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

This WordPress post discusses the employment terms for trial periods in the Russian Federation, focusing on such essential aspects as duration of the trial period, payment amount, and employee rights. According to the Labor Code of the Russian Federation, a trial period should not exceed 3 months and employees must receive not less than 2/3 of the minimum wage for the work they do. During the trial period, employees are also protected by special labor regulations that ensure their rights remain unaltered. This post provides a comprehensive overview of trial period employment in Russia.

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The term “probationary period” is familiar to everyone who has ever taken a job – it is a legal right for an 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 is necessarily indicated in the employment contract, the employee must familiarize himself with all the details of the test in advance. The employment record should not include information about the trial 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 the period of time that is set by the employer in order to assess the compliance of the employee with the position for which he is applying. Moreover, the conditions and duration of the test are specified in the employment contract.

Man signs a contract

Job Test

The procedure for testing a potential employee during employment expresses the legitimate right of the employer to determine his professional skills and suitability of his position. It is important to remember that this is not a mandatory, but an additional condition of the concluded labor contract, which is done by agreement of both parties. This is not the obligation of the employer, rather it is his desire to check the employee, and if there is no doubt about the qualification of the employee, we are not talking about any trial period.

Probationary period at the conclusion of an employment contract

It is worth remembering that the employee being tested is an equal member of the team, this is expressed in the exercise of his rights, as well as in the payment of wages. Many employers strive to offer a candidate a small salary. In this case, the Labor Code does not prescribe any special payment conditions, but it is also not directly forbidden to set a lower salary for this time.

Order of registration

All conditions are prescribed in the employment contract, which the company must conclude with the employee. The exact date of the beginning and end of the trial period (from 01.01.2002 to 04.01.2002) or its duration (two weeks, three months) is indicated. Do not forget that the order of employment should indicate that the employee will be on a check of his compliance with the position. One copy of the work contract is given to the employee.

Who should not set a trial period

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

  • those who entered the position by competition, in accordance with Russian law;
  • pregnant women on maternity leave soon;
  • minor citizens;
  • graduates of universities and other educational institutions for which this is the first job;
  • if the employee is selected at the selected paid rate;
  • when transferring from another organization, for example from Moscow.

Pregnant woman at the computer

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

  • for temporary employment for up to two months;
  • in the case when an employment contract is concluded before the end of the apprenticeship period;
  • in the 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 who came to the customs service by competition.

Duration of probationary period when applying for a job

The standard test period for hiring is three months. Top-level employees – managers, chief accountants, financial directors, their deputies can pass the test for compliance with the position for professional suitability 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 admission to work lasts two weeks, in the case when a fixed-term labor contract is concluded (up to 6 months). When concluding a regular contract, the employer himself sets the validity of the labor test – from one to three months, depending on the position. For senior executives, this is three months. At the request of the employer, the duration of the work period can be reduced.

Extension of the trial period

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

Maximum probationary period under the labor code

When concluding a fixed-term contract with a duration of two to six months or seasonal work, the trial period may last only 2 weeks. If the employee is taken on an ongoing basis, then the maximum test period for employment is six months. These terms are spelled out in the Labor Code of the Russian Federation.

Labor Code of Russia

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 early completion of the test, which details the reasons for its completion. An employee can write a letter of resignation from the enterprise if the position in which he worked did not suit him. Is the employer entitled to terminate the labor test earlier if the employee’s work is unsatisfactory? Yes, only everything must be formalized by law (relevant order), and the employee must be warned in advance..

Worker’s rights for a trial period

The labor legislation explicitly states that an employee who is on a labor test has exactly the same rights and obligations as other employees of the enterprise. This applies to wages, bonuses, the establishment of social guarantees. The candidate has the right to judicially appeal against any actions of the employer that violate the rights of the employee, including with regard to the early termination of the employment contract.

Is it possible to 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 hospital, the term of the labor test is not counted, it resumes its effect when the employee goes to his place of work. In the event that the employee ceases to cooperate with the employer (regardless of the reason), the employer must pay sick leave.

What determines the salary

The employee during the trial period is subject to labor law. This means that his rights should in no way be less than that of the main personnel. The salary should be set according to the staffing table. This can be circumvented by simply introducing a reduced salary for the “assistant manager” or “assistant” in the staffing table, its size can be any, but not less than one minimum wage (minimum salary). The employer is required to pay sick leave, overtime, work on holidays and weekends.

Man handing over dollar bills

End of probationary period

Immediately, we note that there is a situation when it is impossible to dismiss an employee after a trial period: when an employee became pregnant during this period of time and brought 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 credited to the staff according to the job description;
  • negative – the employer company is not satisfied with the quality and result of the work of the applicant, a decision is made to terminate the contract (the order forms indicate the reasons and evidence of employee negligence).

The dismissal of an employee undergoing a test is always documented as detailed as possible, because there is a rather big chance that the employee will consider such actions illegal 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, it is necessary to receive a written notification of the employee with his signature that he was aware of all the internal regulations of the employer.

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Comments: 6
  1. Sage

    What is the duration of the trial period in employment, and how does it affect the amount of payment and employee rights according to the Labor Code of the Russian Federation?

    Reply
    1. Hazel Martin

      According to the Labor Code of the Russian Federation, the duration of the trial period in employment depends on the position. For regular employees, the trial period can be up to 3 months, while for executives, it can be extended up to 6 months. During this period, both the employer and the employee have the right to terminate the contract without giving any reason.

      In terms of payment, the employee is entitled to receive the agreed salary amount during the trial period, which cannot be lower than the minimum wage established by law. However, if the employment contract is terminated during the trial period, the employee is only entitled to payment for the actual days worked. In case of successful completion of the trial period, the employee’s payment rights remain unchanged.

      Regarding employee rights, during the trial period, the employer has the right to assess the employee’s suitability for the position and evaluate their performance. At the same time, the employee enjoys the same rights and protections as other employees, including timely payment, adherence to working hours, and compliance with labor legislation. Additionally, the employee has the right to terminate the employment contract during the trial period, if desired, without incurring any legal consequences.

      Reply
      1. Lily Edwards

        According to the Labor Code of the Russian Federation, the duration of the trial period in employment depends on the position. Regular employees can have a trial period up to 3 months, while executives can have a trial period up to 6 months. Both the employer and employee can terminate the contract without giving a reason during this period. The employee is entitled to receive the agreed salary amount during the trial period, which cannot be lower than the minimum wage. However, if the contract is terminated, the employee is only paid for the actual days worked. During the trial period, the employer assesses the employee’s suitability and performance, while the employee enjoys the same rights and protections as other employees. The employee also has the right to terminate the contract without legal consequences.

        Reply
        1. Lucas Turner

          According to the Labor Code of the Russian Federation, the trial period in employment can vary depending on the position, with regular employees having up to 3 months and executives up to 6 months. Both the employer and employee have the right to terminate the contract without giving a reason during this period. The employee is entitled to receive the agreed salary amount, which cannot be lower than the minimum wage. If the contract is terminated, the employee is only paid for the actual days worked. The trial period allows the employer to assess the employee’s suitability and performance, while the employee enjoys the same rights and protections as other employees. The employee also has the right to terminate the contract without legal consequences.

          Reply
    2. Zoey Johnston

      According to the Labor Code of the Russian Federation, the trial period in employment can vary depending on the type and duration of the employment contract. For regular employees, the trial period generally ranges from 3 to 6 months, while for managers and executives, it can be up to 12 months. During the trial period, the employer has the right to terminate the contract without prior notice, and the employee can also resign without giving notice. Regarding payment, the employee should receive the same salary and benefits as stated in the employment contract. However, the employer may reduce the amount of payment during the trial period within the limits established by law. In terms of employee rights, during the trial period, both the employer and employee have the opportunity to assess job suitability. The employee enjoys the same rights and protections as regular employees, such as the right to rest, annual leave, and social benefits.

      Reply
  2. Nova Simmons

    What are the specifics of employment with a trial period under the Labor Code of the Russian Federation? How long can the trial period last, and how much payment should an employee receive during this period? Additionally, what are the rights that employees have during this timeframe?

    Reply
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