Trial period under the contract. Recommendations for registration of a probationary period with a fixed-term employment contract

Probation - handy tool preliminary assessment. The employer gets the opportunity to check the selected employee, his professional and personal qualities. And the applicant will have time to take a closer look at the new place: the conditions, the team and the availability of further prospects.

In order for the trial period to be productive and not cause disputes, the parties must discuss the conditions for passing and registration issues.

What is a probationary period under the Labor Code of the Russian Federation

The regulatory framework for passing the test is two articles of the Labor Code:

1. №70 - Testing for employment.
2. №71 - "The result of the test when applying for a job."

From a legal point of view probation- this is the period during which an employer can dismiss an employee under a simplified scheme: there is no need to detain the employee for two weeks, plus the decision to dismiss does not need to be coordinated with the trade unions.

A citizen who is on probation can also be the initiator of early termination of cooperation. Both parties are required to give 3 days notice of their decision. In all other aspects, the passage of the trial period is no different from the normal workflow. The new staff has all the rights and obligations of a staff unit.

Design nuances

Sometimes job seekers mistakenly believe that the employer is guided only by verbal agreements. In fact, in order to have the benefit of a simplified termination, an organization has to complicate the process of hiring personnel:

• The employment contract must contain a special clause with a clear indication of the end date of the test.
• In addition, a Regulation is drawn up, which spells out the conditions for passing the probationary period, as well as specific criteria by which the candidate will be evaluated.
• The second copies of the documents are issued to the new employee. The signature of the employee is required, confirming that he was familiarized with the job descriptions, standards and internal rules.

Dismissal procedure

The company does not have the right to unjustifiably refuse an employee. All arguments are documented and pre-agreed in the Regulations.

During the verification period, it is desirable to keep a special log. It notes both positive and negative indicators of the candidate:

• implementation of plans;
• compliance with job instructions;
• facts of violation of discipline (for example, being late or smoking, if this is prohibited by internal regulations);
• conflict (complaints of colleagues), etc.

The employee has the right to be interested in the content of the book and ask clarifying questions to the curator.

If the employer decides to dismiss the test subject, a written notice must be prepared and served no later than 3 days before the deadline. The document must be accompanied by strong reasons for refusal (at least three):

• log entries;
• reports of immediate supervisors;
• acts of acceptance of works or goods;
• customer complaints, etc.

Within three days from the moment the employee gets acquainted with the notification, the enterprise issues a dismissal order and closes its block in the work book with the entry “due to unsatisfactory results”. At the same time, a reference to Article 71 of the Labor Code of the Russian Federation must be indicated.

On the last working day, the employee is given his labor and settlement. severance pay not paid (art. 71 part 2).

Legally, the listed actions are sufficient to remove all claims from the enterprise and prevent litigation.

How to avoid an unpleasant entry in the labor

The main advantage of a probationary period for an organization is the ability to quickly eliminate a negligent employee if the production process suffers because of it. After all, it is not always possible to understand in advance whether a person is qualified enough for a particular position, even after a long and thorough interview.

In this regard, many applicants are afraid to agree to a trial period, thinking that this will ruin their work book. In fact, the record that the candidate failed the test appears only in extreme cases.

Practice shows that usually all disagreements are resolved peacefully. To do this, the parties stipulate the nuances in advance and fix them in the Regulations.

For example, if a candidate does not cope with his duties, the employer warns of his intention to fire him. It gives the employee the opportunity to get acquainted with the preliminary results within 24 hours and write an application for own will. In this case, the labor office closes in the usual manner.

This state of affairs is beneficial to the entrepreneur himself, as it frees him from additional formalities.

Duration and extension

The end date of the test is clearly stated in employment contract and has its limitations:

• The standard probationary period may be two weeks to three months.
• The employer has the right to establish more long time(up to six months) for chief accountants and senior positions.
• The review period cannot exceed two weeks for employees hired on a temporary or fixed-term contract. If the contract is concluded for a period of less than two months, the test is not appointed at all.
• Civil servants, as well as persons appointed to responsible government vacancies, may be tested during the year.

Both the employer and the employee have the right to interrupt the process of passing the test ahead of schedule, after warning 3 days in advance. But neither party can extend the trial(with the exception of situations when the subject went on sick leave).

There are times when an enterprise, convinced of the value of an employee ahead of schedule, takes the initiative to cancel the test. If the candidate does not object, an addition to the employment contract is drawn up. If the deadline has come to an end, and no applications or notifications have been received, the person is automatically considered to be enrolled in the state on a permanent basis.

Who are not eligible to be tested

The most important condition of the probationary period is the consent given by the applicant. In addition, there are preferential categories:

• women in position or with children under 1.5 years old;
• minors;
• young professionals who graduated from educational institutions according to their profile and proposed their candidacy in the first year after receiving a diploma;
• applicants who have passed the test of the competition;
• employees who entered the translation company;
• seasonal workers who have signed a contract for a period of up to 2 months.

The listed persons are not offered a probationary period. An exception is the employment of civil servants. In these cases, special categories may be assigned verification period up to three months.

Can I take sick leave?

According to the Labor Code of the Russian Federation, employees, regardless of whether they work on a permanent basis or not, have all social rights. This also applies to compensation payments for temporary disability.

Anyone can get sick. If such trouble happened during the probationary period, sick leave stays the same. On the first day, you must notify the management (you can call), consult a doctor and open sick leave.

On the last day of illness, you must issue a certificate properly:

• on a special hospital form;
• with the seals of a doctor and a medical institution;
• indicating the name of the enterprise and position (it is not necessary to mention the probationary period).

Upon returning to work, a person is given sick leave to the personnel or accounting department.

Compensation is calculated according to the minimum wage system or on the basis of salary certificates at previous jobs for the last two years.

If the candidate went on sick leave, the trial period is automatically extended by the number of days missed.

Can wages be lower?

During the test, the candidate cannot establish a pay less than that provided for a position in staffing . Pay cuts justified by "internship" are considered illegal.

If an employee fulfills his duties in full, in addition to his salary, he is also entitled to allowances and bonuses provided for by the enterprise (for example, for the implementation of the plan).

Variants are allowed when an additional agreement is signed with an employee, according to which he receives only a rate, but performs only part of his duties (while he is mastering new job). As the amount of work increases, so does the surcharge.

Does experience count?

According to Article No. 16 of the Code of the Russian Federation, an agreement must be concluded with an employee admitted to perform work at an enterprise. During the first five days, an appointment order is issued and an entry is made in the work book.

This also applies to new employees, in whose contract there is a clause on the passage of a probationary period. Articles 70 and 71 deal only with special conditions for accelerated dismissal, but do not affect the infringement of human rights.

All test days are included in the total experience. The employer does not have the right to draw up a contract retroactively.

Whatever the final results of the probationary period, whether a person remains in the organization or not, he has the right to official employment and the use of all the rights provided for by the Labor Code of the Russian Federation.

Candidate test video

On the video - in detail how to properly set a trial period for a job seeker:

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 the professional qualities of the 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 puts the job seeker in front of the fact that there is a probationary period, and wages for this time are 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 the labor inspectorate or to the court. The opinion of the trade union this case 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 work doesn't work 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, apply to it. labor law. That is, he has all labor rights and must fulfill all labor duties, and can also be held accountable for violating 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 labor relations the parties came to an agreement that the test period needs to be changed, then they can sign an additional agreement and write this provision in it.
On the basis of a signed employment contract or 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 fixed-term contract. This is a violation of the current legislation.

The same position 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 new employee is issued for a period of 2 months to six months, the employer cannot set an inspection 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.

Job search, as well as recruitment, is a laborious process. Even if the vacancies meet the requirements professional quality candidate, and the proposed work is completely suitable for this specialist, there are no guarantees that the cooperation will necessarily be successful and long.

How long can be set?

Employment for a trial period allows you to determine the possibilities for further cooperation. According to this period, different occasions be different. There are the following options:

No more than 2 weeks;

Trial period 3 months (or less);

Up to six months;

Up to one year.

At the same time, the shortest duration is provided when an urgent contract is concluded (up to six months). In addition, this applies to seasonal workers. For them, a trial period of 2 weeks can be established, but no more.

However, it usually takes longer. In most cases, the trial period lasts up to 3 months. The Labor Code of the Russian Federation indicates that it can end by agreement of the parties or earlier, but not later. A period of 6 months can be set, for example, for the head of the company, its representative office, branch, chief accountant, as well as their deputies.

In what cases is employment for a trial period for the longest time carried out? For example, when an employee enters the civil service. How long is the trial period in this case? Up to one year. However, if an employee is transferred to a new place from one state body to another, then the maximum time is six months.

Categories of employees for whom a probationary period cannot be established

The rules listed above do not apply to all potential employees. There are categories of workers for whom a probationary period cannot be established (the Labor Code of the Russian Federation indicates the relevant cases). These are pregnant women, candidates under 18, employees with whom the contract is for 2 months or less. Another case - if the candidate for work entered the competition. In addition, this category includes former students who have received a higher, secondary or primary education and who have taken up a position in their specialty for the first time. Also, hiring for a trial period is impossible for disabled people who were sent to this position based on the results of a medical examination. Another category is specialists who were invited to this place in the order of transfer to another employer. The last two cases are if the candidate is elected to an elective position, and also if he is retired from service (alternative, military).

Why is a trial period necessary?

Employment for a trial period upon taking up a position is introduced not only for a future employee, but also for an employer. Both sides during this period have the opportunity to look at each other and understand whether to continue cooperation. During the test, the employer evaluates business qualities, the ability of the employee, his communication skills, the ability to carry out orders with high quality, compliance with the position held, compliance with the rules established in the company, as well as discipline. During this period, the employee makes a conclusion about the company, about his position, salary, responsibilities, management and team.

How is work paid during the probationary period?

For an employee who is at the probationary stage, it applies in full. Therefore, if the company stipulates in the contract that this period will not be paid, this is a clear violation of Russian law. In addition, many employers in our time deliberately set a lower salary for the test subject, promising to increase it later. The following can be said about this.

Firstly, an employee who is at the probationary stage cannot be limited in remuneration. His rate should not be less than that provided for this position in the staffing table. Secondly, a company that reduces the salary during the trial period falls under such an article as discrimination. In the staffing of a company, for example, there are two rates of a purchasing manager. The first is occupied by an old employee, and a new person was invited to the second with the passage of a probationary period. In this case, from the first day of work, a novice must have no less salary than a worker who has worked for several years in a similar position as an employee.

Legal way to set a lower salary during the probationary period

Nevertheless, almost all companies set a lower salary for employees during the probationary period. This can be done quite legally by changing, for example, the salary of employees for the position of a novice in the staffing table. However, it should be remembered at the same time that its size should not be lower than the minimum wage.

A specialist on probation may be paid a bonus, as well as other incentive payments, which are prescribed in the regulation on remuneration and bonuses. The employer is also obliged to pay the subjects overtime, sick leave, going to work on holidays and weekends.

Making a probationary period

A probationary period is required. You need to conclude with the employee labor contract, and the order to hire an employee is issued on the basis of it. These documents indicate the duration of the test period. The entry “hired for a probationary period” is not entered in the work book, it only notes that the employee has been hired.

Probation period extension

It is not forbidden to increase it, however, only if the duration of the probationary period does not exceed the norms established by law. For example, if initially it is 1 month, and after this period the employer still has doubts about the suitability of the candidate for this position, the trial period can be extended to 3 or up to 6 months, if we are talking about the vacancy of the head of the branch, chief accountant.

Without the consent of the employee, it is impossible to increase its duration. Therefore, the employer must justify the decision to extend the probationary period.

The need for a written fixation of the facts of violation of labor discipline by an employee

Untimely performance of tasks by an employee, his mistakes, violation labor discipline should be documented, and if there are leaders, then they should be attached. Facts witnessed in this way should be given to the officer for review. For confirmation, he must put his signature. If the employee agrees with the shortcomings in the work, then an employment contract is made, and the probationary period is increased. If the employee believes that the claims against him are unfounded and does not give his consent for an additional period, dismissal is allowed, which must be based on written irrefutable evidence.

Rights and obligations that an employee has during the probationary period

They are no different from those that other employees working in this company have. A specialist registered for a probationary period has the following rights:

Receive salary, bonuses, salary supplements for overtime work, as well as other incentive payments;

Take a sick leave, on the basis of which to receive insurance payments for the time of disability;

Quit at any time own initiative(it is not necessary to wait until the end of the trial period);

Take a weekend at your own expense or on account of a future vacation; however, the employer in this case may refuse to leave on legal grounds, if this does not contradict the Labor Code of the Russian Federation, Article 128: for example, if an employee has a child, then he should be given time off without pay for up to five days.

The duties of an employee are as follows:

Comply with internal regulations, fire and labor discipline;

Comply with the terms of the contract;

Perform job duties in accordance with the job description.

Dismissal of an employee who has not passed the probationary period

First of all, a notice should be prepared in advance for the employee in writing, in which it is necessary to indicate the reasons why further cooperation is impossible. They must be documented. This may be an act of disciplinary action, about non-fulfillment by the employee job duties, written complaints from clients who interacted with the specialist, or, for example, the minutes of the commission meeting, in which the outcome of the probationary period was determined, etc. The notice also indicates the date of the planned dismissal and the preparation of the document. It is made in duplicate (for the employee and for the employer).

The next step is to give the employee this notice, no later than three days (and preferably 4) before the end of the trial period or the date of his planned dismissal (if the decision to terminate the contract was made much earlier than the end of the trial period). Note that if this is not done on time, the employee will automatically be considered to have passed the test.

The next step is to familiarize employees with the notification and sign it with the date. If those who have not passed the probationary period refuse to sign, the employer draws up a special act. It must be signed by at least 2 witnesses.

The next step is that on the day of dismissal, the employee receives a salary for the days he worked, a work book and compensation for unused vacation, if any.

Termination of the contract by decision of the employee

If the specialist independently decides to terminate the contract before the end of the probationary period, the employer should be warned about this. He must write a letter of resignation, indicating the reason "on his own initiative", and then the contract is terminated under this article. While probationary employees are required to notify their employer of their desire to leave two weeks in advance, an employee undergoing probation must notify him only three days in advance.

Cases in which dismissal is not possible

It should be noted that the dismissal of employees who have not passed the probationary period is equated to their dismissal precisely at the initiative of the employer. Therefore, it is necessary to familiarize yourself with the Labor Code of the Russian Federation before dismissing a specialist who is on probation (Article 81). For example, an employer does not have the right to fire a pregnant woman or a woman raising a child under 3 years old. If he is unable to work or is on vacation, he is also prohibited from being removed from office.

Who benefits from a trial period?

It benefits both the employer and the employee. Thanks to the trial period, the company can make sure that the candidate has professionalism, or start looking for another specialist. And the worker, in turn, will be satisfied with his new place or will begin to look for another. Thus, neither the company nor the specialist will waste additional time looking for another candidate or a new job.

If you are offered to pass a test when applying for a job, do not rush to refuse, fearing that they want to use your skills for free. Learn about the pros and cons of this period, the legal nuances of its passage.

When selecting a promising employee for a vacant position, the head of the enterprise has the right to set a test period for the newcomer, during which the applicant must prove that he can cope with the assigned duties.

The employer will learn skills that can not always be identified during the interview:

• professional suitability;
• discipline;
• teamwork skills;
• the ability to self-organize;
• initiative.

What does the hired person get? It turns out there are a lot:

• adaptation in the team;
• time for familiarization with job responsibilities;
• choice - stay or leave;
• practical experience, especially valuable for young professionals who do not have experience.

To prevent a few weeks from turning into bad memories, it is enough to know the basic legislative principles. The Labor Code of the Russian Federation clearly regulates the rules for issuing a probationary period (Articles 70, 71, 72). Let's consider them further.

Employment contract for a trial period

Perhaps it will be news to you that the employer does not single-handedly appoint the verification period - only with the consent of both parties. The decision is fixed in the employment contract or supplementary agreement.

An order for an enterprise to register an employee must also contain an indication of acceptance for a test period (with start and end dates). If the decision is not reflected in one of these documents, it means that the term has not been legally established!

It is also considered unlawful to include a clause on the verification time in the document of the main or additional agreement already when the hired person has started work.

Remember, a contract for a given period of time is mandatory! But an entry about him in the work book is not made.

Maximum probationary period for employment

The minimum for which a trial period can be concluded is not legally defined. The maximum varies depending on the position and the duration of the relationship with the employer.

• The standard experimental term when concluding a contract for more than six months or indefinitely is 3 months.
• With an agreement from 2 to 6 months. - no more than 14 days.
• For management and accountants, the verification time is 6 months. The same term is established for employees transferred from one state body to another.
• The maximum trial period (up to 1 year) is allowed by law to be established for applicants entering the civil civil service.

But the trial period for (up to 2 months) is not established.

Interestingly, on its own initiative, the employer can reduce the number of test days by designating a separate item in the company's charter, but not increase it. But there are nuances that allow to officially extend the test. More about them.

Probation period extension

The manager can extend the verification period if the trainee:

• took time off at his own expense;
• went on sick leave;
• took advantage of the vacation.

In these cases, the extension is documented by a separate order. It specifies the reason for the extension, indicates new date endings.

If during the interval allotted for verification, the employee was transferred to another position, the test for him continues until the date specified in the agreement.

Remember, time off, sick leave, and vacation during the approbation period do not count! But there is good news for citizens who are interested in the question of whether the probationary period is included in the vacation. Yes, this period is taken into account.

Paying an employee

The rights and obligations do not differ from other employees - to comply with the charter of the enterprise, to job descriptions and not violate internal order.

The employer provides the subordinate with a social package and guarantees. Has the right to reward or fine the subject, to issue reprimands or thanks.

Sick leave, overtime and work at the request of management on weekends and holidays are required to be paid.

Often, interns complain that during the test they receive wages less than other employees in a similar position, and some even share their bitter experience that they were not given money and were fired after working off.

Salary during the probationary period should not be less than that of persons with the same responsibilities. Although the employer has the right to introduce an additional position of an intern at the enterprise, then the salary is set not lower than the minimum wage according to the laws of the Russian Federation.

All disagreements and conflict situations, which can be challenged in court.

Termination, interruption of labor relations

The best option is the approval of the job applicant. If the trial period has ended and the trainee continues labor activity, he is considered to be enrolled in the state on a general basis (Article 71 of the Labor Code of the Russian Federation).

What if something didn't work?

Termination of the employment contract is possible at the initiative of one of the parties. The period of familiarization with the position does not end ahead of schedule, the condition for its termination is the end of the term. That is, you can’t just say: “You don’t suit us!” Everything must be documented.

The relevant party must confirm the notice of refusal to provide a workplace in a written application three days before leaving. The employee does not work for two weeks.

The manager dismissing the subject must present to the latter the facts of inconsistency with the declared position (indicated in the notification). The signature of an employee familiar with the reasons is required.

The notification document also indicates the date of the planned dismissal and compilation. There should be two copies - for each side.
Now the employer has three days to pay wages and compensation for unused vacation.

To avoid disputes arising from time frames, the employer must know the following:

• If you do not notify the employee of your unwillingness to continue cooperation 2 days before the end of the trial period, then it will automatically be considered successfully completed.
• , is equated to a similar one at the initiative of the employer. Study article 81 of the Labor Code of the Russian Federation before announcing the decision to a specialist.
• If an employee is unable to work or is on vacation, dismissal is not possible.

In case of refusal to sign the notification, the employer draws up an act and certifies with the signatures of two witnesses. Disagreement with the conclusions of the head and the dismissal of the subject can prove in court or labor inspectorate by submitting an appropriate application.

Who does not apply

The law prohibits the appointment of a probationary period for the following groups of employees:

• pregnant women;
• transferred to a new position within the enterprise;
• women raising children under 1.5 years old;
• minors;
• passed through the competition;
• young applicants employed within a period of up to 1 year from the date of graduation;
• employees transferred to a similar vacancy from other enterprises, hired to an elective position (in the state apparatus or local governments) at a rate.

By the way, the employer is not entitled to not hire, as well as to fire a pregnant woman or the mother of a child under the age of one and a half years - but more on that in.

In order to verify the suitability of an employee for the assigned work, the employer may provide for a probation clause in the employment contract. About how long such a test can be and about persons for whom a probationary period cannot be established, we will tell in our consultation.

Probation period for employment

The maximum probationary period under the Labor Code is 6 months. But a test of such duration may not be established for all employees, but only for heads of organizations and their deputies, chief accountants and their deputies, heads of branches, representative offices or other separate structural divisions of the organization. In other cases, the maximum total testing period for employees is 3 months (part 5, article 70 of the Labor Code of the Russian Federation).

A special probation period is established for employees with whom an employment contract is concluded for a period of 2 to 6 months. The maximum duration of the probationary period for employment in this case is 2 weeks (part 6 of article 70 of the Labor Code of the Russian Federation).

Please note that if the employment contract does not contain a probation clause, it is considered that the employee has been hired without probation.

And if the employee was actually allowed to work without an employment contract? Recall that when the employee is actually admitted to work, the employer is obliged to draw up an employment contract with him in writing no later than 3 working days (part 2 of article 67 of the Labor Code of the Russian Federation). In this case, it is possible to include a test condition in the employment contract only if the parties have drawn it up in the form of a separate agreement before starting work (part 2 of article 70 of the Labor Code of the Russian Federation).

If an employee does not want to undergo a probationary period, which the employer insists on, then an employment contract with such an employee is not concluded.

Please note that even with the consent of the employee, the employer does not have the right to establish a trial period of a longer duration than is allowed by the Labor Code of the Russian Federation and federal laws. On the other hand, within the maximum duration of the probationary period, the employer may set any period or refuse to test the employee at all.

How is the probationary period calculated?

The period for which the employee is put on probation is calculated from the day the work began and includes only the periods during which the employee actually worked. If the employee was absent from work (for example, he was on sick leave or on vacation at his own expense), the specified time does not count towards the test period (part 7 of article 70 of the Labor Code of the Russian Federation). That is, in fact, the probationary period is extended.

Who is not eligible for probation?

The employer is not entitled to establish a probationary period, in particular, for the following categories of persons (part 4 of article 70, part 1 of article 207 of the Labor Code of the Russian Federation):

• pregnant women;
• women with children under the age of 1.5;
• persons invited to work in the order of transfer from another employer;
• persons who received secondary professional education or higher education according to state-accredited educational programs and for the first time coming to work in the received specialty within 1 year from the date of graduation;
• persons who have successfully completed apprenticeship, when concluding an employment contract with the employer, under the contract with which they were trained;
• persons under the age of 18;
• persons concluding an employment contract for a period of up to 2 months;
• persons elected by competition to fill the relevant position.

Recall that the employee who is being tested is subject to the provisions of labor legislation and other regulatory legal acts containing labor law norms, collective agreement, agreements, local regulations of the employer (