What is a probationary period and what is it for? The procedure for establishing a probationary period when hiring.

The employer establishes a probationary period for almost all employees when hiring. What are the features of establishing a probationary period? How long will it last in 2018? Who is not allowed to have a probationary period? This will be discussed in this article.

What is included in the concept of "Probationary period when applying for a job"?

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

The probationary period is determined when concluding an employment contract by agreement of the parties.

How long is the probationary period for hiring?

According to labor legislation (Article 70 of the Labor Code of the Russian Federation), the maximum size of the probationary period is determined, but the minimum is not determined. Given this fact, the employer has the right to establish any size of the probationary period within the maximum:

Example:

Employee Mikhailova M.M. hired on 15.10.2017, having concluded an employment contract for a period up to 14.12.2017 Probationary period by an employment contract Mikhailova M.M. not provided.

Features in determining the duration of the trial period

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

Categories of workers	Maximum trial period	Normative act
A citizen or civil servant when appointed to a civil service position, the appointment and release from which are carried out by the President of the Russian Federation or the Government of the Russian Federation	from 1 month to 1 year	Article 27 Federal Law of July 27, 2004 No. 79-FZ "On the State Civil Service of the Russian Federation" (as amended)
A citizen or civil servant, when appointed to a civil service position, who previously served in the civil service of the Russian Federation	from 1 to 6 months
A citizen or civil servant when appointed to a civil service position by way of transfer from another state body	from 1 to 6 months
Persons recruited for the first time in the prosecutor's office, with the exception of persons recruited for the first time in the prosecutor's office within one year from the date of graduation from the educational organization	6 months	Art. 40.3 of the Federal Law of 17.01.1992, No. 2202-1 "On the Prosecutor's Office of the Russian Federation"

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

Workers not subject to a probationary period when hiring

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

• persons elected through a competition to fill 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 under state accredited educational programs and are applying for a job for the first time in their specialty within one year from the date of obtaining a vocational education of the corresponding level;
• persons elected to an elective position for a paid job;
• persons invited to work by transfer from another employer as agreed between employers;
• persons who conclude an employment contract for up to two months.

What can affect the length of the trial period?

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

• period of temporary disability;
• unpaid leave;
• suspension from work

Dismissal during the probationary period

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

Reason for termination of an employment contract	Termination of an employment contract
In case of an unsatisfactory test result by an employee	The employer, prior to the expiry of the test period, warns the employee about the termination of the employment contract in writing no later than three days in advance, indicating the reasons that served as the basis for recognizing this employee as having failed the test. Termination of an employment contract is carried out without taking into account the opinion of the relevant trade union body and without payment of severance pay.
During the trial period, the employee came to the conclusion that the job offered to him was not suitable for him.	The employee has the right to terminate the employment contract of his own free will, notifying the employer about this in writing three days in advance

Example:

Employee Mikhailova M.M. hired on 15.10.2017. During the period of work, the employee realized that she was not satisfied with the work and decided to quit during the probationary period, the duration of which was 3 months. November 15, 2017 Mikhailova M.M. wrote a letter of resignation since November 18, 2017.The employer has no right to force an employee on probation to work for 2 weeks.

If, at the end of the probationary period, the employee continues to work, the probationary period can be considered successfully completed.

Questions and answers

1. The employer said he had no plans to continue working with me after the probationary period, but my probationary period ends in 2 days. Do I understand correctly that after 3 days I may not go to work?

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

1. I made the decision to quit during the probationary period. Am I eligible for severance pay?

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

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

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

When hiring a new employee, the employer risks to a certain extent: the vacancy for which the candidate is applying involves the performance of certain functions that require the employee's skills, professional knowledge and experience, and the actual level of qualifications of the employee may not correspond to them. Russian laws help companies and organizations to minimize risks by giving the employer the right to hire new employees for a trial period. During this period, the employee demonstrates the level of his professionalism and compliance with the place, and based on the results of the assessment of labor activity, a decision is made to accept him into a permanent state or to terminate labor relations with him.

Definition

The Labor Code defines a probationary period as a time period set by the employer to check the professionalism of the newly hired employee, his personal qualities as an employee, competence and compliance of the entire set of employee characteristics with the position he holds.

The test is not strictly mandatory: the law says that its establishment is a right, but an obligation, and an employer who wants to accept a person with a probationary period must obtain his consent to this. The length of the test period is also prescribed in the laws. These norms are governed by certain rules that are binding on any organization.

What does the Labor Code of the Russian Federation say

Articles 70-71 of the Code provide legislative provisions related to the trial period. But it should be remembered that a person, even admitted to the company for a probationary period, has other rights listed in the TC. The provisions of others concerning labor law, laws and by-laws also apply to the subject. Consequently, such an employee has the entire range of rights (and with them responsibilities) regulated by the Labor Code, and is responsible for his actions.

Probationary period and employment contract

As follows from the above, a test can only be established if both parties agree. The lack of consent of one of the parties, as well as concealment from one of the parties to the agreement of the fact of establishing a trial period, is a gross violation of the law. In a situation where the parties agreed to a trial period and determined its duration, this fact is indicated in the contract and is confirmed by the signatures of the parties. If the contract does not say anything about the probationary period, the person is considered taken to the post without any trials.

The clause on the probationary period is optional, that is, the parties have the right to change its conditions by agreement. But these changes must comply with certain rules: the deterioration of the employee's position is unacceptable, all his rights under the Labor Code and other laws governing labor relations must be observed. There are times when a person starts his professional duties, but the contract has not yet been drawn up. In such cases, the established probationary period is drawn up in a separate paper, as an additional agreement, before the employee begins to exercise his duties.

In addition to the employment contract, the point of the probationary period is reflected in the order of the administration on the admission of a newcomer to the position. The order can be issued only after the parties have signed an agreement, in which the paragraph of the probationary period has not been forgotten either. If it is not in one of the documents, the establishment of the period is invalid, and the specialist is immediately enrolled in the staff on an ongoing basis.

When the test fails

The Labor Code defines situations when workers are taken to a vacant position without setting a probationary period for them.

The test is not assigned:

• those who were taken on a competition to fill a vacant position;
• pregnant women, as well as mothers caring for babies up to one and a half years;
• adolescents under the age of 18;
• graduates of state-accredited universities, if they get a job for the first time in their specialty and in the period up to a year from the date of graduation from the institute;
• those who have been elected to the office;
• employees who came to work from other companies after being transferred;
• temporarily employed persons (working under a contract for no more than 2 months);
• in other cases determined by laws.

How long is the term

The law determines the maximum possible duration of the probationary period: it cannot be more than three months. Certain categories of persons can be set different terms, since the law delimits its duration for a number of positions. So, a test period of no more than six months is supposed to:

• heads and deputy heads of companies and enterprises;
• heads of branches, departments, representative offices of companies and structural divisions of institutions;
• chief accountants and their deputies.

A maximum of 2 weeks of the term is set for seasonal workers, and for those with whom an agreement is concluded from 2 months to six months. A 3-6 month period is set for civil servants who are recruited for the first time or transferred to the civil service. Other terms are also possible, determined by individual Russian laws.

Is it possible to extend the trial period

As mentioned above, the TC defines a maximum duration of 3 months, and the parties must give their consent to this, and the clause on the term is included in the contract. The manager is not entitled to extend the test, but can shorten it, if necessary and justified.

The period does not include:

• temporary disability (going on sick leave);
• the time when the employee is on an unscheduled, unpaid leave;
• going on leave for study reasons;
• periods when a person performed state and public duties;
• other periods of absence from work.

The test does not include all periods of the person's actual absence from work. When the employee returns and takes up duties, the countdown is restored.

Termination of employment relationship

If the manager considers that the results of the probationary period are unsatisfactory, according to the law, he has the right to dismiss the employee. But it is important to remember that this action must also be performed by agreement between the employer and the employee.

To terminate the contract ahead of schedule, you need:

1. Have the clauses on the probationary period prescribed in the employment contract.
2. Officially warn the employee about dismissal. The law sets the deadline: three days before termination.
3. The probationary period shall not expire at the time of termination.

A warning is made in writing, listing all legal norms and grounds for expelling an employee from the state. Article 71 of the Labor Code establishes the right of the employee himself to resign early. If the employee considers that, for some reason, the position held does not suit him or is unacceptable, he must notify the employer in writing about his desire to terminate the contract, also 3 days in advance.

When the parties have decided to terminate the contract, the employer issues a dismissal order, but it is issued during the period when the probationary period is relevant. When the order is issued, the company must complete a full settlement with the former employee in three working days.

Documenting a successful / unsuccessful trial period

The decision on the success or failure of the employee to pass the test is made by the employer. If a decision is made about the success of the candidate for the position, no additional action is taken. A person simply continues to fulfill his duties on the conditions specified in the employment contract, this is not additionally formalized. An employee is added to the staff automatically.

The situation will be somewhat different if the employer considers that the candidate has failed the test. In such a case, management has the legal right to dismiss the employee. But this decision must be supported by evidence and properly reasoned.

Evidence includes:

1. Description of the employee, compiled by the head of the organization in writing. The document describes and lists the qualities of a person both as a person and as an employee, assesses his knowledge of the regulations of labor activity. In the description, the manager makes a conclusion about the employee's ability to perform professional activities. The employee must be introduced to the characteristic, and he puts his signature under it.
2. Feedback on the passage of the probationary period by the newcomer. The document is written by the immediate supervisor (it can be a foreman or a foreman, the head of a unit and other leading persons). The review lists observations of the candidate's work, conclusions about the results of his work, comments and possible suggestions.
3. Disciplinary action imposed on the employee and confirmed by the relevant order.
4. Report, which refers to the inadequate level of performance, or complete non-performance of labor duties.
5. A disciplinary offense confirmed by an act or a committed offense.
6. Explanatory, in which the employee sets out the reasons for the poor-quality performance of his tasks and functions or their complete non-performance.
7. Other protocols, notes and acts. They record violations by the employee of the terms of the employment contract, poor-quality performance of work or complete failure to perform labor duties.

An employee who fails the probationary period is dismissed according to a special procedure, which includes certain stages:

1. At the first step, according to part 1 of Art. 71 of the Labor Code, the employee is notified of dismissal in writing. The notification document is made in paper form, it indicates the grounds and reasons for which the employee is dismissed. Proof of the employee's unsatisfactory performance is attached to the notification. Having received the notification, the employee is obliged to sign for each copy, one of which remains for him, and the second is transferred to the organization. A situation is possible when the employee refuses to put his signature. In this case, an act is drawn up, which fixes that the employer has complied with all the legal requirements for the employee.
2. In the second step, a resignation order is issued. When a decision is made to dismiss an employee, documentary evidence of his official inconsistency has been collected, the company's management issues an order according to which the employment contract is terminated. The order must be issued no more than 3 days before the expected date of dismissal.
3. Next is the settlement with the employee. On the last day of the employment contract, all due payments must be made to the employee.
4. Handing out a work book. On the last day, the dismissed person is issued a work book, this fact is recorded by the person's signature in the accounting book.

Salary during the trial period

Labor law states that employees on probation and officially hired have all the same rights as permanent employees of the organization.

The Labor Code does not indicate that those who pass the test are entitled to any specific amounts of payments that differ from the salary of those who work permanently in a particular position. Accrual and payments are carried out in accordance with the law and under the terms of the employment contract. If the contract provides for a lower salary for the probationary period, which does not comply with the norms of the law, then the employee can collect the money through the court that he did not receive as a result of such actions of the employer.

In the course of the employment relationship, the company and the employee may have various disagreements on the amount and procedure for paying salaries. To resolve these issues, the law provides for several ways:

• the size of the probationary salary is fixed in an agreement signed by both parties. A specific amount must be indicated for the test period clearly specified in the contract;
• when the probationary period ends and the employee successfully passes it, a decision is made to continue performing his work duties, and the organization concludes with its already permanent employee an additional agreement to the contract, which prescribes an increase in salary;
• throughout the enterprise or in its individual structural divisions, a regulation is developed and issued, which fixes the procedure and conditions for bonus payments, as well as other allowances and incentives that depend on the achievements of employees and their length of service at the enterprise.

If the employee leaves after the end of the probationary period, the company settles with him on a general basis, in accordance with the requirements of the law. The employee is paid:

• full salary due under an employment contract;
• payment of funds for the employee's unchecked vacation (if any).

Severance pay is not paid to an employee who leaves after the expiration of the probationary period.

Temporary disability and probationary leave

The law guarantees every employee, no matter whether he works on a permanent basis or on a probationary period, the right to leave and sick leave. The employer cannot deny his employee the exercise of these rights, even if the trial period has not yet expired.

If an employee goes on sick leave, this fact must be confirmed with a certificate of incapacity for work. The document is issued by the medical institution to which the employee applied for help after the treatment was completed. At the same time, as mentioned earlier, the time spent on sick leave does not count towards the probationary period.

A sick employee is entitled to compensation payments for incapacity for work. Their size is determined based on the length of service of the employee and his average salary.

When leaving, the employee has the right to receive payments for the vacation that he did not have time to use. This right is enshrined in law. In this case, it does not matter whether the person leaves during the probationary period, or after its completion. It should be borne in mind that an employee who passed the probationary period could not work a full year in any way. When calculating vacation compensation for him, the number of days / months worked is taken as a basis.

Rules for calculating the period of work:

• periods of less than half a month are excluded from the calculation;
• if the terms cover more than half a month, then such a period is rounded up to a whole month. That is, 2 months and 16 days, for example, are rounded to three.

The probationary period is legislatively introduced and is designed to optimize the relationship in the field of work between the employer and the new employee. In order to minimize possible problems and disagreements, it is extremely important to timely and correctly draw up all relying personnel, financial and other documents. And then, if the whole procedure is carried out correctly, the probationary period will serve to establish long and productive relationships between the participants in the labor relationship.

To determine the actual knowledge and skills of a candidate when applying for a job, it is not enough to present recommendations from previous jobs, education documents, etc. The company has the opportunity to learn the qualities and skills of an employee by including a probationary period in the employment contract when applying for a job. Several articles in the Labor Code of the Russian Federation are devoted to this period.

represents the period during which the employee performs the work provided for by his job descriptions, and the employer finds out, based on the employee's actual results, whether he is suitable for him or not.

At this time, all parties can terminate in a simplified manner. Basically, during the test, the employee is supervised by a responsible person who checks his work and draws up a report on this.

On the other hand, during this period, the employee gets the opportunity to get to know his employer better, get acquainted with the new job, and in case of an unsatisfactory grade, leave. Labor law stipulates that a probationary period at work can only be introduced by agreement between the employee and the firm.

According to the current provisions of the law, the test at hiring is introduced for a period of 2 weeks to 3 months. The probationary period for the chief accountant and managers, their deputies and other positions can be up to 6 months.

At the same time, for persons entering the civil service, it is allowed to set its duration within 1 year. The maximum probationary period for employment under an employment contract concluded for a period of two to six months should not exceed two weeks.

The administration of the company can terminate the trial ahead of schedule if the employee shows that he meets the requirements and is able to perform this work. To do this, the company must additionally conclude an agreement with the employee to the current contract.

After the expiration of the probationary period, if no objections have been received from the parties to the employment relationship, the employment agreement is considered to be drawn up on a general basis.

Who Can't Establish a Test

It cannot be entered when applying for a job:

• Pregnant candidates;
• Female workers with children under 1.5 years of age;
• Young professionals who have just received a certificate or diploma of vocational education;
• Employees hired by transfer from other employers;
• Persons under the age of 18;
• Candidates selected as a result of a competition for a position;
• Chosen for a selectable position.

Test period for hiring not established when imprisoned for a period of less than 2 months. You also need to remember that you cannot enter a trial period for already working employees.

Registration procedure

The test condition must be included in the concluded labor contract with the employee, while it is necessary to determine the exact duration of the test or the dates of its start and end. The test must be reflected in the order for hiring an employee. It is desirable that the statement also contain a condition about this.

If, nevertheless, this period was provided only in the order, then it is considered that the employee is registered for work without a trial period. This organization will be confirmed by the court, in case of contacting there on a labor dispute.

When an employee starts work without signing a contract, a condition on a probationary period in this document can only be made if there is a preliminary agreement between the parties, concluded in writing before performing job duties.

Having signed the contract, the employee must also familiarize himself with signature. Then he must be provided for reading the internal regulations, job descriptions with a list of responsibilities. Here the employee must also put his signatures. This is especially important if he has to be fired for failing the test.

Information about the preliminary test is not entered in the work book.

Amount of wages for the test period

Very often employers set a reduced wage for a trial period. This, according to the norms of the law, is a gross violation of the rights of the employee. Remuneration for a specific position is determined based on the staffing table. When hiring an employee for a pre-agreed position, the firm must provide an appropriate salary.

Being on probation does not make any exceptions for this, the norms of labor law operate in a general manner.

Can I take sick leave

Having issued an employee for work with a probationary period, the company is obliged to provide his social insurance in accordance with the general procedure. That is, if he provides a certificate of incapacity for work during the test period, the company must pay for it. Therefore, an employee can safely turn to doctors for medical assistance. Only they can ask for a certificate from the place of work in order to correctly fill out the supporting document.

However, according to the Labor Code of the Russian Federation, the period when the employee is on sick leave is excluded from the duration of the probationary period. That is, when an employee leaves, the period for checking him at work will be extended by the number of days of illness.

Dismissal on probation

The main difference between the probationary period and ordinary work is the simplified procedure for terminating the employment agreement between the parties.

According to general rules, in order to fire an employee during the test, the organization must notify him in writing about this at least three days before the date of dismissal.

However, here you need to be very careful with such wording of the dismissal as “did not pass the preliminary test”. To use it in the company, you need to appoint a responsible person who will check the subject, record his successes and shortcomings in a special journal. At the same time, it is imperative to familiarize the checked employee with these records against signature. If the company does not arrange everything as it should be, the subject in the court can appeal the decision to dismiss.

The legislation also provides for how to quit an employee on probation if he is not satisfied with the working conditions, the job itself, and the wages. He does not have to wait two weeks, as in a normal job. It is enough for the employee to notify the employer in writing in the form of a letter of resignation three days before the expected date of dismissal.

When applying for a job, there are no trifles; any nuance is important. Let's consider one of the important points: how long the probationary period lasts when starting work in a new place.

Minimum and maximum probationary period under the Labor Code

A probationary period is a period officially established by law, after which the employer decides whether to hire a selected candidate on a permanent basis. This period is given to the applicant for a certain position to show his labor skills, knowledge and skills. The agreement on the duration of the trial must be stipulated in the contract signed by the employer and the person hired.

An employee hired for a probationary period must perform his job duties in accordance with the instructions. Its activities are supervised by a specially appointed employee. As a rule, this is the direct supervisor of the subject.

Curious data

According to statistics on the question "How long was your probationary period?" the respondents' answers were distributed as follows: 25% one or two months; 23% two weeks-month; 16% for several days; 14% two to three months; 9% a week or two; 9% a week; 4% from three to six months.

The termination of the probationary period before the appointed date can be initiated by the head if the professional qualities of the subject are fully tripled. This option assumes the early acceptance of a candidate for a permanent job. This is documented by add. agreement to the current employment contract.

Termination of labor relations during the allotted period of the probationary period can be made at the initiative of either of the parties in a simplified manner.

Probationary provisions are regulated by the Labor Code (LC) of the Russian Federation, in Articles 59, 70, 71, 289. TC stipulates that the duration of the test can be from 14 days to 3 months. An exception is the length of the term for senior management positions.

Some nuances should be noted regarding the specific terms of the trial period:

• when concluding an employment contract for a period of less than 2 months, a probationary period is not provided;
• when applying for seasonal work lasting from 2 months to six months, the duration of the test period should be no more than 14 days;
• upon the onset of pregnancy, an employee on probation receives the status of a permanent employee, without waiting for the end of the trial;
• the conclusion of a fixed-term employment contract of six months or more provides for the standard duration of the test - up to 3 months.

You should know that the probationary period for employment, according to the law, is the time of actual work, therefore, it is included in both vacation pay and insurance experience. The periods of absence of an employee at the workplace (including due to temporary disability) are not counted in the trial period.

Probationary period according to the Labor Code of the Russian Federation for executives

Head, his deputy, chief accountant, deputy. chief accountant - these persons occupy the positions of management. The responsibility placed on the people in these positions is great. Therefore, the length of the probationary period is much longer than that of others (part 5 of article 70 of the Labor Code). The maximum test period for hiring for managerial positions is up to a year for state. service (Federal Law on Civil Service No. 79-FZ) and up to 6 months - in other organizations.

List of persons for whom the Labor Code does not provide for a probationary period

Russian legislation establishes that some categories of citizens applying for a job are not subject to a screening test.
The following persons are issued without a trial period:

• pregnant women;
• women who have a child under 1.5 years old;
• citizens who are not yet 18 years old;
• persons who are employed for a period of less than 2 months;
• employees hired as a result of transfer from another organization;
• young professionals, that is, people who have just received a diploma of acquiring vocational education. Young specialists are considered citizens who have received a diploma of secondary specialized or higher education, within a year from the date of its receipt;
• employees who have already passed the competition to fill this vacant position;
• persons elected to an elected position.

The rules for establishing a probationary period are well described in the video.

Extension of the duration of the probationary period

The trial period can be extended for an employee who, during a specified period, was on sick leave or on administrative leave for some time (that is, at his own expense). In addition, the documented downtime of the enterprise may become the reason for the extension of the trial period.

The duration of the test is extended by the total time the candidate is absent from the workplace, but no more. Extension of the test is stipulated in a special order, which indicates the reason for the extension, and indicates a new date for the end of the test period. The employee must be sure to familiarize himself with the order and sign this document.

The order must contain the following details:

• name of the company or data of the entrepreneur
• Title of the document
• the document is assigned a number
• provides a reasonable reason for the extension
• the time for which the trial is extended, and, moreover, it must correspond to the number of missed working days
• personal data of the employee-test subject
• lists of documents proving absence during working hours: an application for time off, sick leave, and more
• the order is signed by the head and stamped.

If you have questions about the probationary period under an employment contract, leave them in the comments

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 according to general requirements and is 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 inspection, 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 the necessary 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. With a permanent check, it 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 newcomer taken on a trial period must be familiarized with the internal labor regulations. 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 strict adherence to internal rules from the subject (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 everyday aspect 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;
• ensuring safe working conditions;
• requirements for the labor function (job description);
• customer service standards, etc.

The employer also has the right to draw up a document reflecting the criteria for assessing the employee's business qualities. 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 should not contradict the employment contract (for example, when different hiring numbers are put down). 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

A work book is an official document that contains personal information about a citizen's activities. 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. In the work book of the employee, the employee makes 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: position held, work activity, incentives, rights to benefits and much 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 terminate no later than three calendar days, otherwise the employer violates the law.

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.

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