Why do you need a probationary period when hiring? Important design features. Probationary period: in what cases are they not entitled to assign it?

A probationary period is a period of time that is established in an employment contract with an employee to verify his compliance with the assigned work (Part 1 of Article 70 of the Labor Code of the Russian Federation). About when, to whom probation can be set and for what duration, we will tell you in our consultation.

At what point is the probationary period established?

A probationary period clause may be included in an employment contract upon its conclusion. Accordingly, if such a condition is absent in the employment contract, this means that the employee was hired without testing. It is impossible to add a probationary clause after the parties have concluded an employment contract.

In the case where the employee was actually allowed to work without drawing up an employment contract, but before the start of work the parties did not draw up a written agreement on testing, it will not be possible to include such a condition in the employment contract, despite the fact that it will be concluded later (within three working days). days from the date of the employee’s actual admission to work) (part 2 of article 67, part 2 of article 70 of the Labor Code of the Russian Federation).

Who can and who cannot have a probationary period?

The Labor Code of the Russian Federation prohibits the establishment of a probationary period, in particular, for the following categories of workers (Part 4 of Article 70, Part 1 of Article 207 of the Labor Code of the Russian Federation):

• pregnant women;
• women with children under 1.5 years of age;
• persons invited to work as a transfer from another employer;
• persons who have received secondary vocational education or higher education according to those with state accreditation educational programs and those entering work for the first time in the acquired specialty within 1 year from the date of completion of training;
• persons who have successfully completed an apprenticeship, upon concluding an employment contract with the employer under the contract with whom they were trained;
• persons under the age of 18;
• persons entering into an employment contract for a period of up to 2 months;
• persons elected through a competition to fill the relevant position.

In addition to the Labor Code of the Russian Federation, the prohibition on establishing a probationary period may be established by other federal laws and even a collective agreement.

If the employee does not belong to one of the categories for which probation cannot be established, a probationary period condition can be included in the employment contract. In this case, in particular, there are no restrictions on establishing a probationary period in the general case lasting more than 2 months or.

Duration of probationary period

The length of the probation period depends on the period for which the employment contract is concluded, as well as on the position for which the employee is hired. Let's systematize the data in the table (part 5, 6 of article 70 of the Labor Code of the Russian Federation):

If the test period has expired and the employee continues to work, he is considered to have passed the test (

IN CONNECTION WITH MY UPCOMING EMPLOYMENT, I WAS STUDYING THE ISSUE. IN MY OPINION, THE MATERIAL IS USEFUL TO MANY, I SHARE.

In most cases, when hiring, the employer sets a probationary period for the future employee, that is, a period during which his compliance with the assigned work is checked (Article 70 of the Labor Code of the Russian Federation). It is worth noting that this condition is not mandatory for inclusion in the employment contract (optional and prerequisites listed in Art. 57 of the Labor Code of the Russian Federation) and must be established by agreement of the parties. But, as a rule, the employer confronts the employee with a fait accompli.

Probation period: nuances of registration and completion

Vera Ignatkina, CEO Career Development Center.

According to the norms Art. 64 Labor Code of the Russian Federation, unreasonable refusal to conclude an employment contract is prohibited. It also provides reasons why an employer does not have the right to refuse employment. One of the reasons for refusal is that the employee’s business qualities are unsuitable for the job. Therefore, if the latter begins to insist on excluding the probationary clause from the employment contract, the employer will always be able to find a reason to refuse him work based on his business qualities. It is difficult to predict who will win the case if the employee goes to court with this refusal - each case is individual and depends on a number of circumstances.

The duration of the probationary 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 by other federal laws regulating certain categories of personnel. Thus, when appointed to a civil service position, the duration of the probationary period can be from three months to one year (Article 27 of the Federal Law of July 27, 2004 No. 79-FZ “On the State Civil Service Russian Federation»).

When concluding an employment contract for a period of two to six months (i.e., for a fixed-term employment contract) this period cannot exceed two weeks. The law establishes that the probationary period does not include the period of temporary incapacity for work of the employee and other periods when he was actually absent from work.

The legislation provides for a number of preferential categories of workers for whom a probationary period cannot be established. Their list is given in Art. 70 Labor Code of the Russian Federation. So, among them:

• persons elected through a competition to fill the relevant position, held in the manner established labor legislation and other regulatory legal acts containing norms labor law;
• pregnant women and women with children under the age of one and a half years;
• persons under the age of 18;
• persons who graduated from state accredited educational institutions of primary, secondary and higher education vocational education and those entering work for the first time in their specialty within one year from the date of graduation educational institution;
• persons elected to an elective position for paid work;
• persons invited to work by way of transfer from another employer as agreed between employers;
• persons entering into an employment contract for a period of up to two months.

Gaps in legislation

Separately, I would like to dwell on such a category of workers as students. We see that for persons under 18 years of age and university graduates entering work for the first time in their specialty within one year from the date of graduation, a probationary period is not established. But if a student of, say, the 3rd or 4th year (i.e., over 18 years old) gets a job, even in his specialty, a probationary period can be set for him.

If there is no probation clause in the employment contract, this means that the employee was hired without it. And it can be installed in the future only with the consent of the employee. Indeed, in this case, there is a change in the terms of the employment contract determined by the parties ( Art. 72 Labor Code of the Russian Federation), and it should only happen by agreement of the parties. The legislation provides for cases in which the employee’s consent is not required - they are listed in Art. 72.2, 99 and 113 of the Labor Code of the Russian Federation and more relate to involvement in work during disasters, overtime, etc.

But I would like to dwell separately on such grounds as changes in organizational or technological working conditions ( Art. 74 Labor Code of the Russian Federation). Employers very often “hide behind” this article when they initiate unilateral changes to the employment contract, because in this case There is also a certain gap in the legislation. Thus, the definition of the concept of organizational and technological working conditions and what is meant by their change is not clearly established anywhere. Therefore, employers include anything under this concept: from a decrease in the number of clients and, accordingly, income from the sale of goods and services, to an increase in rental rates for office space, from a crisis in the country to a fire in a building. But this is not true.

An approximate list of reasons that allow the employer to make an appropriate decision to change the terms of the employment contract is given in Part 1 of Art. 74 of the Labor Code of the Russian Federation and clause 21 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated March 17, 2004 No. 2 “On the application by the courts of the Russian Federation Labor Code Russian Federation", namely: changes in technology and production technology, structural reorganization, improvement of jobs based on their certification. This list is open and is of an evaluative nature.

Organizational changes may include:

• changes in the organization's management structure;
• introduction of other forms of labor organization (team, rental, contract, etc.);
• changing work and rest schedules;
• introduction, replacement and revision of labor standards;
• changes in organizational structure enterprises with a redistribution of the load among departments or specific positions and, as a consequence, changes in remuneration systems.

Technological changes in working conditions may include:

• introduction of new production technologies;
• introduction of new machines, units, mechanisms;
• improvement of workplaces;
• development of new types of products;
• introduction of new or changes in technical regulations.

If we follow this logic, then such a reason as the “forgetfulness” of the employer (failure to indicate a probationary period in the employment contract) cannot fall under the basis of “change in organizational and technological working conditions”, and, accordingly, the employment contract cannot be changed without employee consent.

There are also frequent situations when the employment contract is not drawn up in writing, and the employee began work with the knowledge or on behalf of the employer or his representative (part two of Article 67 of the Labor Code of the Russian Federation). In this case, the contract is considered concluded, and the employer is obliged to formalize it with the employee in writing no later than three working days from the date the latter is allowed to work. It is worth keeping in mind that a test clause can only be included in the contract if a separate agreement has been drawn up (signed by both parties) before the start of work. Employees often do not know about this nuance and agree to the conditions that the employer offers them.

Employer Tricks

During the probationary period, both parties to the employment relationship take stock of each other. If one of the parties comes to the conclusion that they are not on the same path, then they have the right to terminate the employment contract. In this case, the employer is obliged to warn the employee in writing no later than three days in advance, with a mandatory indication of the reasons why he believes that the employee did not pass the test (Article 71 of the Labor Code of the Russian Federation). The same warning period - three days - is established for the employee. He must also notify the employer of his decision in writing. Moreover, if the test period has expired and the employee continues to work, then he is considered to have passed the test, and subsequent termination of the employment contract is allowed only for general principles, provided for in Art. 77 Labor Code of the Russian Federation. If the test result is unsatisfactory, the employment contract is terminated without taking into account the opinion of the relevant trade union body and without payment of severance pay.

When concluding an employment contract, some particularly “caring” employers resort to one of the tricks. “Let’s not make an entry in your work book during the probationary period; perhaps you won’t pass it, but why would we ruin your work record?” - the employer convinces the employee. The temptation is great: when dismissed during a probationary period at the initiative of the employer, the following entry is made in the employee’s work book:

“Dismissed as having failed to pass the test, part 1 of Article 71 of the Labor Code of the Russian Federation.”

When dismissing an employee by his own decision:

“The employment contract was terminated at the initiative of the employee, paragraph 3 of part 1 of article 77 of the Labor Code of the Russian Federation.”

But even in the latter case, a three-month period in the work book or resume does not decorate them and plays against the candidate already at the next interview. Go ahead and explain why you left the company on your own initiative after three months. It is worth keeping in mind that during the probationary period, the employee is subject to all provisions of labor legislation and other regulatory legal acts containing labor law norms, collective agreements, agreements, and local regulations. And you shouldn’t agree to such imaginary “care” from the employer.

If the employee does not agree with the decision that he did not pass the test, he can appeal this decision in court.

Another common ploy by employers is to “extend” the probationary period. The methods of putting pressure on the employee are the same: if he does not agree to this, he is threatened with making the above discordant entry in the work book. It is worth keeping in mind that such a concept as “extension” does not exist in labor legislation, and if the employment contract has a clear term (for example, a maximum of three months), then it cannot be made four or more.

If the duration of the probationary period specified in the employment contract is two months, and according to the law - three, then with the consent of the employee (and the consent must be formalized in the form of an additional agreement to the employment contract), it can be extended. But, as a rule, such situations are rare - primarily because the employer almost always sets the maximum duration of the probationary period. And then, who wants to prolong their trial?

How to protect yourself?

To avoid the fate of being dismissed at the initiative of the employer during the probationary period, you need to know by what criteria they will be evaluated. There is no clear procedure in this regard in labor legislation. We recommend discussing this with the employer when hiring (perhaps earlier), defining these criteria and documenting them (for example, in an employment contract). These may include high-quality and timely performance by the employee job responsibilities(their list can be indicated in the employment contract or in job description, which the employee is usually introduced to upon signature upon hiring). It wouldn’t hurt to have a work plan for accounting period(for example, for each month of the probationary period). It must indicate the content of the specific work, the deadline and result of its implementation, and other conditions. The employee is introduced to this plan upon signature.

Failure to comply with any conditions of the plan, as well as failure to comply with other criteria, will give the employer the opportunity to prepare written evidence that the employee cannot cope with the assigned work or does it poorly, untimely (memos, office notes, acts of violation of deadlines, detection of defects, etc.), and, accordingly, dismiss the employee. As mentioned above, the employee has the right to appeal this decision in court. If he proves that the reasons for poor quality or untimely work were reasons beyond his control (for example, lack of raw materials, breakdown of the production line, etc.), then the court will rule in his favor and he will be reinstated at work.

An employee is the main driving mechanism of every enterprise: from a small company to a large corporation. The functioning of the the whole organization. In the process of searching for suitable candidates, a significant portion of applicants are screened out according to various reasons. For rate professional qualities the prospective employee needs to be seen in action. It is for these purposes that a probationary period is provided for in the Labor Code (hereinafter in the article - the Code).

What do you need to know about the probationary period?

A probationary period may be issued to test candidates for compliance with the stated requirements. Its duration should not exceed three months. Moreover, there is one more limitation - for work that lasts from two to six months, tests are not recommended. If it is impossible to do without them, then it is permissible to arrange for their duration to be no more than two weeks.

Article 70 of the Code contains a list of persons for whom a probationary period of six months is possible. Among them:

• heads of enterprises and organizations,
• heads of structural and separate divisions, branches of organizations and enterprises,
• chief accountants and their deputies.

When passing the tests, periods of incapacity or actual absence from work for any reason are not taken into account. If the employment contract does not indicate a probationary period, then it is considered that the employee was hired without it. During the testing period, the employee is obliged to comply with the standards established in labor legislation. It is also necessary to take into account that there are some categories of persons for whom a probationary period is not established.

Restrictions on the application of the probationary period

When applying for certain citizens to work, simplified conditions of admission are used. This is based on the fact that they belong to special groups for which application general order unacceptable for a number of reasons. A probationary period is not established for the categories of persons indicated below:

• women during pregnancy,
• women with children under one and a half years old,
• minors (under 18 years old),
• employees who have entered into a contract for a period of less than two months,
• applicants who have received education (specialized secondary or higher education) in programs with state accreditation and are getting a job in their specialty for the first time within a year after the end of their studies,
• candidates who have applied for an elective position (paid),
• employees who were transferred from another company by agreement of employers,
• applicants who were selected through a competition to fill a specific position.

The first part of Article 207 of the Code also contains information about the prohibition of a probationary period for persons who have successfully completed an apprenticeship and subsequently entered into an agreement with the employer from whom they were trained. A similar restriction also applies to citizens who perform alternative civil service (clause 41 of Resolution No. 256 of May 28, 2004). In a situation where an agreement is concluded with the listed persons, which contains information about their completion of the probationary period, it is automatically canceled (will have no force). The dismissal of these employees due to failure to pass tests within the period is considered illegal (Article 71 of the Code).

To restore justice, the listed persons can sue. In accordance with Article 394 of the Code, an employee may be offered the following options:

• monetary compensation (moral damage),
• reinstatement,
• monetary compensation for the period of forced downtime.

A few words about the design of tests

All relations between employers and employees are formalized by appropriate agreements. The probationary period is no exception. A special note is placed in the contract. If there is no mention of a probationary period, it is concluded that the employee was hired on a general basis (without passing tests). If for some reason the employee began to perform his duties without signing the relevant papers (the agreement was signed later), then it is considered that he has been accepted.

A probationary period can only be issued before the start of implementation labor activity. Salaries for the specified period are paid in full size in accordance with the position held. According to Article 70 of the Code, an employee on probation has all the rights and obligations contained in labor law. In accordance with this, penalties and measures provided for in the organization for violation of internal rules may be applied to him.

When passing tests, not only the employer makes a decision regarding the employee. The latter can also analyze the situation within the company and decide on the need to continue working. If anything does not suit him, he can terminate the contract. Before this (three days in advance), the employee must notify the manager of his intention to in writing.

Negative test results are a valid reason for terminating the contract. The manager notifies the employee in writing three days in advance. The reasons must be indicated in the decision. The employee has the right to appeal it in court. If the probationary period has ended, but the employee continues to perform job duties, this is automatically considered to have passed the test. In this case, termination of the contract can be carried out on a general basis.

Penalties for violation of labor regulations

The legislation strictly regulates the relationship between employees and employers. Any violations - intentional or accidental - are punishable by certain types of penalties. Article 5.27 of the Code of Administrative Offenses provides for (administrative) liability for non-compliance with established standards. An amount of from thirty to fifty thousand rubles is collected from legal entities. Officials and individual entrepreneurs will be required to pay from one to five thousand rubles.

Errors in drawing up an agreement or its absence lead to a fine equal to ten to twenty thousand rubles for officials. For legal entities it will be fifty to one hundred thousand rubles. If the violation was committed by a person who is engaged in entrepreneurial activity without education legal entity, then the amount is from five to ten thousand. Repeated commission of these violations is punishable by increased monetary penalties and suspension of activities for certain categories of employers (Article 5.27, paragraphs 4 and 5).

The employees are the most important element when building a reliable and profitable business. It does not matter what duties they perform - draw up documentation or are directly involved in the production of goods. From correct selection personnel depends on the prosperity of the company and the quality of project implementation. Every employer strives to find a high-quality professional, but this is not always easy.

The probationary period allows you to solve a wide range of problems that arise (assessing the candidate’s personality, level of qualifications, etc.). When hiring an employee, it becomes possible to analyze his behavior and principles of work in the conditions of a particular company. Upon successful demonstration of his skills, he receives a vacant position. For many employers, this approach to employee selection is the only acceptable option, because no interview can guarantee a candidate’s 100% suitability for the position. Actual performance and actual results are the best proof of applicants' abilities.

Probation period: rules for establishing

Legislation in the field of labor relations provides for the need to conclude either an employment contract or a civil law agreement between the employee and the employer. Only if one of the specified documents is available, a person is authorized to begin work. By decision of the management of the enterprise, a person hired may be assigned. About what it is, why it is required, who should not be given a probationary period? and other subtleties of legislation we will discuss in this article.

Why is a probationary period needed?

So, probationary period is a period of time set by the employer for a newly hired employee to verify his suitability for the position held. For example, it is advisable to establish a probationary period in the case of hiring persons who have a different education than that required for a specific position, or who do not have work experience in a specific field. At the same time, such a trial period is necessary not only for the employer, but also for the employee himself in order to draw conclusions about the suitability of the chosen position, about how suitable the organization and the team are for him.

Quite often, a probationary period is established for employees who fully meet all the requirements established for a particular position. Employers do this in order to verify the accuracy of the information specified by the person in.

If, during the probationary period, the employer concludes that the person hired cannot cope with the duties assigned to his position, then the employment contract concluded with him may be terminated even before the final completion of the probationary period. In this case, the employer must notify the employee 3 days before dismissal the decision taken in writing indicating the reason for dismissal.

In order to avoid the employee having grounds to appeal to the labor inspectorate or the courts, he should be familiarized with his job responsibilities against signature. They can be recorded in the job description, as well as other local regulations. Each fact of violation of official duties must also be recorded in writing.

What does the law say about probation?

Legislative provisions regarding the probationary period contain Article 70 of the Labor Code of the Russian Federation "Job Test". This article clearly defines the optional nature of the period for probation, its deadlines, as well as the list of persons for whom a probationary period is not established.

Article 70 of the Labor Code of the Russian Federation - Test for employment

When concluding an employment contract, by agreement of the parties, it may include a provision for testing the employee in order to verify his compliance with the assigned work.

The absence of a probationary clause in the employment contract means that the employee was hired without a trial. In the event that an employee is actually allowed to work without drawing up an employment contract (part two of Article 67 of this Code), the probationary clause can be included in the employment contract only if the parties formalized it 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 labor law norms, collective agreements, agreements, and local regulations.

A hiring test is not established for:

Persons elected through a competition to fill the relevant position, conducted in the manner 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 in state-accredited educational programs and are entering work for the first time in the acquired specialty within one year from the date of receiving vocational education at the appropriate level;
persons elected to elective positions for paid work;
persons invited to work by way 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 provided for by this Code, other federal laws, and a collective agreement.

The probationary 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 by federal law.

When concluding an employment contract for a period of two to six months, the trial period cannot exceed two weeks.

The period of temporary incapacity for work and other periods when the employee was actually absent from work are not included in the probationary period.

For certain positions, a six-month probationary period may be provided. These include positions of heads of enterprises and organizations, their deputies, chief accountants and their deputies, as well as heads of structural divisions, branches and departments.

Specified officials must pass the six-month test unless they are subject to certain federal regulations that waive the employment test.

At the same time, the duration of the probationary period does not include days when the employee was on sick leave or on leave. So, if an employee was given a probationary period from March 1 to March 31, but went on sick leave from March 6 to March 10, his probation will last until April 5.

About those who cannot be given a probationary period

The mentioned article of the Labor Code provides for a list of citizens for whom it is prohibited to establish an employment test. This list includes:

Pregnant women;
persons employed before reaching 18 years of age;
women with children under 1.5 years of age;
persons holding elected positions;
persons hired for temporary work for a period of no more than 2 months;
persons who, by agreement, find employment by transfer from another enterprise;
persons finding employment in their specialty for the first time after completing their studies at a state-accredited educational institution;
employees hired based on the results of a competition.

Also, a probationary period is not established when hiring for other categories of workers, if this is provided for by local regulations. regulations within the enterprise, primarily by collective agreement.

How is a probationary period arranged?

As already noted, the need to undergo a probationary period, as well as its duration in each specific case, are determined in the employment contract, which the employer signs with the employee upon admission to work. If such information is not contained in the employment contract, it is considered that the person is hired without a test.

It happens that it is issued retroactively, when the employee has already begun to perform his job duties. In this case, the test is drawn up in the form of an additional agreement to the contract, which must be done before starting work. As noted in Article 67 of the Labor Code, if an employee starts work without signing any documents, he is considered accepted.

What is wage during the testing period?

Labor legislation establishes the right of an employee on a probationary period to receive all benefits, as well as to enjoy the rights provided for persons in their main job. This means that his salary should not differ from what he would receive if he were a main employee. This also includes bonuses and other types of material incentives established at the enterprise. But, as a rule, everyone who undergoes a probationary period receives an order of magnitude less salary. This is primarily due to the fact that the employee becomes overwhelmed with work and cannot work at full capacity.

But a similar legislative norm also applies to, since an employee on a probationary period is considered full member labor collective.

When hiring a new employee, the employer takes a certain risk: the vacancy for which the candidate is applying involves the performance of certain functions that require skills, professional knowledge and experience from the employee, and the actual level of qualifications of the employee may not correspond to them. Russian laws help companies and organizations minimize risks by giving the employer the right to hire employees who are new to the position on a probationary period. During this period, the employee demonstrates the level of his professionalism and suitability for the place, and based on the results of an assessment of his work activity, a decision is made to hire him as a permanent employee or to terminate his employment relationship.

Definition

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

The trial is not strictly compulsory: the law states that its establishment is a right but an obligation, and an employer wishing to employ a person with a probationary period must obtain his consent to do so. The laws also stipulate the duration of the probationary period. These norms are regulated by certain rules that are mandatory for compliance by any organizations.

What does the Labor Code of the Russian Federation say?

Articles 70-71 of the Code provide legislative norms relating to the probationary period. But it should be remembered that a person, even admitted to the company for a probationary period, also has other rights listed in the Labor Code. The provisions of other laws and regulations relating to labor law also apply to the subject. Consequently, such an employee has the full range of rights (and along with them, responsibilities) regulated by the Labor Code, and is responsible for his actions.

Probationary period and employment contract

As follows from the above, a test can only be established if both parties agree to it. The lack of consent of one of the parties, as well as concealment from one of the parties to the agreement of the fact of establishing a trial period, is a gross violation of the law. In a situation where the parties agreed to a trial period and determined its duration, this fact is indicated in the contract and confirmed by the signatures of the parties. If the contract does not say anything about a probationary period, the person is considered to be hired for 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 correspond certain rules: the deterioration of the employee’s position is unacceptable; all his rights under the Labor Code and other laws regulating labor relations must be respected. There are cases when a person begins his professional duties, but the contract has not yet been drawn up. In such cases, the established probationary period is drawn up in a separate document, 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 to hire a newcomer to the position. An order can be issued only after the parties have signed an agreement, in which the probationary period paragraph has also not been forgotten. If it is not in one of the documents, the establishment of the period is invalid, and the specialist is immediately added to the staff on a permanent basis.

When the test is not installed

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

The test is not prescribed:

• those who were selected through a competition to fill a vacant position;
• pregnant women, as well as mothers caring for babies under one and a half years old;
• teenagers under 18 years of age;
• 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 were elected to office;
• employees who came to work from other companies after being transferred;
• temporarily employed persons (working under a contract for no more than 2 months);
• in other cases determined by law.

How long does the term last?

The law determines the maximum possible length of the probationary period: it cannot be more than three months. Certain categories of persons can be set different terms, since the law limits its duration for a number of positions. Thus, the test period is no 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 an agreement is concluded from 2 months to six months. A 3-6 month period is established for civil servants hired for the first time or transferred to civil service. Other deadlines are also possible, determined by individual Russian laws.

Is it possible to extend the trial period?

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

The period does not include:

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

The test does not include all periods when a person is not actually at work. When the employee returns and resumes duties, the countdown is restored.

Interruption of labor relations

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

To terminate the contract early, you must:

1. Have provisions for a probationary period specified in the employment contract.
2. Officially notify the employee of dismissal. The law defines the period: three days before termination.
3. The probationary period must not have expired at the time of termination.

The warning is given 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 to resign early. If the employee considers that for some reason the position held is not suitable for him or is unacceptable, 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 valid. When the order is issued, the company must make a full settlement with the former employee within three working days.

Documentation of successfully/unsuccessfully completed trial period

The decision on whether an employee passes the test successfully or not is made by the employer. If the decision is made that the candidate is successful for the position, no further action is taken. The person simply continues to perform his duties under the conditions specified in the employment contract; this is not formalized additionally. An employee is added to the staff automatically.

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

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 an individual and as an employee, and evaluates his knowledge of labor regulations. In the characterization, the manager makes a conclusion about the employee’s ability to perform professional activities. The employee must be introduced to the characteristics, and he puts his signature under it.
2. Feedback on the newcomer's completion of the probationary period. The document is written by the immediate supervisor (he can be a foreman or foreman, head of a department or other management officials). 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. A report indicating an inadequate level of implementation, or complete non-compliance labor responsibilities.
5. A disciplinary offense confirmed by an act or a committed offense.
6. Explanatory notes, in which the employee sets out the reasons for the poor performance of his tasks and functions or their complete non-fulfillment.
7. Other protocols, notes and acts. They record violations by the employee of the terms of the employment contract, poor performance of work or complete failure to fulfill job duties.

An employee who fails 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 dismissal. The notification document is made in in paper form, it indicates the grounds and reasons why the employee is dismissed from his position. Evidence of the employee's unsatisfactory performance is attached to the notice. Having received the notification, the employee is obliged to sign each copy, one of which remains with him, and the second is transferred to the organization. It is possible that an employee refuses to sign. In this case, an act is drawn up that records that the employer has fulfilled all legal requirements in relation to the employee.
2. In the second step, a dismissal order is issued. When a decision is made to remove an employee and documentary evidence of his professional inadequacy is collected, the company 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. Next comes the settlement with the employee. On the last day of the employment contract, the employee must make all due payments.
4. Issuance of a work book. On the last day, the dismissed person is given employment history, this fact recorded by the person’s signature in the account book.

Salary during the trial period

Labor legislation states that employees undergoing a probationary period and officially hired have all the same rights as permanent employees of the organization.

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

During labor relations, the company and the employee may have various disagreements regarding the amounts and procedure for paying wages. To resolve these issues, the law provides several ways:

• the amount of salary for the probationary period is fixed in an agreement signed by both parties. A specific amount must be indicated for the trial period clearly indicated in the contract;
• when the probationary period ends and the employee successfully completes it, a decision is made to continue performing his job duties, and the organization enters into an additional agreement with its already permanent employee to the contract, which stipulates an increase in salary;
• throughout the enterprise or in its individual structural divisions a regulation is developed and published that sets out the procedure and conditions for bonus payments, as well as other allowances and incentives that depend on the achievements of employees and their length of service at the enterprise.

If an employee resigns after the completion of the probationary period, the company settles 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 by the employee (if any).

No severance pay is paid to an employee who resigns after the expiration of the probationary period.

Temporary disability and probationary leave

The law guarantees every employee, no matter whether he works on a permanent basis or on a probationary period, the right to vacation and sick leave. An employer cannot deny its 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 with a certificate of incapacity for work. The document is issued medical institution, to which the employee turned for help after treatment was completed. At the same time, as mentioned earlier, the time spent on sick leave does not count towards the probationary period.

An employee who is on sick leave is entitled to compensation payments on disability. Their size is determined based on the employee’s length of service and his average salary.

Upon resigning, an employee has the right to receive payments for vacation that he did not have time to use. This right enshrined in law. It does not matter whether the person quits during the probationary period or after its completion. It must be taken into account that an employee undergoing a probationary period could not possibly work for 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 work period:

• periods of 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 to three.

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