Establish a probationary period when accepting new employees. For how many days to check employees and how to document the procedure, read the article.

From this article you will learn

What is a probationary period?

The procedure for establishing a probationary period is regulated by Article 70 of the Labor Code. It specifies the rights and obligations of the parties. The main condition to establish a test is mutual consent, as discussed in the first part of the article. Usually there are no difficulties, since applicants agree to the conditions put forward by the employer.

There is not always the right to check an employee. Individual categories persons Otherwise, this is regarded as a gross violation of the law. Please keep in mind that a probationary period can only be established subject to long-term employment - for a period of more than two months (Article 289 of the Labor Code).

Pay attention! Count the probationary period into the period of actual work and take it into account when calculating your vacation and insurance periods. Experts at Sistema Personnel talk about how to calculate length of service.

According to parts 1 and 2 of Article 70 of the Labor Code, the condition is reflected in the contract. If a document is drawn up without the required clause, the employee is automatically considered accepted without verification. Prepare the document carefully and check the text for significant terms.

Question from practice

Nina Kovyazina answers,
Deputy Director of the Department of Medical Education and Personnel Policy in Healthcare of the Russian Ministry of Health.

The test clause does not apply to mandatory conditions employment contract. When drawing up an employment contract by agreement of the parties, you can write in it to check how the newcomer will cope with the work (). In this case, the test condition ()...

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Maximum probationary period for an employee

The duration of the check is limited. The maximum possible probationary period is 3 months for ordinary employees. If an employee works on fixed-term contract, which is concluded for a period of two to six months, the inspection lasts no more than two weeks (Part 6 of Article 70 of the Labor Code). You do not have the right when all conditions are agreed upon with the employee, as this is prohibited by labor legislation.

Based on the contract, issue an order for employment. Include it with dates, as well as a standard list of details:

• company name;
• employee personal data;
• full job title, structural unit;
• character labor activity;
• tariff rate with surcharges;
• link to the basis - in in this case for an employment contract;
• signatures of the manager and employee.

Sometimes the sequence of document preparation is violated, so an employee is allowed to perform duties earlier than the organization concludes a contract with him. In this case, the law is not violated, but the contract must be concluded within three working days from the date of commencement of work. Secure the verification condition in a separate agreement. If the contract does not have a probationary period, admission occurs as usual.

Dismissal due to failure to complete the probationary period

Entrust the assessment of the newcomer’s work performance to the immediate supervisor, mentor or special commission. If the observation results indicate that a person is qualified for the job, he is considered and continues to work. You do not need to issue additional orders or prepare other documents.

If an employee cannot cope and his competencies do not meet the established level, make a decision to fire him. Notify the employee about this no later than three days before the date of termination of the labor contract (Article 71 of the Labor Code). Draw up the notice in two copies: give one to the employee for review, and leave the second with the organization.

To avoid claims, accusations illegal dismissal, collect an extensive documentary base. Any documents that have at least some relation to the case will be useful: reports, memos, complaints and comments from clients, conclusions and acts of the commission, reports, etc. State the reasons for dismissal clearly and legally correctly.

Issue an order to terminate the TD. Indicate unsatisfactory test results as the reason for dismissal (Article 71 of the Labor Code). You are not required to pay severance pay or coordinate the decision on dismissal with the trade union. Issue on the last day work book, wages and compensation for unused vacation. . Follow the recommendations, otherwise the employee will be considered permanently employed. It is possible to terminate the employment relationship with an employee who has successfully passed the test on a general basis.

Not every person calmly takes the news of an imminent dismissal. The situation is heating up because the employer is not satisfied with the level of job compliance. Therefore, the procedure develops into an acute conflict involving the State Tax Inspectorate, the court, the prosecutor’s office and other authorities. To avoid litigation, develop a local act regulating the inspection.

Include in the Regulations information on the design, establishment of an audit, and rules for assessing performance results. List the categories of persons who are not subject to the initial test. Attach standard forms as attachments: characteristics, notifications, conclusion of the commission. Approved local rules must not contradict the norms labor legislation.

Reference: at the stage of drawing up an application for personnel selection. But this does not cancel the preparation of the Regulations.

Before employment under a probationary period, familiarize the employee with the “Regulations” against signature. If a person agrees with the points of the Regulation, the likelihood of conflict upon dismissal is minimized. Applicants who are not satisfied with the organization's routine are eliminated. This simplifies the process of recruiting loyal staff.

Conclude an employment contract without a probationary period only if you are confident in the applicant. This is usually practiced when selecting rare specialists who have extensive experience and merit. In other cases, take some time to check. Follow the rules for preparing documents to avoid fines.

The Labor Code indicates that the employer has the right to assign an applicant a test when hiring. This is necessary for verification professional qualities future employee. This does not mean that the employer is obliged 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 wages at this time it is set slightly lower than after it.

When hiring, even if there is a probationary period, the employer enters into an employment contract with the employee. The contract must indicate that the employee is accepted “with probationary period duration….” The salary that the employer is going to pay the employee during the trial must also be specified in the contract. If there is no provision in the employment contract about assigning the applicant a test when hiring, this means that the employee has been hired for vacant position without probation 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, the chief accountant or his deputy are hired, the probationary period is increased to 6 months. If a fixed-term employment contract is concluded with an applicant for a vacant position for a period of 2 to 6 months, then the probationary period cannot exceed 2 weeks. If the employee was sick or actually absent from work 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 3 years of age;
• underage workers;
• persons holding elective positions;
• persons occupying a vacant position as a result of a transfer from another employer;
• applicants who enter into an employment contract for a period of less than 2 months;
• to other persons, if this is provided for by local regulations or collective agreements.

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 passes the test, then there is no need to conclude a new employment contract with him. He continues to work under the conditions specified in the employment contract concluded upon acceptance. If the results of the test, in the opinion of the employer, are negative, then he can terminate the employment contract with the employee before the end of the probationary period.
To do this, he must warn the employee in writing about the upcoming dismissal 3 days in advance. The notice of termination must also detail the reasons. The employer must justify its decision regarding negative test results.
If the employee does not agree with the results of the test, he must also notify the employer. If he considers his dismissal illegal, he has the right to appeal to the labor inspectorate or to court. The opinion of the trade union is not taken into account in this case. The employee also has the right to terminate the employment contract with the employer if, during the test, he decides that this work It doesn't suit him for a number of reasons. To do this, he must notify the employer in writing 3 days in advance.

Probation period according to the labor code

According to established practice, a probationary period is a certain period of time during which the employer checks the suitability of the employee being hired for the position for which he is being hired.
Establishing the period required for probation is the right of the employer, but not his obligation. Therefore, if he believes that the applicant is suitable for the vacant position, he can hire him without passing the test.

The employer has the right to apply a probationary period to one or another 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 Labor Code of the Russian Federation and Art. 71 Labor Code of the Russian Federation. But this does not mean that he works on preferential or special terms. Absolutely all norms of the current labor legislation, as well as other regulations containing labor law norms, apply to it. That is, he has all labor rights and must perform all labor duties, and can also be held accountable for violating the norms of the Labor Code of the Russian Federation.
A probationary period can only be established by agreement of the parties. That is, if one party (usually 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 period must be announced. The applicant does not have to agree! But he may offer the future employer another term. When the parties come to a mutual agreement, they sign an employment contract, which specifies the duration of the tests for a specific 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 labor relationship the parties agreed that the test period needs to be changed, then they can sign additional agreement, and write this provision in it.
Based on the signed employment contract or additional agreement, an order is issued, which also reflects the duration of the probationary period. If such conditions are absent, 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 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. An employer cannot conclude a fixed-term contract on such a basis as during the probationary period, since this is not the basis for concluding a fixed-term contract. This is a violation of current legislation.

The same situation applies to wages. It should not be less than what other employees receive in a similar position and with the same work experience as the new employee. That is, the employer does not have the right to stipulate in the employment contract one amount of remuneration for the duration of the trial, and then another amount.

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

To whom the probationary period does not apply

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

• applicants who are accepted for a vacant position based on the results of a competition;
• pregnant women, with the appropriate certificate, and persons who have a child under the age of 1.5 years;
• minor applicants;
• applicants who are university graduates and who get a job for the first time within 1 year after graduation;
• applicants who are intentionally elected to a given 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 enter into 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 probationary period

The maximum duration of the probationary period, according to current legislation, is 3 months. That is, the employer does not have the right to check the professionalism of his employee beyond this period.
But there are several categories of employees 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 set tests for him for a certain period.

A probationary period of no more than 6 months is established for:

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

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

• concluding an employment contract for a period of 2 months to six months;
• working in seasonal 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 testing periods may be established. Therefore, if an employer is guided by such regulations to conduct its activities, then it must take this into account when hiring new employees.

If the probationary period is specified 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 of his employee without compelling reasons, but he has no right to increase it.
However, there are periods of work that are not included in the employee’s probationary period, that is, they actually increase the probationary period for a particular employee. These are time periods such as:

• a 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 work due to training;
• the employee's presence at community service or the performance of public duties;
• absence of an employee from his/her workplace for other valid reasons.

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

The probationary period applies to a fixed-term employment contract

You can conclude either a fixed-term employment contract with an employee or a contract with a specified duration. This point 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 such as:

• for a period of no more than 5 years;
• a worker is hired to perform a certain amount of work when exact date The completion of such work cannot be determined. This should be stated in the employment contract;
• temporary absence of another employee. An often common case is an employee’s maternity leave;
• performing 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 trial is also established by agreement of the parties, as with an open-ended contract. Apply general conditions purpose of the test. 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, then the employer cannot set a verification period of more than 2 weeks. This situation arises when an employee, for example, is hired to perform seasonal work.
If an employee is hired for a period that does not exceed 2 months, then the employer does not have the right to set a probationary period. If the employer insists on this, then he violates the basic labor rights of this employee.

Today it is very rare to find companies that do not set a probationary period for new employees to check their professional suitability. However, often neither the employee nor even the employer fully understands the meaning of the probationary period and the consequences of its establishment. Therefore, below we will talk about in what cases a probationary period can be established, what are the procedure and consequences of its establishment, and describe the main features associated with the probationary period.

When and in what order can a probationary period be established?

In accordance with Art. 70 of the Labor Code of the Russian Federation (hereinafter referred to as the Labor Code of the Russian Federation), a test when hiring is established by agreement of the parties to verify the employee’s compliance with the assigned work. Thus, the probationary period can only be fixed in an agreement between the parties, which is usually an employment contract. The test condition cannot be established by order of the employer and cannot be recorded in the local acts of the organization, which are introduced to the employee after hiring.

If, upon hiring, the employee was “not registered”, in other words, an employment contract was not concluded with him, then by virtue of Art. 16 Labor Code of the Russian Federation, according to general rule such an employee, however, is considered accepted and has all the rights in accordance with the Labor Code of the Russian Federation. Since in this case there is no employment contract, there is also no agreement on establishing a probationary period. Therefore, the employee is considered accepted without testing.

Since the probationary period is established only at the time of hiring, it cannot be established later, even by agreement of the parties. Therefore, if the employment contract concluded for hiring does not contain a record of probation, it will no longer be possible to introduce a probationary period using legal methods.

Please note that the Labor Code of the Russian Federation does not talk about a probationary period, but uses the term “test”. Therefore, in order to avoid disputes between the employee and the employer, the employment contract must indicate the establishment of a trial, and not a probationary period.

In Art. 70 and some other articles of the Labor Code of the Russian Federation indicate persons for whom probation cannot be established. Most often, this restriction applies to the following categories of persons:

• pregnant women and women with children under the age of one and a half years;
• persons who graduated from state accredited educational institutions of primary, secondary and higher education vocational education and those entering work for the first time in their specialty within one year from the date of graduation from the educational institution (we are talking about young specialists graduating from a university);
• persons invited to work by way of transfer from another employer as agreed between the employers.

Thus, even if the employment contract concluded with these persons contains a probationary condition, this condition will be invalid as contrary to the law. For these persons, the test is fundamentally unacceptable.

As a general rule, the probationary period cannot exceed three months.. For organizational leaders, chief accountants and their deputies – 6 months. It is important to note that the probationary period does not count the time when the employee was actually absent from work, for example, sick.

Consequences of establishing a probationary period

The main consequence of establishing a probationary period is possibility of simplified termination of an employment contract, both for the employee and the employer.

The simplified procedure is expressed in the fact that an “unsatisfactory test result” is sufficient to dismiss an employee during the probationary period. Although it is important to note that unsatisfactory results must be confirmed and must be attributed specifically to business qualities employee In other words, you cannot fire an employee if there are no business claims against him, but “they don’t get along.” In the latter case, the dismissal will be considered illegal. The procedure for an employee to act in case of illegal dismissal is described in a separate article.

The main evidence of an unsatisfactory test result can be:

• orders for disciplinary action,
• memos from the immediate superior about the unsatisfactory quality of work of the subordinate,
• explanatory notes from the employee himself on the facts of violations committed,
• an act drawn up based on the results of an internal audit, etc.

It is very important for the employer to have evidence that the employee was not doing his job. If an employee is late or absent, the entire procedure for bringing disciplinary action must be followed. If an employee swears obscenely at his colleagues, it is necessary to appoint service check, collect explanatory notes and draw up an act based on the results. And this should be done in every situation when the employee’s actions are not satisfactory. In court in a dispute over illegal dismissal simple words absenteeism and an irresponsible approach to work will not be enough.

Before dismissing an employee, the employer is obliged to notify him of the upcoming dismissal no later than three days in advance. The notice must indicate the reasons why the employer concluded that the test result was unsatisfactory. Only after three days from the date of notification, the employer can issue an order to terminate the employment contract, otherwise the dismissal may be considered illegal due to non-compliance with the established procedure. The dismissal order must be issued within the probationary period.

An employee can also terminate an employment contract in a simplified manner. If usually, upon dismissal at will the employee is obliged to notify the employer two weeks in advance, then while on a probationary period, the employee must notify the employer of dismissal in just three days.

By and large, the establishment of a probationary period does not entail any other consequences other than a simplified procedure for terminating an employment contract. Therefore, during the probationary period, the employee is endowed with the same rights as other employees of the organization.. In connection with the test, he cannot be given a lower salary, longer work hours, etc. The only difference with such an employee is that he can be dismissed in a simplified manner. In all other respects, he has the same rights and bears the same responsibilities as his colleagues.

Hiring employees with a probationary period has long become the norm - it is a rare case of employment today that goes without it. At the same time, it is believed that it will be easier to fire an employee after a probationary period than without it. Is this really true? Let's figure it out.

Who can set a deadline?

An employer can establish a probationary period, or, in the language of the Labor Code, a test when hiring, in relation to an employee hired by the organization (Article 70 of the Labor Code of the Russian Federation). At the same time, the Labor Code immediately establishes restrictions on the inclusion of this condition in the employment contract.

Thus, the first limitation follows from the fact that a probationary period can only be established upon hiring. This means that when already existing employees are appointed to a position (promotion, transfer, etc.), the test cannot be established. Please note: this rule also applies in cases where an employee was initially hired for a position on probation, but was transferred to another job before the end of the probationary period. In this case, the transfer simultaneously means the end of the probationary period.

In addition, the Labor Code contains a list of persons for whom, in principle, a probationary period cannot be established. It includes pregnant women and women with children under the age of one and a half years; persons under 18 years of age, as well as graduates educational institutions. True, the Code does not contain the employer’s obligation to establish these facts. This means that the employee himself must submit documents confirming that a test cannot be introduced against him. So if the employer has not received the relevant documents at the time of signing the employment contract, establishing a probationary period will be legal.

Separately, we need to focus on graduates of educational institutions. For them, the Labor Code establishes several additional conditions. Thus, the institution from which they graduated must have state accreditation, and no more than a year must have passed since graduation. In addition, the position for which the employee is hired must correspond to the specialty specified in the education document, and the employee’s work book should not contain records of work in this specialty. Accordingly, when hiring graduates, the employer needs to be especially careful and monitor whether these conditions are met or not. After all, the inclusion in a contract of a condition on a probationary period in cases where this is prohibited by law entails administrative liability up to and including suspension of the organization’s activities (Article 5.27 of the Code of Administrative Offenses of the Russian Federation).

What to do when setting up a test

Let’s assume that the employee being hired is not included in the “prohibited” list, which means that a probationary clause can be included in the employment contract with him. In most cases, everything is limited to this entry. However, with this design, there is no benefit for the employer from the probationary period - it will be almost impossible to dismiss an employee as having failed the test. But an employee can use this record if, for example, he finds better job and wants to quit quickly. Indeed, during the probationary period, the period of “working out” upon dismissal at one’s own request is not two weeks, but only three days (Article 71 of the Labor Code of the Russian Federation).

So, we found out that the probationary period should be formalized not only by an entry in the employment contract. Let's now see what documents the employer will need to submit.

The first thing to do is to reflect the condition of the probationary period and its duration in the employment order. Please note that for most employees the maximum probationary period is three months, but the employer may set a shorter period. So, if in the contract and order we have fixed a trial lasting, for example, two months, then in the future it will not be possible to extend it to three months permitted by the Labor Code without the consent of the employee. After all, the probationary period is one of the essential terms of the contract and can only be changed by agreement of the parties.

It should be noted here that many experts believe that the organization does not have the opportunity to extend the test at all, even with the consent of the employee. At the same time, they refer to the fact that the probationary period, according to Article 70 of the Labor Code of the Russian Federation, is established upon hiring. However, a careful reading of this article of the code leads to the conclusion that when hiring, it is imperative to resolve the issue of establishing a probationary period. But the Code does not require establishing the duration of the probationary period directly upon hiring. It turns out that the Labor Code does not prohibit changing the length of the probationary period after concluding an employment contract.

The second stage of establishing a probationary period will be the development of tasks for the probationary period and the conditions under which the employee will be considered to have passed the test. These documents must be handed over (or announced) to the employee against signature. We would like to clarify that both the tasks and the conditions for determining the success of their implementation must be clear, not allowing for ambiguous interpretation and subjectivity.

Further, throughout the entire period of probation, the employer is obliged to monitor the employee’s performance of these tasks and, in case of poor quality or untimely performance, promptly record these facts. To do this, you can use various acts, reports or memos. In these documents, it is necessary to indicate as clearly as possible what specific task was given to the employee, what exactly the failure was, etc. If possible, each such document should be accompanied by the task that was given to the employee and which he failed to complete.

If during the test the employee was given additional tasks, these facts also need to be recorded in writing, in memos. The task must contain a clear description of the result to be obtained, deadlines for completion and evaluation criteria. Such tasks must be handed over to the employee against a signature, indicating the date of receipt and that the essence of the task is clear to the employee.

As you can see, a real probationary period requires a rather complex formalization of the relationship between the employee and the employer. Each step must be documented in order to have irrefutable evidence in the future that the employee did not complete the probationary period, and therefore he can be fired.

Dismissal: don't miss the moment

Since we touched on the topic of dismissing an employee who has not completed the probationary period, we will dwell on this in a little more detail. The Labor Code requires that an employer who decides to dismiss an employee who has not completed the probationary period warns him about this in writing no later than three calendar days before the planned dismissal (Article 71 of the Labor Code of the Russian Federation). In this case, it is better to carry out the dismissal itself on the last day of the probationary period. The fact is that, according to the same Article 71 of the Labor Code of the Russian Federation, if an employee continues to work after the end of the probationary period, he is considered to have passed the test (from this, by the way, it follows that successful completion of the test is not required to be documented in a separate document).

Therefore, the employer needs to carefully monitor the deadlines and provide the employee with notice at least four working days before the end of the test. It must indicate the reasons why the employee is considered to have failed the test, the documents that support these reasons, and the date of the planned dismissal. This document must be given to the employee against signature, indicating the date of delivery.

Also, do not forget that special rules for calculating its length have been established for the probationary period. Thus, the probationary period does not include periods of temporary incapacity for work of the employee and other times when he was actually absent from work, including for an unexcused reason. In this case, the period itself is calculated in calendar days, that is, taking into account weekends and holidays. This means that it may well end on a non-working day. This also needs to be taken into account if a decision is made to dismiss - the day of dismissal in this case will be the last working day before the end of the probationary period, and all notifications will need to be made in advance.

Finally, do not forget that the dismissal of an employee who has not completed the probationary period is a dismissal at the initiative of the employer. This means that you cannot fire an employee while he is sick or on vacation. Accordingly, these points also need to be taken into account when preparing notices and orders of dismissal.

Probation period – 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 controversial situations, the parties must discuss the conditions for completion and registration issues.

What is a probationary period according to the Labor Code of the Russian Federation?

The regulatory basis for passing the inspection is two articles of the Labor Code:

1. №70 - "Test for employment."
2. №71 – “Result of the test when applying for a job.”

From the point of view of the law, a probationary period is the period during which the 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 agreed upon with trade unions.

A citizen on probation can also initiate 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 work process. The new staff has all the rights and responsibilities of a staff member.

Design nuances

Sometimes applicants mistakenly believe that the employer is guided only by oral agreements. In fact, in order to have the advantage of simplified dismissal, the organization has to complicate the process of recruiting personnel:

• The employment contract must contain a special clause clearly indicating the end date of the test.
• Additionally, a Regulation is drawn up, which specifies the conditions for passing the probationary period, as well as specific criteria by which the candidacy will be evaluated.
• Second copies of documents are issued to the new employee. The employee's signature is required confirming that he has been familiarized with job descriptions, regulations and internal rules.

Dismissal procedure

An enterprise has no right to refuse an employee without reason. All arguments are documented and previously agreed upon in the Regulations.

It is advisable to keep a special log during the verification period. It notes both positive and negative indicators of the candidate:

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

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

If the employer decides to fire the subject, it is necessary to prepare written notice and hand it over no later than 3 days before the deadline. The document must be accompanied by compelling reasons for refusal (at least three):

• journal entries;
• reports from immediate supervisors;
• acts of acceptance of work or goods;
• customer complaints, etc.

Within three days from the moment the employee reads the notice, the company issues a dismissal order and closes its block in the work book with the entry “due to unsatisfactory results.” In this case, 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 work and pay slips. Severance pay not paid (Article 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 your employment record

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

In this regard, many applicants are afraid to agree to a probationary period, thinking that this will ruin their work record. In fact, a record of a candidate's failure to pass the test appears only in extreme cases.

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

For example, if a candidate fails to cope with his responsibilities, the employer warns of his intention to fire him. It gives the employee the opportunity to familiarize himself with the preliminary results within 24 hours and write a statement of his own free will. In this case, the labor office is closed as usual.

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

Duration and extension of time

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

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

Both the employer and the employee have the right to interrupt the verification process ahead of schedule by giving 3 days’ notice. But neither party can extend the trial(except for situations where the subject went on sick leave).

There are cases when an enterprise, having convinced itself of the value of an employee before deadline, takes the initiative to cancel the test. If the candidate does not object, an addition to the employment contract. If the period has come to an end and no applications or notifications have been received, the person is automatically considered permanently enrolled.

Who is not eligible to offer a test?

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

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

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

Is it possible to 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 a nuisance happened during the probationary period, the procedure for registering sick leave remains normal. On the first day, you need to notify management (you can by phone), see a doctor and open a sick leave.

On the last day of illness, it is necessary to issue a certificate in the following manner:

• on a special hospital form;
• with the seals of the doctor and the medical institution;
• indicating the name of the enterprise and position (there is no need to mention the probationary period).

Upon returning to work, the person is provided sick leave to the HR or accounting department.

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

If a candidate goes on sick leave, the probationary period is automatically extended by the number of days missed.

Can wages be lower?

During the test, the candidate cannot establish a payment less than that provided for the position in the staffing table. A salary reduction based on an “internship” is considered illegal.

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

Options are allowed when an additional agreement is signed with an employee, according to which he receives only a salary, but performs only part of his duties (while he is getting used to new job). As the volume of work increases, so does the additional payment.

Is experience taken into account?

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

This also applies to new employees whose contract contains a clause on completing a probationary period. Articles 70 and 71 relate only to special conditions for expedited dismissal, but do not in any way affect the infringement of human rights.

All days of testing are included in the total length of service. The employer does not have the right to draw up a contract retroactively.

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

Video about testing candidates

The video provides details on how to correctly set a probationary period for a job applicant: