What is a probationary period for when applying for a job? Important design features. Contract for a trial period without registration

The term "probationary period" is familiar to everyone who has ever taken a job - it is a legal right for the employer, for 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 validity period must be indicated in the employment contract, the employee must familiarize himself with all the details of the test in advance. The entry in the labor should not include information about the probationary period.

What is a probationary period under 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 in order to assess the suitability of the employee for the position for which he is applying. At the same time, the conditions and duration of the test are prescribed in the employment contract itself.

Job test

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. It is important to remember that this is not a mandatory, but an additional condition of the 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 qualifications of the employee, there is no question of any probationary period.

Probationary period at the conclusion of 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 tend to offer the applicant for a position a small salary. The Labor Code does not stipulate any special payment conditions for this case, but it is also not directly prohibited to set a lower salary for this time.

Registration procedure

All conditions are prescribed 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 hiring order must indicate that the employee will be inspected for his suitability for the position held. One copy of the work contract is given to the employee.

Who should not be placed on probation

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

• those who went to the position through competition, in accordance with Russian law;
• pregnant women going on maternity leave soon;
• minor citizens;
• graduates of universities and other educational institutions for whom this is the first job;
• if the employee is elected to the chosen paid rate;
• when transferring from another organization, for example from Moscow.

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

• with temporary employment for up to two months;
• in the case when the employment contract is concluded before the end 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 of Federal significance and all those who came to the customs service on a competitive basis.

Length of probationary period for employment

The standard period of probation for employment is three months. Senior employees - managers, chief accountants, financial directors, their deputies can be tested for compliance with the position in terms of professional suitability for up to six months. Another case is fixed-term employment contracts for up to six months. Then this period should not exceed two weeks.

Minimum

The minimum test period for employment lasts two weeks, in the case when a fixed-term employment contract is concluded (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 period of work can be reduced.

Probation period extension

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

Maximum probationary period under the labor code

When concluding a 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 the maximum period of probation for employment is six months. These terms are prescribed in the Labor Code of the Russian Federation.

Early termination

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

Rights of an employee on probation

The labor legislation clearly states that an employee who is on a labor probation has exactly the same rights and obligations as the rest of the 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 the early termination of the employment contract.

Can I take sick leave?

An employee who is on a trial period has the right to take sick leave, the calculation of which will be calculated according to his average daily earnings. For the duration of the sick leave period, the labor test 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.

What determines the salary

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 cadre. The salary must be set according to the staffing table. This can be circumvented by simply introducing a reduced salary for "manager's assistants" or "assistant" into the staffing table, its size can be anything, but not less than one minimum wage (minimum wage). The employer is obliged to pay sick leave, overtime, work on holidays and weekends.

End of probation

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

• positive - both parties are satisfied with the work in the organization, then the employee is enrolled in the state according to the job description;
• negative - the employer is not satisfied with the quality and result of the applicant's work, a decision is made to terminate the contract (in the order, the reasons and evidence of the employee's negligence are indicated in the form).

The dismissal of an employee undergoing a test is always drawn up as detailed as possible, because there is a rather big chance that the employee will consider such actions unlawful and sue the employer. This can be avoided by proving that the employee violated the rules of work, safety precautions, did not follow instructions, was absent without a good reason. When hiring, you must receive a written notice from the employee with his signature that he was aware of all the internal regulations of the employer.

Video: work with a trial period

Nowadays, the process of selecting and hiring new employees in an organization is very time-consuming. A candidate for a vacancy is interviewed, which is often very difficult psychologically. In addition, the interview can be set by the employer more than once, and the person has to go through it in several stages. All this does not give a 100% guarantee that the employee will be suitable, therefore, in many organizations, a probationary period is set for new employees under the labor code. The conditions of the probationary period are stipulated in articles 70 and 71 of the Labor Code of the Russian Federation.

Why is this measure needed?

To check employees, a probationary period is established according to the Labor Code

Many are interested in what the probationary period is set for. This is done in order to determine whether the new employee is suitable for the duties assigned to him. The duration of the trial is determined by the internal requirements of the company, but the period for non-management positions cannot be longer than three months.

The test of an employee allows the employer to assess the professional capabilities of a new employee, and in case of unsatisfactory work, terminate the contract with him.

Who determines employment on special grounds?

The question of who sets the probationary period is decided by the direct management of the company and agreed with the recruitment department. Together, the management structures of the company decide on the advisability of establishing a probationary period, its validity period, and termination conditions.

The company's management conducts a test check of the candidate in order to determine his compliance with the position held. The following must be taken into account:

• The probationary period is set only for those employees who are newly hired. It cannot be set for those employees who already work in this company, but are transferred to another position and to another department, even to a higher position.
• Even before the employee begins to perform duties, he must be notified of the probationary period. An employment contract must be concluded with the employee in writing, containing its conditions in the column on the probationary period. Conditions can also be formalized as a separate agreement. If the probationary period is not formalized by an official document, then the conditions for its implementation have no legal force.
• The presence of a probationary period must be indicated not only in the employment contract, but also in the order for employment.
• The employee is obliged to confirm with his signature the fact of familiarization with the documents, while it is not necessary to put a mark on the assignment of a probationary period in the work book.
• In accordance with the Labor Code of the Russian Federation, a probationary period is negotiated between both parties. A note on mutual expression of will in the employment contract is mandatory. If the condition for testing an employee is written only in the order that the employee is accepted, then this is already a violation of human labor law. In this case, the conditions of the probationary period have no legal basis, and therefore are invalid.
• If the employment contract does not contain information about the probationary period, and the employee has already been admitted to work, then he was accepted without a test.
• It is prohibited by law to extend the period of probation, which is noted in the employment contract. But the days when the employee was absent due to illness are not included in the probationary period.
• After the expiration of the probationary period, if the employee remains in place, he is considered to be accepted into the staff of the organization.
• The employer may dismiss the employee before the end of the probationary period by notifying him of this in writing 3 days in advance, indicating the reason for the dismissal. The decision of the employer may be challenged in court.

When hiring an employee, they must be familiarized with all the regulatory documents of the enterprise and its main labor duties. The employee must certify the familiarization with the documents with a signature. During the probationary period, the employer may realize that the employee is not suitable for the position. Then the fact that the employee knew what duties were assigned to him, but did not cope with them, will be the reason for dismissing the employee as having not passed the test.

A separate issue - a fixed-term contract

The probationary period is set only for new employees.

Employers and job seekers are interested in whether it is possible to set a trial period for admission under a fixed-term contract, because a certain time period is already prescribed in such an agreement. Yes, an employer can establish a probationary period for an employee who has signed a fixed-term contract. If the contract is drawn up for a period of two to six months, then the trial period cannot be longer than 2 weeks.

Who is not accepted on probation?

The probationary period is not established for the following categories of persons:

• employees who were elected to the position through competitive selection)
• women at any stage of pregnancy, as well as mothers of children under the age of one and a half years)
• minors under the age of 18)
• persons who have received higher or secondary specialized education under the program of state accreditation (such a privilege applies to them within 1 year from the date of receipt of a diploma of relevant education))
• persons elected to elective office for paid work)
• employees who entered the position by transfer from another employer, if there was agreement between the employers)
• hired for up to two months.

In all of the above cases, a probationary period cannot be established.

If an employee, in the course of performing his official duties, comes to the conclusion that this work or organization is not suitable for him, he has the right to terminate the employment contract without waiting for the end of the probationary period. The employee must notify the employer of this in writing 3 days before the expected date of dismissal. The basis for dismissal in this case is the desire of the employee himself. The employer has no right to interfere with this and is obliged to pay the employee in a timely manner.

What is important to remember

According to the Labor Code in 2013, an employee on probation has the same rights as his full-time colleagues.

Therefore, such facts of infringement of the rights of an employee as a decrease in wages, a decrease in the level of bonuses and others are a violation of legislative labor standards.

The trial period is included in the length of service. During the period of disability of the employee, he, like other employees, is subject to social benefits. He also receives additional pay for extracurricular work.

Has the test been passed?

There are a number of reasons why a probationary period cannot be established.

Employers do not seek to accept those employees who often get sick or ask for time off, so they often dismiss them at the end of the probationary period, citing the fact that the employee has not coped with his direct labor duties. Evidence confirming that the employee successfully copes with his labor duties will help not to be in a similar situation. It is better to collect them immediately, from the first working day.

• On the first day of work, the employee must receive a job description from the employer.
• If certain difficulties arise in the course of work through no fault of the employee, he must notify his immediate superior with a memo.
• If in the process of work the employee did not receive disciplinary sanctions, then this characterizes him as an employee who copes with his official duties.
• If, nevertheless, the employer has good reasons to dismiss an employee who does not cope with his duties, he cannot do this during the absence of the employee from the workplace due to illness or other good reason, including during vacation. If this happens, the employee has the right to go to court, and the decision (if there is evidence) will be made in his favor.

Many employees, due to ignorance of their rights and obligations, can lose not only time, but also a promising job. Knowing his rights, the employee can always appeal to them in the process of resolving difficult situations that have arisen in relations with the employer. In cases where there are violations of labor laws by the employer or employee, you need to contact the relevant authorities.

Almost every organization in employment stipulates a mandatory condition for testing a worker in order to verify his professionalism, what is a probationary period, we will consider below.

The trial period is a certain time period during which the employer checks the applicant for professional suitability. That is, during this time period, the employer will observe the actions of the employee, using various methods. This also applies to the behavior of the applicant in relation to colleagues.

What is a trial period and how long does it last?

The test lasts no more than 3 months, it all depends on the type of work, for example, for managerial positions, the probationary period is no more than 6 months. If during the entire check, the employee has fully coped with his professional actions, then the probationary period is considered to be successfully completed. When hiring, the concept of a probationary period is not always mandatory, but it is always prescribed in the employment contract.

If an employee is admitted to work without drawing up an employment contract, then all the conditions for a probationary period can be included in the contract only if both parties have drawn it up before starting work as a separate agreement. Thus, concept of probation without signing an employment contract is not established.

The law established certain categories of citizens on which The probationary period does not apply:

Persons who were elected as a result of a competitive program to fill a specific vacancy;
Women who have children under one and a half years old, as well as pregnant women;
Persons under the age of 18;
Citizens who graduated from an educational institution of higher, secondary and primary vocational education, with the obligatory presence of state accreditation, and for the first time entering the labor activity in the specialty received, but only within 1 year, from the day when the training at the educational institution was completed ;
Persons who are invited to work as a transfer from another company by mutual agreement of both employers;
Citizens elected to a certain position for paid labor activity;
Persons who have entered into a temporary employment contract up to 2 months.

If you belong to one of the categories described above, despite this, you still have a probationary period, its conditions are not valid, since employment contracts do not contain conditions that can reduce the level of guarantees for workers or restrict rights. If such conditions are contained in the employment contract, then they are not subject to application (Article 9 of the Labor Code of Russia).

Probation should not exceed 3 months, and for senior level positions, their deputies, chief accountants, heads of representative offices or other separate structural divisions of the company - the trial period is 6 months.

The probationary period does not include the temporary period of disability of the hired worker, as well as other periods when he was actually not at work (Article 70, Part 7 of the Labor Code of Russia).

If a longer period of testing is prescribed in the employment contract, then it is considered completed on the basis of 3 months from the moment when labor activity began. In other words, an employee cannot be fired because of an unsatisfied test result after 4 months from the start.

Summarize

The trial period is a certain period of time when the employer checks the applicant for professionalism and sociability. During this test period, the employee must comply with all the provisions that are prescribed in the employment contract and other regulations containing labor law, agreements, collective agreements and local regulations.

That is, the employee, during the probationary period, is a full-fledged employee of the enterprise, who can be fired in case of violation of the legal norms prescribed in the employment contract or code.

During the trial period, the employee has the right to use all the guarantees that are provided for by labor legislation, for example, he can use additional days off in connection with voluntary blood donation, take study leave, go on maternity leave, etc.

If it is customary in an organization to reward an employee at the end of the probationary period under certain indicators, then the manager is obliged to pay him a bonus. During the trial period, the employee has the right to quit on his own initiative, notifying his employer 3 days in advance in writing (Article 71, Part 4 of the Labor Code of Russia).

Due to dissatisfaction with the passage of the test (Article 71, Part 1 of the Labor Code of Russia), the employer has the right to terminate the employment contract with the employee, even before the expiration of the test.

If the employer did not notify you in a timely manner of the termination of the contract due to an unsatisfactory test result, he risks being held administratively liable.

We hope you are now more aware of what a probationary period is, its terms and legal regulations.

Probationary period (IP) - a test of the professional skills and discipline of the employee. During this period, the employer will be able to assess the work capacity of the employee, his relationship in the team and other qualities. The employee, in turn, will be able to draw his own conclusions - whether the working conditions are suitable for him, whether he will cope with his duties, etc.

Test period according to the Labor Code of the Russian Federation

The standard form of the employment contract does not contain a clause on the probationary period, however, labor legislation does not prohibit the employer from making it. This paragraph should indicate that the employee is assigned a test of a certain duration upon hiring. You can download a sample employment contract for admission for a trial period.

An IP clause must also be included in the admission order. His sample is invited to view.

The probation period, in accordance with Article 70 of the Labor Code of Russia, is included in the employment contract only with the consent of both parties. This condition cannot be established by order of the employer. Also, the condition on IP cannot be included in the local acts of the organization, which the employee gets acquainted with after enrolling in the state.

Important! If the applicant does not agree to pass the probation period, and the employer insists on this, refusing to hire without the employee complying with this condition, the first has the right to go to court to resolve the situation.

It is prohibited by the labor code to introduce an IP clause after the conclusion of the contract, even with the agreement of both parties, so most organizations try to immediately stipulate this condition with the job seeker when hiring.

IP does not release the employer from all obligations to the employee, as if the employment were on a permanent basis.

When not to install IS?

Certain persons, in accordance with Article 70 of the Labor Code of the Russian Federation, are preferential to IP, i.e., when hiring, a verification period cannot be assigned to them. So, IP is not installed in the following cases:

• a person under the age of 18 is employed;
• the applicant is a woman in the position or mother of a child under 1.5 years old;
• a person gets a job for the first time immediately after graduation (within a year after graduation from a secondary or higher educational institution);
• if the employee is accepted on the basis of a competition;
• if the employee is invited by transfer.

Based on the list, it is important to note that IP can only be established for new employees, that is, for employees of an enterprise who are assigned a transfer or promotion, IP cannot be established.

IP duration

The minimum period of probation is not established in the Labor Code. The employer independently decides for how long to assign IP for the applicant. However, the maximum period for passing the test is clearly stated in the labor code - no more than three months.

The term of IP is allowed longer, but not more than six months, if the company hires a person for the position:

• leader;
• chief accountant;
• their deputies.

When a civil servant is hired, the maximum probationary period may be 12 months.

It should be noted that the actual absence from the workplace is not included in the test period, and in this case it is no exception. That is, if in fact the employer could not assess the professional qualities of the applicant, he has the right to extend the verification period for the period during which the applicant was absent.

If during the IS the employee is transferred to another position, the verification period is considered to be over.

Reducing the verification period is not considered an infringement of the employee's labor rights and is at the discretion of the employer.

Probationary period and work experience

After signing an employment agreement with a probationary clause, the employer must issue an employment order in accordance with the T-1 form. Its form can be downloaded.

Further, the documents are sent to the personnel department to establish a personal file of the employee and make the appropriate one. The latter does not indicate the test period, only the date of enrollment in the state and the position of the employee. Accordingly, IP is included in the length of service.

IP under a fixed-term employment contract

Fixed-term employment contract - hiring an employee for a short period, for example, to perform seasonal work or for the period of absence of the main employee (for example, if he went on maternity leave).

If an employee is hired for less than 2 months, IP is not assigned, because this will be a violation of his labor rights. The appointment of such a term is possible in the following cases:

• if the employee is hired for a short period (from 2 to 6 months), however, the IP cannot last longer than 14 days;
• if the fixed-term contract is drawn up for a longer period. The probation period for an employee is extended at the discretion of the employer.

A sample fixed-term employment contract with a trial period can be downloaded.

It is important to know! A feature of a fixed-term contract is the lack of an employee's ability. An exception is the occurrence of serious health problems, the assignment of disability.

What is the probation period for an employee?

From the first day of work, one of the specialists of the organization is assigned to the employee to whom the IP is assigned, who will:

• conduct testing;
• be responsible for the quality of the test;
• give marks for the work done.

The employee must take into account that the quality of the trial period can play both in his favor and against!

At the end of the verification period, the employer may create a commission to evaluate the results obtained, as a result of which a decision is made - or continue cooperation on an ongoing basis.

Dismissing an employee during the probationary period

In the event that the employer was not satisfied with the new employee hired on the basis of IP, and a decision was made to dismiss him, the employee must be notified of this at least three working days in advance, and it is better to do this in writing, for example, according to the following model:

In addition, this notice must be accompanied by a document showing the reason for dismissal. Without a substantiated certificate of non-compliance of the employee with the requirements of the employer, the first has the right to go to court for violation of labor rights in accordance with the Labor Code of the Russian Federation. In this situation, oral explanations of the employer in court about the reasons for the dismissal of the employee will not be enough.

Therefore, any violation, including unsatisfactory quality of work or violation of official discipline, must be documented.

Reasons for dismissal at IS may be:

• memos of the manager about the low working capacity of the employee;
• explanatory employee regarding violations of labor standards;
• an order to prosecute for breach of discipline.

Important! The employee must confirm familiarization with the document drawn up with a signature.

How to quit during IS?

If during the IS the employee finds out that this position, working conditions or other factors do not meet his requirements, he has the right to apply for resignation. His sample is presented.

You can quit your job at IP in a more simplified form by notifying management of your resignation in just 3 days. This is the minimum period that an employer needs to find a new employee. This is an advantage of employment with an IP condition, because when concluding a contract on an ongoing basis, you will have to warn of dismissal at least 2 weeks in advance. In all other respects, an employee on IP has the same rights and obligations as other employees.

If the employer agrees to dismiss the employee earlier, you can quit without a three-day working off. On the same day, after the signing of an urgent leave agreement by both parties, an order must be prepared to dismiss the employee at his own request. In this case, you can not go to work from the next day.

Within 10 working days after signing the dismissal order, the employer must issue to the resigned employee:

• work book;
• salary for the period worked;
• (in the presence of);
• (if there is one in the collective agreement or local act).

Video consultation

Lawyer of the non-profit organization TsSTP Ksenia Mikhailichenko will tell you everything about the probationary period in the video from the Video ABC of Labor Rights series:

In conclusion, it is worth adding that the terms of IP, its duration and other details can always be negotiated with the employer and come to a general agreement. If, after the expiration of the established verification period, the employee has not received any notifications from the manager, this means that the probationary period has expired and the employee remains in his position.