Need a trial period. What is the maximum trial period and can it be extended? Hiring verification period

Labor law provides for the need for a conclusion between the employee and the employer, either employment contract, or a civil law contract. Only in the presence of one of these documents is a person entitled to start work. By decision of the management of the enterprise, the person hired can be established. About what he is, why is it required, who is not allowed to install probation and other intricacies of legislation, we will talk in this article.

Why do you need a trial period?

So, trial period is the period of time set by the employer for the newly hired worker in order to verify his suitability for the position held. For example, it is advisable to establish a probationary period in the case of hiring persons who have a different education than that required for a specific position, or who do not have work experience in a specific area. At the same time, such a trial period is necessary not only for the employer, but also for the employee himself, in order to draw conclusions about the suitability of the chosen position, about how much the organization and the team are suitable for him.

Quite often, a probationary period is also established for employees who fully meet all the requirements established for a particular position. Employers do this in order to verify the accuracy of the information provided by the person in.

If, during the probationary period, the employer concludes that the hired person does not cope with the duties provided for his position, then the employment contract concluded with him may be terminated even before the final completion of the probation. In this case, the employer must notify the employee about the decision in writing, indicating the reason for dismissal.

In order to avoid that the employee has grounds for contacting the labor inspectorate or the courts, he should be familiarized with job responsibilities... They can be fixed in job description, as well as other local regulations. Each violation of official duties must also be recorded in writing.

What does the legislation say about probation?

Probationary legislation contains article 70 of the Labor Code of the Russian Federation "Test at hiring"... This article clearly defines the optional nature of the trial period, its time limits, as well as a list of persons for whom the trial period is not established.

Article 70 of the Labor Code of the Russian Federation - Test for hiring

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 event that 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 in the form of 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 norms labor law, collective agreement, agreements, local regulations.

A test at hiring is not established for:

Persons elected in a competition for filling the relevant position, held in the manner prescribed 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 by state accredited educational programs and for the first time applying for work in the received specialty within one year from the date of receipt vocational education the appropriate level;
persons elected for elective office for paid work;
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.

So, probationary period cannot exceed 3 months... When it comes to temporary jobs that last 2-6 months, then the probationary period is either not established at all, or, in extreme cases, is provided for a maximum of 2 weeks.

For certain positions, a six-month trial period may be envisaged. These include the positions of heads of enterprises and organizations, their deputies, chief accountants and their deputies, as well as heads of structural divisions, branches and departments.

These officials must pass a six-month trial if they are not subject to certain federal legislation that cancels the employment test.

At the same time, the duration of the probationary period does not include the days when the employee was on sick leave and in. So, if a probationary period was set for an employee from March 1 to March 31, but he went on sick leave from March 6 to 10, his trial will last until April 5.

About those who cannot be assigned a probationary period

The above-mentioned article of the Labor Code provides for a list of citizens for whom it is prohibited to establish a test during employment. This list includes:

Pregnant women;
persons who are employed before reaching the age of 18;
women with children under the age of 1.5 years;
persons holding elective positions;
persons hired for temporary work for a period not exceeding 2 months;
persons who, upon agreement, are employed by transferring from another enterprise;
persons who are first employed in their specialty after completing their studies in an accredited state educational institution;
employees hired based on the results of the competition.

Also, a probationary period is not established when hiring for other categories of workers, if this is provided for by local regulations for the enterprise, primarily a collective agreement.

How the trial period is formalized

As already noted, the need for passing the probationary period, as well as its duration in each specific case, are determined in the employment contract, which the employer signs with the employee upon admission to work. If such information is not contained in the employment contract, it is considered that the person is hired without a test.

It happens that it is issued retroactively, when the employee has already begun to perform his job duties. In this case, the test takes the form supplementary agreement to the contract, which must be done before starting work. As noted in article 67 of the Labor Code, if an employee starts work without signing any documents, he is considered accepted.

What is the salary during the trial period?

Labor legislation establishes the right of an employee on probation to receive all benefits, as well as to enjoy the rights provided for persons in their main job. This means that his salary should not differ from that which he would receive as a main employee. This also includes bonuses and other types of material incentives established at the enterprise. But, as a rule, everyone who passes the probationary period has an order of magnitude less wages. This is primarily due to the fact that the employee is joining the work and cannot work at full strength.

But a similar legislative norm also applies to, since an employee on a probationary period is considered a full member of the labor collective.

Hiring personnel carries certain risks for the organization, because success, in general, depends on the experience, knowledge and skills of an individual staff unit. A trial period allows you to minimize them. According to the Labor Code of the Russian Federation, it is a right, not an obligation of the employer, and is usually set within three months.

Main regulatory framework

The test for hiring is intended for the employer to assess the business and professional qualities of the employee, and the employee to determine for himself whether the assigned work is suitable for him or not (part 1 of article 70, part 4 of article 71 of the Labor Code of the Russian Federation).

Labor Code RF:

• Art. 70 - concept and limitations;
• Art. 71 - the results of the passage;
• Art. 289 - for a fixed-term contract.

Federal Law on Civil Service No. 79-FZ

Federal Law on Service in the Department of Internal Affairs No. 342-FZ

The test condition (including the term) is established exclusively when hiring (parts 1, 2, article 70 of the Labor Code of the Russian Federation).

Different approach

The Labor Code does not contain the term "probationary period", but Article 70 mentions about "probation when applying for a job." Experts consider these concepts to be equivalent and refer them to the elements of an agreement concluded between the employer and the applicant. If the document does not contain a condition on the probationary period, the legislation recognizes it as unsettled; the employee is automatically enrolled in the staff.

Detailed information on the probationary period under the Labor Code of the Russian Federation in 2018 is presented in the table.

Categories of citizens	Maximum test duration	Link to document
Employees who have signed a contract for 2 - 6 months	14 days	h. 6 art. 70 of the Labor Code of the Russian Federation
Signing a contract for up to 2 months	missing	h. 4 tbsp. 70 of the Labor Code of the Russian Federation, art. 289 of the Labor Code of the Russian Federation
Applicants for a managerial position - chief accountant, middle manager, deputy director, etc.	6 months	h. 5 art. 70 of the Labor Code of the Russian Federation
The beginning of a career in the civil service	12 months	Art. 27 of Law No. 79-FZ
ATS officer	6 months	Art. 24 Law No. 342-FZ
Other employees (signing of an open-ended contract)	3 months	h. 5 art. 70 of the Labor Code of the Russian Federation

Also see "".

And the Labor Code of the Russian Federation prohibits socially protected citizens from establishing a probationary period. They are eligible for employment without being screened. These include:

• pregnant employees;
• minors;
• workers transferred from another organization;
• who received the position on a competitive basis;
• women raising children under 1.5 years of age.

What the Labor Code says about dismissal on probation

The result of passing the test is assessed by the employer, whose decision affects the future fate of the employee. When the allotted time has expired, and nothing has changed - that is, all the tasks have been completed successfully - he is automatically accepted into the company. Additional registration is not required.

If the applicant has not shown the necessary professional qualities or committed a serious violation of discipline, dismissal is allowed on a probationary period under article of the Labor Code of the Russian Federation on the initiative of the employer (article 71). Then you need to observe three important conditions:

1. Timely inform the employee about the decision made by submitting a written notice. Deadline - no later than three days before the expected date of termination of the contract.
2. Prepare documents confirming incompetence. The interests of employees, including those undergoing a probationary period, are fully protected by the Labor Code. Therefore, the reason for dismissal must be weighty and reasonable. In case of infringement of rights, undesirable consequences are guaranteed for the organization.
3. Correctly draw up the procedure for terminating an employment contract, observing a certain procedure. Please note: if there is an error in the documents, consequences such as the restoration of an employee with a request to them monetary compensation from the employer. Also see "".

If the employer is satisfied with the qualification level, he has the right to shorten the probationary period provided for by law and take the employee into the state.

Important nuances

First, with regard to salaries and compensation. Formalized and vetted candidates have permanent employee rights. The Labor Code does not provide for special conditions for them, therefore, their accrual is carried out in a general manner.

According to our information, this year it is not planned to change the procedure for regulating labor relations between the employer and the applicant for a trial period. The 2018 Labor Code remains current and its provisions remain in effect.

Recruiting personnel for any organization is an important and very difficult business. Employers often maintain entire HR services, form their own system for searching and evaluating applicants, contact professional recruiting agencies, but these measures do not always give the desired result. Even multilevel interviews and the availability of recommendations from a candidate cannot guarantee that a potential employee has the necessary competence, discipline and other characteristics that are in the eyes of the employer. greatest weight... As you know, dismissing a person at the initiative of the employer is quite difficult. And so that the company can easily get rid of a newly hired employee who turned out to be not so good, labor legislation allows him to be issued for a trial period.

Test period - unique opportunity for the administration and colleagues to take a closer look at the newcomer, evaluate his professional and personal qualities, on the basis of which, and make a decision on further interaction. At the same time, the employee himself tries himself in business, tries to join the team and checks how much the working conditions promised at the interview correspond to reality. Realizing that this is "not his" place, he has every right to quit within 3 days and not waste his and other people's time on futile cooperation. Thus, the candidate can immediately start looking for more interesting offers, and the former employer - the choice of a suitable job seeker.

However, it is not so easy to break off an employment relationship with an employee who does not believe he has failed the test. The organization's decision to part with such an employee must be justified and supported by appropriate documents. It is important to strictly follow all procedures related to the probationary period - this will avoid problems with the dismissal of a negligent newcomer.

Appointment of a probationary period

The admission of the applicant for a trial period is carried out exclusively with his consent. This condition must be mandatory be present in the employment contract, otherwise the employee has every right to start his duties immediately as a “full-fledged” employee.

According to the letter of the law, the establishment of a probationary period is possible only at the time of employment. You cannot assign a test "retroactively" when a new person has already taken office and started working. There is also a ban on testing for "old-timers" who are transferred to another job, even if the new position is leading. Promotion, transfer of an employee on probation to another position means that the trial was passed successfully and completed ahead of schedule.

There are a number of persons who are prohibited by the Labor Code of the Russian Federation from establishing a probationary period. These include:

• minors;
• pregnant women and women with children under the age of 1.5 years;
• graduates of universities and colleges applying for work in their specialty for the first time within a year after receiving a diploma;
• winners of the competition for filling a vacant position;
• entering an elective office;
• those who came for transfer from another job;
• concluding a short-term employment contract (up to 2 months);
• other categories of workers, enshrined in the norms of legislation and the provisions of the collective agreement of the organization.

An employer who has established a probationary period for the above persons may incur administrative liability up to the suspension of the enterprise's activities, but such punishment is not always applied. The fact is that it is not the responsibility of the organization to establish the "benefits" available to the employee for a trial period. If, on the day of registration for work, the applicant has not submitted supporting documents to the personnel service, then the test contrary to the law is recognized as legitimate.

Duration of the probationary period

The standard test period for most beginners is 3 months. Exceptions to this rule are listed in Art. 70 of the Labor Code and include 2 categories of employees:

1. For executives, chief accountants and their deputies, a probationary period may be established for a period of up to 6 months.
2. Those working under a fixed-term employment contract (from 2 months to six months) pass the test in a maximum of 2 weeks.

The appointed time is necessarily fixed in labor agreement and cannot exceed the maximum established for this category of workers. The employer can accept a person initially for a shortened probationary period, but in this case, he has no right to extend it without the consent of the subject.

How to determine the end date of a trial? Firstly, the duration is calculated in calendar days, that is, holidays and weekends are included in it. Secondly, the days that the “newcomer” was ill or took at his own expense are excluded from the probationary period.

Registration of a probationary period

If management, based on the test results, decided that an employee is not suitable for work in the company, it will not work to fire him only on the basis of a clause in the employment agreement. How to properly arrange a probationary period so that, if necessary, painlessly say goodbye to a new employee?

1. In the order for employment, it is imperative to include a record of the probationary period and its duration.
2. Evaluation of a beginner's performance cannot be subjective. The employer must develop and formulate on paper clear criteria for suitability for the position held. These can be special tasks, specific indicators that the subject undertakes to achieve within a certain period of time. All tasks are drawn up in writing and submitted to the employee for review under signature. Such a document is a list of tasks with a description of the result that should be obtained in the course of their solution, specific deadlines.
3. The employer is obliged to regularly monitor the achievement of the established indicators by the newcomer. Each fact of unfair performance of duties must be recorded officially: by an act, a memo, a memo, which will indicate which of the issued tasks the employee did not cope with. It is these documents that will serve as proof that the subject this work was not on the shoulder.

Dismissing the test subject

How to fire an employee who has not passed the probationary period? By the end of the trial period, the employer must prepare in advance, namely, draw up a notice and familiarize the dismissed with it in time. This must happen at least 3 days before the date of termination of the employment relationship.

Since the probationary period is calculated in calendar days, the moment of its end may coincide with a weekend or holiday when it is impossible to issue a dismissal. In this case, the date of dismissal should be considered the working day on the eve of the weekend, which means that the employee must be notified even earlier.

What is a notification? This is a document that informs the employee that he has not passed the probationary period, indicating all the recorded facts of unsatisfactory performance of duties and links to supporting memoranda. On the notice of dismissal, the subject affixes his signature and the date of familiarization.

At this point it is worth turning Special attention: the deadline for sending the notification missed by the personnel service will lead to the fact that the “rejected” newcomer will, as if nothing had happened, work in his place, and it will become almost impossible to fire him on the initiative of the employer. An employee who has not received the employer's decision within the statutory timeframe can rightfully consider himself to have passed the test and continue to work in peace.

If by the end of the term the employee is ill or is absent for another reason, respectively, the test is extended, and the date of dismissal is postponed to the moment when the person appears at the workplace.

However, the subject can leave on his own, without waiting for the end of the probationary period. To do this, it is enough for him to submit an application to the head of the on their own... In this case, the employer does not have the right to demand work and is obliged to calculate it in 3 days.

Hiring workers for a trial period is an excellent opportunity for an employer to form a highly professional team, leaving only "battle-tested" personnel on the staff. However, ignorance or ignorance of the nuances that accompany the registration of the probationary period nullifies all the advantages of such employment. If the employer violates the procedure for passing the test, he not only will not be able to get rid of an incompetent, in his opinion, new employee, but also there is a great risk of getting problems with labor inspectorate and the administrative code.

In case of incorrect registration of the test, the former employee can appeal against the dismissal in court, and, as a rule, a decision in his favor should be expected. Often, in such disputes, the judges side with the plaintiffs and recognize them as wrongfully dismissed. The result of such a verdict is disappointing for the organization - the reinstatement of an unnecessary employee in his position and the payment of monetary compensation to him in the amount of wages during the time while he was forced to be absent from the workplace.

When a new employee is hired, employers often assign a test to assess the abilities and skills required for a particular field of activity. This condition is by all means prescribed in the employment contract. At registration for a trial period you will need to prepare various documents. The procedure consists of seven stages. Let's talk about each of them.

Stage 1. Mention in the contract

The contract is drawn up by general requirements and concluded in writing. The Labor Code obliges managers to prescribe in it a clause on the condition of hiring - passing a check for compliance with the position being replaced. At the same time, its time boundaries must be noted. In the absence of such information, the newcomer is considered to be accepted into the staff without a test.

If the employment relationship has not been formalized (the duration of the audit, the date of the beginning and end of cooperation has not been established), but the employee has begun to perform his duties, the employer must prepare all Required documents and familiarize him with their content against signature within three days.

Note that the trial period can be full or reduced, depending on the type of cooperation. At constant check lasts from three to six months, and with a temporary one - up to two weeks. The main text of the document is approximately the following.

Remember: during the trial period, the employee is subject to the norms of legislation and internal documents provided for permanent employees. Also see "".

Stage 2. Familiarization with internal rules

A newbie taken on a trial period must be familiarized with the rules of the internal work schedule... They represent a local act, which spells out the main nuances of cooperation:

• signing and terminating an employment contract;
• rights and obligations of subordinates, manager;
• work and rest regime;
• encouraged work results;
• misconduct followed by disciplinary action.

In the future, the head has the right to demand from the subject strict adherence internal regulations(Articles 21 and 22 of the Labor Code of the Russian Federation). There are no special conditions for beginners.

Stage 3. Familiarization with the collective agreement and other acts

Before signing the contract, the employee must be familiar with another almost internal document - the collective agreement (Article 68 of the Labor Code of the Russian Federation). It stipulates the domestic side of the working conditions and contains important information about the peculiarities of the payment of wages, the need for advanced training courses, health care, etc.

Front registration of a probationary period of the Labor Code of the Russian Federation obliges to familiarize the subordinate with a number of other key acts of the enterprise. They may relate to:

• confidentiality of personal data;
• securing safe environment labor activity;
• requirements for labor function(job description);
• customer service standards, etc.

The employer also has the right to draw up a document reflecting the assessment criteria. business qualities employee. These, for example, may include:

• sociability;
• conscientious attitude to duties;
• availability of the required professional knowledge;
• readiness for regular training;
• a responsibility.

Another noteworthy document is the test plan. It is reflected in internal documents or an employment contract.

Stage 4. Issue of the order

After doing the above, further registration for a trial period according to the Labor Code of the Russian Federation implies the issuance of an order for the hiring of an employee. It necessarily contains:

• date of enrollment;
• the duration of the check for compliance with the position;
• type of work;
• regime and wages;
• other information.

The Goskomstat approved the forms of such an order (T-1 or T-1a), but they can be applied at will. The firm has the right to develop its own template.

The provisions of the order must not contradict the employment contract (for example, when different numbers hiring). The content must contain information on the appointment of a temporary check. The employee must be familiarized with this document against signature no later than three days from the day when he began to carry out official assignments.

Stage 5. Employment record book

The work book is official document, which contains personal information about the activities of the citizen. Her issue and on probation... First of all, it reflects:

• seniority;
• position;
• transfers in the organization;
• facts and reasons for dismissal;
• received awards.

This document is filled in by both legal entities and merchants. To the employee who is on probation, make an entry in the labor in the Job Information section in general order. They do not put a special mark on the passage of the check. Whether it is necessary to enter such information in the future depends on the result of passing the test:

1. If it’s okay, they don’t contribute anything. The employee is officially accepted into the staff.
2. When unsatisfactory, the employer terminates the employment contract and records:

EXAMPLE
On August 4, 2016, the firm LLC “Avtomarket” took Solovyova to the position of head of the production site with a trial period of 4 months. V work book female employees make the following entry:

In case of an unsatisfactory result of passing the test and making a decision to terminate cooperation, the following information is entered:

Stage 6. Filling in a personal card

When hiring a new employee, the personnel department must enter a personal card for him (form T-2). The document contains general information about him: current position, labor activity, incentives, entitlements to benefits and more. But the question arises: whether on probation personal card?

If the period allotted for checking the suitability of the position has expired, and the employee continues to work, then he has been accepted into the state. It is not necessary to issue additional acts, orders or make changes to the personal card (Article 71 of the Labor Code of the Russian Federation).

Step 7. Logging

Whether it is possible to continue working at the enterprise depends on the results of passing the test. So registration of an employee on a probationary period implies keeping a special journal during this period of time. All subtotals are recorded in the table. It contains:

• number and name of the order;
• the time allotted for the execution of the task;
• FULL NAME. responsible person;
• the result of passing the verification time.

Memoranda are attached to the information. And at the end of the test, all completed and unfulfilled tasks are analyzed, and a decision is made on further cooperation.

When the check fails

When an employee does not cope with the tasks assigned to him or has committed serious misconduct, the contract is terminated. At the same time, the employer needs to have documentary evidence of the validity of his decision and correctly enter the information in all the types of documents we mentioned earlier.

Three important details

• The leader needs to remember: a two-week working off in such a situation is not provided. Labor Relations are terminated no later than three calendar days, otherwise there is a violation of the law on the part of the employer.

2. If the employee does not agree with the decision on the unsatisfactory results of the audit, he has the right to appeal to the court for an appeal. Then the employer must show the controlling authorities strong evidence of the legality of his actions.

• With the wrong registration of an employee on probation reinstatement of the previous position and payment of compensation for damage is possible.

3. When terminating an employment contract with a person who has not passed the competence test, you need to remember about the established restrictions. It is forbidden to fire people under social protection:

• pregnant employees;
• women raising children under 1.5 years old;
• minors.

What an employer should know

When applying for a job, it is unacceptable to set a period that exceeds the limits established by law. So, for registration of a probationary period according to the Labor Code of the Russian Federation the duration can be from 3 to 12 months (depending on the situation).

If the subordinate was absent during the probationary period, even for good reason, these days are not counted. The HR specialist automatically draws up the extension of the term in the administrative documents. It is important to comply with two conditions:

1. indicate the reason for the postponement;
2. attach copies of documents justifying the decision.

The result of passing the test depends on the developed tasks, which will show the level of success of the beginner. Therefore, they must be well thought out, clear, realistic to carry out. A situation where they can be interpreted ambiguously is unacceptable.