Probationary working conditions. Probationary period: how it happens and how it should be

Hello, Elena!
According to the provisions of Art. 70 of the Labor Code of the Russian Federation:
1) the probationary period should last a maximum of 3 months;
2) he must be paid in the same amount in which the work on this position will be paid in the future;
3) for the period of the probationary period, the employee must be registered as an active employee.
Separately, I will explain that the order for hiring must be announced to the employee within three days from the date of the actual start of work. Thus, the conditions put forward by the potential employer for the written registration for work only after 3 months of the probationary period are illegal.
Among other things, I would recommend that you independently familiarize yourself with the provisions of Art. 70, 71 of the Labor Code of the Russian Federation, as they contain certain nuances, which may not be reported by your question.

ST. 70 of the Labor Code of the Russian Federation:
When concluding an employment contract, by agreement of the parties, a condition may be provided for testing the employee in order to verify his compliance with the assigned work. The absence of a test condition in the employment contract means that the employee was hired without a test.
In the case when an employee is actually admitted to work without drawing up an employment contract (part two of Article 67 of this Code), a test condition may be included in the employment contract only if the parties have drawn up it as a separate agreement before starting work.
During the trial period, the employee is subject to the provisions of labor legislation and other regulatory legal acts containing labor law norms, collective agreements, agreements, local regulations.
The test for hiring is not established for: persons elected through a competition to fill the relevant position, held in accordance with the procedure established by labor legislation and other regulatory legal acts containing labor law norms; pregnant women and women with children under the age of one and a half years; persons under the age of eighteen; persons who have graduated from educational institutions of primary, secondary and higher vocational education with state accreditation and are entering work for the first time in their specialty within one year from the date of graduation from an educational institution; persons elected to an elective position for a paid job; persons invited to work by transfer from another employer as agreed between employers; persons who conclude an employment contract for up to two months; other persons in the cases provided for by this Code, other federal laws, collective agreement.
The trial period cannot exceed three months, and for heads of organizations and their deputies, chief accountants and their deputies, heads of branches, representative offices or other separate structural divisions of organizations - six months, unless otherwise provided by federal law. When concluding an employment contract for a period of two to six months, the trial cannot exceed two weeks.
The period of temporary disability of the employee and other periods when he was actually absent from work are not included in the trial period.
Art. 71 of the Labor Code of the Russian Federation:
If the test result is unsatisfactory, the employer has the right to terminate the employment contract with the employee before the expiry of the test period, notifying him of this in writing not later than three days in advance, indicating the reasons that served as the basis for recognizing this employee as not having passed the test. The employee has the right to appeal against the employer's decision in court.
If the test result is unsatisfactory, the termination of the employment contract is carried out without taking into account the opinion of the relevant trade union body and without payment of severance pay. If the test period has expired, and the employee continues to work, then he is considered to have passed the test and the subsequent termination of the employment contract is allowed only on a general basis. If, during the trial period, the employee comes to the conclusion that the job offered to him is not suitable for him, then he has the right to terminate the employment contract of his own free will, notifying the employer about this in writing three days in advance.

The term "probationary period" is familiar to everyone who has ever got a job - it is a legal right for an employer, for a certain period of time, to assess the professionalism and knowledge of a potential employee. The trial period lasts from three months to six months, the validity period must be indicated in the employment contract, the employee must familiarize himself with all the details of the trial in advance. The employment record should not include information about the probationary period.

What is a probationary period under the Labor Code

In Russian legislation, all standards are spelled out in article 70 of the Labor Code of the Russian Federation. There is also a definition of this term: this is a period of time that is set by the employer in order to assess the employee's suitability for the position for which he is applying. At the same time, the conditions and duration of the test are spelled out in the employment contract itself.

Job test

The procedure for testing a potential employee when hiring expresses the employer's legitimate right to determine his professional skills and suitability for his position. It is important to remember that this is not a mandatory, but an additional condition of the concluded employment contract, which is made by agreement of both parties. This is not an obligation of the employer, rather it is his desire to check the employee, and if there is no doubt about the qualifications of the employee, there is no question of any probationary period.

Probationary period when concluding an employment contract

It is worth remembering that the employee on trial is an equal member of the team, this is expressed in the fulfillment of his rights, as well as in the payment of wages. Many employers seek to offer the applicant a small salary. The Labor Code does not prescribe any special payment conditions for this case, but it is not directly prohibited to establish a lower salary for this period.

Registration procedure

All conditions are spelled out in the employment contract, which the company must conclude with the employee. The exact date of the beginning and end of the trial period (from 01.01.2002 to 04.01.2002) or its duration (two weeks, three months) is indicated. Do not forget that the hiring order must state that the employee will be checked for his suitability for the position. One copy of the work contract is given to the employee.

Who is not allowed to establish a probationary period

Employment with a probationary period is prohibited for a certain category of persons, which include:

• those who passed to the position on a competitive basis, in accordance with Russian legislation;
• pregnant women who are going on maternity leave soon;
• minor citizens;
• graduates of universities and other educational institutions for which this is the first job;
• if the employee is elected at the selected paid rate;
• when transferring from another organization, for example from Moscow.

The law determines other conditions under which the employer does not have the right to appoint a test for passing to a vacant position:

• for temporary employment for up to two months;
• in the case when the employment contract is concluded before the end of the apprenticeship period;
• in case of replacement for a specified period of civil servants of a certain category (assistants, advisers, managers);
• in the customs service when hiring graduates of specialized educational institutions of federal significance and everyone who came to the customs service on a competitive basis.

Duration of the probationary period when applying for a job

The standard test period for employment is three months. Top-level employees - managers, chief accountants, financial directors, their deputies can be tested for suitability for a position in terms of professional suitability for up to six months. Another case is fixed-term employment contracts for up to six months. Then this period should not exceed two weeks.

Minimum

The minimum test period for hiring is two weeks, in the case when a fixed-term employment contract is concluded (up to 6 months). When concluding an ordinary contract, the employer himself sets the period of validity of the labor test - from one to three months, depending on the position held. For senior executives, this is three months. At the request of the employer, the length of the period of work can be reduced.

Extension of the probationary period

The duration of the labor test is recorded in two fundamental documents - an employment contract and an order for employment. There are cases when the trial period can be extended: employee illness, time off, specialized training. Only these reasons can justify the extension. The employer issues an additional order, which indicates the period for which the test is extended and the valid reasons that served as the basis for this.

Maximum probationary period under the labor code

When concluding a fixed-term contract with a duration of two to six months or seasonal work, the trial period can only last 2 weeks. If an employee is hired on a permanent basis, then the maximum test period for hiring is six months. These terms are spelled out in the Labor Code of the Russian Federation.

Early termination

The main reason for the early termination of the employment contract is the successful completion of the test. The employer issues an order for the early completion of the test, which details the reasons for its completion. An employee can write a letter of resignation from the enterprise if the position in which he worked did not suit him. Does the employer have the right to terminate the labor probation earlier if the employee's work is unsatisfactory? Yes, only everything must be formalized according to the law (the corresponding order), and the employee must be warned in advance ..

Probationary rights of an employee

The labor legislation clearly states that an employee who is on probation has exactly the same rights and obligations as the rest of the employees of the enterprise. This applies to wages, receiving bonuses, establishing social guarantees. The candidate has the right to appeal in court any actions of the employer that infringe on the rights of the employee, including with respect to early termination of the employment contract.

Is it possible to take sick leave

An employee who is on a trial period has the right to take sick leave, the calculation of which will be calculated according to his average daily earnings. During the hospital period, the labor test is not counted, it resumes its effect when the employee goes to his place of work. In the event that the employee terminates cooperation with the employer (regardless of the reason), the employer is obliged to pay the sick leave.

What determines the size of the salary

An employee on a probationary period is subject to labor laws. This means that his rights should in no way be less than those of the main cadre. The salary should be set according to the staffing table. This can be circumvented by simply introducing into the staffing table a reduced salary for "assistant manager" or "assistant", its size can be any, but not less than one minimum wage (minimum wage). The employer is obliged to pay sick leave, overtime, work on holidays and weekends.

End of the probationary period

Immediately, we note that there is a situation where it is impossible to fire an employee after the probationary period: when during this period of time the employee became pregnant and brought the appropriate certificates. In other cases, there are two options for the end of the trial period.

• positive - both parties are satisfied with the work in the organization, then the employee is enrolled in the staff according to the job description;
• negative - the employing firm is not satisfied with the quality and result of the applicant's work, a decision is made to terminate the contract (the order in the form indicates the reasons and evidence of the employee's negligence).

The dismissal of an employee undergoing a trial is always drawn up in as much detail as possible, because there is a rather big chance that the employee will consider such actions unlawful and sue the employer. This can be avoided by proving that the employee violated work rules, safety precautions, did not follow instructions, was absent without a valid reason. When hiring, it is necessary to receive a written notification of the employee with his signature that he was aware of all the internal rules of the employer.

Video: working with a trial period

The probationary period is established for newly hired employees for a period of up to 3 months (in some cases, it can be increased to 6 months). According to the Labor Code, the employer is not entitled to reduce wages during the trial period.

The nuances of the preliminary testing of workers are indicated in Art. 70 of the Labor Code of the Russian Federation. According to the Law, any employer reserves the right to establish a certain period during which an employee has the opportunity to show his positive qualities in the professional field, and then find a job on a permanent basis.

Probationary period when applying for a job: features and differences

The essence of the trial period is that the employer can learn about the positive and negative professional qualities of the new employee during this time. If, however, an agreement is concluded between the parties, in which there is no note on the verification of his knowledge and skills within a certain period of time, then the employee is automatically considered accepted without testing.

When there is no contract between the employer and his subordinate, but the latter has already started work, the test can be only if an agreement was concluded before starting work.

Acc. from st. 70 of the Labor Code of the Russian Federation, a probationary period is not established in relation to the following persons:

• For those who came to work on a competitive basis.
• For minors, pregnant women and women with children under 2 years of age.
• For those who received higher or secondary vocational education under state-accredited educational programs less than a year ago in the same specialty in which they are employed.
• For persons applying for an elective paid position (winning by voting).
• When transferring from one place of work to another, if it was agreed by both managers.
• If the employment contract is concluded for a period not exceeding two months.
• When concluding an apprenticeship agreement with an organization: upon termination of its validity, only registration without preliminary tests is possible.

How is the employment process with a preliminary test:

• An order of employment is issued signed by the manager.
• The new employee reads the order and signs it.
• An entry is made in the work book about the conclusion of an employment contract with an indication of the order number and the corresponding article of the Labor Code of the Russian Federation.
• All data is placed on the trainee's card or personal file.

Salary during the trial period

The hired employee is subject to all internal regulations and acts, as well as the provisions of labor legislation - i.e. a new person in a team has the same rights as everyone else, therefore, a decrease in wages in this case is illegal.

The employer can only indicate a lower salary in the employment contract, and if the professional skills of the subordinate are satisfied with it, an additional agreement is concluded with the condition of increasing the basic rate.

Duration of the probationary period when applying for a job

The lower limits are not limited by legislation, but the maximum probationary period for hiring cannot exceed three months for ordinary employees, and six - for the management team and their deputies in organizations and branches; accountants and their substitutes.

If the employment contract is concluded for less than six months, the test cannot last more than two weeks. Any extensions in all of the above cases are prohibited, and when the time expires, but the employee continues to work, he is considered to have passed the test, and the termination of the contract can be made only on a general basis.

During the test period, sick leave, absenteeism and other circumstances for which the employee was disabled or actually absent from the workplace are not counted.

Dismissal at the initiative of the employer

If the employee did not observe labor discipline during the verification period, skipped or behaved incorrectly in relation to the team, the manager has the right to notify him of the upcoming dismissal in writing 3 days before dismissal. The work book will indicate "at the initiative of the employer" as the reason.

Features of dismissal of an employee on probation

If desired, any employee undergoing probation, three days before the proposed dismissal or the end of the period, must provide the manager with a letter of resignation, but is not required to explain the reasons. In the future, the appropriate column indicates "at the initiative of the employee."

When the employer is not allowed to fire an employee during the probationary period

There are several reasons why a supervisor cannot fire a test subordinate:

• Sick leave.
• Personal motives.

An exception is the suspension of the firm's operations when an order is issued.

The process of dismissing an employee who did not pass the test:

• The employer prepares evidence confirming the incompetence of the employee: memoranda, information about absenteeism, explanatory or previously drawn up complaints.
• A written notification of the desire to terminate the contract is drawn up. It indicates the reasons, and also it is recorded in the registration log.
• An appropriate order is drawn up, which is signed by the dismissed, and then the document is recorded in the journal.

If fired illegally

It is not uncommon for the manager to force him to write a letter of resignation of his own free will, but the employee himself does not want to do this. If such a situation arises, it is necessary to contact the labor inspectorate or the prosecutor's office with a written complaint. Despite the fact that the employee is on trial, he has the same rights as his long-term colleagues, and this situation is no exception.

Employee risks during the trial period

Of course, employees registered with a trial period have certain risks, the main of which is the non-renewal of the contract. More details can be found in the video:

The employee is the main driving force behind every enterprise, from a small firm to a large corporation. The functioning of the whole organization depends on the quality of its work. In the process of searching for suitable candidates, a significant part of the candidates is screened out for various reasons. To assess the professional qualities of the prospective employee, you need to see him in action. It is for these purposes that a probationary period is provided in the Labor Code (hereinafter in the article - the Code).

What do you need to know about the trial period?

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

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

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

When passing the tests, periods of disability or actual absence from work for any reason are not taken into account. If there is no mark on the probationary period in the employment contract, then it is considered that the employee was accepted without him. During the test period, the employee is obliged to comply with the norms established in labor legislation. It should also be borne in mind that there are some categories of persons for whom a probationary period is not established.

Restrictions on the application of the probationary period

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

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

The first part of Article 207 of the Code also contains information about the prohibition of a probationary period for persons who have successfully completed an apprenticeship and subsequently signed an agreement with the employer from which they were trained. A similar restriction applies to citizens who are doing alternative civilian service (paragraph 41 of Decree No. 256 of May 28, 2004). In a situation where an agreement is concluded with the listed persons, which contains information about their passage of the probationary period, it is automatically canceled (will have no effect). The dismissal of these employees upon failure to pass the tests within the term is recognized as illegal (Article 71 of the Code).

To restore justice, the listed persons can file a lawsuit. In accordance with article 394 of the Code, the employee may be offered the following options:

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

A few words about test design

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

A probationary period can be issued only prior to the commencement of employment. The salary for the specified period is paid in full in accordance with the position held. According to article 70 of the Code, an employee on a probationary period has all the rights and obligations contained in labor law. In accordance with this, penalties and measures provided for in the organization for violation of internal rules can be applied to him.

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

Negative test results are a good reason to terminate the contract. The manager notifies the employee in writing three days in advance. The reasons must be indicated in the decision without fail. The employee has the right to appeal against it in court. If the probationary period has ended, but the employee continues to perform his job duties, then this is automatically considered passing the tests. In this case, the termination of the contract can be carried out on a general basis.

Penalties for violation of the labor order

The legislation strictly regulates the relationship between employees and employers. Any violations - intentional or accidental - are punishable by certain types of penalties. Article 5.27 of the Administrative Code provides for (administrative) liability for non-compliance with established norms. Legal entities are charged an amount ranging from thirty to fifty thousand rubles. Officials and individual entrepreneurs will be required to pay from one to five thousand rubles.

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

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

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

Probationary period: rules of establishment