the law. It is realistic to terminate the contract only on the basis of the inconsistency of the employee with the position in which he works (paragraph 3 of article 81 of the Labor Code of the Russian Federation). Therefore, in order to dismiss an employee in accordance with this article, you need to collect official feedback on his work, conduct his certification.
The test is set only for hired employees. Transfer to a higher position does not require a probationary period.
The entire probationary period is included in the length of service, giving the right to annual basic paid leave. Therefore, when an employee is dismissed during the probationary period, the employee is paid compensation for unused vacation in proportion to the time worked in the organization.
During the probationary period, the employee is subject to all provisions federal laws, other regulatory legal acts, local acts, as well as collective agreements and contracts, provided that they contain labor law norms, including norms and guarantees regarding the grounds for dismissal at the initiative of the employer. For example, if an employee hired on probation is subject to dismissal due to a reduction in the number or staff of employees with a severance pay and two months' notice, or in connection with disciplinary action dismissal must be made in accordance with the relevant articles of the Labor Code of the Russian Federation.
New worker must be familiar with their tasks and the criteria for summing up the results of the test. The employer can do this by approving the Regulations on the procedure for passing the probationary period. It should include the duration of the term, a description of the direct duties of the employee, as well as the employee's work plan. The new employee must be given a clear idea of what results he or she is expected to achieve and how the final hiring decision will be made. He must be assigned a personal curator (mentor), who can also be indicated in the Regulations.
Sample statement of probationary period for employment
1. General Provisions.
1.1. The purpose of the test when hiring is to check the compliance of the employee with the activity assigned to him directly in the working environment.
1.2. The trial period may not exceed three months.
1.3. The duration of the probationary period is indicated in the order for employment and in the employment contract. The absence of a probation clause in the employment contract with the employee means that the employee was accepted without probation (Article 70 of the Labor Code of the Russian Federation).
1.4. The period of temporary disability and other periods when the employee was absent from work for a good reason (Article 70 of the Labor Code of the Russian Federation) are not counted in the probationary period.
2. The procedure for passing the test.
2.1. When applying for a job, an employee of the personnel department introduces a new employee against receipt with internal regulatory documents.
2.2. Within two days from the date of enrollment of the employee, the personnel department of the Company develops an adaptation program for the employee and, no later than three days after enrollment, acquaints the employee with the program against signature.
2.3. Within a month from the day the employee was hired, the personnel department organizes mandatory primary training for him for a period of not more than 3 days (a course of lectures).
2.4. The immediate supervisor introduces the new employee to the regulation on probationary period and related job description.
2.5. The employee signs the job description: the signature certifies that the employee has read the job description, agrees and is ready to perform the listed functional duties.
2.6. The job description signed by the employee is transferred to the personnel department and filed in a special folder.
2.7. The immediate supervisor appoints a curator (an employee of the unit who has worked at the enterprise for at least 1 year), who introduces the new employee to corporate standards.
2.8. The immediate supervisor, together with the newly hired employee (within the first week after enrollment), draw up a work plan for the duration of the test; the plan includes the name of the work, the deadline for their implementation and the specific result that the employee must achieve.
2.9. The work plan of a newly hired employee is approved by the head, agreed upon by the head of the personnel service and signed by the employee, after which it is transferred to the personnel department.
2.10. Two weeks before the end of the probationary period, the manager and the employee discuss the compliance of the set goals (work plan) with the specific results achieved.
2.11. The immediate supervisor writes an analytical note on the results achieved by the employee during the test period, and gives a conclusion “passed the test” or “failed the test”.
2.12. The conclusion on the completion of the probationary period and recommendations are submitted to the head of the personnel department no later than a week before the end of the employee's probation.
3. The result of passing the test.
3.1. If the result of the test is unsatisfactory, the employee is dismissed with pay for the time actually worked and with the wording “as if he did not pass the test” (Article 71 of the Labor Code of the Russian Federation).
3.2. If during the probation period the employee comes to the conclusion that the job offered to him is not suitable for him, then he has the right to terminate the employment contract at his own request, notifying the employer in writing three days in advance (Article 71 of the Labor Code of the Russian Federation).
3.3. If the probation period has expired, and the employee continues to work, he is considered to have passed the probation. Subsequent termination of the employment contract is allowed only on a general basis (Article 71 of the Labor Code of the Russian Federation).
Agreed:
Head of department _____________________________________________ Full name
"____" _______________200__
Information on the execution of the document is presented on the basis of the legislation and regulations of the Russian Federation in force in 2017
Before gaining trust, the employee is subjected to a certain probationary period. A sample provision can be downloaded for free on this page.
A new specialist in the workplace is always a test for the employee himself and for the employer. Before gaining the trust of management, an employee is subject to a certain procedure for passing a probationary period in force on this enterprise. In each company, the procedures for passing the probationary period are individual and are determined by written regulations. First-time job applicants should be familiar with this document. The free sample provided on this page will show you how the discussed document should look like. To download it, click on the direct link in the appropriate place.
When hiring, both parties take risks. The risk of the employer lies in the behavior of the specialist after signing the employment contract. The worker, on the other hand, gains experience, gradually learning all the subtleties of the order and the unique features of specialization. The provision on the passage of the probationary period is to a greater extent an imperative paper, dictating certain procedures and rules of conduct for those who get settled in the institution. It is very difficult to change the conditions of the probationary period developed by the organization. New employees have to accept or reject them.
Mandatory clauses of the provisions on the procedure for passing the probationary period
:- Approval of the authorities, signature and seal of the organization;
- The name of the provision with a brief description;
- General provisions, reminiscent of the procedure for passing the test;
- Results that allow drawing conclusions about further cooperation or dismissal;
- At the end, it is permissible to put a mark on familiarization with the procedure. The signature is put by the arranging employee;
- The personnel department is the last to apply the visa
