Dismissal during a probationary period at the initiative of the employer. Dismissal during a probationary period To whom and when is probation imposed?

To check the employee’s suitability for the work assigned to him, a probationary period may be included in the employment contract. We talked in ours about the maximum duration of a probationary period, as well as about the categories of persons who cannot be placed on probation.

Successful completion of the test does not require any documentation. The employee simply continues to work in the position for which he was hired. Can they be fired during a probationary period?

An unsatisfactory test result gives the employer the right to dismiss the employee “under the article”. However, an employee can resign during the probationary period on his own initiative. Dismissal during the probationary period at the initiative of any party labor relations has its own characteristics. We will talk about them in this material.

Dismissal during a probationary period at the initiative of the employer

If the test results were found unsatisfactory, the employer can terminate the employment contract with the employee without taking into account the opinion of the trade union (if it was created) and without paying severance pay (Part 2 of Article 71 of the Labor Code of the Russian Federation). How to fire an employee during a probationary period? The main thing here is to follow a certain procedure.

The employment contract with an unsuitable employee must be terminated before the expiration of the probationary period. In this case, no later than 3 days before dismissal, the employer must warn the employee in writing about the upcoming termination of the contract. We gave an example of notifying an employee of dismissal. The notice of dismissal of an employee on probation must indicate the reasons why the employee was found to have failed the test. We talked about the criteria that an employer uses when making decisions about the results of an employee’s test in a separate article.

Based on the employer’s decision to dismiss the employee, a dismissal order is issued, which the employee must sign. On the day of termination employment contract the employer is obliged to give the employee work book, other documents related to the work, as well as make the final payment (including paying compensation for unused vacation) (Part 1, 4, Article 84.1 of the Labor Code of the Russian Federation).

How to make an entry in the work book about the dismissal of an employee during a probationary period? There is a special article for dismissal during a probationary period of the Labor Code of the Russian Federation. This is part 1 of article 71 of the Labor Code of the Russian Federation. That is, in the work book you need not only to provide a link to this article, but also to decipher that the dismissal is made due to failure to complete the probationary period (Part 5 of Article 84.1 of the Labor Code of the Russian Federation). The wording in the work book will look like this (clauses 15, 18 of the Rules):

“The employment contract was terminated due to unsatisfactory test results, part one of Article 71 of the Labor Code Russian Federation»

Such an employee can appeal the employer’s decision to dismiss an employee due to an unsatisfactory test result in court (Part 1 of Article 71 of the Labor Code of the Russian Federation).

Dismissal during a probationary period at the initiative of the employee

Is dismissal allowed? at will on probation? As we indicated, an employee can be dismissed during a probationary period at the initiative of the employer. And to the question “Is it possible to quit during a probationary period” the answer is also affirmative. After all, the Labor Code of the Russian Federation does not limit the employee’s right to dismissal on his own initiative. Moreover, dismissal during the probationary period is simplified for an employee.

How can an employee resign during a probationary period? If during the probation period the employee realizes that the job is not suitable for him, he turns to the employer with a free-form application in which he asks to terminate the contract at his own request. At the same time, you need to notify the employer about dismissal, if the probationary period has not yet expired, not 2 weeks, but only 3 calendar days before dismissal (Part 4 of Article 71 of the Labor Code of the Russian Federation).

When can you quit during a probationary period? An employee can resign during a probationary period at any time. The Labor Code of the Russian Federation does not establish a minimum period that an employee must work. However, it must be taken into account that a resignation letter must be submitted at least 3 days in advance and this period begins to run from the day following the day the employer receives the application.

Regardless of whether the employee resigns during the probationary period or at any other time, a single entry is made in the work book. If you dismiss at your own request during the probationary period, you must write it down in your employment record (clause 3, part 1, article 77, part 5, article 84.1, clauses 14, 15 of the Rules, approved by Government Decree No. 225 of April 16, 2003 , clause 5.2 of the Instructions, approved by Resolution of the Ministry of Labor dated October 10, 2003 No. 69):

“The employment contract was terminated at the initiative of the employee, paragraph 3 of part one of Article 77 of the Labor Code of the Russian Federation”

The Labor Code of the Russian Federation does not prohibit an employer from dismissing an employee at his own request, even if the employee has not passed the test. After all, it is unlikely that an employee would want to have a record of dismissal due to unsuitability in his work book. If the employer does not mind, the employee can submit a resignation letter of his own free will. But here it is important for the employer to take into account compliance with deadlines and possible risks. After all, for example, such an employee may withdraw his resignation letter at his own request, and the employer may no longer have time left to comply with the dismissal procedure under Part 1 of Art. 71 Labor Code of the Russian Federation.

It is also important to remember that an employer cannot dismiss an employee undergoing testing if such an employee is on sick leave or on vacation (Article 81 of the Labor Code of the Russian Federation). But on his own initiative, an employee can quit during these periods.

Searching for a job, as well as recruiting personnel, is a labor-intensive process. Even if the job requirements are met professional quality candidate, and to this specialist The proposed work is completely suitable, there are no guarantees that the cooperation will necessarily be successful and long-lasting.

What deadline can be set?

Hiring for a probationary period allows you to determine opportunities for further cooperation. According to this period, this period may be different in different cases. The following options exist:

No more than 2 weeks;

Probation 3 months (or less);

Up to six months;

Up to one year.

At the same time, the shortest duration is provided when a fixed-term contract is concluded (up to six months). Moreover, this applies seasonal workers. A probationary period of 2 weeks may be established for them, but no more.

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

In what cases is hiring carried out for a probationary period for the longest period of time? For example, when an employee enters the civil service. How long does the probationary period last in this case? Up to one year. However, if an employee is transferred to a new place from one government agency in another, the maximum time is six months.

Categories of employees for whom a probationary period cannot be established

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

Why is a probationary period needed?

Hiring for a probationary period upon taking up a position is introduced not only for the future employee, but also for the employer. During this period, both parties have the opportunity to take a closer look at each other and understand whether cooperation should continue. During the test, the employer evaluates business qualities, the employee’s abilities, his communication skills, the ability to carry out assignments efficiently, suitability for the position held, his compliance with the rules established in the company, as well as discipline. During this period, the employee draws a conclusion about the company, his position, salary, responsibilities, management and team.

How is work paid during the probationary period?

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

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

Legal way to set a lower salary during the probationary period

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

A specialist on a probationary period may be paid a bonus, as well as other incentive payments that are specified in the regulations on remuneration and bonuses. The employer is also obliged to pay the subjects overtime, certificate of incapacity for work, going to work on holidays and weekends.

Registration of a probationary period

A probationary period is required. An employment contract must be concluded with the employee, and an order to hire the employee is issued on the basis of it. These documents indicate the duration of the test period. The work book does not include the entry “hired for a probationary period”; it only notes that the employee was hired.

Extension of probationary period

It is not prohibited to increase it, but only if the duration of the probationary period does not exceed the norms, established by law. For example, if initially it is 1 month, and after this period the employer still has doubts about the candidate’s suitability for this position, the probationary period can be extended to 3 or 6 months, if we're talking about about the vacancy of a branch manager, chief accountant.

It is impossible to increase its duration without the employee’s consent. Therefore, the employer must justify the decision to extend the probationary period.

The need for written recording of facts of violation of labor discipline by an employee

Late performance of tasks by an employee, his mistakes, violation labor discipline should be documented, and if there are managers, then they should be attached as well. Facts certified in this way should be handed over to the employee for review. To confirm, he must sign. If the employee agrees with the shortcomings in the work, then the employment contract is added, and the probationary period is increased. If the employee believes that the claims against him are unfounded and does not give his consent to an additional period, dismissal is allowed, which must be based on written irrefutable evidence.

Rights and obligations that an employee has during the probationary period

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

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

Take a sick leave certificate, on the basis of which you can receive insurance payments during your period of incapacity;

Resign at any time on your own initiative (it is not necessary to wait until the end of the probationary period);

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

The employee's responsibilities are as follows:

Comply with internal regulations, fire and labor discipline;

Comply with the terms of the contract;

Perform job duties in accordance with the job description.

Dismissal of an employee who has not passed the test period

First of all, you should prepare a notice in writing for the employee in advance, in which you need to indicate the reasons why further cooperation is impossible. They must be documented. This could be an act of disciplinary action, an employee’s failure to fulfill job duties, written complaints from clients who interacted with a specialist, or, for example, minutes of a commission meeting in which the outcome of the probationary period was determined, etc. The notice also indicates the date of the planned dismissal and drawing up a document. It is made in two copies (for the employee and for the employer).

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

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

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

Termination of the contract by decision of the employee

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

Cases in which dismissal is not possible

It should be noted that the dismissal of employees who have not completed the probationary period is equivalent to their dismissal precisely at the initiative of the employer. Therefore, it is necessary to familiarize yourself with the Labor Code of the Russian Federation before removing a specialist undergoing a probationary period from his position (Article 81). For example, an employer does not have the right to fire a woman who is pregnant or raising a child under 3 years of age. If he is incapacitated or is on vacation, he is also prohibited from being removed from his position.

Who benefits from a probationary period?

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

When the job search has been successfully completed, the resume has been approved, the interview is over, and all that remains is to start working, the applicant often must pass the last test - undergo a probationary period. This is the period provided for by law when the employer can evaluate the qualities of the employee and decide for himself the issue of long-term cooperation with him. And he, in turn, will try himself in a new place and decide whether the proposed working conditions are suitable for him. If the parties are dissatisfied with each other, they can separate according to a simplified procedure in a short time.

Is it legal to be relieved of duty while undergoing probation?

The Labor Code of the Russian Federation states that the testing period is not too different for an employee from any other working time. Chapter 21 of the Labor Code of the Russian Federation explains that an applicant undergoing verification has equal rights and responsibilities with a permanent employee.

Differences between dismissal of a subject and general grounds:

• warning 3 calendar days in advance (instead of the usual 2 weeks);
• after the expiration of the probationary period, immediate release without service is possible;
• if at the end of the verification period the employee continues to work, this means that he has passed the test and from that day on is a permanent employee, protected by all points of the Labor Code without reservations.

So, the employer, of course, has the right to dismiss an employee at any time during the probationary period, and the reasons may be identical to those accepted for permanent employees.

IMPORTANT! The clause on the equal rights of employees also applies to remuneration: according to the law, it cannot be set in smaller amounts, citing a probationary period. However, you can get around this limitation by fixing the salary and bonuses separately in the contract, or by officially raising the salary based on the test results.

"We don't owe you anything anymore"

Receiving a turnaround from the employer during the testing period, the unsuccessful employee has the right to all payments due to him by law:

• salary for the period of employment (the total length of service of the employee is taken into account);
• payment by sick leave(if this happened);
• compensation for unused vacation days (2.33 vacation days are counted for each working month). A month is considered worked if the employee was employed for 15 or more calendar days.

ATTENTION! Vacation compensation must be paid even if the person did not have time to work for the 6 months required to go on vacation for the first time.

With this form of dismissal, it is not necessary to demand payment of severance pay.

What funds are entitled to be withheld from an employee upon dismissal?

Tuition fee. If, during the tests, the applicant was trained at the expense of the company, which is reflected in the clause of the employment contract and/or in a special apprenticeship agreement, then sometimes full or partial tuition fees may be withheld from the dismissed person. According to Article 249 of the Labor Code of the Russian Federation, by undergoing training at the expense of the employer, the employee thereby gives an obligation to work for a certain period in order to compensate for the costs, usually until the end of the testing period. If the dismissal occurs earlier, then the former employee may be deducted payment according to the days not actually worked.

Fines. A priori, an employee on a probationary period cannot be fined, since the very meaning of this period is to determine the suitability of his future position and ability to cope with his duties. In situations that threaten a permanent employee with a monetary fine, the person undergoing the test will receive a reprimand or be fired, as the employer decides.

Reasons for possible dismissal during the probationary period

Many people mistakenly believe that it is easy to fire a person during a test by simply expressing such a desire. An employee can leave without explaining the reasons for his decision, but the employer must have compelling, documented reasons provided for by law. They are the same for all employees:

• inadequacy of the applicant for the position provided, insufficient quality of the work performed - clause 2 of Article 40 of the Labor Code of the Russian Federation (must be documented);
• inability to perform fully professional responsibilities due to changes in health status - the same point;
• breaking the rules internal regulations, job descriptions, discipline requirements - clause 3 of Art. 40 (there must also be confirmations);
• unexcused reasons for absenteeism - clause 4 of article 40;
• showing up at the workplace drunk or under drugs – clause 7 of Article 40;
• criminal offenses – clause 8 of Art. 40.

Who cannot be fired during the probationary period

The law provides for special categories of citizens who should not be subject to checks during official employment. The following cannot be placed on a probationary period and, accordingly, dismissed under Article 71 due to failure of the test:

• pregnant women and those with young (up to 1.5 years of age) children;
• persons who have not yet turned 18 (officially, according to the law, employment can be obtained from the age of 14);
• applying for a specialized position in the first year after graduation;
• persons who were selected on the basis of a competition;
• invited from another organization;
• seasonal workers with less than two-month contracts.

Risks of the probationary period for the employer

Usually people are more afraid of going through a probationary period wage-earners, after all, dismissal under the relevant article (namely, Article 71 of the Labor Code of the Russian Federation), when a person did not pass the test of activity, is very unpleasant. The provisions of the law are largely aimed at protecting employees as a more vulnerable category. However, for the employer there are a considerable number of “pitfalls” that threaten legal proceedings, troubles with labor inspectorate and other problems.

Possible employer mistakes

1. Oral employment contract, deferred execution

   If the employee began to perform his duties with the knowledge of the employer, then a formal agreement with a clause on the existence of a probationary period must be concluded no later than 3 days. If this is not done, then the employee is formally considered hired without passing the test and can only be fired in the usual manner (Part 2 of Article 67).

   IMPORTANT INFORMATION! An agreement on a probationary period is allowed to be drawn up before drawing up an employment contract, and then a clause about it can be legally included in this document later.

2. Unreasonable reasons for dismissal

   When dismissing an employee on his own initiative, the employer must set out the reasons in writing. If the employee does not agree with them, the owner must be ready to provide documentary evidence:

   • customer complaints (written);
   • reports from the curator or other employees;
   • certificates on the quality of work performed;
   • recording absenteeism;
   • offense records;
   • a log of individual assignments for the testing period with recorded unsatisfactory results, etc.
3. Lack of awareness of the person being hired

   When challenging the dismissal, a negligent employee may plead ignorance of his responsibilities and accepted rules. Therefore it should become general rule Before employment, acquaint the applicant, against receipt, with the rules of work, job description, and safety requirements.

4. Violation of initial agreements

   The employer does not have the right to unexpectedly change the conditions specified in the employment contract (salary amount, time of testing, its conditions, etc.).

   IMPORTANT! It is necessary to ensure the correctness of the wording in necessary documents. Thus, an agreement on a probationary period is valid only when included in the employment contract. In addition, the combination “probationary period” is generally accepted, however, in legislative acts the term “test assignment” is fixed, and changing it can be qualified as an infringement of the employee’s rights.

5. Compliance with the dismissal procedure

   The notice of dismissal must be signed by an employee who is familiar with it on time, and if he refuses, a special document is drawn up - an act certified by two witnesses.

So, in order to properly part with an unsatisfactory job applicant during or after the completion of the probationary period, you need to strictly monitor compliance with the formalities labor legislation.

As a rule, work activity in a new place begins with. During this period, the employer can initiate the dismissal of the employee, and the employee has the right to leave work. In any case, dismissal during the probationary period must be carried out in accordance with all the rules discussed in this article.

Is it permissible to be fired during the probationary period?

A probationary period is a period during which the employer can identify and evaluate the professional qualities of hired employees. The terms of the probationary period are specified in the employment contract, which should be carefully studied before signing. During this time period, the parties to the transaction must evaluate the feasibility of continuing the employment relationship.

The issue of organizing a probationary period is regulated by the provisions of Article 70 of the Labor Code of the Russian Federation. The duration of this time period is specified in the contract and is also reflected in the order for employment.

However, it is unacceptable to establish a probationary period for the following categories of citizens:

• women during pregnancy;
• women raising children under the age of one and a half years;
• citizens under eighteen years of age;
• graduates of higher and secondary professional educational organizations(if you get a job in your specialty within a year after receiving your diploma);
• people hired for positions as a result of a competition;
• people appointed to office as a result of elections;
• people who were hired as a result of a transfer (by invitation) from a similar position from another company;
• citizens with whom an employment agreement has been concluded for a short period (up to two months).

Thus, answering the question about being on probation, we can say no. This is due to the fact that, according to the law, women in this position are not allowed to have a verification period.

To confirm his status, the hired employee must independently provide identification documents. It is important to understand that the trial period can only be applied when hiring a new employee for a vacant position. Moreover, if there is a need to transfer a current employee of a company/institution to a new position, then a probationary period is not assigned.

The duration of the probationary period is individual in each specific case and depends on the position held. Most often, this period does not exceed three months, however, when a person is admitted for leadership position the verification period can increase to six months. Upon conclusion labor contract for a short period, two to six months, the test time cannot be more than two weeks.

The duration of the verification period is determined in calendar days (including weekends and holidays). At the same time, those days on which the trainee did not go to work for a good reason (for example, he was on sick leave, due to downtime at work, while performing government duties) are not included in this time period.

Reasons for dismissal

The grounds for dismissing a newcomer on a probationary period and an existing employee are practically no different. However, if during the testing period the employee demonstrates unsatisfactory results in his labor activity, then the employer has the right not to give him severance pay.

The most popular grounds for dismissing a person during the probationary period at the initiative of the employer:

1. Low results obtained as a result of the final certification.
2. Failure of the newcomer to perform his duties properly (for example, incompetence, absenteeism, tardiness, etc.). In this case, the employer must take a number of measures, for example, warn the employee about the inadmissibility of such an attitude towards work in writing or by using other disciplinary sanctions. Only after these actions are completed, the employer receives the right to dismiss the intern.
3. Causing damage to the company resulting from the actions of a newcomer. This could be damage/theft of property, disclosure of trade secrets, etc. Before dismissing an employee, you will need to prove the employee’s guilt.
4. Immoral behavior that is inappropriate for a person holding a certain position in a company. For example, if a school teacher humiliated the dignity of a student.
5. Coming to work in an inappropriate manner. For example, while drunk or under the influence of drugs.
6. Presentation of falsified documents when applying for a job. For example, providing a fake higher education diploma.
7. In case of staff reduction due to the liquidation of the company.

The most popular grounds for dismissing a person during the probationary period at the initiative of the employee:

1. The emergence of personal circumstances that arose after employment. For example, a forced move to another city, pregnancy, health problems for loved ones, etc.
2. Unsatisfactory working conditions. For example, poor lighting, microclimate, environmental indicators, etc.
3. Understanding that existing qualifications/experience/education do not correspond to the position held.
4. There is no prospect for career advancement.
5. A more attractive job offer appears.

At the request of the employee

Regardless of whether a company employee is on a probationary period or not, he always retains the right to resign on his own initiative. This procedure will not cause any particular difficulties. In order to vacate a position, an employee will need to notify his employer in writing three days before the planned date of termination of the employment contract. However, if the parties to the agreement are ready to terminate the employment relationship earlier, then the three-day work period will not be necessary.

The text of the statement should indicate . For example: “I ask you to dismiss me of my own free will before the expiration of the probationary period due to the fact that my qualifications do not correspond to the position I occupy.”

If during the trial period the employer did not manage to terminate the employment contract, then the newcomer automatically remains in his position on a general basis. In this case, no additional documents will be required. To dismiss on your own initiative after the end of the verification period, you will need to work not three days, but two weeks.

If, upon taking up the position, a contract was drawn up that did not say anything about a probationary period, then after submitting an application for dismissal, the employee must work for another two weeks at the company. In this situation, it does not matter at all how long the person worked in the company (one week or ten years).

When a person leaves work during the probationary period, the employer must pay him wages (for working days) and compensation for unused vacation. Severance pay issued only in a situation where this condition is specified in the employment agreement or other internal regulations.

At the request of the employer

During the admission process workplace for the new employee, an employment contract is concluded with him, and a list of requirements and tasks for a probationary period for subsequent admission to the staff is indicated. To successfully complete the testing period, a newcomer must solve all the tasks assigned to him.

If the employer has decided to dismiss the trainee, he must notify him of this three days before the date of the proposed dismissal. The newcomer must be given the appropriate notice in writing. It states the basis for excluding the employee from the company’s employees and indicates the day of cancellation of the employment agreement.

A sample notice of termination of an employment agreement can be found below:

If the employee successfully passes the test period, he is enrolled in the company's staff. Now the employer can dismiss the employee, but in this case the simplified procedure is not available.

Dismissal of a trainee as having failed the probationary period

If the applicant vacant position failed to prove himself during the probationary period (prove that he can fulfill the job duties assigned to him), then the employer has every right to terminate the employment contract with him. However, you do not have to wait until this period ends. However, it is important that the fact of non-compliance with the vacant position, the incompetence of the employee, is confirmed.

Evidence of negative completion of the procedure for checking the competence of an applicant for a position in the company:

• the applicant’s report on the results of his work activity during the probationary period;
• act on low quality of manufactured products;
• report/memo about the low quality of work performed;
• a protocol of a meeting special commission, competent in assessing the results of the trial period;
• facts of application of disciplinary measures against a newcomer.

The employer does not have the right to dismiss an intern while he is on official sick leave or on vacation.

Algorithm of actions for an employer to dismiss an intern during a probationary period:

1. Transferring to the dismissed employee a notice in which it will be written that in three days the previously concluded employment contract will be canceled.
2. Issuing an order to dismiss an unsuitable employee. In this case, it is important to familiarize the dismissed person with this order (against signature).
3. Filling out a work book.
4. Carrying out full payroll calculations.

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Content

The term “probationary period” is familiar to everyone who has ever applied for a job - this is the employer’s legal right, over a certain period of time, to evaluate the professionalism and knowledge of a potential employee. The trial period lasts from three months to six months; the duration of the period is necessarily indicated in the employment contract; the employee must familiarize himself with all the details of the trial in advance. The employment record should not include information about the probationary period.

What is a probationary period according to the labor code?

In Russian legislation, all standards are spelled out in Article 70 of the Labor Code of the Russian Federation. There is also a definition of this term: this is a period of time that is set by the employer to assess the employee’s suitability for the position for which he is applying. At the same time, the terms and duration of the trial are specified in the employment contract itself.

Employment test

The procedure for testing a potential employee when hiring expresses the employer’s completely legal right to determine his professional skills and suitability for his position. It is important to remember that this is not mandatory, but additional condition a concluded employment contract, which is made by agreement of both parties. This is not an obligation of the employer, rather it is his desire to check the employee, and if there is no doubt about the employee’s qualifications, there is no talk of any probationary period.

Probationary period when concluding an employment contract

It is worth remembering that an employee on probation is an equal member of the team, this is expressed in the fulfillment of his rights, as well as in the payment of wages. Many employers strive to offer applicants for a position a small salary. The Labor Code does not stipulate any provisions for this case. special conditions payment, but it is not directly prohibited to set a lower salary for this time.

Registration procedure

All conditions are specified in the employment contract, which the company must conclude with the employee. The exact start and end date of the trial period (from 01/01/2002 to 01/04/2002) or its duration (two weeks, three months) is indicated. Do not forget that the employment order must indicate that the employee will be subject to verification of his suitability for the position held. One copy of the work contract is given to the employee.

Who should not be given a probationary period?

Employment under a probationary period is prohibited for a certain category of persons, which include:

• those who were selected for the position through a competition, in accordance with Russian legislation;
• pregnant women about to leave maternity leave;
• minor citizens;
• graduates of universities and other educational institutions for whom this is their first job;
• if the employee is elected to the selected paid rate;
• when transferring from another organization, for example from Moscow.

The law defines other conditions under which an employer does not have the right to impose a test for a vacant position:

• for temporary employment for up to two months;
• in the case where the employment contract is concluded before the completion of the apprenticeship period;
• in case of replacement for a specified period of civil servants of a certain category (assistants, advisers, managers);
• in the customs service when hiring graduates of specialized educational institutions Federal significance and everyone who came to customs service according to the competition.

Duration of probationary period upon hiring

The standard probationary period for employment is three months. Workers senior management– managers, chief accountants, financial directors, and their deputies can undergo a professional suitability test for up to six months. Another case is fixed-term employment contracts for a period of up to six months. Then this period should not exceed two weeks.

Minimum

The minimum probationary period for employment lasts two weeks in the case of a fixed-term employment contract (up to 6 months). When concluding a regular contract, the employer himself sets the duration of the labor test - from one to three months, depending on the position held. For senior managers this is three months. At the request of the employer, the duration of the work period can be reduced.

Extension of probationary period

The duration of the labor test is fixed in two fundamental documents - the employment contract and the employment order. There are cases when the probationary period can be extended: employee illness, time off, specialized training. Only these reasons can justify an extension. The employer publishes additional order, which indicates the period for which the test is extended and the valid reasons that served as the basis for this.

Maximum probationary period according to the labor code

Upon conclusion fixed-term contract lasting from two to six months or seasonal work The trial period can only last 2 weeks. If the employee is hired on a permanent basis, then maximum term The pre-employment test lasts six months. These deadlines are specified in Labor Code Russian Federation.

Early termination

The main reason for early termination of an employment contract is successful completion of the test. The employer issues an order for early termination of the test, which details the reasons for its termination. An employee can write a letter of resignation from the company if the position in which he worked did not suit him. Does the employer have the right to terminate the labor test early if the employee’s performance is unsatisfactory? Yes, but everything must be formalized according to the law (appropriate order), and the employee must be warned in advance..

Rights of an employee during a probationary period

Labor legislation clearly states that an employee who is on probation has exactly the same rights and responsibilities as other employees of the enterprise. This applies to wages, receiving bonuses, establishing social guarantees. The candidate has the right to appeal in court any actions of the employer that infringe on the rights of the employee, including in relation to early termination labor contract.

Is it possible to take sick leave?

An employee who is on a probationary period has the right to take sick leave, the calculation of which will be calculated according to his average daily earnings. During sick leave, the period of labor probation is not counted; it resumes its effect when the employee returns to his place of work. In the event that an employee terminates cooperation with the employer (regardless of the reason), the employer is obliged to pay sick leave.

How is the salary determined?

An employee on a probationary period is subject to labor laws. This means that his rights should in no way be less than those of the main staffing. The salary must be set according to the staffing schedule. This can be circumvented by simply introducing a reduced salary for “assistant managers” or “assistants” into the staffing table; its amount can be any, but not less than one minimum wage ( minimum size salary). The employer is obliged to pay sick leave, overtime, work in holidays and weekends.

End of probationary period

Let us immediately note that there is a situation when it is impossible to dismiss an employee after a probationary period: when during this period of time the employee became pregnant and brought the relevant certificates. In other cases, there are two options for ending the trial period.

• positive - both parties are satisfied with working in the organization, then the employee is included in the staff according to job description;
• negative – the employing company is not satisfied with the quality and result of the applicant’s work, a decision is made to terminate the contract (the order in the form indicates the reasons and evidence of the employee’s negligence).

The dismissal of an employee undergoing probation is always documented in as much detail as possible, because there is a good chance that the employee will consider such actions unlawful and will sue the employer. This can be avoided by proving that the employee violated work rules, safety regulations, did not follow instructions, was absent without good reason. When hiring, it is necessary to receive a written notification from the employee with his signature that he was aware of all the internal regulations of the employer.

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Employment with a probationary period - duration, amount of payment and employee rights under the Labor Code of the Russian Federation

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