What is a probationary period? Why do you need a probationary period?

The term “probationary period” is familiar to everyone who has ever applied for a job - this is the employer’s legal right, over a certain period of time, to evaluate the professionalism and knowledge of a potential employee. The trial period lasts from three months to six months; the duration of the period is necessarily indicated in the employment contract; the employee must familiarize himself with all the details of the trial in advance. The employment record should not include information about the probationary period.

What is a probationary period according to the labor code?

In Russian legislation, all standards are spelled out in Article 70 of the Labor Code of the Russian Federation. There is also a definition of this term: this is a period of time that is set by the employer to assess the employee’s suitability for the position for which he is applying. At the same time, the terms and duration of the trial are specified in the employment contract itself.

Employment test

The procedure for testing a potential employee when hiring expresses the employer’s completely legal right to determine his professional skills and suitability for his position. It is important to remember that this is not a mandatory, but an additional condition of the concluded employment contract, which is made by agreement of both parties. This is not an obligation of the employer, rather it is his desire to check the employee, and if there is no doubt about the employee’s qualifications, there is no talk of any probationary period.

Probationary period when concluding an employment contract

It is worth remembering that an employee on probation is an equal member of the team, this is expressed in the fulfillment of his rights, as well as in the payment of wages. Many employers strive to offer applicants for a position a small salary. The Labor Code does not stipulate any special payment conditions for this case, but it is not directly prohibited from setting a lower salary for this time.

Registration procedure

All conditions are specified in the employment contract, which the company must conclude with the employee. The exact start and end date of the trial period (from 01/01/2002 to 01/04/2002) or its duration (two weeks, three months) is indicated. Do not forget that the employment order must indicate that the employee will be subject to verification of his suitability for the position held. One copy of the work contract is given to the employee.

Who should not be given a probationary period?

Employment under a probationary period is prohibited for a certain category of persons, which include:

those who were selected for the position through a competition, in accordance with Russian legislation;
pregnant women soon going on maternity leave;
minor citizens;
graduates of universities and other educational institutions for whom this is their first job;
if the employee is elected to the selected paid rate;
when transferring from another organization, for example from Moscow.

The law defines other conditions under which an employer does not have the right to impose a test for a vacant position:

for temporary employment for up to two months;
in the case where the employment contract is concluded before the completion of the apprenticeship period;
in case of replacement for a specified period of civil servants of a certain category (assistants, advisers, managers);
in the customs service when hiring graduates of specialized educational institutions of Federal significance and everyone who came to the customs service through a competition.

Duration of probationary period upon hiring

The standard probationary period for employment is three months. Senior employees - managers, chief accountants, financial directors, and their deputies can undergo a professional suitability test for up to six months. Another case is fixed-term employment contracts for a period of up to six months. Then this period should not exceed two weeks.

Minimum

The minimum probationary period for employment lasts two weeks in the case of a fixed-term employment contract (up to 6 months). When concluding a regular contract, the employer himself sets the duration of the labor test - from one to three months, depending on the position held. For senior managers this is three months. At the request of the employer, the duration of the work period can be reduced.

Extension of probationary period

The duration of the labor test is fixed in two fundamental documents - the employment contract and the employment order. There are cases when the probationary period can be extended: employee illness, time off, specialized training. Only these reasons can justify an extension. The employer issues an additional order indicating the period for which the test is extended and the valid reasons that served as the basis for this.

Maximum probationary period according to the labor code

When concluding a fixed-term contract lasting from two to six months or seasonal work, the trial period can only last 2 weeks. If an employee is hired on a permanent basis, then the maximum probationary period for employment is six months. These deadlines are prescribed in the Labor Code of the Russian Federation.

Early termination

The main reason for early termination of an employment contract is successful completion of the test. The employer issues an order for early termination of the test, which details the reasons for its termination. An employee can write a letter of resignation from the company if the position in which he worked did not suit him. Does the employer have the right to terminate the labor test early if the employee’s performance is unsatisfactory? Yes, but everything must be formalized according to the law (appropriate order), and the employee must be warned in advance..

Rights of an employee during a probationary period

Labor legislation clearly states that an employee who is on probation has exactly the same rights and responsibilities as other employees of the enterprise. This applies to wages, receiving bonuses, and establishing social guarantees. The candidate has the right to appeal in court any actions of the employer that infringe on the rights of the employee, including with regard to early termination of the employment contract.

Is it possible to take sick leave?

An employee who is on a probationary period has the right to take sick leave, the calculation of which will be calculated based on his average daily earnings. During sick leave, the period of labor probation is not counted; it resumes its effect when the employee returns to his place of work. In the event that an employee terminates cooperation with the employer (regardless of the reason), the employer is obliged to pay sick leave.

How is the salary determined?

An employee on a probationary period is subject to labor laws. This means that his rights should in no way be less than those of the main personnel. The salary must be set according to the staffing schedule. This can be circumvented by simply entering into the staffing table a reduced salary for “assistant managers” or “assistants”; its amount can be any, but not less than one minimum wage (minimum wage). The employer is obliged to pay sick leave, overtime, work on holidays and weekends.

End of probationary period

Let us immediately note that there is a situation when it is impossible to dismiss an employee after a probationary period: when during this period of time the employee became pregnant and brought the relevant certificates. In other cases, there are two options for ending the trial period.

positive - both parties are satisfied with the work in the organization, then the employee is included in the staff according to the job description;
negative – the employing company is not satisfied with the quality and result of the applicant’s work, a decision is made to terminate the contract (the order in the form indicates the reasons and evidence of the employee’s negligence).

The dismissal of an employee undergoing probation is always documented in as much detail as possible, because there is a good chance that the employee will consider such actions unlawful and will sue the employer. This can be avoided by proving that the employee violated work rules, safety regulations, did not follow instructions, or was absent without a good reason. When hiring, it is necessary to receive a written notification from the employee with his signature that he was aware of all the internal regulations of the employer.

Video: working with a probationary period

To check the employee’s suitability for the work assigned, the employer may include a test clause in the employment contract. We will tell you in our consultation how long such a trial may be and about persons for whom a probationary period cannot be established.

Test period for hiring

The maximum probationary period under the Labor Code is 6 months. But a test of such duration cannot be established for all employees, but only for heads of organizations and their deputies, chief accountants and their deputies, heads of branches, representative offices or other separate structural divisions of the organization. In other cases, the maximum total period of probation for workers is 3 months (Part 5 of Article 70 of the Labor Code of the Russian Federation).

A special probationary period is established for employees with whom the employment contract is concluded for a period of 2 to 6 months. The maximum duration of the probationary period when hiring in this case is 2 weeks (Part 6, Article 70 of the Labor Code of the Russian Federation).

Please note that if the employment contract does not contain a test clause, it is considered that the employee was hired without a test.

What if the employee was actually allowed to work without drawing up an employment contract? Let us remind you that when an employee is actually admitted to work, the employer is obliged to draw up an employment contract with him in writing no later than 3 working days (Part 2 of Article 67 of the Labor Code of the Russian Federation). In this case, it is possible to include a probationary clause in the employment contract only if the parties formalized it in the form of a separate agreement before the start of work (Part 2 of Article 70 of the Labor Code of the Russian Federation).

If an employee does not want to undergo the probationary period that the employer insists on, then an employment contract is not concluded with such an employee.

Please note that even with the consent of the employee, the employer does not have the right to establish a probationary period longer than that permitted by the Labor Code of the Russian Federation and federal laws. On the other hand, within the maximum duration of the probationary period, the employer can set any period or refuse to test the employee at all.

How is the probationary period calculated?

The period for which the employee is placed on probation is calculated from the date of commencement of work and includes only the periods during which the employee actually worked. If the employee was absent from work (for example, was on sick leave or on vacation at his own expense), the specified time is not counted towards the probationary period (Part 7, Article 70 of the Labor Code of the Russian Federation). That is, in fact, the probationary period is extended.

Who should not be given a probationary period?

The employer does not have the right to establish a probationary period, in particular, for the following categories of persons (part 4 of article 70, part 1 of article 207 of the Labor Code of the Russian Federation):

pregnant women;
women with children under 1.5 years of age;
persons invited to work as a transfer from another employer;
persons who have received secondary vocational education or higher education in state-accredited educational programs and are entering work for the first time in the acquired specialty within 1 year from the date of completion of training;
persons who have successfully completed an apprenticeship, upon concluding an employment contract with the employer under the contract with whom they were trained;
persons under the age of 18;
persons entering into an employment contract for a period of up to 2 months;
persons elected through a competition to fill the relevant position.

Let us remind you that an employee who is undergoing testing is subject to the provisions of labor legislation and other regulatory legal acts containing labor law norms, collective agreements, agreements, and local regulations of the employer (

When a person applies for a job, they are invited to attend an interview. This is the case if he has never worked in this company. If a potential employee successfully passes the interview and has skills and experience that match the vacancy, he is hired. However, this is not yet final success.

Probation period - what is it?

The probationary period when hiring is the period when a new employee begins to perform duties in the company for the first time, and his work is evaluated by a potentially permanent employer. The probationary period is a chance for both parties to understand:

To the employer - whether the employee is suitable for the position.
The employee is satisfied with the team, duties and working conditions.

Probationary period - pros and cons

Working with a probationary period has its advantages and disadvantages. Recruiting and retaining valuable employees is a daunting task for HR professionals. The introduction of a probationary period is a kind of guarantee of hiring a suitable employee. Advantages for the employer:

The ability to evaluate an employee’s performance without significant risks.
The right to terminate probation without any consequences.
Lack of significant financial investments (for example, benefits) until the end of the “examination” period.

There are also significant disadvantages:

The employee may leave before the expiration of the probationary period, leaving him with a “new” vacancy.
The risk of wasted finances if:

the employee decided to leave;
the candidate was not suitable.

For the applicant, the probationary period is also replete with pros and cons. Undoubted advantages:

a chance to “fit in” to the position;
the opportunity to see the company from the inside;
lack of serious obligations when leaving.

Not so pleasant aspects:

reduced wage rate;
the risk of “flying out” and being left without work;
lack of a full package of benefits.

To avoid negative aspects when applying for a job with a probationary period, you need to get answers from the employer to the following questions:

How long will the probationary period last?
Who will evaluate and when?
If a reduced salary is offered during the trial period, when will it increase?
How many people were tested for this position, and how many were eliminated?
What specific duties will be performed?

Before agreeing to a probationary period, it is important:

Understand all its terms.
Be willing to go the extra mile to make an impression.

It is common practice for employers to expect more from newcomers - to perform work that is not directly related to the job description. For example, after hours or little things like “running for coffee” and “changing the cartridge in the printer.” It's okay if in moderation. These situations test your ability to:

to be active;
work in a team;
come face to face with .

Probation period

The probationary period must be specified in the employment contract. According to the Labor Code of the Russian Federation, it can last up to 3 months, no more. During this period, the employee has all rights in accordance with labor laws. A probationary period of 6-12 months can be assigned for management positions (director, branch manager) and their deputies, as well as for:

chief accountant;
police officer;
civil servant;
law enforcement officer.

Probation cannot be extended. If the probationary period expires and the employee continues to work, he is considered to have passed it successfully. Applicants of some categories are not subject to a probationary period:

pregnant women;
mothers with children under 1.5 years old;
employees under 18 years of age;
employees with an employment contract of less than 2 months.

I haven’t passed the probationary period – what should I do?

Failure to complete probation is not the end of the world. If all the issues were discussed before it began, and the “failure” was honest on the part of the employer, it is worth moving on:

first calm down;
then rest;
update your resume;
start searching - your dream job is still ahead!

How to quit during a probationary period?

Dismissal during the probationary period works both ways. The law states that an employee has the right to terminate an employment contract during the probationary period on his own initiative:

Reporting your decision three days in advance.
By writing a letter of resignation.

It is not necessary to inform the employer about the reasons for leaving - a simple written notice will suffice. However, there are some points:

Workout. In the case of full-time work, it lasts two weeks. If you leave voluntarily during the test, it is reduced to three days.
The financially responsible person, upon dismissal during the probationary period, must transfer all matters to the receiver.

Can you be fired during a probationary period?

Dismissal during the probationary period at the initiative of the employer and due to unsuccessful results is possible. But certain rules must be followed; the employer must:

Establish clear criteria for evaluating an employee for a probationary period.
Issue work assignments in writing.
Provide at least 3 days notice prior to termination date.
Provide a reasonable explanation of the reasons.

Today it is very rare to find companies that do not set a probationary period for new employees to check their professional suitability. However, often neither the employee nor even the employer fully understands the meaning of the probationary period and the consequences of its establishment. Therefore, below we will talk about in what cases a probationary period can be established, what are the procedure and consequences of its establishment, and describe the main features associated with the probationary period.

When and in what order can a probationary period be established?

In accordance with Art. 70 of the Labor Code of the Russian Federation (hereinafter referred to as the Labor Code of the Russian Federation), a test when hiring is established by agreement of the parties to check the employee’s compliance with the assigned work. Thus, the probationary period can only be fixed in an agreement between the parties, which is usually an employment contract. The test condition cannot be established by order of the employer and cannot be recorded in the local acts of the organization, which are introduced to the employee after hiring.

If, upon hiring, the employee was “not registered”, in other words, an employment contract was not concluded with him, then by virtue of Art. 16 of the Labor Code of the Russian Federation, as a general rule, such an employee is nevertheless considered accepted and has all the rights in accordance with the Labor Code of the Russian Federation. Since in this case there is no employment contract, there is also no agreement on establishing a probationary period. Therefore, the employee is considered accepted without testing.

Since the probationary period is established only at the time of hiring, it cannot be established later, even by agreement of the parties. Therefore, if the employment contract concluded for hiring does not contain a record of probation, it will no longer be possible to introduce a probationary period using legal methods.

Please note that the Labor Code of the Russian Federation does not talk about a probationary period, but uses the term “test”. Therefore, in order to avoid disputes between the employee and the employer, the employment contract must indicate the establishment of a trial, and not a probationary period.

In Art. 70 and some other articles of the Labor Code of the Russian Federation indicate persons for whom probation cannot be established. Most often, this restriction applies to the following categories of persons:

pregnant women and women with children under the age of one and a half years;
persons who have graduated from state-accredited educational institutions of primary, secondary and higher vocational education and are entering work for the first time in their specialty within one year from the date of graduation from the educational institution (we are talking about young specialists graduating from a university);
persons invited to work by way of transfer from another employer as agreed between the employers.

Thus, even if the employment contract concluded with these persons contains a probationary condition, this condition will be invalid as contrary to the law. For these persons, the test is fundamentally unacceptable.

As a general rule, the probationary period cannot exceed three months.. For organizational leaders, chief accountants and their deputies – 6 months. It is important to note that the probationary period does not count the time when the employee was actually absent from work, for example, sick.

Consequences of establishing a probationary period

The main consequence of establishing a probationary period is possibility of simplified termination of an employment contract, both for the employee and the employer.

The simplified procedure is expressed in the fact that an “unsatisfactory test result” is sufficient to dismiss an employee during the probationary period. Although it is important to note that unsatisfactory results must be confirmed and must relate specifically to the employee’s business qualities. In other words, you cannot fire an employee if there are no business claims against him, but “they don’t get along.” In the latter case, the dismissal will be considered illegal. The procedure for an employee to act in case of illegal dismissal is described in a separate article.

The main evidence of an unsatisfactory test result can be:

orders for disciplinary action,
memos from the immediate superior about the unsatisfactory quality of work of the subordinate,
explanatory notes from the employee himself on the facts of violations committed,
an act drawn up based on the results of an internal audit, etc.

It is very important for the employer to have evidence that the employee was not doing his job. If an employee is late or absent, the entire procedure for bringing disciplinary action must be followed. If an employee swears obscenely at his colleagues, it is necessary to schedule an internal inspection, collect explanatory notes and draw up a report based on the results. And this should be done in every situation when the employee’s actions are not satisfactory. In court in a dispute over illegal dismissal, simple words about absenteeism and an irresponsible approach to work will not be enough.

Before dismissing an employee, the employer is obliged to notify him of the upcoming dismissal no later than three days in advance. The notice must indicate the reasons why the employer concluded that the test result was unsatisfactory. Only after three days from the date of notification, the employer can issue an order to terminate the employment contract, otherwise the dismissal may be considered illegal due to non-compliance with the established procedure. The dismissal order must be issued within the probationary period.

An employee can also terminate an employment contract in a simplified manner. If usually, when leaving at his own request, an employee is required to notify the employer two weeks in advance, then while on a probationary period, the employee must notify the employer of dismissal in just three days.

By and large, the establishment of a probationary period does not entail any other consequences other than a simplified procedure for terminating an employment contract. Therefore, during the probationary period, the employee is endowed with the same rights as other employees of the organization.. In connection with the test, he cannot be given a lower salary, longer work hours, etc. The only difference with such an employee is that he can be dismissed in a simplified manner. In all other respects, he has the same rights and bears the same responsibilities as his colleagues.

Establish a probationary period when accepting new employees. For how many days to check employees and how to document the procedure, read the article.

From this article you will learn

What is a probationary period?

The procedure for establishing a probationary period is regulated by Article 70 of the Labor Code. It specifies the rights and obligations of the parties. The main condition for establishing a test is mutual consent, as discussed in the first part of the article. Usually there are no difficulties, since applicants agree to the conditions put forward by the employer.

There is not always the right to check an employee. Certain categories of persons. Otherwise, this is regarded as a gross violation of the law. Please keep in mind that a probationary period can only be established subject to long-term employment - for a period of more than two months (Article 289 of the Labor Code).

Note! Count the probationary period into the period of actual work and take it into account when calculating your vacation and insurance periods. Experts at Sistema Personnel talk about how to calculate length of service.

According to parts 1 and 2 of Article 70 of the Labor Code, the condition is reflected in the contract. If a document is drawn up without the required clause, the employee is automatically considered accepted without verification. Prepare the document carefully and check the text for significant terms.

Question from practice

Nina Kovyazina answers,
Deputy Director of the Department of Medical Education and Personnel Policy in Healthcare of the Russian Ministry of Health.

The probationary clause does not apply to the mandatory conditions of the employment contract. When drawing up an employment contract by agreement of the parties, you can write in it to check how the newcomer will cope with the work (). In this case, the test condition ()...

Ask your question to the experts

Maximum probationary period for an employee

The duration of the check is limited. The maximum possible probationary period is 3 months for ordinary employees. If an employee works under a fixed-term contract, which is concluded for a period of two to six months, the inspection lasts no more than two weeks (Part 6 of Article 70 of the Labor Code). You do not have the right when all conditions are agreed upon with the employee, as this is prohibited by labor legislation.

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

Company name;
employee personal data;
full name of the position, structural unit;
nature of work activity;
tariff rate with surcharges;
reference to the basis - in this case, the employment contract;
signatures of the manager and employee.

Sometimes the sequence of document preparation is violated, so an employee is allowed to perform duties earlier than the organization concludes a contract with him. In this case, the law is not violated, but the contract must be concluded within three working days from the date of commencement of work. Secure the verification condition in a separate agreement. If the contract does not have a probationary period, admission occurs as usual.

Dismissal due to failure to complete the probationary period

Entrust the evaluation of the newcomer’s work performance to the immediate supervisor, mentor or special commission. If the observation results indicate that a person is qualified for the job, he is considered and continues to work. You do not need to issue additional orders or prepare other documents.

If an employee cannot cope and his competencies do not meet the established level, make a decision to fire him. Notify the employee about this no later than three days before the date of termination of the labor contract (Article 71 of the Labor Code). Draw up the notice in two copies: give one to the employee for review, and leave the second with the organization.

To avoid claims and accusations of illegal dismissal, collect an extensive documentary base. Any documents that have at least some relation to the case will be useful: reports, memos, complaints and comments from clients, conclusions and acts of the commission, reports, etc. State the reasons for dismissal clearly and legally correctly.

Issue an order to terminate the TD. Indicate unsatisfactory test results as the reason for dismissal (Article 71 of the Labor Code). You are not required to pay severance pay or coordinate the decision on dismissal with the trade union. On the last day, issue a work book, wages and compensation for unused vacation. . Follow the recommendations, otherwise the employee will be considered permanently employed. It is possible to terminate the employment relationship with an employee who has successfully passed the test on a general basis.

Not every person calmly takes the news of an imminent dismissal. The situation is heating up because the employer is not satisfied with the level of job compliance. Therefore, the procedure develops into an acute conflict involving the State Tax Inspectorate, the court, the prosecutor’s office and other authorities. To avoid litigation, develop a local act regulating the inspection.

Include in the Regulations information on the design, establishment of an audit, and rules for assessing performance results. List the categories of persons who are not subject to the initial test. Attach standard forms as attachments: characteristics, notifications, conclusion of the commission. Approved local rules must not contradict labor legislation.

Reference: at the stage of drawing up an application for personnel selection. But this does not cancel the preparation of the Regulations.

Before employment under a probationary period, familiarize the employee with the “Regulations” against signature. If a person agrees with the points of the Regulation, the likelihood of conflict upon dismissal is minimized. Applicants who are not satisfied with the organization's routine are eliminated. This simplifies the process of recruiting loyal staff.

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