Probationary employment is a common practice that creates comfortable conditions for evaluating an applicant's abilities. The employee, in turn, has the opportunity to inspect a new place and to understand whether the position in this company is suitable for him. The test period is characterized by a simplified dismissal procedure, without unnecessary formalities and lengthy working out. At the same time, the rights of a new employee are protected by law to the same extent as when working on an ongoing basis.
Why is a trial period introduced?
Employees are hired based on his resume and a successful interview. Nevertheless, the quality of his work cannot be judged with exclusively provided information. A new employee may not be able to fulfill their responsibilities. To test the competence of employees, TC (Russia) provides for the existence of a trial period - a period during which superiors can evaluate the employee's skills, and he - decide whether to stay in a new place.
This stage is optional and is established only with the consent of both parties. To introduce a trial period, you must include the relevant clause in the employment contract. The rights and obligations of the employee during the test period are also indicated there. Dismissal during the probationary period takes place according to a simplified procedure, regardless of which party was the initiator of the termination of the employment agreement.
How long does the verification phase take?
The length of the trial period is determined by employers. According to the Labor Code, the trial period can last no more than three months. A longer period is provided for candidates for those positions that require a high level of qualification - senior staff. It can reach six months.
According to the Labor Code (Russia), a trial period is not introduced for the following persons:
- minors;
- pregnant women;
- mothers with children under one and a half years old;
- graduates of higher educational institutions who, for the first time, wish to obtain a position in their specialty no later than one year after acquiring the appropriate degree;
- employees whose working life does not exceed two months;
- professionals who are transferred from one post to another within the enterprise or to another workplace by agreement of employers.
The duration of the test phase cannot be increased. If the labor agreement is concluded for a short period (from two months to six), the verification period may not exceed 2 weeks.
Unregistered workers
Often companies accept employees without formalization. In such cases, the contract is not drawn up, and the corresponding record is not left in the work book. State bodies are not notified about the activities of such a person, and therefore, during his work, the authorities are not obliged to comply with formal rules and draw up paperwork. In these cases, work on a trial period is not used; dismissal occurs according to a simplified procedure - without formal justification and mandatory completion.
If the parties decide to sign an employment contract after the person has begun to fulfill duties in his post, a probationary period cannot be set.
Holidays and sick leave
Employees during the inspection period have the same rights as other employees. So they can take sick leave. The dismissal of an employee on a trial period during illness is prohibited by the laws of the Russian Federation, therefore the employer can terminate the employment contract only upon the person’s return. If the trial period ends during the absence of a newcomer to the workplace, this does not deprive the authorities of the right to dismiss him.
The employer can extend the test period only at the expense of days during which the employee was not present at the workplace. This rule is not mandatory and is valid only if the head wishes.
During the trial period, workers also have the opportunity to take leave. However, employees can take full-time vacations only after six months of work. Therefore, during the test period, they have the right to take on vacation only a few days, which would be proportional to the hours worked.
Dismissal on the initiative of an employee on a trial period
During the test period, the employee can evaluate the new place and see if the proposed position is suitable for him. The duration of the test phase is enough to make sure that the person copes with the duties assigned to him, whether he is satisfied with the schedule, team or working conditions. If a person decides to terminate the contract, he can do it at any time before the end of the test period.
Dismissal on the initiative of an employee on a trial period is made on the basis of an application made by him. The document must be given to the administration three days before the termination of the employment agreement. An employee is not required to motivate his dismissal.
Paperwork
For voluntary care, you must submit a letter of resignation. In this case, the trial period does not have to come to an end. The document is compiled in any form. When filling out the application, it is necessary to indicate the name of the employer, the employee leaving, the date of writing and presumptive leaving (not earlier than three days after the paper is submitted). There can be any reason for dismissal - reluctance to continue working in this company is already considered a good reason for leaving.
Dismissal at the request of the employer
The employer has the right to terminate the contract if he is dissatisfied with the new employee. This can be done both during the test period, and at the end of it. Dismissal during the probationary period must be justified by good reasons, confirmed by evidence that the employee is not able to cope with his duties. If the employee does not agree with the decision of the employer, he can appeal against the dismissal order in court and be reinstated in his position. If a person does not want to return to the workplace, he has the right to demand in court a change in the reason for dismissal, as this may adversely affect his further employment. To avoid this outcome, employers often offer to write a statement supposedly at their own request.
Reasons for terminating the contract
If the dismissal at the initiative of the employee on a trial period, as already indicated, does not require convincing justification, then the termination of the employment contract at the request of the employer is motivated by a specific reason. Significant reasons may serve:
- one or more absenteeism;
- non-compliance with the rules that should be known to the employee are indicated in the legislation or corporate standards;
- evasion of duties after the received disciplinary punishment, etc.
The grounds for dismissal during the test period coincide with those that apply to ordinary employees. The employer is obliged to declare his intentions three days before the termination of the labor agreement or before the date when the trial period ends (according to the contract and the Labor Code of the Russian Federation). Dismissal may be justified by any of the above reasons. A wider list can be found in Russian legislation.
Procedure for termination of the contract at the verification stage
Termination of the employment agreement on the initiative of the employer requires careful documentation. First you need to formulate the reasons for dismissal and check whether they are solid, according to the legislation of the Russian Federation.
In order to confirm the facts of poor performance by the employee of his duties, you need to find evidence of his negligence or violations. This can be confirmed by colleagues, clients who are not satisfied with his work, reports and explanatory notes regarding absenteeism.
The rationale for terminating the employment agreement must be indicated in the notice and registered in the journal. Then the document is handed over to the employee three days before the dismissal or the end of the probationary period. Upon the date specified in the notification, the employer must sign the corresponding order, register it in the journal and receive the signature of the employee.
Calculation of severance
After placing the order, the employer must pay the person the full amount. Dismissal on the initiative of an employee on a trial period also requires the transfer of these funds. The payments that the employee receives in this case are equal to those that are transferred to the employees on an ongoing basis. This amount includes:
- wage;
- sick leave compensation;
- compensation for unused rest.
Each employee is entitled to 28 days of vacation per year. However, dismissal during the probationary period occurs before the employee is entitled to a full rest. In this case, compensation is calculated in proportion to the period of its operation. If the company provides for more days to rest, they are taken into account in calculating compensation. For one unused day of vacation, a former employee receives an amount equal to his daily salary. The calculation takes place according to the following formula:
- 28 (days for a full vacation): 12 (year) * N (months worked).
For example, if an employee worked for 3 months, after which he decided to quit, he is entitled to compensation for 7 days of unused vacation (28: 12 * 3).
Working out
Upon termination of the contract, the ordinary employee must fulfill his duties for two weeks, if required by the employer. During this time, he can find another person for the vacant post. The duration of additional work is different if dismissal occurs on a trial period. In this case, the training lasts 3 days.
This principle applies when an employment contract is terminated during the test period. If the termination of the contract at the initiative of the authorities or the employee occurs at the end of the trial period, working out is optional.
A person may refuse additional days in cases where he:
- is a disabled person, a pregnant woman, a pensioner, a mother of three children or a baby up to 14 years old;
- has a disease that interferes with the performance of official duties;
- caring for a disabled person or a sick family member;
- was enrolled in inpatient education;
- retires, etc.
If a person does not declare a desire to quit at the end of the probationary period and the next day he goes to work, he automatically becomes an employee on an ongoing basis. In such cases, the termination of the contract occurs according to general rules, with a two-week working off period.
Employment history
This is the last step in the termination of the contract, which occurs after the issuance of the order and the employee receives the necessary payments. Dismissal during the probationary period ends with a corresponding entry in the work book. It must include the reason for the dismissal. If this happens on the initiative of the employer, then “justified test result” is indicated as justification. If the employee has decided to leave the organization, then the reason you can specify your own desire. A photocopy of the work book should remain with the company in which the employee worked.