Before finally accepting a new employee on the staff, most employers first offer him to go through a probationary period. This period is difficult not only for the employee, but also to some extent for the management of the organization. How to issue a probationary period, how much to pay for it, how to dismiss an employee if he has not coped with the assigned functions - there are quite a lot of questions for the employer. Let's look at this issue in more detail.
What is the essence of the probationary period and why is it needed
Probation- this is the time when the applicant for any position has not yet been finally accepted into the staff of the company, but has already begun to perform work tasks. The purpose of the test for the employer is to check how the employee matches the vacancy in terms of his work skills and abilities, and to make sure that he fits the team in terms of personal qualities. For the applicant, the probationary period is also important - it can a short time understand whether he is able to cope with the tasks and whether the work meets his expectations.
Attention! It is illegal to allow an employee to work without concluding an Employment Contract with him, even if we are talking so far only on probation. The law requires that the fact of employment, even for the period of probation, be documented. Otherwise, the employer will face administrative liability and large fines.
Probation period documentation
As soon as an employee has begun to perform official duties, it is considered that he is already employed. Even if it is just a trial period and even if no written contractual obligations have been concluded with it.
However, in order to avoid disagreements with the law, the employer should take care of the documentary side of the test employment in advance. In particular, the main document regulating the relationship between the organization and the employee for the period of verification - labor contract. At the same time, it must certainly contain a section on the probationary period with a clearly defined period and its conditions.
In those situations when an employee starts working without registration employment contract, a separate probationary agreement must be concluded with him in advance, which will subsequently be included in the employment contract.
For your information! If a person started working without a written employment contract, or if the employment contract does not stipulate a condition for a probationary period, this is regarded by law as the fact that the employer accepted the employee without passing the test. Verbal agreements don't matter.
Making a probationary period in the work book: write or not
The question of whether a trial period should be recorded in work book is of interest to many employers.
The law clearly establishes that the probationary period does not need to be mentioned in the work book, it only makes a record of employment, and from the date on which the employee began to perform work duties in the verification mode.
The employer must make all the necessary entries in the work book of each employee who has worked for him for more than 5 days, but only if this permanent place work for man.
Thus, the condition of the probationary period is fixed only in the employment contract.
Probationary period
The probationary period cannot be infinite and the Labor Code clearly sets the time limit for checking the suitability of a new employee for the position held - three months, that is 90 calendar days . After a three-month period, the employer must decide whether the person suits him or it is better to part with him.
But there is also exceptions:
- not more than two weeks, employees who have concluded an employment contract for a period of 2 to 6 months, as well as those employees who are engaged in seasonal work, are entitled to undergo a test;
- within 6 months, executives can be on probation, for example, directors of organizations, branches and structural divisions, and their deputies, as well as chief accountants and their deputies;
- officials first hired public service or those who have moved from one position to another must work in a trial mode in a new place from 3 to 6 months.
Important! Making sure that new employee completely satisfied with him, the employer can reduce the probationary period. But he has no right to extend it under any circumstances.
It should be remembered that there are certain periods of time that cannot be included in the test period. For example, if:
- the employee was on sick leave;
- engaged in public or state duties;
- went on a short vacation without saving salary;
- was on vacation due to training;
- actually absent from work for some other valid reason.
Attention! The probationary period should be included in the length of service, giving him the right to a planned paid annual leave in the future.
Probation period payment
By law, work on time probationary period must be paid by the employer, and in the same way as if the employee was already in the state for permanent basis.
The legislator explains this requirement simply: since labor is performed in these two cases equally and equally, the infringement of the rights of an employee on probation will be considered a violation of the law.
However, employers are not always ready to put up with this state of affairs and quite often bypass this rule. And they do it legally too. For example, for a probationary period, an employment contract can be concluded with an employee with a salary prescribed in it, as if permanent. After passing the test, this employment contract is terminated by mutual agreement of the parties and a new one is concluded with an already higher salary. Another way: payment in the organization of bonuses and additional payments, depending on the length of service in it.
Who is eligible for probation
- women who are expecting a child and have children under the age of three;
- minors;
- those who are transferred from one organization to another by agreement between employers;
- employees appointed to the position after passing the competition in the manner prescribed by law;
- employees under an employment contract valid for up to two months;
- other persons prescribed in the Labor Code of the Russian Federation.
What to do if a new employee has not passed the probationary period
If during the test it turns out that the employee is not suitable for the tasks that are imputed to his job duties, the management of the enterprise. And it must be done during the test period, in extreme cases, on his last day. Otherwise, it will be considered that the employee successfully completed the test.
Important! During the probationary period, the employer should clearly monitor how the employee performs the tasks given to him. In case of untimely or poor-quality execution, this must be recorded (for example, in service and memorandums). In the future, in case of an unfavorable development of events, scrupulous documentary support of the test will facilitate the collection of evidence for the eligibility of dismissal of an employee who failed the test.
Warn the employee about the impending dismissal at least three days before in writing. The notice must without fail indicate the reasons why it is believed that the employee did not pass the test, as well as attach documents confirming them to it.
Summing up, we can draw the following conclusion: the probationary period is the time when, despite the special close attention on the part of the employer, the new employee has all the rights and obligations of employees on an ongoing basis. It is necessary to approach the registration of the probationary period in strict accordance with the requirements of the law - this will allow you to avoid claims in the future, both from the side of the staff and from the controlling structures.
A new job means more than just new responsibilities and new team, but also a probationary period that must be met.
The probationary period is considered not only a test for compliance with the position held, but also an opportunity to check whether this work suits the employee himself.
The job market dictates its own rules and rather strict conditions. Due to the crisis, both job seekers and employers faced long queues of people wishing to fill a vacancy.
The main criteria for compliance with the position are: the timing, volume and quality of work.
Details of the conditions for passing the probationary period should be spelled out in the employment contract or overlap with job description, with which the subject must be familiarized in advance, otherwise how will the employee know what range of tasks he needs to perform?
Consider the rights and obligations of the employee regarding the appointment and passage of the probationary period.
Rights of an employee during a probationary period
The rights of an employee on probation are spelled out in the Labor Code of the Russian Federation (Articles 70, 71).
Based on this, one can following conclusions:
- a probationary period is not a mandatory condition, but is established by mutual agreement between the employee and the employer. Therefore, if an employee does not agree with the appointment of a probationary period, he can forget about work ... At the same time, he can be hired without a probationary period, at the suggestion of the employer;
— no probationary period pregnant women, women who have children under one and a half years old, minors (up to 18 years old), young people who have come to work for the first time in the specialty "University" or school;
- the presence of a probationary period is indicated in the employment contract. If there is no such item, then there is no probationary period. It is impossible to retroactively include a probationary period in an employment contract;
– the probationary period cannot exceed 3 months, with the exception of testing applicants for the position of managers, chief accountants and their deputies (up to 6 months);
- during the probationary period, the time spent "on sick leave" is not counted;
- the probationary period can be reduced. To do this, you must draw up a written agreement to the employment contract. In addition, the employer must sign an order to reduce the test time;
And now let's move on to the most unpleasant thing about the probationary period. Suppose the employer is not satisfied with the work of the subject. So, it's time to terminate the employment contract.
What is the reason for its termination?
Termination of the contract at the initiative of the employer
The final decision that the employee has not passed the probationary period is made by the employer.
However, the conclusions about the inadequacy of the position held should be justified, and not taken from the head.
The decision is made on the basis of memos from middle managers, memos from colleagues at work, and customer complaints.
For example: poor performance of work, failure to meet deadlines, delays, etc.
Accusations of being late must be accompanied by relevant explanatory notes, to non-compliance with deadlines - memos or memos.
Termination of the contract at the initiative of the employee
If the employee decides that this work does not suit him, he must notify his employer in writing no later than 3 days before the end of the probationary period.
If at the end of the probationary period the employer is silent, then the employee has passed the test.
Confusion or forgetfulness this case cannot take place.
Remuneration during the probationary period must be equivalent to the salary in this position.
“Small trial salary” is illegal, in this regard, a conscientious employer, after the employee passes the test period, will conclude additional agreement indicating the promised amount, and not dishonest - perhaps he will pay at the level of a small probationary salary ...
Advice for an employee on probation
1. Get a notebook where you can write down useful information.
2. If a new job seems familiar to you, don't try to repeat: "I've done this a hundred times, I know." The fact is that the experience gained at the previous place of work is not a reason to pretend to be a global connoisseur. In addition, similar operations at different workplaces can be performed differently, for example, due to differences in technologies or workflow features.
3. Take the initiative carefully. Do not make proposals unless you are ready to take responsibility for the outcome.
4. Consult with experienced employees. Feel free to ask questions. Be aware that training or helping newcomers is usually encouraged by superiors. But don't torment your colleagues endlessly. Remember that you can ask for a “fishing rod”, but not a “fish”!
5. Observe labor discipline. Do not leave before the employees, no matter how much you would like to.
6. If new workplace after one or two weeks it seems terribly uncomfortable for you, do not wait for the end of the trial period. Maybe the job just isn't right for you. Be honest with yourself and your employer. And you don't need to explain why.
Liked the article? Press +1!Trial period or advice to young employees.
Legal aspects of the trial period.
So you settle for new job. Behind the interview, waiting for the results, the joy of passing the competitive selection. The phrase has already sounded, caressing the ear, “Congratulations, you are accepted!” You come to draw up documents, and here one “but” arises: the boss offers you to conclude an agreement with a probationary period.
What is it, and what should you pay attention to when concluding such an agreement?
The probationary period is the time given to check the suitability of the employee for the position held. It is established by agreement of both parties and the conditions must be stipulated in the employment contract.
That is, if you sign an agreement in which there is not a word about a probationary period, and then it turns out that there was an order in which its conditions were prescribed, then this is illegal and is a violation of the current Labor Code of the Russian Federation.
In accordance with Art. 70 of the Labor Code of the Russian Federation, the conditions of the test must be prescribed in the employment contract. Otherwise, the employee is considered hired without a probationary period.
In addition, not all newcomers can set a test when applying for a job. It is forbidden to do this for pregnant women, persons under the age of 18, persons who first get a job in their specialty, persons who have taken a vacant place in a competition for replacement, persons elected to an elected position, as well as those who are being transferred from another place as agreed between the employers.
Lena graduated from the Institute with a degree in Finance and Credit. For some time she worked in a trading company as an office manager, and then she saw an advertisement with a vacancy for an “economist”, passed an interview and was hired. She was offered to conclude an employment contract with a trial period of 3 months. However, the girl did not work in this specialty after receiving her diploma, therefore it is forbidden for her to arrange a test according to the Labor Code of the Russian Federation, about which she notified her boss. As a result, an employment contract was concluded with Lena on a general basis.
In accordance with the Labor Code of the Russian Federation, the probationary period is for up to 3 months. IN individual cases, it can be six months for persons holding leadership positions(heads, chief accountants, etc.) The test should not be extended at the request of the employer.
Salary during the probationary period cannot be lower than the constant. If this is a salary, then it should be the same, both during the test and after it.
If during the probationary period you (or your child) become ill, then it must be extended for the duration of the sick leave.
Please note that all the main provisions of the Labor Code of the Russian Federation apply to an employee on probation! AND given period included in the total work experience.
While working under a probationary contract, the accountant refused to pay me sick leave for child care, as well as compensation for unused vacation upon dismissal. She referred to the fact that these compensations are not paid to workers with a trial.
However, in accordance with Art. 70 of the Labor Code of the Russian Federation, during the probationary period, the provisions of the current Labor Code, laws, and all regulations containing labor law norms should apply to the employee.
What I did not fail to point out in a statement to the director with a request to pay me all the due compensation. The issue was resolved in my favor.
An employment contract with a probationary period may be terminated at any time before its expiration at the request of the employer or employee. However, there must be a written warning about this three days in advance.
In the event that the test period has expired, and the employee continues to work, it is considered that he passed it satisfactorily.
Thus, by law, the employer is obliged, no later than three days before the end of the probationary period, to issue a written notice of dismissal to the employee due to unsatisfactory results of the probationary period. It must contain specific violations, confirmed by relevant documents (acts, orders, explanatory notes, etc.). Otherwise, if the employer does not have written evidence, the employee can appeal the wrongful dismissal within a month and be reinstated at the workplace.
Payment of all due amounts due to the employee must be made on the day of his dismissal.
These are the legal aspects of probation.
The psychological side of probation.
Irina came to work as a manager in a trading company. The office was quite large, there were quite a lot of people. The girl could not remember everyone by name, she was confused and mistaken several times, receiving disapproving glances from her colleagues.
In an attempt to patch things up, she decided to befriend Oksana, one of the old-timers. The girl ran with her to the “smoking room”, sat next to her during the lunch break, literally caught her every word.
After some time, the management started a corporate party on the occasion of the company's anniversary. It turned out that Irina went overboard a little. Oksana's friends began to discuss the management of the company and simply gossip. Irina, succumbing to a provocation, said a few unflattering words about the chief accountant. To her misfortune, one of the girls conveyed her statement to the addressee. The next day, Irina was called by her boss and offered to terminate the contract due to inconsistency with her position. Since it was on probation, the girl was fired three days later.
1. First, be sure to greet new colleagues every day. Often a beginner wants to become as inconspicuous as possible, this is a mistake. It is always a pleasure to deal with a polite, positive person.
What conclusions can be drawn from this story?
During the trial period great attention should be given to joining the team.
The first time in a new place is a period of adaptation. It often depends on you how quickly you join the team and become "one of your own".
What can you pay attention to?
1. First, be sure to greet new colleagues every day. Often a beginner wants to become as inconspicuous as possible, this is a mistake. It's always nice to talk to a polite, positive person.
2. Try to remember the names and habits of new colleagues. Any person is pleased to be called by name. Feel free to get to know each other and always respond to friendly colleagues who approach first.
You can use notebook. Make a kind of “dossier” for each: full name, date of birth, workplace, position, habits, character traits.
3. Try to be friendly and kind with everyone. It happens that the office team is divided into groups. At the beginning of work, you should not adjoin one of them. Do not succumb to provocations from ill-wishers (there are some). Also, at first, it is better not to be frank about yourself. Do not collect gossip about others.
4. It is worth turning to the "old-timers" for help. Surely, in any company there are a couple of people who will gladly take on the role of "mentor". You can turn to them for advice and help, ask, consult.
5. Pay attention to the dress code in this organization. Even if it is not officially established, it is possible that employees adhere to a certain style. Try to get as close as possible to him, so as not to be a "black sheep".
6. Feel free to ask your direct superiors questions. It is worth clarifying your immediate official duties so as not to become an "errand boy". If you are being used “for other purposes”, it is better to immediately put everything in its place: you have a certain range of duties and you try to fulfill them. But this should be done as tactfully as possible, so as not to make enemies. Prioritize if you have several tasks at the same time: what should be done first and what can be postponed. Turn on common sense.
7. Make a work plan for the day, for the week, write it down so you don't miss or forget anything. Try to complete all tasks assigned to you on time. However, it is not necessary at first to give all the best, to work for wear. If at the end of the trial period you suddenly cool down and reduce the quality of work, this may be an unpleasant surprise for your management and colleagues.
8. Do not be afraid of mistakes, admit your guilt, if any. You are just starting to work, so it's okay if you do something wrong. Admit your mistakes and suggest ways to correct them. The one who does not work is not mistaken.
Remember that the probationary period also has its advantages: perhaps you yourself will understand that this place of work is not suitable for you, and you can terminate the contract by notifying the employer three days in advance.
And further. The end of a test is not a reason to calm down and stop working. If you want to achieve something, then you should consider all the time of work as one big trial period. And let your labor activity brings only positive emotions, as on the day when you heard: “Congratulations, you are accepted!”
Tips for preparing for exams.
First, prepare a place for classes: remove unnecessary things from the table, conveniently arrange the necessary textbooks, manuals, notebooks, paper, pencils, etc.
You can introduce yellow and purple colors because they increase intellectual activity. For this, any picture in these colors or a print is enough.
Make a lesson plan. To begin with, determine: who you are - "owl" or "lark", and depending on this, make the most of the morning or evening hours. When making a plan for each day of preparation, it is necessary to clearly define what exactly will be studied today. Not in general: "I'll work out a little", but which sections and topics.
Start with the most difficult, with the section that you know the least. But if it’s hard for you to “swing”, you can start with the material that interests and pleases you the most. Perhaps you will gradually enter the working rhythm, and things will go.
Alternate classes and rest, say, 40 minutes of classes, then 10 minutes - a break. You can wash the dishes at this time, water the flowers, do exercises, take a shower.
No need to strive to read and memorize the entire textbook. It is useful to structure the material by drawing up plans, diagrams, preferably on paper. Outlines are also useful because they are easy to use for brief repetition of material.
When preparing for exams, never think that you will not cope with the task, but on the contrary, mentally paint yourself a picture of triumph.
Leave one day before the exam to repeat all the answer plans again, dwell on the most difficult questions once again.
On the eve of the exam
Many people think that in order to fully prepare for the exam, only one, the last night before it, is missing. It is not right. You are already tired, and there is no need to overwork yourself. On the contrary, stop preparing in the evening, take a shower, take a walk. Sleep as well as possible to get up rested, with a sense of your health, strength, "combat" mood. After all, the exam is a kind of struggle in which you need to prove yourself, show your abilities and abilities.
Probation on labor code not established for people who have received their position through competition, for pregnant women, for people who are under eighteen years old, for people who have just graduated educational institution and for the first time they enter a job in their specialty, for persons who receive a position in the process of transfer between employers.
And what are the rules? Before setting a trial period, you should carefully consider the pros and cons, if you still decide on a trial period, then the main thing to remember here is that firing a new employee is not very easy. Also, you should know what to expect from the probationary period, so that such a check is established only by agreement of both parties and the provision on the probationary period must be included in the employment contract, because if you lose sight of this, we can assume that the employee has been accepted for work without such verification.
The maximum probationary period is three months, and for the heads of branches and organizations, chief accountants and deputies, the probationary period is extended to six months. Also, there are a number of persons who should not be given a probationary period at all, these include: persons under the age of majority, pregnant girls, young professionals and employees who get a job as a transfer.
To the end of verification approach professional quality the employee may be dissatisfied, and the organization may terminate the employment contract, but at the same time, it must warn the employee in writing with clearly stated reasons that served as the basis for not hiring. Also, the termination of the employment contract for this reason occurs without taking into account the opinion of the trade union and without paying severance pay. In the event that an employee comes to the conclusion that for some reason he is not satisfied with the work, he can terminate the contract, but at the same time he must also notify the employer three days before.
What to Expect During the Trial Period ignoring or freely interpreting the prescriptions of legal norms and laws? The main mistake is the conclusion of a fixed-term employment contract. In this case, the position of the employer is immediately clear, because if you don’t like the employee, you can quickly leave him, and the probationary period will cease to have any meaning. But, as you know, a fixed-term employment contract is concluded only in cases provided for by law, because it is forbidden to conclude a fixed-term employment contract in order to evade the provision of guarantees and rights that are provided for employees for a certain period.
If, after the probationary period, the employee decides to go to court with a complaint about the unlawfulness of the employer's actions, the contract can be recognized as concluded for an exactly indefinite amount of time and the probationary period will be extended. Also, it is considered a gross mistake not to include the text about the probationary period in the employment contract. In this case, the court recognizes the probationary period as invalid.
Disadvantages of probation can be considered an understatement. wages and this condition is stipulated in the text of the employment contract. During the probationary period, the employee is fully subject to all provisions federal laws and other regulatory legal acts, collective agreements, local acts, etc. The law says that for the period of the probationary period, the salary of the employee should not have any specifics, and it turns out that the return of the underpaid amounts in direct judicial order the employee can quite simply, but for the employer it is just an unnecessary headache.
Many errors arise from misreading the guidelines and rules, which are quite clearly written in labor law. Therefore, there are many cases when the probationary period is passed by persons who are exempted by law from this test or the probationary period has been exceeded. But it is worthwhile to understand that the labor inspector will not disregard these errors.
A common mistake is not observing the form and deadline for warning the employee about the termination of the employment contract with him. It is worth remembering that if the employer recognizes the test results as unsatisfactory, then he must warn the employee in writing three days before dismissal. If this does not happen, the employee remains with your organization.
Also, you need to know what to expect from probation in case of unsatisfactory results of the employee and incorrect formulation of the reason for his dismissal. Many employers, when writing unsatisfactory results of employees, allow an incorrect, unreasoned and legally untenable form of presentation. This is due to the lack of evidence base, which is so necessary for confirmation. In this case, it should be remembered that the attitude of the court to such rather dubious formulations is critical.
In many situations, the employer cannot confirm the full legitimacy of his actions when dismissing an employee. Here it should be perfectly remembered that the only grounds in such situations can be a reference to some improper professional qualities.
