How long is the probationary period? Probationary period for employment - labor code

According to the Labor Code, they are no different from other personnel. It is subject to similar requirements collective agreement, local regulations and other documents. However, the legal situation has important nuances.

Salary

When establishing remuneration, it must be taken into account that it must be equivalent to the position of a permanent employee. The law prohibits discrimination and underbidding. This is one of the main rights of an employee during a probationary period.

If the contract concluded for the trial period contains one amount, and at the end of the inspection the employee receives another - in a smaller amount, such actions are considered unlawful. A similar rule applies when paying bonuses provided for by the internal documents of the organization.

EXAMPLE
The company Sfera-Plus LLC hired Skvortsov as a logistics operator with a probationary period of three months. The salary here for the main employee in a similar field of activity is 25,000 rubles. with a bonus surcharge of 30%. At the end of the month, all employees received bonuses. What amount is due to Skvortsov?

Solution:

The salary amount will be: 25,000 rubles.
Premium payments are equal to:
25,000 x 30%=7500 rub.
Amount given to Skvortsov:
25,000+7500=32,500 rub.

Compensation during and after

Organizations can provide not only but also additional privileges for their subordinates. For example, voluntary health insurance(VHI). By general rules, the tested employee works under the same conditions as the main personnel, and therefore has the right to enjoy the required compensation, benefits and other bonuses. If this requirement is not met, the employer risks receiving claims from the labor inspectorate.

But there is an exception. If the company’s documents state that privileges are granted only after working a certain amount of time, and the probationary period is less than or equal to this period, violations rights of an employee during a probationary period there won't be. A new employee will be able to take advantage of benefits immediately upon joining the staff.

Dismissal

The legislation gives the employee the right to terminate the contract for at will at any moment. An important condition is to notify the employer in writing three days before the planned date of leaving the position. The application is made in free form. An example is presented below.

If the test results are unsatisfactory, the employer has the right to terminate the contract before the end of the specified period. He draws up a written notice and sends it to the employee three days before the expected date of dismissal. This document contains:

information about the company – name, address, telephone and other details;
Full name, position and structural unit of the addressee;
information about the decision made. Here is the approximate wording:

In addition, you need:

justify the reasons for unsatisfactory completion of the test;
attach supporting documents - memos from the manager, reports on the release of substandard goods, written complaints from clients or business partners, etc.;
enter the date and signatures of the parties.

Pre-trial appeal

In practice, not all employers are law-abiding. Sometimes the interests of subordinates are infringed in relation to:

duration of the trial period;
illegality of dismissal;
the unfoundedness of the decision about the insufficient level of competence.

If in doubt, it is necessary to understand everything in detail. To do this, we recommend that you contact a qualified lawyer who can try to resolve the issue out of court. Such a specialist will draw up and present a claim to the employer, arguing the offense committed and the possible consequences.

In the absence of progress a probationary employee has the right go to court to appeal decision taken or reinstatement at work (Article 71 of the Labor Code of the Russian Federation).

Frequent violations by employers

The following are usually considered unlawful:

establishing a probationary period for persons for whom the law allows employment without passing such a test (women in position, minors, etc.).
untimely notification of an employee about dismissal due to unsatisfactory results or other reasons;
acceptance of a newcomer with a probationary period, but this condition is not included in the contract;
recognition of the test result as unsatisfactory without legal documentary evidence;
absence of a list of job responsibilities in the contract;
the date of dismissal was set outside the time established for the competency test.

When hiring new employees, it is important for the manager to know them rights and obligations during the probationary period. Then you can complete all formalities without violations or correct mistakes without litigation. And the applicant will be able to protect his interests if a conflict arises.

When a person applies for a job, they are invited to attend an interview. This is the case if he has never worked in this company. If a potential employee successfully passes the interview and has skills and experience that match the vacancy, he is hired. However, this is not yet final success.

Probation period - what is it?

Probation upon hiring - the period when a new employee began to perform duties in the company for the first time, and his work is assessed by a potentially permanent employer. The probationary period is a chance for both parties to understand:

To the employer - whether the employee is suitable for the position.
The employee is satisfied with the team, duties and working conditions.

Probationary period - pros and cons

Working with a probationary period has its advantages and disadvantages. Recruiting and retaining valuable employees is a daunting task for HR professionals. The introduction of a probationary period is a kind of guarantee of hiring a suitable employee. Advantages for the employer:

The ability to evaluate an employee’s performance without significant risks.
The right to terminate probation without any consequences.
Lack of significant financial investments (for example, benefits) until the end of the “examination” period.

There are also significant disadvantages:

The employee may leave before the expiration of the probationary period, leaving him with a “new” vacancy.
The risk of wasted finances if:

the employee decided to leave;
the candidate was not suitable.

For the applicant, the probationary period is also replete with pros and cons. Undoubted advantages:

a chance to “fit in” to the position;
the opportunity to see the company from the inside;
lack of serious obligations when leaving.

Not so pleasant aspects:

reduced wage rate;
the risk of “flying out” and being left without work;
lack of a full package of benefits.

To avoid negative aspects When applying for a job with a probationary period, you need to get answers from the employer to the following questions:

How long will the probationary period last?
Who will evaluate and when?
If a reduced salary is offered during the trial period, when will it increase?
How many people were tested for this position, and how many were eliminated?
What specific duties will be performed?

Before agreeing to a probationary period, it is important:

Understand all its terms.
Be willing to go the extra mile to make an impression.

It is common practice for employers to expect more from newcomers - to perform work that is not directly related to the job description. For example, after hours or little things like “running for coffee” and “changing the cartridge in the printer.” It's okay if in moderation. These situations test your ability to:

be active;
work in a team;
come face to face with .

Probation period

The probationary period must be specified in the employment contract. According to the Labor Code of the Russian Federation, it can last up to 3 months, no more. During this period, the employee has all rights in accordance with labor laws. A probationary period of 6-12 months can be assigned for management positions (director, branch manager) and their deputies, as well as for:

chief accountant;
police officer;
civil servant;
law enforcement officer.

Probation cannot be extended. If the probationary period expires and the employee continues to work, he is considered to have completed it successfully. Applicants of some categories are not subject to a probationary period:

pregnant women;
mothers with children under 1.5 years old;
employees under 18 years of age;
employees with an employment contract of less than 2 months.

I haven’t passed the probationary period – what should I do?

Failure to complete probation is not the end of the world. If all the issues were discussed before it began, and the “failure” was honest on the part of the employer, it is worth moving on:

first calm down;
then rest;
update your resume;
start searching - your dream job is still ahead!

How to quit during a probationary period?

Dismissal during the probationary period works both ways. The law states that an employee has the right to terminate an employment contract during the probationary period on his own initiative:

Reporting your decision three days in advance.
By writing a letter of resignation.

It is not necessary to inform the employer about the reasons for leaving - a simple written notice will suffice. However, there are some points:

Workout. In the case of full-time work, it lasts two weeks. If you leave voluntarily during the test, it is reduced to three days.
The financially responsible person, upon dismissal during the probationary period, must transfer all matters to the receiver.

Can they be fired during a probationary period?

Dismissal during a probationary period at the initiative of the employer and in connection with unsuccessful result Maybe. But must be respected certain rules, the employer must:

Establish clear criteria for evaluating an employee for a probationary period.
Issue work assignments in writing.
Provide at least 3 days notice prior to termination date.
Provide a reasonable explanation of the reasons.

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 wages at this time it is set slightly 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 the applicant a test when applying for a job, this means that the employee has been hired for vacant position without probation 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 warn the employee in writing 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 the future employee) did not know about the establishment of the test or was not properly notified, this is considered gross violation 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 his 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, in order to conduct its activities, is guided by such regulations, then he 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 being engaged in public works or performing government duties;
absence of an employee from his/her workplace for other valid reasons.

In fact, 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 concluded 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 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 conditions purpose of the test. The period for checking a new employee cannot 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 this employee.

The probationary period of the Labor Code of the Russian Federation is established with some restrictions. All important information You will learn about the specifics of establishing an employment test from this article.

What does Art. 70 of the Labor Code with comments about the probationary period?

Based on the prescribed norms in Art. 70 of the Labor Code of the Russian Federation, a probationary period for hiring is established only if there is agreement between the parties - the employee and the employer. The probationary period must be specified in the employment contract or other written agreement signed before the start of work. At the same time, the employment contract may not contain a verification clause, since it is not considered mandatory (Article 57 of the Labor Code).

Read more about the contents of the employment contract in the material "St. 57 Labor Code of the Russian Federation: questions and answers" .

In addition to declaring the test condition in the contract itself, the employing company is obliged to indicate this in the employment order - in accordance with Part 1 of Art. 68 of the Labor Code, what is stated in the order must fully comply with the terms of the concluded employment contract.

For a probationary period, the Labor Code of the Russian Federation stipulates in the agreement between the employee and the employer the need to indicate a special condition. If the test is not mentioned in the contract, then it is considered that the employee is immediately hired without any reservations.

In the event that the agreement was not drawn up in writing upon the actual admission of the employee (in accordance with Part 2 of Article 67 of the Labor Code), the test condition must be stated in a separate agreement. It is important that this document is signed before the new employee begins work.

The condition for passing such verification allows:

assess the quality of performance of the duties assigned to the employee;
check compliance business qualities(working skills) of the new employee to the existing requirements of the employer;
determine the beginner’s level of discipline.

At the same time, during the probationary period, the employee should not experience any discriminatory manifestations in the form of a reduction in wages (Part 2 of Article 132 of the Labor Code) or deterioration of working conditions. Indeed, during the probationary period under the Labor Code of the Russian Federation in 2019, as before, the provisions of labor legislation, the collective agreement and other internal regulations in the company must be observed.

To whom, according to Part 4 of Art. 70 of the Labor Code of the Russian Federation is it impossible to establish a test when hiring?

In accordance with Part 4 of Art. 70 of the Labor Code of the Russian Federation, certain categories of employed persons cannot be subject to a probationary period. Thus, the Labor Code in Art. 70 determines that the employer does not have the right to impose a condition on checking the qualities of a newcomer in an employment contract:

for pregnant women and mothers with young (under 1.5 years of age) children;
employees selected on a competitive basis to fill a position;
young specialists who have recently (within 1 year) completed their studies under a state program at a vocational school or university, if this is their first place of work in their specialty;
minors;
persons elected to an elective position with an agreed salary;
those employees who were invited on the basis of transfer from another company;
workers employed for a period of less than 2 months.

What is the maximum probationary period and can it be extended?

The probationary period according to the Labor Code of the Russian Federation should not exceed:

6 months for persons holding management positions, chief accountants and their deputies;
3 months for all other categories of employees;
2 weeks if the contract is concluded for 2-6 months (Article 70 of the Labor Code of the Russian Federation with comments).

Establishing a test for employment for a period of less than 2 months is prohibited (Articles 70, 289 of the Labor Code of the Russian Federation).

The length of the probationary period for employees is also established federal laws. You can read about the maximum duration of the probationary period for various categories of employees in the article “Probationary period when hiring (nuances)”.

If a new employee was sick or absent from work during the probationary period good reason(for example, he was on vacation or did not work due to downtime of the enterprise), then, according to the Labor Code of the Russian Federation, in 2019 the probationary period is extended by the number of working days missed due to this.

In such circumstances, the employer must order that the test be extended (to a certain date) due to the occurrence of one of the above reasons. The employee must be familiarized with this order against signature.

You can learn more about the testing period from our article “Probationary period when hiring (nuances)” .

Art. 71 of the Labor Code of the Russian Federation: dismissal during the probationary period and at its end

In addition to Art. 70 of the Labor Code of the Russian Federation, this area is also regulated by Art. 71 of this Code. It contains rules for the employer’s response to the results of the subject’s activities.

Completion of the probationary period is usually not documented. If the test period has expired and the employee continues to work, then it is considered that he has passed the test and is recognized as an employee whose skills, discipline and work habits meet the requirements stated by the employer.

If the subject does not correspond to the position for which he is applying, then the employer is given the right to dismiss the candidate under a simplified procedure. According to the Labor Code of the Russian Federation, dismissal during a probationary period can occur during the period of testing.

In the case where the employer decides to dismiss an employee early because he has not completed the probationary period, Art. 71 of the Labor Code of the Russian Federation obliges the failed employee to notify his decision three days before dismissal. At the same time, this notice must necessarily indicate the reasons for dismissal. Dismissal during the probationary period is carried out without payment of severance pay and without agreement with the trade union.

If an employee believes that he was fired unfairly, he can appeal the employer's decision in court.

If the employee himself wants to quit while undergoing probation (for example, if working conditions turn out to be such that do not meet his expectations), according to the Labor Code of the Russian Federation, he himself can interrupt the probationary period, but is obliged to notify the employer of his decision also before 3 days. Such notice must be in writing in the form of a statement and delivered to an authorized representative of the employer (sent by mail).

You will find more information about dismissal during the probationary period in our article “The procedure for dismissal during the probationary period (nuances)” .

Results

Article 70 of the Labor Code of the Russian Federation contains rules according to which, during employment, the employer can establish a check for a new employee for a limited time. This probationary period according to the Labor Code in 2019 cannot be more than 3 months (and for leadership positions- 6 months). If the work is supposed to be short-term (from 2 months to six months), then no more than 2 weeks. And if the employment period does not exceed 2 months, then the probationary condition cannot be specified at all.

At the end of the probationary period, the employer must decide whether the employee is suitable for him or whether he needs to be fired. If the employee continues to work after completing the test, then he is considered hired.

The probationary period is a convenient preliminary assessment tool. 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 special item with a clear indication of 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 evaluated.
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, regulations 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 of the Labor Code of the Russian Federation must be indicated.

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 production 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 and write a statement of your own free will. In this case, the labor office 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 year.

Both the employer and the employee have the right to interrupt the verification process ahead of schedule by giving 3 days’ notice. But neither party can extend the trial(except for situations where the subject went on sick leave).

There are cases when an enterprise, having become convinced of the employee’s value ahead of schedule, takes the initiative to cancel the test. If the candidate does not object, an addition to the employment contract. 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 institutions 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 assign 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 need to notify management (you can by phone), see a doctor and open a sick leave.

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 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 pay cut 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 enjoy all the rights provided for by the Labor Code of the Russian Federation.