In the labor market, a term such as a probationary period is increasingly found. The legislation states: the test has a maximum period of three months for ordinary employees, for employees, as well as chief accountants, deputies and heads of organizations, heads of branches and representative offices, for six months. If the labor contract is concluded for a period of two to six months, then the test time should not exceed a two-week period.
Many employers naively believe that dismissal on probation gives them some freedom with respect to the employee. But this is actually a fallacy.
The trial period is not mandatory, therefore, the condition for passing must be agreed with the employee and included in writing in the collective or labor contract. A potential employee must be at least warned before signing a labor agreement on the availability of a probationary period.
Legislation limits potential employees who are protected by the state from the probationary period. These include:
- persons who have passed the competition for an elected position;
- pregnant women and women with children under the age of one and a half years;
- citizens under the age of majority;
- Young professionals;
- persons exercising powers for positions with a competitive basis;
- employees who came through the transfer;
- employees with urgent labor agreements for up to two months.
If a citizen, who is one of the abovementioned persons, gives his consent and is fired on probation, the employee will be reinstated due to the insufficient legal basis for terminating labor relations.
During the probationary period, the employee is endowed with the same rights as regular employees. As a result of this, non-payment of wages and sickness benefits in full, deprivation of bonuses are a violation of labor law.
After the trial period, there are only two possible scenarios: either the employment relationship will continue, or the employee will be paid the full settlement.
In the case when the employee continues his labor activity at the previous workplace, dismissal as an unexpired probationary period will be unlawful. The employer has no right to do so.
Dismissal on probation is legal until the day it expires. The employer must notify the employee in writing before the end of the period for three calendar days. There is some debate regarding the calculation of deadlines, because the legislation does not give a clear definition of this definition.
The absence of an employee for valid reasons prolongs his probationary period. Because only the time actually worked is included in the test period. Employers quite often apply dismissal on a trial period to employees precisely because of a long absence, even if absenteeism is justified by documents.
Before starting work, you should ask for a clear explanation of your job responsibilities, if possible, read the job description and familiarize yourself with the collective agreement.
All difficulties arising at the workplace, the place is better to fix in writing and submit to the head, so that, if necessary, was a confirmation of your competence. Provide evidence in cases of disputed termination of labor relations, especially if the person dismisses the employee on a trial period, the head of the organization is obliged, but in order to protect against illegal actions, the employee is preferable to have his own certificates.
Dismissal during a probationary period will also be unlawful if it is carried out during the absence of the employee during vacation or illness. Such a decision is subject to appeal in court.
The employee is given the right to quit on their own during the test. At the same time, he must inform the employer about this no later than three days before the termination of the employment relationship. An employer cannot retain such an employee.