How many months is the probationary period according to the law? Probation period according to the labor code. Probation period under the labor code - concept

The employer has the right, with the consent of the applicant, to establish a probationary period for the latter when hiring him. How long does the probationary period last? labor code? Employers definitely need to know this so as not to violate the labor rights of their employees.
The maximum probationary period cannot exceed three months. However, there are categories of workers who, in accordance with the provisions of Art. 70 of the Labor Code of the Russian Federation, the maximum probationary period can be set within six months. These include:

• supervisor;
• deputy head;
• chief accountant;
• deputy chief accountant

The increase in the probationary period for this category of workers is due to the fact that the specifics of their work do not allow them to be tested professional qualities in a shorter period of time.

• applicants who are getting a job for the first time after graduating from a university or college (technical school);
• applicants aged 14 to 18 years;
• pregnant women and women with a child (children) under 3 years of age;
• applicants who were selected for a position or who took it through a competition;
• employees who transferred to vacant position from another employer written agreement between employers;
• applicants with whom the employer enters into a fixed-term contract for a period of up to 2 months.

When concluding a fixed-term contract for a period of 2 months to six months, the maximum probationary period according to the labor code cannot exceed two weeks.
The established limits on the duration of the probationary period when hiring do not mean that the employer cannot reduce its duration. However, set a period longer than specified in Art. 70 of the Labor Code of the Russian Federation, he has no right. Less - maybe, more - no.

During the probationary period, the employee is subject to all internal regulations of the enterprise; he must observe labor discipline, and the employer, in turn, must comply with all guarantees for the employee.
This also applies to sick leave. The employer must pay the employee sick leave in full compliance with current labor legislation, even if such an employee is on a probationary period.
However, the time while the employee is on sick leave or absent from the workplace for another valid reason is deducted from the probationary period.

Both parties can terminate the employment contract at any time during the test. The party who intends to terminate the employment contract upon completion of the test must notify the other party 3 calendar days in advance.
If the contract is terminated by the employer, then in the notice that he sends to the employee, he must indicate in detail the reasons for the employee’s failure to complete the probationary period. In addition, he is required to provide documentary evidence of each reason.
If, during the probationary period, the employee decided that this work he is not satisfied, he can also resign due to at will. He must also notify the employer, but he may not indicate the reason for dismissal.
The employer may terminate the test ahead of schedule if he is confident in the professional qualities of the employee. In this case, there is no need to conclude a new employment contract; the old one continues to be valid.

How long does the probationary period last? Surely every first manager and every second employee has faced this question at least once. Meanwhile, the Labor Code contains the answer to this and many other questions related to the nuances of the probationary period.

Labor legislation

The probation period is discussed in Article 70 of the Labor Code. Russian Federation"Employment Test." Article 71 “Result of the test for employment” stipulates not only the result of the test, but also some of the nuances of passing it

How long can the probationary period last?

One of the most important questions related to employee testing is how long the probationary period has the employer's right to set. After all, violation of an employee’s rights regarding the probationary period threatens the employer with the same fines and administrative liability as any other violation of labor legislation.

Minimum probationary period

The shortest duration of the probationary period is two weeks. This number of days is established for those employees with whom a fixed-term employment contract has been signed for two months or less.

In other cases, the minimum probationary period may last a month or two.

For civil servants and heads of organizations, chief accountants and their deputies, the minimum duration of the probationary period may be three months.

Maximum probationary period

In general cases, the maximum probationary period should be three months.

For those employees with whom a fixed-term employment contract is concluded for two months or less, of course, the probationary period cannot be so long. For them, the maximum test duration is two weeks.

Maximum length of probationary period for state civil servants and managers different levels may last twelve months in some cases maximum term testing for this category of workers – six months.

Is it possible to shorten the probationary period?

Since the probationary period is intended for the employer to make sure that the employee meets all the requirements placed on him, it may well happen that conclusions about the employee’s professional suitability can be made even before the end of the tests.

If an employee fails to cope with his duties, he may not wait for the maximum duration of the probationary period, but rather be warned three days before the proposed dismissal and dismissed as having failed the test.

If, based on the results of the test, the employee coped with his duties well, his transfer from the probationary period is not documented in any way - he simply continues to work. If, by the way, the employee did not cope with the probationary period, but at the end of the test he was for some reason forgotten or did not have time to fire him, it is considered that he coped with the test.

It should also be remembered that the probationary period cannot exceed that previously established. That is, if an employee has been placed on probation for two months, it cannot be reinstalled for three months afterwards.

During their working life, most people have to look for a new job several times. The first step in hiring is concluding an employment contract (Article 16 of the Labor Code of the Russian Federation).

It is important to know what the conditions may be in 2016. Probation– one of its subparagraphs, which is an additional condition.

Explanation of the concept according to the Labor Code of the Russian Federation

The concept of “probationary period” is mentioned in Article 70 of the Labor Code of the Russian Federation. This clause of the contract protects the interests of both management and new employees.

The probationary period is:

1. The time interval during which the employer is able to evaluate the professional qualities of a new employee in practice.
2. An opportunity to test the candidate’s discipline and ability to work in a team.
3. The employee should decide whether or not to continue working in the new team and how satisfied he is with the new job.

Nuances of registration for the testing period according to the Labor Code of the Russian Federation 2016

There are important subtleties in preparing documents for this period, because the probationary period is additional condition in the admission documents.

Therefore, mention of the test must be in the contract.

1. It is assumed that if in employment contract There is nothing about the probationary period, which means the employee does not have one.
2. If the test is mentioned in the contract, then it can also be included in the acceptance order.
3. It is not allowed to independently introduce a test clause into the order.
4. An exception may be the case when an employee is allowed to start work without an employment contract, which is properly drawn up, that is, in writing (Article 67 of the Labor Code of the Russian Federation).
   Then, within three days, a contract is drawn up and a line about testing is included in it.
5. But in this case, a preliminary agreement on the test is required.
   Such an agreement also needs to be drawn up on paper.

The procedure for dismissal during the probationary period according to the Labor Code of the Russian Federation 2016

The test helps speed up the work.

Employer actions:

1. The employer must issue a written notice notifying the employee of the termination of the contract three days in advance (Article 71 of the Labor Code of the Russian Federation).
2. The notification must be stamped and dated. One notice is given to the employee, the other is sent to the accounting department.
3. The manager issues a dismissal order.
4. All that remains is to make the calculation, pay and give work book to a former employee.

Employee actions:

1. The employee, for his part, is not obliged to work the two-week period if he concludes that the place is unsuitable.
2. The employee must notify the employee of the decision not to continue to remain at this workplace. This must be done in writing three days before the scheduled date (Article 71 of the Labor Code of the Russian Federation).
3. However, there are cases when this rule does not apply, for example, if the head of the organization is in the place of the subject. He must be given a warning one month in advance under Article 280 of the Labor Code of the Russian Federation.

The conditions for completing the probationary period can be found in the video.

What are the benefits of a probationary period for the employer and the subject?

When a candidate applies for a new job, it is important for him to know what benefits the test provides.

During the work process, the subject is a full-fledged employee of the organization and has, on an equal basis with the employees who make up the permanent staff, rights and responsibilities.

Differences:

• upon dismissal, the subject is not required to work for a two-week period;
• the employee has the right to choose: stay in this job or look for a new one.

A probationary period for employers is, in fact, a saving of time and money. To terminate a contract with a key employee without his consent, compelling reasons are needed.

It is much easier to fire a candidate during the probationary period:

• You can dismiss an unsuitable employee within three days (Article 71 of the Labor Code of the Russian Federation);
• there is no need to resolve the issue with trade unions;
• the employee’s consent is not required; it is enough to familiarize him with the notice.

Does a probationary employee have rights and responsibilities?

What the subject has the right to and what he is obliged to do is noted in Art. 70 Labor Code of the Russian Federation.

For such, of course, all the provisions of the Labor Code of the Russian Federation, the provisions of internal local acts and various agreements, conditions collective agreement, if any:

1. Employee during this period labor activity receives a salary, the amount of which should not be less than that provided for this position.
2. This condition applies to bonus payments only if they are mentioned in internal regulations.
3. The employee is accrued temporary disability benefits and is provided with additional and educational leave.
4. If an employee on a probationary period in 2016 falls under the state, then all the conditions for dismissal for this case also apply to him (Article 81,178,180 of the Labor Code of the Russian Federation).
5. The employer controls the employee and verifies that all terms of the employment contract are fulfilled.

During the test, the employee has all the rights and responsibilities that all employees of the organization have.

Duration of probationary period

The management of the organization should not independently determine the duration of the test:

• from Art. 70 of the Labor Code of the Russian Federation it is known that this interval is 3 months;
• if this period is passed by the heads of the organization, as well as chief accountants, deputies, heads of branches, structural divisions, then the test is six months (maximum);
• if the interval of the employment contract is from two to six months, then the probationary period is set to two weeks.

How does it affect vacation, length of service and temporary disability benefits?

Article 70 of the Labor Code of the Russian Federation mentions that for an employee on a probationary period, all provisions and points of labor legislation apply.

The length of service begins with the start of work during the probationary period and is counted towards the total length of service. And this experience is taken into account in the future in accordance with Art. 121 of the Labor Code of the Russian Federation in 2016.

However, there are periods of time that do not fall within the probationary period:

1. The interval during which the subject was on leave due to temporary disability is not taken into account when calculating the probationary period.
2. For example, if the test came to an end at a time when the subject was temporarily disabled, then after closing the sick leave, such an employee must work the number of days that remained until the end of the period before it can be considered completed.
3. The test interval does not include the time when the employee was not on site: short-term leave without pay, study leave and other cases when the employee for some reason good reasons was absent with the consent of management.

Thus, there is no need to confuse:

1. the test period does not include periods of absence of the employee from the place of work for various reasons;
2. but when calculating temporary disability benefits, vacation, and work experience, this period must be taken into account.

Which employees are not subject to the test?

But the trial period does not apply to everyone.

Article 70 of the Labor Code of the Russian Federation contains a list of categories of employees who work without testing:

• candidates who have entered into a short contract for an interval of up to two months;
• persons who were transferred to this work from other places;
• pregnant women;
• mothers with children under one and a half years old;
• applicants under 18 years of age;
• persons who received a diploma after graduating from higher or secondary educational institutions who are starting to work for the first time in the specialty received after graduation. The interval before starting work should be no more than a year.
• persons who received a position as a result of a competition.

If, according to the Labor Code of 2016, a probationary period cannot be set for a particular candidate, then it cannot be established, even if this is provided for by the internal documents of the organization and the employee himself is not against establishing a probationary period. This conclusion is made on the basis of Article 9 of the Labor Code of the Russian Federation, which notes that internal documents organizations cannot restrict rights and worsen conditions guaranteed by labor legislation.

Test results and remuneration

Remuneration is regulated by Chapter 21 of the Labor Code, where Art. 71 states that all provisions of labor legislation apply to the subject.

That's why:

1. An employer cannot arbitrarily reduce an employee's salary during a probationary period.
2. An employee on a probationary period is entitled to the salary established for this position.

The result of passing the test (Article 71 of the Labor Code of the Russian Federation) is continuation of work if the employee is satisfied with the management of the organization and is satisfied with the working conditions.

If the test subject made a worthy impression, the employer can shorten the test period, which is specified in the contract:

1. This must be recorded in writing.
2. It is necessary to issue an order that it is considered completed.

If the test period has ended and the employee remains at his workplace, then he has passed the test. There is no need to create documents confirming the completion of the test.

If the employer is not satisfied with the work of the subject and intends to terminate the contract, he must notify him of his decision within three days and terminate the contract.

Thus, the probationary period is an important point of the employment contract and represents a kind of mutual instrument that both parties can use.

At the right time, this tool can insure both the employer and the employee.

Find out about the duration of the probationary period and salary during it from the video.

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

In the article:

Unfortunately, the professional qualities of a new employee cannot be determined at first glance. Labor legislation gives the employer the right, if necessary, to check the employee’s ability to perform the work stipulated by the concluded employment contract. For this purpose, the parties, when concluding an agreement, stipulate the conditions ...

Pay attention! Count the probationary period into the period of actual work and take it into account when calculating your vacation and insurance periods. About how to count And experience, say Systema Personnel experts.

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

Question from practice

Nina Kovyazina answers,
Deputy Director of the Department of Medical Education and personnel policy in healthcare of the Russian Ministry of Health.

The test clause does not apply to mandatory conditions employment contract. When drawing up an employment contract by agreement of the parties, you can write it down to check how the newcomer will cope with the work (Article 70 of the Labor Code). In this case, the test condition is not mandatory (Article 57 of the Labor Code)…

Ask your question to the experts

Maximum probationary period for an employee

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

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

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

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

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

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

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

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

Job search, like recruitment, is a labor-intensive process. Even if the candidate’s professional qualities meet the requirements of the vacancy, and the specialist is fully suited for the proposed job, this does not mean that the cooperation will be long and successful.

Define further cooperation allows a probationary period upon hiring.

Probation period according to the Labor Code of the Russian Federation

According to Article 70 of the Labor Code of the Russian Federation, the test period can last for different cases:

• no more than two weeks;
• no more than 3 months;
• no more than six months;

The shortest probationary period is provided for when concluding a fixed-term employment contract of up to 6 months. The same rule applies to seasonal workers.

The usual probationary period does not exceed 3 months. By agreement of the parties, it may end earlier, but not later.

A six-month probationary period can be established for the chief accountant, the head of the company, its branch, representative office, as well as their deputies.

The longest probationary period of up to a year is established upon entry into the civil service. If an employee is transferred from one government agency to another, then the maximum probationary period is six months.

The Labor Code of the Russian Federation specifies categories of workers for whom it is impossible to establish a probationary period:

• If the candidate was hired through a competition.
• Pregnant women.
• Employees with whom the contract is concluded for two months or less.
• Candidates under 18 years of age.
• Former students who completed primary, secondary or higher education, and went to work for the first time in the specialty they received.
• Disabled people sent to work based on the recommendations of a medical examination.
• Specialists invited by way of transfer to work for another employer.
• If the candidate was elected to an elected position.
• Persons who were transferred to the reserve from service (military, alternative).

Why is a probationary period introduced when hiring a new employee?

Upon taking up a position, a probationary period is introduced not only for the employee, but also for the employer. During this period, both parties have the opportunity to take a closer look at each other and draw appropriate conclusions whether it is worth continuing cooperation or not.

During the employee's probationary period, the employer evaluates his abilities, business qualities, communication skills, compliance with the assigned position, the ability to competently carry out assignments, observe discipline and the rules established in the company.

During the probationary period, the employee draws conclusions about the company as a whole, about his position, responsibilities, salary, team and management.

Remuneration during the testing period

An employee who is under probation is fully covered labor law. Therefore, if the company decided to stipulate in the contract that the trial period will not be paid, then this is a clear violation of the law.

Moreover, many employers deliberately set the probationer a lower salary, promising to increase it after the probationary period.

Firstly, it is impossible to limit the remuneration of an employee on probation. The size of his bet should not be less than the bet provided for in staffing table for this position.

Secondly, reducing the salary during the test falls under the article of discrimination. For example, in the company's staffing table there are 2 positions for purchasing manager. One position was occupied by an old employee, and another was hired by a new person with a probationary period. So, from the first day of his work, a newcomer should have the same salary as an employee who has been working in a similar position for several years.

But, nevertheless, almost all companies set a lower salary for employees on a probationary period. This can be done quite legally, for example, by changing the salary for a newbie position in the staffing table. It is worth remembering that the salary should not be less than the minimum wage.

The tested specialist may be paid a bonus and other incentive payments specified in the regulations on bonuses and remuneration. Also, the employer is obliged to pay the test subjects a certificate of incapacity for work, overtime, going to work on weekends and holidays.

How to register

The probationary period is subject to mandatory registration. It is concluded with the employee labor contract, and on the basis of it an order for employment is issued. These documents record the duration of the test period. Information about the probationary period is not entered into the work book, but only a record of hiring.

Is it possible to extend the probationary period of an employee?

It is not prohibited to increase the trial period, but only if its duration does not exceed the norms established by law.

For example, when an employee’s probationary period is one month, but after this time the employer has doubts about the candidate’s professional qualities, then the probationary period can be extended to three months or up to six months if we are talking about the position of chief accountant or branch manager.

It is impossible to increase the length of the probationary period without the consent of the employee. Therefore, the employer's task is to justify its decision to extend the trial.

It is necessary to document the employee’s mistakes, untimely completion of tasks, violation labor discipline, attach memos from managers, if any. Documented facts are handed over to the employee for review against signature.

If the candidate agrees with his shortcomings in work, then the employment contract is completed additional agreement about increasing the test period.

If an employee considers the claims to be unfounded and does not agree to increase the probationary period, dismissal is permitted on the basis of irrefutable written evidence.

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

The rights and responsibilities of the tested employee are no different from the rights and responsibilities of other employees working in the company.

What rights does an employee have during the probationary period:

• receive wages, bonuses for overtime work, bonuses, other incentive payments;
• take sick leave and receive insurance payments for the period of incapacity;
• take vacation days at your own expense or towards future vacations. However, the employer may legally refuse leave if this does not contradict Article 128 of the Labor Code of the Russian Federation. For example, if an employee has a child, the employer is obliged to give him time off without pay for up to 5 days;
• resign on your own initiative, without waiting for the completion of the probationary period.

Responsibilities of the employee:

• comply with the terms of the employment contract;
• observe labor and fire discipline, internal regulations;
• Perform your job duties according to job descriptions.

The procedure for dismissing an employee who has not completed the probationary period

Dismissal of someone who has not completed the probationary period, step by step instructions:

Step 1. Prepare a written notice to the employee in advance indicating the reasons why further cooperation is impossible.

These reasons must be documented. This could be a memorandum from the manager, an act of non-compliance labor responsibilities, act of disciplinary action, written complaints from clients with whom the specialist worked, minutes of the meeting of the commission to determine the outcome of the probationary period, etc.

The notice also indicates the date of the planned dismissal and the date of drawing up the document. The notice is drawn up in 2 copies for each party.

Step 2. Give notice to the employee no later than 3, and preferably 4 days before the end of the probationary period, or the date of planned dismissal, if the decision to terminate cooperation was made much earlier than the end of the probationary period.

If this is not done on time, the employee is automatically considered to have passed the test.

Step 3. The employee reads the notice and signs for its receipt, indicating the date. If the employee refuses to sign the notice, then the employer draws up a report, which is signed by at least two witnesses.

Step 4. A dismissal order is issued. An entry corresponding to the article of dismissal is made in the work book.

Step 5. On the day of dismissal, the employee receives a work book, salary for days worked and compensation for unused vacation (if any).

In cases where the specialist himself decides to terminate the employment relationship without waiting for the end of the test, he must notify the employer about this 3 days in advance. At the same time, he writes a letter of resignation on his own initiative, and resigns under this article.

It should be noted that the dismissal of employees who have not passed the probationary period is equivalent to dismissal at the initiative of the employer. Therefore, you should read Article 81 of the Labor Code of the Russian Federation before removing a specialist from his position.

For example, you cannot fire a pregnant woman or a woman raising a child under three years old. If an employee is on vacation or temporarily disabled, it is also prohibited to fire him.

Who benefits from it?

A probationary period is beneficial to both parties. Thanks to this period, the employer will be able to verify the candidate’s professionalism or begin an immediate search for a new specialist.

And the specialist, in turn, will be happy new job or start looking at vacancies from other employers. Thus, neither the specialist nor the employer will waste time looking for a new candidate or another job.

Video - rules, procedure for establishing and registering a probationary period when hiring a new employee:

Discussion (19)

In our organization, all employees are accepted on a probationary period. As an assistant personnel officer, I had problems dismissing such candidates. Especially when a person disappears without picking up his work book. There are many nuances here, the main thing is to strictly adhere to the deadlines for submitting documents for dismissal. This requires clear coordination of the actions of the manager and personnel service. It often happens when managers need to immediately fire a person on probation, but under the law such actions are illegal. The main thing is to clearly and competently draw up documents from the very beginning of employment, discussing with the person all the nuances of his employment contract.

Yes, staff turnover in our company is also high, now the demand in the labor market is many times greater than the supply, so the managers get rid of themselves as best they can. The fact that bonuses are not given during the probationary period is a separate issue. Although I personally read in the Regulations on Bonuses that everyone should be paid - both new employees and part-time workers (both internal and external)

We established a probationary period for the chief accountant for a period of 6 months. The salary is full, after the probationary period bonuses are added to the salary. So the accountant turned out to be unqualified, although he had extensive experience. We broke up. And thanks to the trial period, it’s painless. I think that not all positions need it, but somewhere it is still necessary. And not always the employer is to blame; sometimes the employees do not meet the requirements.

When I came to work after college, I was given a standard probationary period of 3 months with a reduced salary. And words could not be said about this.

We have experience in removing an employee from staff for a probationary period. At this time he was officially installed in recruitment agency, with whom we cooperate. Usually it is 6 months. Then admission to the staff with a probationary period of three months. Thus, both the employee and the company have 9 months to see the results of cooperation and make a decision. This is important when the result of a specialist’s work is tied to long-term projects.

Often employers fall for the trick “in order not to spoil your employment, we will not fix a probationary period,” and then simply part with an employee who has worked for a month with a payment of 10 thousand rubles.

Tell me what to do. They gave me a probationary period of 3 months, but I have been working for the company for 5 months already. I don’t know where to turn and how to generally resolve this issue.

A fairly common practice is when an employee who is actually hired on a probationary period is signed up for a fixed-term employment contract (2-3 months). If the vacancy is interesting enough to the employee, then he will agree to such conditions and agree that the contract will include work for which it is impossible to sign a contract for an indefinite period (not those that the employee actually performs). This is, of course, beneficial for the employer - an unsuitable employee is fired without unnecessary formalities.

I have my own construction company, and when hiring employees, both engineers and workers, there is a probationary period great value. During this time, you find out who is capable of what. Many people complain that employers fire employees at the end of their probationary period. But judge for yourself, a person joined the team, began to work fruitfully, and then he was fired. This is not beneficial for the employer. After all, it takes one and a half to two months for an employee to start working at 100%. And compliance with the Labor Code is on the conscience of the employer. Therefore, a probationary period is vital.

I want to comment on the article from the employer's point of view. There are five salespeople working in my store, I hired all of them with a probationary period of three months. During the store's operation, two candidates did not pass the probationary period; I parted with them without conflicts, because the registration was clear, the girls were warned.
For me, it is important not only professional suitability, but also the attitude of the candidate in the team. I paid the same salary to everyone, bonuses too, no disadvantage due to the probationary period.
I broke up with one of the candidates literally a month later due to outright theft, and if she had been hired on a permanent basis, it would have been more difficult to fire her, the girl could have worked for another 15 days, I absolutely didn’t want to see her.
I think that there is nothing offensive to the candidate in the practice of a probationary period. Believe my experience, an entrepreneur will never part with an intelligent employee, who is still looking for.

Very often, employers abuse the norms of the Labor Code, which allow them to hire workers on a probationary period. It is no secret that during the probationary period, the salary is an order of magnitude lower than that of those who work under an indefinite employment contract. As a rule, this is a bare salary, without bonuses and allowances. There are many large enterprises hiring workers for a probationary period of 3 months. They are paid minimum wages, and then fired as having failed the test, and new ones are immediately hired. This is practiced on a large scale, people are hired and fired in shifts, but legally everything is clear, all these people allegedly did not pass the test when hiring. Therefore, such a legal phenomenon as “probationary period” has an ambiguous meaning. On the one hand, it allows the employer to choose for himself best shots, on the other hand, sharply increases the possibility of arbitrariness on the part of the employer. And if “white collar” workers can somehow apply for a job, since it is not easy to find a highly qualified specialist, then “blue”, and even more so “black” collar workers are in a much more disadvantageous position. They can simply be fired in batches after 3 months, without explaining anything.

At the job where I currently work (as an accountant), the issue of payment during the probationary period was resolved as follows: I receive only a salary, and after its completion they will begin to accrue a bonus to me. At the same time, the employment contract stipulates that the bonus is awarded based on the results of work and by the decision of the management.

I have a lot of experience working during a probationary period, but at one time I just couldn’t find a job that would suit me, so everywhere during the probationary period they gave me a much lower salary, which full-time employees or they simply paid the minimum wage, which is about 4,500 thousand, and when the time came to formalize it, they delayed this process in every possible way, especially individual entrepreneurs

The probationary period has the status of a high necessity when applying for a job! How could it be otherwise? How to understand whether a person’s professional qualities are suitable and whether they are comparable with the declared data? This is why both the employer and the applicant look at the potential job. If everyone is happy with everything, then the person is officially registered under the labor code with all that it entails. If not, then the search continues, and there are no obligations left to the person. In my opinion, everything is correct and fair!
The main thing is that both parties must know and comply with labor laws. Because sometimes, due to ignorance, a person is hired and is not subsequently employed due to a long probationary period. In the end, when it is convenient for the employer to get rid of you, he will easily do this, and without infringing on your rights. So, of course, it is necessary to monitor the legality of actions taken at the enterprise, this will be useful for everyone)))
It is very good that the rights of the test subject are equal to the rights of a full-fledged employee. This is, first of all, a guarantee and some kind of care for a person as a socially significant unit in our country!

I had to work in an organization where the employer lowered wages during the probationary period. This is a clear violation. And this happens a lot. We had a probationary period of three months; we could have been kicked out the door not long before the end of the probationary period. Apparently they were saving on salaries.
The question is why doesn’t anyone contact labor inspection?

I agree with Yana. “Experienced” employers often use the probationary system for illegal reasons. Usually students and young people (without work experience) suffer from unscrupulous companies. They agree to all the conditions and are unfamiliar with the TC. Learn from your own mistakes very quickly! But often, having not received payment or compensation, they do not go to the courts, which is very sad, because there would be an order of magnitude fewer deceivers.
According to the law, the probationary period cannot exceed 6 months. And employers like to take full advantage of this period, if not to deceive, then to cut costs (in the form of wages).

I have extensive experience in different organizations- large and not very large, and I have never seen complete compliance with the rules for dismissing an employee who has not completed the probationary period. Usually this process is simplified - the employer verbally notifies the employee that the probationary period has not been completed and the employee is dismissed at his own request.
Lately there have been a lot of complaints about employers - they hire an employee for a position for a probationary period with a lower salary, the person works from a month to three, then they tell him that he did not pass the probationary period. They recruit employees again - and everything goes in a circle. Thus, the company saves on wages. Naturally, this applies to a greater extent to unskilled workers.