Currently, such a form of recruitment, as a probationary period, is becoming more and more popular. The period that is given to the employee to convince the employer of his professional suitability must be properly formalized.
Instructions
Step 1
First of all, the Labor Code stipulates the restrictions imposed on certain categories of workers who cannot be hired for a trial period. These include pregnant women and those who have children under the age of one and a half years, as well as minor citizens and young professionals - graduates of professional educational institutions. In this case, a citizen applying for a job must submit documents confirming his status to the employer.
Step 2
Special attention should be paid to young professionals. A probationary period for them may not be established and not stipulated in the employment contract only if a number of conditions are met. So, after graduation from an educational institution, more than a year should not pass and the vacancy for which the employee applies must correspond to the specialty he received at the university. In addition, the educational institution must have state accreditation, and the employee's work book should not contain entries that he has already acquired production experience in his specialty. An employee of the personnel department must definitely check that the letter of the law has not been violated, because otherwise, according to Art. 5.27 of the Code of Administrative Offenses of the Russian Federation, an administrative fine may be imposed on an enterprise or its activities may be suspended.
Step 3
In accordance with Article 70 of the Labor Code of the Russian Federation, the maximum duration of the probationary period is set at 3 months, the employer has the right to shorten it or even extend it if it is set in the employment contract for a shorter time. True, in the second case, this will require signing the employee's consent, because the probationary period and its duration are essential conditions of the initially signed employment contract.
Step 4
The registration of the probationary period should not be limited only to the inclusion in the employment contract of a record of its establishment. In order for the employer to have the opportunity to fire an employee who did not pass the test, this condition and its duration must also be reflected in the order of employment. In addition, special tasks must be developed for the employee, with which he must cope. Their fulfillment or non-fulfillment must also be formalized by separate acts of acceptance.
Step 5
If the employee has not passed the test, the employer must track the end of the test period in order to notify the employee of the upcoming dismissal in writing three days before. In the event that the employee has withstood the probationary period, it is not required to issue it with some special order or entry in the work book. According to Article 71 of the Labor Code of the Russian Federation, if, after the end of the test, the employee continued to perform his official duties, he is automatically considered to have passed the test.
