Job search, as well as recruitment, is a laborious process. Even if the professional qualities of the candidate meet the requirements of the vacancy, and the proposed job is fully suitable for this specialist, there is no guarantee that the cooperation will be successful and long.
What period can be set?
Employment for a trial period allows you to identify opportunities for further cooperation. According to the Labor Code of the Russian Federation (Article 70), this period may be different in different cases. The options are as follows:
- no more than 2 weeks;
- a trial period of 3 months (or less);
- up to six months;
- up to one year.
Moreover, the smallest duration is provided when an urgent labor contract is concluded (up to six months). In addition, this applies to seasonal workers. A trial period of 2 weeks may be established for them, but no more.
However, usually it still lasts longer. In most cases, a trial period lasts up to 3 months. The Labor Code of the Russian Federation indicates that it may end by agreement of the parties either earlier, but not later. A period of 6 months may be established, for example, by the head of the company, its representative office, branch, chief accountant, as well as their deputies.
In what cases is hiring for a trial period for the longest time possible? For example, when an employee enters the civil service. How long is the trial period in this case? Up to one year. However, if an employee is transferred to a new place from one state body to another, then the maximum time is six months.
Categories of workers for whom a trial period cannot be set
The rules listed above do not apply to all potential employees. There are categories of workers for which it is impossible to establish a probationary period (the Labor Code of the Russian Federation indicates relevant cases). These are pregnant women, candidates under 18 years old, employees with whom the contract is concluded for 2 months or less. Another case is if the candidate for the job entered the competition. In addition, this category includes former students who have received higher, secondary or primary education and who for the first time take up positions in their specialty. Also, hiring for a trial period is impossible for people with disabilities who were assigned to this position based on the results of a medical examination. Another category is specialists who were invited to this place in the order of transfer to another employer. The last two cases are if the candidate is elected to an elected post, and also if he is dismissed from the service (alternative, military).
Why do I need a trial period?
Employment for a probationary period upon assuming the position is introduced not only for the future employee, but also for the employer. Both sides in this period have the opportunity to look at each other and understand whether to continue cooperation. During the test, the employer assesses the business qualities, abilities of the employee, his sociability, the ability to carry out assignments in a high-quality manner, his compliance with the position held, his compliance with the rules established by the company, as well as discipline. During this period, the employee makes a conclusion about the company, about his position, salary, responsibilities, leadership and team.
How is work paid during the probationary period?
An employee who is at the test stage is fully entitled to labor law . Therefore, if the company stipulated in the contract that this period would not be paid, this is a clear violation of Russian law. In addition, many employers today deliberately set a lower salary for the subject, promising then to increase it. On this occasion, we can say the following.
Firstly, an employee who is at the test stage cannot be limited in pay. His rate should be no less than that provided for this position in the staff list. Secondly, a company that reduces the salary for the duration of the probationary period falls under an article such as discrimination. In the staffing of a company, for example, there are two procurement manager rates. The first is occupied by an old employee, and the second was invited by a new person with a probationary period. In this case, from the first day of work, a novice must have no less salary than a worker who has several years in the same position as an employee.
The legal way to establish a lower salary for the duration of the probationary period
Nevertheless, employees during the probationary period set a lower salary for almost all companies. This can be done quite legally by changing, for example, the salary of employees for a new recruitment position. However, it should be remembered that its size should not be lower than the minimum wage.
A specialist who is on a trial period may be paid a bonus, as well as other incentive payments, which are prescribed in the regulation on remuneration and bonuses. The employer is also obligated to pay subjects overtime hours, a disability certificate, going to work on holidays and weekends.
Registration of a trial period
Mandatory registration is subject to a trial period. An employee must enter into an employment contract, and an order to hire an employee to work is issued on the basis of it. These documents indicate the length of the test period. The entry “accepted for a probationary period” is not entered in the work book; it only notes that the employee has been hired.
Trial extension
It is not forbidden to increase it, however, only if the duration of the trial period does not exceed the norms established by law. For example, if initially it is 1 month, and after this period the employer still has doubts about the candidate's position, the trial period can be extended to 3 or up to 6 months, if it is a vacancy of the branch manager, chief accountant.
Without the consent of the employee, it is impossible to increase its duration. Therefore, the employer must argue the decision to extend the probationary period.
The need for a written record of the facts of violation of labor discipline by an employee
Untimely execution of tasks by an employee, his mistakes, violation of labor discipline should be documented, and if there are official notes of managers, then you need to attach them. Facts so attested should be passed on to the staff member for review. To confirm, he must put his signature. If the employee agrees with the shortcomings in the work, then an additional agreement is made to the employment contract, and the probationary period is increased. If the employee believes that the claims against him are unfounded and does not give his consent for an additional period, dismissal is allowed, which should be based on written irrefutable evidence.
Rights and obligations that an employee has during a probationary period
They are no different from those of other employees working in this company. A specialist registered for a trial period has the following rights:
- receive salaries, bonuses, salary increases for overtime work, as well as other incentive payments;
- take sick leave, on the basis of which to receive insurance payments during the period of incapacity for work;
- quit at any time on their own initiative (it is not necessary to wait until the end of the trial period);
- take a weekend at your own expense or for future vacations; however, the employer in this case may refuse to leave legally, if this does not contradict the Labor Code of the Russian Federation, article 128: for example, if an employee had a child, then he should be given time off without pay for up to five days.
The duties of the employee are as follows:
- comply with internal regulations, fire and labor discipline;
- comply with the terms of the contract;
- perform work duties in accordance with the job description.
Dismissal of an employee who has not passed the test period
First of all, a written notice should be prepared in advance for the employee in which they need to indicate the reasons why further cooperation is impossible. They must be documented. This can be an act of disciplinary sanction, employee’s non-fulfillment of labor duties, written complaints from clients interacting with a specialist, or, for example, a protocol of a commission meeting in which the result of the probationary period was determined, etc. The notice also indicates the date of the planned dismissal and drawing up a document. It is made in duplicate (for the employee and for the employer).
The next step is to hand this notice to the employee no later than three days (preferably 4 days) before the end of the probationary period or the date of his planned dismissal (if the decision to terminate the contract was made much earlier than the end of the probationary period). Note that if you do not do this on time, the employee will automatically be considered tested.
The next step is to introduce employees to the notice and list it with the date. If those who have not passed the probationary period refuse to sign, the employer draws up a special act. It must be signed by at least 2 witnesses.
Next, a dismissal order is issued. An entry is made in the work book corresponding to his article.
The next step - the employee on the day of dismissal receives a salary for the days that he worked, a work book and compensation for unused vacation in case of his availability.
Contract termination by employee decision
If the specialist decides to terminate the contract before the end of the trial period, the employer should be warned about this. He must write a letter of resignation, indicating the reason "on his own initiative", and then the contract is terminated under this article. If employees who have already passed the probationary period are obliged to notify their employer of their desire to quit in two weeks, then the employee undergoing the test must notify him in only three days.
Cases in which dismissal is not possible
It should be noted that the dismissal of employees who have not passed the probationary period is equivalent to their dismissal precisely at the initiative of the employer. Therefore, it is necessary to familiarize yourself with the Labor Code of the Russian Federation before dismissing a specialist undergoing a probationary period (Article 81). For example, an employer has no right to dismiss a woman who is pregnant or raising a child under 3 years old. If an employee is temporarily incapacitated or on vacation, it is also prohibited to remove him from office.
Who benefits from a trial period?
It is beneficial to both the employer and the employee. Thanks to the trial period, the company can make sure that the candidate is professional, or start looking for another specialist. And the employee, in turn, will be satisfied with his new place or will begin to look for another. Thus, neither the company nor the specialist will lose extra time searching for another candidate or a new job.