What does probation mean. Probationary workers have the same rights as regular workers.

Nowadays, the process of selecting and hiring new employees in an organization is very time-consuming. A candidate for a vacancy is interviewed, which is often very difficult psychologically. In addition, the interview can be set by the employer more than once, and the person has to go through it in several stages. All this does not give a 100% guarantee that the employee will be suitable, therefore, in many organizations, new employees are set probation on labor code. The conditions of the probationary period are stipulated in articles 70 and 71 of the Labor Code of the Russian Federation.

Why is this measure needed?

To check employees, a probationary period is established according to the Labor Code

Many are interested in what the probationary period is set for. This is done to determine if the new employee to carry out the duties assigned to him. The duration of the test is determined internal requirements company, but the term for non-management positions cannot be longer than three months.

The test of an employee allows the employer to assess the professional capabilities of a new employee, and in case of unsatisfactory work, terminate the contract with him.

Who determines employment on special grounds?

The question of who sets the probationary period is decided by the direct management of the company and agreed with the recruitment department. Together, the management structures of the company decide on the advisability of establishing a probationary period, its validity period, and termination conditions.

The company's management conducts a test check of the candidate in order to determine his compliance with the position held. The following must be taken into account:

• The probationary period is set only for those employees who are newly hired. It cannot be set for those employees who already work in this company, but are transferred to another position and to another department, even to a higher position.
• Even before the employee begins to perform duties, he must be notified of the probationary period. An employment contract must be concluded with the employee in writing, containing its conditions in the column on the probationary period. Conditions can also be formalized as a separate agreement. If the probationary period is not formalized by an official document, then the conditions for its implementation have no legal force.
• The presence of a probationary period must be indicated not only in employment contract, but also in the order for employment.
• The employee is obliged to confirm with his signature the fact of familiarization with the documents, while it is not necessary to put a mark on the assignment of a probationary period in the work book.
• In accordance with the Labor Code of the Russian Federation, a probationary period is negotiated between both parties. A note on mutual expression of will in the employment contract is mandatory. If the condition for testing an employee is written only in the order that the employee is accepted, then this is already a violation of human labor law. In this case, the conditions of the probationary period do not apply. legal basis and therefore are invalid.
• If the employment contract does not contain information about the probationary period, and the employee has already been admitted to work, then he was accepted without a test.
• It is prohibited by law to extend the period of probation, which is noted in the employment contract. But the days when the employee was absent due to illness are not included in the probationary period.
• After the expiration of the probationary period, if the employee remains in place, he is considered to be accepted into the staff of the organization.
• The employer may dismiss the employee before the end of the probationary period by notifying him of this in writing 3 days in advance, indicating the reason for the dismissal. The decision of the employer may be challenged in court.

When hiring, an employee must be familiar with all normative documents enterprise and its main job responsibilities. The employee must certify the familiarization with the documents with a signature. During the probationary period, the employer may realize that the employee is not suitable for the position. Then the fact that the employee knew what duties were assigned to him, but did not cope with them, will be the reason for dismissing the employee as having not passed the test.

A separate issue - a fixed-term contract

The probationary period is set only for new employees.

Employers and job seekers are interested in whether it is possible to set a trial period for admission under a fixed-term contract, because a certain time period is already prescribed in such an agreement. Yes, an employer can establish a probationary period for an employee who has signed a fixed-term contract. If the contract is drawn up for a period of two to six months, then the trial period cannot be longer than 2 weeks.

Who is not accepted on probation?

The probationary period is not established for the following categories of persons:

• employees who were elected to the position through competitive selection)
• women at any stage of pregnancy, as well as mothers of children under the age of one and a half years)
• minors under the age of 18)
• persons who have received higher or secondary specialized education under the program of state accreditation (such a privilege applies to them within 1 year from the date of receipt of a diploma of relevant education))
• persons elected to elective office for paid work)
• employees who entered the position by transfer from another employer, if there was agreement between the employers)
• hired for up to two months.

In all of the above cases, a probationary period cannot be established.

If an employee, in the course of performing his duties, comes to the conclusion that this work or the organization does not suit him, he has the right to terminate the employment contract without waiting for the end of the probationary period. The employee must notify the employer of this in writing 3 days before the expected date of dismissal. Grounds for dismissal this case- the desire of the employee himself. The employer has no right to interfere with this and is obliged to pay the employee in a timely manner.

What is important to remember

According to the Labor Code in 2013, an employee on probation has the same rights as his full-time colleagues.

Therefore, such facts of infringement of the rights of an employee as a decrease in wages, a decrease in the level of bonuses and others are a violation of legislative labor standards.

The trial period is included in the length of service. During the period of incapacity for work of an employee, he, like other employees, is subject to social benefits. He also receives additional pay for extracurricular work.

Has the test been passed?

There are a number of reasons why a probationary period cannot be established.

Employers do not seek to accept those employees who often get sick or ask for time off, so they often dismiss them at the end of the probationary period, citing the fact that the employee has not coped with his direct labor duties. Evidence confirming that the employee successfully copes with his labor duties will help not to be in a similar situation. It is better to collect them immediately, from the first working day.

• On the first day of work, the employee must receive a job description from the employer.
• If certain difficulties arise in the course of work through no fault of the employee, he must notify his immediate superior with a memo.
• If in the course of work the employee did not receive disciplinary action, then this characterizes him as an employee who copes with his official duties.
• If, nevertheless, the employer has good reasons to dismiss an employee who does not cope with his duties, he cannot do this during the period of the employee’s absence from the workplace due to illness or other good reason, including during vacation. If this happens, the employee has the right to go to court, and the decision (if there is evidence) will be made in his favor.

Many employees, due to ignorance of their rights and obligations, can lose not only time, but also a promising job. Knowing their rights, the worker can always appeal these in the permit process difficult situations arising in relations with the employer. In cases where there are violations of labor laws by the employer or employee, you need to contact the relevant authorities.

Almost all employees are put on probation by their employers when they are hired. What are the characteristics of a probationary period? What is its duration in 2018? Who is not eligible for probation? This will be discussed in this article.

What is included in the concept of "Probationary period for employment"?

The probationary period is provided for by labor legislation ( Art. 70 of the Labor Code of the Russian Federation). This period is necessary for both the employer and the employee:

The trial period is determined at the conclusion of the employment contract by agreement of the parties.

What is the duration of the probationary period for employment?

According to labor legislation (Article 70 of the Labor Code of the Russian Federation), maximum size probationary period, but no minimum is defined. Given this fact, the employer has the right to establish any size of the probationary period within the maximum:

Example:

Employee Mikhailova M.M. hired on 10/15/2017, having concluded an employment contract for a period until 12/14/2017. not provided.

Features in determining the duration of the probationary period

In addition to the probationary period norms specified in the labor legislation, there are norms that determine the duration of the probationary period for other categories of citizens:

Thus, when hiring and determining the probationary period, not only the term of the employment contract is taken into account, but also the status of the position held.

Employees who are not subject to a probationary period when hiring

According to Article 70 of the Tax Code of the Russian Federation, a test for employment is not established for:

• persons elected on the basis of a competition for 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 received secondary vocational education or higher education according to state-accredited educational programs and for the first time entering work in the received specialty within one year from the date of receipt vocational education appropriate level;
• persons elected to elective office for paid work;
• persons invited to work in the order of transfer from another employer as agreed between employers;
• persons concluding an employment contract for a period of up to two months.

What can affect the length of the probationary period?

If during the probationary period the employee was absent from work, the probationary period is extended by the number of days when the employee was not at the workplace. The reasons for extending the probationary period may be the following:

• period of temporary disability;
• leave without pay;
• suspension from work

Dismissal during the probationary period

In accordance with Art. 71 of the Labor Code of the Russian Federation, both the employee and the employer can unilaterally terminate an employment contract during the probationary period:

Example:

Employee Mikhailova M.M. hired on 10/15/2017. During the period of work, the employee realized that the work did not suit her and decided to quit during the probationary period, which lasted 3 months. November 15, 2017 Mikhailova M.M. wrote a letter of resignation from 11/18/2017. The employer does not have the right to force an employee who is on probation to work for 2 weeks.

If, at the end of the probationary period, the employee continues his labor activity- the trial period can be considered successfully completed.

Questions and answers

1. Employer said he didn't plan to continue with me labor relations after probation but my probation ends in 2 days. Do I understand correctly that after 3 days I can not go to work?

Answer: According to Article 71 of the Labor Code of the Russian Federation, the employer may terminate the employment contract with you before the expiration of the probationary period, but his duty is to notify the employee of the termination of the employment contract in writing no later than three days in advance, indicating the reasons that served as the basis for recognizing this employee as not passed the test. In your case, there is only an oral discussion, so you will have to go to work in 3 days without fail will have to avoid trouble in terms of violation of labor laws with subsequent disciplinary action.

1. I made the decision to quit during my probationary period. Can I qualify for severance pay?

Answer: In accordance with Art. 71 of the Labor Code of the Russian Federation, termination of an employment contract during the probationary period is carried out without taking into account the opinion of the relevant trade union body and without paying severance pay. Based on this regulation, you will not have to count on the payment of severance pay.

1. I am planning a transfer from one department to another within the same organization. Will I be placed on probation again?

Answer: No, in the case of a transfer from one department to another within the same organization, a probationary period will not be assigned. Even in the case of a transfer from one employer to another, within the framework of an agreement between employers, a probationary period is also not assigned.

How to get a job with a trial period? The probationary period is a period of time when the parties look at each other. After signing required documents The employee has been placed on probation.

The employer evaluates the subject as a future employee: his qualifications, the accuracy and quality of the duties performed, disciplinary behavior.

During the test, the test subject can also draw conclusions about working conditions, requirements for tasks performed, meeting deadlines for paying salaries.

The test time is included in the total length of service; for this period, no rights of the subject should be infringed. All conditions provided for other workers also apply to the subject. This also applies to wages.

The probationary period allows, in case of poor performance of one's duties, to terminate the contract with the subject before the end of the test without additional payments. But the main thing is that when applying for a job with a probationary period, the documents are correctly drawn up. Is the employment contract concluded for a trial period?

When introducing a newcomer to the staff of the enterprise, the following main documents are drawn up:

• Application for a job with a trial period;
• an employment contract with a probationary period;
• an order for admission with a probationary period;
• registration of the probationary period in the work book.

Only if all these documents are correctly executed with poor-quality work performed during the verification period, the subject can be fired without any legal proceedings.

In accordance with article 70 of the Labor Code, a probationary period is not prerequisite when applying for a job.

The applicant has the right to refuse it.

In such a situation, it is either accepted without verification, or simply denied registration.

Let us consider in more detail the following questions: how to arrange a probationary period and is an entry made in the work book during the probationary period?

Application for a job

The first step in hiring an employee for a probationary period is the preparation of an application for a probationary period.. It is usually written in free form. The inclusion of the probationary period language in this document is the applicant's good will.

The application is made in the name CEO enterprise indicating his full name, position and name of the organization. Further written from whom this document is sent.

The text of the application must indicate the position for which the applicant is accepted and the service or department where he is registered. Then the employee who gets a job can write that he is accepted with a trial period, indicating its duration.

Moreover, this duration cannot be set longer than the prescribed period in the legislation: for ordinary employees, applying for a job with a trial period of 3 months is the maximum.

Employment contract with a probationary period upon employment

Is a contract drawn up for a probationary period and how to draw up an employment contract with a probationary period (sample below)?

An employment contract with an employee for a trial period is the most important link when registering for a job ().

When compiling it for a beginner undergoing a test, a clause on the test period under article 57 of the Labor Code is included in the text of the document.

The main condition of an employment contract for a trial period is bilateral consent.

When making a demon fixed-term contract the inspection period under Article 70 of the Labor Code cannot be announced for more than three months for ordinary employees and six for the management team. In such a sample employment contract with a trial period of 3 months, the following entry is made:

An employee is hired as an engineer. The beginning of activity is counted from "__" _______ 2016.

This document determines the execution of a probationary period for 3 (three) months from the date of employment. A positive mark of passing the test is the qualitative performance of the duties recorded in job description.

In case of dishonest work, the contract is terminated at the suggestion of the employer in the form of a written notice three days before the term of termination.

The conditions of the probationary period must be specified in the regulation on passing the test, it specifies the conditions and criteria for evaluating the test subject.

If there is no mention of the verification period in the document, it is considered that the newcomer is enrolled without verification.

The trial period for a fixed-term employment contract (for employment with a trial period of six months) should not exceed two weeks.

For persons signing a contract for 2 months, verification is not introduced.

In all other cases of fixed-term contracts, the period remains the same as for open-ended contracts.

If for some reason the wording of passing the test was not included in the document, then after the employee began to fulfill his duties, it is no longer possible to change or add an entry about the test in the document.

It is considered incorrect practice when a document on passing a test is signed after working out at a new place for several days.

Order

After drawing up an employment contract, an order for admission is formed. A record of the test is entered into it and its duration is indicated, if such a mark is available in the contract. If it is absent in the contract, the check mark is not included in the order.

The employee was enrolled from "__" ______ 2016 to the position of an accountant with a salary according to the staffing table in the amount of ______ rubles.

With a trial period of 3 (three) months.

Reason: Employment contract No. __ dated "__" _______2016.

Filling out a work book

Is an entry made in the work book during the probationary period?

Is the probationary period included in work book?

During the probationary period, when hiring, an entry in the work book is not made..

Formulated standard phrase about getting a job. Upon dismissal (at the initiative of the employer) during the probationary period, the following entry is made in the labor record: "dismissed of his own free will."

If the termination of the contract occurs during the verification at the suggestion of the employer (), then the following entry is made:

Dismissed due to an unsatisfactory test result in accordance with Article 71 of the Labor Code of the Russian Federation.

Important: The TC uses the term "test", not "probationary period". In order to avoid any discrepancies with the wording of the law, in official documents it is better to make an entry with the word test.

With a test without clearance

If an employee is registered for a probationary period without a contract, then he is considered to be enrolled without any tests.

Employment with the establishment of the test must be documented. Moreover, when concluding an employment contract for a trial period, the consent of the accepted employee is required.

Without this, this paragraph is not included in any document. The person who is applying for a job indicates his consent to the verification by an entry in the application for admission drawn up by him and by a signature in the concluded employment contract.

If a new employee began to fulfill his labor obligations, then it is impossible to make a line about the test after the law. Only with the correct preparation of documents with the inclusion in them of the wording of the verification period, there will subsequently be no discrepancies in conflict situations.

The term "probationary period" is familiar to everyone who has ever taken a job - it is a legal right for the employer, for a certain period of time, to evaluate 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 test in advance. The entry in the labor 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 suitability of the employee for the position for which he is applying. At the same time, the conditions and duration of the test are prescribed in the employment contract itself.

Job test

The procedure for testing a potential employee when hiring expresses the completely legitimate right of the employer to determine his professional skills and the suitability of his position. It is important to remember that this is not mandatory, but additional condition 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 at the conclusion of an employment contract

It is worth remembering that an employee on probation 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 tend to offer the applicant for a position a small salary. The Labor Code does not stipulate any special payment conditions for this case, but it is also not directly prohibited to set a lower salary for this time.

Registration procedure

All conditions are prescribed in the employment contract, which the company must conclude with the employee. The exact start and end date of the trial period (from 01/01/2002 to 01/04/2002) or its duration (two weeks, three months) is indicated. Do not forget that the hiring order must indicate that the employee will be inspected for his suitability for the position held. One copy of the work contract is given to the employee.

Who should not be placed on probation

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

• those who went to the position through competition, in accordance with Russian law;
• pregnant women going on maternity leave soon;
• minor citizens;
• graduates of universities and other educational institutions for whom this is the first job;
• if the employee is elected to the chosen paid rate;
• when transferring from another organization, for example from Moscow.

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

• with 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 Federal significance and all those who came to the customs service on a competitive basis.

Length of probationary period for employment

The standard period of probation for employment is three months. Senior employees - managers, chief accountants, financial directors, their deputies can be tested for compliance with the 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 employment lasts two weeks, in the case when a fixed-term employment contract is concluded (up to 6 months). When concluding a regular contract, the employer himself sets the duration of the labor test - from one to three months, depending on the position held. For senior managers, this is three months. At the request of the employer, the duration of the period of work can be reduced.

Probation period extension

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

Maximum probationary period under the labor code

When concluding a fixed-term contract lasting from two to six months or seasonal work, the trial period can only last 2 weeks. If the employee is hired on a permanent basis, then the maximum period of probation for employment is six months. These terms are prescribed 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 termination. An employee can write a letter of resignation from the enterprise if the position in which he worked did not suit him. Does an employer have the right to terminate the work trial earlier if the work of the employee is unsatisfactory? Yes, only everything must be formalized according to the law (corresponding order), and the employee must be warned in advance ..

Rights of an employee on probation

The labor legislation clearly states that an employee who is on a labor 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 in relation to the early termination of the employment contract.

Can I 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. For a while sick leave the labor test is not counted, it resumes its effect when the employee returns to his place of work. In the event that an employee terminates cooperation with the employer (regardless of the reason), the employer is obliged to pay sick leave.

What determines the salary

An employee on a probationary period is subject to labor laws. This means that his rights should in no case be less than those of the main personnel. The salary must be set according to the staffing table. This can be bypassed by simply typing in staffing reduced salary for "manager's assistants" 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 in holidays and weekends.

End of probation

We note right away that there is a situation when it is impossible to dismiss an employee after a probation period: when an employee became pregnant during this period of time and brought the relevant certificates. In other cases, there are two options for ending the trial period.

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

The dismissal of an employee undergoing a test is always drawn up as detailed as possible, because there is a rather big chance that the employee will consider such actions illegal and sue the employer. This can be avoided by proving that the employee violated the rules of work, safety precautions, did not follow instructions, was absent without good reason. When hiring, you must receive a written notice from the employee with his signature that he was aware of all the internal regulations of the employer.

Video: work with a trial period

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

When hiring, even if there is a probationary period, the employer concludes an employment contract with the employee. The contract must indicate that the employee is accepted "with a probationary period lasting ....". The salary that the employer is going to pay to the employee on probation must also be stipulated in the contract. If the employment contract does not contain a condition about assigning a test to the applicant when hiring, this means that the employee has been hired for a 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, then the probation period is extended to 6 months. If a fixed-term employment contract is concluded with an applicant for a vacant position for a period of 2 to 6 months, then the trial period cannot exceed 2 weeks. If the employee was sick or was actually absent from the workplace for other reasons, these periods are deducted from the probationary period.

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

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

If the employee has passed the test, then it is not necessary to conclude a new employment contract with him. He continues to work on the conditions specified in the employment contract concluded upon admission. If the results of the test, according to the employer, are negative, then he can terminate the employment contract with the employee even before the end of the probationary period.
To do this, he must notify the employee in writing of the impending dismissal 3 days in advance. The notice of dismissal must also detail the reasons. The employer must justify his decision about the negative results of passing the test.
If the employee does not agree with the results of the test, then he must also notify the employer. If he considers his dismissal illegal, he has the right to apply to labor inspection or to court. The opinion of the trade union in this case is not taken into account. The employee also has the right to terminate the employment contract with the employer if, during the test, he decides that this job 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 compliance of the employee being hired with the position for which he is registered.
Establishing the period necessary for testing is the right of the employer, but not his obligation. Therefore, if he believes that this applicant is suitable for a vacant position, he can hire him without passing the test.

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

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

The 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 during the course of the employment relationship the parties came to an agreement that the test period should be changed, then they can sign an additional agreement and write down this provision in it.
On the basis of a signed employment contract or additional agreement, an order is issued, which also reflects the duration of the probationary period. If there are no such conditions, then the employee is considered accepted without a probationary period.

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

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

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

Who is not on probation?

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

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

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

Exceeding the probation period

The maximum 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 time limit strictly established by law. Therefore, the employer must first determine whether his new employee belongs to this category or not, and only then establish tests for him for a certain period.

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

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

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

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

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

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

In more "narrow" regulations governing the activities of various categories of workers, other terms for the test may be established. Therefore, if the employer is guided by such regulations 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, and he has no right to increase it.
However, there are such periods in work that are not included in the period for the employee to pass the test, that is, they actually increase the probationary period for a particular employee. These are periods of time such as:

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

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

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

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

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

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

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

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