What is a trial period, everyone who at least once got a job knows. The employer has the legal right to assess the suitability and knowledge of the future employee for a certain period of time. This period can last from two weeks to six months. The validity period of the test period must be indicated at the conclusion of the employment contract, and all details of the employee must be notified in advance. There should be no information on this in the work book.
So, what is the maximum probationary period when applying for a job?
Information in the Labor Code
In article 70 of the Labor Code of the Russian Federation, you can find all the information about the probationary period when applying for a job. This period is a period of time established by the employer in order to assess the employee's compliance with the position in which he seeks to get. The employment contract between the employer and the test employee must include information on the conditions and duration of the test.
How long a test should last for employees of organizations is determined by the Labor Code of the Russian Federation, and federal laws are defined for government employees, employees of the Ministry of Internal Affairs, the Investigative Committee and the prosecutor's office of the Russian Federation.
For employees of enterprises, the duration of this period for employment in the general manner is up to three months.
A special case is the signing of a short-term (up to six months) agreement - in this case, the test lasts no more than 14 days. If the employer needs to set a candidate for a probationary period, for example, for 3 weeks, then an agreement should be concluded for a period that will exceed six months.
Features of the conclusion of an employment contract
Most often, work with a trial period is offered on the labor market.
It is not a prerequisite for hiring an employee, but it is the legal right of the employer, allowing him to determine the willingness of the candidate for the position. If we talk about an employment contract, then everything related to information on a trial period is an additional clause of this agreement, which is done by mutual agreement of the parties.
The test is not always carried out
Usually, if the employer is fully confident in the qualifications of a new employee, then there is no question of testing. Sometimes employers purposefully lure valuable employees from other organizations. Naturally, in this case, the question of the probationary period is not raised - the employee is offered the conditions for which he decides to leave his previous workplace. But in ordinary practice, employers do not know how professional new workers are. Therefore, a trial period of 3 months is a good way out of the situation.
With all this, an employee passing this period has all the rights of a full-fledged employee of the company, is a full representative of its work team and has the right to a salary in the amount that is prescribed for this period in its employment contract. Usually, the employer offers the applicant a lower salary than is offered on a regular term. This nuance is not regulated by the Labor Code. The maximum probationary period when applying for a job often varies at one or another enterprise.
Order of registration
An employment contract must detail all the conditions for hiring an employee, including for a trial period. It is necessary to indicate the exact dates of both the beginning and the end of the test period, or its duration. It should also be noted in the order on hiring the employee that he will undergo a trial period in order to verify his compliance with the vacancy. One of the copies must be given to the employee.
It is clear that dismissing an employee on a trial period is much easier.
In what cases can not it be installed?
The test period is prohibited in some cases. This applies to certain categories of persons, such as:
- accepted for the position as a result of the competition;
- pregnant women who will soon have maternity leave;
- citizens under the age of majority;
- graduates for whom this work is the first;
- an employee who is selected at a given paid rate;
- An employee who received a position as a result of a transfer from another organization.
There are also other conditions when, according to Article 70 of the Labor Code of the Russian Federation, a trial period cannot be set. For example, this is temporary employment, when an employee is hired for a period of up to two months. Also, if the employment contract is concluded before the employee completes the apprenticeship period. The same condition applies to those who replace for a specific term employees belonging to certain categories: managers, advisers, assistants. This also applies to the rules for admitting employees to the customs service: if graduates who graduate from specialized educational institutions of federal importance or who came by competition are accepted there.
What is the probationary period for workers and representatives of other specialties?
Trial period
Typically, the test period is three months. But for senior employees, such as financial directors, chief accountants and their deputies, the probationary period can be up to six months. The test period for managers is also 6 months. If we are talking about fixed-term employment contracts concluded for a period of up to six months, then the test time should not exceed two weeks.
Minimum and maximum probationary period for employment
The minimum probationary period is a two-week period established for fixed-term employment contracts concluded for six months or less. If the usual labor agreement is concluded, then the employer himself decides what the test period will be: one, two or three months (which depends on the position occupied by the applicant).
Under article 70 of the Labor Code of the Russian Federation, the head has the right to initiate an extension of the probationary period. This issue is regulated by two documents - the labor agreement between the employer and the employee, as well as the order for admission to the post. And if the test worker during the trial period was on sick leave, took time off or undergone specialized training, then the test period can be extended.
All these conditions must be mentioned in advance in the documentation that is drawn up when applying for a job. In the case of an extension of the test period, the employer will need to issue an additional order stating the term for the extension of the test, as well as those good reasons that became the basis for such a decision.
If the applicant for the position is hired in accordance with the Labor Code on a permanent basis, then the maximum period for checking an employee may not be 3 months, but six months.
In what cases is it possible to terminate the test ahead of schedule?
The main reason for the early termination of the test period may be its successful passage. In this case, the employer must issue an order according to which the term of the test is terminated and describe in it the reasons for this action.On the part of the employee, it is possible to submit an application to resign from the organization in the event that he was not satisfied with the position for which he was employed.
Can an employer, on his own initiative, complete a labor test before completing it under the terms of a labor agreement? For example, in the event that he considers the work of a new employee to be unsatisfactory? Under the law - it can. But this step also needs to be formalized by issuing an appropriate order and notifying the employee in advance of this decision.
Probationary Employee Rights
Labor legislation strictly regulates this moment, indicating that the employee undergoing the test has exactly the same rights and obligations as all other employees of the organization. This point applies to wages, including the receipt of bonuses and all social guarantees implied by the post.
If a candidate is faced with a violation of his rights, he may appeal against the employer's actions infringing on his interests in court. This also applies to the early termination of the employment agreement.
The employee being tested is entitled to take sick leave, and he, as for other employees, must be calculated based on his average daily earnings. However, for the duration of the sick leave, the test period will not be counted, it will resume when the employee leaves the place of work. If the person decided to stop cooperation with the organization, the employer will be required to pay for his sick leave.
What determines the size of the employee’s salary during the trial period?
Since the tested employee is protected by the Labor Code, his rights should not be less than that of all other workers in this organization. And his salary is determined in accordance with the staffing of the organization. However, employers often circumvent this point by introducing into the schedule a smaller salary, which is supposed to be “assistants” or “assistants” of different posts. The size of this salary should not be less than the minimum wage.
Among other things, a new employee should be paid all sick leave, overtime, work on holidays or weekends.
The trial period for chief accountants is six months.
End of trial
There is a certain situation in which you cannot fire an employee after a trial period. It applies to employees who became pregnant during a given period of time and provided the employer with relevant certificates. In all other cases, the employee’s inspection period ends either positively, when both labor parties are satisfied with the work and the employee is credited to the organization’s permanent employees in accordance with the job descriptions, and negative when the subject’s work was unsatisfactory to the employer and the employment contract is terminated. In the latter case, the dismissal order must contain a listing of his reasons and evidence of the employee's unsuitability for this position.
In this case, it is necessary to treat the written justification of the dismissal with responsibility, because the employee may consider these actions unlawful and go to court. This can be avoided by evidence that the employee did not comply with safety regulations, did not follow instructions, skipped work without good reason.
We examined the maximum probationary period when applying for a job.