What is the legal probationary period? How long is the legal probationary period? Who cannot be tested

The procedure for establishing a probationary period for employment

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 evaluate business qualities employee and determine whether he is suitable for the job.

Only business qualities are evaluated, an employee cannot be considered as having 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 employee's probationary period, all benefits and guarantees established by the labor law 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 probationary period does not apply to working conditions, which must be reflected in the text of the employment contract, therefore 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. it is not necessary to draw up, signed by both parties employment contract, in which the probationary period is prescribed, indicates the agreement of 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, the 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 grounds 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

The Labor Code, in particular, regulates the terms that the employer can set as probationary for certain categories of workers.

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 employees 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 individual categories workers.
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 with this employer, he is considered to have passed it successfully.

Important! The trial 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 “didn’t cope with official 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 the money due to him and the calculation must be carried out within the prescribed time frame.

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.

A probationary period can be established for a person with whom a work contract is concluded in order to determine his compliance with the position held and the requirements. This rule is reflected in article 70 of the Labor Code of the Russian Federation.

The candidacy of any applicant for a position is always studied in detail. This mostly happens on the day the person is being interviewed.

The head initially decides for himself whether the applicant can be appointed to the position. However, quite often an interview or some kind of preliminary testing is not enough, you need to check the capabilities of a person in practice. But in accordance with the requirements of the current legislation, the manager cannot entrust work to a person who is not in an employment relationship with the organization. For this purpose, an agreement is concluded with the applicant on the terms of preliminary verification.

Employment with a probationary period is possible only in case of mutual consent of the parties. It is necessary to draw up an employment contract with an employee in such a situation with the inclusion in the content of the condition on the establishment of a preliminary check, which a person must pass. If there is no such rule in the agreement, then it is considered that the worker is hired without a preliminary test. When a person was admitted to the performance of duties in his position without drawing up an agreement, then passing the test will be possible subject to the preparation of a separate document.

The effect of labor legislation during the test applies to the employee in full. That is, he will be paid as much as provided regulations, no limits. The verification period is included in the length of service. Sick leave will be paid on a general basis, the indicator will be calculated according to the average. In fact, the subject is at the same level as the rest of the workers.

Probationary period

The current legislation defines the time period for the preliminary test. The maximum duration of such a period for most employees is three months. For some categories, a longer duration of the check is set. These include managers, their deputies, chief financial specialists, as well as heads of branches, representative offices and separate structural divisions. For them, the verification period can be extended up to six months.

A three-month probationary period cannot be established for those employees whose period labor relations with which is from two to six months. The test for this category shall not exceed two weeks.

These accounting periods do not include the time when the person was actually absent from work. For example, sick leave will not be included in such a period.

It should be noted that the minimum verification period is not defined by the current regulations.

Is it possible to extend

The legislation establishes the maximum terms of preliminary testing. They are two weeks, a quarter and six months. This is the maximum duration.

Current regulations do not prohibit extending the check within the agreed framework. That is, set new term impossible, but extending the old one is quite acceptable.

In order to realize such an intention, it is necessary to reflect this condition in the content of the contract, and in the event of an actual extension, issue an order justifying the reasons for increasing the test time. The main thing is to comply with the upper limit stipulated by law. The total duration of the check should not exceed the specified maximum. For example, if the manager was tested for two months, then the test can be extended by no more than four.

Who should not be tested

The current legislation defines the categories of people who, when employed, cannot set the time of the test. Such a guarantee applies if the person has a certain status.

A preliminary test cannot be established:

1. Appointed to the position based on the results of the competition.
2. Women in a state of pregnancy and workers raising children under the age of one and a half years. The number of children in this case does not matter.
3. Minors, that is, those under the age of eighteen.
4. Graduates of a higher or secondary specialized educational institution that has state accreditation, provided that a person enters a job for the first time and within twelve months after graduation.
5. Appointed to the position following the results of the election campaign.
6. Employed in the order of transfer, by mutual agreement of the leaders.
7. Entering into an employment relationship for a period of less than two months.

This list is not exhaustive. Special or local regulations legal acts other categories of workers may be defined for whom no preliminary check will be established.

Test result

After the specified period ends, each of the parties must decide for itself whether to continue the employment relationship or not. That is, the initiator in this case is both the leader and the worker.

The results of the test will always be two outcomes - further professional cooperation or termination of the employment relationship.

Continuation of work

In accordance with the current legislation, if the period of preliminary verification has expired, and the person continues to fulfill the duties of his position, then it is considered that the test has been passed, and it will be possible to terminate the interaction only on general grounds, for example, the initiative of the head, the person’s own desire, expiration contracts. In this case, it is not required to draw up additional documents - orders, notifications, statements. Everything happens automatically, when the agreed date for completing the test arrives.

Dismissal

The termination of the employment relationship after the expiration of the verification period occurs at the decision of the head. If the boss is not satisfied with the results of the test, then he can fire the person. To implement such a procedure, two conditions must be met.

First of all, this must happen during the period of probation, that is, before the expiration of its period.

A person must be notified of the termination of employment no later than three days in advance. That is, there will be processing. In this case, the manager is obliged to explain to the employee the reasons for his decision.

Dismissal on probation

Termination of employment relations is also possible during the period of preliminary verification. In this case, each of the parties, that is, both the leader and the worker, can act as the initiator. The reason is the dissatisfaction of both with the results obtained.

According to the employee

If an employee acts as an initiator, then he is obliged to notify the manager of his decision in advance. Informing must occur no later than three actual days before the planned dismissal. The notice is sent to writing in the form of a statement. Unlike voluntarily leaving, in the case of a preliminary test, the employee is not required to work for 2 weeks. Such a period will actually last no more than three days, and then on the condition that this time will be working.

At the request of the employer

The manager, in turn, can also initiate the procedure for terminating cooperation if the verification process does not suit him. Most often this happens due to the low quality of the work performed or the incompetence of the specialist in some matters.

The manager is obliged to inform the employee of his intention no later than three days in advance. In this case, actual days are taken into account. At the same time, the law does not directly specify in what form the notification should be issued - by order or a separate document. In practice, in most cases, an order of the appropriate content is drawn up, with which the worker must be familiarized with the signature.

Legal registration

The very procedure for termination of employment on such grounds is documented according to general rules and has no significant differences.

First of all, for the dismissal of a person you need a reason. In this case, this will be a statement from the employee or a notification from the director. After one of the parties has expressed its intention, you need to draw up an order. Such a document must be drawn up correctly, in compliance with all legal requirements.

The text should reflect:

1. Full name of the organization.
2. Registration number and date of issue of the order.
3. grounds for its approval.
4. Information about the dismissed employee - full surname, name, patronymic, position held.
5. The date on which the employment relationship will end.
6. Reasons for termination of working relationship with reference to the article of the Labor Code.
7. Leader's signature.
8. Date and signature of the worker on familiarization with the content of the order. Refusal to read must be documented.

On the day of dismissal, a person is given a personal work book with a record of the reasons for dismissal made in it. Data is entered into the labor, as a rule, HR specialist. In this case, a pen with black, purple or blue ink is used. Data must be recorded in strict accordance with the wording of the order. Any exceptions and reductions are unacceptable. You also can't fix errors. Any incorrect entry must first be canceled and only then a new entry made. The mark is signed by the head or authorized by him official, and is certified by the seal of the organization.

The entry states:

1. The serial number of the mark. It is assigned chronologically, that is, as it is made.
2. Date of release from office.
3. Reasons for dismissal with reference to the norm of the Labor Code of the Russian Federation.
4. Date and number of the order of the head.

The dismissed employee must receive the final payment on the day of departure.

It includes funds that a person has earned, but did not have time to receive:

1. Salary - that is, salary for the position held, allowances, bonuses.
2. Compensation for unused vacation days.
3. Other types of funds, the payment of which is provided for in such cases by local regulations.

Severance pay is not paid in this case. Cash can be issued to an employee against signature at the cash desk of the organization, or credited to a personal bank account.

It should be noted that the dismissal based on the results of the preliminary test occurs without the consent of the trade union committee.

Arbitrage practice

The court considered statement of claim person to the company, with a request to annul the decision to dismiss, payment of earnings for the entire period of an unforeseen break in work, as well as compensation for moral damage.

During the study of the content of the appeal, the following was established. An employment contract was concluded between the initiator and the organization on the terms of a preliminary test. The review period was three months. Subsequently, the plaintiff was fired from his job due to unsatisfactory test results. At the same time, the reasons for the termination of cooperation were unreasonable, the facts of violation of duties were not confirmed, the employment contract was not handed to the plaintiff, with the rules of internal work schedule the latter was not informed. In connection with the above, the initiator asked to cancel the decision of the head, change the wording and date of dismissal, recover from the organization earnings for the entire period of forced absenteeism and compensation for moral damage.

The representative of the company did not agree with the claims of the plaintiff and explained that the entire dismissal procedure was carried out in strict accordance with the current legislation.

In the course of studying the submitted materials, the court found that the employment contract, which was drawn up in two copies, was signed by the plaintiff. Therefore, the latter was duly informed about his duties, including the schedule of work and rest. In the process of carrying out professional activities, there was a fact of violation by the employee of his duties, which was expressed in non-compliance with working time. This was recorded by the materials of the check and a remark was announced to the person. There were also complaints from the management on the quality of the work performed. For this reason, the employee was subsequently fired as having failed the test. The person is duly informed about the termination of the employment relationship. On the day of dismissal Required documents were issued to the employee. He was paid the money due.

Based on the foregoing, the court concluded that the dismissal procedure was observed by the employer in full. In turn, the initiator did not provide evidence of his arguments. For this reason, the claim was dismissed.

Hello, Elena!
According to the provisions of Art. 70 of the Labor Code of the Russian Federation:
1) the probationary period must last a maximum of 3 months;
2) he must be paid in the same amount in which work in this position will be paid in the future;
3) for the probationary period, the employee must be registered as an active employee.
Separately, I will explain that the order for employment must be announced to the employee within three days from the date of the actual start of work. Thus, the conditions put forward by a potential employer about applying for a job in writing only after 3 months of the probationary period are illegal.
Among other things, I recommend that you familiarize yourself with the provisions of Art. 70, 71 of the Labor Code of the Russian Federation, since they contain certain nuances that your question may not report.

ST. 70 of the Labor Code of the Russian Federation:
When concluding an employment contract, by agreement of the parties, it may provide for a condition on testing the employee in order to verify his compliance with the assigned work. The absence of a test clause in the employment contract means that the employee is hired without a test.
In the case when an employee is actually allowed to work without drawing up an employment contract (part two of Article 67 of this Code), a test condition can be included in the employment contract only if the parties have drawn it up in the form of a separate agreement before starting work.
During the probationary period, the employee is subject to the provisions of labor legislation and other regulatory legal acts containing norms labor law, collective agreement, agreements, local regulations.
A test when hiring is not established for: persons elected through a competition for filling the relevant position, held in the manner prescribed 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 graduated from state-accredited educational institutions of primary, secondary and higher vocational education and for the first time coming to work in the received specialty within one year from the date of graduation educational institution; 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; other persons in cases stipulated by this Code, other federal laws, a collective agreement.
The trial period cannot exceed three months, and for heads of organizations and their deputies, chief accountants and their deputies, heads of branches, representative offices or other separate structural divisions of organizations - six months, unless otherwise established federal law. When concluding an employment contract for a period of two to six months, the probation may not exceed two weeks.
The period of temporary disability of the employee and other periods when he was actually absent from work are not included in the probationary period.
Art. 71 of the Labor Code of the Russian Federation:
In case of an unsatisfactory test result, the employer has the right to terminate the employment contract with the employee before the expiration of the test period, notifying him in writing no later than three days in advance, indicating the reasons that served as the basis for recognizing this employee as not having passed the test. The employee has the right to appeal against the decision of the employer in court.
If the result of the test is unsatisfactory, the termination of the employment contract is carried out without taking into account the opinion of the relevant trade union body and without paying severance pay. If the probation period has expired, and the employee continues to work, then he is considered to have passed the probation and the subsequent termination of the employment contract is allowed only on a general basis. If during the trial period the employee comes to the conclusion that the job offered to him is not suitable for him, then he has the right to terminate the employment contract at his own request, notifying the employer in writing three days in advance.

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 the skills professional knowledge and experience, and the actual skill level of the worker may not correspond to them. Russian laws help companies and organizations minimize risks by giving the employer the right to take employees who come to the position for the first time with a probationary period. During this period, the employee demonstrates the level of his professionalism and compliance with the place, and according to the results of the assessment labor activity a decision is made to admit him to a permanent staff or to terminate employment relations with him.

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 employee's characteristics of the position he occupies.

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 provide legislative norms relating 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. The provisions of others relating to labor law, laws and by-laws also apply to the subject. 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 comply with 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. Certain categories of persons can be set various terms, 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 is important to remember that this action must also be performed 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.

The warning is 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 activity. 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 an inadequate level of implementation, or complete failure 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 from office. 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 for 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 of a work book. On the last day, the dismissed person is issued employment history, this fact is recorded by the person's signature in the ledger.

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 of 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 performing his labor duties, and the organization concludes with its already permanent employee additional agreement 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 for 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.

located on hospital worker rely 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 is enshrined in 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.

When hiring, each of us has faced a period of probation. During this time, the employer assesses the abilities of a potential employee and makes a decision on his further employment. However, in Lately unscrupulous employers seek to circumvent the norms established by law. To protect yourself from deception at a new place of work, we recommend that you refer to the presented article.

How long can a probationary period last under the labor code?

The procedure for hiring new personnel is regulated by the articles of the Labor Code of the Russian Federation. According to the relevant legal act, the following probationary periods are defined:

• One month;
• Three months;
• Six months.

The law also provides for some rules when establishing the duration of this time:

• A test for admission to a new place of work must be established at the conclusion of an employment contract;
• The test period cannot be determined later. This procedure should be carried out at the initial stage;
• In accordance with the Labor Code of the Russian Federation, the period of verification of a new employee should not exceed 3 months. A certain category of persons may act as an exception;
• If the worker for any reason was not present at work, then the probationary period is extended for the duration of the trainee's absence;
• There is no provision for reducing the test time. However, the employer can personally terminate the contract if the employee does not satisfy the organization's requests. Notification of the decision must be made 3 days before the cancellation. Also, the manager may prematurely hire an intern.

Labor law designates representatives who may be exempt from inspections. The list of specified persons is as follows:

• Women in position or women who have children under two years of age;
• Minor representatives;
• Young professionals who have graduated from an educational institution;
• Employees specially invited to the proposed position;
• Disabled people.

How long can a probationary period last when applying for a job without registration?

When hiring a new worker for a position prerequisite is the conclusion of an agreement between the parties. IN this document the rights and obligations of the trainee and the employer should be indicated. The opinion of the employer about the non-mandatory conclusion of an agreement is considered erroneous. If a potential employee started work without registration, then it is considered that he has passed the probationary period and is officially employed.

How long is the probation period for contract work?

Recently, a method of hiring new specialists under a contract has become widespread among organizations. In the Labor Code of the Russian Federation, this concept is called the execution of a fixed-term employment contract. Such a document is an agreement signed between the employee and the manager. A feature of the contract is the exact determination of the duration of the labor activity of a new employee.
When concluding a contract when hiring, the following rules should be considered:

• The duration of employment should not exceed 5 years;
• It is issued strictly on time for the performance of the necessary work;
• Signed if necessary to replace the employee holding the position;
• The contract can be concluded for a season to perform the necessary activities;
• The internship period is negotiated upon signing the contract;
• According to the Labor Code of the Russian Federation, if a fixed-term employment contract is concluded for a period of 2-6 months, then the duration of the trainee's check should not exceed 2 weeks. If the contract is for 2 months, then the trial period is not expected.

How is the trial period paid?

When hiring an employee vacant position probationary period is expected. During this period, the employee goes through the procedure for formalizing relations with the enterprise. Under the law, the same privileges apply to the trainee as to the workers.
Regarding the payment of the trial period, you should know some rules:

• Probation period payment is obligatory;
• The salary of the subject during the verification period must be stipulated in the employment contract;
• Legislation guarantees full and timely remuneration during the internship;
• The employer is obliged to pay the trainee an amount not less than the minimum wages. It should be commensurate with the complexity, quality and volume of labor activity.

During the passage of the probationary line, applicants for a position often face restrictions on their rights. This happens mostly because the interns are not well aware of the opportunities guaranteed by the Labor Code. To protect yourself and your rights in a new place of work, read the legal acts of labor legislation.

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