Trial period: Legal aspects and typical errors. Why do you need a trial period when taking a job? Important features of design

The trial period is an opportunity for both the employee, and to estimate the employer how much they fit each other. However, employers, assigning a test, often violate the Labor Code of the Russian Federation. And there are separate, not too decent employers who use a trial period to hire workers on a reduced salary. And then, the dismissal of the previous employee, as not past the trial period, hire the following.

The sad experience of workers, deceived by employers, was widely publicized. As a result, concerned citizens are already on the first interview, the personnelists are asked: how much do they pay on the probationary period and do they pay for a trial period in the company at all?

It is clear that it is impossible to know how the employer behaves after the expiration of the adaptation period of the new employee. But how to protect your rights, fight with dishonest employers and what to pay attention to when you conclude an employment contract with a trial period - we will talk about this and talk.

Situation 1. Who can not be assigned a test

The young expert graduated from the Institute half a year ago. Previously worked, but for the first time it is set to work on the specialty received. He is prescribed a trial period. Is it legitimate?

Let's start with the fact that the test can be assigned only by mutual consent of the employee and the employer. This is provided article 70 TK RF, where it is said: "When concluding an employment contract in it agreement party A condition for testing an employee may be envisaged in order to verify its compliance of the commissioned work. " That is, without the consent of the employee, the trial period cannot be appointed. Of course, the applicant is hardly able to use this right - most likely, he will not be taken to work if he tries to start a career with such disagreement. But there are categories of workers who are not allowed to prescribe such a trial period to be permitted even with their consent. Test when receiving work is not installed for:

pregnant women and women who have children under the age of one and a half years;
persons elected by the competition for replacing the relevant position;
persons under the age of 18;
persons who graduated with state accreditation educational institutions of primary, secondary and higher vocational education and for the first time entering the specialty received for one year since the end of the educational institution;
individuals elected to the elective post on paid work;
persons invited to work in order of translation from another employer in coordination between employers;
persons conclude an employment contract for the period up to two months.

Therefore, despite the fact that a young specialist from our example has already worked, to establish a test to him wrong. And even if he signed a contract, which contains such a condition, to dismiss him how the employer cannot be checked.

Situation 2. Labor contract with probation

The specialist got a job. The employer warned him about the probationary period. An employment contract was signed. But there was not a word about the assignment of the test. What are the consequences?

If the test period is prescribed, then it must be spelled out in the employment contract. In the Labor Code of the Russian Federation, it is said that the absence of such a condition in the labor agreement means that the employee was hired without a special period of adaptation and evaluation. Even if there is an order for the purpose of the test, dismiss the employee as not the past probationary period, it will be impossible. Both the workpiece or court, comparing order and the contract, deems a significant disruption in the contract of the corresponding item. In this case, the court certainly recognizes the appointment of the test term invalid.

Situation 3. Urgent employment contract for testing

The employee was offered for the time of the test period to conclude an urgent employment contract for two months. Upon his passage, the contract will either be renewed to the permanent, or will not be concluded if the employee does not pass the test. Is it legal?

IN article 58 of the Labor Code of the Russian Federation Black is written in black: "It is prohibited to conclude urgent employment contracts in order to evade the provision of rights and guarantees provided for for employees with whom the employment contract for an indefinite period of time is." And the conclusion of an urgent contract, instead of registration of the test, it falls under such cases. Moreover, the Plenum of the Supreme Court of the Russian Federation in its decree dated March 17, 2004 No. 2 recommended the courts to pay special attention to these moments. Therefore, if an employee appeals to court or labor with a complaint about such an employer actions, an urgent employment contract can be recognized as a prisoner for an indefinite time.

Situation 4. Duration of the period

The employee is satisfied with the post of accountant. She was prescribed a trial period of 6 months. Is it legitimate?

According to Article 70 of the Labor Code of the Russian Federation, the trial period cannot exceed three months. The exception is the leaders of the organizations and their deputies, the main accountants and their deputies, heads of branches, representative offices or other separate structural units of organizations for which the test is established for a period of no more than six months. But in our case, a person is arranged for the position of an accountant, not the chief accountant or his deputy. Thus, a probationary period of 3 months is the maximum duration. And if the employment contract consists of 2 to 6 months, the test may not exceed two weeks. When concluding a contract, a duration of less than 2 months, the trial period is not provided at all.

During the test period, the days of the employee's temporary disability and other periods, when he actually absent at work is not counted. That is, if the employee is appointed a trial period of 2 months, and 2 weeks from these two months he was ill, then the test time is extended for two weeks.

Situation 5. Low salary for probation

The employer when receiving a new employee tells him that he was taken for two months for a trial period - the salary will be lower than at the end of these two months. Are these conditions?

What does it mean about what should be the salary on the probationary period, the Labor Code? And in general, is the probationary period paid? In Article 70, the TC is said: "In the period of testing the employee, the provisions of labor legislation and other regulatory legal acts containing the rules of labor law, a ralogitor, agreements, local regulations are applied. Each organization should have a staffing schedule, where all salaries (tariff rates) are indicated for each position that exists in this enterprise. Thus, for a trial period (TK RF), payment should not be less than indicated in the staff schedule. So, the situation with the immediate salary in this case is illegal.

Of course, the employer may substantiate a reduced salary for trial and in other ways. For example, it is necessary to establish that after such a wage indexing occurs (the Labor Code of the Russian Federation directly establishes the employer's duty to index the salary of employees), or to transfer the employee to another position of the staff schedule. Finally, it is possible to simply increase him with a salary, without necessarily the passage of the probationary period (for "piece" posts present in the standard schedule in a single instance).

You can challenge the reduced salary for the adaptation period only if it is white. Or the condition of the reduced salary is registered in the employment contract. If this condition is not written in the contract, and part of the salary was black, then it is difficult to prove that this money is generally difficult. However, an attempt to challenge the reduced salary appointed in the first two or three months of work is relatively real in our conditions only for workers who do not want to linger at this place of work.

And one more point: in the labor contract, the salary cannot be determined by the wording "according to a staffing schedule". IN article 57 of the Labor Code of the Russian Federation It is said that the wage terms (including the size of the tariff rate or salary (official salary) of the employee, surcharge, surcharge and incentive payments) are mandatory for inclusion in the employment contract. That is, it should be inscribed either a tariff rate, or salary, as well as other payments.

6. Test results and their consequences

The new employee got a job with a trial period. Upon graduation, the employer did not inform his test results, and the employee continued to work. Two weeks passed. An unexpected employer said that the test employee did not pass and in connection with this will be dismissed. Did the employer violate the law?

In this situation, the employer made two mistakes at once. First, if the test time has expired, and the employee continues to work, then it is considered to be withstrone the test and the subsequent termination of the employment contract is allowed only on the general reasons ( art. 71 TK RF.). Secondly, in the same article, if the employer is dissatisfied with the test results, he has the right to terminate the employment contract with the employee before the expiration of the employee's assessment period. But at the same time, he must prevent employee in writing in writing for three days, indicating the reasons that served as the basis for recognizing it could not withstand the test.

So, in this case, the employer did not warn the employee in three days in writing, indicating the reasons that he did not pass the test. And only after two weeks, when a person continued his work, he said orally to dismiss him. Based on all above, the employee is dismissal as not the past test is unacceptable.

By the way, the TC RF reserves the right to appeal the decision of the employer about the unsatisfactory result of the test in court. And in this case, special attention is paid to the formulations of the reasons for which the employee did not arrange an employer. At the same time, all the allegations of the employer must be confirmed by the relevant evidence. To doubtful vague formulations, the court is critical.

If the employee himself will come to the conclusion that the work proposed by him is not suitable for him, he has the right to terminate the employment contract on his own desire, warning about this employer in writing for three days.

Please note: not in two weeks, as with ordinary dismissal at your own desire, and in just three days.

So, we considered the most common situations in the life. We repeat the most important rules.

RESULTS

Let's once again list those moments to pay attention to:

There are categories of workers for whom the probationary period (IP) is not provided at all.
If the IP is not inscribed in the contract, it means that the worker, from the point of view of the law, went to work without IP.
To conclude an urgent employment contract for the time of IP is prohibited by the TC RF.
IP should not exceed three months. The exception is only managers and main accountants. For them, the maximum IP is 6 months.
When concluding an employment contract from 2 to 6 months, the IC should not exceed two weeks. And if the urgent employment contract is a duration of less than 2 months, the IP under an urgent labor contract is not provided at all.
The salary on the IP should not be lower than the existing salary existing schedule for a specific position.
If the worker did not pass the IP, the employer is obliged for three days in writing, indicating the reasons to inform his decision.
If ICs ended and the worker continues to work, it is believed that he successfully passed the IP.
If an employee during IP decides that this place is not suitable for him and makes a decision to quit, he is obliged for three days before the dismissal to inform the employer about his decision.

Remember that stably and reliably usually where the employer complies with legislation. If you are comfortable to work, where it is initially offered to do not according to the law, then be prepared for the fact that with disagreements to defend their rights it will be more complicated.

Install the trial period by accepting new employees. How many days to check the workers and how to document the procedure, read in the article.

From this article you will learn

What is a trial period?

The procedure for establishing a test period is regulated by Article 70 TC. It is prescribed by the rights, duties of the parties. The main condition to establish a test is mutual agreement, as stated in the first part of the article. It usually does not arise difficulties, since the applicants agree to the conditions put forward by the employer.

There is not always the right to check the employee. Separate categories of persons. Otherwise, this is regarded as a gross violation of the law. Consider that it is possible to establish a trial period only under the condition of long-lasting employment - for a period of more than two months (Art. 289 of the TC).

Note! Test time time count during the actual work, consider it when counting the vacation, insurance experience. On how to calculate and experience, experts of the "Frame Systems" are told.

According to 1 and 2 parts of Article 70 of the TC, the condition is reflected in the contract. If the document is compiled without the right point, the employee is automatically considered to be accepted without checking. Carefully prepare the document, check the text for meaningful conditions.

Question from practice

Answers Nina Kovyzin,
deputy Director of the Department of Medical Education and Personnel Policy in Health of the Ministry of Health of Russia.

The test condition does not relate to the prerequisites of the employment contract. When making an employment contract by agreement of the parties in it, it can be prescribed to check how newcomer will cope with the work (). At the same time, the test condition () ...

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Maximum trial period for employee

The duration of the inspection is limited. The maximum possible trial period is 3 months for ordinary workers. If an employee works under an urgent contract, which is concluded for a period of two to six months, checking lasts no more than two weeks (part 6 of Article 70 of the TC). You do not have the right when all conditions agreed with the employee, as it prohibits labor legislation.

Based on the Treaty, make an order for employment. Include in it with dates, as well as a standard list of details:

company name;
personal data of the employee;
the full name of the post, structural unit;
nature of work;
the size of the tariff rate with the allowances;
reference to the base - in this case, the employment contract;
signatures of the head and employee.

Sometimes the sequence of preparation of documents is broken, so the employee is allowed to fulfill the duties earlier than the organization concludes a contract with him. In this case, the law is not violated, but conclude within three working days from the moment of work. Condition for verification consolidate by a separate agreement. If the contract without a trial period, the tolerance occurs in the usual manner.

Dismissal due to failure to test

Instruct an assessment of the results of the work of the Novice to the direct supervisor, a mentor or a special commission. If the observation results indicate a person's official accordance with, it is considered and continues to work. You do not need to publish additional orders or prepare other documents.

If an employee does not cope and its competence does not correspond to the established level, make a decision on his dismissal. Let me notify the employee about it no later than three days before the termination of TD (Article 71 of the TC). Make a notice in two copies: one Transfer the employee to familiarize yourself, leave the second in the organization.

To avoid complaints, accusations of illegal dismissal, collect an extensive documentary base. Any documents that have at least some relevant relevant are willing: reports, service notes, complaints and comments of clients, conclusions and acts of the commission, reports, and so on. Causes of dismissal Formulate clearly, legally correct.

Make an order for termination of TD. As a cause of dismissal, specify the unsatisfactory test result (Article 71 of the TC). You are not obliged to pay the day off, coordinate the decision to dismiss the trade union. On the last day, issue an employment book, wages and compensation for unused vacation. . Follow the recommendations, otherwise the employee will be considered enrolled in the state on an ongoing basis. Stop labor relations with an employee who has successfully passed the test, on general basis.

Not every person calmly perceives the news about the rapid dismissal. The situation is increasing that the employer does not suit the level of official conformity. Therefore, the procedure develops into a sharp conflict with the involvement of GIT, the court, prosecutor's office and other instances. To avoid proceedings, develop a local act regulating the passage of verification.

Include in the Regulations on the design, setting the verification, the rules for assessing the results of activities. List categories of persons who are not installed initial test. As applications, attach type forms: characteristics, notifications, concluding commission. Approved local rules should not contradict the norms of labor legislation.

Reference: At the stage of compiling an application for the recruitment of personnel. But this does not cancel the preparation of the situation.

Before employing on probation conditions, introduce the employee with the "Regulation" under the signature. If a person agrees with clauses of the situation, the probability of conflict when dismissal is reduced to a minimum. Applicants who do not suit the schedule adopted in the organization are sifted. This facilitates the process of selection of loyal personnel.

Conclude an employment contract without a trial period only if you are confident in the applicant. Usually, this is practiced when selecting rare specialists who have extensive experience, merit. In other cases, take a time to check for some time. Adhere to the rules for preparing the documents to avoid fines.

Taking on the job of a new employee, the employer risks to a certain extent: the vacancy claimed by the candidate, assumes the fulfillment of certain functions requiring an employee of the skills, professional knowledge and experience, and the real level of employee qualifications may not comply with them. Russian laws help companies and organizations to minimize risks, giving the employer the right to take employees who first come to a position with a trial period. During this period, the employee demonstrates the level of his professionalism and compliance with the place, and according to the results of an assessment of labor activity, it is decided to admit it to a permanent staff or to terminate labor relations with it.

Definition

The TC defines a trial period as a time interval that establishes an employer to test the professionalism of the newly adopted employee, his personal qualities of it as an employee, competence and compliance with the entire combination of the characteristics of the employee held by him.

The test is not strictly mandatory: the law says that its establishment is right, but the obligation, and the employer who wants to accept a person with a trial period must receive his consent to it. The laws are also spelled out the duration of the test period. These are regulated by certain rules, compliant with any organizations.

What does the TK RF

Articles 70-71 of the Code contain legislative norms relating to the test period. But it should be remembered that a person, even adopted in the company for a trial period, has other rights listed in TC. Apply to the subject and provisions of other concerning labor law, laws and sub-laws. Consequently, such an employee has the entire complex of rights (and together with them and duties) regulated by TC, and is responsible for their actions.

Probationary and employment contract

As follows from the above, the test can be installed only if both sides agree with this. The absence of consent of one of the parties, as well as concealing from one of the participants in the Agreement of the Test Period to establish a test period, is a gross violation of the law. In the situation, when the parties agreed to the trial period and determined its duration, this fact is indicated in the contract and is fixed by the signatures of the Parties. If the contract says nothing about the probationary period, a person is considered to be taken to the post without any tests.

The clause about the probationary period is optional, that is, the parties have the right to change its conditions by agreement. But these changes must comply with certain rules: unacceptably worsening the position of the employee, all its rights on TC and other, regulating labor relations, laws, should be observed. There are cases when a person embarks on his professional duties, but the contract has not yet been issued. In such cases, the established trial period is drawn up with a separate paper as a supplement, before the start of the employee of its duties.

In addition to the employment contract, the clause of the test period is reflected in the order of the administration on the admission of a beginner to the position. The order can only be published after signing the contract by the Parties, in which the paragraph of the trial period was also not forgotten. If it is not in one of the documents - the establishment of the period is invalid, and the specialist is credited to the staff immediately on an ongoing basis.

When the test is not installed

In TK, situations are defined when workers take on a vacant place without installing the trial period.

The test is not prescribed:

those who were taken by the competition for replacing the vacant place;
pregnant women, as well as mothers who care for kids up to one and a half years;
adolescent under 18 years old;
graduates accredited by the state of universities, if they are arranged to work for the first time in their specialty and in the period up to the year from the date of release from the Institute;
those who were elected to the post;
employees who came to work from other companies being translated;
temporarily employed persons (working under the contract no more than 2 months);
in other defined laws, cases.

How many last time

The law determines the maximum possible duration of the trial period: it cannot be over three months. Certain categories of individuals can be set different times, since the law delimit its duration for a number of positions. So, the test term is not more than six months:

leaders and deputy heads of companies and enterprises;
heads of branches, departments, representative offices of companies and structural units of institutions;
chief accountants and their deputies.

The maximum of 2 weeks of the period is set to seasonal employees, and those with whom a contract has been concluded from 2 months to six months. The 3-6-month period is established by civil servants taken to the service for the first time or transferred to the civil service. There are also different deadlines defined by individual Russian laws.

Is it possible to extend the test period

As mentioned above, the maximum duration of 3 months is defined in the TC, and the parties must give their consent to this, and the point of the term is included in the contract. The head is not entitled to extend the test, but can reduce it, if there is necessity and justifications.

In the period do not include:

temporary disability (sick leave);
time when an employee is in a non-width, unpaid vacation;
care on vacation for educational needs;
periods when a person performed state and public duties;
other periods of absence at work.

The test does not include all the periods of the actual unhearmit of a person at work. When an employee returns and proceeds to the duties, the countdown is restored.

Interruption of labor relations

If the head deems that the results of the passage of the test period are unsatisfactory, according to the law it is entitled to dismiss the employee. But it is important to remember that this action should also be committed by the employer's agreement and employee.

To terminate the contract ahead of schedule, you need:

Having prescribed in the labor contract items on the test period.
Official to warn the employee about the dismissal. The law determines the period: three days before termination.
The trial period should not expire at the time of termination.

The warning is being done in writing, with the transfer of all legitimate norms and grounds for the deductions of an employee from the state. Article 71 of the TC has established the right of the employee himself to quit early. If the worker considers that for some reason, the position occupied does not fit or unacceptable, he must notify the employer in writing about the desire to terminate the contract, as well as for 3 days.

When the parties decided to terminate the contract, the employer publishes an order to dismissal, but it is published during the period when the trial period is relevant. When the order is published, the company must have a full calculation with a former employee for three working days.

Documentary design successfully / unsuccessfully passed test period

The decision on the success or failure of the passage by an employee of the test is accepted by the employer. If it is decided on the success of a candidate for a position, no additional actions are made. A person simply continues his duties on the conditions specified in the employment contract, it is additionally not issued. The work of the employee into the staff is automatically.

A somewhat different will be the situation if the employer considers that the candidate failed the test. In this case, the leadership has the legal right to dismiss the employee. But this decision must be confirmed by evidence and properly argued.

The evidence includes:

Characteristic of the employee compiled by the head of the organization in writing. The document describes and lists the qualities of a person and as a person, and as an employee, assesses the knowledge of their work regulations. In the characterization, the head concludes about the ability to fulfill professional activities. The employee must introduce the characteristic, and he puts his signature under it.
Review of the passage of the test term. The document is written by the direct supervisor (they may be a foreman or brigadier, head of the unit and other guidelines). The review lists observations of the candidate's work, conclusions about the results of his work, comments and possible suggestions.
Disciplinary penalty imposed on an employee and confirmed by the relevant order.
The report, which refers to the inadequate level of implementation, or the full failure of labor duties.
Disciplinary misdemeanor confirmed by act or perfect offense.
Explanatory, in which the employee sets out the reasons for the poor performance of their tasks and functions or their full non-fulfillment.
Other protocols, notes and acts. They are recorded by violations by the employee of the working contract conditions, poor-quality performance or complete non-fulfillment of labor duties.

The employee who failed probation period is dismissed for a special order comprising certain stages:

In the first step, according to part 1 of Art. 71 TC, the employee is notified in writing about the dismissal. The notification document is done in paper form, it indicates the grounds and reasons for which the employee is exempt from office. The notification is attached to the evidence of the unsatisfactory work of the employee. Having received a notice, the employee is obliged to sign for each copy, one of which remains him, and the second is transferred to the organization. A situation is possible when the employee refuses to put his signature. In this case, the act is made, which fixes that the employer has fulfilled all legislative requirements for the employee.
In the second step, an order of dismissal is published. When it was decided to remove the employee, the documentary evidence of his official inconsistency was collected, the company's management issues an order, according to which the employment contract is terminated. The order must be issued no more than 3 days before the expected date of dismissal.
The following is the calculation with the employee. On the last day of the employment contract, the employee must be made by all relying payments.
Issuance on the hands of an employment record. On the last day, the employment record is issued, this fact is recorded by a person's signature in the accounting book.

Salary for trial period

Labor legislation states that employees passing a trial period and officially accepted work have all the same rights as the permanent employees of the organization.

The TC does not indicate that there are any specific amounts of payments that differ from the salary working constantly on a particular position. Accrual and payments are held according to the law and under the terms of the employment contract. In the event that the contract provides for a probationary period of lower salary, which does not comply with the norms of the law, the employee may vary through the court to recover the money he suffered as a result of such an employer actions.

In the course of labor relations, the company and the employee may have different differences in the amounts and procedures for paying salary. To resolve these issues, the law provides for several ways:

the salary size for a trial period is fixed in the contract subscribed by both parties. The specific amount should be specified on the test term specified in the contract;
when the trial period is completed, and the employee successfully passes it, the decision to continue the fulfillment of labor duties, and the organization concludes an additional agreement with its already permanent employee, in which an increase in salary is prescribed;
all over the enterprise or in its individual structural divisions, a provision is developed and published in which the procedure and conditions of premium payments are recorded, as well as other allowances and promotions, which depend on the achievements of employees and their employment experience in the enterprise.

If the employee is dismissed after the trial period is completed, the company is calculated with it on general grounds, in accordance with the requirements of the law. The employee is paid:

laid under the labor contract salary in full;
payment of funds to a non-governmental vacation (with any).

The output allowance of the employee dismissed after the expiration of the test period is not paid.

Temporary disability and vacation on probation

The law guarantees each employee, it does not matter, it works on an ongoing basis or on a probationary period, the right to leave and hospital. The employer cannot refuse his employee in implementing these rights, even if the test period has not yet expired.

If the employee goes to the hospital, this fact must be confirmed by a disability sheet. The document is issued by a medical institution in which an employee appealed to help after the treatment was passed. At the same time, as mentioned earlier, the time of stay on the hospital does not go to the test period.

Compensation payments for disability are relying on the hospital worker. Their size is determined, based on the experience of the employee and its average salary.

Footing, the employee has the right to receive payments for vacation, which he did not have time to use. This right is enshrined by law. It does not matter whether the person is dismissed during the period of the test period, or after its completion. It must be borne in mind that the employee who passed the trial period could not work out a full one year period. Holding compensation for him, the amount of spent days / months takes the basis.

Rules for calculating the period of work:

periods of less than half of the month are excluded at the rate;
if the deadlines capture more than half a month, then such a period is rounded to a whole month. That is 2 months and 16 days, for example, rounded up to three.

The trial period is imposed and intended to optimize the relationship in the area of \u200b\u200bwork between the employer and the new employee. To minimize possible problems and disagreements, it is extremely important in a timely manner and correctly execute all reminiscing personnel, financial and other documents. And then, if the entire procedure was carried out correctly, the trial period will serve to establish long and productive relationships between participants in labor relations.

Before making an employment contract, many employers prefer to check the new employee for the compliance of the position he plans to occupy. Such an inspection is provided for by the current labor legislation, since Art. The 70 Labor Code establishes the possibility of its application by agreement of the parties, but not necessarily. On the one hand, for both sides, it is a good opportunity to make sure of its actions - the employer is convinced that he needs this candidacy, and the employee checks his hand at a new workplace and decides whether they want to stay on an ongoing basis. On the other hand, there are often cases of abuse of this opportunity, most often by employers who ignore the purpose of such an inspection enshrined by law and freely interpret legislative norms under their own needs. In order for such a checking to be made without errors, which can lead to judicial claims and disputes, as well as violation of labor legislation, it is important to familiarize themselves with the individual legal norms according to which it must occur.

Test when receiving

When applying for a new employee for a trial period, the entire procedure should be made properly and take all the steps provided for by law in the right order:

Step 1. Before concluding an employment contract to discuss the test and its term.

Step 2. Conclude an employment contract that will necessarily contain an additional test item on the conditions that were discussed before its conclusion.

Step 3. Take an appropriate order, which includes the purpose of the test period, with which to familiarize the employee.

Step 4. If the new employee successfully passes the check, he just remains to work further, without any additional actions. Labor legislation states that the fact of continuing the work of such an employee after completing the trial period means that he has successfully passed the test and was hired.

Article 70 contains a list of persons for whom the test cannot be established is to include employees who have not reached 18 years old, pregnant women and women who have children up to one and a half years, as well as other citizens.

If for any reason, the employment contract could not be concluded directly per day, when the employee starts working with a trial period, the employer, according to Article 67 of the Code, there are three working days from the moment when a new employee began to work to work properly To issue. Nevertheless, in this situation there is a very important nuance regarding the test - when the employee is assumed to work without executing the contract, the test may be included in it, only if a separate agreement was signed between the employer and the employee, a separate agreement was signed. Thus, or the test agreement is signed, and when a person proceeds to work, a work agreement is also signed for a three-day period, which also contains a test item, or before the work starts, an employment contract is issued with this item. In both cases, if there is no additional point on the appointment of a test period in the contract, in terms of the law, the employee is accepted for work without that.

In addition, it shows the existing judicial practice on the disputes considered in relation to the established test period, the lack of a test point in the organization's order is also considered by the court regarding the concluded employment contract as such that did not provide for the test at all. Accordingly, even after the signing of an employment contract with a testing point, it is necessary further, for a three-day period, to publish an order with a similar test item and familiarize themselves with him as an employee under the painting, and at the request of the employee - to give him a copy of the order.

Test time

It should be noted that for the dismissal of an employee on a probationary period, it is not at all necessary to wait for the complete end of the test, terminate the contract due to the inconsistency of the employee, the employer may at any time, the main thing to observe the above conditions. If the employee himself decides that this work is not suitable for him, then in accordance with Article 71 of the Code, it should also three days before terminating the contract to warn the employer in writing his intention.

Moreover, besides the condition about the indispensable three days, which are given to the employer to search for a new candidacy, no other requirements or not provided for, since, one way or another, a person who does not see himself in a new job is impossible to hold on it. But a traditional approach with the preparation of two copies of such a notification, the dismissal employee also needs to be observed, or, in the extreme case, you can send it to the mail method, with a notice of receipt and the description of the investment, as a result of which the employee will have a receipt, as well as a receipt for the addressing . These documents will also confirm compliance with the requirements of the law.

Very often, when taking to work with a trial period, the wage for the test period is set in a smaller amount than the staff member of such an organization receives. For this, the company commits legislative norms in various ways, for example, establishing the lowest report when admitting work, which subsequently, with a successful check of testing by testing, increases.

And although there is no judicial practice with such cases today, nevertheless, from the point of view of current labor standards, this is a violation, since in accordance with Article 22.2 of the Code, the employer must provide all its employees equal to pay for the work of equal value. Thus, even if an employee on the test performs a smaller amount of work, it will be very difficult in court to prove that his work has a smaller value than another specialist of this kind, already available in the enterprise.