Recruitment for a probationary period. Probationary period (LC RF)

Job search, as well as recruitment, is a time-consuming process. Even if the vacancy requirements are answered by the professional qualities of the candidate, and the proposed work is fully suitable for the specialist, there is no guarantee that the cooperation will necessarily be successful and long.

What time frame can be set?

Employment for a probationary period makes it possible to determine the possibilities for further cooperation. According to the Labor Code of the Russian Federation (70th article), this period can be different in different cases. There are the following options:

- not more than 2 weeks;

- trial period 3 months (or less);

- up to six months;

- Up to one year.

At the same time, the shortest duration is provided for when an urgent labor contract is concluded (up to six months). In addition, this applies to seasonal workers. For them, a trial period of 2 weeks, but not more, may be established.

However, it usually lasts longer. In most cases, a trial period lasts up to 3 months. TC RF indicates that it can end by agreement of the parties or earlier, but not later. The term of 6 months can be established, for example, to the head of the company, its representative office, branch, chief accountant, and their deputies.

In what cases is the admission to work on probation for the longest time? For example, when an employee enters a civilian civil service. How long does the trial period last? Up to one year. However, if an employee is transferred to a new location from one government agency to another, at most the time is six months.

Categories of employees for whom a trial period can not be established

The rules listed above are not applicable to all potential employees. There are categories of employees for whom a probationary period can not be established (the RF CC indicates the relevant cases). These are pregnant women, candidates under 18, employees with whom the contract is concluded for 2 months or less. Another case - if the candidate for work entered the competition. In addition, this category includes former students who received a higher, secondary or primary education and for the first time started to perform a post on the specialty they received. Also, a hiring for a probationary period is impossible for disabled people who were sent to this post by the results of a medical examination. Another category is specialists who have been invited to this place as a transfer to another employer. The last two cases are if the candidate is elected to an elected position, and also if he is discharged from the service (alternative, military).

Why do I need a probationary period?

Employment for a probationary period upon entering the position is introduced not only for the future employee, but also for the employer. Both sides have an opportunity to look at each other during this period and to understand whether cooperation should continue. During the test, the employer assesses the business qualities, abilities of the employee, his communication skills, the ability to execute orders in a high-quality manner, the suitability of his position, compliance with the rules established in the company, and discipline. During this period the employee draws a conclusion about the company, about his position, salary, duties, management and team.

How is work paid during the probation period?

At the employee who is at the testing stage, the labor law is fully extended. Therefore, if the company stipulated in the contract that this period will not be paid, this is a clear violation of Russian law. In addition, many employers today deliberately set a lower salary for the subject, promising to increase it later. In this regard, we can say the following.

First, the employee, who is at the stage of testing, can not be restricted in wages. Its rate should not be less than that stipulated for this position in the staffing table. Secondly, a company that reduces an overhead part during the trial period falls under such an article as discrimination. In the staffing table of a firm, for example, there are two rates of the purchasing manager. The first is occupied by an old employee, and a new person was invited to the second with a probationary period. In this case, from the first day of work the newcomer should have no less than the salary of a worker for several years in the same position of the employee.

The legal way to set a lower salary for the probation period

Nevertheless, during the trial period, employees are assigned a lower salary for almost all companies. It can be done quite legitimately by changing, for example, the salary for employees for a newcomer's position in the staffing table. However, it should be remembered at the same time that its size should not be lower than the minimum wage.

A specialist who is on a probationary period may be paid a bonus, as well as other incentive payments, which are prescribed in the regulation on remuneration and bonuses. The employer is also obliged to pay the overtime hours for the examinees, a certificate of incapacity for work, access to work on holidays and weekends.

Registration of probation period

A probation period is required for compulsory registration. An employee must sign a labor contract, and an order for the employee to work is issued based on him. These documents indicate the duration of the test. The work record book does not include the entry "accepted for probation", it only notes that the employee is hired.

Extension of probation period

To increase it is not prohibited, but only if the duration of the probation period does not exceed the norms established by law. For example, if initially it is 1 month, and the employer after the expiration of this period still has doubts as to the candidate of the post, the trial period can be extended to 3 or 6 months if it is a vacancy of the head of the branch, the chief accountant.

Without the consent of the employee to increase its duration is impossible. Therefore, the employer should argue the decision to extend the trial period.

The need for a written record of the facts of violation of labor discipline by the employee

Untimely execution of tasks by the employee, his mistakes, violation of labor discipline should be documented, and if there are official notes of the leaders, then they need to be attached. The evidence so certified should be sent to the employee for information. For confirmation, he must sign. If the employee agrees with the shortcomings in the work, an additional agreement is made to the employment contract, and the trial period is increased. If the employee believes that the claims to him are unreasonable and does not give his consent for an additional period, dismissal is allowed, which should be based on written, irrefutable evidence.

The rights and duties that an employee has during the trial period

They are no different from those that have other employees working in this company. A specialist who has been issued for a probationary period has the following rights:

- receive salaries, bonuses, extra wages for overtime work, and other incentive payments;

- to take a sick leave, on the basis of which to receive insurance payments for the period of incapacity for work;

- resign at any time on his own initiative (it is not necessary to wait for the completion of the trial period);

- take a weekend at your own expense or on account of a future vacation; However, in this case the employer may refuse to leave on legal grounds, if this does not contradict the Labor Code of the Russian Federation, Article 128: for example, if the employee has a child, then he should be compensated for leave without pay for up to five days.

Obligations of the employee are as follows:

- comply with internal regulations, fire and labor discipline;

- comply with the terms of the contract;

- perform work duties in accordance with the job description.

Dismissal of an employee who has not passed the test period

First of all, it is necessary in writing to prepare in advance for the employee a notice in which it is necessary to indicate the reasons why further cooperation is impossible. They must be documented. This may be an act of disciplinary action, an employee's failure to perform employment duties, written complaints from clients interacting with a specialist, or, for example, the minutes of a commission meeting in which the outcome of the probationary period was determined, etc. The notice also marks the date of the planned dismissal and Compilation of the document. It is made in two copies (for the employee and for the employer).

The next step is to give the employee this notice, no later than three days (and preferably 4) before the end of the test period or the date of his planned dismissal (in the event that the decision to terminate the contract was made much earlier than the expiration of the probation period). Note that if you do not do this on time, the employee will automatically be considered to have passed the test.

The next step is acquaintance of employees with the notification and a painting in it with the indication of the date. In the event that those who have not passed the probationary period refuse to sign, the employer shall draw up a special act. At least 2 witnesses must sign it.

Further, the order for dismissal is issued. A record is made in the work record book, corresponding to his article.

The next step - the employee on the day of dismissal receives a salary for the days he worked, a work book and compensation for his unused leave, if any.

Termination of the contract by decision of the employee

If the specialist independently decides to terminate the contract before the end of the trial period, this should be warned by the employer. The application for dismissal must be written, indicating the reason "on his own initiative," and then the contract is terminated on this article. If employees who have already passed the probationary period are obliged to notify their employer about their desire to resign for two weeks, the worker who passes the test must notify him only in three days.

Cases in which dismissal is impossible

It should be noted that the dismissal of employees who did not pass the probationary period is equal to their dismissal on the initiative of the employer. Therefore, it is necessary to get acquainted with the RF LC before dismissing a specialist passing the probationary period (art. 81). For example, an employer has no right to fire a pregnant woman or raising a child under 3 years old woman. If the employee is temporarily disabled or is on leave, he is also prohibited from dismissing.

Who benefits from the trial period?

It is profitable for both the employer and the employee. Due to the trial period, the company can make sure that the candidate has professionalism, or start looking for another specialist. And the worker, in turn, will be satisfied with his new place or will look for another. Thus, neither the company nor the specialist will lose additional time in search of another candidate or a new job.