Probationary period: key issues

For some types of activities, for probation in serious firms the trial period is a prerequisite for admission to a vacant position, and at the same time, is useful not only for the organization, but also for the worker himself. This time allows us to understand the terms of our responsibilities to the fullest and to compare them with our capabilities, abilities, and work experience.

But in reality, the introduction of a probationary period does not always pursue only noble goals, it does not always benefit the worker, but rather vice versa.

Let's start with the fact that the probationary period for the newcomers is introduced legislatively in order to enable organizations and workers to come out with less losses from difficult situations of labor relations. For employers, the probationary period for employment is also an alternative to a fixed-term employment contract, which can not be concluded with every employee (Articles 58 and 59 of the LC RF). The state policy in this regard is aimed at reducing the number of court proceedings, protecting the rights of both employees and managers, and is reflected in the Labor Code of the Russian Federation, in Article 70.

How does this legitimate assumption actually work?

Most often, the manipulation of the leadership is subjected to a test period. Despite the fact that the law clearly defines it, many citizens still do not know the maximum time limit of their probationary period. And they are arranged in the place of work, where the tests last longer than the legal deadline. Unscrupulous leaders squeeze the newcomer to the maximum, and subsequently dismissed, hiding behind the phrase "the employee did not pass the probationary period." And very few people turn to the court to restore the violated rights. And who addresses - in 96% of cases they are reinstated as a probationary employee, because time was lost when it was possible to fire.

Sometimes managers extend the probation period to be able to fire an employee later. Is it legal? How long is the trial period? What vacant positions is it necessary to establish, and which ones are not necessary? At what point does the employer be able to fire an employee, during the probationary period or only at the end? Do I have to notify the employee in advance of my decision? How will his dismissal on the stage of probation affect the worker's future work activity ? Is it legal to reduce wages during the test period? Questions arise and arise, but most of them can answer the 70th article of the Labor Code of the Russian Federation. Let us turn to it.

The maximum probation period in accordance with this article is 3 months. The exception is the managerial positions, as well as the position of chief accountant. For them, the test period can be set up to 6 months. If the employment contract is concluded for a short period (up to 6 months), tests longer than 2 weeks can not last. And, of course, there can be no question of any extension of the probation period on the initiative of the employer. Either the employee passed the test, or not.

The probationary period can be established for any employee, except for the categories of citizens listed in Article 70 of the LC RF. Most workers can be recruited with a probationary period. However, if it is not specified in the employment contract, it is considered that the employee is accepted without testing.

During the probationary period, the employee is subject to the same rights and obligations arising in connection with the signing of the employment contract. The salary can be lowered with the consent of the parties, however in the labor code there is no mention of this assumption. If the employee agrees to such conditions of employment, all nuances are prescribed in the employment contract. If his consent was not received, if the contract does not reflect the amount and the period during which such amount will be paid to the employee, all actions of the head of salary reduction will be illegal.

The remaining moments relating to the results of the trial period were reflected in Article 71 of the LC RF, which was repeatedly changed, edited, supplemented. In accordance with this article, an employee may be dismissed during the test period, if it does not correspond to the post. But the manager is obliged to notify the employee of this for 3 days, specifying the reasons for dismissal in writing and in the correct form, with clear language. The reason, sufficient for dismissal, can only be a discrepancy of personal qualities and experience of the position held. The more concrete it is formulated, the better. It is desirable to have documented evidence of these words. If these reasons seem or are objectively insufficient for dismissal, the employee can always go to court. Also has the right to appeal to the court dismissal, which occurred after the expiration of the trial period.

The employee himself can leave at any time during the probation period (also notifying the employer for 3 days) if he considers the terms of his duties in this position not corresponding to his experience, qualifications, skills, preferences. And in this there is nothing reprehensible. The next work can already be selected, based on the findings about yourself.

To all that has been said, it only remains to add. In life, there are situations that are difficult to fit into the framework prescribed in the law. It will never be superfluous to consult with a lawyer and in case of serious reasons to defend your rights in court!