Probation period of the employee

When working for a probationary period, it is necessary to check whether the duration and conditions of the probationary period correspond to the current labor legislation. According to Labor Code of the Russian Federation the probationary period of the employee, if any, was mandatory fixed in an employment contract before the applicant began to work.

Which of these can be inferred?

1. 
   Probation period of the employee - not an obligatory condition when hiring. You may be appointed or not appointed, it all depends on the employer.
2. 
   Before you go to work, you sign labor contract, which contains the condition of the test - if there is no such condition, then the trial period is not established.
3. 
   If you started work before signing an employment contract, the test condition can be included in thethe employment contract at signing it only if you and the employer have issued a separate agreement until the moment when you were actually admitted to work.

In this way, labor contract is the only document regulating the probation period of an employee. The condition of the test can not be ignored as a matter of course, can not be included in the contract retroactively.

However, there are categories of employees who are not allowed to set a probationary period. Among them:

• 
  minors (up to 18 years of age)
• 
  Young professionals
• 
  Persons elected for a position by a competitive bidding for a substitute or for an elected position for paid work
• 
  pregnant women or women with children under a year and a half
• 
  Persons transferred to this position from other work under the agreement of employers
• 
  Persons entering into an employment contract for a period of less than two months

If you belong to one of these categories, You do not have the right to determine the probationary period of an employee.

Length of trial period is also regulated by the Labor Code. Only the maximum duration is indicated; in fact, the probationary period of an employee may be shorter, the employer can even stop it early, if he decides that you are suitable for him.

Maximum length of trial period is:

• 
  three months for most categories of employees
• 
  six months for managerial positions: heads of organizations and their deputies, chief accountants and their deputies, heads of representative offices, branches and other units
• 
  Two weeks at the conclusion of the employment contract for a period of two months to six months

The time spent on a hospital, during the probationary period is not counted! If you were sick or absent from work for other reasons (for example, taking leave or leave at your own expense), these days are added to your probationary period.

During the probationary period, the employer has the right to dismiss the employee if he is not satisfied with his work. In doing so, he must to warn him about dismissal in writing not later than three days before the dismissal. The employer must specify the reasons for dismissaland to confirm them documentarily (for example, delays are confirmed by the report and explanatory). If you consider your dismissal to be groundless, you have the right to sue. If you leave during the probation period, severance pay is not paid.

If during the trial period you suddenly realize that this work does not suit you, you have the right to resign yourself, having terminated the employment contract at will. To do this, you need to warn the employer for three days in writing.

If the probationary period of the employee is over, and the employer does nothing, the employee is considered who passed the trial period and employed.

An unfair employer has come to you, if:

• 
  he invites you to pass a probationary period without entering into an employment contract
• 
  he offers you a too low salary for the probation period
• 
  instead of a probationary period, he will sign a fixed-term employment contract
• 
  he offers to pass unpaid education without an employment contract

Often the probationary period of an employee is an indispensable measure that can not be avoided anywhere. But the probation period you set must comply with labor law - Otherwise, the probability is high that an unscrupulous employer wants to save on you.