Should tests be taken into account in terms of time? Probation period according to the labor code. Basic regulatory framework

When hiring almost all employees, the employer sets a probationary period. What are the features of establishing a probationary period? How long is it in 2018? Who should not be given a probationary period? This will be discussed in this article.

What is included in the concept of “probationary period for employment”?

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

The probationary period is determined upon conclusion employment contract by agreement of the parties.

What is the length of the probationary period upon 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. Considering this fact, the employer has the right to set any size of the probationary period within the maximum:

Example:

Employee Mikhailova M.M. hired on October 15, 2017, having concluded an employment contract for a period until December 14, 2017. Probationary period under the employment contract of Mikhailova M.M. not provided.

Features when determining the duration of the probationary period

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

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

Employees not subject to a probationary period upon hiring

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

• persons elected through a competition to fill the relevant position, conducted in the manner established by labor legislation and other regulatory legal acts containing standards labor law;
• 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 with state accreditation educational programs and those entering work for the first time in the acquired specialty within one year from the date of receipt vocational education appropriate level;
• persons elected to elective positions for paid work;
• persons invited to work by way of transfer from another employer as agreed between employers;
• persons concluding an employment contract for a period of up to two months.

What can affect the length of the probationary period?

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

• period of temporary incapacity for work;
• leave without pay;
• suspension from work

Dismissal during the probationary period

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

Example:

Employee Mikhailova M.M. hired on October 15, 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, which lasted 3 months. 11/15/2017 Mikhailova M.M. wrote a letter of resignation effective November 18, 2017. The employer does not have the right to force an employee who is on probation to work for 2 weeks. probationary period.

If, upon completion of the probationary period, the employee continues his work activity, the probationary period can be considered successfully completed.

Questions and answers

1. The employer said that he does not plan to continue his employment relationship 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 an employment contract with you before the expiration of the probationary period, but his responsibility is to warn the employee about the termination of the employment contract in writing no later than three days, indicating the reasons that served as the basis for recognizing this employee as not passed the test. In your case, there is only an oral discussion, so you will have to go to work after 3 days in order to avoid troubles regarding violation of labor laws with subsequent disciplinary action.

1. I decided to quit during the probationary period. Can I expect to receive severance pay?

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

1. I am planning a transfer from one department to another within the same organization. Will I be put 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.

Recruiting and hiring a new employee for a company is often a long and labor-intensive process. As a rule, the applicant goes through several stages of interviews, often professional tests. However, even the most painstaking selection does not exclude the risk for the employer that the new employee will be insufficiently qualified or will simply be negligent in his duties. To determine how well a new employee meets the company's requirements, when hiring a new employee, it is advisable to establish a probationary period. In order to be able to evaluate a new employee and terminate the employment relationship in the event of an unsatisfactory assessment of his work, it is necessary not only to stipulate, but also to legally formalize the completion of a probationary period. Let's consider legal basis probation period established by the Labor Code (Articles 70, 71 of the Labor Code of the Russian Federation), and the most common errors when applying them in practice.

We set a probationary period

The probationary period is established to verify the employee’s suitability for the work assigned to him, and the following is important:

A probationary period can only be established for newly hired employees, that is, those who have not previously worked for the company. A probationary period cannot be established, for example, for an employee already working in the company and appointed for more high position;

a probationary period can only be established before the employee starts work. If the employer considers it necessary to provide a trial for the hired employee, then before the employee begins to perform his duties, one of the documents should be drawn up - an employment contract containing a condition on the trial, or a separate agreement providing for the use of a probationary period. Otherwise, the probationary period condition will not have legal force;

the condition for a probationary period must be contained in the employment contract, as well as in the employment order.

Moreover, the employee must confirm with his signature the fact that he has read these documents. It is not necessary to put in work book a note indicating the establishment of a probationary period.

It is important to consider that the main document confirming the existence of a probationary period is an employment contract. In accordance with the Labor Code, a probationary period is established only by agreement of the parties, and the document reflecting the mutual expression of will is the employment contract. If the condition of a probationary period is contained only in the employment order, then this is a violation of labor legislation, and, in the event of a dispute, the court will declare the probationary condition invalid.

In addition to the employment contract, the employee’s consent to a probationary period can be expressed, for example, in a job application:

The absence of a probationary clause in the employment contract, as well as actual admission to work without preliminary execution of a probationary agreement, means that the employee was hired without a trial.

The employer is obliged not only to include the test condition in the relevant documents, but also to familiarize the new employee with its labor responsibilities, job description and internal rules labor regulations. The employee confirms the fact of familiarization with his signature. This is especially important when hiring with a probationary period, since in the event of dismissal of an employee who did not complete the probationary period, the fact that he is familiar with his job duties will be important in confirming the non-compliance with the assigned work.

Often, organizations enter into a fixed-term employment contract with the hired employee instead of an open-ended contract with a probationary period. Many employers believe that by concluding a fixed-term employment contract, for example, for three months, they simplify the situation for themselves in case the employee cannot cope with the proposed work. That is, the fixed-term contract will end and the employee will be forced to leave.

However, the Labor Code of the Russian Federation establishes that a fixed-term employment contract can be concluded only in cases directly provided for by law (Articles 58, 59 of the Labor Code of the Russian Federation). In accordance with Article 58 of the Labor Code of the Russian Federation, “it is prohibited to conclude fixed-term employment contracts in order to evade the provision of rights and guarantees provided to employees with whom an employment contract is concluded for an indefinite period.” The Plenum of the Supreme Court of the Russian Federation, in Resolution No. 63 of December 28, 2006, recommended that courts pay special attention to compliance with these guarantees.

Document fragment

Thus, if the employee goes to court or the relevant labor inspectorate, the contract can be recognized as concluded on indefinite time, and without the condition of testing.

Test workers have the same rights as permanent workers

During the probationary period, the employee is subject to the provisions of labor legislation and other regulatory legal acts containing labor law norms, collective agreements, agreements, and local regulations. In practice, the application of this norm is expressed as follows:

the establishment in an employment contract of a lower remuneration for an employee during the probationary period is recognized as inconsistent with the law, since the Labor Code of the Russian Federation does not provide that the remuneration of an employee during the probationary period has any specifics. In the event of a conflict, the employee will be able to obtain the amount of underpayment in court.

From the employer’s position, this issue can be resolved different ways. For example, when concluding an employment contract with an employee, you can indicate in it as a permanent amount of payment agreed upon for the probationary period. At the end of the probationary period, sign an additional agreement with the employee to increase the amount of payment. Or adopt a provision in the organization on bonuses (additional payments), the amount of which is established depending on the length of service in the company;

During the probationary period, the employee is subject, among other things, to the rules and guarantees regarding the grounds for dismissal at the initiative of the employer. During the probationary period, an employee may be dismissed at the initiative of the administration on the grounds provided for in Article 81 of the Labor Code of the Russian Federation, but additional grounds for dismissal during the probationary period that are not provided for by law cannot be included in the employment contract, such as, for example, the possibility of dismissal due to “expediency.” "or at the discretion of management. Such language is often included in employment contracts, but is contrary to the law;

the probationary period is included in the length of service giving the right to annual basic paid leave. If an employee is dismissed after the expiration of the probationary period (or before its expiration), despite the fact that the employee has not worked for the company for six months, the employee is paid compensation for unused vacation in proportion to the time worked in the company.

Special cases

When concluding an employment contract with an employee, it is important to remember that the Labor Code of the Russian Federation excludes the possibility of establishing a probationary period for:

pregnant women and women with children under the age of one and a half years;

persons under the age of eighteen;

persons who have graduated from state accredited educational institutions of primary, secondary and higher vocational education and are entering work for the first time in the acquired specialty within one year from the date of graduation educational institution;

persons elected to elective positions for paid work;

persons invited to work by way of transfer from another employer as agreed between employers;

persons concluding an employment contract for a period of up to two months, and in other cases.

If you establish a probationary period for the above categories of employees, then this provision of the employment contract will not have legal force.

Duration of probationary period

The probationary period cannot exceed three months, and for heads of organizations and their deputies, chief accountants and their deputies, heads of branches, representative offices or other separate structural divisions of organizations - six months, unless otherwise established by federal law.

If you enter into an employment contract with an employee for a period of two to six months, then the probationary period cannot exceed two weeks. The probationary period does not include the period of temporary incapacity for work of the employee and other periods when he was actually absent from work. The duration of the probationary period is set at the discretion of the parties, but cannot be longer than established by law.

In practice, the employer often extends the probationary period during the period the employee undergoes the test agreed upon when concluding the employment contract. This is against the law. And, if the employer does not decide to dismiss the employee before the expiration of the period specified in the employment contract, the employee will be considered to have passed the test.

Note that the legislation in some cases establishes a longer probationary period compared to the established Labor Code, in particular for civil servants (Article 27 of the Federal Law of July 27, 2004 No. 79-FZ “On the State Civil Service of the Russian Federation”).

Result of the pre-employment test

The Labor Code of the Russian Federation establishes: “If the test period has expired and the employee continues to work, then he is considered to have passed the test and subsequent termination of the employment contract is allowed only for general principles" That is, if the employer considers the employee suitable for the position for which he was hired, then no additional documents are required - the employee continues to work on a general basis.

Document fragment

If the employer decides to dismiss a new employee, then a certain procedure must be strictly followed and the necessary documents must be drawn up:

notification of an unsatisfactory test result must be drawn up in writing in two copies: one for the employee, the second for the employer, and announced to the employee under his personal signature.

What to do if the employee refuses to accept the notice? In such a situation, the employer can take the following actions. It is necessary to draw up a corresponding act in the presence of several employees of this organization. Employee-witnesses will confirm with their signatures in this act the fact of delivery of the notice to the employee, as well as his refusal to certify this fact in writing. A copy of the notice can be sent to the employee’s home address by registered mail with return receipt requested. At the same time, it is important to comply with the deadlines established by Article 71 of the Labor Code of the Russian Federation - a letter of notice of dismissal must be submitted to the postal authority at least three days before the expiration of the probationary period established for the employee. date postal item determined by the date on the postmark on the receipt and the notification of delivery of the letter returned to the employer. The notice of termination of the contract during the probationary period must have all the necessary characteristics of a document, namely: date, reference number, signature of the person authorized to sign the relevant documents, as well as a seal intended for registration of documents of this organization;

In the notice given to the employee, the reason for dismissal must be correctly and legally formulated. The wording must be based on documents confirming the validity of the decision made by the employer;

Judicial practice shows that when considering disputes about dismissal due to an unsatisfactory test result, the courts require the employer to confirm the fact that the employee is unsuitable for the position held.

To confirm the employee’s inadequacy for the position held, moments when the employee did not cope with the work assigned to him or committed other violations (for example, labor regulations, etc.) must be recorded. These circumstances must be documented (recorded), if possible, indicating the reasons. In addition, it is necessary to require written explanations from the employee about the reasons for the violations he committed. From the point of view of a number of specialists, when dismissal under Article 71 of the Labor Code of the Russian Federation (due to an unsatisfactory test result), proof of the employee’s professional inadequacy for the position held is required. And if an employee violated labor discipline during the probationary period (for example, committed absenteeism or otherwise demonstrated an unfair attitude towards work), then he must be dismissed on the basis of the corresponding paragraph of Article 81 of the Labor Code of the Russian Federation.

The following documents can be accepted as documents confirming the validity of dismissal: an act of committing a disciplinary offense, a document confirming the discrepancy between the quality of the subject’s work and the accepted production standards and time standards in the organization, an explanatory note from the employee about the reasons for the poor performance of an official task, written complaints from clients.

Grade business qualities and how well an employee copes with the work assigned to him directly depends on the scope of work and the specifics of the work performed. Based on the specifics of the work, the conclusion about the test result can be based on various data. Thus, in the production sphere, where the result of labor is a specific materialized result, it is possible to clearly determine how well the work is performed; in the service sector, you can take into account the number of customer complaints about the quality of a particular service. The situation is more complicated when the work involves intellectual work. IN in this case the quality of execution of the manager’s instructions, compliance with deadlines for completing tasks, the employee’s fulfillment of the total amount of proposed work, and the employee’s compliance with professional and qualification requirements should be analyzed. The new employee’s immediate supervisor must complete the relevant documents and send them to the head of the company.

As you can see, the procedure for dismissing an employee based on test results requires a certain formality from the employer. In addition, the legislation in any case provides the employee with the right to appeal the employer’s decision in court.

It is also necessary to say about the employee’s right to terminate the employment contract: “If during the probationary period the employee comes to the conclusion that the job offered to him is not suitable for him, then he has the right to terminate the employment contract at his own request, having notified the employer in writing. for three days". This norm is important for the employee, since many potential employers It is fundamentally important to know why the applicant left his previous job so quickly.

* * *

The author believes that with the help of a probationary period, the employer can see the hired employee “in action,” and the employee, in turn, can evaluate the compliance of the proposed job with his interests and expectations. The legislation clearly defines the conditions for applying the probationary period. And since the employee in labor relations is a socially unprotected party, the Labor Code of the Russian Federation establishes a number of guarantees for workers when passing the test, and the procedure for dismissing an employee due to an unsatisfactory test result is quite formalized.

The legislation gives the employee the right to appeal in court the employer’s decision to dismiss based on the results of the test. In this case, the court will check the legality of establishing a probationary period, the correctness of execution necessary documents and employer compliance with all legal aspects. Based on this, both the employee and the employer have the right to decide for themselves on the advisability of applying and the conditions for completing the probationary period.

1 See article by A.A. Atateva “Fixed-term employment contract in a new way” on page 23 of magazine No. 2` 2007.

2 Resolution of the Plenum of the Supreme Court of the Russian Federation No. 63 of December 28, 2006 “On introducing amendments and additions to the Resolution of the Plenum of the Supreme Court of the Russian Federation of March 17, 2004 No. 2 “On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation.”

3 Clause 11 of the Review judicial practice RF Armed Forces for the third quarter of 2005 according to civil cases. The text was not officially published.

When applying for a job, there are no trifles; every nuance is important. Let's consider one of important points: how long is the probationary period at the beginning? labor activity in a new place.

Minimum and maximum probationary period according to the Labor Code

A probationary period is a period officially established by law, after which the employer decides whether to hire the selected candidate on a permanent basis. This period is given to the applicant for a certain position to demonstrate his work skills, knowledge and abilities. The agreement on the probationary period must be specified in the contract signed by the employer and the person being hired.

An employee hired on a probationary period must fulfill his job responsibilities according to instructions. Its activities are supervised by a specially appointed employee. As a rule, this is the immediate supervisor of the subject.

Interesting data

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

Termination of the probationary period before the appointed date can be initiated by the supervisor if the professional qualities of the subject are completely compromised. This option involves early acceptance of a candidate for permanent job. This is documented additionally. agreement to the current employment contract.

Termination of the employment relationship during the allotted period of the probationary period can be accomplished at the initiative of either party in a simplified manner.

The provisions on the probationary period are regulated by the Labor Code (LC) of the Russian Federation, in articles 59, 70, 71, 289. The Labor Code stipulates that the duration of the test can range from 14 days to 3 months. The exception is the length of the term for management positions.

It is worth noting some nuances regarding specific deadlines 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 pregnancy, an employee on a probationary period receives the status of a permanent employee without waiting for the end of the trial;
• concluding a fixed-term employment contract of six months or more provides for a standard trial duration of up to 3 months.

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

Probation period according to the Labor Code of the Russian Federation for management employees

Head, his deputy, chief accountant, deputy. chief accountant - these persons occupy management positions. The responsibility placed on people holding 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 probationary period when hiring for managerial positions is up to a year for government jobs. service ( The 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 certain categories of citizens applying for jobs are not subject to screening tests.
The following persons are registered 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 employed for a period of less than 2 months;
• employees who entered work as a result of transfer from another organization;
• young specialists, i.e. people who have just received a diploma of professional education. Young specialists are considered to be citizens who have received a secondary specialized diploma 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 probationary period

The probationary period may be extended for an employee who has been on sick leave or administrative leave (i.e. at his own expense) for some time during the established period. In addition, the reason for extending the trial period may be documented downtime of the enterprise.

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 new date the end of the test period. The employee must read the order and sign this document.

The order must contain the following details:

• company name or entrepreneur details
• Title of the document
• the document is assigned a number
• a justified reason for the extension is given
• the time for which the test is extended, and it must correspond to the number of missed working days
• personal data of the employee-subject
• lists documents proving the absence of work time: application for time off, sick leave and more
• the order is signed by the manager and stamped.

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

A probationary period may be assigned to an employee in order to check whether he is truly suitable for the work assigned to him. If the test results turn out to be unsatisfactory, the employer will be able to terminate the employment contract with such an employee in a simplified manner, i.e., by warning him only 3 calendar days in advance and without paying compensation upon dismissal (except for compensation for unused vacation). We talked in more detail about the dismissal of an employee who did not pass the test in a separate article. By the way, an employee of his own free will can also resign during the probationary period earlier than usual, that is, by notifying the employer not 2 weeks in advance, but only 3 calendar days in advance (Part 4 of Article 71 of the Labor Code of the Russian Federation).

Since a probationary period is given to the employer to ensure that the job is suitable for the employee and the employee can cope with it, can the employer not enter into an employment contract with the employee until the end of the probationary period?

Is there a probationary period?

Labor Relations between an employee and an employer arise on the basis of an employment contract concluded between them (Part 1 of Article 16 of the Labor Code of the Russian Federation). The employment contract is concluded in writing and drawn up in 2 copies, signed by the parties (Part 1, Article 67 of the Labor Code of the Russian Federation). In the case where the employment contract was not drawn up in writing, but the employee began work with the knowledge or on behalf of the employer, it is considered that the employment contract has been concluded. The employer is obliged to formalize it in writing no later than 3 working days from the date of the employee’s actual admission to work (Part 2 of Article 67 of the Labor Code of the Russian Federation).

The Labor Code of the Russian Federation indicates that the test condition must be provided for in the employment contract with the employee upon its conclusion. Accordingly, if there is no probation clause in the contract, this means that the employee was hired without a probationary period.

In the case where the employee actually started work without an employment contract, a probationary clause can be included in the contract (which must be concluded within 3 days) only if the parties, before the actual start of work, have drawn up a written agreement on the probationary period (Part 1, 2 Article 70 of the Labor Code of the Russian Federation).

It turns out that an employee who is provided for a probationary period by a separate agreement can work without drawing up a contract for no more than 3 working days. Further failure to conclude an employment contract with such an employee is considered illegal.

Liability for an employer who does not enter into an employment contract

If an employer does not draw up an employment contract with an employee on a probationary period, such employer may be brought to administrative liability on the basis of Part 4 of Art. 5.27 Code of Administrative Offenses of the Russian Federation. Responsibility for evasion or improper execution of an employment contract is as follows:

• a fine on the employer's officials from 10,000 to 20,000 rubles;
• fine for the individual entrepreneur from 5,000 to 10,000 rubles;
• fine for the employer-organization from 50,000 to 100,000 rubles.

According to labor legislation (Labor Code of the Russian Federation), an employer can set a certain probationary period for a new employee.

At the same time, its duration and procedure for registration are strictly regulated by the provisions of the Labor Code of the Russian Federation.

Also, the articles of the law indicate the rights of the tested employee and the procedure for dismissal during this period.

Knowledge of all legal aspects of this issue will help avoid conflict situations or even legal proceedings between the administration and the new employee.

Let us consider in more detail all the legal requirements that relate to the probationary period.

If the management of the enterprise needs time to make sure whether it is suitable new employee for the relevant position, it is necessary to comply with the hiring procedure established by law, The probationary period should not exceed the time frame specified by law..

According to the Labor Code of the Russian Federation, this period can only be appointed with the consent of both parties.

The agreement must be recorded in the employment contract or an additional agreement that is attached to it. This point must also be indicated in the registration order.

If an employee has begun to perform his duties, and the agreement on the trial period is not reflected in the employment contract or additional agreement. agreement, it is considered that the period has not been established.

It is worth noting that mention of such a period only in the order to hire a new employee has no legal force.

It is also unlawful to include this clause in the main or additional clause. agreement after the employee has already begun to perform his duties.

The work book does not indicate information about the probationary period..

Trial period

The law does not provide for minimum values ​​for a special period, but the maximum probationary period for employment is strictly defined.

Depending on the terms of the employment agreement and the professional category of the employee, it may have a different duration:

• in standard cases, when concluded open-ended contract– no more than 3 months;
• for senior managers, their deputies, ch. for an accountant, the permissible duration has been increased to 6 months;
• for durations less than 60 days, testing is not provided;
• for fixed-term agreements from 2 to 6 months no more than 14 days;
• For contracts executed for a period of more than 6 months, standard conditions apply, which are indicated in the first paragraph of the list.

Thus, labor law clearly defines what probationary period should be established when hiring.

The period does not include time when the employee did not perform his duties (sick leave, vacation).

In other cases, the employer cannot independently extend the probationary period.

When the administration is completely satisfied with the employee hired, the probationary period can be reduced at the initiative of the employer.

The law does not provide for mandatory notification of a new worker about successful completion of the test.

After this period, if the new employee continues to work, he is considered to have successfully passed the professional test.

Recruitment testing period

In some cases, the law prohibits establishing a verification period jobs for new employees.

An employment contract with a probationary period cannot be concluded with the following categories of applicants:

• with pregnant women;
• with persons who previously worked at the enterprise and transferred to a new position;
• with minors;
• with women who have children under one and a half years old;
• with specialists who entered work within the first year after graduation;
• with employees who, by agreement with management, transferred from other organizations.

Pay during the probationary period

During the entire period when a new employee is being tested, he has the same rights and responsibilities as other employees of the enterprise.

That is, he must comply with internal regulations and adhere to the rules of labor discipline. See more about species disciplinary sanctions.

It is also subject to labor law norms, local acts, etc.

That is, in relation to such an employee, all guarantees must be observed, including social benefits. plastic bag. Therefore, the employer is obliged to pay sick leave in full.

Passing a test at the beginning of work at an enterprise cannot serve as a basis for establishing lower wages.

If this norm is violated and in the event of a conflict, the employee can claim the amount of underpayment through the court. See more details about the procedure for filing a claim in court.

During the test, the employment agreement can be terminated at the initiative of the employer or employee.

In this case, both one and the other party must notify 3 days in advance.

In the application to terminate the contract at his own request, the employee is not required to indicate the exact reasons for his decision. Also there is no need for preliminary two-week training.

In this case it is 3 days. The rest of the application form is the same as for permanent employees enterprises. Within three days from the date of notification, the enterprise must pay the quitter the money earned and compensation for unused vacation.

In cases where termination of an agreement occurs at the initiative of management, the employer must have evidence on the basis of which such a decision was made.

That is the notice must indicate clear reasons for the conclusions about the employee’s non-compliance enterprise requirements.

The document is given to the employee for signature. If necessary, it includes annexes that justify such a decision.

These may be copies of reports, acts, orders, explanatory notes, protocols of test or exam results. Read more about the types of disciplinary sanctions.

In case of refusal to receive notification, an act is drawn up in the presence of witnesses. If an employee does not agree with the announced results, he can petition the court or the labor inspectorate.

In general, the Labor Code quite precisely regulates all aspects relating to documentation and passing the probationary period. And in order to avoid conflict situations, the employer and employee only need to know the relevant regulations.

Frequently asked questions about the probationary period when hiring

Is it possible to extend the probationary period of an employee?

On practice there is indeed a legal possibility to extend the trial period employee. Days when the employee did not fulfill his official duties for any reason (illness, time off, etc.) are not included in the period constituting the probationary period.

If such a situation arises, it is necessary to document the extension of the probationary period, since the dates specified in the order and in the employment contract will not coincide with the actual date of completion of the probationary period.

To do this, an order is issued to extend the probationary period, which refers to a document that confirms the employee’s absence from his workplace during the probationary period.

Is the probationary period considered completed if the employee is transferred to the probationary period?

According to Art. 70 Labor Code of the Russian Federation When concluding an employment contract, by agreement of the parties it may contain a condition is provided for testing the employee in order to verify compliance with the assigned work.

It should be noted that labor legislation does not provide grounds for recognizing an employee as having passed the test ahead of schedule, and the only basis for recognizing an employee as having passed the test is the expiration of the test period.

If the test period has expired and the employee continues to work, then he is considered to have passed the test (part three of Article 71 of the Labor Code of the Russian Federation).

Article 72.1 of the Labor Code of the Russian Federation, which establishes the rules for transfer to another job, does not talk about changing any other conditions of the employment contract, except for the condition on the place of work or the condition on the labor function.

Thus, after transfer to another job, the probationary condition continues to apply until the expiration of the probationary period.