It should be noted right away that a probationary period under the labor code can be assigned only to those employees who are employed with the signing of an employment contract. In other cases, the appointment of a trial period is illegal. In any case, this is stated in the Labor Code.
At the same time, regardless of the type of employment contract, an employee is employed, a probationary period may be appointed by the employer according to the labor code. According to the provisions of the same Labor Code, this is done so that the employer can verify the qualifications and compliance of the employee hired by him with the requirements and conditions of production (assigned work).
However, the appointment of such a verification period is not a mandatory procedure and may not be assigned. In fact, when signing an employment contract between an employee and his employer, all working conditions are negotiated. Therefore, by law, a probationary period under the labor code is a kind of mutual agreement between two parties to a contract.
A few points about employment with a probationary period. When hiring, the algorithm for submitting documents and employing an employee does not depend on whether he is given a probationary period or not. The employee must submit an application to the personnel department, provide a work book, passport and other necessary documents.
However, when assigning a probationary period to an employee, he must be informed and give his consent in writing. Such consent, as a rule, looks like a signature of an employee in the order of appointment (employment). By the way, the form of the order itself is not arbitrary, but determined by the state.
After the end of the probationary period under the labor code, the employer is obliged to make a decision on the compliance of the employee with the position. If an employee remains at the enterprise for further work, a separate order is not issued.
If the employee, for some reason or requirements, is not suitable for the employer, then a decision is made on his dismissal. But the employer must certainly report to officials why the employee does not comply. The labor code, probationary termination, dismissal - concepts which everyone should own. Unscrupulous employers often use all kinds of tricks, especially when signing temporary or seasonal labor contracts. Many, in order to avoid paperwork and bureaucratic red tape due to the dismissal of employees under perpetual employment contracts after a trial period, prefer to draw up contracts of a different type. They are called fixed-term employment contracts. As a rule, they are concluded for a period of up to 3 months, which makes it possible to dismiss an employee after this period without any further explanation.
Many employees, in addition to dismissal, may face an extension of the probationary period. Is it possible to extend the trial period, and by how much?
According to the Labor Code, the maximum terms for the trial period are established. For workers, this period is equal to one month, for other categories of workers and employees, this period can be equal to three months. If the company has a union, then the probationary period can be set up to six months. But for this, such an employment contract is agreed with the relevant bodies in the union.
With regard to the extension of the probationary period, the law states that the probationary period cannot be extended after signing the contract, either at the request of the employee or at the initiative of management. The only condition that allows you to increase the probationary period under the labor code is a temporary absence from the employee’s workplace due to incapacity for work (or similar valid reasons). In this case, the trial period can be increased by the number of days equal to the time of absence of the employee in the enterprise.