In order to check the actual knowledge of the employee and his existing skills, the management of the company, with his consent, can establish a test at the time of his admission. The administration of the subject must formalize this situation by issuing an order for employment with a probationary period. During this period, the employee’s performance indicators are recorded and compared with standards. If an employee cannot cope with his work, then his management has the right to dismiss him under a simplified procedure.
How to register an employee for a probationary period
When hiring, some employers prefer to hire workers for critical areas after some testing. Sometimes such a test is a probationary period, which is appointed by the employer and to which the candidate for the position agrees.
The employer needs this testing period in order to understand how suitable the candidate is for the position and how he will perform the duties. Such a test is quite legal, since the employer for the time being cannot be sure that the tasks assigned in the future will be completed by this employee with a sufficient level of quality. For this purpose, the legislation provides for the possibility of documenting the desire to test a candidate using an employment agreement.
The Labor Code determines that an employment contract is drawn up with each employee who joins the enterprise. It should indicate, firstly, the existence of a probationary period for a particular employee, and secondly, all the necessary conditions for the probationary period. If for any reason testing is not documented, it should be assumed that no probationary period was established and the employee was allowed to work without testing his abilities.
You can learn how to draw up an employment contract correctly from the material “Procedure for concluding an employment contract (nuances).”
In addition to the employment agreement, the employer is required to draw up one more document: an order for employment with the enterprise. This order must also indicate that a probationary period has been established.
For the rules and sample of drawing up an order for employment, see the article “How to draw up an order for employment: sample - 2015”.
But the work book is issued without mention of the test. All entries are made in the usual manner for such procedures and with the usual information.
Find out about the procedure for making an entry for a job in the article “Work book - a sample of filling out a job application.”
Making changes to an order after registration
Expert opinion
Kostenko Tamara Pavlovna
Lawyer with 10 years of experience. Author of numerous articles, teacher of Law
After employment, the working conditions of citizens may change repeatedly. For example, the tariff salary may increase or decrease, a transfer to another position or an increase in rank may be carried out.
In this case, there is no need to change the initial order, since it records the initial data at the time the work began. All subsequent changes are reflected in additional agreements to the employment contract, new orders and instructions, and other personnel documentation.
For whom there is no probationary period?
Before placing an employee on a probationary period, the employer must make sure that the candidate is not included in a preferential category for which such a trial cannot be established. The list of released persons is given in Art. 70 of the Labor Code of the Russian Federation, it includes:
- candidates who were promoted to positions as a result of winning a competition;
- pregnant women;
- women raising children under 1.5 years of age;
- candidates under 18 years of age;
- persons who have graduated from secondary vocational educational institutions or universities, if they are entering work for the first time after receiving an education document;
- persons who were elected to office as a result of elections;
- persons who came to the position by transfer from other enterprises;
- employees who have entered into employment agreements for a period of up to 2 months;
- persons released from probation for other reasons.
For minor applicants
The main nuance of the order for a minor citizen is the fact that familiarization with the document is carried out by his parents or guardians. If the age is 14 years or older, the document is signed by the newly hired employee himself.
Expert opinion
Kostenko Tamara Pavlovna
Lawyer with 10 years of experience. Author of numerous articles, teacher of Law
The remaining parts of the order remain the same as for adult employees. The work of this category of citizens is most often urgent.
Registration according to the Labor Code of the Russian Federation: duration, conditions of the probationary period
Probationary period - how is it documented and how to accept an employee for probation without making mistakes? According to the Labor Code, the employer must indicate in the contract the fact of establishing a probationary period and the period for which it will be valid. There are restrictions on the duration of the trial. For ordinary employees, its duration cannot exceed 3 months, for management and chief accountants - up to 6 months. In addition, if the employment contract is concluded for a short period (from 2 to 6 months), the probationary period can be determined for no more than 2 weeks.
The period allotted for the test and recorded in the documents can be extended and revised upward only in exceptional cases. For example, when an employee missed work days without a justified reason, which could be illness, fulfilling a donor duty, etc. In such circumstances, the missed deadline is calculated in detail and added to the probationary period.
Registration for a probationary period under the Labor Code of the Russian Federation implies that an employee for whom a probationary period has been established is protected to the same extent as employees with employment agreements without testing. That is, all labor standards regarding wages, disability, etc. apply to him. As a result, for example, payment for his labor should be at the same rates as for main personnel. But his responsibilities are similar: he must comply with all disciplinary regulations established at the enterprise.
The difference between those employees who are forced to undergo a probationary period and those who work without such testing (already passed or were hired without testing) is only that their dismissal procedures differ.
Do I need to register an employee?
The question of whether an employee needs to be registered should not arise from the company management. However, it happens that employers, in an effort to reduce company costs, do not register employees for the duration of the test, thereby depriving the employee of all rights.
A probationary period or, as it is also called, “professional testing” cannot be carried out without a formalized employment contract , since it is only a condition for accepting a new employee into the company’s staff. The employer has only three days from the moment the employee began performing his job duties to prepare and complete all necessary documents.
Late execution of an employment contract, or its absence, is unlawful and entails administrative, and in case of systemic violations, criminal liability.
How are the test results presented?
The test results are presented as follows:
1. If, after the expiration of the test period, the employee has not received negative feedback on his work activities, it is considered that he has successfully completed the control period. A separate order or instruction regarding such results is usually not issued.
2. If the employer is not satisfied with the labor success of the subject, then the employee must be notified of such an opinion in writing. The message about the results of the probationary period must contain the reasons on the basis of which the conclusion was made about unsuitability for the given position.
The option in which a candidate is denied the desired job entails some difficulties for the employer. If the reasons in the notice are not sufficiently substantiated, the employee can file a claim in court and appeal the employer’s decision. Therefore, the management of the enterprise must carefully select documentary evidence of the candidate’s insolvency. For example, reports from the subject’s immediate superiors, results of internal audits and investigations, written complaints from clients, explanatory notes from employees regarding violations, etc. will be useful.
There are certain regulations for notifying about the decision made. Thus, the employee must be given written notice no later than 3 days before the date of dismissal. The date on which dismissal is scheduled must be within the probationary period. If the subject refuses to accept the notification, the enterprise draws up a special report indicating the incident.
The employer is allowed to dismiss the subject at any time during the probationary period. This action has some negative consequences.
- firstly, the right to severance pay is lost, if it was provided for by the collective agreement.
- secondly, the trade union organization will not be able to prevent the dismissal, since such circumstances are beyond its competence.
In order to correctly record an entry in the work book upon termination of probation at the initiative of the employer, one should be guided by the provisions of clause 18 of the Decree of the Government of the Russian Federation of April 16, 2003 No. 225 “On work books.” It says here that in this entry you should refer to Art. 71 Labor Code of the Russian Federation.
Download a sample entry form here:
But there are no obstacles to dismissing an employee at his own request during the probationary period, and he has the right to quit at any time. However, he must inform about his intention to terminate his employment relationship with the employer no later than 3 days before his intended departure.
Part-time job
If a part-time employee is hired, the process is no different from the previous example. As a basic option, we can talk about the example of replacing an employee who is temporarily absent.
In this situation, the field in which the end of employment is discussed is not filled in in any way, since the main employee has the right to return to the workplace at any time.
Results
If an employer decides to hire an employee for a certain position and set him on a probationary period, then the following must be done:
- ask whether the candidate for the position is exempt from the test;
- include a clause on the probationary period in the employment contract, which determines its duration.
The employer has the right to terminate the employment relationship with the subject at any time during the probationary period.
However, with such a decision, you will have to select compelling arguments and documents in favor of early termination of cooperation. Otherwise, there is a risk of litigation. You can find more complete information on the topic in ConsultantPlus. Free trial access to the system for 2 days.
What documents will be required?
When applying for a job, a citizen must provide personal documents to the personnel service:
- passport;
- work book, if it was previously issued;
- documents confirming the education received;
- military registration documents;
- SNILS and TIN;
- if necessary, the employer has the right to request a certificate of no criminal record, a medical record and other documents that are relevant to specific employment and the employer’s requirements.
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Category: Replies: 8 You can add a topic to your favorites list and for notifications by mail.
[email hidden] Russian Federation, St. Petersburg Wrote 7 messages Reputation:
November 17, 2010, 22:24 No ratings Good evening! Please tell me what to write correctly in the order for hiring an employee (main, permanent) without a probationary period?
1) in the column hire from Date to .?
(leave an empty cell, put a dash or just write it - for an indefinite period. 2) If in labor. The contract says - accepted for the position.
without indicating the structural unit, then in the order in the line of the structural unit put a dash or leave an empty space? 3) In the test line. deadline to put a dash through or write - without testing?
Thank you. I want to draw the moderator's attention to this message because:
A notification is being sent.
[e-mail hidden] Russian Federation, Nizhny Novgorod Wrote 17,120 messages Reputation: November 17, 2010, 11:07 pm Quote: 1) in the column hire from Date in the to column - nothing. Quote: 2) If in labor. The contract says - accepted for the position. without indicating the structural unit, then in the order in the line of the structural unit put a dash or leave an empty space?
empty space Quote: 3) In the test line. deadline to put a dash through or write - without testing?
without testing I want to draw the moderator's attention to this message because: A notification is being sent.
If you can't change the world, change your attitude towards it!
Stanislav Jerzy Lec.
Russian Federation, Kursk Wrote 11079 messages Reputation:
