The probationary period is represented by a certain period of time during which the skills and abilities of a new employee are tested. Its duration can be different, and the employer must pay for this period on the basis of pre-agreed conditions. However, there are some employees for whom a trial period is not established. They have the right to immediately get a job in the staff of the company. The head of the enterprise does not have the right to test the skills and abilities of such an employee.
Assignment of a trial period
It is not a whim of a businessman, as it is fixed at the legislative level. It is during this period that it is possible to verify the professional suitability of a citizen to work in specific working conditions. If at the end of this period the employer is not too happy with the results, then he may refuse to continue cooperation.
If during the trial period it is established that a particular employee is ideally suited for the position, and also copes well with the tasks, then a citizen is credited to the staff of the enterprise. At this time, the director of the company pays a lot of attention to how the employee copes with his job responsibilities, how he fits into the team, and how comfortable he is at the allocated workplace.
Legislative regulation
Employers should know in which cases a probationary period is not set, and also when it can be applied. In this case, you can be sure that the basic labor rights of workers will not be violated.
Basic information about the rules for the appointment of this period is given in different articles of the TC. By law, a probationary period is not set for some employees who have just completed training or who have been specifically invited to work for the company. The entrepreneur must have a good understanding of the content of regulations containing the following information:
- based on Art. 70 TC, a probationary period is required to test the skills, qualifications and skills of a future specialist who is offered specific rights and obligations in the company;
- this test is assigned only on condition that information about this period is entered into the contract drawn up with the new employee;
- even if a person is accepted into the company with a test, he can enjoy the various rights and privileges offered by the norms of the Labor Code;
- salaries and working conditions should not differ from those offered by full-time employees of the company holding a similar position.
If the employee finds out that the manager violates his rights in various ways, he can appeal to the labor inspectorate.
Who does not have a probationary period when applying for a job?
There are some categories of workers that should be immediately credited by the employer to the state, so they do not pass the test. This is due to their specific status. Which employees are not given a trial period? These include the following citizens:
- pregnant women in search of work;
- female workers with children under three years old;
- employees who are minors;
- people who have just graduated from a university, but it is important that they get a job within a year after receiving a diploma;
- persons selected for the post after the official competition;
- Citizens invited from other companies, for which a standard translation is competently executed;
- former students sent to study by the head of the enterprise;
- people with whom an urgent agreement is concluded, the validity of which does not exceed two months.
In all of the above situations, the employer cannot use the test for employees. If he violates the rights of citizens, then he will have to face negative consequences. Therefore, the director of any company must understand in which cases a trial period is not established.
When can it be applied?
In all other situations, a test may be established for workers. For this, the director of the company must obtain the consent of the future employee for the passage of the probationary period.
Thanks to such a test, both participants in the employment relationship will be able to understand how profitable and appropriate further cooperation is. Even the employee during the test may realize that he does not want to continue to work in the company due to specific conditions or low salaries.
It is the employer who most often initiates the establishment of this period. He must remember when the probationary period is not established, for which categories of workers the test is allowed, and also what is its duration and rules of execution.
Pros and cons for guidance
The application of the trial period has many advantages for the director of the enterprise. These include:
- verification of the qualifications of the hired specialist is provided;
- the abilities and skills of the employee are studied;
- determines how well the new specialist fits into the work team;
- if a person cannot pass the test, then he easily leaves the company.
The disadvantages of the process include the fact that the employer must know when a trial period is not set, otherwise the rights of employees may be violated. It is impossible to lower wages during this period. It is necessary to highlight an experienced specialist in the company who will study the qualifications of a new employee. If a person is fired under Art. 71 of the Labor Code, since it is not suitable for the proposed job, it is likely that a citizen will sue the employer.
Nuances for the employee
The test has advantages for direct workers. Graduates of different institutions can expect that they will immediately be enlisted in the state, for example, if they graduate from MIT. Who doesn’t have a trial period? The main employees who are not involved in the test are listed in Art. 70 shopping mall.
With the help of the test, a citizen can determine the working conditions, the atmosphere in the team and other features of work. He can quit at any moment of time without working off.
The disadvantages of this check include the fact that different test tasks are assigned to a new employee. Since there is no confidence in the continuation of cooperation, a tense and nervous situation is being established in the company. If the employer decides that the specialist did not cope with the tasks, then dismissal will be a simple and quick process.
Features for civil servants
The civil service is represented by professional activities that can only be carried out by Russian citizens. A person is employed in any authority that may be legislative, judicial or executive. Such work is regulated by local and federal regulations.
Many people are convinced that a probationary period is not set for civil servants, but in fact, even for such specialists a trial can be applied. During this period, the immediate supervisor will be able to understand what skills and abilities the future employee has. It is determined whether he can cope with complex and specific job responsibilities.
The features of establishing a test for civil servants include:
- the duration of this period can vary from 3 months to one year;
- it is impossible to apply a probationary period for a civil servant who temporarily replaces the head or his assistant;
- if the employee after the reorganization or liquidation of any state body is transferred to another unit, he can continue to work without establishing a test;
- if the citizen himself decides to stop working in this position, he must draw up a corresponding application, and it is necessary to notify the head of the state organization of the decision three days before the application is submitted.
Most often public servants are hired without a test.
Nuances in the preparation of a fixed-term contract
Often companies need an employee who will carry out some one-time task or will cope with seasonal work. In this case, an urgent labor contract is drawn up with him.
A probationary period cannot be established for employees who are hired under a fixed-term contract for a period not exceeding two months. In other situations, testing is permitted.
It is not allowed to conclude a fixed-term contract for the duration of the test, provided that if the qualification of the employee is confirmed, a standard contract will be signed. Such actions by the employer are a gross violation of the Labor Code.
Specificity for part-time workers
Every employer should know who does not have a probationary period. What law governs this procedure? To obtain relevant and reliable information should study the provisions of Art. 70 shopping mall.
It is allowed to apply the test to people who get a job in a part-time company. But this takes into account the following nuances:
- the duration of the probationary period should not exceed 3 months for ordinary workers;
- if a person is employed for a managerial position, then for him the trial period is increased to 6 months;
- at the initiative of any participant in the relationship, work may be terminated ahead of schedule;
- if a person passes the test, then he gets a job in the company on an ongoing basis;
- if the manager decides to dismiss the part-time during the test, he must warn of the termination of employment three days before the end of the cooperation.
The employer must additionally prepare official evidence that the part-time job does not really meet the requirements of the company, as it does not have the necessary qualifications or skills. If the dismissal is carried out without good reason, then the employee has the right to file a lawsuit in court to challenge such a decision of the head.
Features for pregnant
Even pregnant women can remain unemployed for various reasons. When searching for a new place of employment, they focus on working conditions and other parameters. According to the Labor Code of the Russian Federation, a probationary period is not established for pregnant workers. It is unlawful to refuse to employ a woman in a position.
There is no way to apply the test to women with young children who are not yet three years old. The same applies to employees raising children under 14 years of age, as well as to women involved in raising a disabled child.
Test results
Any company manager should know when a trial period is not set, and what the test results may be. The consequences of the probationary period include:
- if it is officially confirmed that the employee does not have the necessary skills and abilities, then further cooperation is terminated with him according to a simplified scheme;
- dismissal may be due to poor-quality labor results or inadequate job position, which will require certification;
- if the employee is satisfied with the existing conditions, and the employer is satisfied with the results of the specialist’s work, then the citizen is credited to the staff of the company.
If the employer simply does not want to continue cooperation, but he has no good reason for stopping the person’s work on the test, then he still needs to enroll a specialist in the staff. If he decides to dismiss the employee, and at the same time he does not have official evidence of the existence of good reason, then such actions of the official are easily disputed in court.
What rights are given to test workers?
If a person gets a company with a probationary period, then he has the same labor rights as full-time employees.
Citizens can expect to receive the same salary as workers in a similar position. No special working conditions should be applied to them. If a citizen is not satisfied with the conditions existing in the company, then he can quit without having to work out the required 14 days.
Conclusion
The probationary period has many advantages for the employer and direct hired specialists. Company executives should know for whom a trial period is not set, since otherwise it would be possible to violate the rights of citizens, which would lead to liability of the enterprise management.
If the employer wants to dismiss a person working on a test, then official evidence is required that the specialist does not have the necessary qualifications or is unable to cope with the tasks.