Trial period: the nuances of registration and passing. Probationary period (Labor Code of the Russian Federation)

Finding a job is half the battle; most of the “freshly settled” employees have a trial period ahead of them, which must be passed. And only after that it will be possible to breathe freely - the work has been received.

In essence, a probationary period is an opportunity to check whether you are suitable for this job and whether it suits you. But the crisis and the emerging “employer market” have their own rules: the job has become a reward, and the winner has the feeling that a line of people who want to get the same job has lined up behind him (or the employer successfully forms such a feeling). In fairness, we note that at all times, starting a new job was stressful. Let's see what makes up the successful completion of the probationary period.

By right

In the Labor Code of the Russian Federation (Bible of Worker's Rights), two capacious articles are devoted to the probationary period - 70th and 71st. We read carefully and draw conclusions.

Conclusion one : A probationary period may be set, but this is not a mandatory condition. You can be hired without a test. In principle, the trial period is set by agreement of the parties, but if you refuse to sign the contract in which it is established, then you simply ... will not get a job.

Second conclusion: if the employment contract does not say anything about a probationary period, then it is not established. It cannot be retroactively included in the contract. The opinion of the employer that the test is established for everyone and it is not necessary to specifically stipulate it can be ignored.

Conclusion three: the law lists the categories of employees for whom a probationary period is not established in principle, including pregnant women and women with children under the age of one and a half years; minors (under 18 years of age); young professionals (with the proviso that they must receive education at a university, college, etc. with state accreditation and for the first time go to work in their specialty). This is a direct indication of the law, which means that even if you sign an employment contract in which you will be given a probationary period, the contract in this paragraph is not valid.

Conclusion four: the test period shall not exceed three months. Less is possible - at least three days, more - no. Only managers, chief accountants and their deputies were unlucky - they can be set a trial period of up to six months, the work is such a responsible one. The specific period of probation set for you should be specified in the employment contract. But keep in mind that the time spent on sick leave does not count towards the probationary period. They fell ill for two weeks - they are added to the probationary period.

Conclusion five, disappointing: the probationary period is indeed established for a reason. If the employer is not satisfied with your work, then he has the right to terminate the employment contract with you, that is, simply dismiss you. To do this, the following conditions must be met: the contract is terminated before the expiration of the trial period, you must be warned of dismissal in writing no later than three days in advance and indicate the reasons. The employer may consider that you did your work poorly, missed deadlines, were late, and so on - all this should be spelled out. Moreover, the employer cannot take your mistakes and violations out of your head, but is obliged to document them. For example, you were late - there should be a memorandum and an explanatory note. If you believe that you have been dismissed unreasonably, you can appeal this decision in court. Just be realistic - you really could not cope with the work.

Conclusion six: if you decide that the job is not suitable for you, then you can quit by warning the employer - in writing - three days (instead of two weeks) in advance.

Seventh conclusion: if your probationary period has expired and the employer is silent, then you have passed. Links to forgetfulness are not accepted.

Eighth Conclusion: about money. From the point of view of the law, the popular formulations “for a trial period, the salary is 15,000 rubles, after 30,000 rubles” are not legitimate. In fact, a lower salary cannot be set for a probationary period. But the employer has a simple workaround - the contract sets you one salary (“trial”), and verbally promises that after it expires, the salary will be increased. A conscientious employer, after you successfully complete the probationary period, will offer to conclude an additional agreement, in which he will indicate the promised salary. And unscrupulous... Looks like a trap? Yes. You can only focus on the good reputation of the company and your common sense, and you should not agree to work with a salary below the lower limit.

Simple Tips

Our advice may seem naive to you, but we did not set ourselves the goal of making it universal and comprehensive. Rather, these are tips for beginners.

1. Get a diary or notebook. You have to receive and assimilate a lot of useful information in a short time. In addition to information that relates to your immediate professional duties, you still have to remember passwords, access codes, names, surnames and positions of colleagues, who sits where and is responsible for what, internal phones, and so on. It is much more convenient if you write everything down, and in one place.

2. Be proactive, but be careful. It is easier for a beginner to make small improvements in something, he is not constrained by the habit - "we have always done this, it is customary for us." But you may have useful experience on how best to organize a business, brought from a previous job. A fresh look is good, but before you promote your initiative, think about whether this innovation will negatively affect the work of "old-timer" colleagues. Do not try to undermine the foundations, the trial period is not the time for global transformations. But you will earn the gratitude of your colleagues if you can do something useful for everyone - for example, create a summary file of contacts that everyone needs and make it public and easy to use.

3. Consult. Each company has its own procedures, workflow and just its own “rules of the game”. It is impossible to get into everything at once. It's better to ask once than to redo all your day's work later or be embarrassed.

4. Advise in moderation. Do not torment your colleagues with endless questions, they also have work that they must do well and on time. If you need help, ask for "rods" and not "fish."

5. Maintain discipline. Arrive on time, leave not earlier than expected, do not spend a lot of time on smoke breaks and lunches. Sounds trite? But when people around you come to work an hour later than you, ask for time off and run away early, you really want to give yourself an indulgence. In such a situation, someone else’s example is not science for you, you don’t know how your colleagues deserved such a free attitude to the work schedule, you don’t know how they work during an emergency. “Weakening the regime” is possible only if the leader directly and on his own initiative allows you to do this. Leave work only as a last resort, explaining to your boss the reason and emphasizing that this is an exception for you.

6. Get ready for processing. And the reason is not at all in the arbitrariness of the employer. Remember how you took on some new serious business. How much time did you spend on it in the beginning? Everything had to be sorted out, penetrated, come up with the optimal “technology” for implementation, decide what materials, information, contacts, documents you need, understand what people make the decisions you need. And in a new place, at first it is difficult to even make a list of priorities.

7. Make a choice. The trial period is not only for you, but also for the company. The employer evaluates you, and you decide whether this company, position, team, and even boss is right for you. You will definitely have difficult moments, a period of getting used to, usually the first two or three weeks are especially difficult, and you should not make sudden movements at this time. But in three months it is quite possible to decide whether you can work comfortably in this place or not? Do not suffer and do not expect that the probationary period will end, and everything will be settled - there are things that cannot be "corrected".

You are finally getting a new job! The offer was accepted, the contract was signed, numerous interviews were left behind. However, now an equally important period awaits you - a trial period, during which you and the employer will look at each other and decide whether you made the right choice.

Use the advice of Antal Russia to successfully pass this crucial stage.

1. You won't get a second chance to make a first impression, so be prepared to meet new colleagues.

On the first day, you need to pay special attention to appearance, as there are many acquaintances.
Think of a short story about yourself. When you first meet, you will often be asked to introduce yourself to the team, to the entire office, to the board of directors, and so on. A good impression is left by people who know how to succinctly and not boringly tell about themselves. It should not just be a listing of previous jobs, but something else about personal hobbies, some interesting facts about yourself.

2. Familiarize yourself with corporate standards (dress code, work schedule, etc.), company values and mission, code of conduct. Follow them in your work.

If there is no objectively high workload, try to keep the work schedule, both in terms of arrival and departure time, so as not to cause unnecessary questions and doubts from management and colleagues.
Find out how it is customary to address you / you / by name and patronymic.

3. Prepare all the necessary documents for HR in advance before going to work. Perhaps additional certificates or permits are needed, the preparation of which takes time.

4. In the first days, discuss with your manager exactly what tasks you need to solve, what KPIs to complete in order to successfully pass the probationary period.

It is not necessary to formalize this with signatures and a seal, it is enough to send a short summary of the agreements by e-mail to the manager and ask for comment on whether everything is recorded correctly.
There will be many and different tasks, but it is important to prioritize correctly, including taking into account the KPIs that will be assessed.

5. Calculate your strengths, do not make promises to fulfill what you cannot do. Know how to say a reasoned “no”, subsequently it will be very difficult to change the model of behavior and vision of yourself in the eyes of management and colleagues.

6. Establish effective working communication with all stakeholders (colleagues, management, related departments, suppliers).

If you are a leader / manager, show reasonable initiative, be the first to contact.
Be careful in dealing with colleagues. Before revealing your vibrant personality, understand the company's internal structure and interaction patterns.
Be polite and welcoming. Do not criticize colleagues and predecessors, keep a neutral position as much as possible.
In the process of transferring cases from a predecessor or colleagues, absorb facts, not emotions.

7. Do not abuse memories of the previous company. All ideas that are expressed should be as specific as possible, not abstract.

8. Don't be afraid to ask, but write down important information so that you don't ask again and annoy people, but go back to your notes.

9. It is important to ask for and give constructive feedback. Don't wait until your probationary period is over to see what your boss thinks of your job. Initiate such a meeting around the middle of the term to discuss how the process of "entering" the position is going.

10. Try to convey to management and colleagues information about the benefits your work brings to the company, note the positive changes that have occurred thanks to you, but choose the correct form and time for submitting such information. It is important not to overdo it so that it does not look like boasting and does not cause a negative reaction.

Remember that the trial period is a mutual process. It is needed not only to check you, but also to make sure that you have chosen the right employer.

* The probationary period is legally regulated by Articles 70 and 71 of the Labor Code of the Russian Federation.

Almost every able-bodied Russian once has to find a new job. Most of the newly minted workers in their employment contract find a clause on the mandatory passage of a probationary period. Labor law provides for some exceptions. The employing company is in principle deprived of the right to arrange test periods for certain categories of citizens. Unfortunately, not all working citizens are familiar with their rights in the sphere of work, know how to use and defend them. Such situations lead to abuse by unscrupulous employers.

What is a probationary period

The concept of a probationary period is regulated by articles 70 and 71 of the Labor Code of the Russian Federation. The probationary period is the time allotted for the employer to evaluate in practice the professional skills and personal qualities of the newly accepted candidate. The duration of the probationary period may vary and depends on the level of the position for which the employee was hired, as well as on the nature of the work performed. The condition for the presence of a probationary period when applying for a job is mandatory prescribed in the employment contract with the citizen being hired. In turn, the employee also has the right to use this period of test work in order to evaluate factors that are significant for him, for example, working conditions, the mood in the work team, the characteristics of colleagues and immediate supervisor. If one of the parties finds that something does not suit her, the employment contract can be terminated. The initiator of the termination of the contract can be both the employee and the employer.

Video: probationary period for employment

Is a probationary period included in the length of service?

The probationary period is included in the length of service, and a record that the employee has started work for a probationary period is not entered in the work book. After signing the employment contract, the enterprise issues an appropriate order, on the basis of which a standard entry is made in the work book about hiring in a specific position.

So that a newly minted employee can avoid unnecessary worry about whether the probationary period is included in the length of service in each particular case or not, he is recommended to make every necessary effort to receive a signed employment contract in the very first days at a new place.

How is a probationary period different from an internship?

The difference between an internship and a probationary period is the term for concluding an employment contract. In the case of a probationary period, an employment contract is concluded before the start of direct labor activity, and an internship implies that an employment contract will or will not be signed by the parties based on the results of the internship. If specialists of any level, up to directors and top managers, can take a probationary period, then as a rule, recent graduates who are employed for the first time participate in internships. There are also internships for employees who have radically changed their field of activity and do not yet have sufficient qualifications in a new type of activity.

The Labor Code of the Russian Federation informs that the employer is supposed to conclude a fixed-term employment contract with the intern. Otherwise, the procedure for passing the internship, as well as its content and the conditions under which the internship is considered successfully completed, are determined individually in each organization. The relevant rules are fixed in the local documentation of the enterprise.

Video: what is an internship

Probationary period

The duration of the entrance examination period may vary depending on the position held, the nature of the work, as well as other internal conditions at the enterprise where the employee is employed.

Maximum and minimum probation period

In most cases, for ordinary positions, the probationary period cannot last longer than three months. Employees recruited to senior positions are subject to close management scrutiny for a six-month period. If a probationary period is included in a fixed-term contract lasting from two to six months, such probationary period may not last longer than two weeks. Periods of temporary incapacity for work for any reason, as well as days on which the employee was absent from the workplace, are not taken into account for the probationary period.

Can the trial period be extended?

In some cases, the employer may take the initiative to increase the length of the probationary period. From the employer's point of view, the need to extend the test period for a new employee may arise if, after the agreed period of work, the employer has not been able to verify that the candidate's qualification level meets the requirements, or if the employer is not sure that the adaptation of the new employee in the team was successful. Regarding the legality of extending the test period of work, there are two opposing opinions.

Supporters of the ban on extending the period under review include, in particular, the Federal Service for Labor and Employment. Such an addition to an already concluded contract will be considered void, since it will mean a deterioration in the position of the employee compared to previously agreed conditions (see Letter of Rostrud dated 02.03.2011 N 520–6-1 and). However, federal laws allow some exceptions to this rule. So, in accordance with the provisions of the Federal Law of January 17, 1992 N 2202-1 "On the Prosecutor's Office", citizens who have entered the service of the prosecutor's office can receive an extension of the probationary period within six calendar months by agreement of the parties. At the same time, an additionally appointed trial period must also be documented and with the consent of both parties to the transaction. Most often, an additional agreement to the main contract is used for this.

Labor law specialists who consider the extension of the probationary period legitimate argue their position as follows. The general rule set forth in Article 72 of the Labor Code of the Russian Federation allows for amendments to certain conditions of an employment contract by mutual agreement of the parties. At the same time, for each of the categories of workers, the maximum duration of labor tests is legally established. Thus, if the employer has received the consent of the employee to extend the probationary period, they can conclude an additional agreement to the main labor contract. The main condition of this agreement will be that the extended trial period will not exceed the terms specified in the legislation for this category of workers.

Early termination of the trial period

Early termination of the probationary period is possible when the employer wants to reward the accepted employee for special success during the test trials. As in the case of the extension of the probationary period, its early termination requires appropriate documentation and the consent of both parties. The employer and the employee enter into an agreement on the early termination of the probationary period (see clarification by the Federal Service for Labor and Employment N 1329-6-1 of May 17, 2011).

In addition, there are a number of other reasons for the early termination of trials. These reasons are not related to the direct results of the employee's activities in the workplace:

the employee was admitted to study at a higher educational institution;
the employee found a relative in need of constant care;
the newly hired employee provided documents confirming pregnancy or the presence of a child under the age of one and a half years.

Features of the installation and passage of a probationary period for certain categories of workers

For some categories of citizens in determining the procedure for passing the probationary period, there are some features. These categories include, in particular, public civil servants, seasonal workers, persons working part-time.

Features of the organization of the probationary period for civil servants are regulated by Article 27 of the Federal Law "On the State Civil Service of the Russian Federation". In the case when a citizen is first accepted into the civil service, the duration of the test period of work for him can vary from one to twelve months. For specialists who already have work experience in state structures, appointed to a new position in the order of transfer from another state organization, the duration of the trial period is from one to six months. From one to twelve months, an employee appointed to such a public position may also be tested, the decision on accepting and dismissing from it can only be taken by the President or the Government of the Russian Federation. If the employer considers the test results unsatisfactory, the service contract with the employee may be terminated. An appropriate written notice indicating the reasons for termination must be received by the employee no later than three days before the date of termination of the contract.

Employment contracts for employees for the season most often differ in short duration. For a contract lasting from two to six months, the period for checking the competencies of an employee cannot exceed two weeks. If the contract is concluded for a period of not more than two months, a probationary period cannot be established in principle.

For persons working part-time, various situations are possible when the appointment of a probationary period is regulated by general rules, as well as when the appointment of a probationary period is in principle illegal. In particular, if an employee is employed part-time in a company that is not his main employer, a probationary period may be assigned to him in this company on a general basis. If the employee plans to combine two similar activities in one enterprise, the appointment of a probationary period will be illegal, since the employee has already proven his competence.

Video: labor rights for pregnant women

Regulation on probation

The legislation does not require the creation of a separate provision on the probationary period, however, many companies practice issuing such a local regulation. This document describes in as much detail as possible the procedure for organizing a probationary period for newly hired employees. In particular, from it you can find out who is obliged to draw up a task for the probationary period, who, in what time frame and by what principles evaluates the success of the candidate in the probationary period, and so on. The following is a sample probation statement.

Regulation on probation. Sample.
1. GENERAL PROVISIONS.
1.1. The probationary period is the last stage in assessing the professional suitability of a candidate for a vacancy.
1.2. The purpose of the probationary period is to check the compliance of the specialist with the activity assigned to him directly in the working environment.
1.3. The probationary period shall not exceed three months.
1.4. The duration of the probationary period is indicated in the employment contract and in the order for employment (Articles 68, 70 of the Labor Code of the Russian Federation).
1.5. The probationary period does not include a period of temporary disability and other periods when the employee was absent from work for good reasons (Article 70 of the Labor Code of the Russian Federation).
1.6. The trial period may be reduced to a duration of at least 1 month. The basis for reducing the probationary period is the decision of the Rector (or First Vice-Rector) of the University, confirmed by satisfactory test results.
1.7. If the result of the test is unsatisfactory, the dismissal of the employee is carried out at the initiative of the university administration without the consent of the trade union body and without the payment of severance pay, with the wording "as if he did not pass the test" (Article 71 of the Labor Code of the Russian Federation).
1.8. If the probationary period has expired, and the employee continues to work, he is considered to have passed the probation. Subsequent termination of the employment contract is carried out only on a general basis (Article 71 of the Labor Code of the Russian Federation).
2. ORDER OF PASSING THE PROBATION PERIOD.
2.1. On the first day after the newly hired employee enters work, the immediate supervisor:
2.1.1. Conducts an informational conversation about the conditions of professional activity (Appendix 3);
2.1.2. Introduces the new employee to the job description. The employee certifies with his signature that he is familiar with the job description, agrees to perform the functional duties listed therein. The job description is issued to the employee. A copy signed by the employee remains with the immediate supervisor;
2.1.3. Introduces the employee to the Regulations on the division and other local acts regulating the activities of the division and the activities of the employee.
2.1.4. Appoints a curator - an employee of the unit who has worked in this position for at least six months or the most qualified employee of the unit, and in the absence of such, supervision is assigned to the immediate supervisor or head of the unit;
2.1.5. If a probationary period is established for an employee accepted for the position of head of a structural unit or vice-rector, then the most qualified employee of this unit or another higher manager, immediate supervisor and head of the unit - the dean of the faculty, vice-rector by affiliation, or the rector of the university can be appointed curator.
2.2. Organization of probation.
2.2.1. Passing the probationary period can take place in one (if, with successful work during the first month of the probationary period, the latter was reduced to 1 month) or two stages (if the probationary period was not reduced).
2.2.2. The immediate supervisor with a new employee, during the first three days after starting work, draw up a work plan in accordance with the job description for the first month of the probationary period (Appendix 1). The work plan of a new employee is approved by the head of the unit, signed by the employee and agreed with the vice-rector for affiliation (rector or chief accountant). The plan must be with the employee and the immediate supervisor.
2.2.3. Three days before the end of the first month of the probationary period, the immediate supervisor, the curator and the employee discuss the compliance of the specific results achieved with the set goals (work plan).
2.2.4. Not later than one day before the end of the first month of the probationary period, the immediate supervisor draws up an informational and analytical note on the results achieved by the employee (Appendix 2) for the first month of the probationary period and gives the conclusion “passed the tests and the probationary period can be reduced to 1 month” or "The test did not pass, the trial period remains the same." If the probationary period does not exceed one month, then a conclusion is given “test passed” or “test did not pass”. The conclusion is agreed with the head of the unit and the vice-rector by affiliation (rector or chief accountant) and transferred to the personnel department for further work.
2.2.5. If the probationary period has not been reduced to 1 month, then at the beginning of the next stage, the employee's work plan for the remaining period is also drawn up in accordance with clause 2.2.2. of this provision. Not later than 7 days before the end of the probationary period, the immediate supervisor, curator and employee discuss the compliance of specific results achieved with the work plan. The immediate supervisor draws up an information and analytical note on the results achieved by the employee for the subsequent stage of passing the test, and gives a conclusion “passed the test” or “failed the test”. The conclusion is agreed with the head of the department and the vice-rector of the affiliation and transferred to the personnel department for further work no later than 5 days before the end of the probationary period.
2.2.6. The original plans for passing the probationary period and information and analytical notes are transferred to the personnel department and stored in the employee's personal file.
Applications:
1. Annex 1. "Plan of the work of the employee during the probationary period."
2. Appendix 2. "Information and analytical note on the results of the probationary period."
3. Annex 3. "Matrix for determining the levels of functional duties."
4. Annex 4. "The scheme of the interview with the employee at the time of going to work."
AGREED:
First Vice-Rector __________________________
Head of Human Resources ______________________
Lawyer _____________________________________
Chairman of the trade union committee of employees _______________
Annex 1.
"AGREED" "APPROVE"
Vice-rector Head of department
_______________________ ________________________
"____" _______________ 200__ "___" ______________ 200__

Who should not be placed on probation

According to the Labor Code of the Russian Federation, for some categories of working citizens, a probationary period cannot be established in principle (see Part 4 of Article 70 of the Labor Code of the Russian Federation). These privileged categories include, in particular, the following:

Persons selected to fill a vacant position through a competition held in accordance with the requirements of the legislation or local acts of the enterprise. Appointment of a probationary period under such circumstances may provoke the emergence of labor disputes.
Women who are pregnant or raising one or more children under the age of one and a half years, while the children can be both consanguineous and adopted.
Employees under the age of eighteen.
Citizens entering the first place of work after graduating from a vocational education institution within a year from the date of graduation.
Citizens elected to elective office for paid work.
Citizens moving to a new job in the order of transfer from another employer as agreed between the heads of companies.
Citizens with whom an employment contract has been concluded for a period of not more than two months.

The legislation also provides for other cases of categories of beneficiaries:

citizens who have successfully completed training and enter into an employment contract with the employer from whom they were trained;
citizens employed in alternative civil service;
civil servants appointed to a new position by transfer caused by the liquidation or reorganization of the former employer organization.

If the employer unknowingly established a probationary period for an employee belonging to one of the privileged categories, that is, for an employee for whom a probationary period cannot be established in principle, it is necessary immediately, as soon as the fact of belonging to beneficiaries is revealed, to draw up an additional agreement to the contract on employment, in which to prescribe a condition that annuls the probationary clause. This can be done, for example, when pregnancy is detected in a newly hired employee. Employers should remember that they face administrative and, in some cases, criminal liability for violating the provisions of the Labor Code of the Russian Federation.

Making an employee on probation

When accepting an employee for work with the condition of mandatory passing of a probationary period, the employer must correctly prepare all the necessary documents and include in the employment contract, including a clause on the availability of preliminary tests for a newly hired employee. Otherwise, labor disputes and litigation may arise.

How to draw up an employment contract with a trial period

The employment contract must contain a clause stating that the employee will have to go through a probationary period to confirm qualifications. There can be no separate contracts for a trial period. Some employers offer to sign an internship agreement first. Such behavior is a sign of dishonesty of the employer. According to the law, an employment contract must be prepared no later than three days from the date of entry to work. A sample employment contract with a three-month trial period is easy to download from the link.

Video: Popular probation questions

Liability agreement for the period of probation

During the probationary period, the provisions of the Labor Code of the Russian Federation and other regulatory legal acts that determine the norms of labor law apply to the employee. Accordingly, an agreement on liability can be concluded with an employee already during the probationary period, if there is such a need and the position falls into the list of positions for which the conclusion of such an agreement is mandatory.

Assignment for probation

The probation assignment serves several purposes. First of all, a specifically formulated task helps a new employee to better understand their tasks in a new place and get up to speed. On the other hand, the company uses this task to assess the level of professionalism of a newly hired specialist. The fact is that it is impossible to dismiss an employee who has not coped with the test period without a clear evidence base and documentary evidence of his incompetence, therefore, the assessment of the performance of an employee during a trial period in the employer company should be taken very seriously.

The content of the test task may be different depending on the nature of the work. Such a task may include both the requirement to follow the most detailed instructions, for example, for working with a cash register, and leave room for creativity. In general, it is recommended to include in the task the most significant points for this position and for the company as a whole. A sample assignment for a trial period is shown in the illustration below.

The task for the probationary period may include those items, the implementation of which is most significant for management.

Features of establishing a probationary period when transferring to another position

When transferring to another position, a probationary period may be established if the duties to be performed by the employee in this new position are fundamentally different from his previous activities within the company. Unfortunately, a situation is common when an employee is offered to undergo a probationary period when being transferred to a higher position. It is important to know that such behavior of the employer is not legal. The trial period, according to the Labor Code of the Russian Federation, is not mandatory and can only be assigned to new employees. An employee who has received a promotion can be returned to his previous position or dismissed if the fact of his inconsistency with the new position is revealed.

The result of the probationary period and its staffing

After the parties sign the employment contract, which states that the employee is accepted subject to the probationary period, the personnel department of the enterprise issues an appropriate order. At the end of the probation period, the company issues special documents confirming the success or failure of the new employee to pass the test period.

Probation period report

Many enterprises today have adopted the practice of creating a final report on the passage of a probationary period by an employee who has passed the test. In such a report, the employee discloses the following questions:

the difficulties and problems that the employee encountered in the course of work, the ways in which he tried to solve them;
which of the assigned tasks the employee was able to complete;
what tasks the employee failed to cope with during work and for what reasons;
What did the employee learn during their work?

A detailed report will help both the employee and his immediate supervisor to better analyze the work. It is recommended to draw up a report not on the last day of the probationary period, but in advance. In this case, you can find weaknesses in the work and have time to eliminate them before a decision is made. The illustration below shows an example of a report on the work in the test period.

Reports can be formatted in a variety of ways.

Characteristics of the employee after the verification period

The characteristic of the employee is the immediate supervisor or mentor who worked with the new employee during the trial period. This document indicates that the specialist knew and was able at the time of taking office, what tasks were assigned to him for the trial period, how he showed himself in the course of performing work tasks, what strengths and weaknesses of the personality he demonstrated. The characteristic ends with general conclusions, forecasts and recommendations.

Conclusion on passing the probationary period

Some companies have adopted the practice of collegial decision-making on the passage of a probationary period. An assessment of the employee's qualifications and his achievements is requested from all specialists and managers with whom he dealt during the test. The final decision is made by the immediate supervisor, but this practice allows you to take into account the whole range of opinions and get a complete picture of the new employee. The documented decision is called the conclusion on the passage of the probationary period.

The conclusion can be drawn up in the form as it is accepted at a particular enterprise.

Order on the end of the probationary period upon successful completion

The issuance of an order to end the probationary period upon successful completion is not mandatory. The employee simply continues to work at the enterprise further.

Actions of the employer in case of failure of the employee to pass the probationary period

The reasons for not passing the probationary period may be different. An employee, from the point of view of the employer, may not confirm his level of qualification, may not find a common language with colleagues, may violate labor discipline or provoke some unpleasant situations for business. In any case, an employer cannot fire an employee simply because he does not like him in some way. Dismissal during the probationary period must be supported by objective facts and documentary evidence confirming that the employee really cannot cope with the activities entrusted to him. Such documentary evidence may include a task plan for a trial period, a report on the passage of a trial period, memorandums from the immediate supervisor, feedback from colleagues and clients. It is very important not only to explain to the employee why the probationary period has not been recognized as passed, but to get his agreement with these explanations. Otherwise, the dismissed employee may file an application with the court. If the company fails to correctly justify the decision to dismiss, the employee will have to be taken back, and all expenses incurred by him will be compensated, including the lost wages for the period when the employee was considered dismissed.

In case of dismissal due to a negative test result, the employee receives a corresponding notification three days before the dismissal. In some cases, by agreement with the employer, dismissal can occur on the same day, that is, without any working off.

Video: dismissal upon failure to pass the probationary period

What rights and obligations does an employee have during the probationary period?

The rights and obligations of an employee accepted under the condition of passing a probationary period are regulated by the Labor Code of the Russian Federation and are no different from the rights and obligations of other working citizens. The probationary worker is entitled to the following preferences:

timely payment of wages, bonuses, allowances for overtime work, as well as other incentive payments, if any are provided for by the terms of the contract;
access to sick leave and receiving insurance payments during a period of temporary disability.
the use of unpaid leave at its own expense or the use of days on account of future leave, while the employer has the right to refuse to grant leave in accordance with the law (if the decision does not run counter to Article 128 of the Labor Code of the Russian Federation);
receiving up to five unpaid days off at the birth of a child;
voluntarily dismissal at any time before the end of the probationary period.

New employee responsibilities include:

fulfillment of the terms of the employment contract;
performance of work obligations in accordance with the job description;
compliance with the requirements of labor discipline and the internal regulations of the employing company, as well as fire safety requirements.

Is it possible to take sick leave or vacation during the probationary period?

An employee on probation has the right to take sick leave during a period of temporary disability. With the permission of the head, during the probationary period, you can take a vacation at your own expense, as well as a vacation on account of a future paid vacation. This time is not included in the probationary period and upon returning to the workplace, the countdown of the days of the probationary period resumes.

The amount of sick leave payment is determined based on the length of service of the employee and from this average daily earnings. The accounting department can find out the length of service from the work book, and earnings are affected by both the salary at the current job and payments at the same place, which are easy to assess using the 2-personal income tax certificate.

An employee who is on sick leave and wants to quit the probationary period must first close the sick leave. Dismissing an employee while he is on sick leave is illegal. In addition, the employer is obliged to pay the hospital employee for another 30 days from the date of dismissal, provided that the employee has not found a new job during this time.

Is it possible to fire a pregnant employee on probation?

The dismissal of an employee who, during the probationary period, discovered that she was expecting a child, is illegal if it occurs at the initiative of the employer. A pregnant woman can only be fired at her own request. Moreover, the very appointment of a probationary period for a pregnant employee is illegitimate. Upon confirmation of the fact of pregnancy, the probationary period must be canceled by an additional agreement to the concluded employment contract.

Salary on probation

An employee on a probationary period is entitled to a salary, from which the employer is obliged to pay all mandatory taxes to the budget, including income tax. Many Russian enterprises are trying to evade paying taxes by offering only part of their salary payments in "white" money with official registration. Unfortunately, employees often agree to such unfavorable conditions for them. Many employers also offer a reduced salary for a trial period with the promise of a pay raise upon successful completion of the trial period. From the point of view of the Labor Code of the Russian Federation, such an offer is also not legitimate, but rarely any of the employees decides to enter into conflict with the employer for this reason.

Video: probationary salary

Pros and cons of a probationary period for the employee and for the employer

The probationary period is provided for by law so that both parties involved in the conclusion of an employment contract have the opportunity to evaluate each other and, if necessary, part with minimal losses. This opportunity can be considered an absolute plus for both the employee and the employer. Upon dismissal from a probationary period, an employee is not required to work for two weeks, and the employer has the opportunity to evaluate the qualities of a candidate not only from his words at the interview, but also in practice.

Among the disadvantages for the employee is the fact that many employers offer a reduced salary for the period of the probationary period. On the other hand, the employer bears an increased burden caused by the need to allocate additional resources to introduce a new employee to a position and test his skills and abilities.

When working in a test mode, an employee may experience some psychological discomfort, since the result of his actions determines his future in this job. The employing company, concluding an agreement with a new employee, always runs the risk of getting litigation upon dismissal under Article 71 of the Labor Code of the Russian Federation.

In general, the balance of positive and negative aspects of the application of the probationary period allows both parties to use it with the greatest benefit for themselves.

The requirement to pass a probationary period for employment in Russian companies is not mandatory. from the point of view of the Labor Code of the Russian Federation. However, many employers are happy to use this opportunity to properly study a new employee, as well as save some money on his salary, at least in the first months of his work. Employees take this requirement for granted and do not try to dictate their terms to the employer. Thus, the very concept of a probationary period has firmly entered the practice of work and is actively used throughout Russia.

A probationary period at a new job is undoubtedly a difficult period for any specialist - both a yesterday's university graduate and a mature professional. How to pass a series of trials with honor and prove to the employer that he was not mistaken in accepting you into the company?

To quickly stop being a pig in a poke for a new leader, heed the advice.

Work for your reputation
Practice shows that today it is almost impossible to get a job without a probationary period. And this is understandable: any leader wants to be sure of the competence of a new employee, that he will benefit the company. According to Russian labor legislation, the procedure for dismissing an employee is very difficult. Therefore, with the help of a trial period, the employer is reinsured - in case the recruiter makes a mistake and the newcomer turns out to be, as they say, in the wrong place.

Theoretically, a specialist has legal grounds for refusing tests, but such a candidate in the eyes of the employer instantly moves from the category of promising to the category of problematic ones. This hardly promises you further successful work in the company. However, there are certain categories of workers for whom, according to, a probationary period is not established. These are pregnant women, women with children under the age of one and a half years, candidates under the age of 18, young professionals, those who are hired by competition, and others (see the Labor Code of the Russian Federation).

If you are not related to the listed categories, be prepared to prove yourself in the very first weeks of work. At first, you will have to work for a reputation as a knowledgeable professional and responsible colleague. As a rule, and for managers, their deputies and chief accountants - six months.

Make an entry plan
It is important to understand that the way to a leader's heart is through good work. A suitable suit and punctuality are, of course, important for creating a business image, but the most important thing during a probationary period is to quickly get into work and prove yourself in business. It is unlikely that you will be able to achieve record sales in the first month of work or independently implement an important project for the company. However, you must take at least the first steps towards achieving those ambitious goals that you told the recruiter about at the interview.

Perhaps the ideal start is to draw up an individual plan for your work during the trial period. This document will be a kind of addition to the job description, that is, a schedule for your entry into the position. Usually, it describes in general terms the tasks that a new specialist must solve during the probationary period, the timing of their implementation, as well as the criteria for evaluating his work - for example, the number of attracted customers, sales volume, the number of articles written, etc.

Your supervisor can draw up a work plan for a trial period together with a specialist in the personnel department. Having received such a document, discuss the details with your boss or your mentor: with whom you can cooperate on certain issues, where to look for the information necessary for work.

Set goals and deadlines
However, a newcomer does not always find himself in such favorable circumstances: unfortunately, in Russian companies, the schedule for taking up a position is still more of a rarity than an everyday practice. Nevertheless, you may well invite your manager to plan your work together for the first weeks or months. Most likely, such a conversation will be of a strategic nature - you will discuss goals, projects, contacts, deadlines...

The results of such a detailed conversation do not have to be formalized in the form of an official document with a signature and seal. And yet, do not rely on memory - it is better to fix the main tasks and deadlines in a notebook.

Show your best side
During the trial period, you need to show all your strengths. Surely you already know what you do best - for example, preparing summary analytical tables or writing "diplomatic" letters. Perhaps personal charisma helps you conduct personal negotiations with clients. Or you have a talent for organizing events and never forget a single detail.

Decide which of your qualities deserve to be emphasized. If there is no corresponding instruction from the head, try to organize it. “It seems to me that the results of this half of the year will best look in the table: it will be possible to compare with the previous period. And our achievements will be clearly visible!” - the manager will surely appreciate such an offer, and you will be able to show your best side.

Don't be afraid to take the initiative
The initiative is punishable, they liked to say in Soviet times. Now the situation has changed: in progressive companies, an enterprising employee has not been perceived as a troublemaker for a long time. On the contrary, reasonable proposals, a fresh look and interesting ideas will most likely be appreciated by your manager.

But if it seems to you that the department in which you work is doing something wrong or inefficiently, do not criticize the common cause. Take a look: what if you're wrong? All comments and suggestions should be made as correctly as possible, emphasizing the achievements, and not the mistakes of colleagues.

Keep your tone
You don't have to be superhuman to successfully pass the probationary period. It is enough to work with full dedication, to fulfill all the instructions of the head, not to be late, to dress in accordance with the position, to be friendly and responsible.

Let's say that's exactly what you were for a whole month - almost half of the trial period! But time goes by, and now you have already become one of the team members, cope with most of the assignments, find out where colleagues have lunch, etc. It would seem that you can relax a little - sit in social network leaving early on Friday...

But do not rush! The adaptation period and the probationary period are not the same thing. The manager will evaluate all your achievements and mistakes at the end of the test period, taking into account all the little things. Therefore, keep your tone: for sure you still have a lot to learn in a new place. And forget about social networks and long smoke breaks: these work time killers will not help you make a career.

If you get sick
What if you get sick during the probationary period? Of course, this is annoying: the new team is not expecting a sick leave from you, but, for example, a quarterly report. Nevertheless, do not despair: we are all people, and everyone can be on sick leave at the most inopportune time for this. Keep in mind that if you go on sick leave, your probation is automatically extended by as many days as you were actually absent.

If suddenly it didn't work out
As a rule, interviews with candidates are a good filter for selection - most of the employees accepted into the company successfully pass the probationary period. But sometimes it also happens that newcomers get lost, do not cope with tasks, and employers decide not to continue working with them. In this case, the employee must be warned about the upcoming dismissal not two weeks in advance, but three days in advance.

At the same time, the employee must receive a written justification for such a decision, but in addition to this, it is worth trying to speak frankly with the former manager and find out what caused it. The point may be in the shortcomings of the beginner, but other explanations are quite possible, for example, a conflict in the team. In any case, it is worth analyzing your behavior and conducting internal “work on the mistakes”.

Remember that the probationary period gives certain rights not only to the employer, but also to the employee. It is possible that during the probationary period you will realize that the work does not give you pleasure, and decide to leave the company. By law, in this case, you are not required to work out the usual two weeks for dismissal - it is enough to notify the manager in writing three days in advance.

Whatever happens during your probationary period, stay optimistic: you have gained another precious piece of experience, and this will undoubtedly make the path to your dream job a shorter one.

We will work on the mistakes using the examples of some test subjects who were not hired in the end.

1. Legal ignorance

The provision on the probationary period is spelled out in the Labor Code - its knowledge will help you defend your rights during the probationary period and after it. Of course, there are personal moments and the boss's priority in these matters, but knowledge of the law gives greater confidence in one's security.

2. Ignorance of the procedures established in the company .

Were you accepted with a probationary period, but they didn’t tell you about the working hours, about the time of the lunch break and other things? Ask yourself what time to come to work, when and where you can drink tea, at what hours you can turn to your superiors with a question, and when is it better to "not meddle". Such curiosity will by no means be superfluous, because each organization has its own nuances (someone holds a meeting in the morning, someone at the end of the working day, and so on).

3. With your charter in a strange monastery

If you already worked somewhere before the device, you should not bring the usual procedures into a new organization. Expressing dissatisfaction with the organization of work or the attitude of superiors will not add points to you, but rather reduce your chances of getting a permanent job. With your comments, you will bring dissonance to a well-coordinated team, and neither the employees nor the boss will like it. If much does not suit you, it is better to draw your own conclusions and get used to the new order or quit without waiting for the end of the probationary period.

4. No interest in work

Perhaps this job is not interesting for you, and you are going to work only because of the money. Be aware that the employer sees these things right away, and such employees are most often not taken on a permanent basis. Therefore, try to find something interesting for yourself in your work, delve into the nuances and ask your colleagues what they like about their work. Perhaps this will inspire you too. The employer is primarily interested in employees who can and want to work.

5. Fear of making mistakes

Realize that newbies often make mistakes and be prepared for the fact that you will have to answer for your mistakes. The most important thing in this case is not to shift the blame on others, but to honestly admit your shortcomings. This will immediately put you in a winning position, because honest and responsible people are always highly valued. In addition, a mistake is another pebble in the treasury of experience, and this is a valuable acquisition. We conclude: more mistakes - more experience.

6. Closedness from people

You are a beginner, and you don’t know much even in trifles - so ask others about it. Employees who act as such experts will be happy to help you adapt to a new place. You may have to work with colleagues for more than one year, so it’s better to start building friendly relationships with them right away. In the end, you are not on the front line, but in your future team.

7. Ethics of the hostel

Loud music from speakers, an eccentric outfit, frequent time off from work, or being repeatedly late during a probationary period may well be the reason for dismissal. According to your boss, work is a place where everyone should work, and nothing else. If this becomes your conviction, your career is guaranteed.