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Passing a test when applying for a job is a fairly common practice, allowing the employer to assess the abilities of a new employee, and the employee himself to get acquainted with the team and immediate superiors.

For the employee, this practice is also beneficial with the possibility of dismissal without compulsory service. And, more precisely, without the two-week period following the written notification of the employer, and allocated for paperwork and final payment.

The duration of the probationary period is determined by the provisions of the contract, which also stipulates other working conditions.

According to legislative norms such a period cannot be longer three months- it is his maximum value for the vast majority of professions.

However as an exception testing may take longer. This rule applies to positions requiring highly qualified. For example, the test is extended for six months for directors, managers and other representatives management team.

But at the same time, there are categories for which probationary periods are not supposed to be established at all. Such beneficiaries include:

• and women who care for children under the age of three years;
• persons under the age of majority (you can be hired from the age of fourteen);
• specialists who do not yet have work experience (who completed their training only a year ago);
• employees transferred from another enterprise (including by agreement of the parties).

A similar exception applies to persons changing positions at the same enterprise. And for citizens hired in accordance with.

Another “trick” for extending the probationary period, which is not prohibited by labor law, is deducting compensatory days and days spent on sick leave by the employee.

Reasons for stopping work

To refuse to work while on probation, you must comply with all legal norms. The employer himself, if dissatisfied with the results of the test (), can fire an employee.

And to stop labor activity at the initiative of the employee, the latter must notify the management of the enterprise or organization within three days.

Verbal notification has no effect!

The employee informs about his decision only in in writing, submitting a corresponding application (71st article of the Labor Code).

An employee may have any reasons or grounds for leaving. According to the law, he has the right to explain his decision only in general terms, referring to his own desire.

Actually cause dissatisfaction new position and the place of work can do anything. For example, violations by management that grossly violate the rights of workers. Difficulties in communication and interaction with the team. Difficult working conditions or unacceptable working hours. Also, no one can prohibit an employee from looking for another, more profitable job during the probationary period, with a transfer to another enterprise.

Remuneration at shift schedule work - complex issue. You can study it in detail.

Do I need to work it out?

Two-week “work off” (the waiting period for the day of dismissal according to the law) is only due when leaving for general principles. And while on probation, the employee has the right to reduce this period to three days(71st article of the Labor Code).

The first day is considered to be the one that follows the date of submission of the application (its registration in the office). If the last day of “work” falls on a weekend or holiday, dismissal is made on the working day following the rest days.

In addition, the law provides for the right to demand urgent dismissal directly on the day of filing the application with notification. The reason for this is (if there is documentary evidence!):

• retirement (achievement);
• identification of a disease that interferes with work activity;
• relocation of a spouse to another city caused by a change of job;
• enrollment in educational institution for full-time study;
• appointment to a position at another enterprise during competitive selection.

Employment is accompanied by a significant number of nuances. For getting official work must be tested in the form of a test. Its duration may vary depending on the wishes of the employer and the characteristics of the position. But any period is counted towards the total length of service.

In practice, this method of verification is very common. It allows both the employer to assess the candidate’s abilities and the applicant himself to understand whether he needs this position. In this case, the rights of both parties are established and protected by law.

Often, the employee himself decides to leave the new place before the expiration of the probationary period or is unable to complete it. IN the latter case dismissal is carried out at the initiative of the employer. Termination procedure labor relations determined by law and must be carried out within its framework.

Definition of the term according to the Labor Code of the Russian Federation

According to standards labor legislation an employee can be officially employed only after the end of the established probationary period. During this period, the employer checks his suitability to perform job duties, and the candidate himself studies workplace, deciding whether he needs it. In some cases, the test can be omitted, as stated in Article 26 of the Labor Code of the Russian Federation.

When and for what period is it established

Recruitment is carried out based on candidates' resumes and their successful completion interviews. However, it is impossible to assess the competence of future employees only from documents and information received. In practice, they may not be able to cope with their work functions. Therefore, to check the quality of labor, the law provides special period – probation.

During the test, management evaluates the skills and abilities of the employee, who, in turn, decides whether the job is suitable for him. The establishment of a probationary period is not mandatory and is possible only by agreement of both parties.

The probationary period is put into effect by introducing conditions about it into. The duties and rights of the employee established for a given time are also reflected here.

The duration of the test is determined by the employer. According to the rules of the Labor Code of the Russian Federation, it cannot exceed three months. The exceptions are leadership positions, requiring high level candidate qualifications. For them maximum time The probationary period may be doubled.

A shortened verification period (no more than two weeks) is established when concluding a short-term labor agreement: for 2-6 months.

Possible reasons for breaking the employment relationship before the expiration of the term

Many employers believe that with a probationary period it is much easier to reject an employee. But it is not so. Despite the fact that dismissal during a probationary period is simplified, it must have specific grounds if the initiative comes from the employer.

Good grounds for dismissal during probation are determined by the Labor Code of the Russian Federation and coincide with those provided for during the normal working period:

• absenteeism;
• violation established rules, with which the employee is familiar;
• failure to perform official duties after receiving disciplinary punishment and etc.

At the initiative of the employer

If an employee shows unsatisfactory performance during the probationary period, the employer has the right to terminate cooperation with him. However, his incompetence needs to be officially confirmed. Unjustified dismissal may be appealed by the dismissed employee in court. If the case is successful, he will need to be reinstated at work without any checks.

To prove the employee’s mistakes during the probationary period, they should be recorded. Next, notify him of the dismissal 3 days before the immediate termination of the employment relationship in writing indicating specific reasons.

The employee failed the test

On the basis established by Article 81 of the Labor Code of the Russian Federation, the employer has the right to interrupt employment contract Anytime trial period. To do this, formalities must be strictly observed.

The procedure for dismissing a specialist who has not passed the verification period is as follows:

• preparation of supporting documents;
• delivery of notice of termination of the contract;
• execution of the order and familiarization with it to the employee against signature;
• making an entry in the work book.

The final stage is the issuance of a work book to the dismissed employee with confirmation of this fact by his signature in the accounting journal. Often employees do not pick up the books. In this case, you should send special message with a request to pick up at the organization or agree to forward it.

The company must pay the dismissed employee the money he earned on his last working day. Legal size monthly salary cannot be less than that fixed by the staffing table. For work periods exceeding 15 days, compensation is due unused vacation. No other additional payments not provided.

At the request of the employee

During the trial period, the employee evaluates the new location, deciding whether to stay. A probationary period is quite enough to understand whether the specialist is satisfied job responsibilities, work schedule, working conditions, relationships with the team and management. He can terminate the employment contract at this time at any time.

To resign before the expiration of the probationary period, the employee must submit an application to the enterprise administration three days before the end of the employment relationship. A reason for such dismissal is not required.

Features for pregnant women

The Labor Code protects the interests of pregnant women not only during the performance of labor functions as usual, but also during the probationary period. The specifics of hiring and dismissing expectant mothers are enshrined in Articles 64, 70, 261 of the Labor Code of the Russian Federation.

There are a number of benefits available to pregnant women. Having a certificate of their condition, they can begin work without undergoing a test. Moreover, refuse to imprison labor contract the employer has no right.

If the employer did not know about the employee’s pregnancy when establishing the verification period, he is not responsible.

If pregnancy occurs during the test or the woman finds out about it during this period, she must provide the employer with a certificate. In this case, the probationary period is canceled, and dismissal is impossible before the birth.

In practice, employers dodge, trying to find any way to fire pregnant women. In such a situation, you should contact government bodies for protection, which forcibly hold employers accountable.

Attention! It is important to prove that pregnancy was the basis for termination of the employment relationship during the trial period. Evidence base supporting documents may serve as witness's testimonies. Based on Article 77 of the Labor Code of the Russian Federation, the dismissal of a pregnant employee is considered to be made at the will of the employer.

Documentation of dismissal during the probationary period

The most critical moment in the event of dismissal of an employee who has not passed the test. Just fire for bad job it is forbidden. This fact must be justified documented.

Among the supporting documents:

• written complaints from dissatisfied customers;
• negative characteristics of the immediate superior;
• acts of product defects;
• memos from the manager regarding failure to fulfill duties.

The most effective way is to draw up a work plan for employees undergoing testing. It is formed on the basis labor responsibilities By job description. For each backlog the specialist reports in writing explaining the reasons.

In practice, the organization’s methodology is also used special commission, evaluating the results of the work and making a conclusion about compliance or non-compliance with the position.

The reasons for dismissal are indicated in the employee's notice. There is no unified form for its registration.

The main information that must be reflected is the following:

• name of the company and its details;
• document number and date;
• Full name of the employee, details of his employment contract;
• directly the text of the message with the reasons for dismissal;
• date of dismissal.

Attention! the main objective probationary period - checking for suitability for the position. It is not advisable to simply indicate absenteeism or tardiness in the notification as a reason. Initially, the employee should be reprimanded or reprimanded. IN otherwise may arise controversial situation with the Labor Inspectorate.

Employee statement

Special requirements for expressing a desire for dismissal at will not available. The application is written in free form. It is important to indicate in the text the clause of the law that allows you to terminate a contract during a probationary period without working out: Article 71 of the Labor Code of the Russian Federation, taking into account the provisions of Article 80 of the Labor Code of the Russian Federation. These rules contain all the subtleties of such dismissal.

The application form must include the date of the last working day from which the employee will be dismissed. It must be certified with a signature indicating current date. The upper part of the document contains the details of the addressee and addressee: the name of the enterprise, the full name and position of its representative, the full name of the resigning employee.

Manager's order

According to the requirements of Part 1 of Article 84.1 of the Labor Code of the Russian Federation, the employer must issue a dismissal order, which the employee familiarizes himself with under signature. His unified forms developed by Goskomstat: T-8 (for one employee), T-8a (for several employees). They are not mandatory, but are widely used in practice and are taken as a model.

In general, filling out the columns of the T-8 form (T-8 a) is carried out by analogy with the preparation of documents upon dismissal at the request of the employee. There are few differences: in the grounds it is necessary to indicate a reference to Article 71 of the Labor Code and list supporting documents (act, report, explanatory note, report, etc.).

If the employee does not want to sign the order, a commission is created and a statement of refusal is drawn up, registered in a special book.

Working off

IN normal situation upon termination of an employment contract, the employee is obliged to work for two weeks at the request of the employer. This period is necessary to find a new specialist. If you are dismissed during probation, its duration is different: only 3 days are provided for working off.

If an employee does not submit a letter of resignation after the verification period and returns to work the next day, he automatically switches to permanent basis. In this case, termination of employment relations is carried out according to general rule: the working period is the required two weeks.

Is it possible not to work out

The law requires staff to communicate their plans to leave to management. The period between the employee’s submission of a resignation letter and the actual termination of the employment contract is equivalent to working off. However, when there is no desire to appear at work again, there is one surest way - an agreement with the employer.

If it is not important for management to find an unsuccessful employee in a position, then you can safely resign during a probationary period. Employers understand that employees who are preparing to leave will not perform properly labor functions. Due to this, they are not interested in their presence. If consensus cannot be found, you will still have to go to work.

For absenteeism you can get severe punishments: deductions from wages, their reflection in work book, dismissal at the initiative of the employer.

Important! If the contract is terminated at the end of the verification period, work is not mandatory.

Certain categories of workers have the right to refuse to work:

• disabled people;
• pregnant women;
• pensioners;
• mother of three children;
• those suffering from an illness that interferes with the performance of their work function;
• caring for a sick family member or disabled person;
• enrolled in full-time studies;
• retiring, etc.

So, dismissal of an employee during a probationary period is possible both on his initiative and at the will of the employer. It is formalized by order. Moreover, in the second case, mandatory documentary confirmation reasons for termination of employment relations. Individual categories citizens, for example, pregnant women, have the privilege of not being dismissed during the trial until childbirth.

Dismissal during probationary period may be illegal if certain conditions. You dismissed as having failed the probationary period? Or they threaten you with dismissal under this article and ask you to resign of your own free will, because did not pass the probationary period? Why do you think the director is talking about this? Yes, because he doesn’t know how to do everything without violations, or they already exist and cannot be corrected.

Let's not be afraid of threats or an existing entry in the work book, but let's think: did the employer do everything right? After all dismissal of someone who has not completed the probationary period the procedure is not very simple.

And in most cases can be allowed significant errors, if available, you can judicial procedure get back to work. Although recovery in most cases is not the best the best option. The working climate will no longer be the same. It is best to challenge the dismissal, its legality, reinstate and resign of your own free will. Or change the wording of the reason for dismissal and the date.

Why go to court if you were illegally fired as someone who had not completed the probationary period?

First, you will change the wording of dismissal in the work book.

Secondly, when illegal dismissal you can demand payment of the average salary for the period of deprivation of the opportunity to work (Article 234 of the Labor Code of the Russian Federation).

Thirdly, you can demand compensation moral damage(Article 237 of the Labor Code of the Russian Federation).

First of all, let's figure out whether the employer did everything correctly so that dismissal during probationary period was considered legal.

How is the test condition established?

It is established in the employment contract. Is there any mention of this in the contract? There is no probationary period (Article 70 of the Labor Code of the Russian Federation). In this case dismissal for failure to complete probationary period in principle impossible, since there is no basis.

If you start work without drawing up an employment contract, then the probation agreement must be signed before starting work, but not after you have started performing your duties. It could be separate document. Only in this case the employer has the right to include this condition in the employment contract, which will be drawn up later.

Who should not be tested?

There are categories of workers for whom a probationary period is generally prohibited: pregnant women and women with children under one and a half years old, those who are selected by competition to fill a position, underage workers, employees who have graduated from state accreditation educational institutions of primary, secondary and higher vocational education and for the first time entering work in the acquired specialty within one year from the date of graduation educational institution, persons elected to elective position for paid work, those who are invited by transfer from another employer as agreed between employers, employees entering into an employment contract for a period of up to two months.

Also, a probationary period cannot be established for students upon completion of their studies (vocational training) with this employer. It is not established when transferring to another position.

If a woman was given a probationary period, and then she turned out to be pregnant, then she cannot be fired as if she had not completed the probationary period.

For how long can the trial be set?

Probationary period when hiring cannot exceed three months, and for heads of organizations, deputies, chief accountants and their deputies, heads of separate structural divisions organizations - six months.

If the contract is concluded for a period of two to six months, then the probationary period cannot be more than two weeks (Article 70 of the Labor Code of the Russian Federation)

If you have a probationary period of 2 months, then they cannot extend it. You can only cancel ahead of schedule by agreement of the parties. You yourself may not agree to shorten the probationary period, since at this time you can resign of your own free will by notifying the employer 3 days in advance, and not 2 weeks in advance, as is established for other categories of workers.

If the test period has expired and you continue to work, then you are considered to have passed it. At the end of the term dismiss as not having passed the probationary period it is forbidden. But! The period established by the contract does not count the time when the employee was absent from work, for example, days of incapacity for work.

Is it possible to be dismissed during the probationary period for other reasons?

Dismissal during the probationary period is also possible on other grounds provided for by the Labor Code of the Russian Federation: both by agreement of the parties and at the initiative of the employer (liquidation, layoff, failure to fulfill job duties, etc.). Dismissal made for other reasons may also be considered illegal.

What guarantees apply to the employee during the probationary period?

While he is on probation, the employee is subject to all the guarantees provided for by the Labor Code of the Russian Federation. For example, in case of staff reduction (liquidation), he is also entitled to severance pay. You also need to draw up an employment contract with him and make an entry in the work book. He is also paid for time of incapacity, downtime, etc.

And the condition is illegal wages when they tell you that you will now receive 15 thousand, and after the trial period 30 thousand. True, it depends on how you apply it. If you sole employee in this position, then changes staffing table and that's all. But if in addition to you at least one more employee with a large salary works in the same position, then this is illegal.

How is dismissal carried out at the initiative of the employer if you do not pass the test?

4 conditions must be met for such dismissal to be considered legal (Article 71 of the Labor Code of the Russian Federation).

— The employer must warn you that you have not completed the probationary period 3 days before dismissal. He cannot announce this to you today and fire you today.

— The warning must be made in writing against signature. No written notice- did not warn - dismissal is illegal. If you refuse to sign, a corresponding act will be drawn up.

— The date of dismissal must be within the probationary period. After the end of the term, dismissal on this basis is illegal.

— The most interesting thing is that employers are making mistakes: the notice must indicate the reasons that served as the basis for recognizing the employee as having failed the probationary period! And in order to indicate these reasons, you need to monitor the employee for months, record lateness, violations of discipline, failure to fulfill duties, etc. It is best if the employee is given job assignment the result of the work is signed and accepted. Tell me, whose employer did this? I haven't come across any.