The probationary period is the period of work, which makes it possible to assess how the new employee is coping with his duties. The conditions for this must be initially spelled out in the employment contract.
Probation
According to article 70 of the Labor Code, this period is established by an employment agreement. In the future, this provision must be indicated in the order for the hiring of an employee. This information is not entered into the employee's personal card. If the contract does not contain a record of the probationary period, it is considered that the employee was hired without him.
The test period is negotiated in each case individually, but the maximum period should not exceed 3 months. However, there are exceptions to this rule: for managers, their deputies, chief accountants, the test period can be increased to six months.
In other cases, it can be reduced to two weeks. The Labor Code establishes such a rule for a fixed-term employment contract, which is concluded for a period of two months to six months. If an employee is hired for a shorter period (up to 2 months), a probationary period for him is not provided at all.
Features when establishing a trial period
If an employee falls ill, was absent from work for a valid reason during this period, then the trial period should be extended by the same number of days. In other cases, this is prohibited, and violation of the Labor Code of the Russian Federation is punished under Art. 05.27 of the Administrative Code of the Russian Federation.
The employer can also shorten the trial period. This decision must be reflected in the form of a written agreement to the employment contract (Articles 9 and 57 of the Labor Code of the Russian Federation). The Labor Code of the Russian Federation also prohibits concluding a fixed-term employment contract for a probationary period if the conditions for its conclusion do not meet the requirements listed in Article 59 of the Labor Code of the Russian Federation.
When the probationary period does not apply
For some categories of citizens, a probationary period is not provided, including:
- for persons elected to office by competition, through popular elections;
- for pregnant women, mothers with children under 1, 5 years old;
- for minors;
- for graduates of accredited universities within a year after graduation;
- for employees who have switched to another translation job;
- For persons who have undergone apprenticeship training and some other categories of citizens, in accordance with Art. 207 of the Labor Code of the Russian Federation and FZ-79 of July 27, 2004.
When an employee does not cope with his duties during the probationary period, the employer has the right to terminate the employment relationship with him, having previously notified the employee about this in writing 3 days in advance. This document should detail the reason for this decision. If the employee wants to terminate the employment contract, he must also notify the manager in writing about this 3 days in advance.
If an employee continues to perform his duties after the end of the probationary period, it should be considered that he has passed the probationary period, and he can be dismissed in accordance with the norms of Labor Law.
