How to pass the trial period? How to successfully pass the probationary period

You took a new job with. Of course, it is in your best interest to show your best side in order to keep your job after the trial period. The Land of the Soviets will tell how to pass the probationary period at work.

A probationary period at work is really a test, and not only of your professional qualities. In addition to directly fulfilling your job duties as a boss, you will most likely be interested in your personal qualities related to work, the ability to "join the team", relationships with colleagues. How can and how can you not behave during the probationary period?

You can divide the probationary period at work into three conditional "spheres"- it is directly work, relationships with colleagues and relationships with superiors. These areas do not exist separately from one another, but overlap and interact, for example, your relationships with colleagues can directly affect the results of your work.

Let's start with the obvious thing that, however, many people forget. This is punctuality... Even if many of your colleagues are late, do not take an example from them: most likely, the bosses allow themselves to turn a blind eye to the slight tardiness of proven employees who have already proven themselves in a certain way, but the newcomer can be late. But punctuality refers not only to the time of coming to work, but also to the time of leaving it. Don't stay longer at work trying to impress the bosses with their hard work. Most likely, this will be regarded as your inability to plan work and keep within the given time, and this will go to your disadvantage.

Arriving at work, first of all, understand your job responsibilities... Usually the boss either introduces the newcomer to the course of the matter or assigns him a “boss” from among the more experienced employees who will show or explain everything to him. If they haven't told you anything, do not sit back and wait for someone to approach you: perhaps the boss just wants to see if you can take the initiative and find out everything yourself. Do not be afraid to ask questions and ask colleagues to help you - but at the same time, keep the middle ground and do not pester them on trifles.

Passing a probationary period at work, carry out your duties with due diligence, but without fanaticism... Yes, by working with tripled enthusiasm, you will be able to perform well during your probationary period. But after hiring, the quality of your work will inevitably decrease, because it is impossible to work at maximum speed all the time. Don't try to impress everyone with your performance. It is better to follow the principle "Do what you have to, and then come what may."

Should I take the initiative during the trial period? The answer, of course, will be different in each specific case, but generally speaking - initiative should be moderate... Probation at work is not a time for radical, innovative ideas. The initiative must be taken with care, and not as a way to assert yourself, but as an opportunity to show your competence in work matters.

Now let's talk about relationships with colleagues... During the probationary period, it is worthwhile to show kindness, but not to close the distance too much. In the first days, try to remember all colleagues by their names (if you have a bad memory for names, write them down in a notebook, it may help). Be friendly, but do not rush to get too close to someone, first take a closer look at the relationship in the team. Take part in corporate events, but forget about office romances. It happens that in a team there are various groups that conflict with each other. In no case take sides, do not participate in intrigues and spreading gossip. During the probationary period you are Switzerland, be neutral.

The most important thing during the probationary period is your naturalness and positive attitude... Be yourself and don't be afraid to make mistakes: no one is perfect, especially as a beginner. Accept advice with gratitude, respond appropriately to constructive criticism, and try not to make the same mistakes multiple times.

Going through a probationary period at work is not as difficult as it seems. The main thing is to keep the golden mean... Be yourself, but at the same time accept the corporate culture. Work hard without fanaticism. We are sure you will succeed!

The Labor Code states that the employer has the right to assign a job seeker a test when hiring. This is necessary to test the professional qualities of the future employee. This does not mean that the employer is obliged to establish a probationary period.
indicates that it is possible to establish a probationary period for an employee only by agreement of the parties. However, this is not the case in practice. The employer puts the job seeker in front of the fact that there is a probationary period, and the salary for this period 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 of duration ...." The salary that the employer is going to pay to the employee on probation must also be specified in the contract. If there is no condition in the employment contract about the appointment of a test for the applicant when hiring, this means that the employee is accepted to the vacant position without a probationary period.

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 is hired, the trial period is increased 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 actually absent from the workplace for other reasons, these periods are deducted from the trial 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 an elective office;
• persons holding a vacant position as a result of 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 normative 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 there is no need to conclude a new employment contract with him. He continues to work under the conditions specified in the employment contract concluded upon admission. If the results of the test, in the opinion of 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 about the upcoming dismissal 3 days in advance. The notice of dismissal must also detail the reasons. The employer must justify his decision about the negative test results.
If the employee does not agree with the results of passing the test, then he must also notify the employer about this. If he considers his dismissal to be illegal, he has the right to apply to the labor inspectorate or to the court. The opinion of the trade union is not taken into account in this case. The employee also has the right to terminate the employment contract with the employer if, during the trial, he decides that this work is not suitable 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 suitability of the employee hired for the position for which he is registered.
It is the employer's right, but not his obligation, to establish the time period required for the trial. Therefore, if he believes that this applicant is suitable for the vacant position, he can hire him without passing the test.

The employer has the right to apply a probationary 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 governed by Art. 70 of the Labor Code of the Russian Federation and Art. 71 of the Labor Code of the Russian Federation. But this does not mean that he works on preferential or special conditions. Absolutely all norms of the current labor legislation, as well as other regulations containing labor law norms, are applied to it. That is, he has all labor rights and must fulfill all labor duties, and can also be held liable for violation of the norms of the Labor Code of the Russian Federation.
A probationary period can 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 time limit for checking his professional suitability. The length of the term should be announced. The applicant does not have to agree! But he can offer the future employer a different term. When the parties come to a mutual agreement, they sign an employment contract, which specifies the duration of the tests for a particular applicant.

The duration of the probationary period is not an essential condition of the employment contract, that is, without this clause, the contract will be valid. In addition, if in the course of labor relations the parties have come to an agreement that the test period needs to be changed, then they can sign an additional agreement and write 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 passing it. This right is guaranteed to the employee 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 at the time of the test. The employer cannot conclude a fixed-term contract on such a basis as for a probationary period, since this is not the basis for concluding a fixed-term contract. This is a violation of the current legislation.

The same 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 a new employee. That is, the employer does not have the right to prescribe in the employment contract one amount of remuneration for the trial period, and then another amount.

But employers 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 they pay monthly bonuses to their employees, taking into account these facts. Therefore, a probationary worker generally earns less than other workers.
It is possible to carry out a dismissal on a probationary period according to a simplified scheme, regardless of who is the initiator - the employee or the employer. If one of the parties has come to the conclusion that this employment relationship is impossible, then the employment contract is terminated without the participation of the trade union organization and payment of severance pay.

To whom the probationary period does not apply

The law establishes a certain circle of persons to whom a probationary period cannot be applied as a measure of checking professionalism. The circle of such workers 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 corresponding certificate, and persons who have a child under the age of 1.5 years;
• underage applicants;
• applicants who are graduates of universities and who get a job for the first time within 1 year after graduation;
• applicants who are deliberately chosen for this position;
• employees with whom an employment contract is concluded due to transfer from another employer, if there is a corresponding agreement between these employers;
• applicants who conclude an employment contract for a period not exceeding 2 months;
• applicants for other categories, which are spelled out 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 duration of the probationary period, according to the 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 strictly statutory time limit. Therefore, the employer must first determine whether his new employee belongs to this category or not, and only then set him tests for a certain period.

A probationary period of no 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 probationary 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 work.

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 public service for the first time.

In more "narrow" regulations governing the activities of various categories of workers, other periods of testing may be established. Therefore, if the employer is guided by such regulations in order to conduct his activities, 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, but he has no right to increase it.
However, there are periods in the work that are not included in the term 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 wages;
• study leave, that is, absence from the workplace due to training;
• finding an employee in public works or performing public duties;
• 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

With an employee, you can conclude both a fixed-term employment contract and a contract determined by the validity period. This 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 be drawn up only in certain cases. These are cases such as:

• 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. This should be stated in the employment contract;
• temporary absence of another employee. A common case is an employee's decree;
• seasonal work. For example, harvesting or sowing.

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

In the case of a fixed-term employment contract, the duration of the test is also established by agreement of the parties, as in the case of an open-ended contract. The general conditions for the purpose of the test apply. The term for checking a new employee may also not exceed 3 months. But if a new employee is issued for a period of 2 months to six months, then the employer cannot set a verification period for more than 2 weeks. This situation arises when an employee, for example, is hired to perform seasonal work.
If an 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 probation. If the employer insists on this, then he is violating the basic labor rights of the employee.

We will work on the mistakes using the examples of some of the subjects who were not hired as a result.

1. Legal ignorance

The provision on the probationary period is spelled out in the Labor Code - knowledge of it will help you defend your rights during the probationary period and after it. Of course, there are personal aspects and the boss's priority in these matters, but knowledge of the law gives you greater confidence in your security.

2. Lack of knowledge of the procedures established in the company .

You were admitted on a trial period, but were not told about the working hours, lunchtime and other things? Ask yourself what time to come to work, when and where you can drink tea, at what hours you can contact your boss with a question, and when it is better not to meddle. This curiosity will not be superfluous, because every organization has its own nuances (someone holds a meeting in the morning, someone at the end of the day, and so on).

3.With its own charter in a strange monastery

If you have already worked somewhere before the device, you should not bring the usual procedures into the new organization. Expressing dissatisfaction with the organization of work or the attitude of your superiors will not add points to you, but rather reduce the chances of a permanent job. With your comments, you will bring dissonance to the well-developed team, and neither the employees nor the boss will like it. If many things do not suit you, it is better to draw your own conclusions and get used to the new order or quit without waiting for the end of the probationary period.

4. No interest in work

Perhaps this job is not interesting to you, and you are going to work only for money. Be aware that the employer sees these things immediately, and such employees are often not hired "on a permanent basis." Therefore, try to find something interesting for yourself in your work, delve into the nuances and ask your colleagues what they like about their work. Perhaps it will inspire you too. The employer is primarily interested in employees who can and want to work.

5. Fear of error

Understand that newbies often make mistakes and be prepared to be held accountable for your mistakes. The most important thing is not to blame others, but to honestly admit your shortcomings. This will immediately put you in an advantageous position, because honest and responsible people are always highly valued. In addition, a mistake is another pebble in the piggy bank of experience, and this is a valuable acquisition. We conclude: more mistakes - more experience.

6. Closure from people

You are a beginner, and you don’t know a lot, even in small things - so ask others about it. The staff, acting as such experts, will be happy to help you adapt to your new place. You may have to work with collages for more than one year, so it is better to start building friendly relationships with them right away. After all, you are not on the front line, but in your future team.

7. Ethics of the hostel

Loud music from the speakers, eccentricity of the outfit, frequent requests from work, or repeated lateness during the probationary period may well be the reason for dismissal. For your boss, work is where everyone should work and nothing else. If this becomes your conviction, you are guaranteed a career.

However, ignorance of the law does not absolve from responsibility, remember? Therefore, try in the very first days to find out all the norms of corporate culture accepted in the company. At first, all employees of the organization will be watching you, your actions will be visible Photo: Depositphotos And the other was nevertheless fired on probation for refusing to go to work on Sunday. At first, everyone in the organization will be watching you. Your actions as a new employee will be in plain sight. Therefore, respect the traditions and follow the rules established now in your company. 3. Be friendly and open You have come to work in the organization. Now you and your colleagues are one team.

How to pass the trial period

This curiosity will not be superfluous, because every organization has its own nuances (someone holds a meeting in the morning, someone at the end of the day, and so on). 3. With your charter in a strange monastery If you have already worked somewhere before the device, you should not bring the usual procedures into the new organization.

Expressing dissatisfaction with the organization of work or the attitude of superiors to subordinates will not add points to you, but rather reduce the chances of a permanent job. With your comments, you will bring dissonance to the well-developed team, and neither the employees nor the boss will like it.

If many things do not suit you, it is better to draw your own conclusions and get used to the new order or quit without waiting for the end of the probationary period. 4. No interest in work Perhaps this work is not interesting for you, and you are going to work only for money.

New job: how to successfully pass the probationary period

If there is no corresponding assignment from the leader, try to organize it. “It seems to me that the results of this half-year will look best in the table: they can be compared with the previous period. And our achievements will be clearly visible! " - the manager will surely appreciate such a proposal, and you will be able to show your best side.

Do not be afraid to take the initiative Initiative is punishable, they used to say in Soviet times. Now the situation has changed: in progressive companies, the proactive employee has not been perceived as a troublemaker for a long time.

Info

On the contrary, reasonable suggestions, fresh perspectives, and interesting ideas are likely to be appreciated by your manager. But if it seemed to you that the department in which you work is doing something wrong or ineffective, do not criticize the common cause.

How to successfully pass the probationary period

And in the team it is customary to help and support each other. Do not try to strictly limit your powers from the first day of work - I will do this, but this is not part of my job responsibilities.

This approach will immediately make you vulnerable in the eyes of not only the team, but also your employer. At first, most likely, you will be assigned an employee who will bring you up to date.

This person needs to be treated with special respect. In commercial organizations, mentoring is very reluctant to pay, and therefore for this person you will most likely be an additional burden.

Attention

Be friendly and helpful. Do not wait to be directly asked to do something if you yourself see that a colleague needs your help. 4. Coordinate your actions with the employer It would seem an obvious rule that does not even require voicing out loud.

How to pass a probationary period at work

If the employer is not satisfied with your work, then he has the right to terminate the employment contract with you, that is, simply fire you. To do this, the following conditions must be met: the contract is terminated before the expiration of the trial period, you must be notified in writing no later than three days in advance and indicate the reasons.
The employer may think that you did your job poorly, missed deadlines, were late, and so on - all this should be spelled out. Moreover, the employer cannot take your mistakes and violations "out of the head", but is obliged to document them. For example, you are late - there should be a memorandum and explanatory note. If you think that you were fired without reason, you can appeal this decision in court. Just be realistic - you really could have missed the job.

How to properly pass the probationary period

If you have taken sick leave, then you will have to go through a probationary period for as many days as you stayed at home. If it does not work out Interviews with new candidates are a good criterion for selecting personnel. And most new hires pass the test successfully.
However, it happens that newbies get lost, do not complete errands and behave lost. The employers then decide to terminate the employment relationship. In the event of a probationary period, about the termination of labor obligations, the employee is warned three days in advance. The employee must receive a letter stating the decision to end the probationary period.

You need to analyze your behavior and work on mistakes.

How to pass the trial period? employer's logic

Usually, it describes in general terms the tasks that the new specialist must solve during the probationary period, the timing of their completion, as well as the criteria for evaluating his work - for example, the number of attracted customers, the volume of sales, the number of articles written, etc. Make a plan work on a trial period can be your manager together with a specialist in the personnel department.

Having received such a document, discuss with your boss or your mentor the details: with whom you can cooperate on certain issues, where to look for the information necessary for work. Define goals and deadlines However, a newcomer does not always find itself in such favorable circumstances: unfortunately, in Russian companies, the timetable for entering a position is still rather a rarity than an everyday practice. However, you may well ask your manager to plan your work together for the first weeks or months.

How to pass a probationary period at work?

Achieving record levels in the early months is likely to be difficult. However, for this you need to take the first steps, and show the employer that you are doing everything to achieve the plans that were announced during the interview. Therefore, before entering a new job, make your plan and follow its points in order to hold out after the probationary period. In this plan, you need to write the tasks that must be completed within the specified time frame. It is also necessary to indicate the deadlines for completing the tasks and indicate the criteria for evaluating the work. You can draw up such a plan together with a manager or recruiter.

When you have such a document in your hands, you can discuss the details with the mentor on some issues. For example, where can you find the information you need to get the job done.

The consequences of such behavior can be the most unpredictable. What else is not appreciated by your employer?

• Indigestible music from your PC speakers. Alternatively, an employee with plugged ears. Putting on headphones, you isolate yourself from the rest, although it will seem to you that you are in complete control of what is happening in the office, other colleagues, seeing your headphones, simply will not approach you.

• Discussion with colleagues of your previous boss and the order in the organization.

• Eccentric behavior.

• Communication on social networks, cell phone calls with friends.

• Frequent arrivals and requests to leave work early.

What does the employer expect from you? The employer's requirements are clear: Firstly, he wants to see your desire and desire to work.

How to successfully pass a probationary period at a new job

This is a direct indication of the law, which means that even if you sign an employment contract in which a probationary period is established for you, the contract in this clause does not apply. Fourth conclusion: the test period should not exceed three months.

Less is possible - at least three days, more - no. Only managers, chief accountants and their deputies were unlucky - they can be assigned a probationary period of up to six months, the work is so responsible. The specific trial period set for you must be specified in the employment contract. But you need to take into account that the time spent on sick leave is not included in the probationary period. Have been ill for two weeks - they are added to the probationary period. Fifth conclusion, disappointing: the probationary period is really set for a reason.
First conclusion: a probationary period can be established, but this is not a prerequisite. They can be hired without a test. In principle, the probationary period is established by agreement of the parties, but if you refuse to sign the contract in which it is established, then you simply ... will not get a job.

Second conclusion: if the labor contract does not say anything about the probationary period, then it has not been established. It is impossible to include it in the contract retroactively. The employer's opinion that the test is set for everyone and there is no need to specifically stipulate it can be ignored.

Third conclusion: the law lists the categories of employees for whom a probationary period is not established in principle, including pregnant women and women with children under the age of one and a half years; minors (under 18); young specialists (with the proviso that they must get an education at a university, college, etc.)
Finding a job is half the battle; most of the newly hired employees have a probationary period ahead of them, which must be passed. And only after that it will be possible to breathe freely - the work is received.

In fact, a trial period is an opportunity to check if you are suitable for this job and if it suits you. But the crisis and the onset of the “employer market” have their own rules: work has become a reward, and the winner has the feeling that there is a queue of people wishing to get the same job behind his back (or such a feeling is being successfully formed by the employer).

In fairness, we note that at all times, entering a new job has been stressful. Let's see what constitutes a successful trial period. By right In the Labor Code of the Russian Federation (the Bible of the employee's rights), two capacious articles are devoted to the probationary period - the 70th and 71st. We read carefully and draw conclusions.

Curious information

Russians with an income of more than 45,000 rubles. less often than others part with an employer on a probationary period of their own accord (18%), but more often than others - at the initiative of the company (9%). Employees with low earnings, on the contrary, are more likely to quit themselves (22%), among them 6% who did not pass the probationary period.

Probationary period - an interval of time, determined by labor legislation, required by an employer to ascertain the professional suitability of an employee. The expiration of the period implies the need to decide whether the tested employee is worthy to work in this company. There are two options: the first - the employee continues to work further, the second - the employee is fired. Let us consider in more detail whether they can be dismissed after a probationary period and on what grounds.

The nuances of drawing up an employment contract regarding the probationary period

When registering a new employee for work, an employment contract is signed with him and a special order is issued on his acceptance for work. These documents contain information about the conditions under which the employee will work in the company. If the employer wants to check the professional suitability of a new employee, then he must agree on the employee's probationary period. This fact should be reflected both in the order and in the employment contract. The terms of testing are regulated by article 70 of the Labor Code (LC) of the Russian Federation.

If the contract does not contain a prescribed clause on the passage of the probationary period, then it is officially considered that the employee is hired for a permanent job without verification. This is true even if the hiring order says otherwise. This provision is recorded in the letter of Rostrud dated 11.03.2010 No. 642-6-1 and in Art. 57 of the Labor Code of the Russian Federation.

Dismissal options when passing the test

Any of the parties can initiate the termination of the working relationship between the company and the employee. This right is fixed in the Labor Code of the Russian Federation. There are some nuances when dismissing during the probationary period. The dismissal procedure during this period is simplified.

For example, in order to terminate the contract, it is necessary to notify the other party in writing 3 calendar days in advance. An employee does not need to work out 2 weeks, which are mandatory under labor law upon dismissal on a general basis. After 3 days, he will be provided with a full calculation and issued a work book.

The video examines the features of dismissal at the initiative of the employer

Grounds for dismissing an employee during probation

Some facts

60% of layoffs during the probationary period occur on the initiative of the top managers themselves, and only 40% on the initiative of employers.

Art. 70 of the Labor Code of the Russian Federation establishes that an employee undergoing testing is subject to all provisions of labor legislation and other legal acts containing labor law norms. In this regard, reflecting on the topic of whether it is possible to fire a person on probation, we come to the conclusion that it is possible, if there is a reason.

Common reasons for dismissal include:

• The employee does not cope with the obligations assigned to him;
• Absenteeism;
• Failure by the employee to comply with the established safety rules;
• Disregard for the rules of labor discipline;
• Unprofessional / defamatory behavior of the company;
• Disclosure of commercial / official secrets.

The reason will be legal if the employer has evidence supporting it. For example, an employee has signed job descriptions and safety precautions, but does not comply with their provisions.

Attention! An employee who is on probation can quit on his own. For this, he does not need special justification.
Another ground for dismissal of an employee, which does not require proof, is the liquidation of the organization, reduction in the number of staff.

Dismissal during the probationary period

As already mentioned, one of the parties that decides to terminate the employment relationship must notify the other party in writing 3 days in advance. If the employer is the initiator of the dismissal, then, in addition to the notification, he must provide the employee with the justification for his decision.

The reasons for dismissal can be the following factors:

• violation of labor discipline, including truancy;
• incompetence of the employee in the field of his professional duties;
• inadequate relations with the rest of the workforce.

The calculation is provided to the employee on the last day of his work. Severance pay is not included in the calculation.

It is important to know that if the above points are violated during dismissal, then the employee has the right to appeal the dismissal on probation at the initiative of the employer in court. And the employee has the right to count on the success of this enterprise, because there will be a violation of the Labor Code.

Documents required to justify dismissal during the probationary period

The legality of dismissal under the existing preconditions is regulated by Article 71 of the Labor Code of the Russian Federation. All reasons for dismissal must be supported by written evidence. Without their presence, dismissal is considered illegal, and the employee can appeal against it in court.

Evidence of unsatisfactory passing of the tests are:

• acts of marriage admitted by the employee;
• memoranda on non-fulfillment or poor-quality performance by the candidate of his job duties;
• negative testimonial from the employee responsible for monitoring the candidate's probationary period;
• if available - extracts from the test control log;
• complaints from team members;
• customer complaints in the book of complaints and suggestions (if any);
• orders, acts, notifications of disciplinary sanctions (if any).

Dismissal immediately after the end of the check

In the absence of a notice of dismissal from the employer, the first day following the date of the end of the probationary period is considered the first day of work on a permanent basis. The manager or the personnel department is not required to notify the tested employee about the end of the period for his examination.

If the employer decides to dismiss the candidate, he is obliged to notify him about this 3 calendar days in advance. Dismissal with the wording that the candidate did not pass the test may occur no later than the date following the day of the end of the probationary period. Thus, the last day of receipt of a notice of legal dismissal with the above wording for the employee is the date 2 working days before the end date of the audit prescribed in the order and contract.

As a reminder, the employer must justify his decision. Specifically about what may be the reason for dismissal, you can read in the previous section.

There are also a number of other cases where the decision to dismiss during the trial would be considered illegal. For example, the rules prohibit the dismissal of a pregnant woman, which is spelled out in the first part of Article 261 of the Labor Code of the Russian Federation.

Dismissal initiated by the employer, after more than 1 day has passed since the end of the probationary period, must be carried out on a general basis.

The wording that the employee did not pass the test during the probationary period is illegal in this case. Therefore, an employee in this situation should be dismissed only on a general basis, according to the Labor Code of the Russian Federation. A different development of events may become a reason for challenging the legality of the employer's actions in court.

The standard procedure for dismissal on a general basis provides for:

• working off a 2-week period after receiving a notice of dismissal;
• receiving a full cash settlement, including severance pay.

Dismissal procedure

Some facts

Russians over 45 are the least likely to leave their employers on probation (14% voluntarily, 4% voluntarily). Among 45-year-olds, the largest percentage of applicants who have never got a job with a trial period (13%).

The correctness of the procedure for dismissing an employee during the probationary period or immediately after it is of great importance. Failure to comply with any point may become a motivated reason for challenging the dismissal in court.

Consider the procedure for dismissal:

• the employer must send the dismissed employee a written notice of dismissal in 2 copies no later than 3 days before the end of the probationary period;
• the employee must read the notice and sign the employer's copy. If the dismissed person does not want to accept the notification, then this fact must be recorded in a special act in the presence of 2 witnesses;
• further, the employer must issue an order on the dismissal of this employee with a listing of the facts that served as the reason for the termination of labor relations with him;
• the accounting department of the company must calculate it on the last day of the stay of the dismissed employee at work:
• issue wages for hours worked,
• to issue compensation for unused vacation;
• the personnel department or the head of the enterprise must enter the wording about the reason for the dismissal (unsatisfactory test results) in the work book, and give it to the dismissed employee.

Stages of dismissal of an employee on trial

Interesting data

According to the research center, a survey among workers and employers showed that dismissals during the probationary period are three times more likely to happen at the request of the employee than at the will of the employer. For 19% of the respondents, the probationary period ended with the termination of the employment contract on their initiative, for 6% - by the decision of the employer. Most of the applicants managed to pass the probationary period and stay at work in the company (66%). Only 8% of applicants who managed to get a job without a probationary period.

It is worth not only considering in detail whether they can be fired during the probationary period, but also read the instructions for reduction:

1. Collection of documents confirming the validity of the dismissal of an employee undergoing probation.
2. Drawing up a written notice of termination of the employment contract, containing the reasons for dismissal. Registration of notification according to the established rules. Sending it to an employee at least 3 days before dismissal. Receiving a receipt from an employee or drawing up an act of refusal to accept in the presence of witnesses.
3. Execution of a dismissal order during the probationary period. It must be communicated to the person being dismissed by signature.
4. Make a calculation within 10 days. Not only wages are paid, but also compensation for the vacation time if the employee has worked for more than 15 days.
5. Entering into the personal card of a citizen and his work book of an entry that the employment contract with the employee was terminated during his probationary period. The work book is personally handed over to the dismissed employee.

When dismissing an employee undergoing a probationary period, it is important to consider the following nuances:

• It is not provided for working out for 14 days; 3 days are given for the completion of labor legal relations;
• If an employee who has received certain documents or equipment at his disposal is dismissed, then the procedure for transferring cases is established in accordance with the Labor Code of the Russian Federation;
• All provisions of the Labor Code of the Russian Federation on the dismissal of employees during their probationary period are the same for employees of private and state-owned companies and enterprises.

If the employee believes that the dismissal is illegal, and the reason is unreasonable, then he can appeal the decision of the employer and be reinstated in the workplace.

The video tells about important nuances when dismissing employees.

Prohibition of dismissal on probation

Probationary dismissal is not possible under the following conditions:

1. During pregnancy. Art. 70 of the Labor Code of the Russian Federation establishes that the condition for passing the probationary period for pregnant women is impossible for inclusion in an employment contract. If it became known about pregnancy after admission to the test, then it stops, and the woman starts working without a probationary period.
2. In maternity leave. During the probationary period, the employer is obliged to arrange maternity leave for the woman, while ensuring the necessary payments. He has no right to fire an employee.
3. Retired. The Labor Code of the Russian Federation and other regulatory legal acts containing labor law do not provide for the dismissal of a citizen on a probationary period due to his reaching retirement age. Dismissal of a pensioner can only take place on general grounds.
4. You cannot fire a person who is on sick leave.

In case of disagreement with the dismissal, the employee has the right:

• Achieve reinstatement at work through negotiations with the employer, indicating those articles of the labor law that he is violating.
• Submit a reasoned complaint to the Labor Inspectorate.
• Go to court.

If you have questions about dismissal after the probationary period, write in the comments