The term “probationary period” is familiar to everyone who has ever applied for a job - this is the employer’s legal right, over a certain period of time, to evaluate the professionalism and knowledge of a potential employee. The trial period lasts from three months to six months; the duration of the period is necessarily indicated in the employment contract; the employee must familiarize himself with all the details of the trial in advance. The employment record should not include information about the probationary period.
What is a probationary period according to the labor code?
In Russian legislation, all standards are spelled out in Article 70 of the Labor Code of the Russian Federation. There is also a definition of this term: this is a period of time that is set by the employer to assess the employee’s suitability for the position for which he is applying. At the same time, the terms and duration of the trial are specified in the employment contract itself.
Employment test
The procedure for testing a potential employee when hiring expresses the employer’s completely legal right to determine his professional skills and suitability for his position. It is important to remember that this is not a mandatory, but an additional condition of the concluded employment contract, which is made by agreement of both parties. This is not an obligation of the employer, rather it is his desire to check the employee, and if there is no doubt about the employee’s qualifications, there is no talk of any probationary period.
Probationary period when concluding an employment contract
It is worth remembering that an employee on probation is an equal member of the team, this is expressed in the fulfillment of his rights, as well as in the payment of wages. Many employers strive to offer applicants for a position a small salary. The Labor Code does not stipulate any special payment conditions for this case, but it is not directly prohibited from setting a lower salary for this time.
Registration procedure
All conditions are specified in the employment contract, which the company must conclude with the employee. The exact start and end date of the trial period (from 01/01/2002 to 01/04/2002) or its duration (two weeks, three months) is indicated. Do not forget that the employment order must indicate that the employee will be subject to verification of his suitability for the position held. One copy of the work contract is given to the employee.
Who should not be given a probationary period?
Employment under a probationary period is prohibited for a certain category of persons, which include:
- those who were selected for the position through a competition, in accordance with Russian legislation;
- pregnant women about to leave maternity leave;
- minor citizens;
- graduates of universities and other educational institutions for whom this is their first job;
- if the employee is elected to the selected paid rate;
- when transferring from another organization, for example from Moscow.
The law defines other conditions under which the employer does not have the right to order a test for passing vacant position:
- for temporary employment for up to two months;
- in the case where the employment contract is concluded before the completion of the apprenticeship period;
- in case of replacement for a specified period of civil servants of a certain category (assistants, advisers, managers);
- in the customs service when hiring graduates of specialized educational institutions Federal significance and everyone who came to the customs service through a competition.
Duration of probationary period upon hiring
The standard probationary period for employment is three months. Senior employees - managers, chief accountants, financial directors, and their deputies can undergo a professional suitability test for up to six months. Another case is fixed-term employment contracts for a period of up to six months. Then this period should not exceed two weeks.
Minimum
The minimum probationary period for employment lasts two weeks in the case of a fixed-term employment contract (up to 6 months). When concluding a regular contract, the employer himself sets the duration of the labor test - from one to three months, depending on the position held. For senior managers this is three months. At the request of the employer, the duration of the work period can be reduced.
Extension of probationary period
The duration of the labor test is fixed in two fundamental documents - the employment contract and the employment order. There are cases when the probationary period can be extended: employee illness, time off, specialized training. Only these reasons can justify an extension. The employer issues an additional order indicating the period for which the test is extended and the valid reasons that served as the basis for this.
Maximum probationary period according to the labor code
When concluding a fixed-term contract lasting from two to six months or seasonal work, the trial period can only last 2 weeks. If the employee is hired on a permanent basis, then maximum term The pre-employment test lasts six months. These deadlines are prescribed in the Labor Code Russian Federation.
Early termination
The main reason for early termination of an employment contract is successful completion of the test. The employer issues an order for early termination of the test, which details the reasons for its termination. An employee can write a letter of resignation from the company if the position in which he worked did not suit him. Does the employer have the right to terminate the labor test early if the employee’s performance is unsatisfactory? Yes, but everything must be formalized according to the law (appropriate order), and the employee must be warned in advance..
Rights of an employee during a probationary period
IN labor legislation it is clearly stated that an employee who is on probation has exactly the same rights and responsibilities as other employees of the enterprise. This applies to wages, receiving bonuses, and establishing social guarantees. The candidate has the right to appeal in court any actions of the employer that infringe on the rights of the employee, including in relation to early termination labor contract.
Is it possible to take sick leave?
An employee who is on a probationary period has the right to take sick leave, the calculation of which will be calculated according to his average daily earnings. During sick leave, the period of labor probation is not counted; it resumes its effect when the employee returns to his place of work. In the event that an employee terminates cooperation with the employer (regardless of the reason), the employer is obliged to pay sick leave.
How is the salary determined?
An employee on a probationary period is subject to labor laws. This means that his rights should in no way be less than those of the main personnel. The salary must be set according to the staffing schedule. This can be circumvented by simply introducing a reduced salary for “assistant managers” or “assistants” into the staffing table; its amount can be any, but not less than one minimum wage ( minimum size salary). The employer is obliged to pay sick leave, overtime, work in holidays and weekends.
End of probationary period
Let us immediately note that there is a situation when it is impossible to dismiss an employee after a probationary period: when during this period of time the employee became pregnant and brought the appropriate certificates. In other cases, there are two options for ending the trial period.
- positive - both parties are satisfied with the work in the organization, then the employee is included in the staff according to the job description;
- negative – the employing company is not satisfied with the quality and result of the applicant’s work, a decision is made to terminate the contract (the order in the form indicates the reasons and evidence of the employee’s negligence).
The dismissal of an employee undergoing probation is always documented in as much detail as possible, because there is a good chance that the employee will consider such actions unlawful and will sue the employer. This can be avoided by proving that the employee violated work rules, safety regulations, did not follow instructions, was absent without good reason. When hiring, it is necessary to receive a written notification from the employee with his signature that he was aware of all the internal regulations of the employer.
Video: working with a probationary period
Today it is very rare to find companies that do not set a probationary period for new employees to check their professional suitability. However, often neither the employee nor even the employer fully understands the meaning of the probationary period and the consequences of its establishment. Therefore, below we will talk about in what cases a probationary period can be established, what are the procedure and consequences of its establishment, and describe the main features associated with the probationary period.
When and in what order can a probationary period be established?
In accordance with Art. 70 of the Labor Code of the Russian Federation (hereinafter referred to as the Labor Code of the Russian Federation), a test when hiring is established by agreement of the parties to verify the employee’s compliance with the assigned work. Thus, the probationary period can only be fixed in an agreement between the parties, which is usually an employment contract. The test condition cannot be established by order of the employer and cannot be recorded in the local acts of the organization, which are introduced to the employee after hiring.
If, upon hiring, the employee was “not registered”, in other words, an employment contract was not concluded with him, then by virtue of Art. 16 Labor Code of the Russian Federation, according to general rule such an employee, however, is considered accepted and has all the rights in accordance with the Labor Code of the Russian Federation. Since in in this case If there is no employment contract, then there is no agreement on establishing a probationary period. Therefore, the employee is considered accepted without testing.
Since the probationary period is established only at the time of hiring, it cannot be established later, even by agreement of the parties. Therefore, if the employment contract concluded for hiring does not contain a record of probation, it will no longer be possible to introduce a probationary period using legal methods.
Please note that the Labor Code of the Russian Federation does not talk about a probationary period, but uses the term “test”. Therefore, in order to avoid disputes between the employee and the employer, the employment contract must indicate the establishment of a trial, and not a probationary period.
In Art. 70 and some other articles of the Labor Code of the Russian Federation indicate persons for whom probation cannot be established. Most often, this restriction applies to the following categories of persons:
- pregnant women and women with children under the age of one and a half years;
- 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(we are talking about young specialists graduating from university);
- persons invited to work by way of transfer from another employer as agreed between the employers.
Thus, even if the employment contract concluded with these persons contains a probationary condition, this condition will be invalid as contrary to the law. For these individuals, the test is fundamentally unacceptable.
As a general rule, the probationary period cannot exceed three months.. For organizational leaders, chief accountants and their deputies – 6 months. It is important to note that the probationary period does not count the time when the employee was actually absent from work, for example, sick.
Consequences of establishing a probationary period
The main consequence of establishing a probationary period is possibility of simplified termination of an employment contract, both for the employee and the employer.
The simplified procedure is expressed in the fact that an “unsatisfactory test result” is sufficient to dismiss an employee during the probationary period. Although it is important to note that unsatisfactory results must be confirmed and must be attributed specifically to business qualities employee In other words, you cannot fire an employee if there are no business claims against him, but “they don’t get along.” In the latter case, the dismissal will be considered illegal. The procedure for an employee to act in case of illegal dismissal is described in a separate article.
The main evidence of an unsatisfactory test result can be:
- orders for disciplinary action,
- memos from the immediate superior about the unsatisfactory quality of work of the subordinate,
- explanatory notes from the employee himself on the facts of violations committed,
- an act drawn up based on the results of an internal audit, etc.
It is very important for the employer to have evidence that the employee was not doing his job. If an employee is late or absent, the entire procedure for bringing disciplinary action must be followed. If an employee swears obscenely at his colleagues, it is necessary to schedule an internal inspection, collect explanatory notes and draw up a report based on the results. And this should be done in every situation when the employee’s actions are not satisfactory. In court in a dispute over illegal dismissal simple words absenteeism and an irresponsible approach to work will not be enough.
Before dismissing an employee, the employer is obliged to notify him of the upcoming dismissal no later than three days in advance. The notice must indicate the reasons why the employer concluded that the test result was unsatisfactory. Only after three days from the date of notification, the employer can issue an order to terminate the employment contract, otherwise the dismissal may be considered illegal due to non-compliance established order
. The dismissal order must be issued within the probationary period. An employee can also terminate an employment contract in a simplified manner. If usually, upon dismissal at will while on a probationary period, the employee must notify the employer of dismissal in just three days.
By by and large The establishment of a probationary period does not entail any consequences other than a simplified procedure for terminating an employment contract. Therefore, during the probationary period, the employee is endowed with the same rights as other employees of the organization.. In connection with the test, he cannot be assigned a lower wage, long working hours, etc. The only difference with such an employee is that he can be dismissed in a simplified manner. In all other respects, he has the same rights and bears the same responsibilities as his colleagues.
The Labor Code indicates that the employer has the right to assign an applicant a test when hiring. This is necessary for verification professional qualities future employee. This does not mean that the employer is obliged to establish a probationary period.
indicate that a probationary period can be established for an employee only by agreement of the parties. However, in practice this is not the case. The employer confronts the job seeker with the fact that there is a probationary period, and the salary during this period is set somewhat lower than after it.
When hiring, even if there is a probationary period, the employer enters into an employment contract with the employee. The contract must indicate that the employee is hired “with a probationary period of ....”. The salary that the employer is going to pay the employee during the trial must also be specified in the contract. If there is no provision in the employment contract about assigning a test to the applicant when hiring, this means that the employee was hired for a vacant position without a probationary period.
Article 70 of the Labor Code of the Russian Federation states that the duration of the probationary period cannot exceed 3 months. If the head of the organization, his deputy, the chief accountant or his deputy is hired, the probationary period is increased to 6 months. If a fixed-term employment contract is concluded with an applicant for a vacant position for a period of 2 to 6 months, then the probationary period cannot exceed 2 weeks. If the employee was sick or actually absent from work for other reasons, these periods are deducted from the probationary period.
- persons who occupy a vacant position as a result of a competition;
- pregnant women;
- women who have a child under 3 years of age;
- minor workers;
- persons holding an elected position;
- persons occupying a vacant position as a result of a transfer from another employer;
- applicants who enter into an employment contract for a period of less than 2 months;
- to other persons, if this is provided for by local regulations or collective agreements.
The employee must understand that if there is a test, then there must be its results. They can be both positive and negative.
If the employee passes the test, then there is no need to conclude a new employment contract with him. He continues to work under the conditions specified in the employment contract concluded upon acceptance. If the results of the test, in the opinion of the employer, are negative, then he can terminate the employment contract with the employee before the end of the probationary period.
To do this he must writing warn the employee about the upcoming dismissal 3 days in advance. The notice of termination must also detail the reasons. The employer must justify its decision regarding negative test results.
If the employee does not agree with the results of the test, he must also notify the employer about this. If he considers his dismissal illegal, he has the right to appeal to labor inspection or to court. The opinion of the trade union is not taken into account in this case. The employee also has the right to terminate the employment contract with the employer if, during the test, he decides that this work It doesn't suit him for a number of reasons. To do this, he must notify the employer in writing 3 days in advance.
Probation period according to the labor code
According to established practice, a probationary period is a certain period of time during which the employer checks the suitability of the employee being hired for the position for which he is being hired.
Establishing the period required for probation is the right of the employer, but not his obligation. Therefore, if he believes that the applicant is suitable for the vacant position, he can hire him without passing the test.
The employer has the right to apply a probationary period to one or another applicant for a vacant position, regardless of the organizational and legal form of the enterprise and the goals of economic activity.
The appointment of a probationary period is regulated by Art. 70 Labor Code of the Russian Federation and Art. 71 Labor Code of the Russian Federation. But this does not mean that he works on preferential or special terms. Absolutely all norms of the current labor legislation, as well as other regulations containing labor law norms, apply to it. That is, he has all labor rights and must perform all labor duties, and can also be held accountable for violating the norms of the Labor Code of the Russian Federation.
A probationary period can only be established by agreement of the parties. That is, if one party (usually a future employee) did not know about the establishment of the test or was not properly notified, this is considered a gross violation of the norms of the Labor Code of the Russian Federation.
Therefore, the employer must notify his future employee that he intends to set a certain period for checking him professional suitability. The duration of the period must be announced. The applicant does not have to agree! But he may offer the future employer another term. When the parties come to a mutual agreement, they sign an employment contract, which specifies the duration of the tests for a specific applicant.
The duration of the probationary period is not an essential condition of the employment contract, that is, without this clause the contract will be valid. Moreover, if during labor relations the parties have agreed that the test period needs to be changed, then they can sign an additional agreement and include this provision in it.
Based on the signed employment contract or additional agreement, an order is issued, which also reflects the duration of the probationary period. If such conditions are absent, the employee is considered accepted without a probationary period.
Working conditions during the probationary period should not be worse than after its completion. This right to the employee is guaranteed by Art. 70 Labor Code of the Russian Federation. In addition, a real employment contract is immediately concluded with the employee, and not for the duration of the test. An employer cannot conclude a fixed-term contract on such a basis as during the probationary period, since this is not the basis for concluding a fixed-term contract. This is a violation of current legislation.
The same situation applies to wages. It should not be less than what other employees receive in a similar position and with the same work experience as the new employee. That is, the employer does not have the right to stipulate in the employment contract one amount of remuneration for the duration of the trial, and then another amount.
But employers found a way out of this situation without violating the norms of the Labor Code of the Russian Federation. They set low salaries for all employees, regardless of position, qualifications and work experience. And then they pay their employees monthly bonuses, taking these facts into account. Therefore, an employee on a probationary period, as a rule, receives less than other employees.
It is possible to carry out dismissal during a probationary period according to a simplified scheme, regardless of who is the initiator - the employee or the employer. If one of the parties comes to the conclusion that this employment relationship is impossible, then the employment contract is terminated without the participation of the trade union organization and payment of severance pay.
To whom the probationary period does not apply
The law establishes a certain circle of persons to whom a probationary period cannot be applied as a measure of professionalism. The circle of such workers is defined in Art. 70 Labor Code of the Russian Federation. These include:
- applicants who are accepted for a vacant position based on the results of a competition;
- pregnant women, with the appropriate certificate, and persons who have a child under the age of 1.5 years;
- minor applicants;
- applicants who are university graduates and who get a job for the first time within 1 year after graduation;
- applicants who are intentionally elected to a given position;
- employees with whom an employment contract is concluded due to a transfer from another employer, if there is an appropriate agreement between these employers;
- applicants who enter into an employment contract for a period not exceeding 2 months;
- applicants of other categories, which are prescribed in other, more “narrow” regulations.
In relation to these employees, the employer does not have the right to apply tests when applying for a job.
Exceeding the probationary period
The maximum duration of the probationary period, according to current legislation, is 3 months. That is, the employer does not have the right to check the professionalism of his employee beyond this period.
But there are several categories of employees for whom the probationary period should not exceed the time limit strictly established by law. Therefore, the employer must first determine whether his new employee belongs to this category or not, and only then set tests for him for a certain period.
A probationary period of no more than 6 months is established for:
- the head of the enterprise, as well as for his deputy;
- head of a branch, representative office, structural unit;
- chief accountant and his deputy.
The probationary period cannot exceed more than 2 weeks for applicants:
- concluding an employment contract for a period of 2 months to six months;
- working in seasonal jobs.
Tests for a period of 3 to 6 months are established:
- for civil servants who are hired for the first time;
- for persons who are transferred to the public service for the first time.
In more “narrow” regulations governing the activities various categories workers, other testing dates may be established. Therefore, if an employer is guided by such regulations to conduct its activities, then it must take this into account when hiring new employees.
If the probationary period is specified in the employment contract and does not exceed the duration established by law, then it can be changed. The manager has the right to shorten the probationary period of his employee without compelling reasons, but he has no right to increase it.
However, there are periods of work that are not included in the employee’s probationary period, that is, they actually increase the probationary period for a particular employee. These are time periods such as:
- a period of illness, that is, the employee can justify his absence with a certificate of incapacity for work;
- administrative leave, that is, leave when the employee does not retain his salary;
- study leave, that is, absence from work due to training;
- the employee is engaged in public works or performs government duties;
- absence of an employee from his/her workplace for other valid reasons.
In effect, these periods extend the probationary period of a particular employee, although there are no changes to the employment contract.
The probationary period applies to a fixed-term employment contract
You can conclude either a fixed-term employment contract with an employee or a contract with a specified duration. This point is reached by agreement of the parties. The duration of the employment relationship must be specified in the employment contract. A probationary period can also be applied to such an employee, but with some nuances.
A fixed-term employment contract can only be drawn up in certain cases. These are cases such as:
- for a period of no more than 5 years;
- a worker is hired to perform a certain amount of work when the exact date The completion of such work cannot be determined. This should be stated in the employment contract;
- temporary absence of another employee. An often common case is an employee’s maternity leave;
- performing seasonal work. For example, harvesting or sowing.
In other cases, the employment contract is concluded for an indefinite period.
With a fixed-term employment contract, the duration of the trial is also established by agreement of the parties, as with an open-ended contract. Apply General terms purpose of the test. The period for checking a new employee cannot also exceed 3 months. But if a new employee is hired for a period of 2 months to six months, then the employer cannot set a verification period of more than 2 weeks. This situation arises when an employee, for example, is hired to perform seasonal work.
If an employee is hired for a period that does not exceed 2 months, then the employer does not have the right to set a probationary period. If the employer insists on this, then he violates the basic labor rights of the employee.
An employee is the main driving mechanism of every enterprise: from a small company to a large corporation. The functioning of the entire organization depends on the quality of his work. In the process of searching for suitable candidates, a significant portion of applicants are eliminated for various reasons. To assess the professional qualities of a prospective employee, it is necessary to see him 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 you cannot 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 the application of the general procedure is 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 elected 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 undergo an 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 test design
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 work. Salaries for the specified period are paid in full 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 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 responsibilities, then this is automatically considered passing 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 punished certain types penalties. Article 5.27 of the Administrative Code provides for liability (administrative) for non-compliance 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. The prosperity of the company and the quality of project implementation depend on the correct selection of personnel. 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. If he successfully demonstrates 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
Probation - handy tool preliminary assessment. The employer gets the opportunity to check the selected employee, his professional and personal qualities. And the applicant will have time to take a closer look at the new place: the conditions, the team and the availability of further prospects.
In order for the trial period to be productive and not cause controversial situations, the parties must discuss the conditions for completion and registration issues.
What is a probationary period according to the Labor Code of the Russian Federation?
The regulatory basis for passing the inspection is two articles of the Labor Code:
- №70 - "Test for employment."
- №71 – “Result of the test when applying for a job.”
From the point of view of the law, a probationary period is the period during which the employer can dismiss an employee under a simplified scheme: there is no need to detain the employee for two weeks, plus the decision to dismiss does not need to be agreed upon with trade unions.
A citizen on probation can also initiate early termination of cooperation. Both parties are required to give 3 days notice of their decision. In all other aspects, the passage of the trial period is no different from the normal work process. The new cadre has all the rights and responsibilities of a staff member. 
Design nuances
Sometimes applicants mistakenly believe that the employer is guided only by oral agreements. In fact, in order to have the advantage of simplified dismissal, the organization has to complicate the process of recruiting personnel:
- The employment contract must contain a special clause clearly indicating the end date of the test.
- Additionally, a Regulation is drawn up, which specifies the conditions for passing the probationary period, as well as specific criteria by which the candidacy will be assessed.
- Second copies of documents are issued to the new employee. The employee's signature is required, confirming that he has been familiarized with job descriptions, standards and internal rules.
Dismissal procedure
An enterprise has no right to refuse an employee without reason. All arguments are documented and previously agreed upon in the Regulations.
It is advisable to keep a special log during the verification period. It notes both positive and negative indicators of the candidate:
- implementation of plans;
- compliance with job descriptions;
- facts of violation of discipline (for example, being late or smoking, if this is prohibited by internal regulations);
- conflict (complaints from colleagues), etc.
An employee has the right to be interested in the contents of the book and ask clarifying questions to the curator.
If the employer decides to terminate the employment of the subject, written notice must be prepared and delivered no later than 3 days before the deadline. The document must be accompanied by compelling reasons for refusal (at least three):
- journal entries;
- reports from immediate supervisors;
- acts of acceptance of work or goods;
- customer complaints, etc.
Within three days from the moment the employee reads the notice, the company issues a dismissal order and closes its block in the work book with the entry “due to unsatisfactory results.” In this case, a reference to Article 71 must be indicated. Labor Code RF.
On the last working day, the employee is given his work and pay slips. Severance pay not paid (Article 71, Part 2).
Legally, the listed actions are sufficient to remove all claims from the enterprise and prevent litigation. 
How to avoid an unpleasant entry in your employment record
The main advantage of a probationary period for an organization is the ability to quickly eliminate a negligent employee if he suffers because of it manufacturing process. After all, it is not always possible to understand in advance whether a person is sufficiently qualified for a particular position, even after a long and thorough interview.
In this regard, many applicants are afraid to agree to a probationary period, thinking that it will spoil them work book. In fact, a record of a candidate's failure to pass the test appears only in extreme cases.
Practice shows that usually all disagreements are resolved peacefully. To do this, the parties agree on the nuances in advance and record them in the Regulations.
For example, if a candidate fails to cope with his responsibilities, the employer warns of his intention to fire him. It gives the employee the opportunity to familiarize himself with the preliminary results within 24 hours and write a statement of his own free will. In this case, the work place is closed as usual.
This state of affairs is also beneficial to the entrepreneur himself, as it frees him from additional formalities. 
Duration and extension of time
The end date of the test is clearly stated in the employment contract and has its limitations:
- The standard probationary period may be from two weeks to three months.
- The employer has the right to establish more long time(up to six months) for chief accountants and management positions.
- The verification period cannot exceed two weeks for employees hired under a temporary or fixed-term contract. If the contract is concluded for a period of less than two months, the trial is not assigned at all.
- Civil servants, as well as persons appointed to responsible government vacancies, may be tested for a period of one year.
Both the employer and the employee have the right to interrupt the verification process ahead of schedule by giving 3 days’ notice. And here neither party can extend the trial(except for situations where the subject went on sick leave).
There are times when an enterprise, having become convinced of the employee’s value before the deadline, takes the initiative to cancel the test. If the candidate does not object, an addition to the employment contract is drawn up. If the period has come to an end and no applications or notifications have been received, the person is automatically considered permanently enrolled.
Who is not eligible to offer a test?
The most important condition of the probationary period is the consent given by the applicant. In addition, there are preferential categories:
- pregnant women or with children under 1.5 years of age;
- minors;
- young specialists who have graduated educational establishments according to their profile and proposed their candidacy in the first year after receiving their diploma;
- applicants who have passed the competition test;
- employees who entered the translation company;
- seasonal workers who have entered into a contract for a period of up to 2 months.
The listed persons are not offered a probationary period. An exception is the hiring of civil servants. In these cases, special categories may be assigned a verification period of up to three months. 
Is it possible to take sick leave?
According to the Labor Code of the Russian Federation, employees, regardless of whether they work on a permanent basis or not, have all social rights. This also applies to compensation payments for temporary disability.
Anyone can get sick. If such a nuisance happened during the probationary period, the procedure for registering sick leave remains normal. On the first day, you must notify management (you can by phone), see a doctor and open a sick leave sheet.
On the last day of illness, it is necessary to issue a certificate in the following manner:
- on a special hospital form;
- with the seals of the doctor and the medical institution;
- indicating the name of the enterprise and position (there is no need to mention the probationary period).
Upon returning to work, the person is provided with sick leave to the HR or accounting department.
Compensation is calculated according to the minimum wage system or on the basis of salary certificates at previous places of work for the last two years.
If a candidate goes on sick leave, the probationary period is automatically extended by the number of days missed.
Can wages be lower?
During the test, the candidate cannot establish a payment less than that provided for the position in staffing table
. A salary reduction based on an “internship” is considered illegal.
If an employee fulfills his duties in full, in addition to his salary, he is also entitled to allowances and bonuses provided by the enterprise (for example, for fulfilling the plan).
Options are allowed when an additional agreement is signed with an employee, according to which he receives only a salary, but performs only part of his duties (while he is getting used to new job). As the volume of work increases, so does the additional payment.
Is experience taken into account?
According to Article No. 16 of the Code of the Russian Federation, an agreement must be concluded with an employee authorized to perform work at the enterprise. During the first five days, an order for appointment to a position is issued and an entry is made in the work book.
This also applies to new employees whose contract contains a clause on completing a probationary period. Articles 70 and 71 relate only to special conditions for accelerated dismissal, but do not in any way affect the infringement of human rights.
All days of testing are included in the total length of service. The employer does not have the right to draw up a contract retroactively.
Whatever the final results of the probationary period, whether the person remains in the organization or not, he has the right to official employment and the use of all rights provided for by the Labor Code of the Russian Federation.
Video about testing candidates
The video provides details on how to correctly set a probationary period for a job applicant:
