The regulatory act that came into force on February 1, 2002, adopted in place of the Labor Code, contains article 70, "Testing for employment." The main purpose of this provision is to verify the training and business qualities of the applicant to the requirements of the position for which he is applying. It should be noted that this feature is not an innovation. The previous Labor Code also contained this norm. However, the practice of applying this provision raises a number of questions from both employers and potential employees. Let us further consider how the test of an employee when hiring takes place. 
General information
The hiring test serves as a statutory opportunity for both contracting parties to find out how much they meet each other's expectations. Any tenant has the right to determine the period during which the competency test of the applicant will take place. This opportunity, however, may be used with certain restrictions in relation to certain categories of citizens. They are provided for by the Federal Law, the collective agreement or the Labor Code. Testing for employment is allowed only with the written consent of the applicant. Thus, the key circumstance having legal significance is the voluntary will of the employer and the person entering the state.
Documentation
Conditions employment tests must be present in the contract. If they are not in the agreement, the person is considered to be enlisted in the state without passing the audit. Information is also included in the order or instruction, which is signed by the head of the enterprise after the conclusion of the contract. Lack of information in the local act will indicate a unilateral refusal to establish trial period. An agreement between the employer and the potential employee must be concluded before the actual admission to the professional activity of the latter. In case of signing the contract after the start of work, the person is considered accepted without a test. From the foregoing, it follows that the employer, in order to recognize the decision on the appointment of verification as legal, must prove the following:
- The test for hiring is determined before the actual start of professional activity of the person.
- An agreement was signed with an indication of the need for an audit within a certain period.
- The order (order) of the authorized representative of the head of the enterprise on the appointment of the test to the employee was issued.
During the passage of the audit, all applicable regulatory documents are distributed to the candidate for the position. These include, among other things, local acts and agreements of the enterprise itself. Nevertheless, in order to make claims regarding the fulfillment of requirements, the employer must have written confirmation that the specialist is familiar with their contents.
Job Test
The Labor Code of the Russian Federation indicates that in the process of passing the audit, the candidate for the position is in the same position as the full-time employees. This circumstance is of fundamental importance. In the process of concluding a contract, the employer should focus on the fact that the newly admitted person will not be infringed in rights in comparison with the others.
Financial issue
The job test does not imply a cut in salaries. It should be paid on a common basis, like all "staff members."However, in practice, often employers ignore this fact. From the legal side, such behavior is unlawful. Thus, the law states that all industry standards apply to a citizen undergoing a test when applying for a job. These include salary provisions. However, the legislation does not stipulate that special procedures for calculating remuneration should be used. This means that conducting a proficiency test does not act as a basis for reducing wages. Moreover, passing the test when applying for a job, the candidate seeks to show himself from the best side. He carries out the tasks assigned to him, demonstrating his full potential. Reducing salaries for applicants can cause some damage to the company's reputation, and become a reason for refusing to cooperate with a qualified specialist. The legislation, however, does not contain a direct prohibition on lowering wages for the period of the audit. 
Competitive enrollment
The job test is not set for all citizens. There are several categories of people who are credited to the state without verification. The first group includes citizens who enter the enterprise by competition. This must be confirmed by the relevant act. The competition itself must be conducted in accordance with federal or regional law. If it is organized on the basis of other normative acts, then this fact cannot act as an obligatory obstacle for the appointment of a test period for the employer.
Prenatal period
The following persons for whom a test for employment is not provided are pregnant women. They must provide appropriate medical documents. In this case, if a certificate is submitted after the start of the audit, the woman is released from the test. This conclusion is determined by the wording of the corresponding paragraph. So, pregnant women, regardless of any other circumstances, are exempted from work under the conditions of the test.
Minors
When hiring people who have not reached the age of 18, the head is not entitled to assign a test. In this case, the legal age is precisely the age of the applicant. If, nevertheless, the term of the test for hiring a minor was determined, and the candidate reached 18 during this period, then this action is still considered unlawful. The law clearly establishes a ban. 
Education
It is not allowed to check the suitability of the applicant if the following legally significant circumstances are proved:
- Availability of vocational education. This fact must be confirmed by a diploma of completion of primary, higher or secondary education.
- Joining a position that matches the vocational education received for the first time.
In this case, it is necessary to proceed from the fact that the specialist received a certain qualification at the end of the educational institution. The administration, therefore, cannot doubt its professional suitability.
Transfer from another company
Persons who are invited to work from other organizations, the probationary period can not be established. The following facts must be proved:
- Availability of invitation. This should be confirmed by a letter from the employer stating the request to release the specialist to another enterprise in the transfer order.
- Dismissal of an employee under Art. 77, paragraph 5. This is confirmed by the corresponding entry in his work book or by an issued order in case of loss.
Verification Duration
Not everyone knows how long a test period for hiring is considered acceptable. Most often, it is no more than three months. This is a general rule for most applicants. For certain categories of candidates, a longer review may be appointed.This category, in particular, includes:
- Managers and deputies.
- Accountants (chief and their deputies).
- Directors of representative offices, branches and other separate divisions.
The maximum test period for employment is no more than six months.
Important point
When assigning the duration of the period beyond the established in the legislation, as well as in the absence of an indication in the contract of the duration of the inspection, it shall be considered null and void. The very concept of a "test period for employment" involves the determination of a specific time period. Within it, a check should be carried out. If the time period is not defined, respectively, the specialist is considered to be enlisted in the state. The test for admission to work is established before it begins; extension of the test time is not allowed.
What is included in the period?
The test period includes the time actually worked by the employee. According to the general rule, the periods during which the specialist was absent from the enterprise, including vacation, sick leave and others, are not included in the inspection period. The trials include business trips. The employer may count periods of absence of a specialist related to the performance of professional duties. This classification improves the position of the applicant in comparison with the current standards. 
Test Summary
If the result of the test upon hiring was unsatisfactory, then the release of the applicant from the performance of duties is carried out by the head of the enterprise without the consent of the trade union that operates in this organization. In this case, the person does not receive severance pay (in accordance with Article 71). Such a decision of the enterprise administration may be challenged in court. Dismissal due to an unsatisfactory audit result is carried out before its completion. Otherwise, the person will be deemed to be enrolled in the state in accordance with the signed agreement.
Evidence of Inadequacy
Dismissing an employee for any reason, including those given in art. 71, the leader must objectively and reasonably substantiate his decision. In this case, the reasons for termination of the contract ahead of time must be confirmed by documents. For example, it can be an act on the release of defective products through the fault of the test subject, a certificate of non-compliance with the established production standard, other papers proving non-performance or improper performance of duties.
Controversial moment
The presence of evidence that the employee did not fulfill his duties or did it improperly is of key importance when the dismissed appeals the decision of the manager. In preparing the procedure for dismissal from office, the administration of the enterprise should be interested in simplifying the process of termination of the contract. Management must prepare all documents and strictly follow the established procedure.
Specialist arguments
When appealing against the decision of the management on dismissal, the employee may refer to reasons that prevented him from fulfilling the duties entrusted. For example, this may be a malfunction of the machine, untimely receipt of materials needed in production, and so on. In this case, the enterprise administration should verify this information and document or acknowledge or refute it. In the first case, it is advisable to cancel the decision on the dismissal and restore the specialist in the post. In this case, accordingly, the test should be credited to him.
Arbitrage practice
When considering a labor dispute regarding dismissal before the end of the probationary period, first of all, the circumstances that preceded the decision, the reasons that became its basis will be clarified. The court will examine the arguments of the specialist, with which he proves the illegality of the actions of the employer.As practice shows, disputes about the restoration of a dismissed employee are resolved in his favor in most cases. Despite the fact that the legislation does not regulate the procedure for dismissal under Art. 71, judges require evidence of the fact that the applicant does not comply with the position for which he applied, the lack of necessary skills. In most cases, the employer cannot provide such evidence.
The order of dismissal
In the case of unsatisfactory results of the suitability test, the direct head of the applicant must send a motivated submission to the head of the enterprise. This should be done no later than two weeks before the end of the trial period. To avoid biased attitude the decision on dismissal should be taken collectively, by a specially formed commission. Difficulties may arise in the event of a specialist mismatching a position that requires intellectual work. In such situations, there is no materialized product as such. Experts find it difficult to give any specific recommendations. In such cases, it is advisable to analyze the quality of the execution of instructions, the facts of violation of the deadlines for the implementation of the tasks, the ability of the employee to cope with the assigned amount, the compliance of the specialist level with professional qualification requirements.
Conclusion
The test of admission to an enterprise thus acts as a legal mechanism. It is focused on optimizing the relationship between the employer and the applicant. When using this tool at the very beginning of cooperation, both parties have the opportunity to identify and eliminate possible contradictions and errors. This, in turn, prevents the occurrence of negative consequences. In this case, the employer needs to carefully study the rules of law and apply them competently.
