Test period when taking on. How not to violate the labor code of the Russian Federation when hiring with a probationary period


* Calculations use average data for Russia

100 000 ₽

Minimum starting capital

From 4 months

Payback

55 %

Profitability

From 25 000 ₽

Profit per month

The number of all kinds of gadgets per capita is growing every year: mobile phones, players, game consoles, players, tablets... Accordingly, the demand for various accessories for all these mobile devices is growing. Covers made of various materials perform two functions at once - protective and decorative. In the latter case, the choice of cases is limited only by the manufacturer's imagination.

How to make the production of covers a profitable and profitable business

However, depending on start-up capital, which the entrepreneur has, he can choose two production options - to make the covers themselves or apply images to existing blanks. In the first case, covers are sewn from genuine leather (the preferred option) and leather substitutes.

The cost of one product is 50 rubles, and at retail it is already sold for 250-400 rubles. For sewing covers made of genuine and artificial leather, you will need a small room (about 17-20 square meters) and simple equipment, including sewing machines, cutting machine, punch, button setting machine, pattern embossing device, etc.

As materials for the production of covers, you will need natural and artificial leather of various shades, but of a certain density (the material must be dense enough to protect the contents from minor damage, and at the same time keep its shape well), buttons, Velcro, lining material, rhinestones, key rings, etc.

There are no special requirements for the location of the workshop, but think in advance how and to whom you will sell finished products. If you plan to produce a small number of cases of special design from high-quality leather, then it is better to sell them on your own - through a branded outlet, for example, in the territory of a large shopping center. With sufficiently large production volumes, it is best to work with wholesalers, specialized stores, trading networks etc.

Features of the range of cases

Your assortment will be mainly covers for mobile phones smartphones and, to a lesser extent, tablets. Please note: in recent times previously common cases, which are completely made of leather, are increasingly replacing combined models of book cases with a plastic base for the gadget and a leather cover. In the future, you will be able to significantly expand your range and produce cases not only for mobile devices, but also other leather accessories - cosmetic bags, key cases, bags, etc.

For the organization of such a business will require from 100 thousand rubles. This amount includes the purchase required material, raw materials and minimal advertising (flyers, business cards, ad placement). The best option is if you have your own premises where you can open a sewing workshop. An additional source of income can be tailoring covers for individual orders (in fact, this is already an atelier) - non-standard colors, designs, for less common device models, etc.

In addition, you can engage in applying prints to existing blanks. For the production of covers in this way, special equipment will be required, which includes a thermal transfer press, jet printer with CISS, as well as consumables - special ink and paper for sublimation. All this equipment is quite compact. It can be put even at home or in the garage.

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The process of printing on blanks is very simple and does not require special knowledge and skills. For printing, special blanks for covers will be required. These may not be traditional covers, but bumpers that are worn on a smartphone or tablet. They come in rubber and plastic in white or black. The disadvantage of this direction is associated with a limited range. For obvious reasons, you will not be able to produce printed cases for a large number device models from different manufacturers.

The financial component of the case manufacturing business

Entrepreneurs do not want to take risks and buy bumpers for the most popular devices: iPhone, iPad, Samsung Galaxy. Covers-blanks are purchased in China with a minimum lot of 500 pieces. The covers and bumpers themselves are cheap, but add to this the cost of transportation and customs clearance. Eventually the cost of the cover with application is 125 rubles. Retail price starts from 550 rubles. and higher. Models with an exclusive design will cost the end buyer 1200 rubles.

As with leather phone accessories, there are two channels for marketing "designer" cases: directly end customers and through wholesale companies. In the first case, keep in mind that the main the target audience such products are adolescents and young people under the age of 25 years. These buyers can be found on the Internet.

Maintaining groups in in social networks and the promotion of an online store will require considerable costs - both time and material. At first, the number of orders will be small (according to the experience of other entrepreneurs, from two orders per day when working throughout the country). You will also have to spend your time communicating with potential buyers, sending orders across Russia, or spending money on the salaries of managers who will take on these responsibilities.

Ready-made ideas for your business

If your production capacity allow you to make a large batch of cases at once (from 100 pieces), give preference to wholesale buyers. By the way, the organizers can also act as such joint purchases. Even with a wholesale price of 350-400 rubles for a regular model, your margin will be over 100%, and you will be able to return the funds spent faster. The turnover of such a small production is 300-350 thousand rubles a year, and profit - from 25 thousand rubles per month and above, depending on the range, designs, investments in advertising and promotion, product quality and customer service.

Cases for mobile devices are an out-of-season product, but they are in the greatest demand during the pre-holiday period (unusual cases are bought as gifts for relatives and friends).

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I am interested in the practice of applying a probationary period when applying for a job. The labor code does not indicate that it is necessary to designate the tasks and parameters for which the probationary period is considered to be successfully completed.

Can I be fired without giving objective reasons? Are there examples from judicial practice in cases like this?

Pavel, the employer can hire you for a trial period - this is legal. The contract may contain a general phrase about checking compliance with the assigned work. You are required to perform only those duties that are specified in the job description and employment contract. The law does not require specific criteria for passing the probationary period to be determined in the contract, but it is better for you to check them with your manager and fix them.

Natalia Bogatyreva

You can be fired during the probationary period, but the employer must clearly explain why you did not do the job. If objective reasons are not specified, the court may recognize the dismissal as illegal.

Dismissal based on the results of a probationary period is a common practice in which there are many nuances. First, I’ll tell you in more detail what is written in the labor code, and then what decisions the courts make in practice.

What does the labor code say?

An employment contract can include a condition on a test when applying for a job - this is the probationary period. It is needed to understand whether the job is suitable for a new employee. If not suitable, you can fire him and not pay severance pay.

You can't take a probationary period without employment contract. In a separate clause or section of the employment contract, something like:

In order to verify the compliance of the employee with the work assigned to him, a test is established for a period of three months from the date of the actual start of work.

Sometimes employers accept people for a trial period, saying that an employment contract will be concluded based on its results. So it is impossible - do not agree.

In general, the law allows you to start working without an employment contract. This is called actual admission to work. It is considered that the employment contract has already been concluded from the moment you started working. You can sign it later. The law gives 3 working days for this, counting from the day of admission to work. With the actual admission to work, the probationary period must be drawn up in a separate agreement and signed strictly before the start of work.

Those who work on probation have the same rights and obligations as other employees. They have the same salary and the same daily routine.

Probation- not for all. The employer is not entitled to install it for pregnant women, women with children under 1.5 years old, minors, young professionals. Full list those who are under the special protection of the law, in Part 4 of Art. 70 of the labor code.

The trial period is limited by law. The Labor Code determines how long it can last.

How long is the trial period

In general

up to 3 months

For managers, chief accountants and their deputies

up to 6 months

If the employment contract is concluded for less than six months

up to 2 weeks

If the employment contract is concluded for a period of up to 2 months

test cannot be set.

Can be fired, but there are nuances

The employer must fulfill a number of requirements:

  1. Notify the employee 3 days in advance.
  2. Explain why he failed the test.
  3. Do it in writing.

The date of dismissal must be strictly within the probationary period. You can not tell the employee that he did not cope with the test on the last day of the probationary period. You must be notified at least 3 days before its end.

Specific criteria by which the employer evaluates the result of the probationary period, labor Code does not define. The employer decides for himself what is considered an unsatisfactory test result for him. The Constitutional Court specifically clarifies that this is normal and does not violate the rights of workers.

The employee himself can also quit during the probationary period if he decides that the job does not suit him. You don't need to tell your employer why. The application for dismissal must be submitted at least 3 days in advance, and not 2 weeks in advance, as usual.

How to know if you've done a good job

Read your job description. Usually, the employment contract does not indicate specific goals and objectives assigned to the employee for a probationary period. So the first thing you need to do is read the manual. You can cope or not cope only with the duties that are in the job description and the employment contract.

Study local laws. Large firms develop special documents - provisions on the procedure for passing the test. A separate section on testing can be included in the rules work schedule. In these local acts, the employer prescribes the procedure for passing the probationary period and evaluating its results.

Make a work plan. If the firm is small and rarely accepts people on probation, there may not be special provisions. In this case, talk personally with the manager and offer to draw up a work plan for the duration of the test or determine the goals to be achieved. So you will know in advance what the employer will evaluate.

For example, for the sphere of trade, the indicators of passing the test may be the fulfillment of the sales plan, an increase in the average bill for customers. You can specify specific percentages. For the secretary - competent conduct of telephone conversations, timely distribution of incoming correspondence and sending outgoing.

The employer is obliged to familiarize you with the job description, labor regulations and other local regulations against signature when hiring. it important point: Your signature confirms that you knew what the employer expected of you. Be sure to read your job descriptions.

If you don't agree, go to court.

The employer is obliged to explain the refusal to the employee in writing. If you do not agree, you can file a lawsuit, and attach this explanation to the statement of claim. The court will assess the situation from all sides: it will take into account the nature of the work and the validity of the employer's requirements. If he is wrong, the court will reinstate the employee in his position or change the wording of the dismissal in the work book to “dismissed due to own will". The obligation to prove the fact of unsatisfactory work of the employee rests with the employer.

The court may recognize the dismissal of an employee as illegal in two cases:

  1. The employer violated the dismissal procedure: he did not notify 3 days in advance, did not explain the reasons.
  2. The employer was guided by biased reasons. For example, he wanted to dismiss an employee for personal reasons, but did not take into account the result of the work or took it into account formally.

The employer must evaluate the business qualities of the employee: the level of professionalism, the quality of the performance of duties and discipline. If we talk about examples: the employee did not fulfill the sales plan, incorrectly executed the documents, was late for work, did not follow the instructions of the manager, etc.

There is no need to draw up any special acts. Some employees in court say that the employer must draw up acts on the identification of errors in work, without them it is impossible to dismiss. The law does not provide for such a thing. The employer can use any evidence:

  1. Incorrectly formatted documents.
  2. Reporting notes.
  3. Acts on disciplinary sanctions.
  4. customer complaints, etc.

Contact the district court where you work or where you live. The statement of claim must be filed within one month from the date of delivery of a copy of the dismissal order or from the date of issue work book. This is the statute of limitations, after which the state does not guarantee you judicial protection.

Examples of judgments

Dismissal of workers taken on probation is a common practice. There are solutions for both employees and employers. I will give a few examples.

The contract does not specify a probationary period - the dismissal is illegal. The woman got a job as a manager of the client department. I did not sign an employment contract, I did not conclude a test agreement. The employer notified her of the termination of the employment contract due to the unsatisfactory result of the test. The woman went to court. The employer brought to the court an order for her employment, in which there was a test condition. The court said that this was not an employment contract, and reinstated the woman at work.

The employee did not sign the job description - the dismissal is illegal. The man sued the Conscious collective farm, where he worked as a mechanical engineer. The employer sent him a notice that the employment relationship would be terminated due to unsatisfactory test results. The man did not agree with this and went to court. Resolving the dispute, the court found that the man was not acquainted with the job description of a mechanical engineer. The court considered the testimony of the witness to be inadmissible evidence. Familiarization with the job description must be confirmed by written means of proof and cannot be confirmed by witness testimony. The court reinstated the man as a mechanical engineer.

The employee avoided signing the employment contract - the dismissal is legal. The man got a job as a mechanic in construction company. A month and a half later, he was fired due to an unsatisfactory test. The employer pointed out the lack of business and professional qualities for the position of a mechanic, as well as a disciplinary violation: being in a change house after lunch break. The man went to court and said that he was hired without a test. He signed the contract after being hired, which means he worked without a probationary period. The employer objected that the man evaded signing the employment contract for more than a month, although he was repeatedly offered to do so. The court sided with the employer, the man was fired.

The school teacher broke the rules labor discipline- dismissal is legal. The teacher of Russian language and literature was hired with a trial period of 3 months. Before its completion, she was fired, having been notified of the unsatisfactory result of the test. The employer explained in court that the woman acted in bad faith as a teacher and class teacher: she was negligent in checking notebooks, did not fill out the data in electronic diary, was absent on duty, arbitrarily left work and left children unattended. She was unable to challenge the dismissal decision.

Reminder when applying for a job

If you are applying for a job with a trial period, talk to your employer about how they will evaluate the results of the test.

Sign an employment contract, which must contain a condition on passing the test and its duration. Keep your copy of the agreement in a safe place.

Read your job description, internal labor regulations, find out if the organization has a special provision on the procedure for passing the test.

If you were fired during the probationary period without giving reasons, go to court. If the reasons are explained, but you do not agree with them, go to court. It's free.

If you have a question about personal finances, expensive purchases or a family budget, write to: [email protected] We will answer the most interesting questions in the magazine.

Probation- this is the period of time during which the employer checks the employee of the enterprise for his suitability for the job.

A probationary period is necessary to test the professional qualities of a future employee.

Note that the establishment of the period necessary for testing is the right of the employer, but not his obligation.

Therefore, if the employer believes that this applicant is suitable for vacant position, then he can hire him without passing the test.

What is the purpose of probation?

The procedure for testing a potential employee when hiring expresses the completely legitimate right of the employer to determine his professional skills and the suitability of his position.

The condition for passing such a check allows:

    evaluate the quality of performance of the duties assigned to the employee;

    check compliance business qualities(working skills) of the new employee to the existing requirements of the employer;

    determine the level of discipline of the beginner.

trial period and

When hiring an employee, even if there is a probationary period, the employer is obliged to conclude an employment contract with the employee of the enterprise.

The employment contract must state that the employee is hired with a probationary period. The salary that the employer must pay to the employee on probation must also be stipulated in the employment contract.

It should be noted that all the rules of the current labor law, as well as other local regulations of the enterprise, containing the norms of labor law. That is, the worker has everything labor rights and must do everything labor obligations, and may also be held accountable for violating the norms of the Labor Code of the Russian Federation. It concerns wages, receiving bonuses, establishing social guarantees.

The candidate has the right to appeal against any actions of the employer in court.

If the employment contract with the employee does not stipulate the condition for assigning a probationary period to the applicant when hiring, this means that the employee of the enterprise has been hired for a vacant position without a probationary period.

Probationary period

The length of the trial period is not essential condition labor contract. That is, without this clause, the employment contract will be valid.

In addition, if during labor relations the parties have agreed that the test period needs to be changed, then they can sign the corresponding supplementary agreement.

Article 70 of the Labor Code of the Russian Federation states that the duration of the probationary period cannot exceed three months.

If the head of the organization, his deputy, the head of the branch, representative office, structural unit, or his deputy, then the probation period is extended by up to 6 months.

If an applicant for a vacant position is concluded for a period of 2 to 6 months, or an employment contract is concluded with an applicant working for seasonal work, then the test period cannot exceed 2 weeks.

Tests for a period of 3 to 6 months are established for civil servants who are hired for the first time and for persons who are transferred to the civil service for the first time.

However, there are such periods in work that are not included in the period for the employee to pass the test, that is, they actually increase the probationary period for a particular employee.

These are periods of time such as:

    the period of illness, that is, the employee can justify his absence with a certificate of incapacity for work;

    administrative leave, that is, leave when the employee does not retain his salary;

    study leave, i.e. absence from the workplace due to training;

    the presence of an employee in public works or the performance of public duties by him;

    the absence of an employee at his workplace for other valid reasons.

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

Who can't be put on probation

According to the Labor Code of the Russian Federation, a probationary period for employment cannot be established for the following employees:

    persons who occupy a vacant position as a result of a competition;

    pregnant women with a relevant certificate;

    women with a child under the age of 1.5 years;

    underage applicants;

    applicants who are university graduates and who get a job for the first time within 1 year after graduation educational institution;

    applicants who hold elective office;

    persons who occupy a vacant position as a result of a transfer from another employer, if there is an appropriate agreement between these employers;

    applicants with whom the employer has concluded an employment contract for a period of less than 2 months;

    other persons, if it is provided by the local normative act or collective agreement.

Results from passing the test

The test results can be either positive or negative.

If the employee has passed the test, then it is not necessary to conclude a new employment contract with him. The employee continues to work on the conditions that are prescribed in the employment contract concluded upon hiring the employee.

If the results of the test, according to the employer, are negative, then the employer has the right to terminate the employment contract with the employee even before the end of the probationary period. To do this, the employer must notify the employee in writing of the upcoming dismissal 3 days before the dismissal.

The notice of dismissal must also detail the reasons, as the employer must justify its decision on the negative results of passing the test.

If the employee does not agree with the results of the test, then he must also notify the employer. Moreover, if an employee of the organization considers his dismissal illegal, then he has the right to apply to labor inspection or to court.

The employee also has the right to terminate the employment contract with the employer if, during the test, he decides that this job is not suitable for him for a number of reasons.

To do this, he must notify the employer in writing 3 days before the termination of the employment contract.

conclusions

Article 70 of the Labor Code of the Russian Federation contains norms according to which, during employment, the employer can establish a probationary period for a future employee for a limited time.

This trial period according to the Labor Code of the Russian Federation cannot be more than 3 months. For management positions, the duration of the probationary period is 6 months. If the work is supposed to be short-term (from 2 months to six months), then the duration of the probationary period is no more than 2 weeks. And if the employment time does not exceed 2 months, then the test condition may not be stipulated.

At the end of the trial period, the employer must decide whether the employee is suitable for him or whether he should be fired.

If the worker continues to work after the completion of the probation, then he is considered hired.


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