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New job: how to successfully pass the probationary period. Dismissal during the probationary period. About salary promises

Experts recommend that even if a person at first glance is ideally suited for any position, conclude with him employment contract with a trial period. In this case, it will be possible to evaluate professional quality and terminate the contract if it does not suit the employer. Let's take a closer look at what is probation employee.

General information

The Labor Code with comments to the articles quite clearly regulates the procedure for registering a person for a particular position. Recruitment is often a lengthy process. Typically, hiring is based on the results of an interview. Often, when hiring, he is offered professional tests.

However, even the most careful selection of personnel does not eliminate the risk to the employer. The new person may be insufficiently qualified or disciplined as a result. To assess how he meets the requirements of the enterprise, it is advisable to establish a probationary period for the employee. To implement this, it is necessary not only to stipulate, but legally correctly draw up an agreement. The Labor Code, with commentaries to the articles, establishes the legal basis for employment with such conditions. However, you need to know some nuances in order to avoid mistakes in practice.

Principles for establishing a probationary period at work

As mentioned above, this period is necessary to check the professional and some personal qualities of a person. Employment in this case is subject to a number of conditions. These include, in particular:

• A probationary period is established for hired people who have not previously held any position in the enterprise. For example, this applies to cases when a specialist is transferred to a higher position or to another department.
• The probationary period is established before the moment a person begins to perform his duties. This means that an appropriate agreement must be drawn up at the enterprise before starting activities. It is a contract for a trial period (a separate annex) or these conditions fit into the general contract. Otherwise, this agreement has no legal force.

It should be noted that the condition on the application of the probationary period must be present not only directly in the contract of employment, but also in the order for enrolling a person in the state. At the same time, the future employee must confirm with his signature the fact of familiarization and agreement with these facts. It is not necessary to put a mark on the appointment of a probationary period in the work book.

Legal registration

As stated in the Labor Code, the probationary period is applied only in accordance with the agreement of the parties. Terms of registration must be documented. The main document is an employment contract with a trial period. If the conditions are fixed only in the order, then this is considered a violation of the law. In this case Judicial authority recognizes the conditions for the appointment of the test as invalid.

In addition to the main contract and order, the procedure for registering an employee can be reflected directly in his application for a request for appointment to a particular position. It should be said that the duties of the employer include not only legally competent execution of the contract and other documents, but also familiarization of the future employee with labor duties, rules internal regulations at the enterprise, job description. This fact the employee certifies with his signature. This is of particular importance if the person has not passed the probationary period. If the employer is forced to dismiss an employee who has not endured the established period, the fact of his familiarization with the duties is used to confirm his inadequacy for the assigned position.

Alternative option

Quite often employers instead of open-ended contract with a trial period enter into a fixed-term agreement. In their opinion, such a design of an employee greatly simplifies the situation when a person has not coped with the tasks set and should be fired. The term of the fixed-term contract will end, and the employee will leave on his own. However, the law establishes certain conditions for concluding such an agreement. Thus, according to Article 58 of the Labor Code, the execution of a fixed-term contract in order to evade the provision of guarantees and rights provided for employees for whom an open-ended contract should be used is prohibited. To comply with these conditions, it is recommended to apply Special attention courts in dealing with violations.

Decree of the Plenum of the Supreme Court (Supreme Court) No. 63 (dated December 28, 2006), paragraph 13

If, during the consideration of a dispute on the legality of drawing up a fixed-term agreement, it is revealed that it was concluded by an employee involuntarily, then the court applies the rules of the contract for an indefinite period. If a person applied to a legal authority or to the relevant inspection, then the contract may be recognized as concluded for an indefinite period. In this case, no probationary period is assigned. During the probationary period, a person is subject to the relevant provisions of the legislation and other acts, which contain the norms of the established law, collective agreement, contract, local documents.

Salary

It is considered a violation of the law to establish a lower remuneration for an employee's activities for the period of probation in an employment contract. The norms do not provide that the salary of a specialist in this case is different. In the event of a conflict situation, the employee has the right to receive underpayment in court. On the part of the employer, this moment can be decided different ways. In particular, when drawing up an employment contract, the amount of payment for the trial period is indicated as permanent. At the end of the period, an additional agreement is signed with the specialist, which establishes an increase in payment. Also, the company may adopt a provision on bonuses. The amount of these additional payments can be established in accordance with the length of service.

Dismissal procedure

During the probationary period, the employee is also subject to guarantees and norms related to the grounds for the employer to refuse the employee's services on his own initiative. They are provided for in Article 81. An employment contract cannot include additional grounds that are not established by law. These, for example, include reasons for "expediency" or "at the discretion of management." These terms are often found in contracts. However, they do not comply with the law.

Vacation

The probationary period is included in the length of service of the employee. It gives the right to basic annual paid leave. In case of dismissal during the probationary period or after its completion, despite the fact that the person did not fulfill his duties at the enterprise for six months, he is entitled to compensation for the unused vacation period. It is appointed in proportion to the period of his stay at the enterprise as an employee.

Special cases

When drawing up an employment contract, you need to know that the law excludes the possibility of applying a probationary period to a number of categories of persons. These include:

• Elected by competition for the filling of a particular position, held in accordance with the procedure established by law or other regulatory acts.
• Women who are pregnant or have dependent children under one and a half years old.
• Persons under 18 years of age.
• Invited to work in the order of transfer from another employer as agreed between the management of enterprises.
• Persons applying for work under a contract for a period of less than two months and others.

Period duration

A trial period of 3 months is established in general cases. For managers, chief accountants and their deputies, directors of representative offices, branches and other structural separate subdivisions - six months, unless otherwise provided by the Federal Law. When drawing up an employment contract for 3-6 months, the probationary period is no more than two weeks.

This period does not include the days when the employee was actually absent from the enterprise. This may be temporary disability due to illness, for example. In practice, employers often resort to extending the probationary period specified in the contract. These actions are against the law. If at the end of the term the employer has not decided to dismiss, the employee is considered to have passed the test. In some cases, there is long duration period. It is regulated by Art. 27 of the Federal Law No. 79 and applies to civil servants.

End of probation

Often, after the expiration of the period, the employee continues to work in the enterprise. In this case, he is considered to have passed the test, and further termination of the employment contract is carried out on a general basis. If the employer believes that the person does not correspond to the position, then additional paperwork is not required. In other words, the employee continues to work on a common basis.

Article 71

In the event of an unsatisfactory test result, the tenant has the right to terminate the contract before its expiration. At the same time, he should warn the employee about this three days before the termination of the contract. The warning should contain reasons why the employer admits that the person is not suitable for the position and has not passed the test. The employee may appeal this decision in court. In the event of an unsatisfactory result, the termination of the contract is carried out without taking into account the opinion of the trade union body and without paying severance pay. If the employer decides to fire a new employee, then in this case it is necessary to follow a certain procedure and draw up the relevant documents. In particular, a notification of an unsatisfactory result is drawn up. It must be in two copies - for the employee and the head. The document is handed over to the employee for signature.

Actions of the employer in case of refusal to accept the notification

The employee may refuse to accept the paper. In this case, the employer must take certain actions. In particular, an appropriate act is drawn up in the presence of several employees of the enterprise. Employees-witnesses confirm with their signatures the fact of delivery of the document, refusal to accept it. A copy of the notice may be mailed to the worker's home address. Sending is carried out by registered mail. It must also be with acknowledgment of receipt.

In this case, it is very important to comply with the deadline established in article 71: a letter with a notice of dismissal must reach the post office no later than three days before the completion of the test assigned to the employee. The date of departure is determined by the stamp on the receipt and the return receipt returned to the employer. The document on termination of the contract must contain all the necessary features: the date and outgoing number, the signature of an authorized person, an imprint of a seal that is intended for processing such papers.

Legally correct wording of the reasons for dismissal

It should be based on documents that confirm the validity accepted by the employer solutions. As shows arbitrage practice, in the process of considering dismissal disputes due to an unsatisfactory test result, the employer is required to confirm the fact that the employee does not fit the position. To do this, moments should be recorded when a person did not cope with the task or committed other violations (for example, job descriptions, internal regulations, etc.).

These circumstances must be documented (recorded), if possible, indicating the reasons. At the same time, a written explanation of his actions should be required from the employee. Experts believe that upon dismissal under article 71, it is necessary to provide evidence of the employee's professional incompatibility with the position held. If he violates internal discipline (he skipped or in some other way showed a negligent attitude towards the activities of the enterprise), then he should be dismissed under the relevant paragraph of Article 81. The documents by which the employer confirms the validity of the dismissal may be:

• Discipline Act.
• A document confirming the non-compliance of the quality of work with the requirements and standards of production and time accepted at the enterprise.
• Explanatory notes of an employee on the reasons for non-fulfillment of tasks.
• Written customer complaints.

Evaluation of business qualities

It is directly dependent on the specifics and scope of the enterprise. Based on this, conclusions about the results of the test can be based on various data. For example, in the field of production, in which the subject (product) acts as the result of the activity, it is possible to determine the level of quality quite clearly. If the enterprise is engaged in the provision of services, then the assessment business qualities employee is carried out in accordance with the number of customer claims.

Certain difficulties are present in the field of intellectual activity. In this case, to evaluate the results, the quality of the execution of instructions, compliance with deadlines, fulfillment of the total volume of tasks, compliance with professional qualification standards. The immediate supervisor of the new employee is responsible for preparing and sending these documents. The procedure for dismissing an employee, therefore, requires a certain formalism from the employer. However, the employee may in any event legal grounds appeal the decision.

Employee's right to terminate the contract

An employee can use it if during the test he realizes that the proposed activity does not suit him. He must notify management of his decision three days in advance. The notice must be in writing. This rule is of particular importance for the employee. This is because potential employers would like to know the reasons why the applicant left the previous enterprise so quickly.

Finally

Legislation quite precisely defines the conditions under which the application of a probationary period is allowed. Due to the fact that often a new employee is considered, within the framework of these relations, to be a party that does not have social protection, the rules of law establish certain guarantees for him. At the same time, the procedure for dismissing an employee due to an unsatisfactory result of the probationary period is quite formalized. The legislation defines the right of an employee to appeal against the decision of the management of the enterprise in court.

In such cases, the executive body will carry out a thorough check of the legality of establishing a probationary period, legal literacy of the necessary documentation. Of no small importance will be the compliance by the management of the enterprise with all legal aspects within these relationships. Based on this, both the employer and the applicant himself have the right to personally determine the appropriateness of the application and the conditions for passing the probationary period at the enterprise. As practice shows, cases conflict situations are noted less often where the selection is based on the results of several stages of the interview.

Almost every able-bodied Russian one day has to find a job in new job. Most of the newly minted workers in their employment contract find a clause on the mandatory passage of a probationary period. Labor law provides for some exceptions. The employing company is in principle deprived of the right to arrange test periods for certain categories of citizens. Unfortunately, not all working citizens are familiar with their rights in the sphere of work, know how to use and defend them. Such situations lead to abuse by unscrupulous employers.

What is a probationary period

The concept of a probationary period is regulated by articles 70 and 71 of the Labor Code of the Russian Federation. The probationary period is the time allotted for the employer to evaluate the professional skills and personal qualities newly accepted candidate. The duration of the probationary period may vary and depends on the level of the position for which the employee was hired, as well as on the nature of the work performed. The condition for the presence of a probationary period when applying for a job is mandatory prescribed in the employment contract with the citizen being hired. In turn, the employee also has the right to use this period of test work in order to evaluate factors that are significant for him, for example, working conditions, the mood in the work team, the characteristics of colleagues and immediate supervisor. If one of the parties finds that something does not suit her, the employment contract can be terminated. The initiator of the termination of the contract can be both the employee and the employer.

Video: probationary period for employment

Is a probationary period included in the length of service?

The probationary period is included in the length of service, and a record that the employee has started work for a probationary period is not entered in the work book. After signing the employment contract, the enterprise issues an appropriate order, on the basis of which a standard entry is made in the work book about hiring in a specific position.

So that a newly minted employee can avoid unnecessary worry about whether the probationary period is included in the length of service in each particular case or not, he is recommended to make every necessary effort to receive a signed employment contract in the very first days at a new place.

How is a probationary period different from an internship?

The difference between an internship and a probationary period is the term for concluding an employment contract. In the case of a probationary period, the employment contract is concluded before the start of the direct labor activity, and the internship implies that the employment contract will or will not be signed by the parties based on the results of the internship. If specialists of any level, up to directors and top managers, can take a probationary period, then as a rule, recent graduates who are employed for the first time participate in internships. There are also internships for employees who have radically changed their field of activity and do not yet have sufficient qualifications in a new type of activity.

The Labor Code of the Russian Federation informs that the employer is supposed to conclude a fixed-term employment contract with the intern. Otherwise, the procedure for passing the internship, as well as its content and the conditions under which the internship is considered successfully completed, are determined individually in each organization. The relevant rules are fixed in the local documentation of the enterprise.

Video: what is an internship

Probationary period

The duration of the entrance examination period may vary depending on the position held, the nature of the work, as well as other internal conditions in the company where the worker is employed.

Maximum and minimum probation period

In most cases, for ordinary positions, the probationary period cannot last longer than three months. Employees hired for leadership positions are subject to management scrutiny over a six-month period. If a probationary period condition is included in fixed-term contract between two and six months, such trial period may not exceed two weeks. Periods of temporary incapacity for work for any reason, as well as days on which the employee was absent from the workplace, are not taken into account for the probationary period.

Can the trial period be extended?

In some cases, the employer may take the initiative to increase the length of the probationary period. From the employer's point of view, the need to extend the test period for a new employee may arise if, after the agreed period of work, the employer has not been able to verify that the candidate's qualification level meets the requirements, or if the employer is not sure that the adaptation of the new employee in the team was successful. Regarding the legality of extending the test period of work, there are two opposing opinions.

Supporters of the ban on extending the period under review include, in particular, the Federal Service for Labor and Employment. Such an addition to an already concluded contract will be considered void, since it will mean a deterioration in the position of the employee compared to previously agreed conditions (see Letter of Rostrud dated 02.03.2011 N 520–6-1 and). However, federal laws allow some exceptions to this rule. So, in accordance with the provisions of the Federal Law of January 17, 1992 N 2202-1 "On the Prosecutor's Office", citizens who have entered the service of the prosecutor's office can receive an extension of the probationary period within six calendar months by agreement of the parties. At the same time, an additionally appointed trial period must also be documented and with the consent of both parties to the transaction. Most often, an additional agreement to the main contract is used for this.

Labor law specialists who consider the extension of the probationary period legitimate argue their position as follows. General rule set out in Article 72 of the Labor Code of the Russian Federation allows for amendments to certain conditions employment contract by mutual agreement of the parties. At the same time, for each of the categories of workers, the maximum duration of labor trials is legally established. Thus, if the employer has received the consent of the employee to extend the probationary period, they can conclude an additional agreement to the main labor contract. The main condition of this agreement will be that the extended trial period will not exceed the terms specified in the legislation for this category of workers.

Early termination of the trial period

Early termination of the probationary period is possible when the employer wants to reward the accepted employee for special success during the test trials. As with the extension of the probationary period, its early termination requires appropriate documentation and the consent of both parties. The employer and the employee enter into an agreement on the early termination of the probationary period (see clarification by the Federal Service for Labor and Employment N 1329-6-1 of May 17, 2011).

In addition, there are a number of other reasons for the early termination of trials. These reasons are not related to the direct results of the employee's activities in the workplace:

• the employee was admitted to study at a higher educational institution;
• the employee found a relative in need of constant care;
• the newly hired employee provided documents confirming pregnancy or the presence of a child under the age of one and a half years.

Features of the installation and passage of a probationary period for certain categories of workers

For some categories of citizens in determining the procedure for passing the probationary period, there are some features. These categories include, in particular, public civil servants, seasonal workers, persons working part-time.

Features of the organization of the probationary period for civil servants are regulated by Article 27 of the Federal Law "On State civil service Russian Federation". In the case when a citizen is first accepted into the civil service, the duration of the test period of work for him can vary from one to twelve months. For professionals with experience in state structures appointed to a new position in the order of transfer from another state organization, the duration of the probation period is from one to six months. From one to twelve months, an employee appointed to such a public position may also be tested, the decision on accepting and dismissing from it can only be taken by the President or the Government of the Russian Federation. If the employer considers the test results unsatisfactory, the service contract with the employee may be terminated. An appropriate written notice indicating the reasons for termination must be received by the employee no later than three days before the date of termination of the contract.

Employment contracts for employees for the season most often differ in short duration. For a contract lasting from two to six months, the period for checking the competencies of an employee cannot exceed two weeks. If the contract is concluded for a period of not more than two months, a probationary period cannot be established in principle.

For persons working part-time, various situations are possible when the appointment of a probationary period is regulated by general rules, as well as when the appointment of a probationary period is in principle illegal. In particular, if an employee is employed part-time in a company that is not his main employer, a probationary period may be assigned to him in this company on a general basis. If the employee plans to combine two similar activities in one enterprise, the appointment of a probationary period will be illegal, since the employee has already proven his competence.

Video: labor rights for pregnant women

Regulation on probation

The legislation does not require the creation of a separate probationary provision, however, many companies practice issuing such a local normative act. This document describes in as much detail as possible the procedure for organizing a probationary period for newly hired employees. In particular, from it you can find out who is obliged to draw up a task for the probationary period, who, in what time frame and by what principles evaluates the success of the candidate passing the probationary period, and so on. The following is a sample probation statement.

Regulation on probation. Sample.

1. GENERAL PROVISIONS.

1.1. The trial period is last step assessing the professional suitability of a candidate for a vacant position.

1.2. The purpose of the probationary period is to check the compliance of the specialist with the activity assigned to him directly in the working environment.

1.3. The probationary period shall not exceed three months.

1.4. The duration of the probationary period is indicated in the employment contract and in the order for employment (Articles 68, 70 of the Labor Code of the Russian Federation).

1.5. The probationary period does not include a period of temporary disability and other periods when the employee was absent from work for good reasons (Article 70 of the Labor Code of the Russian Federation).

1.6. The trial period may be reduced to a duration of at least 1 month. The basis for reducing the probationary period is the decision of the Rector (or First Vice-Rector) of the University, confirmed by satisfactory test results.

1.7. If the result of the test is unsatisfactory, the dismissal of the employee is carried out at the initiative of the university administration without the consent of the trade union body and without the payment of severance pay, with the wording "as if he did not pass the test" (Article 71 of the Labor Code of the Russian Federation).

1.8. If the probationary period has expired, and the employee continues to work, he is considered to have passed the probation. Subsequent termination of the employment contract is carried out only on a general basis (Article 71 of the Labor Code of the Russian Federation).

2. ORDER OF PASSING THE PROBATION PERIOD.

2.1. On the first day after the newly hired employee enters work, the immediate supervisor:

2.1.1. Conducts an informative discussion about the conditions professional activity(Appendix 3);

2.1.2. Introduces the new employee to the job description. The employee certifies with his signature that he is familiar with the job description, agrees to carry out the tasks listed in it functional responsibilities. The job description is issued to the employee. A copy signed by the employee remains with the immediate supervisor;

2.1.3. Introduces the employee to the Regulations on the division and other local acts regulating the activities of the division and the activities of the employee.

2.1.4. Appoints a curator - an employee of the unit who has worked in this position for at least six months or the most qualified employee of the unit, and in the absence of such, supervision is assigned to the immediate supervisor or head of the unit;

2.1.5. If a probationary period is established for an employee accepted for the position of head of a structural unit or vice-rector, then the most qualified employee of this unit or another higher manager, immediate supervisor and head of the unit - the dean of the faculty, vice-rector by affiliation, or the rector of the university can be appointed curator.

2.2. Organization of probation.

2.2.1. Passing the probationary period can take place in one (if, with successful work during the first month of the probationary period, the latter was reduced to 1 month) or two stages (if the probationary period was not reduced).

2.2.2. The immediate supervisor with a new employee, during the first three days after going to work, draw up a work plan in accordance with job description for the first month of the probationary period (Appendix 1). The work plan of a new employee is approved by the head of the unit, signed by the employee and agreed with the vice-rector for affiliation (rector or chief accountant). The plan must be with the employee and the immediate supervisor.

2.2.3. Three days before the end of the first month of the probationary period, the immediate supervisor, the curator and the employee discuss the compliance of the specific results achieved with the set goals (work plan).

2.2.4. Not later than one day before the end of the first month of the probationary period, the immediate supervisor draws up an informational and analytical note on the results achieved by the employee (Appendix 2) for the first month of the probationary period and gives the conclusion “passed the tests and the probationary period can be reduced to 1 month” or "The test did not pass, the trial period remains the same." If the probationary period does not exceed one month, then a conclusion is given “test passed” or “test did not pass”. The conclusion is agreed with the head of the unit and the vice-rector by affiliation (rector or chief accountant) and transferred to the personnel department for further work.

2.2.5. If the probationary period has not been reduced to 1 month, then at the beginning of the next stage, the employee's work plan for the remaining period is also drawn up in accordance with clause 2.2.2. of this provision. Not later than 7 days before the end of the probationary period, the immediate supervisor, curator and employee discuss the compliance of specific results achieved with the work plan. The immediate supervisor draws up an informational and analytical note on the results achieved by the employee for the subsequent stage of passing the test, and gives a conclusion “passed the test” or “failed the test”. The conclusion is agreed with the head of the department and the vice-rector for affiliation and transferred to the personnel department for further work no later than 5 days before the end of the probationary period.

2.2.6. The original plans for passing the probationary period and information and analytical notes are transferred to the personnel department and stored in the employee's personal file.

Applications:

1. Annex 1. "Plan of the work of the employee during the probationary period."

2. Appendix 2. "Information and analytical note on the results of the probationary period."

3. Annex 3. "Matrix for determining the levels of functional duties."

4. Annex 4. "The scheme of the interview with the employee at the time of going to work."

AGREED:

First Vice-Rector __________________________

Head of Human Resources ______________________

Lawyer _____________________________________

Chairman of the trade union committee of employees _______________

Annex 1.

"AGREED" "APPROVE"

Vice-rector Head of department

_______________________ ________________________

"____" _______________ 200__ "___" ______________ 200__

Who should not be placed on probation

According to the Labor Code of the Russian Federation, for some categories of working citizens, a probationary period cannot be established in principle (see Part 4 of Article 70 of the Labor Code of the Russian Federation). These privileged categories include, in particular, the following:

• Persons selected to fill a vacant position through a competition held in accordance with the requirements of the legislation or local acts of the enterprise. The appointment of a probationary period under such circumstances may provoke the occurrence labor disputes.
• Women who are pregnant or raising one or more children under the age of one and a half years, while the children can be both consanguineous and adopted.
• Employees under the age of eighteen.
• Citizens entering the first place of work after graduation vocational education within a year from the date of graduation.
• Citizens elected to elective office for paid work.
• Citizens moving to a new job in the order of transfer from another employer as agreed between the heads of companies.
• Citizens with whom an employment contract has been concluded for a period of not more than two months.

The legislation also provides for other cases of categories of beneficiaries:

• citizens who have successfully completed training and enter into an employment contract with the employer from whom they were trained;
• citizens employed in alternative civil service;
• civil servants appointed to a new position by transfer caused by the liquidation or reorganization of the former employer organization.

If the employer unknowingly established a probationary period for an employee belonging to one of the privileged categories, that is, for an employee for whom a probationary period cannot be established in principle, it is necessary immediately, as soon as the fact of belonging to beneficiaries is revealed, to draw up an additional agreement to the contract on employment, in which to prescribe a condition that annuls the clause on the probationary period. This can be done, for example, when pregnancy is detected in a newly hired employee. Employers should remember that they face administrative and, in some cases, criminal liability for violating the provisions of the Labor Code of the Russian Federation.

Making an employee on probation

When accepting an employee for work with the condition of mandatory passing of a probationary period, the employer must correctly prepare all the necessary documents and include in the employment contract, including a clause on the availability of preliminary tests for a newly hired employee. Otherwise, labor disputes and litigation may arise.

How to draw up an employment contract with a trial period

The employment contract must contain a clause stating that the employee will have to go through a probationary period to confirm qualifications. There can be no separate contracts for a trial period. Some employers offer to sign an internship agreement first. Such behavior is a sign of dishonesty of the employer. According to the law, an employment contract must be prepared no later than three days from the date of entry to work. A sample employment contract with a three-month trial period is easy to download from the link.

Video: Popular probation questions

Liability agreement for the period of probation

During the probationary period, the provisions of the Labor Code of the Russian Federation and other regulatory legal acts that determine the norms apply to the employee labor law. Accordingly, an agreement on liability can be concluded with an employee already during the probationary period, if there is such a need and the position falls into the list of positions for which the conclusion of such an agreement is mandatory.

Assignment for probation

The probation assignment serves several purposes. First of all, a specifically formulated task helps a new employee to better understand their tasks in a new place and get up to speed. On the other hand, the company uses this task to assess the level of professionalism of a newly hired specialist. The fact is that it is impossible to dismiss an employee who has not coped with the test period without a clear evidence base and documentary evidence of his incompetence, therefore, the assessment of the performance of an employee during a trial period in the employer company should be taken very seriously.

The content of the test task may be different depending on the nature of the work. Such a task may include, as a requirement, to follow the most detailed instructions, for example, for working with cash register and leave room for creativity. In general, it is recommended to include in the task the most significant points for this position and for the company as a whole. A sample assignment for a trial period is shown in the illustration below.

The task for the probationary period may include those items, the implementation of which is most significant for management.

Features of establishing a probationary period when transferring to another position

When transferring to another position, a probationary period may be established if the duties to be performed by the employee in this new position are fundamentally different from his previous activities within the company. Unfortunately, a situation is common when an employee is offered to undergo a probationary period when being transferred to a higher position. It is important to know that such behavior of the employer is not legal. The trial period, according to the Labor Code of the Russian Federation, is not mandatory and can only be assigned to new employees. An employee who has received a promotion can be returned to his previous position or dismissed if the fact of his inconsistency with the new position is revealed.

The result of the probationary period and its staffing

After the parties sign the employment contract, which states that the employee is accepted subject to the probationary period, the personnel department of the enterprise issues an appropriate order. At the end of the probation period, the company issues special documents confirming the success or failure of the new employee to pass the test period.

Probation period report

Many enterprises today have adopted the practice of creating a final report on the passage of a probationary period by an employee who has passed the test. In such a report, the employee discloses the following questions:

1. the difficulties and problems that the employee encountered in the course of work, the ways in which he tried to solve them;
2. which of the assigned tasks the employee was able to complete;
3. what tasks the employee failed to cope with during work and for what reasons;
4. What did the employee learn during their work?

A detailed report will help both the employee and his immediate supervisor to better analyze the work. It is recommended to draw up a report not on the last day of the probationary period, but in advance. In this case, one can find weak spots in the work and have time to eliminate them before the decision is made. The illustration below shows an example of a report on the work in the test period.

Reports can be formatted in a variety of ways.

Characteristics of the employee after the verification period

The characteristic of the employee is the immediate supervisor or mentor who worked with the new employee during the trial period. This document indicates that the specialist knew and was able at the time of taking office, what tasks were assigned to him for the trial period, how he showed himself in the course of performing work tasks, what strengths and weak sides demonstrated personality. The characteristic ends with general conclusions, forecasts and recommendations.

Conclusion on passing the probationary period

Some companies have adopted the practice of collegial decision-making on the passage of a probationary period. An assessment of the employee's qualifications and his achievements is requested from all specialists and managers with whom he dealt during the test. The final decision is made by the immediate supervisor, but this practice allows you to take into account the whole range of opinions and get a complete picture of the new employee. The documented decision is called the conclusion on the passage of the probationary period.

The conclusion can be drawn up in the form as it is accepted at a particular enterprise.

Order on the end of the probationary period upon successful completion

The issuance of an order to end the probationary period upon successful completion is not mandatory. The employee simply continues to work at the enterprise further.

Actions of the employer in case of failure of the employee to pass the probationary period

The reasons for not passing the probationary period may be different. An employee, from the point of view of the employer, may not confirm his level of qualification, may not find common language with colleagues, may violate labor discipline or provoke the emergence of some unpleasant situations for the business. In any case, an employer cannot fire an employee simply because he does not like him in some way. Dismissal during the probationary period must be supported by objective facts and documentary evidence confirming that the employee really cannot cope with the activities entrusted to him. Such documentary evidence may include a task plan for a trial period, a report on the passage of a trial period, memorandums from the immediate supervisor, feedback from colleagues and clients. It is very important not only to explain to the employee why the probationary period has not been recognized as passed, but to get his agreement with these explanations. Otherwise, the dismissed employee may file an application with the court. If the company fails to correctly justify the decision to dismiss, the employee will have to be taken back, and all expenses incurred by him will be compensated, including the lost wages for the period when the employee was considered dismissed.

In case of dismissal due to a negative test result, the employee receives a corresponding notification three days before the dismissal. In some cases, by agreement with the employer, dismissal can occur on the same day, that is, without any working off.

Video: dismissal upon failure to pass the probationary period

What rights and obligations does an employee have during the probationary period?

The rights and obligations of an employee accepted under the condition of passing a probationary period are regulated by the Labor Code of the Russian Federation and are no different from the rights and obligations of other working citizens. The probationary worker is entitled to the following preferences:

• timely payment of wages, bonuses, allowances for overtime work, as well as other incentive payments, if any are provided for by the terms of the contract;
• access to sick leave and receiving insurance payments during a period of temporary disability.
• the use of unpaid leave at their own expense or the use of days on account of future leave, while the employer has the right to refuse to grant leave in accordance with the law (if the decision does not run counter to Article 128 of the Labor Code of the Russian Federation);
• receiving up to five unpaid days off at the birth of a child;
• dismissal for own will at any time before the end of the trial period.

New employee responsibilities include:

• fulfillment of the terms of the employment contract;
• performance of work obligations in accordance with the job description;
• compliance labor discipline and the internal regulations of the employing company, as well as fire safety requirements.

Is it possible to take sick leave or vacation during the probationary period?

An employee on probation has the right to take sick leave during a period of temporary disability. With the permission of the head, during the probationary period, you can take a vacation at your own expense, as well as a vacation on account of a future paid vacation. This time is not included in the trial period and upon return to workplace the countdown of the days of the test period resumes.

The amount of sick leave payment is determined based on the length of service of the employee and from this average daily earnings. Seniority accounting can learn from the work book, and earnings are affected by how wages affect current work, and payments in the same place, which are easy to evaluate using the 2-personal income tax certificate.

An employee who is on sick leave and wants to leave the probationary period must first close sick leave. Dismissing an employee while on sick leave is illegal. In addition, the employer must pay hospital employee within 30 days from the date of dismissal, provided that the employee has not found a new job during this time.

Is it possible to fire a pregnant employee on probation?

The dismissal of an employee who, during the probationary period, discovered that she was expecting a child, is illegal if it occurs at the initiative of the employer. A pregnant woman can only be fired at her own request. Moreover, the very appointment of a probationary period for a pregnant employee is illegitimate. Upon confirmation of the fact of pregnancy, the probationary period must be canceled by an additional agreement to the concluded employment contract.

Salary on probation

An employee on a probationary period is entitled to a salary, from which the employer is obliged to pay all mandatory taxes to the budget, including income tax. Many Russian enterprises are trying to evade paying taxes by offering only part of their salary payments in "white" money with official registration. Unfortunately, employees often agree to such unfavorable conditions for them. Many employers also offer a reduced salary for a trial period with the promise of a pay raise upon successful completion of the trial period. From the point of view of the Labor Code of the Russian Federation, such an offer is also not legitimate, but rarely any of the employees decides to enter into a conflict with the employer for this reason.

Video: probationary salary

Pros and cons of a probationary period for the employee and for the employer

The probationary period is provided for by law so that both parties involved in the conclusion of an employment contract have the opportunity to evaluate each other and, if necessary, part with minimal losses. This opportunity can be considered an absolute plus for both the employee and the employer. Upon dismissal from a probationary period, an employee is not required to work for two weeks, and the employer has the opportunity to evaluate the qualities of a candidate not only from his words at the interview, but also in practice.

Among the disadvantages for the employee is the fact that many employers offer a reduced salary for the period of the probationary period. On the other hand, the employer bears an increased burden caused by the need to allocate additional resources to introduce a new employee to a position and test his skills and abilities.

When working in a test mode, an employee may experience some psychological discomfort, since the result of his actions determines his future in this job. The employing company, concluding an agreement with a new employee, always runs the risk of getting litigation upon dismissal under Article 71 of the Labor Code of the Russian Federation.

In general, the balance of positive and negative sides application of the probationary period allows both parties to use it to the greatest advantage for themselves.

The requirement to pass a probationary period for employment in Russian companies is optional. from the point of view of the Labor Code of the Russian Federation. However, many employers are happy to use this opportunity to properly study a new employee, as well as save some money on his salary, at least in the first months of his work. Employees take this requirement for granted and do not try to dictate their terms to the employer. Thus, the very concept of a probationary period has firmly entered the practice of work and is actively used throughout Russia.

Dismissal on probation - myth or reality? Does the employer have the right to do so? And how should an employee behave in order not to be fired during the probationary period? Perhaps every employee at least once in his work experience faced similar issues. And of course, every employer thought about it. Let's try to figure out what a probationary period is and in what cases an employee can be fired during the test.

Does the Labor Code provide for a probationary period?

The probationary period is the same part labor process, like many other things, therefore, of course, the Labor Code of the Russian Federation stipulates the nuances of the probationary period, its establishment and passage.

1. Article 70 of the Labor Code of the Russian Federation "Probation for employment" regulates the duration of the probationary period, the rights of employees during the probation, as well as restrictions on the establishment of a probationary period.

2. Article 71 of the Labor Code of the Russian Federation “The result of the test when hiring” stipulates mainly the issues of dismissal in the event that the employee has not completed the probationary period, but also addresses the issue successful completion tests.

What is a trial period?

A probationary period is such a period, agreed with the employee and specified in the employment contract, when the employer finds out whether the qualifications and personal qualities of the employees correspond to the requirements that the employer imposes on his employees in general and for this position in particular.

For his part, the employee during this period can also look closely at the employer, the enterprise and the team and decide whether these conditions suit him.

At the same time, the probationary period from the outside does not differ from the usual labor process - except that dismissal during the probationary period occurs according to a simplified procedure, which makes the probationary period so attractive to many employers.

The probationary period is set only by agreement with the employee. If an employee refuses to pass a probationary period, no one can impose tests on him.

Why is there a probationary period?

The probationary period is in a certain sense beneficial to both the employer and the employee - for both it is an opportunity to look at each other and decide whether everything suits them, before it is too late and it is still relatively easy to back out. After all, dismissal during the probationary period has a simplified procedure for both the employer and the employee.

In addition, during the probationary period, the employee has the opportunity to ask for advice from more experienced employees - although the probationary period is not an internship, when the curator must patronize and support the employee, the employee during the probationary period is still treated more condescendingly. True, on the other hand, during this period they are looking at him intensely, and, perhaps, the employee should not openly demonstrate incompetence and ask too many questions about the work process.

When is a probationary period established?

As a rule, a probationary period is set for newly hired employees - after all, even if such an employee provides a whole bunch of positive letters of recommendation, for some reason he may not be suitable for this particular employer.

A probationary period can also be set for an employee who has already worked for some time in this enterprise, if he applies for a higher position, or a position that requires completely different skills and qualities than those that the employee has demonstrated so far. In this case, it would be risky to immediately accept an employee for a position, no matter how good his track record is, so it would be more appropriate to establish a trial period. Of course, in this case, there is no talk of dismissal during the probationary period - if the employee does not cope with the test, he can simply return to his duties in his previous position.

p> There are also certain categories of workers to whom under the labor legislation in general it is forbidden to establish a trial period. These workers include:

• accepted by transfer under agreement with other managers;
• who have taken a paid position as a result of elections;
• winners of the competition for this position;
• pregnant women;
• women raising a child who is not yet one and a half years old;
• persons under the age of eighteen.

It is also impossible to establish a probationary period for those employees with whom a fixed-term employment contract is signed for a period of two months to six months.

How is the length of the probationary period determined?

The duration, as well as other nuances of the probationary period, for example, the procedure for passing it and remuneration during this period, is established by the head of the enterprise. The procedure for dismissal during the probationary period is also established by the employer, but at the same time it must be based on the norms of labor legislation.

All these nuances must be described in the internal documents of the enterprise, and the employee who is supposed to pass the probationary period must be familiar with these documents.

The usual duration of the probationary period is from one to three months. The employer can set two months, and one and a half, and all three at once - as he wants. The only thing an employer cannot do is set up a second probationary period or extend the first if they cannot decide on the suitability of the employee.

In some cases, the length of the probationary period varies:

• employees with whom a fixed-term employment contract has been signed lasting from two to six months are prohibited from setting a probationary period of more than two weeks;
• employees who have been hired for managerial positions, as well as for the position of chief accountant or his deputy, can be set for a probationary period of six months. At the same time, three months for this category of workers is the minimum probationary period;
• some employees in civilian public positions may be placed on probation for a period of six months to a year.

Of course, dismissal during the probationary period of these categories of employees is possible exactly on the same grounds as other employees on a probationary period.

Can the trial period be extended?

As mentioned above, it is prohibited to extend the probationary period or establish a second one immediately after the first one. But in this case, it was only about the option when the employer, following the results of the probationary period, cannot decide whether to leave the employee at the enterprise or fire him - then the extension of the probationary period is really impossible.

But you need to know and remember that the probationary period includes only those days when the employee was present at the workplace. If, during the test, the employee, for example, took part in military training or was ill - that is, he was actually absent from the workplace, albeit good reason These days do not count towards the trial period. Therefore, if under the contract the probationary period ends, and the employee has “missed” days, an order can be issued to extend the probationary period.

Only in this case is it allowed to extend the probationary period.

End of probation

Since the probationary period is set for a certain duration, sooner or later it must end. At the end of the probationary period, a decision must be made.

Dismissal after probation

If the employee, in the opinion of the employer, has not coped with the probationary period, a dismissal order is issued, and the employee leaves the enterprise. We will discuss this procedure in more detail below.

Successful completion of the probationary period

In the event that the employee has shown himself well during the probationary period, and completely satisfies the employer in all respects, he remains at the enterprise. The procedure in this case is quite simple. When the probationary period ends, the employee simply remains to work, as he worked, no documents are required.

There is one tricky nuance here: if the trial period has ended and the employer has not fired the employee, by default it is considered that the employee successfully completed the test. So if there was an intention to dismiss an employee as having not passed the probationary period, you should not yawn.

Dismissal at the end of the probationary period

When the probation period ends, the enterprise issues an order to dismiss the employee due to the unsatisfactory result of the test. The employee leaves on the same day specified in the order. An appropriate entry is made in the work book, the final settlement is made with the employee, employment history handed over to him.

At the same time, the employee may ask the employer for clarification on what exactly the test result was unsatisfactory, so it is worth preparing a reasoned response to this request.

Retirement before the end of the probationary period

Of course, in the event that it becomes clear that the employee is not suitable, the employer has the right to dismiss him without waiting for the end of the probationary period - why, if everything is already clear?

In order to dismiss an employee during the probationary period as having shown a poor or unsatisfactory result, the employer must issue a written notice of dismissal to the employee three days before the date of dismissal. After that, the company issued a dismissal order. The order must necessarily contain a reference to Article 71 of the Labor Code - on dismissal due to the fact that the employee failed the test.

In addition, it is advisable to prepare a complete package of documents proving the incompetence of an employee, since the dismissal of an employee during a probationary period, however, as well as dismissal based on the results of a probationary period, can be appealed by the employee in court. Therefore, it is highly desirable to record all the mistakes of the employee in writing: if he was late for work at least for a few minutes - let him write an explanatory note, the fact of being late must be recorded in the act; did not complete the work on time - an act is drawn up, the employee signs that he is familiar with the act, and so on.

Of course, incompetence or violation of labor discipline is much easier to prove than, for example, the lack of communication skills of an employee or his uncleanliness in relation to employees - which can also cause dismissal in some cases - but if you wish, everything is possible. Especially if the team in this matter is on the side of the employer.

Dismissal based on the results of a probationary period, the employer may not coordinate with the trade union committee. In addition, in the event of such a dismissal, the employee is not paid severance pay.

Retirement on probation

A two-week working off, as happens upon dismissal at the initiative of an employee, is not provided for during the probationary period. Regardless of who initiates the dismissal: the employee or the employer. In both cases, if the dismissal occurs in the midst of a probationary period, the working off is only three days. If the dismissal occurs at the end of a predetermined probationary period, working off is not provided at all - the employee is dismissed on the day the probationary period ends.

The interview was successful, the desired job was found.

But it is not always the case. Serious organizations and companies that accept newcomers to their staff, without fail, set a trial period for them. How to successfully pass the probationary period? If you want to get a foothold in this job, you have to pass the “exam”.

By Labor Code RF probationary period for employees can last up to three months. For employees - managers and heads of accounting departments, the test is set for up to six months. The employer does not have the right to extend the probation period at its discretion. It is possible to increase the verification period only if during the test the person took sick leave or went on vacation.

During this period, the leader is eyeing the newcomer. He evaluates his professional qualities, punctuality, accuracy, etc. And the beginner gets used to the new place. Meet colleagues, assess their capabilities. During this time, you can understand whether such a job suits you, or you should look for another place.

If the management sees in you a full-fledged, worthy employee corresponding to this position, consider that the test was passed with success, and you will remain in the state.

But if the boss does not see your efforts, skills and desire to cooperate, he has the right to fire you without paying severance pay. He is only obliged to warn you 3 days before the dismissal. There are times when newcomers leave on their own. They understand that such work does not suit them, bad team, excessive requirements, etc. At the same time, there is no obligation to warn the management in advance.

After the announcement of your departure, they have no right to force you to stay or work for two weeks. They are subject to ordinary dismissal. Legal employment is considered only after passing the probationary period. Therefore, you do not owe anything to the authorities.

You are entitled to wages during the probationary period. It should not be lower than that indicated in the vacancy announcement. Sometimes employers deceive inexperienced newcomers in an attempt to save on pay. It is reported that the salary of the test subject is not due, or the salary will be lower than it should be. And when three months expire, the employee is reported that he is not suitable for the position. It is illegal. Therefore, be careful. Before applying for a new job, read labor laws. Ask about the company's reputation.

If you agree to a trial period, require a contract. Read the terms and conditions in the contract. If at the first meeting with the management something strange seemed to you or the refusal to conclude an agreement, without hesitation, leave such an offer.

When accepting employees, reputable organizations must correctly stipulate their responsibilities. Or represent a senior for an internship. If they tell you everything in detail, that's good. There will be an opportunity to plan time, evaluate and distribute forces. Find out if you are qualified for the position. If there were no clarifications, follow the proven advice.

1. natural behavior. Do not show yourself as too shy or liberated person. People are judged by the first moments of communication. Be yourself in all situations. Feel free to seek help from experienced colleagues. After all, it is impossible to understand all the intricacies of work in one day. Curious employees are appreciated. But be curious. Do not show a complete lack of experience in your field of activity.
2. Discipline. If you are on the path to success, do everything ahead of time, show the skills of a specialist well, do not turn up your nose and do not violate the norms of discipline. Do not run away early from the workplace. Don't make yourself protracted lunch breaks. But you don't have to stay up late at the office either. The authorities will not appreciate this, but will think that you do not have time to fulfill your duties in work time.
3. Relationships in the team. Friendship with colleagues important point in a working environment. If you are a sociable, not shy person, this will not be difficult. Watch the behavior of your colleagues. Behave yourself too. Then you will not become a white crow and an object of ridicule. Match the style of your clothes. Match their style. Do not come in jeans if everyone is wearing formal trousers or skirts. On the first working day, win over your colleagues with an interesting story from life, an anecdote to the place, etc. Buy sweets and treat everyone to tea. Of course, if it is not forbidden by the authorities. Do not be intrusive and talkative bore. Don't judge anyone. Otherwise, you will gain a reputation as a gossip (gossip).
4. Show initiative. Feel free to express your personal opinion. Propose a solution to an urgent problem. A beginner can from the side, fresh eyes evaluate the performance of the firm. And suggest measures to improve it, based on previous experience. But don't do anything without the advice of management. Maybe the company does not need your eagerness to improve something. Taking independent action just piss off your boss.

Your successful outcome at the end of the trial period is entirely up to you. Be patient and go ahead!

At looking for a new job, a lot of effort is applied to finding a worthy vacancy, pass an interview and a competency test, and eventually hear: “We are waiting for you at the workplace on Monday at 9:00.” It would seem that at this moment you can relax, believing that all the obstacles to the desired work have been overcome. But there's more to come passing a probationary period- no less important period, which is also important for subsequent successful work in the organization.

According to Article 70 of the Labor Code of the Russian Federation, a probationary period is a check of the employee’s compliance with the assigned work, which is established by agreement of the parties and must be indicated in the employment contract.

Success during the probationary period is not only in the conscientiousness of your work, but also in how competently you can enter the team. So how to pass probation at work? The 10 rules for passing the probationary period below will help you do this.

Passing the probationary period:

1. Don't be late

Have you noticed that your new colleagues are not particularly punctual, and the boss generally comes to the office for lunch? May be. But that's no reason to behave the same way. You are a beginner and must show yourself as disciplined as possible, even if no one watches your arrival time. Being late should not be part of your habits at all, and even more so during the probationary period, you can’t afford to relax.

2. Take your time

On the very first day, do you want to impress your superiors and prove that you were hired for a reason? Don't rush, take a look. Initiative is good, but no one likes upstarts, and the new boss expects from you, rather, diligence and discipline, rather than instant innovation. Moreover, if you immediately begin to promote your ideas, you willy-nilly show that you do not like the order established in the company, and thus set the team against you.

3. Write down names

Accept that your name and face will not be remembered immediately, but on the contrary, you need to “learn” all your colleagues as quickly as possible. Attentive people everyone likes you, so write down the names, positions, and office numbers, and try to address people by their first names rather than "Sorry" as often as possible.

4. Leave on time

Bosses love workaholics, but if you immediately start working late at work, this is more likely to arouse suspicion. Are you failing to complete your duties within the allotted time? Or are you just going to surf the Internet for free? Or maybe for some reason you want to be alone in the office? In any case, it does not paint you. Yes, it is necessary to be zealous, but only when it is really necessary. At any enterprise there are "shock" seasons, and the rest of the time there is a working schedule and a normalized working day.

5. Forget "your charter"

Remember the proverb about someone else's monastery? She fully applies to the new place of work. So that already in time passing the probationary period to join the team, it is necessary to maintain its public and unspoken rules and not neglect the company, if you are invited to it. Even if you don’t like something, don’t rebel, try to do it gently and delicately in your own way, but don’t flaunt it, because your “courage” will definitely not be appreciated.

6. Don't show off

Nobody forces you to be a gray mouse, but you should not immediately shock new colleagues. Do not get carried away with bright outfits, do not do fancy makeup, your appearance may be individual, but in no case should shock. To be entitled to full self-expression, you must first win the sympathy or at least the respect of your colleagues. Wait for you to conclude fixed-term employment contract until the team gets used to you, and until that moment, try not to annoy them self-promotion and self-promotion.

7. Don't mope

Is it hard for you to adjust to a new place? Scared that you can't make it? miss you old work? Whatever is bothering you, your new colleagues should not know about it. Do not show your depression, do not complain about the conditions and do not sigh, remembering "how good it was there." Otherwise, sooner or later your superiors will have a question: if you feel so bad here, why did you come?

8. Be a "robot"

Yes, we are all human, and we all have personal problems. But, unfortunately, everyone will have to solve them differently. So, old-time employees have certainly won the trust of their superiors and can “in their own way” take time off for a day or two. Another thing is a novice on probation, he has not yet earned the right to be a man, and if his child falls ill or the sewer breaks, he must “resolve” the situation without prejudice to work. If something really extraordinary happened, explain everything to the boss and promise to work off the lost time. And make it clear that incidents like this are the exception, not the rule.

9. Don't talk

Personal conversations during working hours should not be allowed even by old people. Firstly, it is distracting, and secondly, it annoys those around you who are working while you are chatting. And when passing the probationary period such a luxury is even more unaffordable. Remember - loquacity, talkativeness, loquacity evil!

10. Relax discreetly

Taking short breaks from work is normal. All people need rest, and all bosses are well aware of this. However, while you are in the office "on the bird's rights", it is better not to annoy anyone with your rest. Do not delay smoke breaks, do not get carried away with tea parties, do not play solitaire games on your work computer. Yes, at first you will have to work hard, but for that it is a trial period - who told you that it would be easy?

And most importantly - do not forget that not only you go through a trial period in relation to the company, but also the company in relation to you. Remember that you are an excellent specialist, that your employment opportunities are not limited only to this company. This attitude will improve your chances by:

Your possible disadvantages will be more than compensated by professionalism;

Confident behavior, adorned with self-esteem, is itself perceived as professionalism;

It is in a confident and firm state that you intuitively choose the line of behavior that will contribute not only to successful entry into the company, but also to professional and career growth (promotion, promotion) in it.

Good luck with your probationary period!

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