What is a trial period for? The procedure for establishing a test period when taking a job.

In the article Recall employers the procedure for establishing a trial period. Examples from judicial practice will pay attention to errors that allow employers when dismissing an employee who has not sustained the test.

Who does not establish a trial period?

Not all potential employees can be established a trial period. If the employer enables the test condition in an employment contract with a person who is prohibited to establish a test, this condition will not have the strength (part 2 of Article 9 of the Labor Code of the Russian Federation).

The list of persons is defined part 4 of Art. 70, art. 207 TK RF and other federal laws:

• pregnant women and women who have children under the age of one and a half years;
• under the age of 18 years;
• received secondary vocational education or higher education according to public accreditation educational programs and for the first time entering the work on the received specialty for one year from the date of receipt of professional education of the appropriate level;
• enter into an employment contract for up to two months;
• invited to work in order of translation from another employer in coordination between employers;
• successfully completed apprenticeship - at the conclusion of an employment contract with the employer, under the contract with whom they were trained (Art. 207 of the Labor Code of the Russian Federation), etc.

If the employer establishes a trial period to any of the listed persons, especially since not the past test, it can be attracted to administrative responsibility. The worker who turned to court will be restored.

In case, before the end of the trial period, the employer learned that the employee refers to the category of persons for whom the test is impossible to make changes to the employment contract. In this case, it is necessary to conclude an additional agreement to it, which is to cancel the test condition. Based on the agreement, the corresponding order should be issued.

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The procedure for termination of an employment contract with an employee who has not passed the test

The procedure for establishing a test when taking a job is installed in Art. 70 TC RF.

Step 1. The conditions for the probationary period for an employee must be made directly to its employment contract. The lack of such a condition in the labor contract means that the worker is hired without a test.

The test term for workers cannot exceed three months. For managers of organizations and their deputies, chief accountants and their deputies, heads of branches - six months. When concluding an employment contract for a period of two to six months, the test may not exceed two weeks.

For trial period, any periods of the actual absence of an employee at work are not counted, including the periods of finding an employee in short-term leave without salary salary or on vacation due to training, the fulfillment of public or public duties, the period of lack of an employee at work without valid reasons (period absenteeism), downtime, if the employee was absent at work at work (definition of the Supreme Court of the Russian Federation of 04.08.2006 No. 5-B06-76). But dismissed the employee in connection with the unsatisfactory result of the test during its release on vacation or on a hospital is impossible.

Step 2.Based on the employment contract in which there is a condition for the establishment of a trial period, the employer issues an order in which the employee is adopted with a trial period, and the term of such a test is indicated.

We draw the attention of the employers if the condition for the test and its deadline is established only in the order, while not established by the employment contract, in which case the employee will be considered accepted for work without testing.

If the worker did not cope with his labor duties during the period of the test period, the employer is entitled to fire him. The procedure for the dismissal of the employee who has informed the unsatisfactory result, established 71 TK RF.

Step 3.The employer must confirm that the employee does not cope with the work, because the obligation to prove the presence of a legal framework for dismissal and compliance with the established procedure for dismissal is assigned to the employer (paragraph 23 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated March 17, 2004 No. 2). In order not to become a person involved in court proceedings, it is advisable to create a trial work plan for the employee, to make a journal of control over the passage of the test, request from the employee reports on completed tasks.

Step 4. The decision to dismiss the employee needs to be supported by a number of documents. It can be:

• various types of acts confirming the failure or poor-quality execution of an entrusted worker of work due to labor contract or by the job description;
• reports (service) notes or reports of the direct supervisor of the employee or the person responsible for assessing the test results;
• witness's testimonies;
• "Peculiar" certification (test) list and protocol meeting "peculiar" certification (test) commission;
• orders to apply to a disciplinary recovery employee (which is not challenged or not disputed);
• written complaints (claims) from customers.

By the way, sometimes it can be enough and one of the earnings (service) notes to dismiss the employee. In judicial practice there is such a case. The reason for the dismissal was the official note by the direct supervisor of the employee. The document it was stated that the employee for the quality of work does not correspond to the position being held, the work belongs to the work lazily and the damnitential. The service note contained a proposal to terminate the employment contract with the employee as with a not tested when taking a job. The dismissal is recognized as legitimate (definition of the Leningrad Regional Court of 07.12.2011 No. 33-5827 / 2011).

Step 5.. To warn an employee about the termination of the employment contract is necessary in writing: the facts indicating that the worker has not stood the test, recorded in the appropriate act. Make it need no later than three days before dismissal.

In judicial practice, there is a case when the appropriate notice was drawn up and awarded to the employee only two days before the termination of the employment contract. The court recognized the dismissal of the employee legitimate, even an employer and violated the dismissal procedure provided for by Art. 71 Labor Code of the Russian Federation (cassation definition of the St. Petersburg City Court of 29.08.2011 No. 33-13139 / 2011).

A warning

Dear V.V. Smirnov!

In accordance with Art. 71 of the Labor Code of the Russian Federation warn you that the employment contract concluded with you is subject to early termination due to the fact that you are recognized as not withstanding the test provided for by the employment contract, due to the inconsistency of the position and repeated violation of the work discipline and the internal regime of the organization .

Thank you for work. On the procedure for calculating with the enterprise you will be informed by your immediate supervisor.

We wish you all the best.

Leader: general director Petrov S.S.

(Name of the position of the person who signed the document)

personal signature I.O. Surname

Date 07/18/2017

Introduced

Name Personal Signature ____________

(indicated by an employee from hand)

In the written warning of the dismissal, the employer is obliged to specify the causes of dismissal. If the employee does not agree with the position of the employer, then this decision can be appealed in court. An analysis of judicial practice shows that the disputes considered by the courts are related to the employer's violation of the employee's dismissal procedure that has not passed the trial period.

Step 6. So, the employee received a notice, signed, now after three days the employer publishes an order to dismissal, with which the employee also needs to be familiar with the painting. The following entry is introduced into the labor book: "The employment contract is terminated due to the unsatisfactory test result, part of the first article 71 of the Labor Code of the Russian Federation."

If the test term has expired, and the employee continues to work, then it is considered to be a test and the subsequent termination of the employment contract is allowed only on general reasons.

Step 7.On the day of termination of the employment contract, the employer is obliged to issue an employee to the employment record and make a calculation with him with the payment of all amounts due to the employee.

Also art. 71 of the Labor Code of the Russian Federation found that if the newcomer would 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 request, warning about this employer in writing for the same three days. That is, not only the employer can dismiss the employee on the probationary period, but the employee himself can decide that the selected company does not justify its expectations: career or salary - no matter.

If the test period is not enough to evaluate the ability of the employee ...

Then, by agreement with the employee, a trial period may be increased for another month. True, Rostrud's officials in a letter dated 03/02/2011 No. 520-6-1 argue that the possibility of extending the probationary by making changes to the employment agreement with labor legislation of the Russian Federation is not provided. Their opinion on this issue is the only thing, as there are no other explanations, stick to or ignore it - to solve the employer.

Rostrud is not against the reduction of the probationary period if the employee quickly showed himself well. In a letter dated 05/17/2011 No. 1329-6-1, it was concluded that when mutual consent, the parties were entitled to conclude an additional agreement to the employment contract for the reduction of the test. These changes will not contradict labor legislation.

Dismissal of the partner

On his intention to terminate the employer's employer on this basis, the employer should warn an employee in writing at least two weeks before the expected date of dismissal.

The employer is not obliged to offer another work to the part-book employee. This is his right if the company has another work that the worker can perform on the terms of combination. If there is no such work or an employee abandoned the proposed version, it is leaving and continues its career only at the main place of work. The worker's refusal should be recorded in writing in the form, on its basis the employer issues an order (order) on the dismissal of the employee with the design of the documents listed above.

If the employer can offer a part-to-job work, which he is engaged in part-time, as the main, then with the consent of the employee, it is necessary to conclude a new employment contract in new conditions or conclude an agreement on changing the terms of employment contract.

If such an employee is not suitable for this option and it refused to offer an employer, then the partner is leaving. Based on the considered written application, the employer publishes an order (order) on the dismissal of the employee with the design of the documents listed above.

conclusions

Summing up, once again we will pay attention to the highlights that will help the employer to avoid litigation. Everyone should remember them, establishing a trial period and dismissing an employee who has not been copier with the test.

1. Not all workers can have a trial period. Dismissal on the results of the test term of a temporarily disabled worker, a pregnant woman or a woman who has a child under three years old is illegal;
2. The test is considered to be established if the corresponding condition is included in the employment contract. The absence in the labor contract the terms of the probationary period makes it unlawful to use subsequently the terms of the probationary period, even if it is enshrined in a collective agreement and in other local acts (an order for admission to work, job descriptions, etc.);
3. Test results must be confirmed documented;
4. The employer for the dismissal of the employee according to the results of the trial period must specify the reasons for which it is recognized as not the test, as well as document this fact;
5. The employee must receive a notice no later than three days before dismissal.

In the contour. Shkol: changes in legislation, specifics of accounting and tax accounting, reporting, salary and personnel, cash transactions.

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Almost every employment organization stipulates a prerequisite for testing the worker in order to verify its professionalism, which is a trial period, consider below.

Probation period A certain time period, during which the employer checks the applicant to professionality. That is, in this time period, the employer will observe the actions of the employee, using various methods. It also relates to the behavior of the applicant in relation to colleagues.

What does prob term and what is its duration

The test lasts no more than 3 months, it all depends on the type of work, for example, for senior positions, the probationary period is not more than 6 months. If during the entire inspection, the worker fully coped with his professional actions, the probationary period is considered successfully traveled. When taking a job, the concept of a probationary period is not always mandatory, but it is always prescribed in the employment contract.

If the employee is admitted to employment without the preparation of the employment contract, then all the conditions for the test period can be included in the contract, only under the condition that both parties issued it before work as a separate agreement. In this way, the concept of probation Without signing the employment contract, it is not established.

The law set some categories of citizens in which the trial period does not apply:

Persons who were elected as a result of a competitive program for replacing a certain vacancy;
Women who have children who have not reached a year and a half, as well as pregnant women;
Persons who are not 18 years old;
Citizens who graduated from the educational institution of higher, secondary and primary vocational education, with the mandatory availability of state accreditation, and for the first time entering labor activities received by the specialty, but only within 1 year, from the day when training was completed in an educational institution ;
Persons who are invited to work as a transfer from another company to the mutual harmonization of both employers;
Citizens selected for a certain position on paid labor activities;
Persons who have concluded a temporary employment contract for up to 2 months.

If you belong to one of the above categories, despite this, you still have established a trial period, its conditions are not valid, since labor contracts do not contain conditions that can reduce the level of guarantees of workers or limiting rights. In case such conditions are contained in the employment contract, they are not subject to use (Article 9 of the TC of Russia).

Probation It should not exceed 3 months, but for the positions of the leading level, their deputies, heads, heads, managers of representative offices or other separate structural divisions of the company - the test period is 6 months.

The trial period does not include a temporary period of disability of the hired worker, as well as other periods when it was actually not at work (Article 70, part 7 of the TC of Russia).

If a longer test period is prescribed in the labor contract, then it is considered to be completed in the total of 3 months, from the moment the labor activity has begun. In other words, it is impossible to dismiss the employee due to the dissatisfied test result after 4 months from the beginning.

Summarize

Probation period A certain period of time when the employer checks the applicant to professionalism and sociability. In this test period, the employee must fulfill all the provisions that are registered in the employment contract and other regulations containing the rules of labor law, agreements, a collective agreement and local regulatory acts.

That is, the employee, during the trial period, is a full-fledged employee of an enterprise, which can be dismissed, in case of violation of legal norms prescribed in the employment contract or code.

During the test period, the employee is entitled to use all the guarantees that are provided for by labor legislation, for example, can use additional weekends due to voluntary blood donation, take an educational leave, go on maternity leave, etc.

If the organization is accepted at the end of the test period with certain indicators to promote an employee, the leader is obliged to pay him a premium. During the test period, the employee has the right to quit on his own initiative, warning his employer about it for 3 days in writing (Article 71, part 4 of the TC of Russia).

By virtue of dissatisfaction with the testing of the test (Article 71, part 1 of the TC of Russia), the employer has the right to terminate the employment contract with the employee, even before the expiration of the test term.

If the tenant did not notify you on termination of the contract due to the unsatisfactory test result, it risks to be attracted to administrative responsibility.

We hope you are now more aware that such a trial period, its deadlines and legal norms.

To verify the conformity of the employee, a test term may be included in the employment contract to work into an employment contract. We told in our how the maximum duration could be a trial period, as well as about the categories of persons who cannot be installed.

Successful testing of the test does not require any documentary. An employee simply continues to work further in the position that was accepted. Can they dismiss on the probationary period?

The unsatisfactory test result gives the employer the right to dismiss the employee "under the article". However, the employee can be resigned during the test period. Dismissal during the period of the test period on the initiative of any side of labor relations has its own characteristics. We will tell about them in this material.

Dismissal on the trial on the initiative of the employer

If the test results were recognized as unsatisfactory, the employer may terminate the employment contract with the employee without taking into account the opinion of the trade union (if it was created) and without paying a day off manual (part 2 of Art. 71 of the Labor Code of the Russian Federation). How to dismiss the employee on the probationary period? Here the main thing is to comply with a specific procedure.

The employment contract with an unsuitable employee must be terminated before the expiration of the test. At the same time, no later than 3 days before dismissal, the employer should warn an employee in writing about the upcoming termination of the contract. An example of a notification worker about dismissal we led. In the notification of the dismissal of an employee on a probationary period, it is necessary to specify the reasons for which the employee was recognized as not ashamed of the test. On the criteria that the employer is guided when making a decision on the results of the employee's test, we were told in a separate one.

Based on the decision of the employer about the dismissal of the employee, an order is published on the dismissal, in which the employee must sign. On the day of the termination of the employment contract, the employer is obliged to issue an employee a labor book, other documents related to work, as well as produce a final calculation (including payments for unused vacation) (Ch.ch.1, 4 Art. 84.1 TK RF) .

And how to enter the employment record on the dismissal of the employee on the probationary period? For dismissal on probation, the Article TC RF is special. This is part 1 of article 71 of the Labor Code of the Russian Federation. That is, in the employment record, it is necessary not only to provide a link to this article, but also decipher that dismissal is made in connection with the failure of the trial period (part 5 of Article 84.1 of the Labor Code of the Russian Federation). The wording in the employment record will look like this (pp.15, 18 rules, approved. Decree of the government of 16.04.2003 No. 225):

"The employment contract is terminated due to the unsatisfactory test result, part of the first article 71 of the Labor Code of the Russian Federation"

The decision of the employer about the dismissal of the employee in connection with the unsatisfactory test result, such an employee can appeal to the court (Part 1 of Art. 71 of the Labor Code of the Russian Federation).

Dismissal on the probationary term at the initiative of the employee

And whether dismissal is allowed at your own request on the probationary period? As we indicated, the employee can be fired on the probationary period at the initiative of the employer. And the question "can be dismissed on the probationary period" the answer is also affirmative. After all, the Labor Code of Russia does not limit the employee's right to dismissal on his own initiative. Moreover, dismissal during the test period for the employee is simplified.

How to quit the worker on the probationary period? If, during the test, the employee understands that the work does not suit him, he turns to the employer with a statement of an arbitrary form, in which he asks to terminate the contract on his own request. At the same time, to warn the employer about the dismissal, if the test term has not yet ended, it is necessary not for 2 weeks, but for only 3 calendar days before dismissal (part 4 of Art. 71 of the Labor Code of the Russian Federation).

And when can you quit the probationary period? Will quarreled on the probationary period, the employee can at any time. The Labor Code of the Russian Federation does not establish the minimum period that the employee must work in obligatory. However, it is necessary to take into account that the application for dismissal is filed at least 3 days and this period begins to flow from the day following the day of receipt of the application by the employer.

Regardless of whether the employee is dismissed during the test period or at any other time, the unified entry in the employment book is made. When dismissing on its own during the trial period in labor, it is necessary to record (paragraph 3 of Part 1 of Art. 77, Part 5 of Art. 84.1, pp.14, 15 rules, approved. Government Decree of 16.04.2003 No. 225, Section 5.2 instructions, approved. Resolution of the Ministry of Labor of 10.10.2003 No. 69):

"The employment contract is terminated on the initiative of the employee, paragraph 3 of the first part of Article 77 of the Labor Code of the Russian Federation"

The Labor Code of the Russian Federation does not prohibit the employer to dismiss the employee at his own request, even if the worker did not pass the test. After all, hardly the employee wants to have an entry on dismissal record in the workbook in connection with non-phripping. If the employer is not against, the employee may apply for dismissal at his own request. But here the employer is important to take into account the observance of the deadlines and possible risks. After all, for example, the application of the employee about the dismissal at his own request, such an employee may be withdrawn, and the employer may not have time to keep the procedure for dismissal under Part 1 of Art. 71 TK RF.

It is also important to remember, the employer cannot dismiss the employee passing the test if such an employee is on sick leave or on vacation (part 6 of Art. 81 of the Labor Code of the Russian Federation). But on his initiative, the employee can quit and in these periods.

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:

1. There are categories of workers for whom the probationary period (IP) is not provided at all.
2. 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.
3. To conclude an urgent employment contract for the time of IP is prohibited by the TC RF.
4. IP should not exceed three months. The exception is only managers and main accountants. For them, the maximum IP is 6 months.
5. 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.
6. The salary on the IP should not be lower than the existing salary existing schedule for a specific position.
7. If the worker did not pass the IP, the employer is obliged for three days in writing, indicating the reasons to inform his decision.
8. If ICs ended and the worker continues to work, it is believed that he successfully passed the IP.
9. 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.