Labor Code, N 197-FZ | Art. 70 of the Labor Code of the Russian Federation

Article 70 of the Labor Code of the Russian Federation. Employment test (current edition)

When concluding an employment contract, by agreement of the parties, it may provide for a condition on testing the employee in order to verify his compliance with the assigned work.

The absence of a test clause in the employment contract means that the employee is hired without a test. In the event that an employee is actually allowed to work without drawing up an employment contract (part two of Article 67 of this Code), a test condition may be included in the employment contract only if the parties have drawn it up in the form of a separate agreement before starting work.

During the probationary period, the employee is subject to the provisions labor law and other regulatory legal acts containing the norms of labor law, collective agreement, agreements, local regulations.

A test for employment is not established for:

persons elected on the basis of a competition for the corresponding position held in accordance with the procedure established by labor legislation and other regulatory legal acts containing labor law norms;

pregnant women and women with children under the age of one and a half years;

persons under the age of eighteen;

persons who have received secondary vocational education or higher education with state accreditation educational programs and for the first time entering work in the received specialty within one year from the date of receipt vocational education appropriate level;

persons elected to elective office for paid work;

persons invited to work in the order of transfer from another employer as agreed between employers;

persons concluding an employment contract for a period of up to two months;

other persons in the cases provided for by this Code, other federal laws, collective agreement.

The probation period may not exceed three months, and for heads of organizations and their deputies, chief accountants and their deputies, heads of branches, representative offices or other separate structural divisions of organizations - six months, unless otherwise established by federal law.

When concluding an employment contract for a period of two to six months, the probation may not exceed two weeks.

The period of temporary disability of the employee and other periods when he was actually absent from work are not included in the probationary period.

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Commentary on Art. 70 of the Labor Code of the Russian Federation

1. The purpose of an employment test is to verify the suitability of an employee for the work assigned to him. The test agreement is one of the additional conditions of the employment contract. Therefore, it must be indicated in the employment contract itself, if the parties have agreed on such a condition. It is the employment contract that is the basis for indicating in the order for employment that the employee has been accepted with a probationary period. If the test condition was not specified at the conclusion of the employment contract and is not provided for in it, it is considered that the employee was hired without a test. An employer is not entitled to set a probationary period for an employee by an order for employment, if employment contract test condition is not provided.

An exception to this general rule is when an employee is actually admitted to work without an employment contract. In this case, during the subsequent execution of the employment contract in writing, a condition on a probationary period may be included in it. However, the following conditions must be met: the parties agreed before the start of work that the employee is hired with a probationary period; this agreement is formalized in a separate agreement (ie in writing). Thus, this exception does not shake general principle establishing a probationary period for an employee, i.e. by agreement of the parties.

2. During the period of probation, the provisions of the legislation and other regulatory legal acts containing the norms of labor law, agreements and the collective agreement, if it is adopted in the organization, fully apply to the employee. During this period, the employee must comply with the rules of the internal work schedule and is entitled to the payment of wages in full, to temporary disability benefits, etc.

In turn, the employer has the right to demand from the employee the fulfillment of all obligations stipulated by the employment contract, as well as, on his own initiative, terminate the employment contract with the employee during the probationary period for any reason provided for by the Labor Code in compliance with all established conditions.

So, if an employee hired on a probationary period is subject to dismissal from work before the expiration of the probationary period due to a reduction in the number or staff of employees, the dismissal must be carried out in compliance with all the conditions provided for employees dismissed on this basis (see commentary to articles 81, 178, 180).

3. Part 4 of Art. 70 defines the category of persons for whom a test for employment cannot be established. They include:

Persons elected on the basis of a competition for filling the relevant position, held in accordance with the procedure established by labor legislation and other regulatory legal acts containing labor law norms;

Pregnant women and women with children under the age of one and a half years;

Persons under the age of 18;

Persons who have received secondary vocational education or higher education in state-accredited educational programs and for the first time come to work in the specialty they have received within one year from the date of receiving vocational education at the appropriate level;

Persons elected to elective office for paid work;

Persons invited to work in the order of transfer from another employer as agreed between employers;

Persons concluding an employment contract for a period of up to two months.

This list is not exhaustive. The Labor Code, federal laws and the collective agreement may also establish other cases when a probationary period is not established upon employment.

If the test condition was provided for a person who, in accordance with Part 4 of Art. 70 test for employment cannot be established, it cannot be applied, even if the person does not object to such a condition.

This rule is based on Art. 9 of the Labor Code, according to which collective agreements, agreements, labor contracts cannot contain conditions that restrict the rights or reduce the level of guarantees for employees in comparison with those established by labor legislation and other regulatory legal acts containing labor law norms. If such conditions are included in a collective agreement, agreement or employment contract, then they are not subject to application.

4. Part 5 of Art. 70 establishes the deadlines for testing when applying for a job. How general rule it cannot exceed three months. A trial period of longer duration, but not more than six months, may be set for the head of the organization, his deputies, the chief accountant and his deputies, the head of a branch, representative office or other separate structural unit. A different period of probation for employment for these workers may be established by federal law.

As can be seen from the content of this norm, the circle of persons who can be set a probation period for employment lasting more than three (up to six) months is limited. In this regard, a trial period of up to six months cannot be established, for example, for the deputy head of a branch, representative office or other separate structural unit, its chief accountant, as well as the head of a shop, department, sector and other similar structural units of the organization, regardless of the degree their isolation.

Others may be established by the Labor Code and other federal laws, incl. minimum or maximum, test periods. So, according to part 6 of the commented article, when concluding an employment contract for a period of two to six months, the test cannot exceed two weeks. Within the established terms, the parties to the employment contract themselves determine its specific duration.

Judicial practice under article 70 of the Labor Code of the Russian Federation:

• Decision of the Supreme Court: Determination N 5-KG16-243, Judicial Collegium for Civil Cases, cassation

  Judicial Collegium for Civil Cases Supreme Court Russian Federation concludes that in the present case of this nature significant violations norms of procedural law were admitted by the courts of first and appeal instances. According to Part 1 of Article 70 of the Labor Code of the Russian Federation, when concluding an employment contract, by agreement of the parties, it may provide for a condition on testing an employee in order to verify his compliance with the assigned work ...

• Decision of the Supreme Court: Determination N 74-KG17-13, Judicial Collegium for Civil Cases, cassation

  When concluding an employment contract, by agreement of the parties, it may provide for a condition on testing the employee in order to verify his compliance with the assigned work (Part 1 of Article 70 of the Labor Code of the Russian Federation). During the probation period, the employee is subject to the provisions of labor legislation and other regulatory legal acts containing labor law norms, a collective agreement ...

• Decision of the Supreme Court: Ruling N 307-KG17-7478, Judicial Collegium for Economic Disputes, cassation

  Collections and returns customs duties, taxes. In accordance with paragraph 28 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated May 12, 2016 No. 18 “On Certain Issues of the Application of Customs Legislation by the Courts”, in accordance with subparagraph 3 of paragraph 1 of Article 70 of the Customs Code of the Customs Union, customs payments include, among other things, value added tax levied upon importation goods, the return of which is carried out in accordance with the rules of Article 147 of the Law on Customs Regulation, regardless of the state of settlements for value added tax recorded by the tax authorities. Guided by the above rules of law and the clarification of the highest court ...

I am interested in the practice of applying a probationary period when applying for a job. The labor code does not indicate that it is necessary to designate the tasks and parameters for which the probationary period is considered to be successfully completed.

Can I be fired without giving objective reasons? Are there examples from judicial practice in cases like this?

Pavel, the employer can hire you for a trial period - this is legal. The contract may contain a general phrase about checking compliance with the assigned work. You are required to perform only those duties that are specified in the job description and employment contract. The law does not require specific criteria for passing the probationary period to be determined in the contract, but it is better for you to check them with your manager and fix them.

Natalia Bogatyreva

You can be fired during the probationary period, but the employer must clearly explain why you did not do the job. If objective reasons are not specified, the court may recognize the dismissal as illegal.

Dismissal based on the results of a probationary period is a common practice in which there are many nuances. First, I’ll tell you in more detail what is written in the labor code, and then what decisions the courts make in practice.

What does the labor code say?

An employment contract can include a condition on a test when applying for a job - this is the probationary period. It is needed to understand whether the job is suitable for a new employee. If not suitable, you can fire him and not pay severance pay.

You can not get a probationary period without an employment contract. In a separate clause or section of the employment contract, something like:

In order to verify the compliance of the employee with the work assigned to him, a test is established for a period of three months from the date of the actual start of work.

Sometimes employers accept people for a trial period, saying that an employment contract will be concluded based on its results. So it is impossible - do not agree.

In general, the law allows you to start working without an employment contract. This is called actual admission to work. It is considered that the employment contract has already been concluded from the moment you started working. You can sign it later. The law gives 3 working days for this, counting from the day of admission to work. With the actual admission to work, the probationary period must be drawn up in a separate agreement and signed strictly before the start of work.

Those who work on probation have the same rights and obligations as other employees. They have the same salary and the same daily routine.

Probation is not for everyone. The employer is not entitled to install it for pregnant women, women with children under 1.5 years old, minors, young professionals. Full list those who are under the special protection of the law, in Part 4 of Art. 70 of the labor code.

The trial period is limited by law. The Labor Code determines how long it can last.

How long is the trial period

In general

up to 3 months

For managers, chief accountants and their deputies

up to 6 months

If the employment contract is concluded for less than six months

up to 2 weeks

If the employment contract is concluded for a period of up to 2 months

test cannot be set.

Can be fired, but there are nuances

The employer must fulfill a number of requirements:

1. Notify the employee 3 days in advance.
2. Explain why he failed the test.
3. Make it in writing.

The date of dismissal must be strictly within the probationary period. You can not tell the employee that he did not cope with the test on the last day of the probationary period. You must be notified at least 3 days before its end.

Specific criteria by which the employer evaluates the result of the probationary period, labor Code does not define. The employer decides for himself what is considered an unsatisfactory test result for him. The Constitutional Court specifically clarifies that this is normal and does not violate the rights of workers.

The employee himself can also quit during the probationary period if he decides that the job does not suit him. You don't need to tell your employer why. The application for dismissal must be submitted at least 3 days in advance, and not 2 weeks in advance, as usual.

How to know if you've done a good job

Read your job description. Usually, the employment contract does not indicate specific goals and objectives assigned to the employee for a probationary period. So the first thing you need to do is read the manual. You can cope or not cope only with the duties that are in the job description and the employment contract.

Study local laws. Large firms develop special documents - provisions on the procedure for passing the test. A separate section on testing can also be included in the labor regulations. In these local acts, the employer prescribes the procedure for passing the probationary period and evaluating its results.

Make a work plan. If the firm is small and rarely accepts people on probation, there may not be special provisions. In this case, talk personally with the manager and offer to draw up a work plan for the duration of the test or determine the goals to be achieved. So you will know in advance what the employer will evaluate.

For example, for the sphere of trade, the indicators of passing the test may be the fulfillment of the sales plan, an increase in the average bill for customers. You can specify specific percentages. For the secretary - competent conduct of telephone conversations, timely distribution of incoming correspondence and sending outgoing.

WITH job description, labor regulations and other local regulations, the employer is obliged to familiarize you with a signature when hiring. This important point: Your signature confirms that you knew what the employer expected of you. Be sure to read your job descriptions.

If you don't agree, go to court.

The employer is obliged to explain the refusal to the employee in writing. If you do not agree, you can file a lawsuit, and attach this explanation to the statement of claim. The court will assess the situation from all sides: it will take into account the nature of the work and the validity of the employer's requirements. If he is wrong, the court will reinstate the employee in his position or change the wording of the dismissal in the work book to “dismissed due to own will". The obligation to prove the fact of unsatisfactory work of the employee rests with the employer.

The court may recognize the dismissal of an employee as illegal in two cases:

1. The employer violated the dismissal procedure: he did not notify 3 days in advance, did not explain the reasons.
2. The employer was guided by biased reasons. For example, he wanted to dismiss an employee for personal reasons, but did not take into account the result of the work or took it into account formally.

The employer must evaluate business qualities employee: the level of professionalism, the quality of the performance of duties and discipline. If we talk about examples: the employee did not fulfill the sales plan, incorrectly executed the documents, was late for work, did not follow the instructions of the manager, etc.

There is no need to draw up any special acts. Some employees in court say that the employer must draw up acts on the identification of errors in work, without them it is impossible to dismiss. The law does not provide for such a thing. The employer can use any evidence:

1. Incorrectly formatted documents.
2. Reporting notes.
3. Acts on disciplinary sanctions.
4. customer complaints, etc.

Contact district court place of work or place of residence. The statement of claim must be submitted within one month from the date of delivery of a copy of the dismissal order or from the date of issue of the work book. This is the statute of limitations, after which the state does not guarantee you judicial protection.

Examples of judgments

Dismissal of workers taken on probation is a common practice. There are solutions for both employees and employers. I will give a few examples.

The contract does not specify a probationary period - dismissal is illegal. The woman got a job as a manager of the client department. She did not sign an employment contract, did not conclude a test agreement. The employer notified her of the termination of the employment contract due to the unsatisfactory result of the test. The woman went to court. The employer brought to the court an order for her employment, in which there was a test condition. The court said that this was not an employment contract, and reinstated the woman at work.

The employee did not sign the job description - the dismissal is illegal. The man sued the Conscious collective farm, where he worked as a mechanical engineer. The employer sent him a notice that the employment relationship would be terminated due to unsatisfactory test results. The man did not agree with this and went to court. Resolving the dispute, the court found that the man was not acquainted with the job description of a mechanical engineer. The court considered the testimony of the witness to be inadmissible evidence. Familiarization with the job description must be confirmed by written means of proof and cannot be confirmed by witness testimony. The court reinstated the man as a mechanical engineer.

The employee avoided signing the employment contract - the dismissal is legal. The man got a job as a mechanic in construction company. A month and a half later, he was fired due to an unsatisfactory test. The employer pointed out the lack of business and professional qualities for the position of a mechanic, as well as a disciplinary violation: being in a change house after a lunch break. The man went to court and said that he was hired without a test. He signed the contract after being hired, which means he worked without a probationary period. The employer objected that the man evaded signing the employment contract for more than a month, although he was repeatedly offered to do so. The court sided with the employer, the man was fired.

The school teacher broke the rules labor discipline- dismissal is legal. The teacher of Russian language and literature was hired with a trial period of 3 months. Before its completion, she was fired, having been notified of the unsatisfactory result of the test. The employer explained in court that the woman acted in bad faith as a teacher and class teacher: she was negligent in checking notebooks, did not fill in the data in the electronic diary, was absent from duty, left work without permission and left her children unattended. She was unable to challenge the dismissal decision.

Reminder when applying for a job

If you are applying for a job with a trial period, talk to your employer about how they will evaluate the results of the test.

Sign an employment contract, which must contain a condition on passing the test and its duration. Keep your copy of the agreement in a safe place.

Read your job description, internal labor regulations, find out if the organization has a special provision on the procedure for passing the test.

If you were fired during the probationary period without giving reasons, go to court. If the reasons are explained, but you do not agree with them, go to court. It's free.

If you have a question about personal finances, expensive purchases or a family budget, write to: [email protected]. For the most interesting questions answer in a journal.

Probation- this is the period of time during which the employer checks the employee of the enterprise for his suitability for the job.

A probationary period is necessary to test the professional qualities of a future employee.

Note that the establishment of the period necessary for testing is the right of the employer, but not his obligation.

Therefore, if the employer believes that this applicant is suitable for vacant position, then he can hire him without passing the test.

What is the purpose of probation?

The procedure for testing a potential employee when hiring expresses the completely legitimate right of the employer to determine his professional skills and the suitability of his position.

The condition for passing such a check allows:

evaluate the quality of performance of the duties assigned to the employee;

check the compliance of the business qualities (working skills) of the new employee with the existing requirements of the employer;

determine the level of discipline of the beginner.

trial period and

When hiring an employee, even if there is a probationary period, the employer is obliged to conclude an employment contract with the employee of the enterprise.

The employment contract must state that the employee is hired with a probationary period. The salary that the employer must pay to the employee on probation must also be stipulated in the employment contract.

It should be noted that all the norms of the current labor legislation, as well as other local regulations of the enterprise, containing labor law norms, apply to an employee on probation. That is, the worker has everything labor rights and must do everything labor obligations, and may also be held accountable for violating the norms of the Labor Code of the Russian Federation. This applies to wages, receiving bonuses, establishing social guarantees.

The candidate is entitled to judicial order appeal against any actions of the employer.

If the employment contract with the employee does not specify the condition for assigning a probationary period to the applicant when hiring, this means that the employee of the enterprise has been hired for a vacant position without a probationary period.

Probationary period

The duration of the probationary period is not an essential condition of the employment contract. That is, without this clause, the employment contract will be valid.

In addition, if during labor relations the parties have agreed that the test period needs to be changed, then they can sign the corresponding additional agreement.

Article 70 of the Labor Code of the Russian Federation states that the duration of the probationary period cannot exceed three months.

If the head of the organization, his deputy, the head of a branch, representative office, structural unit, or his deputy is hired, then the probationary period is extended by up to 6 months.

If an applicant for a vacant position is concluded for a period of 2 to 6 months, or an employment contract is concluded with an applicant working for seasonal work, then the test period cannot exceed 2 weeks.

Tests for a period of 3 to 6 months are established for civil servants who are hired for the first time and for persons who are transferred to the civil service for the first time.

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 wage;

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.

Who can't be put on probation

According to the Labor Code of the Russian Federation, a probationary period for employment cannot be established for the following employees:

persons who occupy a vacant position as a result of a competition;

pregnant women with a relevant certificate;

women with a child under the age of 1.5 years;

underage applicants;

applicants who are university graduates and who get a job for the first time within 1 year after graduation;

applicants who hold elective office;

persons who occupy a vacant position as a result of a transfer from another employer, if there is an appropriate agreement between these employers;

applicants with whom the employer has concluded an employment contract for a period of less than 2 months;

other persons, if it is provided by the local normative act or collective agreement.

Results from passing the test

The test results can be either positive or negative.

If the employee has passed the test, then it is not necessary to conclude a new employment contract with him. The employee continues to work on the conditions that are prescribed in the employment contract concluded upon hiring the employee.

If the results of the test, according to the employer, are negative, then the employer has the right to terminate the employment contract with the employee even before the end of the probationary period. To do this, the employer must notify the employee in writing of the upcoming dismissal 3 days before the dismissal.

The notice of dismissal must also detail the reasons, as the employer must justify its decision on the negative results of the test.

If the employee does not agree with the results of the test, then he must also notify the employer. Moreover, if an employee of the organization considers his dismissal illegal, then he has the right to apply to labor inspection or to court.

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 before the termination of the employment contract.

conclusions

Article 70 of the Labor Code of the Russian Federation contains norms according to which, when applying for a job, an employer can establish a probationary period for a future employee for a limited time.

This trial period according to the Labor Code of the Russian Federation cannot be more than 3 months. For leadership positions the duration of the trial period is 6 months. If the work is supposed to be short-term (from 2 months to six months), then the duration of the probationary period is no more than 2 weeks. And if the employment time does not exceed 2 months, then the test condition may not be stipulated.

At the end of the trial period, the employer must decide whether the employee is suitable for him or whether he should be fired.

If the worker continues to work after the completion of the probation, then he is considered hired.

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The probationary period is a convenient pre-assessment tool. The employer gets the opportunity to check the selected employee, his professional and personal qualities. And the applicant will have time to take a closer look at the new place: the conditions, the team and the availability of further prospects.

In order for the trial period to be productive and not cause disputes, the parties must discuss the conditions for passing and registration issues.

What is a probationary period under the Labor Code of the Russian Federation

The regulatory framework for passing the test is two articles of the Labor Code:

1. №70 - Testing for employment.
2. №71 - "The result of the test when applying for a job."

Legally, probation is the period during which an employer can dismiss an employee under a simplified scheme: there is no need to detain the employee for two weeks, plus the decision to dismiss does not need to be coordinated with the trade unions.

A citizen who is on probation can also be the initiator of early termination of cooperation. Both parties are required to give 3 days notice of their decision. In all other aspects, the passage of the trial period is no different from the normal workflow. The new staff has all the rights and obligations of a staff unit.

Design nuances

Sometimes job seekers mistakenly believe that the employer is guided only by verbal agreements. In fact, in order to have the benefit of a simplified termination, an organization has to complicate the process of hiring personnel:

• The employment contract must contain a special clause with a clear indication of the end date of the test.
• In addition, a Regulation is drawn up, which spells out the conditions for passing the probationary period, as well as specific criteria by which the candidate will be evaluated.
• The second copies of the documents are issued to the new employee. The signature of the employee is required, confirming that he was familiarized with the job descriptions, standards and internal rules.

Dismissal procedure

The company does not have the right to unjustifiably refuse an employee. All arguments are documented and pre-agreed in the Regulations.

During the verification period, it is desirable to keep a special log. It notes both positive and negative indicators of the candidate:

• implementation of plans;
• compliance with job instructions;
• facts of violation of discipline (for example, being late or smoking, if this is prohibited by internal regulations);
• conflict (complaints of colleagues), etc.

The employee has the right to be interested in the content of the book and ask clarifying questions to the curator.

If the employer decides to dismiss the test subject, a written notice must be prepared and served no later than 3 days before the deadline. The document must be accompanied by strong reasons for refusal (at least three):

• log entries;
• reports of immediate supervisors;
• acts of acceptance of works or goods;
• customer complaints, etc.

Within three days from the moment the employee gets acquainted with the notification, the enterprise issues a dismissal order and closes its block in the work book with the entry “due to unsatisfactory results”. At the same time, a reference to Article 71 of the Labor Code of the Russian Federation must be indicated.

On the last working day, the employee is given his labor and settlement. Severance pay is not paid (art. 71 part 2).

Legally, the listed actions are sufficient to remove all claims from the enterprise and prevent litigation.

How to avoid an unpleasant entry in the labor

The main advantage of a probationary period for an organization is the ability to quickly eliminate a negligent employee if it suffers manufacturing process. After all, it is not always possible to understand in advance whether a person is qualified enough for a particular position, even after a long and thorough interview.

In this regard, many applicants are afraid to agree to a trial period, thinking that this will spoil them work book. In fact, the record that the candidate failed the test appears only in extreme cases.

Practice shows that usually all disagreements are resolved peacefully. To do this, the parties stipulate the nuances in advance and fix them in the Regulations.

For example, if a candidate does not cope with his duties, the employer warns of his intention to fire him. It gives the employee the opportunity to get acquainted with the preliminary results within 24 hours and write a statement of his own free will. In this case, the labor office closes in the usual manner.

This state of affairs is beneficial to the entrepreneur himself, as it frees him from additional formalities.

Duration and extension

The end date of the test is clearly stated in the employment contract and has its limitations:

• The standard probationary period may be two weeks to three months.
• The employer has the right to set a longer time (up to six months) for chief accountants and senior positions.
• The review period may not exceed two weeks for employees hired on a temporary or fixed-term contract. If the contract is concluded for a period of less than two months, the test is not appointed at all.
• Civil servants, as well as persons appointed to responsible government vacancies, may be tested during the year.

Both the employer and the employee have the right to interrupt the process of passing the test ahead of schedule, after warning 3 days in advance. And here neither party can extend the trial(with the exception of situations when the subject went on sick leave).

There are times when an enterprise, convinced of the value of an employee ahead of schedule, takes the initiative to cancel the test. If the candidate does not object, an addition to the employment contract is drawn up. If the deadline has come to an end, and no applications or notifications have been received, the person is automatically considered to be enrolled in the state on a permanent basis.

Who are not eligible to be tested

The most important condition of the probationary period is the consent given by the applicant. In addition, there are preferential categories:

• women in position or with children under 1.5 years old;
• minors;
• young professionals who have graduated educational establishments by profile and who proposed their candidacy in the first year after receiving a diploma;
• applicants who have passed the test of the competition;
• employees who entered the translation company;
• seasonal workers who have signed a contract for a period of up to 2 months.

The listed persons are not offered a probationary period. An exception is the employment of civil servants. In these cases, special categories may be assigned a verification period of up to three months.

Can I take sick leave?

According to the Labor Code of the Russian Federation, employees, regardless of whether they work on a permanent basis or not, have all social rights. This also applies to compensation payments for temporary disability.

Anyone can get sick. If such trouble happened during the probationary period, sick leave stays the same. On the first day, you must notify the management (you can call), see a doctor and open a sick leave.

On the last day of illness, you must issue a certificate properly:

• on a special hospital form;
• with the seals of a doctor and a medical institution;
• indicating the name of the enterprise and position (it is not necessary to mention the probationary period).

Upon returning to work, a person is given sick leave to the personnel or accounting department.

Compensation is calculated according to the minimum wage system or on the basis of salary certificates at previous jobs for the last two years.

If the candidate went on sick leave, the trial period is automatically extended by the number of days missed.

Can wages be lower?

During the test, the candidate cannot establish a pay less than that provided for a position in staffing . Pay cuts justified by "internship" are considered illegal.

If an employee fulfills his duties in full, in addition to his salary, he is also entitled to allowances and bonuses provided for by the enterprise (for example, for the implementation of the plan).

Variants are allowed when an additional agreement is signed with an employee, according to which he receives only a rate, but performs only part of his duties (while he is mastering new job). As the amount of work increases, so does the surcharge.

Does experience count?

According to Article No. 16 of the Code of the Russian Federation, an agreement must be concluded with an employee admitted to perform work at an enterprise. During the first five days, an appointment order is issued and an entry is made in the work book.

This also applies to new employees, in whose contract there is a clause on the passage of a probationary period. Articles 70 and 71 concern only special conditions for accelerated dismissal, but do not affect the infringement of human rights.

All test days are included in the total experience. The employer does not have the right to draw up a contract retroactively.

Whatever final results probationary period, whether a person remains in the organization or not, he has the right to official employment and the use of all the rights provided for by the Labor Code of the Russian Federation.

Candidate test video

On the video - in detail how to properly set a trial period for a job seeker:

The Labor Code of the Russian Federation allows to establish a probationary period for an employee when hiring. From the article you will learn what the maximum probationary period under the Labor Code can be set, which employees are hired without probation, and how to dismiss during the probationary period.

From the article you will learn:

How long is the probationary period under the Labor Code

The goal is to check professional quality worker. During the probationary period, the employer must understand how fully and accurately the employee performs the assigned work.

The test condition is optional. This means that the employer may not establish a probationary period for the employee at all. But if it is necessary to check business qualities, do not exceed the maximum limits allowed by law.

If the results of work in the position are not immediately visible, and the tasks issued to the beginner require a lot of time to complete, it is better to immediately set the maximum probationary period. Otherwise, you may not have time to assess the compliance of the employee with the assigned work. But it is not necessary to set the maximum allowable probation period for all employees.

What is the probationary period under the labor code can be set for a part-time job? The law does not tie the period of probation to the nature of the work. A part-time job is set for a trial period in the same manner as for an employee for whom the work is the main one.

In order not to confuse anything, useservice in "Systems Personnel" . It will help you set the right time.

Who can't be put on probation

1. workers who need special social protection due to age or family responsibilities. This includes minors, pregnant women and women with children under the age of one and a half years.
2. Workers who perform work for a short time. That is, persons concluding an employment contract for a period of up to two months.
3. Workers who…

Under no circumstances can a probation period be set for these persons. But what if, after signing the contract, it turned out that the employee belongs to the preferential category? Do I need to cancel the test condition?

find out

Probationary period for a young specialist

The Labor Code protects young professionals. An acceptance test cannot be set if 4 conditions are present at once:

• the educational institution of vocational education was accredited at the time of graduation,
• no more than a year has passed since the end of training,
• worker first goes to work (i.e. has no work experience at all),
• the work corresponds to the specialty received.

Does the Labor Code allow dismissal on probation?

The trial period does not entail any restrictions. Therefore, you can fire an employee:

• By common grounds(Article 77 of the Labor Code of the Russian Federation),
• at the initiative of the employer (Article 81 of the Labor Code of the Russian Federation),
• due to circumstances beyond the control of the parties (Article 83 of the Labor Code of the Russian Federation).

But there are two features.

1. Upon dismissal of his own free will, the employee has the right to notify about his desire in just 3 days (and not 2 weeks).
2. An additional reason appears for dismissal of an employee at the initiative of the employer - in connection with unsatisfactory test results (Article 71 of the Labor Code of the Russian Federation).

Download this helpful document:

How to fire an employee who has not passed the probationary period

Step 1. Make a decision to terminate the employment contract. Based on two documents. About them in detail

Step 2: Notify the employee in writing. Do this at least 3 days before the date of dismissal, and the date of dismissal should not go beyond the probationary period. In the notification, indicate the specific reasons why the employee was recognized as not suitable for the position for which he is applying.

Please provide two copies of the notice. On the copy of the employer, the employee must sign the receipt of the document and put the date. If the employee refuses to sign, draw up an act of refusal.

Step 3. Issue a dismissal order. Before publishing, check if it is possible this employee dismissed at the initiative of the employer.

Please note that part 6 of article 81 of the Labor Code of the Russian Federation prohibits the dismissal of an employee at the initiative of the employer:

• during the period of temporary disability,
• during any holiday.

Therefore, if an employee warned about the dismissal on the due day suddenly takes sick leave or goes on vacation, then the parting will have to be postponed. Otherwise, you will give him a chance to be reinstated at work.

Important! The period of absence of the employee during the probation period is not counted. Part 7 of Article 70 of the Labor Code of the Russian Federation tells us about this.

If an employee falls ill, then the end of the probationary period is postponed (postponed) by the number of sick days. Therefore, going to work, the employee gets to the initial starting point.

You can fire him on the first day of going to work after sick leave. Unless, of course, 3 calendar days have already passed since the notification was delivered.

If you fire a woman, check again if she is pregnant. Otherwise, you cannot be fired. These are the requirements of the Labor Code of the Russian Federation.

Dismissal on probation is legal if:

• in the employment contract with the employee there is a condition on the test, and this test does not exceed the maximum allowable time;
• the employee belongs to a category that is not prohibited by law from establishing a test when hiring;
• the main responsibilities, the list of knowledge and skills that an employee must have in order to perform the work assigned to him, are fixed by an employment contract and (or) job description, other local regulatory act, with which he is familiarized with signature;
• there are documents confirming the progress of the test and its results (work plan for the trial period, reports on its implementation, evaluation sheets, etc.);
• the employee was notified in writing of the dismissal no later than three days before the day of dismissal,
• dismissal is correct.

Learn more about being fired on probation .