Starting a career is always exciting for an employee. In addition, further cooperation between the employer and the employee depends on a good start to work.
Properly executed documents also play an important role. In this article, we will examine in detail what a sample employment contract looks like for a probationary period and what are the main features of such a test of professional skills of the applicant.
The concept
Under the probationary period understand the provision of the employment contract, established by mutual agreement of the parties. Its purpose is to verify the professional qualities of the applicant and the competence of the hired person.
According to the law, a trial period can be determined if:
- Both parties to the labor relationship agreed to include this condition in the contract.
- This condition applies to a new employee.
- An employment contract with a probationary period (according to the Labor Code of the Russian Federation) must be concluded only in writing (otherwise the employee is considered to be accepted into the state without a test). Even if a citizen is hired without an agreement, a probationary agreement must be signed.
- The test employee is subject to the same working conditions as other employees.
The condition for the test should be included in the order of employment, but such information is not entered into the labor order.
Below is an employment contract for a trial period - a sample document.
Limitations
The test can be installed for almost all employees, with the exception of some categories. These include:
- women in position;
- citizens who graduated from a higher educational institution and got a job in the first year after training;
- minor citizens;
- employees who are transferred to this organization;
- citizens whose cooperation is temporary (less than 2 months);
- citizens elected to an elected post.
The following is an employment contract without a trial period - a sample document.
Why is it installed
As already mentioned, the test under the law should be appointed by mutual agreement of the parties. But, unfortunately, in practice such a rule is rarely observed. And the probationary period is appointed only at the request of the employer, and applicants are forced to agree with all the conditions for its passage.
In particular, some leaders of organizations think that a test is an occasion to lower an employee’s salary or to reduce the number of guarantees and compensations due, and sometimes to dismiss them only because the employee simply did not like him as a person. So, every citizen should know that this is illegal. Any employee, even on a trial period, has the right to all guarantees and compensations provided by law. At the same time, the employer should not underestimate the salary of the employee undergoing the test.
It should be remembered that the test is not necessary in order to save on a new employee, but in order to reveal his professionalism and competence in the current position.
Duration
The longest test period is 90 days. But for some posts, it can reach six months. These are mainly management posts:
- the head or his deputy;
- chief accountant or his deputy;
- head of a separate unit.
If a person enters into a temporary labor contract, up to two weeks are allowed for a trial period (a sample of the document will be presented later) (provided that the term of the contract varies from two months to six months).
The minimum period for passing the test is not regulated by law and is established only by agreement of the parties. An exception is the requirement of the law for civil servants. The duration of the test in this case can be from a month to a year.
If the test period has passed, and the employee continues to work, he will automatically pass the test and get the corresponding position.
If an employment contract is concluded with a trial period of 3 months (a sample with IP can be seen in our material), then this point should be recorded in the document.
Renewal
An employer cannot extend the test period, even if permission from both parties is obtained. An exception is the fact that the employee was incapacitated for a certain time during the test. In this case, the probationary period will be deemed to be interrupted and will begin from the moment the employee takes up his duties. It turns out that the date specified in the employment contract is shifted to the actual moment of completion of the test.
To extend the test, an order should be drawn up with the necessary documents attached.
Features
An employment contract for a trial period (the sample of which was presented earlier) is no different from other types of cooperation agreements. It simply needs to include the condition of the test and the period of its passage.
According to the law, the contract must be in writing.
If the employment relationship has not been executed in writing, and the citizen has already begun his career, then the head must fill out the legal relationship within three days. In this case, the inclusion of test conditions in the employment contract is not possible. The test can be applied only by agreement of the parties, having concluded the corresponding additional agreement.
Documenting
Making a trial period is not limited to indicating this fact in an employment contract or an order of admission.
And given that during the test, the employee may not be suitable for the company and be fired, the entire test procedure should be recorded in writing.
From the first day of the start of the trial period, each performance of the employee's duties must be monitored and recorded by an authorized person who is assigned to the employee.
Such control may look like a plan drawn up in a table for the entire term. A special journal should be kept where the results of the assignments should be entered, and all report notes from the authorized person should be attached with an analysis of completed or unfulfilled assignments.
At the end of the trial period, the authorized person together with the chief must analyze the work done and make a decision on the results.
Derivatives Test
A fixed-term employment contract with a probationary period (the sample is presented below) depends on the purpose for which it is concluded and what the employee should do. The following types of work are distinguished, for which fixed-term contracts can be concluded:
- Seasonal work. According to Art. 293 of the Labor Code of the Russian Federation, given the specifics and definition of seasonal work, the execution period of which does not exceed six months, it is inappropriate to establish a test of more than 14 days.
- Temporary job. The duration of this type of work, according to Art. 59 of the Labor Code of the Russian Federation, does not exceed two months. Therefore, the trial period is inappropriate.
- Other work. If the parties come to an agreement and draw up a contract for a period of up to six months, the test may be scheduled for no more than 2 weeks.
So, if a temporary labor contract for a trial period (the sample with the IP was presented above) is urgent and is concluded for at least six months, then the test takes place, and the head has the right to appoint it.
Recording Results
The order of passing the tests is not regulated by labor legislation and the assessment of how the employee coped with the tasks falls entirely on the shoulders of the employer.
First, the employer must decide how the work will be organized during the test. Moreover, all the tasks put forward must correspond to the functions established by the labor agreement and the job description of the new specialist. And for this, before accepting an employee, he needs to provide a sample employment contract for a trial period.
Secondly, the manager should not create obstacles for the employee to fulfill his immediate duties. And when analyzing the results of work, he must make an objective assessment.
The test result must be written in writing as a conclusion with the annexes. These include explanatory notes of the employee himself, testimonies of other employees, customer reviews of the organization and other documents.
No such requirement is established by law. But such registration of the results of the trial period will help in the future if the employee was dismissed for not passing the test and a complaint was filed with the court.
Termination of employment
An employment contract for a probationary period, a sample of which was to be signed at the beginning of the employment relationship, may be terminated during the test if there are necessary reasons for this. In this case, the employer must notify the employee himself. The notification must comply with the established algorithm:
- A notice of non-completion of the probationary period must be made in writing.
- The document must be sent to the employee at least three days before dismissal.
- The notice must contain objective reasons that justify the reasons for dismissal.
- The document is given to the employee for signature. If an employee refuses to sign it, a document of refusal must be drawn up in the presence of several witnesses. To protect yourself from unexpected consequences, it is better for the employer to send a notice of dismissal by registered mail with a list. But in any case, the notice period should not exceed three days before the dismissal.
If these norms are not observed, termination of the contract during the trial period will be invalidated by the court, and the employer will be obliged to reinstate the employee in the workplace with payment of compensation and payment of involuntary absenteeism.
Upon termination of the contract during the test, monetary compensation in the form of severance pay is not provided, but compensation for unused vacation can be obtained (a sample of a probationary period employment contract may contain similar information).
But there is a downside to the process. The employee may not be satisfied with the workflow. Therefore, he will want to terminate the employment contract. To do this, you need to write a notice in three working days. Moreover, if the initiative for dismissal comes from the employee, then the employer does not have the right to force him to work for two weeks. Almost all employers forget about this fact.
Consequently, the employment relationship must be terminated no later than three days from the date of application. Neglect of this fact is a violation of the rights of the employee.
Test end
A sample employment contract for a probationary period may contain information on what to do after the end of the test. It could be:
- drafting an order to pass the test;
- do not draw up any documents, then the employee is automatically transferred to a permanent job.