A fixed-term employment contract may only be used if there is good reason. For example, if an employee has to perform only one-time or seasonal work. In this case, often employers apply a probationary period under a fixed-term employment contract. Its main purpose is to identify the abilities and skills available to the employee. Based on the results obtained, it is determined whether a citizen can further cope with his duties on the basis of an employment agreement.
Can I use the test?
The probationary period when concluding a fixed-term employment contract is used by many employers. Such an agreement may be concluded for several months or years. The maximum validity period is 5 years. There is no information in the legislation on the minimum term of the contract, therefore it is allowed to draw it up even for one day.
An employment relationship is terminated after the expiration of the period specified in the text of the contract. Early termination of the agreement is allowed if the employee copes with the task.
Based on the provisions of the Labor Code, it is allowed to establish a probationary period under a fixed-term employment contract. This condition under Art. 70 TC must be agreed directly with the applicant for the position. If the potential employee does not agree with the test, then the employment contract is not concluded.
Test purpose
Every citizen who wants to get a job must find out if there is a probationary period in a fixed-term employment contract. With this test, the employer can achieve several goals at once. These include:
- the skills, abilities, and abilities that a potential employee of the enterprise have are tested;
- the director can make sure that the citizen corresponds to the given position;
- quite often, following the results of such an inspection, a specialist is hired for a perpetual agreement rather than a fixed-term contract.
Even for the employee himself, having a test has some advantages. During this time, he can determine in what conditions he will have to work, as well as what responsibilities are assigned to him by the head of the enterprise. Often, by the end of the test, it is the employee who makes the decision to terminate further cooperation, since this place of work does not meet his requirements and expectations.
How long does it last?
Acceptance under a fixed-term employment contract for a trial period is a legal process on the part of the head of the company. It is important to correctly determine the duration of the test. Since the direct labor agreement is drawn up for a limited period of time, the duration of the test should not be significant.
When choosing the duration of the test, it is taken into account for how long and with whom exactly an urgent labor contract is drawn up. A probationary period of 3 months is most often offered to employees who apply for a job for a year or a longer period of time.
If a person will work in the company for only two months, then for him the maximum test may last two weeks. For various reasons, it is not allowed to extend the test period, but periods from which the specialist could not cope with his labor duties for various reasons, for example, was on sick leave, are excluded from this period.
For whom is the test set for six months?
The probationary period for a fixed-term employment contract may not exceed 3 months. But there are some employees for whom it is allowed to set this period for 6 months. These include the following specialists:
- chief accountant of the enterprise;
- heads of various departments of the company;
- Specialist acting as deputy director or chief accountant;
- heads of branches or divisions of a company.
For people who plan to work as public servants, the probationary period can be set up to one year.
When is it impossible to use the test?
There are some categories of workers for which it is not possible to establish a test. These include the following citizens:
- people selected to fill an existing vacancy with a competition;
- minor employees;
- people who have just completed their studies, so they get a job for the first time;
- employees invited from another company;
- specialists who got a job after the election for a competitive position;
- specialists with whom a contract is concluded for two years;
- pregnant women or workers with children under three years old.
In addition, each company may establish its own requirements, which are prescribed in the collective labor contract. According to the Labor Code of the Russian Federation, a fixed-term contract and a probationary period are legal procedures, but they cannot be used absolutely for all employees of the enterprise.
Rules for registration
If you plan to use a trial period for a fixed-term contract, the director of the company must figure out how to properly draw up the mandatory documentation for these purposes. Particular attention is paid to the formation of an employment contract. It certainly includes the following data:
- information about the employee who is accepted into the company;
- information about the company where the citizen is employed;
- reasons why a fixed-term contract is drawn up;
- requirements for the employee;
- duration of the trial period;
- position held by a citizen;
- the organization of work and leisure in the company;
- social insurance conditions.
If a contract is concluded for a period of 5 years, then in the future it may become unlimited. It is indicated that a fixed-term employment contract is being formed. For the duration of the probationary period, it is allowed to establish a lower salary in comparison with the earnings that will be received by the citizen after passing the test.
The contract is made in duplicate, as it must be available to each participant in the employment relationship.
Trial Results
The main purpose of the test is to test the skills and abilities of the employee. The director of the company will be able to make sure that the specialist really corresponds to the chosen position. The features of determining the test result include:
- if after the end of the specified period the citizen continues to fulfill his job duties, this means that he has completed the check;
- if for various reasons the employer is dissatisfied with how a citizen manages his duties, he notifies him that the test has not been passed, so further cooperation is terminated;
- the notice shall certainly indicate the reasons why the test is considered not passed;
- this document is handed over to the employee three days before dismissal;
- if the employee does not agree with the reasons for the termination of cooperation, then he can appeal the decision of the management, for which he can file a complaint with the director of the company or even file a complaint with the labor inspectorate;
- on the basis of an official application, labor inspectors will verify the validity of the dismissal, as well as examine the professional and business qualities of the applicant.
Many companies use a fixed-term employment contract with a probationary period. A sample notice that the employee was unable to cope with the test can be examined below.
Can the test be extended?
If a fixed-term labor contract is concluded for a year, the probationary period may not exceed 3 months. It is allowed to use the term for six months only for employees holding senior positions.
Under certain conditions, the director of the company may decide on the need to extend the test for any employee. Usually this is due to the fact that for a short period of time it was not possible to understand exactly what abilities and skills a specialist possesses.
On a trial, a lower salary is usually set compared to the earnings that people receive after a trial period. Therefore, such an extension is often illegal. Especially provided that the person who got a job on the basis of a fixed-term contract passed the test within three months. Under such conditions, a citizen may complain to the labor inspectorate or prosecutor's office.
The consequences of failing the test
Typically, during a test, the employer requires the employee to complete numerous tasks. Based on the results of the check, you can understand whether a citizen can continue to cope with work. If for various reasons a person does not pass the test, then under Art. 71 TC, he can be dismissed at the initiative of the employer. For this, the director of the company draws up a written notice. It contains the following information:
- the reasons why the test is considered not passed;
- date of termination of employment;
- Information about the company and direct citizen.
It is necessary to transmit such a notice three days before the dismissal of a person.
In addition, the head of the company issues an order stating that the employee accepted under the fixed-term contract with the test did not pass the audit, therefore, does not correspond to the specific position. It is impossible to use this method of dismissal for a pregnant worker or women raising children under three years of age.
Consequences of violation of labor rights
There are frequent situations when unscrupulous employers specially draw up fixed-term contracts with citizens with the establishment of a long trial, usually equal to 3 months. During this period, a small amount of money is paid to citizens in the form of a salary, but the director promises that after the trial period the salary will be increased. Three months later, the employee finds out that he did not pass the test, so the employment contract will be terminated with him. As reasons come up with various excuses.
Such actions on the part of the head of the company are illegal, so a citizen can complain to the labor inspectorate or prosecutor's office. Based on such a statement, a check is carried out. If the illegal activity of a company is revealed, then it and its officials shall be held liable. A citizen is forcibly reinstated.
Conclusion
It is allowed to use a trial period even at the conclusion of a fixed-term employment contract. Its duration can be from 2 weeks to one year. The exact term is selected depending on the duration of the fixed-term contract and other parameters.
If, for various reasons, a citizen is unable to cope with the verification, then he leaves the company. If the test is passed, then the employee continues to work on the basis of the provisions of the urgent agreement.