Probation

The probationary period is the period of time that is set at the time of employment. The purpose of the probation period is to check the employee’s compliance with the requirements of the employer. Mirsovetov will delve into this topic and tell his readers about the intricacies of the legislation that should be provided for when hiring.
The probationary period is the period of time that is set at the time of employment. The purpose of the probation period is to check the employee’s compliance with the requirements of the employer. Mirsovetov will delve into this topic and tell his readers about the intricacies of the legislation that should be provided for when hiring.

The probation period is appointed with the mutual consent of the employee and the employer, and information about the probation period should be spelled out in the employment contract.

Limitations on the establishment of a probationary period
The labour legislation provides for some restrictions in setting a probationary period. The Labor code of the Russian Federation contains provisions that the probation period cannot be established to the following categories of workers:

Persons elected on a competitive basis for the post;
Pregnant women and women with children under the age of one and a half years;
Minors;
Persons entering the profession in the first year after graduation;
Persons elected to an elected position for paid work;
Persons invited to work as a transfer from another employer;
Persons with whom a fixed-term employment contract is concluded for up to two months.
Term of tests at reception
The total period of probation may not be more than three months. The test period does not include the period of temporary disability of the employee, as well as other time intervals in which the employee was absent from the workplace.

The labour code of the Russian Federation provides for the following exceptions:

If an employment contract with an employee is concluded for a period of two to six months, the probationary period may be set for no more than two weeks;
The probationary period may be up to 6 months if the employee applies for the position of the head of the organization or his Deputy, chief accountant or his Deputy, head of branches, representative offices or other separate structural units;
The probationary period can be set from 3 months to 1 year if the employee enters the civil service;
If an employee applies for a position in the internal Affairs service, the probationary period may be from 2 to 6 months.
Documentary registration
If an employee is employed for a probationary period, this provision must be formalized in the employment contract or the agreement on the establishment of a probationary period, if the employee has begun to perform his / her duties without entering into an employment contract. The Labour code of the Russian Federation States that if such an agreement has not been concluded, the employer may not include in the employment contract a provision on the establishment of a probationary period. If there is no record in the employment contract that the employee is employed on the condition of a probationary period, it is considered that the employee is employed without tests.

However, if the order on employment reflects that the employee is set a probationary period, and the employment contract does not have such a record, it is considered that the employee is employed with a probationary period.

As the documents necessary for the correct registration of the probation period, it is possible to allocate the employment contract with the obligatory indication of the conditions of appointment of tests, the order on employment and the task for the period of probation.

The task for the period of probation is formulated to verify the compliance of the employee’s position. In such a task, you can reflect specific job responsibilities, scope of work, the deadline for their implementation, as well as criteria for evaluating the results. The task for the period of probation must comply with the job description of the employee, and the employee must be familiar with such a task under the signature.

Results of the trial period
The labor code of the Russian Federation provides three options for the end of the tests when hiring:

Successful completion of the probation period.
This result indicates that the employee has successfully coped with his duties, and the employer is ready to take him to a permanent job. This result does not require documentation. If the probationary period ends successfully, the employee continues to work, which means that he has successfully coped with the established tests, and his dismissal is possible only on General grounds.
The employee decided that the proposed work is not suitable for him.
In this case, the employee has the right to provide the employer with an application for dismissal not later than three days before the end of the probationary period.
Unsatisfactory completion of the probationary period.
If the employer sees that the employee does not cope with the assigned labor duties, he has the right to terminate the employment contract with him, warning him about it three days before the end of the probationary period.
In order to terminate the employment contract on the basis of unsatisfactory results of the probation period, the employer must issue the relevant documents that confirm that the employee is not coping with the work. As evidence of unsatisfactory results of performance by the worker of labour duties can testify the records of the employee on the work performed, complaints of clients and colleagues, explanation, employee, orders for the recovery acts on the release of defective products, etc.

Reduction and extension of the probationary period
The probationary period for employment may be reduced by mutual agreement between the employee and the employer. In order to reduce the probationary period, it is necessary to conclude an additional agreement to the employment contract and issue an order to reduce the probationary period. Documentation of the reduction of the probationary period must be recorded, because the probationary period is an essential condition of the employment contract.

The labour legislation does not provide for the extension of the probationary period by amending the labour contract. The Labour code of the Russian Federation States that the condition of probation is established when applying for a job.

However, some labour law specialists consider that the extension of the probationary period may take place if the employee agrees and if the period is extended within the limits established by law.