When hiring, the employer has the right to establish a probationary period for a citizen. It is necessary to verify the suitability of the person to work. Art. 70, 71 of the Labor Code of the Russian Federation establish the rules for establishing a trial period, as well as the rights of the parties to this period. Consider their features.
Art. 70 Labor Code of the Russian Federation
The probationary period may be established by agreement of the parties when concluding an employment contract. In the absence of an appropriate condition in the contract, it is considered that the citizen was accepted without verification.
If a person is actually admitted to professional activity without concluding a contract, a probationary period clause may be included in it if the employer and the applicant have drawn up a separate agreement providing for verification before starting work.
During the test, according to Art. 70 of the Labor Code of the Russian Federation, the provisions of legislative and other legal documents governing labor relations, local acts, collective agreements and other industry agreements apply to an employee.
Exceptions
They are established by part 4 of Art. 70 Labor Code of the Russian Federation . Aptitude test is not carried out for:
- Citizens selected to fill a position in a competition organized and held in the manner prescribed by labor law and other legal acts governing the world of work.
- Women with dependent children up to 1.5 liters, as well as pregnant.
- Citizens under 18 years.
- Persons with secondary vocational education or a higher education institution according to the educational programs accredited in accordance with the established procedure and entering the work for the first time in the acquired profession / specialty within a year from the date of receiving the education.
- Citizens elected to an elective post for paid work.
- Entities invited to the enterprise as part of a transfer from another enterprise in agreement with the new employer.
- Citizens contracted for less than 2 months
This list is not exhaustive. In h. 4 Article 70 of the Labor Code of the Russian Federation stipulates that the Code, other federal laws, as well as the collective agreement may contain lists of other persons for whom the test is not established.
Duration
According to part 5 of art. 70 TC RF, the trial period can not last more than three months, and Ch. accountants, managers (including separate divisions), deputies of these persons - 6 months.
If the contract is concluded for a period of 2-6 months, the duration of the inspection cannot be more than two weeks.
The trial period does not include days of temporary disability and other time during which the citizen was actually absent from the workplace.
Art. 70 of the Labor Code of the Russian Federation with comments
The test agreement is considered one of the additional terms of the contract. As indicated in Part 1 of Art. 70 of the Labor Code of the Russian Federation , the purpose of the probationary period is to verify the suitability of the applicant.
As a rule, during this period the employee’s diligence is evaluated. It is also important that the employee observes discipline, the timeliness of the implementation of tasks.
In Art. 70 of the Labor Code of the Russian Federation, special attention is paid to the execution of the probationary period. Since its establishment is considered an additional condition, it must be included in the employment contract. This means that the tenant cannot set a test period if the corresponding clause is not in the contract. In this case, as indicated in Art. 70 of the Labor Code of the Russian Federation , a citizen is recognized as accepted at the enterprise without trial.
Meanwhile, the norm established some exceptions. First of all, they relate to the design of the test for persons actually admitted to the performance of professional duties without concluding a contract. When it is subsequently executed, in such a case, the test condition may be included in it if the employer and the employee agreed on the relevant condition before starting work. However, such an arrangement should be documented.
Rights and obligations during the test
At the time of checking for an employee, in accordance with Art. 70 of the Labor Code of the Russian Federation , all labor standards apply. It is worth saying that at one time some tenants practiced non-payment of earnings to citizens on a trial period or payment of less than what is supposed to be. Such actions should be regarded as unlawful.
An employee on a trial period can expect to receive salaries, disability benefits and other payments established by law. Moreover, he acquires a number of responsibilities. In particular, he must comply with the rules established by the enterprise, perform labor functions efficiently and on time, etc.
The tenant, in turn, has the right to demand that the candidate observe discipline and other obligations fixed by law. The employer is also obligated to pay the amounts due to the employee, including benefits, salaries.
Dismissal
The employer has the right to terminate the employment relationship on his own initiative in compliance with the conditions established by the Labor Code.
So, for example, if during the test period the number of employees is reduced and the subject is to be dismissed, the contract must be terminated according to the rules stipulated for such cases in accordance with Articles 180, 178 and 81.
The nuances of the norm
Article 70 provides a list of persons to whom the trial period does not apply. If a condition has been provided for an entity included in this list, it cannot be applied, even if the citizen does not mind it.
These rules are based on the requirements of Article 9 of the Code. According to this norm, collective agreements, contracts cannot include conditions that worsen the situation, restrict the rights, guarantees of employees or the liability of the employer, in comparison with the conditions stipulated by law and other regulatory documents governing labor relations.
Specificity of establishing the duration of the test
The deadlines are determined by 5 part 70 of the article. As a general rule, the duration of the audit should not be more than 3 months. This rule applies to ordinary employees.
A longer trial period can be set only for certain categories of workers. This rule is well founded. Managers, chief accountants, as well as their deputies bear increased responsibility. These persons are subject to more stringent requirements. Federal laws may establish a shorter test duration for these categories of workers.
Important point
In accordance with the law, representative offices and branches are considered separate divisions . Their signs are enshrined in article 55 of the Civil Code. Accordingly, the duration of the test is up to 6 months. may be established by managers, chap. accountants and deputies of these employees only the relevant unit.
This means, in particular, that the specified duration of the audit cannot be foreseen for the heads of shops, departments, sectors, or other similar structural units, regardless of their level of isolation.
Test result
It is mentioned in article 71 of the Labor Code.
The norm states that in case of an unsatisfactory result of the probationary period, the employer has the right to terminate the contract, not taking into account the opinion of the trade union and not paying the severance pay to the subject. As a rule, such situations occur when a citizen fails to fulfill his duties.
If the test period has expired, and the subject continues to work, then he is recognized as having passed the test. Accordingly, the subsequent termination of the contract is carried out on a common basis.
During the test, the employee may conclude that the job that was offered does not suit him. In this situation, he may, on his own initiative, terminate the contract. 71 article, however, establishes a prerequisite for the employee. He is obliged to notify the employer of his decision 3 days before dismissal.
If the employee decides to terminate the contract after the end of the test, the procedure is carried out according to general rules, since in this case he will be considered a full-time employee.