Trial period of 3 months according to the labor code. What is the probationary period for?

Probationary period (IP) - a test of the professional skills and discipline of the employee. During this period, the employer will be able to assess the work capacity of the employee, his relationship in the team and other qualities. The employee, in turn, will be able to draw his own conclusions - whether the working conditions are suitable for him, whether he will cope with his duties, etc.

Test period according to the Labor Code of the Russian Federation

In standard form employment contract there is no clause about the test period, however labor law does not prohibit the employer from making it. This paragraph should indicate that the employee is assigned a test of a certain duration upon hiring. You can download a sample employment contract for admission for a trial period.

An IP clause must also be included in the admission order. His sample is invited to view.

The probation period, in accordance with Article 70 of the Labor Code of Russia, is included in the employment contract only with the consent of both parties. This condition cannot be established by order of the employer. Also, the condition on IP cannot be included in the local acts of the organization, which the employee gets acquainted with after enrolling in the state.

Important! If the applicant does not agree to pass the probation period, and the employer insists on this, refusing to hire without the employee complying with this condition, the first has the right to go to court to resolve the situation.

It is prohibited by the labor code to introduce an IP clause after the conclusion of the contract, even with the agreement of both parties, so most organizations try to immediately stipulate this condition with the job seeker when hiring.

IP does not release the employer from all obligations to the employee, as if the employment were on a permanent basis.

When not to install IS?

Certain persons, in accordance with Article 70 of the Labor Code of the Russian Federation, are preferential to IP, i.e., when hiring, a verification period cannot be assigned to them. So, IP is not installed in the following cases:

• a person under the age of 18 is employed;
• the applicant is a woman in the position or mother of a child under 1.5 years old;
• a person gets a job for the first time immediately after graduation (within a year after graduation from secondary or higher educational institution);
• if the employee is accepted on the basis of a competition;
• if the employee is invited by transfer.

Based on the list, it is important to note that IP can only be established for new employees, that is, for employees of an enterprise who are assigned a transfer or promotion, IP cannot be established.

IP duration

The minimum period of probation is not established in the Labor Code. The employer independently decides for how long to assign IP for the applicant. However maximum term passing the test is clearly spelled out in the labor code - no more than three months.

The term of IP is allowed longer, but not more than six months, if the company hires a person for the position:

• leader;
• chief accountant;
• their deputies.

When a civil servant is hired, the maximum probationary period may be 12 months.

It should be noted that the actual absence from the workplace is not included in the test period, and in this case it is no exception. That is, if in fact the employer could not assess professional qualities applicant, he has the right to extend the verification period for the period during which the applicant was absent.

If during the IS the employee is transferred to another position, the verification period is considered to be over.

Reducing the verification period is not considered an infringement of the employee's labor rights and is at the discretion of the employer.

Probationary period and work experience

After signing an employment agreement with a probationary clause, the employer must issue an employment order in accordance with the T-1 form. Its form can be downloaded.

Further, the documents are sent to the personnel department to establish a personal file of the employee and make the appropriate one. The latter does not indicate the test period, only the date of enrollment in the state and the position of the employee. Accordingly, IP is included in the length of service.

IP under a fixed-term employment contract

Fixed-term employment contract - hiring an employee for a short period, for example, to perform seasonal work or for the period of absence of the main employee (for example, if he went on maternity leave).

If an employee is hired for less than 2 months, IP is not assigned, because this will be a violation of his labor rights. The appointment of such a term is possible in the following cases:

• if the employee is hired for a short period (from 2 to 6 months), however, the IP cannot last longer than 14 days;
• if the fixed-term contract is drawn up for a longer period. The probation period for an employee is extended at the discretion of the employer.

A sample fixed-term employment contract with a trial period can be downloaded.

It's important to know! feature fixed-term contract is the inability of the employee. An exception is the occurrence of serious health problems, the assignment of disability.

What is the probation period for an employee?

From the first day of work, one of the specialists of the organization is assigned to the employee to whom the IP is assigned, who will:

• conduct testing;
• be responsible for the quality of the test;
• give marks for the work done.

The employee must take into account that the quality of the trial period can play both in his favor and against!

At the end of the verification period, the employer may create a commission to evaluate the results obtained, as a result of which a decision is made - or to continue cooperation on an ongoing basis.

Dismissing an employee during the probationary period

In the event that the employer is not satisfied new employee, adopted on the terms of IP, and a decision was made to dismiss him, the employee must be notified of this at least three working days in advance, and it is better to do this in writing, for example, according to the following model:

In addition, this notice must be accompanied by a document showing the reason for dismissal. Without a substantiated certificate of the employee's non-compliance with the requirements of the employer, the first has the right to go to court for violation of labor rights in accordance with the Labor Code of the Russian Federation. In this situation, oral explanations of the employer in court about the reasons for the dismissal of the employee will not be enough.

Therefore, any violation, including unsatisfactory quality of work or violation of official discipline, must be documented.

Reasons for dismissal at IS may be:

• memos of the manager about the low working capacity of the employee;
• explanatory employee regarding violations of labor standards;
• an order to prosecute for breach of discipline.

Important! The employee must confirm familiarization with the document drawn up with a signature.

How to quit during IS?

If during the IS the employee finds out that this position, working conditions or other factors do not meet his requirements, he has the right to apply for resignation. His sample is presented.

You can quit your job at IP in a more simplified form by notifying management of your resignation in just 3 days. it minimum term, which is necessary for the employer to find a new employee. This is an advantage of employment with an IP condition, because when concluding a contract on an ongoing basis, you will have to warn of dismissal at least 2 weeks in advance. In all other respects, an employee on IP has the same rights and obligations as other employees.

If the employer agrees to dismiss the employee earlier, you can quit without a three-day working off. On the same day, after the signing of the urgent leave agreement by both parties, an order must be prepared for the dismissal of the employee on own will. In this case, you can not go to work from the next day.

Within 10 working days after signing the dismissal order, the employer must issue to the resigned employee:

• work book;
• salary for the period worked;
• (in the presence of);
• (if available in collective agreement or local act).

Video consultation

Lawyer non-profit organization CSTP Ksenia Mikhailichenko will tell you everything about probationary period in the video from the series “Video ABC of Labor Rights”:

In conclusion, it is worth adding that the terms of IP, its duration and other details can always be negotiated with the employer and come to a general agreement. If, after the expiration of the established verification period, the employee has not received any notifications from the manager, this means that the probationary period has expired and the employee remains in his position.

The probationary period is a kind of strength test when applying for a job. The probationary period for employment is necessary to assess the conformity of the professional qualities and skills of the employee to the position held. For the employer, this is a good opportunity to check in practice: is the employee as good as he declared himself in the resume and showed at the interview?

Many job seekers consider probation prerequisite. Moreover, very often they fall for the tricks of unscrupulous bosses who, taking advantage of the legal ignorance of workers, violate their rights and illegally dismiss them.

What does an employee need to know to avoid such problems? How to protect yourself and defend your legal rights? How to prove that you were unreasonably fired? After reading this article, you will receive answers to all your questions and will feel confident when applying for a new job.

Employers will find useful information on how to properly draw up a contract and how to avoid litigation with dismissed employees.

Probationary period according to the Labor Code of the Russian Federation

According to the Labor Code of the Russian Federation, a probationary period is established only upon initial employment. Transfer to another position, promotion, transfer to another unit - such a period is not implied (the exception is civil servants).

Contrary to popular belief, a probationary period when applying for a job is not a prerequisite for employment. This test is established solely by a documented agreement of the parties, indicating a specific period. Conclusion a separate agreement however, it is not necessary, because the probationary period clause is included in contract of employment. If the condition is included only in the order, but is not contained in the contract, the employee is considered accepted without a probationary period (Article 70 of the Labor Code of the Russian Federation).

In the application for employment, the future employee does not have to indicate this period.

Important: the employer does not have the right to “lower the bar” of wages for the duration of the probationary period and deprive him of the required benefits: the right to sick leave, payment for overtime, etc.

• Minors under the age of 18;
• Pregnant and having children under the age of 1.5 years, women;
• Young professionals who have graduated from universities and other educational institutions and are getting a job for the first time;
• Employees who have taken a position based on the results of the competition;
• etc.

It happens that the employer makes mistakes, which, despite their seeming insignificance, can turn into litigation with the employee.

First mistake

For example, a new employee is allowed to work, and paperwork is postponed until later. In this case, the employee is considered to be employed without a probationary period, and in the event of dismissal, he can prove his rights in court and be reinstated with compensation from the employer. Evidence in favor of the employee (Article 71 of the Labor Code of the Russian Federation) will be time sheets, the date the pass was issued, the testimony of colleagues, and so on. A test note can be added to the contract later only if the parties have drawn up a separate agreement before starting work.

Second mistake

The employer often forgets to familiarize the employee under the signature before starting work with the main documents related to the employee's activities:

• With job description.
• With documented rules of intra-organizational behavior.
• Specialized acts of the organization and safety regulations.

And finally, the main mistake of some employers is the misconception that the probationary period is a “loophole” for the unpunished dismissal of an employee who does not like it. If a person who has not passed the test declares to the court, in the absence of strong documented evidence from the employer, the organization will be obliged to reinstate the dismissed person in his position, paying him significant material compensation.

Therefore, in order to insure yourself against knowingly losing litigation with employees, it is necessary to draw up a work plan for the entire period of the test for each accepted employee. This document should include a list of tasks for, term and quality requirements for their implementation, as well as columns for comments. Approved by the head of the organization, the plan is provided for review and signature by the employee. This document, subject to its correct execution, will be indisputable evidence of unsatisfactory passing of the test.

It is useful for probationary workers to know that a record of dismissal due to a probationary period not completed in work book can make it harder to find a job. Therefore, one should take seriously and responsibly the given tasks and assignments.

At the end of the probation, the employee either leaves or stays with the organization on a permanent basis. It is considered successfully passed if the test period has expired, but the employee continues to work.

Written notice to an employee of successful completion of the test by the employer is acceptable, but not required.

Maximum probationary period according to the Labor Code of the Russian Federation

The legislation does not provide for a lower limit on the duration of the probationary period, but strictly limits its upper limits. According to Art. 71, the probation for employment cannot exceed 3 months, for leadership positions- 6 months, for civil servants - one year. The probationary period for a fixed-term employment contract with the employer, its maximum duration depends on the term of the contract and the nature of the work:

• when concluding an employment contract for the duration of the performance seasonal work it cannot exceed 2 weeks
• when performing temporary work (up to 2 months) - not provided;
• when concluding a contract for a period of 2 to 6 months - the maximum period is 2 weeks.

In other cases, the maximum trial period for a fixed-term contract cannot exceed 3 months.

Important: it happens that the employer offers to conclude a fixed-term employment contract for the duration of the probationary period. Often, at the same time, the employee is paid at a reduced rate, social benefits are not provided. guarantees. Such a substitution of a fixed-term contract is a gross violation of the law and outright discrimination. The employee has the right to go to court: the contract will be recognized as open-ended, and the probationary period will be canceled.

Employment contract with trial period

A probationary period clause in an employment contract might look like this:

"one. Subject of the contract.

1.1. The employee is hired as an editor for an indefinite period.

1.3. This agreement establishes a trial period of 3 (three) months.

Is it possible to extend the trial period?

If the employer cannot decide whether or not to leave the employee at the workplace, can the probationary period be extended in this case?

There is no concept of “extension of the probationary period” in the legislation, it is not extended and is not re-established.

Only if the duration of the test specified in the employment contract is less than the maximum allowed by law, with the consent of the employee, drawn up in the form of a written additional agreement, it can be extended.

The probationary period does not include days when the employee was absent from work for good reasons. Accordingly, the test period can be extended by the number of these days.

The law allows to reduce the period if the management has made an early decision to enroll the employee in the state.

Dismissal on probation

Early dismissal under the Labor Code of the Russian Federation before the end of the probationary period can be initiated both by an employee dissatisfied with the professional qualities, by the employer, and by the employee himself.

An employee cannot be dismissed during periods of disability and vacation by the employer. In all other cases, the employer has the right to terminate the contract unilaterally, without taking into account the opinion of the trade union and the payment of severance pay. But for the dismissal of an employee, you must have documentary evidence:

• reports and official notes, notes of the head;
• employee reports on the performance of work for the reporting period;
• levy orders;
• complaints from colleagues and clients;
• acts;
• other evidence.

The employer is obliged to notify the employee of the dismissal as not having passed the probationary period writing, no later than 3 days before the date of dismissal, by sending a notice indicating the reasons and links to supporting documents. The employee must read the notice and sign the copy of the employer. Next is the order.

On the day of dismissal, the employee receives a calculation and a work book with an entry made in it: “Dismissed as not having passed the test, part 1 of article 71 of the Labor Code Russian Federation". A dismissed employee has the right to appeal the decision of the employer in court.

The employee himself can also terminate the contract, also notifying the employer in writing about it 3 days in advance. The procedure for dismissal is similar to the procedure for dismissal of one's own free will. An appropriate entry is made in the work book, without indicating the fact that the probationary period has passed.

The parties may terminate labor relations dismissal by agreement of the parties, agreeing on the conditions.

Material prepared to order law firm"Dominium"

The Labor Code indicates that the employer has the right to assign a test to the applicant when applying for a job. This is necessary to check the professional qualities of the future employee. This does not mean that the employer is required to establish a probationary period.
indicate that a probationary period can be established for an employee only by agreement of the parties. However, in practice this is not the case. The employer confronts the job seeker with the fact that there is a probationary period, and wage at this time is set slightly lower than after it.

When hiring, even if there is a probationary period, the employer concludes an employment contract with the employee. The contract must indicate that the employee is accepted "with a probationary period lasting ....". The salary that the employer is going to pay to the employee on probation must also be stipulated in the contract. If the employment contract does not contain a condition about assigning a test to the applicant when hiring, this means that the employee has been hired. vacant position without probation.

Article 70 of the Labor Code of the Russian Federation states that the duration of the probationary period cannot exceed 3 months. If the head of the organization, his deputy, Chief Accountant or his deputy, then the probation period is extended to 6 months. If a fixed-term employment contract is concluded with an applicant for a vacant position for a period of 2 to 6 months, then the trial period cannot exceed 2 weeks. If the employee was sick or was actually absent from the workplace for other reasons, these periods are deducted from the probationary period.

• persons who occupy a vacant position as a result of a competition;
• pregnant women;
• women who have a child under the age of 3;
• underage workers;
• persons holding elective office;
• persons occupying a vacant position as a result of a transfer from another employer;
• applicants who conclude an employment contract for a period of less than 2 months;
• to other persons, if it is provided for by a local regulatory act or a collective agreement.

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

If the employee has passed the test, then it is not necessary to conclude a new employment contract with him. He continues to work on the conditions specified in the employment contract concluded upon admission. If the results of the test, according to the employer, are negative, then he can terminate the employment contract with the employee even before the end of the probationary period.
To do this, he must notify the employee in writing of the impending dismissal 3 days in advance. The notice of dismissal must also detail the reasons. The employer must justify his decision about the negative results of passing the test.
If the employee does not agree with the results of the test, then he must also notify the employer. If he considers his dismissal illegal, he has the right to apply to labor inspection or to court. The opinion of the trade union in this case is not taken into account. The employee also has the right to terminate the employment contract with the employer if, during the test, he decides that this work doesn't work for him for a number of reasons. To do this, he must notify the employer in writing 3 days in advance.

Probationary period under the labor code

According to established practice, a probationary period is a certain period of time during which the employer checks the compliance of the employee being hired with the position for which he is registered.
Establishing the period necessary for testing is the right of the employer, but not his obligation. Therefore, if he thinks this applicant suitable for a vacant position, he can hire him without passing the test.

The employer has the right to apply a trial period to a particular applicant for a vacant position, regardless of the organizational and legal form of the enterprise and the goals of economic activity.

The appointment of a probationary period is regulated by Art. 70 of the Labor Code of the Russian Federation and art. 71 of the Labor Code of the Russian Federation. But that doesn't mean he's working on subsidized or special conditions. Absolutely all the norms of the current labor legislation, as well as other regulations containing the norms, apply to it. labor law. That is, he has all labor rights and must fulfill all labor obligations, and may also be held liable for violation of the norms of the Labor Code of the Russian Federation.
A probationary period may be established only by agreement of the parties. That is, if one party (as a rule, this is a future employee) did not know about the establishment of the test or was not properly notified, this is considered a gross violation of the norms of the Labor Code of the Russian Federation.
Therefore, the employer must notify his future employee that he intends to set a certain period for checking his professional suitability. The duration of the term must be announced. The applicant is not required to agree! But he can offer the future employer another term. When the parties come to a mutual agreement, they sign an employment contract, which indicates the duration of the test for a particular applicant.

The length of the trial period is not essential condition employment contract, that is, without this clause, the contract will be valid. In addition, if during the course of the employment relationship the parties came to an agreement that the test period should be changed, then they can sign an additional agreement and write down this provision in it.
On the basis of a signed employment contract or an additional agreement, an order is issued, which also reflects the duration of the probationary period. If there are no such conditions, then the employee is considered accepted without a probationary period.

Working conditions during the probationary period should not be worse than after its completion. This right to the employee is guaranteed by Art. 70 of the Labor Code of the Russian Federation. In addition, a real employment contract is immediately concluded with the employee, and not for the duration of the test. The employer cannot conclude a fixed-term contract on such a basis as during the probationary period, since this is not a basis for concluding a fixed-term contract. This is a violation of the current legislation.

The same situation applies to wages. It should not be less than that received by other employees in a similar position and with the same work experience as new employee. That is, the employer does not have the right to prescribe in the employment contract one amount of remuneration for the duration of the test, and after - a different amount.

But employers have found a way out of this situation without violating the norms of the Labor Code of the Russian Federation. They set low salaries for all employees, regardless of position, qualifications and work experience. And then monthly bonuses are paid to their employees, taking into account these facts. Therefore, an employee on probation, as a rule, receives less than other employees.
It is possible to carry out a dismissal during a trial period according to a simplified scheme, regardless of who initiates it - the employee or the employer. If one of the parties came to the conclusion that these labor relations are impossible, then the employment contract is terminated without the participation of the trade union organization and the payment of severance pay.

Who is not on probation?

The law establishes a certain circle of persons to whom a probationary period cannot be applied as a measure of testing professionalism. The circle of such employees is defined in Art. 70 of the Labor Code of the Russian Federation. These include:

• applicants who are accepted for a vacant position based on the results of the competition;
• pregnant women, with a relevant certificate, and persons who have a child under the age of 1.5 years;
• underage applicants;
• applicants who are university graduates and who get a job for the first time within 1 year after graduation;
• applicants who are deliberately selected for this position;
• employees with whom an employment contract is concluded due to a transfer from another employer, if there is an appropriate agreement between these employers;
• applicants who conclude an employment contract for a period not exceeding 2 months;
• applicants of other categories, which are prescribed in other, more “narrow” regulations.

In relation to these employees, the employer does not have the right to apply tests when applying for a job.

Exceeding the probation period

The maximum length of the probationary period, according to current legislation, is 3 months. That is, the employer does not have the right to check the professionalism of his employee for more than this period.
But there are several categories of workers for whom the probationary period should not exceed the time limit strictly established by law. Therefore, the employer must first determine whether his new employee belongs to this category or not, and only then establish tests for him for a certain period.

A probationary period of not more than 6 months is established for:

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

The trial period cannot exceed more than 2 weeks for applicants:

• concluding an employment contract for a period of 2 months to six months;
• working in seasonal jobs.

Tests for a period of 3 to 6 months are established:

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

In more "narrow" regulations governing the activities of various categories of workers, other terms for the test may be established. Therefore, if the employer, in order to conduct his activities, is guided by such regulations, then he must take this into account when hiring new employees.

If the trial period is prescribed in the employment contract and does not exceed the duration established by law, then it can be changed. The manager has the right to shorten the probationary period for his employee without good reason, and he has no right to increase it.
However, there are such periods in work that are not included in the period for the employee to pass the test, that is, they actually increase the probationary period for a particular employee. These are periods of time such as:

• the period of illness, that is, the employee can justify his absence with a certificate of incapacity for work;
• administrative leave, that is, leave when the employee does not retain his salary;
• study leave, i.e. absence from the workplace due to training;
• finding an employee public works or the performance of public duties;
• the absence of an employee at his workplace for other valid reasons.

In fact, these periods extend the probationary period of a particular employee, although there are no changes in the employment contract.

The probationary period applies to a fixed-term employment contract.

It is possible to conclude with an employee both a fixed-term employment contract and a contract fixed term actions. Such a moment is reached by agreement of the parties. The duration of the employment relationship must be specified in the employment contract. A probationary period can also be applied to such an employee, but with some nuances.

A fixed-term employment contract can only be drawn up in certain cases. These are cases like:

• for a period not exceeding 5 years;
• an employee is hired to perform a certain amount of work, when the exact date of completion of such work cannot be determined. It should be stated in the employment contract;
• temporary absence of another employee. A common case is an employee's decree;
• performance of seasonal work. For example, harvesting or sowing.

In other cases, the employment contract is concluded for an indefinite period.

With a fixed-term employment contract, the duration of the test is also established by agreement of the parties, as with an open-ended contract. Apply general terms and Conditions test destination. The period for checking a new employee cannot also exceed 3 months. But if a new employee is registered for a period of 2 months to six months, then the employer cannot set a verification period of more than 2 weeks. This situation occurs when an employee, for example, is hired to perform seasonal work.
If the employee is hired for a period that does not exceed 2 months, then the employer does not have the right to set a period for the test. If the employer insists on this, then he violates the basic labor rights of this employee.

When a person applies for a job, they are invited to be interviewed. This is in case he has never worked in this company. If a potential employee successfully passes the interview, skills and experience correspond to the vacancy, he is hired. However, this is not yet the final success.

Probation period - what is it?

The probationary period for employment is the period when a new employee takes up duties in the company for the first time, and his work is evaluated by a potential permanent employer. The trial period is a chance for both parties to understand:

1. Employer - whether the employee is suitable for the position.
2. For the employee - whether the team, duties and working conditions are satisfied.

Trial period - pros and cons

Working with a trial period has its advantages and disadvantages. Hiring and retaining valuable employees is the biggest challenge for HR professionals. The introduction of a probationary period is a kind of guarantee of hiring a suitable employee. Benefits for the employer:

1. The ability to evaluate the effectiveness of an employee without significant risks.
2. The right to terminate the probationary period without any consequences.
3. No significant financial investment (such as benefits) before the end of the "examination" period.

There are also significant disadvantages:

1. An employee may leave before the expiration of the probationary period, leaving with a “new” vacancy.
2. The risk of wasted finances if:

• the employee decided to leave;
• the candidate did not qualify.

For the applicant, the probationary period is also replete with pluses and minuses. Undoubted advantages:

• a chance to "try on" the position;
• the opportunity to see the company from the inside;
• lack of serious obligations when leaving.

Not so pleasant aspects:

• reduced wage rate;
• the risk of "flying out" and being left without a job;
• lack of a full package of benefits.

To avoid negative aspects when applying for a job with a probationary period, you need to get answers from the employer to the following questions:

1. How long will the trial period last?
2. Who will evaluate and when?
3. If a reduced salary is offered during the trial period, when will it increase?
4. How many people were taken for testing for this position, how many flew out?
5. What are the specific responsibilities to be performed?

Before agreeing to a trial period, it is important:

1. Understand all terms and conditions.
2. Be willing to do more to impress.

The usual thing is that employers expect more from newcomers - doing work that is not directly related to the job description. For example, after hours or little things like "running for coffee" and "change the cartridge in the printer." It's okay if it's in moderation. In such situations, the ability is tested for:

• to be active;
• work in a team;
• meet face to face with .

Probation period

The probationary period must be specified in the employment contract. According to the Labor Code of the Russian Federation, it can last up to 3 months, no more. During this period, the employee has all rights in accordance with labor law. A trial period of 6-12 months can be assigned to senior positions (director, branch manager) and their deputies, as well as to:

• chief accountant;
• police officer;
• civil servant;
• law enforcement officer.

It is not allowed to extend the probation. If the trial period expires and the employee continues to work, it is considered that he passed it successfully. Some categories of applicants are not subject to a probationary period:

• pregnant women;
• mothers with children under 1.5 years old;
• employees under the age of 18;
• employees with an employment contract of less than 2 months.

Didn't pass the probationary period - what to do?

Not passing the probationary period is not the end of the world. In the event that all issues were discussed before it began, and the “failure” is honest on the part of the employer, it is worth moving on:

• calm down first;
• then rest;
• update resume;
• start searching - the dream job is yet to come!

How to quit on probation?

Getting fired during probation works both ways. The law states that the employee has the right to terminate the employment contract during the trial period on his own initiative:

1. 3 days in advance of your decision.
2. Writing a letter of resignation.

It is not necessary to tell the employer about the reasons for leaving - a simple written notification will suffice. However, there are some points:

1. Working off. In the case of permanent work, it lasts two weeks. If you leave of your own accord during the test, it is reduced to three days.
2. When dismissed during a probationary period, a financially responsible person must transfer all cases to the receiver.

Can they be fired on probation?

Dismissal on probation at the initiative of the employer and in connection with an unsuccessful result is possible. But must be respected certain rules the employer must:

1. Establish clear criteria for evaluating an employee for a probationary period.
2. Submit work assignments in writing.
3. Notify at least 3 days before the date of dismissal.
4. Provide a reasonable explanation of why.

According to labor legislation (Labor Code of the Russian Federation), the employer can establish a certain probationary period for a new employee.

At the same time, its duration and procedure for registration are strictly regulated by the provisions of the Labor Code of the Russian Federation.

Also, the articles of the law indicate the rights of the tested employee and the procedure for dismissal during this period.

Knowledge of all legal aspects this issue can be avoided. conflict situations or even litigation between management and a new employee.

Let us consider in more detail all the requirements of the law that relate to the trial period.

If the management of the enterprise needs time to make sure that a new employee is suitable for the corresponding position, then it is necessary to follow the statutory hiring procedure, the probationary period shall not exceed the time limits specified by law..

According to the Labor Code of the Russian Federation, this period can be appointed only with the consent of both parties.

The agreement must necessarily be fixed in the employment contract or additional agreement which is attached to it. Also, this moment must be indicated in the order for registration.

If the employee has begun to perform his duties, and the agreement on the probationary period is not reflected in the employment contract or additional. agreement, it is considered that no time limit has been set.

It is worth noting that the mention of such a period only in the order for the admission of a new employee to the state has no legal force.

It is also illegal to include this item in the main or additional. agreement after the employee has already begun to perform his duties.

Probationary period is not indicated in the work book.

Trial period

The law does not provide for minimum values ​​​​of the special period, but the maximum probationary period for employment is strictly defined.

Depending on the terms of the employment agreement and the professional category of the employee, it may have a different duration:

• in standard cases, when an open-ended contract is concluded - no more than 3 months;
• for senior managers, their deputies, ch. accountant allowable duration increased to 6 months;
• for a duration of less than 60 days, the test is not provided;
• for urgent agreements from 2 to 6 months no more than 14 days;
• for contracts drawn up for a period of more than 6 months, standard conditions apply, which are indicated in the first paragraph of the list.

Thus, labor law clearly defines what probationary period for employment should be established.

The period does not include the time when the employee did not perform his duties (sick leave, vacation).

In other cases, the employer cannot independently extend the probation period.

When the administration is completely satisfied with the employee hired, the test time can be reduced at the initiative of the employer.

Mandatory notification of a new worker about the successful completion of the test is not provided by law.

After this period, if the new employee continues to work, he is considered to have successfully passed the vocational test.

Employment verification period

In some cases, the law prohibits the establishment of a verification period work for new employees.

An employment contract with a probationary period cannot be concluded with the following categories of applicants:

• with pregnant women;
• with persons who previously worked at the enterprise and transferred to a new position;
• with minors;
• with women who have children under one and a half years old;
• with specialists who came to work within the first year after graduation;
• with employees who, by agreement with management, transferred from other organizations.

Salary during probationary period

During the entire time when a new employee is being tested, he has the same rights and obligations as other employees of the enterprise.

That is, he must comply with the internal regulations and adhere to the rules labor discipline. See more about species disciplinary action.

It is also subject to labor law, local acts,.

That is, in relation to such an employee, all guarantees must be observed, including social. package. Therefore, the employer is obliged to pay the sick leave in full.

Passing the test at the beginning labor activity at the enterprise cannot serve as a basis for establishing a lower wage.

In case of violation of this norm and in the event of a conflict, the employee can claim the amount of underpayment through the court. See more details on how to file a lawsuit.

During the test, the employment contract may be terminated at the initiative of the employer or employee.

In this case, both one and the other party must notify 3 days before.

In the application for termination of the contract of his own free will, the employee is not required to indicate the exact reasons for his decision. Also there is no need for a preliminary two-week development.

In this case, it is 3 days. In all other respects, the execution of the application is the same as for permanent employees of the enterprise. Within three days from the date of notification, the enterprise must pay the resigning money earned and compensation for unused vacation.

In cases where the termination of the agreement occurs at the initiative of the management, the employer must have evidence on the basis of which such a decision was made.

That is the notice must clearly state the reasons for the conclusions about the non-compliance of the employee enterprise requirements.

The signed document is given to the employee. If necessary, it includes applications that justify such a decision.

These may be copies of reports, acts, orders, explanatory notes, protocols of test results or exams. Read more about the types of disciplinary action.

In case of refusal to receive notification, an act is drawn up in the presence of witnesses. If the employee does not agree with the announced results, he can petition the court or the labor inspectorate.

In general, the labor code quite accurately regulates all aspects related to documentation and passing the probationary period. And in order to avoid conflict situations, the employer and employee only need to know the relevant regulations.

Frequently asked questions about the probationary period when applying for a job

Can an employee's probationary period be extended?

On practice there is indeed a legal possibility to extend the probation period worker. Days when an employee did not fulfill his job responsibilities for any reason (illness, time off, etc.) are not included in the period constituting the probationary period.

In the event of such a situation, it is imperative to document the extension of the probationary period in documentary form, since the dates indicated in the order and in the employment contract will not coincide with the actual end date of the probationary period.

To do this, an order is issued to extend the probationary period, in which they refer to a document that confirms the absence of the employee at his workplace during the probationary period.

Is the probationary period considered completed if the employee is transferred to the probationary period?

According to Art. 70 of the Labor Code of the Russian Federation when concluding an employment contract, by agreement of the parties, it may contain a condition is provided for testing an employee in order to verify compliance with the assigned work.

It should be noted that labor legislation does not provide grounds for recognizing an employee as having passed the test ahead of schedule, and the only basis for recognizing an employee as having passed the test is the expiration of the test period.

If the trial period has expired, and the employee continues to work, then he is considered to have passed the test (part three of article 71 of the Labor Code of the Russian Federation).

Article 72.1 of the Labor Code of the Russian Federation, which establishes the rules for transferring to another job, does not talk about changing any other terms of the employment contract, except for the terms of the place of work or the terms of the labor function.

In this way, after transfer to another job, the probation condition continues to be valid until the expiration of the probationary period.