The maximum period of the probationary period according to the Labor Code of the Russian Federation. Employment with a probationary period - duration, amount of payment and rights of an employee according to the Labor Code of the Russian Federation

The procedure for establishing a probationary period for employment

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Legislation allows employers to set a deadline for checking the business qualities of an employee when hiring. At the same time, the provisions of the Labor Code of the Russian Federation control all the nuances associated with the probationary period.

Probationary period according to the labor code - concept

The probationary period for employment is the period during which the employer must assess the business qualities of the employee and understand whether he is suitable for the job.

Only business qualities are evaluated, it is impossible to consider an employee who has not passed the probationary period if, for example, he was on sick leave several times, or his belonging to a particular nation or religion was found out.

The definition of the business qualities of an employee can be found in the Decree of the Plenum of the Supreme Court of the Russian Federation of March 17, 2004 No. 2.
During the period of the probationary period, the employee is subject to all benefits and guarantees established by labor legislation and local acts companies.

Design nuances

The condition that the employee is set a probationary period must be indicated in his employment contract and the order for admission.

The trial period does not apply to working conditions, which must be reflected in the text. employment contract, That's why this information may be missing.

If a probationary period is not established in the text of the employment contract, then by default it is considered that the employee was hired without him and, accordingly, he can no longer be dismissed as having not passed the probationary period.
Article 70 of the Labor Code of the Russian Federation says that the probationary period can be established by agreement of the parties. at the same time, it is not necessary to draw up an employment contract signed by both parties, in which a probationary period is prescribed, indicates the achievement of an agreement between the parties.

You can download an employment contract indicating a probationary period.
The only exception is the case when an employee is allowed to work without first concluding an employment contract. In this case, a probationary period can only be established by concluding an agreement to this effect before the employee has taken up his duties.
That is, the main condition for the appointment of a probationary period is the fact of its establishment and approval before the employee begins to fulfill his duties.

The amount of wages for the trial period

The employer does not have the right to hire a person without concluding an employment contract with him, and accordingly he must establish a wage for his work.
The provisions of Article 132 of the Labor Code of the Russian Federation prohibit discrimination against employees in matters of remuneration. Accordingly, a person who has a probationary period is entitled to the wages established for this position. staffing and Regulations on wages. This also includes incentive payments (bonuses).

If the employer does not pay or deprives the employee of the bonus only on the basis that he is on probation, this is illegal.

Can I take sick leave?

During the period of probation, the employee has all the rights to social guarantees provided for by the current legislation. Including for the payment of a leaf on temporary incapacity for work.
That is, he can take sick leave during the probationary period. The only thing he must take into account is that the probationary period can be extended by the number of days of incapacity for work.

Read also: How to write an application for employment of an individual entrepreneur?

Does experience count?

The fact of establishing a probationary period is not reflected in the work book. The employee is given the usual record that he has been hired.

The condition of the employer that he will not fill out (start) the work book of the employee before the end of the probationary period is illegal. He must issue this document within 5 days from the moment the employee began his duties.

Accordingly, the duration of the probationary period will be included, since the employer will be required to pay all contributions to the FIU for the employee.

Test dates

Labor Code, in particular, regulates the terms that the employer can set as probationary for one or another category of employees.

Maximum

The maximum probationary period for employment is limited to the following periods:

• Six months - for employees who are heads of organizations or separate subdivisions, their deputies. Or they are accepted for the position of chief accountant or his deputy.
• Two weeks - for temporary employees, whose term of work varies from 2 to 6 months.
• Three months - for all categories of workers who are not included in the two previous categories and with the exception of those for whom it is prohibited to establish a probationary period.

These periods are maximum, and the employer cannot extend them either at will or by agreement of the parties.

Read also: Letter of guarantee about hiring: the procedure for registration

Minimum

There is no minimum probation period set by law. This is at the discretion of the employer. He can assign an employee a period for testing even one day. The main condition is not to exceed the maximum threshold established by law.
The probationary period can be assigned individually to each employee, or it can be prescribed in local regulations and set the duration for certain categories of employees.
For example, for specialists it can be 3 months, and for support staff 1 month.

Can it be extended?

The legislation establishes only one reason for extending the probationary period - the actual absence of a person at the workplace (sick leave, vacation, etc.). In this case, it is extended strictly by the number of days of absence.
That is, it is impossible to extend the probationary period only on the grounds that the employer did not have time to decide whether the employee is suitable for him or not. Even if the deadline was less than the maximum allowed amount.

The duration of the probationary period is concluded upon signing the employment contract and is not subject to change.

If the probationary period has ended, and the person by default continues his labor activity at this employer, he is considered to have passed it successfully.

Important! The probationary period is calculated in calendar days, and, accordingly, it also includes weekends set according to the work schedule or shift schedule.

Dismissal on probation

The probationary period provides for the following nuances upon dismissal:

1. During the trial period, the management of the enterprise came to the conclusion that the business qualities of the employee did not meet the requirements. On this basis, the employee can be fired, competently arguing the motives. Ideally this should be detailed description. If you dismiss an employee with the wording “failed to cope with his duties,” then he can easily challenge this dismissal.
2. If the employee concludes that this work does not suit him, he writes a letter of resignation for own will. In this case, it is not necessary to motivate the dismissal and explain the reasons, a simple desire is enough.

In both cases, the period of notice of dismissal is three days. That is, either the employer warns the employee that the contract with him is terminated, or the employee informs the employer that he is leaving in three days.
Regardless of the reason for the dismissal, the employee must be paid all due to him sums of money and the payment must be made within the stipulated time.

The only thing that is not allowed to be paid is severance pay.

The fact that an employee is on probation does not exclude the possibility of dismissal on other grounds. For example, for a single gross violation or to reduce staff.

Probationary period for a fixed-term employment contract

The establishment of a probationary period at the conclusion of a temporary employment contract is carried out on a general basis, with the exception of the cases specified below:

1. If the term of the employment contract is less than two months, then a probationary period cannot be established.
2. If the term of the employment contract is two or more months, but not more than six months, the maximum duration of the probationary period is reduced to 14 days.

When hiring a new employee, the employer risks to a certain extent: the vacancy for which the candidate is applying involves the performance of certain functions that require the employee to have skills, professional knowledge and experience, and the actual skill level of the employee may not correspond to them. Russian laws help companies and organizations mitigate risk by giving employers the right to hire first-time employees on probation. During this period, the employee demonstrates the level of his professionalism and compliance with the place, and based on the results of the assessment of labor activity, a decision is made to accept him in a permanent staff or to terminate him labor relations.

Definition

The Labor Code defines the probationary period as a period of time set by the employer to check the professionalism of a newly hired employee, his personal qualities as an employee, competence and compliance with the totality of the characteristics of the employee in his position.

The test is not strictly mandatory: the law says that its establishment is a right, but a duty, and an employer who wants to accept a person with a trial period must obtain his consent to this. The laws also prescribe the duration of the probationary period. These norms are governed by certain rules that are binding on any organization.

What does the Labor Code of the Russian Federation say

Articles 70-71 of the Code contain legislative norms related to the trial period. But it should be remembered that a person, even accepted into the company for a trial period, has other rights listed in the Labor Code. Apply to the subject and the provisions of others relating to labor law, laws and regulations. Consequently, such an employee has the full range of rights (and with them the duties) regulated by the Labor Code, and is responsible for his actions.

Probationary period and employment contract

As follows from the above, a trial can only be established if both parties agree to it. The absence of the consent of one of the parties, as well as the concealment from one of the parties to the agreement of the fact of establishing a trial period, is flagrant violation law. In a situation where the parties agreed to a trial period and determined its duration, this fact is indicated in the contract and is confirmed by the signatures of the parties. If the contract does not say anything about a probationary period, the person is considered taken to the position without any tests.

The clause on the probationary period is optional, that is, the parties have the right to change its terms by agreement. But these changes must be certain rules: the deterioration of the position of the employee is unacceptable, all his rights under the Labor Code and other laws governing labor relations must be respected. There are times when a person starts his professional duties but the contract has not yet been finalized. In such cases, the established probationary period is drawn up as a separate paper, as an additional agreement, before the employee begins to perform his duties.

In addition to the employment contract, the probationary period clause is reflected in the administration's order for the admission of a newcomer to the position. The order can be issued only after the signing by the parties of the contract, in which the paragraph of the probationary period was also not forgotten. If it is not in one of the documents, the establishment of the period is invalid, and the specialist is enrolled in the state immediately on an ongoing basis.

When the test is not set

The Labor Code defines situations when employees are hired for a vacant position without setting a probationary period.

The test is not assigned:

• those who were taken by competition to fill a vacant position;
• pregnant women, as well as mothers caring for babies up to one and a half years;
• teenagers under 18;
• graduates of state-accredited universities, if they get a job for the first time in their specialty and within a year from the date of graduation from the institute;
• those who have been elected to office;
• employees who came to work from other companies, having been transferred;
• temporarily employed persons (working under a contract for no more than 2 months);
• in other cases determined by laws.

How long is the term

The law defines the maximum possible duration of the probationary period: it cannot be more than three months. For certain categories of persons, different terms can be set, since the law delimits its duration for a number of positions. So, the test period is not more than six months:

• heads and deputy heads of companies and enterprises;
• heads of branches, departments, representative offices of companies and structural divisions of institutions;
• chief accountants and their deputies.

A maximum of 2 weeks is set for seasonal workers, and those with whom a contract has been concluded from 2 months to six months. A 3-6-month period is set for civil servants hired for the first time or transferred to the civil service. Other terms are also possible, determined by separate Russian laws.

Is it possible to extend the trial period?

As mentioned above, the TC defines a maximum duration of 3 months, and the parties must give their consent to this, and the clause on the period is included in the contract. The head does not have the right to extend the test, but can reduce it, if necessary and justified.

The period does not include:

• temporary disability (sick leave);
• the time when the employee is on an unscheduled, unpaid leave;
• going on leave for educational reasons;
• periods when a person performed state and public duties;
• other periods of absence from work.

The test does not include all periods of a person's actual absence from work. When the employee returns and takes up duties, the countdown is restored.

Termination of employment relationship

If the manager considers that the results of the probationary period are unsatisfactory, according to the law, he has the right to dismiss the employee. But it's important to remember that this action must also be made by agreement between the employer and the employee.

To terminate the contract early, you must:

1. Have a probationary period stipulated in the employment contract.
2. Officially notify the employee of the dismissal. The term is determined by law: three days before termination.
3. The trial period must not expire at the time of termination.

A warning is made in writing, listing all legal norms and grounds for expelling an employee from the state. Article 71 of the Labor Code establishes the right of the employee himself to quit early. If the employee considers that for some reason the position held is not suitable or unacceptable for him, he must notify the employer in writing of his desire to terminate the contract, also 3 days in advance.

When the parties have decided to terminate the contract, the employer issues a dismissal order, but it is issued during the period when the probationary period is relevant. When the order is issued, the enterprise must spend three working days with former employee full calculation.

Documentation of a successful / unsuccessful trial period

The decision on the success or failure of the employee to pass the test is made by the employer. If a decision is made about the success of the candidate for the position, no additional actions are taken. A person simply continues to perform his duties on the terms specified in the employment contract, this is not additionally formalized. The entry of an employee into the state occurs automatically.

The situation will be somewhat different if the employer considers that the candidate has failed the test. In this case, the management has a legal right to dismiss the employee. But this decision must be supported by evidence and properly argued.

The evidence includes:

1. Characteristics of the employee, compiled by the head of the organization in writing. The document describes and lists the qualities of a person both as a person and as an employee, evaluates his knowledge of labor regulations. In the description, the manager makes a conclusion about the ability of the employee to perform professional activities. The employee must be introduced to the characteristic, and he puts his signature under it.
2. Feedback on the passage of a new probationary period. The document is written by the immediate supervisor (they may be a foreman or foreman, head of the unit and other managers). The review lists observations of the candidate's work, conclusions about the results of his work, comments and possible suggestions.
3. Disciplinary action imposed on the employee and confirmed by the relevant order.
4. Report, which refers to the inadequate level of performance, or complete failure to perform job duties.
5. A disciplinary offense confirmed by an act or a committed offense.
6. Explanatory, in which the employee sets out the reasons for the poor performance of his tasks and functions or their complete failure.
7. Other protocols, notes and acts. They record violations by the employee of the terms of the employment contract, poor-quality performance of work or complete failure to fulfill labor duties.

An employee who has failed the probationary period is dismissed according to a special procedure, which includes certain stages:

1. At the first step, according to part 1 of Art. 71 of the Labor Code, the employee is notified in writing of the dismissal. The notification document is made in paper form, it indicates the grounds and reasons for which the employee is dismissed. Evidence of the unsatisfactory work of the employee is attached to the notification. Upon receipt of the notification, the employee must sign each copy, one of which remains with him, and the second is transferred to the organization. A situation is possible when an employee refuses to put his signature. In this case, an act is drawn up that records that the employer has complied with all legal requirements in relation to the employee.
2. In the second step, a dismissal order is issued. When a decision is made to dismiss an employee, documentary evidence of his service inconsistency is collected, the company's management issues an order according to which the employment contract is terminated. The order must be issued no more than 3 days before the expected date of dismissal.
3. The next is the calculation with the employee. On the last day of the employment contract, all due payments must be made to the employee.
4. Issuance on hand work book. On the last day, the dismissed person is issued a work book, this fact is recorded by the signature of the person in the accounting book.

Salary during trial period

Labor law states that employees who are on probation and officially hired have all the same rights as permanent employees of the organization.

The Labor Code does not indicate that those undergoing a test are entitled to any specific amounts of payments that differ from the salary of those who work permanently in a particular position. Accrual and payments are made in accordance with the law and under the terms of the employment contract. If the contract provides for a probationary period with a lower salary that does not comply with the norms of the law, then the employee can recover through the court the money that he did not receive as a result of such actions of the employer.

In the course of labor relations, the company and the employee may have various disagreements on the amounts and procedure for paying salaries. To resolve these issues, the law provides for several ways:

• the salary for the probationary period is fixed in the contract signed by both parties. A specific amount must be indicated for a test period clearly specified in the contract;
• when the probationary period ends and the employee successfully passes it, a decision is made to continue to fulfill his labor duties, and the organization concludes an additional agreement with its already permanent employee to the contract, which prescribes an increase in salary;
• throughout the enterprise or in its individual structural divisions, a regulation is developed and issued, which fixes the procedure and conditions bonus payments, as well as other allowances and incentives that depend on the achievements of employees and their seniority at the enterprise.

If an employee quits after the end of the probationary period, the company settles accounts with him on a general basis, in accordance with the requirements of the law. The employee is paid:

• the salary stipulated by the employment contract in full;
• payment of funds for vacation not taken off by the employee (if any).

Severance pay is not paid to an employee who leaves after the expiration of the probationary period.

Temporary disability and probationary leave

The law guarantees every employee, whether he works on a permanent basis or on a trial period, the right to leave and sick leave. The employer cannot deny his employee the exercise of these rights, even if the probationary period has not yet expired.

If an employee goes on sick leave, this fact must be confirmed by a certificate of incapacity for work. The document is issued medical institution, to which the employee applied for help after the treatment was completed. At the same time, as mentioned earlier, the time spent on sick leave does not count towards the probationary period.

A sick worker is entitled to compensation payments by disability. Their size is determined based on the length of service of the employee and his average salary.

When leaving, the employee has the right to receive payments for vacation that he did not have time to use. This right fixed by law. It does not matter whether a person leaves during the probationary period, or after its completion. It should be borne in mind that an employee who was on probation could not work out a full one-year period. When calculating vacation compensation for him, the number of days / months worked is taken as a basis.

Rules for calculating the period of work:

• periods less than half a month are excluded from the calculation;
• if the terms cover more than half a month, then such a period is rounded up to a whole month. That is, 2 months and 16 days, for example, are rounded up to three.

The probationary period is legally introduced and is intended to optimize the relationship in the field of work between the employer and the new employee. To minimize possible problems and disagreements, it is extremely important to complete all required personnel, financial and other documents in a timely and correct manner. And then, if the whole procedure is carried out correctly, the trial period will serve to establish a long and productive relationship between the participants in the employment relationship.

Almost every able-bodied Russian one day has to find a job in new job. Most of the newly minted workers in their employment contract find a clause on the mandatory passage of a probationary period. Labor law provides for some exceptions. The employing company is in principle deprived of the right to arrange test periods for certain categories of citizens. Unfortunately, not all working citizens are familiar with their rights in the sphere of work, know how to use and defend them. Such situations lead to abuse by unscrupulous employers.

What is a probationary period

The concept of a probationary period is regulated by articles 70 and 71 of the Labor Code of the Russian Federation. The probationary period is the time allotted for the employer to evaluate the professional skills and personal qualities newly accepted candidate. The duration of the probationary period may vary and depends on the level of the position for which the employee was hired, as well as on the nature of the work performed. The condition for the presence of a probationary period when hiring in without fail is prescribed in the employment contract with the citizen being hired. In turn, the employee also has the right to use this period of test work in order to evaluate factors that are significant for him, for example, working conditions, mood in the work team, characteristics of colleagues and immediate supervisor. If one of the parties finds that something does not suit her, the employment contract can be terminated. The initiator of the termination of the contract can be both the employee and the employer.

Video: probationary period for employment

Is a probationary period included in the length of service?

The probationary period is included in the length of service, and a record that the employee has started work for a probationary period is not entered in the work book. After signing the employment contract, the enterprise issues an appropriate order, on the basis of which a standard entry is made in the work book about hiring in a specific position.

So that the newly minted employee can avoid unnecessary worry about whether the probationary period is included in the length of service in each case or not, he is recommended to make every effort to get a signed employment contract in the very first days at a new place.

How is a probationary period different from an internship?

The difference between an internship and a probationary period is the term for concluding an employment contract. In the case of a probationary period, an employment contract is concluded before the start of direct labor activity, and an internship implies that an employment contract will or will not be signed by the parties based on the results of the internship. If specialists of any level, up to directors and top managers, can take a probationary period, then as a rule, recent graduates who are employed for the first time participate in internships. There are also internships for employees who have radically changed their field of activity and do not yet have sufficient qualifications in a new type of activity.

The Labor Code of the Russian Federation informs that the employer is supposed to conclude a fixed-term employment contract with the intern. Otherwise, the procedure for passing the internship, as well as its content and the conditions under which the internship is considered successfully completed, are determined individually in each organization. The relevant rules are fixed in the local documentation of the enterprise.

Video: what is an internship

Probationary period

Period length entrance examinations may vary depending on the position held, the nature of the work, as well as other internal conditions at the enterprise where the employee is employed.

Maximum and minimum probation period

In most cases, for ordinary positions, the probationary period cannot last longer than three months. Employees hired for leadership positions are subject to management scrutiny over a six-month period. If a probationary period condition is included in fixed-term contract between two and six months, such trial period may not exceed two weeks. Periods of temporary incapacity for work for any reason, as well as days in which the employee was absent from the workplace, are not taken into account on the probationary period.

Can the trial period be extended?

In some cases, the employer may take the initiative to increase the length of the probationary period. From the point of view of the employer, the need to extend the test period for a new employee may arise if, after the agreed period of work, the employer has not been able to verify that the candidate’s qualification level meets the requirements, or if the employer is not sure that the adaptation of the new employee in the team was successful. Regarding the legality of extending the test period of work, there are two opposing opinions.

Supporters of the ban on extending the period under review include, in particular, the Federal Service for Labor and Employment. Such an addition to an already concluded contract will be considered void, since it will mean a deterioration in the position of the employee compared to previously agreed conditions (see Letter of Rostrud dated 03/02/2011 N 520–6-1 and). However, federal laws allow some exceptions to this rule. So, in accordance with the provisions of the Federal Law of January 17, 1992 N 2202-1 "On the Prosecutor's Office", citizens who have entered the service of the prosecutor's office can receive an extension of the probationary period within six calendar months by agreement of the parties. At the same time, an additionally appointed trial period must also be documented and with the consent of both parties to the transaction. Most often, an additional agreement to the main contract is used for this.

Labor law specialists who consider the extension of the probationary period legitimate argue their position as follows. General rule, set out in Article 72 of the Labor Code of the Russian Federation, allows for amendments to certain conditions of an employment contract by mutual agreement of the parties. At the same time, for each of the categories of workers, the maximum duration of labor tests is legally established. Thus, if the employer has received the consent of the employee to extend the probationary period, they can conclude an additional agreement to the main labor contract. The main condition of this agreement will be that the extended trial period will not exceed the terms specified in the legislation for this category of workers.

Early termination of the trial period

Early termination of the probationary period is possible when the employer wants to reward the accepted employee for special success during the test trials. As with the extension of the probationary period, its early termination requires appropriate documentation and the consent of both parties. The employer and the employee enter into an agreement on the early termination of the probationary period (see explanation Federal Service on labor and employment N 1329-6-1 dated May 17, 2011).

In addition, there are a number of other reasons for the early termination of trials. These reasons are not related to the direct results of the employee's activities in the workplace:

• the employee was admitted to study at a higher educational institution;
• the employee found a relative in need of constant care;
• the newly hired employee provided documents confirming pregnancy or the presence of a child under the age of one and a half years.

Features of the installation and passage of a probationary period for certain categories of workers

For some categories of citizens in determining the procedure for passing the probationary period, there are some features. These categories include, in particular, civil servants, seasonal workers, persons working part-time.

Features of organizing a probationary period for civil servants are regulated by Article 27 of the Federal Law “On the State Civil Service Russian Federation". In the case when a citizen is first accepted into the civil service, the duration of the test period of work for him can vary from one to twelve months. For professionals with experience in state structures appointed to a new position in the order of transfer from another state organization The duration of the probationary period is from one to six months. From one to twelve months, an employee appointed to such a public position may also be tested, the decision on accepting and dismissing from it can only be taken by the President or the Government of the Russian Federation. If the employer considers the test results unsatisfactory, the service contract with the employee may be terminated. An appropriate written notice indicating the reasons for termination must be received by the employee no later than three days before the date of termination of the contract.

Employment contracts for employees for the season most often differ in short duration. For a contract lasting from two to six months, the term for checking the competencies of an employee cannot exceed two weeks. If the contract is concluded for a period of not more than two months, a probationary period cannot be established in principle.

For persons working part-time, it is possible various situations when the appointment of a probationary period is regulated general rules, as well as when the appointment of a probationary period is in principle illegal. In particular, if an employee is employed part-time in a company that is not his main employer, a probationary period may be assigned to him in this company on a general basis. If the employee plans to combine two similar types of activities in one enterprise, the appointment of a probationary period will be illegal, since the employee has already proven his competence.

Video: labor rights for pregnant women

Regulation on probation

The legislation does not require the creation of a separate provision on the probationary period, however, many companies practice issuing such a local regulation. This document describes in as much detail as possible the procedure for organizing a probationary period for newly hired employees. In particular, from it you can find out who is obliged to draw up a task for the probationary period, who, in what time frame and by what principles evaluates the success of the candidate in the probationary period, and so on. The following is a sample probation statement.

Regulation on probation. Sample.

1. GENERAL PROVISIONS.

1.1. The probationary period is the last stage in assessing the professional suitability of a candidate for a vacancy.

1.2. The purpose of the probationary period is to check the compliance of the specialist with the activity assigned to him directly in the working environment.

1.3. The probationary period shall not exceed three months.

1.4. The duration of the probationary period is indicated in the employment contract and in the order for employment (Articles 68, 70 of the Labor Code of the Russian Federation).

1.5. The probationary period does not include a period of temporary disability and other periods when the employee was absent from work for good reasons (Article 70 of the Labor Code of the Russian Federation).

1.6. The trial period may be reduced to a duration of at least 1 month. The basis for reducing the probationary period is the decision of the Rector (or First Vice-Rector) of the University, confirmed by satisfactory test results.

1.7. If the result of the test is unsatisfactory, the dismissal of the employee is carried out at the initiative of the university administration without the consent of the trade union body and without the payment of severance pay, with the wording "as if he did not pass the test" (Article 71 of the Labor Code of the Russian Federation).

1.8. If the probationary period has expired, and the employee continues to work, he is considered to have passed the probation. Subsequent termination of the employment contract is carried out only on a general basis (Article 71 of the Labor Code of the Russian Federation).

2. ORDER OF PASSING THE PROBATION PERIOD.

2.1. On the first day after the newly hired employee enters work, the immediate supervisor:

2.1.1. Conducts an informational conversation about the conditions of professional activity (Appendix 3);

2.1.2. Introduces the new employee to the job description. The employee certifies with his signature that he is familiar with the job description, agrees to carry out the tasks listed in it functional responsibilities. The job description is issued to the employee. A copy signed by the employee remains with the immediate supervisor;

2.1.3. Introduces the employee to the Regulations on the division and other local acts regulating the activities of the division and the activities of the employee.

2.1.4. Appoints a curator - an employee of the unit who has worked in this position for at least six months or the most qualified employee of the unit, and in the absence of such, supervision is assigned to the immediate supervisor or head of the unit;

2.1.5. If a probationary period is established for an employee hired for the position of head structural unit or vice-rector, then the most qualified employee of this unit or another higher head, immediate supervisor and head of the unit - the dean of the faculty, vice-rector by affiliation, or the rector of the university can be appointed as the curator.

2.2. Organization of probation.

2.2.1. The probationary period can take place in one (if, with successful work during the first month of the probationary period, the latter was reduced to 1 month) or two stages (if the probationary period was not reduced).

2.2.2. The immediate supervisor with a new employee, during the first three days after starting work, draw up a work plan in accordance with job description for the first month of the probationary period (Appendix 1). The work plan of a new employee is approved by the head of the unit, signed by the employee and agreed with the vice-rector for affiliation (rector or chief accountant). The plan must be with the employee and the immediate supervisor.

2.2.3. Three days before the end of the first month of the probationary period, the immediate supervisor, the curator and the employee discuss the compliance of the specific results achieved with the set goals (work plan).

2.2.4. Not later than one day before the end of the first month of the probationary period, the immediate supervisor draws up an informational and analytical note on the results achieved by the employee (Appendix 2) for the first month of the probationary period and gives the conclusion “passed the tests and the probationary period can be reduced to 1 month” or "The test did not pass, the trial period remains the same." If the probationary period does not exceed one month, then a conclusion is given “test passed” or “test did not pass”. The conclusion is agreed with the head of the unit and the vice-rector by affiliation (rector or chief accountant) and transferred to the personnel department for further work.

2.2.5. If the probationary period has not been reduced to 1 month, then at the beginning of the next stage, the employee's work plan for the remaining period is also drawn up in accordance with clause 2.2.2. of this provision. Not later than 7 days before the end of the probationary period, the immediate supervisor, curator and employee discuss the compliance of specific results achieved with the work plan. The immediate supervisor draws up an information and analytical note on the results achieved by the employee for the subsequent stage of passing the test, and gives a conclusion “passed the test” or “failed the test”. The conclusion is agreed with the head of the department and the vice-rector of the affiliation and transferred to the personnel department for further work no later than 5 days before the end of the probationary period.

2.2.6. The original plans for passing the probationary period and information and analytical notes are transferred to the personnel department and stored in the employee's personal file.

Applications:

1. Annex 1. "Plan of the work of the employee during the probationary period."

2. Appendix 2. "Information and analytical note on the results of the probationary period."

3. Annex 3. "Matrix for determining the levels of functional duties."

4. Annex 4. "The scheme of the interview with the employee at the time of going to work."

AGREED:

First Vice-Rector __________________________

Head of Human Resources ______________________

Lawyer _____________________________________

Chairman of the trade union committee of employees _______________

Appendix 1.

"AGREED" "APPROVE"

Vice-rector Head of department

_______________________ ________________________

"____" _______________ 200__ "___" ______________ 200__

Who should not be placed on probation

According to the Labor Code of the Russian Federation, for some categories of working citizens, a probationary period cannot be established in principle (see Part 4 of Article 70 of the Labor Code of the Russian Federation). These privileged categories include, in particular, the following:

• Persons selected for replacement vacant position according to the competition held in accordance with the requirements of the legislation or local acts of the enterprise. The appointment of a probationary period under such circumstances may provoke the occurrence labor disputes.
• Women who are pregnant or raising one or more children under the age of one and a half years, while the children can be both consanguineous and adopted.
• Employees under the age of eighteen.
• Citizens entering the first place of work after graduation vocational education within a year from the date of graduation.
• Citizens elected to elective office for paid work.
• Citizens moving to a new job in the order of transfer from another employer as agreed between the heads of companies.
• Citizens with whom an employment contract has been concluded for a period of not more than two months.

The legislation also provides for other cases of categories of beneficiaries:

• citizens who have successfully completed training and enter into an employment contract with the employer from whom they were trained;
• citizens employed in alternative civil service;
• civil servants appointed to a new position by transfer caused by the liquidation or reorganization of the former employer organization.

If the employer unknowingly established a probationary period for an employee belonging to one of the privileged categories, that is, for an employee for whom a probationary period cannot be established in principle, it is necessary immediately, as soon as the fact of belonging to beneficiaries is revealed, to draw up an additional agreement to the contract on employment, in which to prescribe a condition that annuls the clause on the probationary period. This can be done, for example, when pregnancy is detected in a newly hired employee. Employers should remember that they face administrative and, in some cases, criminal liability for violating the provisions of the Labor Code of the Russian Federation.

Making an employee on probation

When hiring an employee with the condition of mandatory completion of a probationary period, the employer must properly prepare everything Required documents and include in the employment contract, among other things, a clause on the availability of preliminary tests for a newly hired employee. Otherwise, labor disputes and litigation may arise.

How to draw up an employment contract with a trial period

The employment contract must contain a clause stating that the employee will have to go through a probationary period to confirm qualifications. There can be no separate contracts for a trial period. Some employers offer to sign an internship agreement first. Such behavior is a sign of dishonesty of the employer. According to the law, an employment contract must be prepared no later than three days from the date of entry to work. A sample employment contract with a three-month trial period is easy to download from the link.

Video: Popular probation questions

Liability agreement for the period of probation

During the probationary period, the provisions of the Labor Code of the Russian Federation and other regulatory legal acts that determine the norms of labor law apply to the employee. Accordingly, an agreement on liability can be concluded with an employee already during the probationary period, if there is such a need and the position falls into the list of positions for which the conclusion of such an agreement is mandatory.

Assignment for probation

The probation assignment serves several purposes. First of all, a specifically formulated task helps a new employee to better understand their tasks in a new place and get up to speed. On the other hand, the company uses this task to assess the level of professionalism of a newly hired specialist. The fact is that it is impossible to dismiss an employee who has not coped with the test period without a clear evidence base and documentary evidence of his incompetence, therefore, the assessment of the performance of an employee during a trial period in the employer company should be taken very seriously.

Content test task may vary depending on the nature of the work. Such a task may include, as a requirement, to follow the most detailed instructions, for example, for working with cash register and leave room for creativity. In general, it is recommended to include in the task the most significant points for this position and for the company as a whole. A sample assignment for a trial period is shown in the illustration below.

The task for the probationary period may include those items, the implementation of which is most significant for management.

Features of establishing a probationary period when transferring to another position

When transferring to another position, a probationary period may be established if the duties to be performed by the employee in this new position are fundamentally different from his previous activities within the company. Unfortunately, a situation is common when an employee is offered to undergo a probationary period when being transferred to a higher position. It is important to know that such behavior of the employer is not legal. The trial period, according to the Labor Code of the Russian Federation, is not mandatory and can only be assigned to new employees. An employee who has received a promotion can be returned to his previous position or dismissed if the fact of his inconsistency with the new position is revealed.

The result of the probationary period and its staffing

After the parties sign the employment contract, which indicates that the employee is accepted subject to a probationary period, personnel service the company issues a corresponding order. At the end of the probation period, the company issues special documents confirming the success or failure of the new employee to pass the test period.

Probation period report

Many enterprises today have adopted the practice of creating a final report on the passage of a probationary period by an employee who has passed the test. In such a report, the employee discloses the following questions:

1. the difficulties and problems that the employee encountered in the course of work, the ways in which he tried to solve them;
2. which of the assigned tasks the employee was able to complete;
3. what tasks the employee failed to cope with during work and for what reasons;
4. What did the employee learn during their work?

A detailed report will help both the employee and his immediate supervisor to better analyze the work. It is recommended to draw up a report not on the last day of the probationary period, but in advance. In this case, you can find weaknesses in the work and have time to eliminate them before a decision is made. The illustration below shows an example of a report on the work in the test period.

Reports can be formatted in a variety of ways.

Characteristics of the employee after the verification period

The characteristic of the employee is the immediate supervisor or mentor who worked with the new employee during the trial period. This document indicates that the specialist knew and was able at the time of taking office, what tasks were assigned to him for the trial period, how he showed himself in the course of performing work tasks, what strengths and weak sides demonstrated personality. The characteristic ends with general conclusions, forecasts and recommendations.

Conclusion on passing the probationary period

Some companies have adopted the practice of collegial decision-making on the passage of a probationary period. An assessment of the employee's qualifications and his achievements is requested from all specialists and managers with whom he dealt during the test. The final decision is made by the immediate supervisor, but this practice allows you to take into account the whole range of opinions and get a complete picture of the new employee. The documented decision is called the conclusion on the passage of the probationary period.

The conclusion can be drawn up in the form as it is accepted at a particular enterprise.

Order on the end of the probationary period upon successful completion

The issuance of an order to end the probationary period upon successful completion is not mandatory. The employee simply continues to work at the enterprise further.

Actions of the employer in case of failure of the employee to pass the probationary period

The reasons for not passing the probationary period may be different. An employee, from the point of view of the employer, may not confirm his level of qualification, may not find a common language with colleagues, may violate labor discipline or provoke some unpleasant situations for business. In any case, an employer cannot fire an employee simply because he does not like him in some way. Dismissal during the probationary period must be supported by objective facts and documentary evidence confirming that the employee really does not cope with the activities entrusted to him. Such documentary evidence may include a task plan for a trial period, a report on the passage of a trial period, memorandums from the immediate supervisor, feedback from colleagues and clients. It is very important not only to explain to the employee why the probationary period has not been recognized as passed, but to get his agreement with these explanations. Otherwise, the dismissed employee may file an application with the court. If the company fails to correctly justify the decision to dismiss, the employee will have to be taken back, and all expenses incurred by him will be compensated, including the lost wages for the period when the employee was considered dismissed.

In case of dismissal due to a negative test result, the employee receives a corresponding notification three days before the dismissal. In some cases, by agreement with the employer, dismissal can occur on the same day, that is, without any working off.

Video: dismissal upon failure to pass the probationary period

What rights and obligations does an employee have during the probationary period?

The rights and obligations of an employee accepted under the condition of passing a probationary period are regulated by the Labor Code of the Russian Federation and are no different from the rights and obligations of other working citizens. The probationary worker is entitled to the following preferences:

• timely payment of wages, bonuses, allowances for overtime work, as well as other incentive payments, if any are provided for by the terms of the contract;
• access to sick leave and receiving insurance payments during a period of temporary disability.
• the use of unpaid leave at its own expense or the use of days on account of future leave, while the employer has the right to refuse to grant leave in accordance with the law (if the decision does not run counter to Article 128 of the Labor Code of the Russian Federation);
• receiving up to five unpaid days off at the birth of a child;
• voluntarily dismissal at any time before the end of the probationary period.

New employee responsibilities include:

• fulfillment of the terms of the employment contract;
• performance of work obligations in accordance with the job description;
• compliance labor discipline and internal regulations employer, as well as fire safety requirements.

Is it possible to take sick leave or vacation during the probationary period?

An employee on probation has the right to take sick leave during a period of temporary disability. With the permission of the head, during the probationary period, you can take a vacation at your own expense, as well as a vacation on account of a future paid vacation. This time is not included in the trial period and upon return to workplace the countdown of the days of the test period resumes.

The amount of sick leave payment is determined based on the length of service of the employee and from this average daily earnings. The accounting department can find out the length of service from the work book, and earnings are affected by both the salary at the current job and payments at the same place, which are easy to assess using the 2-personal income tax certificate.

An employee who is on sick leave and wants to leave the probationary period must first close sick leave. Dismissing an employee while he is on sick leave is illegal. In addition, the employer must pay hospital employee within 30 days from the date of dismissal, provided that the employee has not found a new job during this time.

Is it possible to fire a pregnant employee on probation?

The dismissal of an employee who, during the probationary period, discovered that she was expecting a child, is illegal if it occurs at the initiative of the employer. A pregnant woman can only be fired at her own request. Moreover, the very appointment of a probationary period for a pregnant employee is illegitimate. Upon confirmation of the fact of pregnancy, the probationary period must be canceled additional agreement to an employment contract.

Salary on probation

An employee on a probationary period is entitled to a salary, from which the employer is obliged to pay all mandatory taxes to the budget, including income tax. Many Russian enterprises are trying to evade paying taxes by offering only part of their salary payments in "white" money with official registration. Unfortunately, employees often agree to such unfavorable conditions for them. Many employers also offer a reduced salary for a trial period with the promise of a pay raise upon successful completion of the trial period. From the point of view of the Labor Code of the Russian Federation, such an offer is also not legitimate, but rarely any of the employees decides to enter into conflict with the employer for this reason.

Video: probationary salary

Pros and cons of the probationary period for the employee and for the employer

The probationary period is provided for by law so that both parties involved in the conclusion of an employment contract have the opportunity to evaluate each other and, if necessary, part with minimal losses. This opportunity can be considered an absolute plus for both the employee and the employer. Upon dismissal from a probationary period, an employee is not required to work for two weeks, and the employer has the opportunity to evaluate the qualities of a candidate not only from his words at the interview, but also in practice.

Among the disadvantages for the employee is the fact that many employers offer a reduced salary for the period of the probationary period. On the other hand, the employer bears an increased burden caused by the need to allocate additional resources to introduce a new employee to a position and test his skills and abilities.

When working in a test mode, an employee may experience some psychological discomfort, since the result of his actions determines his future in this job. The employing company, concluding an agreement with a new employee, always runs the risk of getting litigation upon dismissal under Article 71 of the Labor Code of the Russian Federation.

In general, the balance of positive and negative aspects of the application of the probationary period allows both parties to use it with the greatest benefit for themselves.

The requirement to pass a probationary period for employment in Russian companies is optional. from the point of view of the Labor Code of the Russian Federation. However, many employers are happy to use this opportunity to properly study a new employee, as well as save some money on him. wages at least in the first months of his work. Employees take this requirement for granted and do not try to dictate their terms to the employer. Thus, the very concept of a probationary period has firmly entered the practice of work and is actively used throughout Russia.

When applying for a job, there are no trifles, every nuance is important. Consider one of important points: how long is the probationary period when starting work in a new place.

Minimum and maximum probationary period according to the Labor Code

A probationary period is a period officially established by law, after which the employer decides whether to accept the selected candidate for work on a permanent basis. This period is given to the applicant for a certain position to show their labor skills, knowledge and skills. The agreement on the period of probation must be stipulated in the contract signed by the employer and the person being hired.

An employee who has been hired on probation must fulfill his official duties according to instructions. Its activities are supervised by a specially appointed officer. As a rule, this is the direct supervisor of the subject.

Curious Data

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

Termination of the probationary period before the appointed date can be initiated by the head if it is completely tripled professional quality subject. This option involves the early acceptance of a candidate for a permanent job. This is documented. agreement to the current employment contract.

Termination of labor relations during the allotted period of the trial period can be made at the initiative of either party in a simplified manner.

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

It should be noted some nuances regarding the specific terms of the trial period:

• when concluding an employment contract for a period of less than 2 months, a probationary period is not provided;
• when device on seasonal work lasting from 2 months to six months, the duration of the test period should not exceed 14 days;
• upon the occurrence of pregnancy, an employee who is on probation receives the status of a permanent employee, without waiting for the end of the probation;
• the conclusion of a fixed-term employment contract of six months or more provides for the standard duration of the test - up to 3 months.

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

Probationary period according to the Labor Code of the Russian Federation for senior managers

Head, his deputy, Chief Accountant, deputy chief accountant - these persons hold positions of leadership. The responsibility placed on the people in these positions is great. Therefore, the length of the probationary period is much longer than that of others (part 5 of article 70 of the Labor Code). The maximum period of probation for employment in managerial positions is up to a year in the state. service (Federal Law on Civil Service No. 79-FZ) and up to 6 months - in other organizations.

List of persons for whom the Labor Code does not provide for a probationary period

Russian legislation establishes that certain categories of citizens applying for a job are not subject to a screening test.
The following persons are issued without a probationary period:

• pregnant women;
• women who have a child under 1.5 years old;
• citizens who are not yet 18 years old;
• persons employed for a period of less than 2 months;
• employees hired as a result of transfer from another organization;
• young professionals, i.e. people who have just received a diploma of acquiring vocational education. Young specialists are citizens who have received a diploma of secondary specialized or higher education within a year from the date of its receipt;
• employees who have already passed the competition for filling this vacant position;
• persons elected to an elected position.

The rules for establishing a trial period are well described in the video

Extension of the probationary period

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

The duration of the test is extended by the total time the candidate was absent from the workplace, but no more. The extension of the test is stipulated in a special order, which indicates the reason for the extension, and indicates a new date for the end of the test period. The employee must read the order and sign this document.

The order must contain the following details:

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

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

Almost all employees are put on probation by their employers when they are hired. What are the characteristics of a probationary period? What is its duration in 2020? Who is not eligible for probation? This will be discussed in this article.

What is included in the concept of "Probationary period for employment"?

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

The trial period is determined at the conclusion of the employment contract by agreement of the parties.

What is the duration of the probationary period for employment?

According to labor legislation (Article 70 of the Labor Code of the Russian Federation), the maximum amount of the probationary period is determined, but the minimum is not defined. Given this fact, the employer has the right to establish any size of the probationary period within the maximum:

Example:

Employee Mikhailova M.M. hired on 10/15/2017, having concluded an employment contract for a period until 12/14/2017. not provided.

Features in determining the duration of the probationary period

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

Categories of workers	Maximum probationary period	Normative act
Citizen or civil servant upon appointment to a civil service position, appointment to and dismissal from which are carried out by the President of the Russian Federation or the Government of the Russian Federation	from 1 month to 1 year	Article 27 Federal Law of July 27, 2004 No. 79-FZ “On the State Civil Service of the Russian Federation” (as amended)
A citizen or civil servant, upon appointment to a civil service position, who previously served in the public service of the Russian Federation	1 to 6 months
Citizen or civil servant upon appointment to a civil service position in the order of transfer from another state body	1 to 6 months
Persons recruited for the first time into the service of the prosecution authorities, with the exception of persons recruited for the first time into the service of the prosecution authorities within one year from the date of graduation from the educational organization	6 months	Art. 40.3 federal law dated January 17, 1992 No. 2202-1 "On the Prosecutor's Office of the Russian Federation"

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

Employees who are not subject to a probationary period when hiring

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

• persons elected on the basis of a competition for the corresponding position held in accordance with the procedure established by labor legislation and other regulatory legal acts containing labor law norms;
• pregnant women and women with children under the age of one and a half years;
• persons under the age of eighteen;
• persons who have received secondary vocational education or higher education for those who have state accreditation educational programs and for the first time entering work in the acquired specialty within one year from the date of receiving professional education of the appropriate level;
• persons elected to elective office for paid work;
• persons invited to work in the order of transfer from another employer as agreed between employers;
• persons concluding an employment contract for a period of up to two months.

What can affect the length of the probationary period?

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

• period of temporary disability;
• leave without pay;
• suspension from work

Dismissal during the probationary period

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

Reason for termination of employment contract	The mechanism for terminating an employment contract
If the test result is unsatisfactory, the employee	The employer, before the expiration of the probationary period, warns the employee about the termination of the employment contract in writing no later than three days in advance, indicating the reasons that served as the basis for recognizing this employee as having failed the test. Termination of the employment contract is made without taking into account the opinion of the relevant trade union body and without payment of severance pay.
During the trial period, the employee came to the conclusion that the job offered to him was not suitable for him.	The employee has the right to terminate the employment contract at his own request, notifying the employer in writing three days in advance

Example:

Employee Mikhailova M.M. hired on 10/15/2017. During the period of work, the employee realized that the work did not suit her and decided to quit during the probationary period, the duration of which was 3 months. November 15, 2017 Mikhailova M.M. wrote a letter of resignation from 11/18/2017. The employer does not have the right to force an employee who is on probation to work for 2 weeks.

If at the end of the probationary period the employee continues his labor activity, the probationary period can be considered successfully completed.

Questions and answers

1. The employer said that he did not plan to continue working with me after the probationary period, but my probationary period ends in 2 days. Do I understand correctly that after 3 days I can not go to work?

Answer: According to Article 71 of the Labor Code of the Russian Federation, the employer can terminate the employment contract with you before the expiration of the probationary period, but his duty is to notify the employee of the termination of the employment contract in writing no later than three days in advance, indicating the reasons that served as the basis for recognizing this employee as not passed the test. In your case, there is only an oral discussion, so you will have to go to work in 3 days without fail in order to avoid trouble in terms of violation labor law followed by disciplinary action.

1. I made the decision to quit during my probationary period. Can I qualify for severance pay?

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

1. I am planning a transfer from one department to another within the same organization. Will I be placed on probation again?

Answer: No, in the case of a transfer from one department to another within the same organization, a probationary period will not be assigned. Even in the case of a transfer from one employer to another, within the framework of an agreement between employers, a probationary period is also not assigned.