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

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

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

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

According to the current norms of the law, the test for employment is introduced for a period of 2 weeks to 3 months. The duration of the probationary period for the chief accountant and managers, their deputies and other positions may be up to 6 months.

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

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

After the expiration of the probationary period, if the parties labor relations no objections were received, the employment agreement is considered to be executed on a general basis.

Who cannot be tested

It cannot be entered when applying for a job:

• Pregnant candidates;
• Employees with children under 1.5 years old;
• Young professionals who have just received a certificate or diploma of vocational education;
• Employees accepted as a transfer from other employers;
• Persons under the age of 18;
• Candidates selected as a result of a competition for a position;
• Elected to an elected position.

Probation period for employment is not established upon conclusion for a period of less than 2 months. You also need to remember that you can not enter a trial period for already working employees.

Registration procedure

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

Many companies are required to complete a probationary period after being hired. After this period, the employee will be hired on a permanent basis or dismissed from a vacant position.

Probation period for a trainee

The procedure for hiring is established by the Labor Code, and the rules for passing the probationary period are provided for in articles 70 and 71. The fact that an employee has been hired on certain grounds must be notified immediately.

It is important that the applicant agrees to the internship. For this, it is created labor contract and an additional agreement with the establishment of a probationary period. Both documents must be issued in such a way that one original copy is received by the employer, the second - by the worker.

An order to enroll a person in the state cannot be drawn up backdating. However, the employment contract is concluded no later than 5 days from the date of employment in the organization. If there is none and additional agreements are also not provided, then the citizen is enrolled in the state immediately without an internship.

In addition, the employee is familiarized with the job description, staffing and others internal documents directly related to the performance of their duties.

AT work book no information that the worker is employed on a temporary basis is displayed. The document simply indicates the date of admission and dismissal. If a person has failed to fulfill his obligations, the company may refer to Art. 71 TK. However, usually it doesn’t come to such measures, the employer more often gives people the opportunity to draw up an application “for own will", ahead of schedule.

The decision to establish a probationary period is up to the employer. The Labor Code does not prohibit registering people for vacant position straightaway. This measure is provided to determine whether the candidate will cope with the established duties, whether he will be competent.

Also this is a simpler method of dismissing:

• the employee is not entitled to severance pay;
• he does not need to work 14 days;
• does not require permission from the union.

Job responsibilities should be reflected in the job description. If the employer indicated the reason for dismissal - discrepancy official duties, and those are not displayed anywhere, then the employee has the right to challenge the decision in court within 1 month after the termination of the employment relationship. The court may determine reinstatement.

An employment contract must be concluded between the trainee and the employer, which determines the probationary period. Upon its completion, an order is issued on the admission of a person to a permanent position. If there is no such order, then the trainee, from a legal point of view, is considered enrolled in the state.

When applying for a job, you should rely on the norms Labor Code:

1. article number 70 - "Test when hiring."
2. article No. 71 - "The result of the test when applying for a job."

Not all organizations enter into an employment contract with employees. In this case, an agreement on the passage of a probationary period with an indication of the period is relevant. If a person has not coped with his duties, the organization in the dismissal order has the right to refer to this agreement. The document is drawn up by the employer, taking into account all his interests, but the applicant signs it voluntarily.

Employees undergoing testing have the same rights and obligations as permanent employees in the state.

These persons are entitled to:

• vacation,
• sick leave,
• premium payments.

At the same time, the employee’s activities are monitored, so penalties can be applied:

• for a walk
• being late
• gross violation of labor discipline.

The recruitment process is simple and straightforward:

1. An employment contract is drawn up with a clear indication of the end date of the probationary period.
2. A provision is drawn up listing the conditions for the internship.
3. An order is issued to accept a person for work.

Disagreements may arise between the trainee and the employer regarding the payment procedure. It is recommended that the amount of salary be fixed in the employment contract. After the probationary period, the rate is usually not changed, however, an additional agreement may be drawn up, indicating the allowance.

The salary of a trainee cannot be less than that of a permanent employee. Some companies are finding a way out. All employees are assigned a rate, above which a bonus is regularly paid, while a person undergoing a test is not entitled to it.

There are exceptions when specialists must be admitted to the state immediately.

The test is not installed:

• those who were registered according to the competition to fill a vacant position;
• pregnant women, as well as mothers or guardians caring for children under one and a half years old, the latter rule also applies to men;
• teenagers under 18;
• graduates of state-accredited universities when they are employed for the first time in their specialization (perhaps up to a year from the date of graduation);
• those who were elected to this vacancy, for example, during competitive selection;
• persons who are transferred to this vacancy from other organizations;
• temporarily employed, that is, working under a contract for up to two months.

In reality, it is quite difficult for people who cannot be accepted under such conditions to find a job.

Company executives do not have the right to refuse due to the lack of an opportunity to appoint an internship. A document is officially provided indicating that the applicant cannot be accepted due to non-compliance with vacant requirements. For example, they indicate that the applicant has no education or work skills in this area.

Standard internship period is 3 months.

However, it can be reduced to 2 weeks in the following cases:

• persons involved under a fixed-term or temporary contract (for example, seasonal work);
• candidates for temporary positions.

The law also provides for an increase in the probationary period for such positions:

• civil servants, including the government - from 6 to 12 months;
• top management and accounting - up to 6 months.

A period of up to 14 days is assigned to those who were hired for a period of 2 to 6 months. The maximum probationary period of 1 year is provided only for positions specifically listed by law. For example, a simple seller does not have the right to establish an internship for 6 or 12 months.

The law establishes a standard period - up to 3 months, beyond this period (for most vacancies) they have no right to appoint. However, by mutual agreement, the manager can agree on another period, for example, 3 weeks or 2 months.

Is it possible to extend

It is not allowed to extend the probationary period. However, according to the personnel records, only the actual period worked is calculated.

Thus, the extension may be due to forced absences of working hours:

1. Sick leave, sick leave required.
2. Administrative or study leave.
3. Absence for valid reasons.
4. Performing public works or state duties, in connection with which there was a shift pass.

The increase in the period will be exactly the period of absence, for example, a vacation is issued for 10 days, which means that the trial period will be extended for another 10 days.

Early termination

By mutual agreement, the trial period may be terminated. There are two options here, either the applicant will be hired on a permanent basis, or they will be fired. In the first case, an addition to the employment contract is drawn up.

If the trial period is completed successfully, the trainee is hired. It is important that no additional responsibilities should be imposed upon transfer to the main position. The hired employee must carry out only the types of work performed by him earlier in this position. The exception is a transfer to another vacancy in the same company.

Salary is calculated by months, that is, the worker must be paid every 30 days, and not once every 3 months. In this case, if an incomplete month is worked out, then the number of days is rounded off from the number 15. For example, a period of 1 month and 16 days will be rounded up to two months.

So, both parties can not arrange employment conditions - both the employer and the trainee. Therefore, they can calculate it before the end of the internship.

There are such options:

1. The citizen decided to quit himself.

To do this, you need to notify the employer and apply for a calculation. Notify the employer at least 3 days in advance.

1. The management dismisses the person due to inconsistency in the position.

An employee in such a situation must be warned by the authorities about their decision in advance, 3 days in advance.

The period (3 days) is counted in calendar days, regardless of the number of upcoming shifts. The exception is when a person is on sick leave.

If a person fails to fulfill his obligations, there is no need to wait for the end of the internship, because then the dismissal will be reflected in the work book under a different article than article 71 of the Labor Code. In this case, the person will have to be warned not 3, but 14 days in advance about the upcoming settlement.

Quite often there are disputes over the validity of dismissal. Throughout the entire period, management should monitor the performance of the hired employee.

It is more reliable to prepare documents confirming the failure to comply with the job description.

It could be:

• characteristics of the employee, compiled by a personnel officer or directly by the employer;
• who disciplinary action, confirmed by order;
• reports indicating violations of official duties;
• explanatory notes from the employee confirming the fact of non-fulfillment of work.

As a rule, the personnel department maintains a register for each new employee, where all acts, protocols and other documents are entered. In accordance with the collected documentation, a dismissal order is issued, about which the newcomer must be notified against signature.

Moreover, all characteristics, acts, orders are given to the employee for review and against signature. If the latter refuses to sign, then the documents can be sent to him by registered mail to the address of residence.

There may be situations when the candidate is not available even at the place of residence. In such a situation, a special commission is created. The dismissal order states that the person refused to sign and this fact is confirmed by the members of the commission - full name, position and signature of each.

Vacation and sick leave during probationary period

Any worker has the right to leave or sick leave, regardless of the period of employment. Upon dismissal, he is entitled to payments for unused vacation.

Social allowance for sick leave is calculated from the amount of average earnings. Cash credited to the employee's payroll.

Sick leave is unpredictable. This circumstance brings confusion to the organization of work, but cannot be an official reason for dismissal due to the absence of an employee who has been sick for too long. The manager will be forced to wait for him to go to work, and only then decide whether he needs such a painful employee in the state.

Sometimes companies sin by breaking the rules labor law. But then the dismissed person can defend his rights in Labor Inspectorate or in court. A claim for reinstatement can be filed within 1 calendar month. The term must be calculated from the date of the final settlement.

If the worker does not want to associate himself with this place of work, he has the right to confine himself to a claim for compensation of wages. It can be filed within 1 year from the date of dismissal. Illegal activities the employer inflicts moral harm on the citizen, so such a clause can be included in the statement of claim.

Everyone who has ever been employed knows what a probationary period is. The employer has the legal right to assess the suitability and knowledge of the future employee for a certain period of time. This period can last from two weeks to six months. The validity period of the probationary period must be indicated at the conclusion of the employment contract, and the employee must be notified in advance of all the details. There should not be any information about this in the work book.

So, what is the maximum probationary period when applying for a job?

Information in the Labor Code

In article 70 of the Labor Code of the Russian Federation, you can find all the information about the probationary period when applying for a job. This period is a period of time set by the employer in order to assess the suitability of the employee for the position to which he seeks to get. The employment contract between the employer and the tested employee must contain information on the conditions and duration of the test.

How long the test should last for employees of organizations is determined by the Labor Code of the Russian Federation, and for civil servants, employees of the Ministry of Internal Affairs, the Investigative Committee and the Prosecutor's Office of the Russian Federation - federal laws.

For employees of enterprises, the duration of this period for employment in the general manner is up to three months.

A special case is the signing of a short-term (up to six months) contract - in this case, the test lasts no more than 14 days. If an employer needs to establish a probationary period for a candidate for a position, for example, for 3 weeks, then an agreement should be concluded for a period that will exceed six months.

Features of concluding an employment contract

Most often, the labor market offers work with a probationary period.

He is not necessary condition admission of an employee, but at the same time it is the legal right of the employer, allowing him to determine the candidate's readiness for the position. If we talk about an employment contract, then everything related to information on a probationary period is an additional clause of this agreement, which is done by mutual agreement of the parties.

The test is not always carried out

Usually, if the employer is completely confident in the qualifications of a new employee, then there is no question of testing. Sometimes employers purposefully poach valuable employees from other organizations. Naturally, in this case, the question of a probationary period is not raised - the employee is offered those conditions for which he decides to leave the former workplace. But in common practice, employers do not know how qualified new employees are. Therefore, a trial period of 3 months is a good way out of the situation.

With all this, an employee passing this period has all the rights of a full-fledged employee of the company, is a full representative of its work team and has the right to a salary in the amount prescribed for this period in his employment contract. Usually, the employer offers the applicant for a position a salary lower than that offered for a permanent period. This nuance is not regulated in any way by the Labor Code. The maximum probationary period for employment often varies from one company to another.

Registration procedure

The employment contract must specify in detail all the conditions for hiring an employee, including for a probationary period. The exact dates of both the start and end of the trial period, or its duration, must be specified. It should also be noted in the order on hiring an employee that he will undergo a probationary period in order to check his compliance with the vacancy. One of the copies must be given to the employee.

It is clear that it is much easier to dismiss an employee during a trial period.

In what cases can it not be installed?

The trial period is prohibited in some cases. This applies to certain categories of persons, such as:

• accepted for the position as a result of the competition;
• pregnant women who will soon have maternity leave;
• citizens who have not reached the age of majority;
• graduates for whom this work is the first;
• the employee who is selected for this paid rate;
• an employee who received a job as a result of a transfer from another organization.

There are also other conditions when, according to Article 70 of the Labor Code of the Russian Federation, a probationary period cannot be established. For example, this is temporary employment, when an employee is hired for a position for a period of up to two months. Also if the employment contract is concluded before the employee completes the apprenticeship period. The same condition applies to those who replace for a specific period of employees belonging to certain categories: managers, advisers, assistants. This also applies to the rules for accepting employees for customs service: if graduates who have completed their studies in specialized educational institutions of federal significance or those who came by competition.

What is the probationary period for workers and representatives of other specialties?

Probationary period

Typically, the trial period is three months. But for senior workers such as financial directors, chief accountants and their deputies, the probationary period can be up to six months. The trial period for managers is also 6 months. If we are talking about fixed-term employment contracts concluded for a period of up to six months, then the test time should not exceed two weeks.

Minimum and maximum probationary period for employment

The minimum probationary period is the two-week period established for fixed-term employment contracts of six months or less. If a regular employment agreement is concluded, then the employer himself decides what the test period will be: one, two or three months (depending on the position held by the applicant).

According to Article 70 of the Labor Code of the Russian Federation, the head has the right to initiate an extension of the probationary period. This issue is regulated by two documents - an employment agreement between the employer and the employee, as well as an order for admission to the position. And if the tested employee was on sick leave during the probationary period, took time off or underwent specialized training, then the probationary period can be extended.

All these conditions must be mentioned in advance in the documentation that is drawn up when applying for a job. In the event of an extension of the probation period, the employer will need to issue an additional order in which the probation period must be indicated, as well as those good reasons that formed the basis for this decision.

If an applicant for a position is hired in accordance with the Labor Code for permanent basis, then the maximum period for checking an employee may be not 3 months, but six months.

In what cases is it possible to terminate the trial ahead of schedule?

The main reason for the early termination of the test period may be its successful completion. In this case, the employer must issue an order according to which the trial period is terminated, and describe in it the reasons for this action. On the part of the employee, it is possible to submit an application for resignation from the organization in the event that he was not satisfied with the position for which he was employed.

Can the employer, on its own initiative, complete the labor test before its completion under the terms of the employment agreement? For example, if he considered the work of a newly minted employee unsatisfactory? Legally, maybe. But this step must also be formalized by issuing an appropriate order and notifying the employee of this decision in advance.

Rights of an employee on probation

Labor legislation strictly regulates this moment, indicating that the employee undergoing the test has exactly the same rights and obligations as all other employees of the organization. This point also applies to wages, including the receipt of bonuses and all social guarantees implied by the position.

If the candidate is faced with a violation of his rights, then he can appeal against the actions of the employer, infringing on his interests, in court. This also applies to early termination of the employment contract.

An employee on probation has the right to take sick leave, and he, like for other employees, must be calculated based on his average daily earnings. However, for the duration of the sick leave, the test period will not be counted, it will resume when the employee returns to the place of work. If a person decides to stop working with the organization, the employer will be required to pay his sick leave.

What determines the salary of an employee during a probationary period?

Since the employee under test is protected by the Labor Code, his rights should not be less than that of all other workers in this organization. And his salary is determined in accordance with the staffing of the organization. However, employers often get around this point by introducing a smaller salary into the schedule, which is due to "assistants" or "assistants" of various positions. The amount of this salary should not be less than the minimum wage.

Among other things, the new employee must be paid for all sick leave, overtime, work on holidays or weekends.

The trial period for chief accountants is six months.

End of test period

There is certain situation, in which it is impossible to dismiss an employee after the probationary period. It applies to employees who became pregnant in a given period of time and provided the employer with relevant certificates. In all other cases, the employee verification period ends either positively when both labor parties are satisfied with the work and the employee is enrolled as a permanent employee of the organization in accordance with job descriptions, and negatively when the work of the subject was unsatisfactory for the employer and the labor contract is terminated. In the latter case, the dismissal order must contain a listing of its reasons and evidence of the employee's unsuitability for this position.

In this case, it is necessary to take the written justification of the dismissal with responsibility, because the employee may consider these actions unlawful and go to court. Evidence that the employee did not follow safety rules, did not follow instructions, or skipped work without good reason helps to avoid this.

We have considered the maximum probationary period for employment.

The Labor Code indicates that the employer has the right to appoint an applicant for a check upon admission. It is necessary to study professional qualities future employee. This does not mean that he is obliged to install it. indicates that a test can only be set according to the opinion of opponents. However, in practice this is not the case. The employer confronts the opponent with the fact that there is a certain period, and the payment for this time is set somewhat lower than after.

At the device, the director always concludes an official document. It states that it is accepted "with validation, duration ....". The salary that the company is going to pay is also negotiated. If there is no condition for the appointment of a test upon admission, this means that the employee is accepted immediately.

Article 70 of the Labor Code of the Russian Federation states that the duration of such time cannot exceed 3 months. If the head of the organization is accepted, his deputy, Chief Accountant or his deputy, then it increases to 6 months. If an urgent document is concluded with the applicant from 2 to 6 months, it cannot exceed 2 weeks. If the employee was ill or was actually absent from the workplace for other reasons, these periods are subtracted from the total.

• persons who take a place as a result of the competition;
• pregnant women;
• women who have a child under the age of 3;
• minors;
• persons holding elective office;
• persons occupying a seat as a result of a transfer from another person;
• applicants who enter into an agreement for less than 2 months;
• other persons, if it is provided for by local regulations.

The specialist must understand that if there is a check, then there must be its results. They can be both positive and negative.

If he successfully passed everything, then you do not need to conclude a new agreement with him. It continues to operate under the same conditions as previously stated. If the results, according to the director, are negative, then he can terminate the agreement with the employee in advance.

To do this, he must warn the employee in writing about the impending dismissal 3 days in advance. The notice must also detail the reasons. The director must justify his decision about the negative results of the passage.

If the subordinate does not agree with the results, then he must also notify the company. If he considers his dismissal illegal, he will be able to apply to the inspection or to the court. The opinion of the trade union in this case is not taken into account.

The citizen also has the ability to terminate with superiors if he decides that this activity doesn't work for him for a number of reasons. To do this, he must notify the other party in writing 3 days in advance.

Probationary period under the labor code

According to established practice, this concept is a certain period of time during which the management checks the compliance of the hired employee with the position for which he is registered.

Establishing the necessary time is the privilege of the director, but not his responsibility. Therefore, if he believes that this applicant is suitable for a vacant position, he can accept it urgently. The Director has the right to apply a probationary period to a particular applicant, regardless of organizational form enterprises and from the purposes of economic activity.

Appointment of preliminary time is regulated by Art. 70 of the Labor Code of the Russian Federation and art. 71 of the Labor Code of the Russian Federation. But this does not mean that he works on preferential or special conditions. Absolutely all the norms of the current legislation, as well as other normative acts containing the norms of law, apply to it. That is, he has all the rights and performs duties, and can also be held liable for violation of the rules.

Verification can only be established by a common decision. That is, if one party did not know about the establishment or was not properly notified, this is considered a gross violation of the rules.

Therefore, the boss notifies his future staff about this. The duration is announced. The applicant is not required to agree! But he can offer future bosses another segment. When everyone comes to a consensus, they sign it.

Duration is not essential condition, that is, without this clause, the contract will be valid. In addition, if during the course of the relationship everyone came to a consensus that the length needs to be changed, then they can sign an additional agreement and write down this provision in it.

Based on the signed version, an order is issued, which also reflects the length. If there are no such conditions, then the person is considered accepted after the fact.

Working conditions at the beginning cannot be worse than after. This right is guaranteed by Art. 70 of the Labor Code of the Russian Federation. In addition, a real pact is immediately concluded with the employee. The employer cannot conclude a temporary deal, as this is not a basis for signing. This is a violation of the current legislation.

The same provision applies to fees. It cannot be less than that received by others in a similar position and with the same experience as a new specialist. That is, the party is not entitled to prescribe one amount of remuneration for the first time, and after - a different amount.

But the bosses found a way out of this situation without violating the norms of the Labor Code. They set low salaries for everyone, regardless of qualifications and experience. And then monthly bonuses are paid, taking into account these facts. Therefore, a new employee, as a rule, receives less than others.

Possibility of dismissal on probation simplified scheme regardless of who is the initiator. If one of the parties has come to the conclusion that these relations are impossible, then they are terminated without the participation of trade union organization and severance pay.

Who is not on probation?

The law establishes a certain circle of persons to whom professionalism assessment measures cannot be applied. The range of such categories is defined in Art. 70 of the Labor Code of the Russian Federation. These include:

• persons who are accepted for a vacant position based on the results of the competition;
• pregnant women, with a relevant certificate, and persons who have a child under the age of 1.5 years;
• underage applicants;
• those who are university graduates and who are employed for the first time within 1 year after graduation educational institution;
• applicants who are deliberately chosen;
• those with whom an agreement is concluded due to the transfer, if there is a corresponding agreement between these institutions;
• citizens who conclude a paper for 2 months;
• people of other categories, which are prescribed in other, more “narrow” regulations.

Exceeding the probation period

The maximum duration of the probationary period, according to the current legislation, is 3 months. That is, the employer does not have the right to evaluate the professionalism of his staff for more than this period.

But there are several categories for which it does not exceed the strictly legal time limit. Therefore, the employer first determines whether his new team member belongs to this category or not.

The value of more than 6 months is set for:

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

May not exceed more than 2 weeks for:

• concluding a deal from 2 months to six months;
• working seasonally.

From 3 to 6 months is established:

• for civil servants who are accepted for the first time;
• for persons who are transferred to the public service for the first time.

In more "narrow" regulations governing the activities various categories, other frames can be set. Therefore, if the director for conducting his activities is guided by such regulations, then he takes this into account when accepting newcomers.

If the framework is prescribed and does not exceed the duration established by law, then it can be changed. The manager has the right to reduce the time without good reason, but he cannot increase it.

However, there are such periods in the work that are not included in the overall passage. This is:

• a period of illness, that is, a frame can justify its absence with a sick leave;
• administrative leave, i.e. rest when not saved wage;
• study leave, that is, absence from the place due to training;
• the presence of a person in public works or the performance of public duties by him;
• absence from the workplace for other valid reasons.

In fact, these periods extend the time of a particular frame, although there are no changes in the document.

The probationary period applies to a fixed-term employment contract.

With an employee, you can conclude as perpetual contract, and the document defined by the moment of action. Such a moment is reached by agreement of the parties. The duration of the relationship is fixed in the contract. You can also apply verification to it, but with some nuances.

An urgent option can be issued only in certain cases. These are cases like:

• no more than 5 years;
• a specialist is hired to perform a certain amount of work, when the exact date of their completion cannot be determined. The contract says so;
• temporary absence of another performer. A common case is a woman's decree;
• performance of seasonal functions. For example, harvesting or sowing labors.

In other cases, it consists of an indefinite segment.

In case of urgent, the duration is also determined in the opinion of the parties, as in the case of indefinite. Apply general terms and Conditions destination. The length for a new person cannot also exceed 3 months. But if a newcomer is issued for 2 months to six months, then the boss cannot appoint more than 2 weeks. This situation arises when a performer, for example, is hired to perform seasonal functions.

If a person is accepted for less than 2 months, then the chief does not have the right to establish supervision. If he insists on doing so, then he is violating fundamental rights.

How long the probation period lasts - for sure, every first manager and every second employee has come across this question at least once. Meanwhile, the Labor Code contains the answer to this and many other questions related to the nuances of the probationary period.

Labor law

The probationary period is mentioned in article 70 of the Labor Code. Russian Federation"Employment test". Article 71 “The result of the test when applying for a job” stipulates not only the result of the test, but also some of the nuances of passing it

How long can a trial period last?

One of the most important issues related to the testing of employees is how long the probationary period has the right to establish the employer. After all, violation of the rights of an employee in terms of a probationary period threatens the employer with the same fines and administrative liability as any other violation of labor legislation.

Minimum trial period

The shortest probation period is two weeks. This number of days is set for those employees with whom a fixed-term employment contract is signed for two months or less.

In other cases, the minimum probationary period may last a month or two.

For civil servants and heads of organizations, chief accountants and their deputies, the minimum duration of the probationary period may be three months.

Maximum probation period

In general, the maximum probationary period shall be three months.

For those employees with whom a fixed-term employment contract is concluded for two months or less, of course, the probationary period cannot be so long. For them, the maximum duration of the test is two weeks.

The maximum duration of the probationary period for civil servants and managers at various levels can last twelve months, in some cases the maximum probationary period for this category of employees is six months.

Is it possible to shorten the trial period?

Since the probationary period is designed to ensure that the employer is convinced that the employee meets all the requirements for him, it may well happen that conclusions about the employee's professional suitability can be drawn even before the end of the test.

If the employee does not cope with his duties, you can not wait for the maximum duration of the probationary period, but warn him three days before the proposed dismissal and dismiss him as having not passed the test.

If, according to the results of the test, the employee coped with his duties well, his transfer from the trial period is not documented in any way - he simply continues to work. If, by the way, the employee did not cope with the probationary period, but at the end of the probation he was for some reason forgotten or did not manage to be fired, it is considered that he coped with the probation.

It should also be remembered that the trial period cannot exceed the previously established one. That is, if an employee was given a two-month trial, it is impossible to reinstall it for three months afterwards.