The content of the article
- What is a probationary period under the labor code
- Job Test
- Probationary period at the conclusion of an employment contract
- Order of registration
- Who should not set a trial period
- Duration of probationary period when applying for a job
- Extension of the trial period
- Maximum probationary period under the labor code
- Early termination
- Worker’s rights for a trial period
- Is it possible to take sick leave
- What determines the salary
- End of probationary period
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.
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.
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.
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.
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.
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.