In the article, we will analyze the details of such events as tests at hiring. The so-called probationary period is far from rare in our time. And, to be honest, finding a company where you do not come across this feature is quite difficult. Almost impossible. Especially if you want to get a formal job. But is that right? In what cases are admission tests permitted, and when not? What is their significance, and how to defend their rights if they were violated?
What is it
Before delving into all this, we will try to understand the meaning of the test when applying for a job, as well as get acquainted with the characteristics of this term. It’s not so difficult if you think about it.
Probationary period - a kind of period before your official employment to work. During it, you will need to show your skills, as well as skills and knowledge in practice. Something like a kind of employee demonstration to the authorities.
Employment Tests they help, as a rule, to determine whether the position / future employee is suitable for you or not. A rather useful period of time, which, unfortunately, in Russia most often bears a negative connotation. But more on that later. To begin with, we learn the legal significance of the test when applying for a job.
From the point of legal
Practice shows that finding a job without passing a probationary period is quite difficult. Almost impossible. And it is right. But what legal significance is this phenomenon?
The thing is that it helps determine the employee's compliance with the chosen position. Assess his professionalism, as well as the skills and abilities that he possesses. For example, it is no secret to anyone that a resume is not always true.
From a legal point of view, such a fraud is unacceptable. And so the so-called probationary period is assigned. It is impossible to refuse it in our country if you want to get into this or that company. How justified is this requirement? Honestly, it's hard to decide. But practice shows that workers who do not pass the "entrance examinations" are not taken to senior positions. Maybe this is wrong, but such a phenomenon does occur.
Rules of appointment
We already know the concept of a job test. What's next? In general, how to set a trial period? This is necessary to know in order not to break the law. Otherwise, an employee not yet accepted can bring a lot of problems with his complaints.
It should be noted right away - from a legal point of view, the probationary period is a joint agreement between the employer and the employee. Voluntary. It cannot be concluded unilaterally. And, as we have already found out, this period is set before you are officially accepted for this or that position. It turns out that as soon as you were hired, no one has the right to demand passing tests.
In addition, they serve to test the skills of the future employee, therefore, the establishment of tests for employment is regulated by agreement. Practice shows that in reality it is an employment contract. In it, the named paragraph should be spelled out with all the details. If you notice that there are no references, you can safely refuse the trial period. And no one has the right to fire you because of this.
The timing
The test for employment is set by the duration specified in your employment contract.In verbal form, as a rule, no restrictions have significant legal force. The main thing, pay attention - if the contract does not contain anything about the tests, feel free to refuse them. After all, this period is not paid, in principle.
Usually a trial period is set to 2 weeks. In some cases, this period is 1 month. But this is already a dubious job placement. Why?
The fact is that practice time will not be paid. Just like the whole trial period as a whole. Keep in mind that a period that is too long is a good argument for refusing employment. But occasionally you can meet and enterprises where the test will be no more than a week.
Not officially
The establishment of a test for admission to work is not allowed if you are employed without a contract, that is, through an oral agreement or simply informally plan to work and fulfill your duties. In this case, you will be considered an employee who is accepted without passing the test.
Honestly, this is where quite a few problems arise. Learn to assert your rights to the employer. He does not have any ability to establish any tests after you go to work. It's illegal. You have every right to complain about such behavior.
Effects
The significance of the test for employment and its legal aspects are no longer a secret for us. But what else is special about this period? It is worth knowing about what consequences the probationary period entails. Otherwise, you, as an uninformed employee, will simply be deceived. Not the best prospect, is it?
The main problem here is that the tests should be carried out strictly in a certain direction and according to your specialty. That is, at this time, you should be required to perform actions only within the framework of the position to which you are directly related. No processing, replacements or other “charms” that employers like to present to their new employees.
All unsatisfactory results - if any - are necessarily recorded and proved documented. Of course, they are obliged to relate to your profession and activity in general. For example, if a cleaner was forced to fry pancakes, and she could not cope with this, a direct violation of the employee's rights could be noted. Or, on the contrary, the cook poorly washed the floors in the kitchen. This behavior is not permissible. But, unfortunately, it has a place to be at employment in modern Russia.
New frames
And now a little about the limitations. Not always a probationary period can be set by the employer. You should know about this in order to protect yourself and your rights in time. The job test is not set for new personnel. That is, graduates of accredited educational institutions, first entering the work in the acquired specialty, must be taken without passing a probationary period.
Otherwise, you can make a complaint to the employer. The Labor Code of the Russian Federation enshrines this rule. But, unfortunately, not everyone knows about him. And therefore, students and graduates (young cadres) are most often subjected to the test when hiring.
Yes, this is not fair, but this practice is very widespread in the country. Now no one will take a man in a good place without work experience, as well as passing the tests. This is a well-known fact. You can fight it, but the success is scanty. Sometimes it is more logical to find a more knowledgeable and honest employer than to argue with the former.
Pregnancy and motherhood
Who else has the right to no probationary period when applying for a job? Of course, do not forget about young mothers, as well as pregnant women. This category of persons, like young personnel, is completely exempted from passing the tests.True, mothers were less fortunate - they can count on the absence of this feature only if they have a child under the age of one and a half years. And then, if the tests are provided for by the contract, the verification cannot be avoided.
But how is everything done in Russia? First, the rights of pregnant and young mothers are very often violated. It is almost impossible for girls in an “interesting position” in our country to find a job. And the probation period is imposed on young mothers.
Secondly, if you managed to get a job without him, you should not rejoice. Most employers simply survive pregnant employees from the enterprise with all their might - either lead to unauthorized care, or forcibly. All this because pregnant women have special rights and benefits. And they are laid maternity leave and the preservation of the workplace with a salary. And the bosses, as a rule, are not happy with this alignment. After all, everyone acts only in their own interests. Proving the truth will not be easy, but possible.
Final result
As you can see, pregnant women cannot be tested for employment. And this rule applies to young mothers, as well as to newly-minted personnel who graduated from universities with state accreditation.
How are things really? Nowadays, tests for employment play an important role. But they are not quite a good shade. Why? Most employers hire employees with a probationary period of approximately 2-4 weeks, and then say something like: "You do not suit us." After that, no employment contract will save - followed by dismissal without pay. Unfortunately, this practice is very common. And no one is safe from her. Know your rights and protect yourself. Only this will help to avoid injustice.