For some types of activities, to work in serious companies, a probationary period is a prerequisite for hiring a vacant position, and at the same time, it is useful not only for the organization, but also for the employee. This time allows you to fully understand the terms of reference and compare them with your capabilities, abilities, and work experience.
But in reality, the introduction of a probationary period does not always pursue only noble goals, it does not always benefit the employee, rather the opposite.
To begin with, the probationary period for newcomers was introduced by law in order to provide organizations and workers with the opportunity to get out of difficult situations of labor relations with less losses . For employers, a probationary period when hiring is also an alternative to a fixed-term employment contract, which can be concluded far from every employee (Articles 58, 59 of the Labor Code of the Russian Federation). State policy in this regard is aimed at reducing the number of litigations, protecting the rights of both the employee and managers, and is reflected in the labor code of the Russian Federation, in article 70.
How is this legal assumption actually applied?
Most often, the period of testing is subject to manipulation by the management. Despite the fact that it is clearly prescribed in the law, many citizens still do not know the maximum time limit for their probationary period. And they are arranged at the place of work, where the tests last longer than the legal period. Unscrupulous managers squeeze the new one to the maximum, and subsequently fire him, hiding behind the phrase "the employee did not pass the probationary period." And few people go to court to restore violated rights. And whoever addresses - in 96% of cases, they are reinstated as employees who have passed the probationary period, because time was lost when it was possible to dismiss.
Sometimes executives extend the probationary period to be able to fire the employee later. Is it legal? How long is the trial period? What vacancies is he established for, and which are not required? At what point can an employer fire an employee during a probationary period or only at the end? Is it obliged to notify the employee in advance of his decision? How will the dismissal at the probationary stage affect the future work of an employee? Is salary reduction legal for the duration of the trial? Questions arise and arise, but most of them can be answered by the 70th article of the labor code of the Russian Federation. Let us turn to her.
The maximum probationary period in accordance with this article is 3 months. The exceptions are managerial positions, as well as the position of chief accountant. For them, the test period can be set up to 6 months. If the employment contract is concluded for a short period (up to 6 months), tests cannot last longer than 2 weeks. And, of course, there can be no question of any extension of the probationary period at the initiative of the employer. Either the employee passed the test, or not.
The probationary period can be set for any employee, except for the categories of citizens listed in Article 70 of the Labor Code of the Russian Federation . Most workers can be employed on probation. However, if it is not specified in the employment contract, it is considered that the employee is accepted without testing.
During the probationary period, the employee is subject to the same rights and obligations arising in connection with the signing of an employment contract. Salaries may be lowered with the consent of the parties, but there is no mention of this assumption in the labor code. If an employee agrees to such terms of employment, all the nuances are prescribed in the employment contract. If his consent was not obtained, if the contract does not reflect the amount and the period during which such an amount will be paid to the employee, all actions of the head to reduce wages will be illegal.
The remaining points regarding the results of the trial period were reflected in article 71 of the Labor Code of the Russian Federation, which was repeatedly changed, edited, supplemented. In accordance with this article, an employee may be dismissed during the test period if he does not comply with the position. But the head is obliged to notify the employee about this in 3 days, and indicating the reasons for dismissal in writing and in the correct form, with clear wording. The reason sufficient for dismissal can only be a mismatch of personal qualities and experience of the post. The more specific it will be formulated, the better. It is advisable to have documented evidence of these words. If these reasons seem or are objectively insufficient for dismissal, the employee can always go to court. He also has the right to appeal against dismissal in court after a trial period.
The employee himself can leave at any time during the probationary period (also notifying the employer 3 days in advance) if he considers the terms of reference in this position to be inconsistent with his experience, qualifications, skills, and preferences. And there is nothing wrong with that. The next work can already be selected based on the findings about yourself.
All that remains is to be added. In life, there are situations that are difficult to fit into the framework prescribed by law. It will never be superfluous to consult with a lawyer and, in case of serious reasons, to defend your rights in court!