Probationary period at work: how to pass? How to pass the probationary period? employer logic. Is a probationary period included in the length of service?

The employer's favorite technique is a trial period, which is assigned for verification professional qualities potential employee. According to most citizens, the trial period means only one thing: an employee can be paid less and fired without noise and dust.

Is it so? We understand in our article.

The nuances of the trial period: what pitfalls have gone unnoticed?

The trial period is an opportunity for the employer and employee to get to know each other better over a certain period of time and decide on further long-term cooperation.

This means that the notorious probationary period is not only the prerogative of the employer, but also an opportunity for the employee to take a closer look at the company as a whole: working conditions, staff, fulfillment of salary promises, and so on.

About salary promises

Job advertisements are full of salary announcements that are set for a trial period. Usually this amount is much less than the declared salary. Is it legal?

According to article 70 of the Labor Code of the Russian Federation, during the probation period, the employee is subject to the provisions labor law. In accordance with Article 132 of the Labor Code of the Russian Federation, any kind of discrimination is prohibited when establishing and changing the conditions of remuneration. It is also illegal during the trial period to pay an employee a wage in a smaller amount than is provided for by the staffing table for his position.

So any promises "after the trial period you will receive more" is out of the question. Require to follow the law. Of course, you may be denied a job because employers are not used to following the rules. In this case, go to court without a twinge of conscience.

The trial period must be included in the employment contract (fixed-term or concluded for an indefinite period).

Who is not eligible for a trial period?

• persons under the age of 18;
• young workers who graduated from vocational schools;
• young specialists after graduating from higher educational institutions;
• temporary and seasonal workers who conclude a contract for a period not exceeding 2 months;
• persons transferred to the reserve from military or alternative service;
• disabled persons sent to work on the decision of the medical and social expertise;
• workers transferred to another employer or to another locality;
• persons hired on a competitive basis or on the basis of a special selection.

Read this list carefully and consider if you belong to one of these categories, and if so, then you can not be afraid to fail the trial period - you simply will not have it.

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Legal literacy, or how not to fall for the bait of the employer

Suppose you have found a vacancy that fully satisfies your needs, but at the interview the employer offers to go through a 4-month trial period without official registration. What to do in such situations?

First, do not be afraid to object and emphasize the illegitimacy of his actions. Secondly, get acquainted with the Labor Code of the Russian Federation, in which it is written in black and white:

• the trial period cannot exceed 3 months (less - please);
• exact date trial period must be registered in employment contract when hiring;
• the employer has the right to terminate the employment contract with the employee if he does not comply with labor discipline;
• the employee also has the right to terminate the employment contract with the employer if he is not satisfied with the working conditions;
• each party must give notice decision not less than 3 days;
• upon dismissal, both parties must reasonably state the claims that arose in the course of work;
• the employer does not have the right to extend the probationary period agreed in advance;
• the period of absence from the workplace due to vacation or sick leave does not count towards the probationary period.

This, of course, is not an exhaustive list of the rights and obligations of the employer and the applicant, however, knowing even such points will greatly facilitate your working life.

How to pass the probationary period?

Whoever says anything, but there are certain rules how to behave on probation if you want to prove yourself a good worker and count on long-term cooperation.

If you have not passed the probationary period, then do not despair: failures build character. Draw the right conclusions, understand where your weak sides and - forward to self-improvement!

Don't be late

Iron rule: you are a beginner and must show yourself as the most disciplined worker. Even if no one keeps track of your arrival and departure times, this is not a reason to abuse official conditions. Have you noticed that the rest of the employees do not strive for punctuality, and the boss comes to work by lunchtime? It doesn't concern you in any way.

Do not hurry

If you have a sea of ​​​​ideas in your head and a million thoughts about improving and structuring your work, do not rush to express them. Otherwise, you will show that you do not agree with the policy of the company and you are not satisfied with the order of things. Even if you act with the best of intentions, wait with innovation, you may be misunderstood. And no one likes upstarts.

Leave on time

There is an opinion that bosses love workaholics. So, the authorities love those who cope with their official duties on time. Don't think that late-night "get-togethers" at work will add weight to your qualifications. On the contrary, it will raise a legitimate question from the authorities about your professional suitability.

Do not meddle with your charter in someone else's monastery

It takes time and a certain style of behavior to join a new team. Maintain the public and unspoken rules of the team and do not neglect the company if you are called. If something does not suit you, do not conflict, but gently and delicately explain to new comrades that you do not support their point of view. No need to climb on the rampage and tear your shirt, trying to prove something.

Don't abuse "weekends"

Everyone has force majeure situations. And if the old people can afford to take a day or two off, then it is not appropriate for a newcomer to try to settle their personal affairs at the expense of working time. No one is saying that you should leave a burst pipe or stove with a gas leak unattended. But such situations should be the exception, not the rule.

Rest, but do not forget about work

Long smoke breaks and tea parties will not lead to good. In the first days in a new place, try to reduce your trips to the store, breaks for a cup of tea and a cigarette: you still have no one to chat with, so work and earn a reputation.

By following these simple recommendations, you can easily get used to a new place and prove yourself a conscientious worker. And if you combine work and study, then you cannot do without the help of a professional student service that will help in any situation.

Drawing up a notice Draw up a notice in accordance with the given sample, indicating the necessary details. When compiling a document Special attention should be given to justify the reasons for dismissal. In the text, it is better to rely on specific facts (violation by an employee labor discipline, late submission of reports, etc.) and regulations(TC norms, internal procedures of the company). The more clearly and convincingly the reasons are described as a result of which the employee is recognized as not having passed the probationary period and must be fired, the lower the risk of disputes and claims from the employee. Download a sample notice of failure to pass the probationary period Step 2.

• The documents

Currently, employment in most companies provides for the passage of a probationary period. During the probationary period, the company's management assesses the professional and personal qualities of the employee, and at the end of it decides on further labor activity employee in the company.

In the event that an employee fails the test, he may be dismissed in a simplified manner on the basis of a notice. In the article we will talk about the notification of failure to pass the probationary period and the mechanism for dismissing an employee.

The concept of probation Modern practice shows that most employers prefer to take on permanent job only those employees who have successfully completed the probationary period.

End of probation

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.

Attention

The Labor Code with comments to the articles establishes legal framework employment under such conditions. However, you need to know some nuances in order to avoid mistakes in practice.

Info

The principles by which a probationary period is established at work As mentioned above, this period is necessary to test 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.

How to end probation

Information on the passage of the probationary period is not entered in the work book, with the exception of cases when the employee is dismissed as having not passed the test. The end of the probationary period in other cases - when the employee successfully copes and is left in the state of the enterprise - is not documented in any way, because the employment contract already indicates that the employee has been hired, and the dates of the duration of the probationary period indicate its completion.

Regulations on the probationary period In order for each employee to understand what his duties during the probationary period are, and also to be sure that his rights are protected, it is possible to additionally develop and approve the Regulations on the passage of the probationary period.

Sample notice of failure to pass the probationary period

Share =))) 0/0 QuoteTop Kadrovichka Oct 17 2011, 13:36 [ show ] Posted by #9 Guest Posts: 293 Quote(Ezh @ Oct 14 2011, 13:20) that's it!!! of course, theoretically, they may have a difference in salaries in accordance with the “fork” of salaries. =))))))) And you can learn more about this "fork". I somehow realized that it was canceled and now they use the Labor Code of the Russian Federation and the Constitution, which says that equal pay is due for equal work.
And if two locksmiths of the 4th category work, then they must perform the same work and have the same salary. But if they do miscellaneous work, then either one digit d.b.
3rd, or another - 5th. 0/0 QuoteTop Ezh Oct 17 2011, 02:27 PM [show] Posted by #10 User 47 Posts Heh. Yes you are right. Sorry, I must have changed my mind. did not want to mislead.
realized what was wrong. I admit I was wrong.

In connection with the successful completion of the probationary period

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, the 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 may be reflected directly in his application for a request for appointment to a particular position.

you got a job at new job from . Of course, it is in your interest to show yourself with the best side in order to keep workplace and at the end of the probationary period. The country of the Soviets will tell how to pass probation at work.

A probationary period at work is really a test, and not only of your professional qualities. In addition to directly fulfilling your job duties as a boss, most likely, your personal qualities related to work, the ability to "join the team", and relationships with colleagues will be of interest. How can and how not to behave during the probationary period?

You can divide the probationary period at work into three conditional "spheres"- this is directly work, relationships with colleagues and relationships with superiors. These areas do not exist separately from one another, but intersect and interact, for example, your relationships with colleagues can directly affect the results of your work.

Let's start with the obvious thing, which, however, many people forget. This is punctuality. Even if many of your colleagues are late, do not take an example from them: most likely, the authorities allow themselves to turn a blind eye to the slight delays of proven employees who have already proven themselves in a certain way, but for a newcomer, being late can go sideways. But punctuality applies not only to the time of arrival at work, but also the time of leaving it. Do not stay at work longer than expected trying to impress his superiors with his hard work. Most likely, this will be regarded as your inability to plan work and meet the given time, and this will go to your minus.

Coming to work deal with yours first official duties . Usually the boss either brings the newcomer up to date or appoints him a “boss” from among more experienced employees who will show or explain everything to him. If you haven't been told anything, don't sit back and wait to be approached: your boss may just want to see if you can take the initiative and find out for yourself. Don't be afraid to ask questions and ask colleagues to help you - but at the same time golden mean and do not pester them over trifles.

Passing a probationary period at work, carry out your duties with due diligence, but without fanaticism. Yes, by working with tripled enthusiasm, you will be able to perform well during your probationary period. But after being hired, the quality of your work will inevitably decrease, because it is impossible to work at maximum speed all the time. Don't try to impress everyone with your performance. It is better to follow the principle "Do what you must, and then be what will be."

Is it worth taking the initiative during the probationary period? The answer, of course, will be different in each case, but speaking in general - initiative must be moderate. A probationary period at work is not the time for radical, innovative ideas. Initiative must be exercised with caution, and not as a way to assert oneself, but as an opportunity to show one's competence in work matters.

Now let's talk about relationships with colleagues. During the trial period, it is worth showing goodwill, but not reducing the distance too much. Try to remember the names of all colleagues in the very first days (if you have bad memory to names - write it down in a notebook, it can help). Be friendly, but do not rush to get too close to someone, first take a closer look at the relationships in the team. Take part in corporate events, but forget about office romances. It happens that in the team there are different groups that are in conflict with each other. In no case do not take sides, do not participate in intrigues and the spread of gossip. During the trial period, you are Switzerland, stay neutral.

The most important thing during the trial period is your naturalness and positive attitude . Be yourself and don't be afraid to make mistakes: no one is perfect, especially as a beginner. Accept advice with gratitude, respond appropriately to constructive criticism and try not to make the same mistakes over and over again.

Passing a probationary period at work is not as difficult as it seems. The main thing is to observe the golden mean. Be yourself, but accept corporate culture. Work hard, but without fanaticism. We are sure you will succeed!

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 as much a part of the labor process as many other things, therefore, of course, the Labor Code 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 test, 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 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 meet 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 fails 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 leadership positions, as well as for the position of chief accountant or his deputy, the probationary period can be set for six months. At the same time, three months for this category of workers is the minimum probationary period;
• some civil servants government positions the probationary period may be set for a period of six months to one 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 for a good reason - these days are not counted in the probationary 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, one should not yawn.

Dismissal at the end of the probationary period

When the probation period ends, the company 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 contain a reference to Article 71 Labor Code- about dismissal due to the fact that the employee did not cope with 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 trial period, however, as well as dismissal based on the results of a trial period, can be appealed by the employee in court. Therefore, it is highly desirable to record all the mistakes of the employee in writing: 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 Labor Code indicates that the employer has the right to assign a test to the applicant when applying for a job. This is necessary to check the professional qualities of the future employee. This does not mean that the employer is required 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 wage at this time is set slightly lower than after it.

When hiring, even if there is a probationary period, the employer concludes an employment contract with the employee. The contract must indicate that the employee is accepted "with a probationary period lasting ....". The salary that the employer is going to pay to the employee on probation must also be stipulated in the contract. If the employment contract does not contain a condition about assigning a test to the applicant when hiring, this means that the employee has been hired for a vacant position without a probationary period.

Article 70 of the Labor Code of the Russian Federation states that the duration of the probationary period cannot exceed 3 months. If the head of the organization, his deputy, Chief Accountant or his deputy, then the probation period is extended 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 trial period cannot exceed 2 weeks. If the employee was sick or was actually absent from the workplace 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 the age of 3;
• underage workers;
• persons holding elective office;
• persons occupying a vacant position as a result of a transfer from another employer;
• applicants who conclude an employment contract for a period of less than 2 months;
• to other persons, if it is provided for by a local regulatory act or a collective agreement.

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 has passed the test, then it is not necessary to conclude a new employment contract with him. He continues to work on the conditions specified in the employment contract concluded upon admission. If the results of the test, according to the employer, are negative, then he can terminate the employment contract with the employee even before the end of the probationary period.
To do this, he must notify the employee in writing of the impending dismissal 3 days in advance. The notice of dismissal must also detail the reasons. The employer must justify his decision about the negative results of passing the test.
If the employee does not agree with the results of the test, then he must also notify the employer. If he considers his dismissal illegal, he has the right to apply to the labor inspectorate or to the court. The opinion of the trade union in this case is not taken into account. The employee also has the right to terminate the employment contract with the employer if, during the test, he decides that this work doesn't work for him for a number of reasons. To do this, he must notify the employer in writing 3 days in advance.

Probationary period under the labor code

According to established practice, a probationary period is a certain period of time during which the employer checks the compliance of the employee being hired with the position for which he is registered.
Establishing the period necessary for testing is the right of the employer, but not his obligation. Therefore, if he believes that this applicant is suitable for a vacant position, he can hire him without passing the test.

The employer has the right to apply a trial period to a particular 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 of the Labor Code of the Russian Federation and art. 71 of the Labor Code of the Russian Federation. But this does not mean that he works on preferential or special conditions. Absolutely all the norms of the current labor legislation, as well as other regulations containing the norms of labor law, apply to it. That is, he has all labor rights and must fulfill all labor duties, and can also be held accountable for violating the norms of the Labor Code of the Russian Federation.
A probationary period may be established only by agreement of the parties. That is, if one party (as a rule, this is a future employee) did not know about the establishment of the test or was not properly notified, this is considered a gross violation of the norms of the Labor Code of the Russian Federation.
Therefore, the employer must notify his future employee that he intends to set a certain period for checking his professional suitability. The duration of the term must be announced. The applicant is not required to agree! But he can offer the future employer another term. When the parties come to a mutual agreement, they sign an employment contract, which indicates the duration of the test for a particular 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. In addition, if during labor relations the parties came to an agreement that the test period needs to be changed, then they can sign an additional agreement and write this provision in it.
On the basis of a signed employment contract or additional agreement, an order is issued, which also reflects the duration of the probationary period. If there are no such conditions, then 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 of the 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. The employer cannot conclude a fixed-term contract on such a basis as during the probationary period, since this is not a basis for concluding fixed-term contract. This is a violation of the current legislation.

The same situation applies to wages. It should not be less than that received by other employees in a similar position and with the same work experience as the new employee. That is, the employer does not have the right to prescribe in the employment contract one amount of remuneration for the duration of the test, and after - a different amount.

But employers have 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 monthly bonuses are paid to their employees, taking into account these facts. Therefore, an employee on probation, as a rule, receives less than other employees.
It is possible to carry out a dismissal during a trial period according to a simplified scheme, regardless of who initiates it - the employee or the employer. If one of the parties has come to the conclusion that these employment relations are impossible, then the employment contract is terminated without the participation of trade union organization and severance pay.

Who is not on probation?

The law establishes a certain circle of persons to whom a probationary period cannot be applied as a measure of testing professionalism. The circle of such employees is defined in Art. 70 of the Labor Code of the Russian Federation. These include:

• applicants who are accepted for a vacant position based on the results of the competition;
• pregnant women, with a relevant certificate, and persons who have a child under the age of 1.5 years;
• underage applicants;
• applicants who are graduates of universities and who get a job for the first time within 1 year after graduation educational institution;
• applicants who are deliberately elected to this 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 conclude 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 probation period

The maximum duration of the probationary period, according to the current legislation, is 3 months. That is, the employer does not have the right to check the professionalism of his employee for more than this period.
But there are several categories of workers 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 establish tests for him for a certain period.

A probationary period of not 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 trial 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 employees, other terms of the test may be established. Therefore, if the employer, in order to conduct his activities, is guided by such regulations, then he must take this into account when hiring new employees.

If the trial period is prescribed 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 for his employee without good reason, and he has no right to increase it.
However, there are such periods in work that are not included in the period for the employee to pass the test, that is, they actually increase the probationary period for a particular employee. These are periods of time such as:

• the 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, i.e. absence from the workplace due to training;
• finding an employee public works or performance by him public duties;
• the absence of an employee at his workplace for other valid reasons.

In fact, these periods extend the probationary period of a particular employee, although there are no changes in the employment contract.

The probationary period applies to a fixed-term employment contract.

It is possible to conclude with an employee both a fixed-term employment contract and a contract fixed term actions. Such a moment is reached by agreement of the parties. The duration of the employment relationship must be specified in the employment contract. A probationary period can also be applied to such an employee, but with some nuances.

A fixed-term employment contract can only be drawn up in certain cases. These are cases like:

• for a period not exceeding 5 years;
• an employee is hired to perform a specific amount of work when the exact date completion of such work cannot be determined. It should be stated in the employment contract;
• temporary absence of another employee. A common case is an employee's decree;
• performance of 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 test is also established by agreement of the parties, as with an open-ended contract. Apply general terms and Conditions test destination. The period for checking a new employee cannot also exceed 3 months. But if a new employee is registered for a period of 2 months to six months, then the employer cannot set a verification period of more than 2 weeks. This situation occurs when an employee, for example, is hired to perform seasonal work.
If the employee is hired for a period that does not exceed 2 months, then the employer does not have the right to set a period for the test. If the employer insists on this, then he violates the basic labor rights of this employee.