How to set a probationary period for an employee when hiring

How to register an employee for a probationary period

When hiring, some employers prefer to hire workers for critical areas after some testing. Sometimes such a test is a probationary period, which is appointed by the employer and to which the candidate for the position agrees.

The employer needs this testing period in order to understand how suitable the candidate is for the position and how he will perform the duties. Such a test is quite legal, since the employer for the time being cannot be sure that the tasks assigned in the future will be completed by this employee with a sufficient level of quality. For this purpose, the legislation provides for the possibility of documenting the desire to test a candidate using an employment agreement.

The Labor Code determines that an employment contract is drawn up with each employee who joins the enterprise. It should indicate, firstly, the existence of a probationary period for a particular employee, and secondly, all the necessary conditions for the probationary period. If for any reason testing is not documented, it should be assumed that no probationary period was established and the employee was allowed to work without testing his abilities.

You can learn how to draw up an employment contract correctly from the material “Procedure for concluding an employment contract (nuances).”

In addition to the employment agreement, the employer is required to draw up one more document: an order for employment with the enterprise. This order must also indicate that a probationary period has been established.

For the rules and sample of drawing up an order for employment, see the article “How to draw up an order for employment: sample - 2015”.

But the work book is issued without mention of the test. All entries are made in the usual manner for such procedures and with the usual information.

Find out about the procedure for making an entry for a job in the article “Work book - a sample of filling out a job application.”

Sample and form of an order for employment in the T-1 form

The employment order can be drawn up by an employee of the personnel service, or by the employer himself, if the enterprise is small. The document is signed by the relevant official (or manager), and only after that is presented to the new employee for signature.

An entry in the work book (or registration, if the employee receives it for the first time) is made after drawing up and signing the T-1 form.

The employment order signed by both parties goes into the archives of the enterprise and is stored there for the entire duration of the employee’s presence in a particular position. Sometimes a situation arises when an employee may need this order; in this case, he makes a request to the accounting department, and it issues him a certified copy of the document.

This is important to know: Exemption from payment of state duty: petition, who is exempt from payment by law

The copy must bear the company's seal.

For whom there is no probationary period?

Before placing an employee on a probationary period, the employer must make sure that the candidate is not included in a preferential category for which such a trial cannot be established. The list of released persons is given in Art. 70 of the Labor Code of the Russian Federation, it includes:

• candidates who were promoted to positions as a result of winning a competition;
• pregnant women;
• women raising children under 1.5 years of age;
• candidates under 18 years of age;
• persons who have graduated from secondary vocational educational institutions or universities, if they are entering work for the first time after receiving an education document;
• persons who were elected to office as a result of elections;
• persons who came to the position by transfer from other enterprises;
• employees who have entered into employment agreements for a period of up to 2 months;
• persons released from probation for other reasons.

Logging and storage

The journal for registering orders related to personnel is a special document used to process orders for the admission, transfer and dismissal of employees.

The shelf life of this paper is 75 years. The main section of the magazine does not imply any difficulties in filling out. This is a table of seven columns (order number, date, order number, type, full name, time sheet, basis).

This magazine also contains several auxiliary materials related to the unified forms T-1, T-5, T-8, as well as a list of standard documents.

Registration according to the Labor Code of the Russian Federation: duration, conditions of the probationary period

Probationary period - how is it documented and how to accept an employee for probation without making mistakes? According to the Labor Code, the employer must indicate in the contract the fact of establishing a probationary period and the period for which it will be valid. There are restrictions on the duration of the trial. For ordinary employees, its duration cannot exceed 3 months, for management and chief accountants - up to 6 months. In addition, if the employment contract is concluded for a short period (from 2 to 6 months), the probationary period can be determined for no more than 2 weeks.

The period allotted for the test and recorded in the documents can be extended and revised upward only in exceptional cases. For example, when an employee missed work days without a justified reason, which could be illness, fulfilling a donor duty, etc. In such circumstances, the missed deadline is calculated in detail and added to the probationary period.

Registration for a probationary period under the Labor Code of the Russian Federation implies that an employee for whom a probationary period has been established is protected to the same extent as employees with employment agreements without testing. That is, all labor standards regarding wages, disability, etc. apply to him. As a result, for example, payment for his labor should be at the same rates as for main personnel. But his responsibilities are similar: he must comply with all disciplinary regulations established at the enterprise.

The difference between those employees who are forced to undergo a probationary period and those who work without such testing (already passed or were hired without testing) is only that their dismissal procedures differ.

Duration of the trial period

In order to fully resolve all kinds of conflict situations, Russian law establishes that the average duration of the probationary period should be within three months. The employee’s management itself may assign a shorter period, however, the main cooperation agreement establishes the maximum duration of the probationary period. This is because the test can be stopped at any time, but cannot be extended.

In some cases, there are a number of reasons why the length of the period may differ from the established norms.

• In the case where the applicant is trying to occupy the position of a civil government employee, the probationary period can last from 3 months to one year.
• If an employee gets a job as a manager or manager of a company branch, as well as a chief accountant, the probationary period can last up to six months.
• If the employment contract is concluded for a period of up to six months, the trial period is limited to two weeks.

The registration of an employee for a probationary period takes into account the fact that all sick days, weekends or holidays during this period are not counted. If the probationary period is 2 weeks, and the employee spent this time on sick leave, then in any case he will have to work the allotted time.

Report and conclusion after the probationary period

Almost every organization practices the preparation of a report on the probationary period. The report indicates how the employee’s testing went, what comments were made about him and what results he was able to achieve in the process of cooperation. Basically, this documentation is filled out in accordance with the established template on an A4 sheet and includes sections such as:

• difficulties that arose during the probationary period}
• employee potential and desire to work}
• tasks that the employee could not cope with, and available options for solving them}
• tasks that the employee performed well.

At the end of the probationary period, the employee can ask his superiors for a written report on the work performed. This document clearly identifies the following criteria that this employee meets:

• responsibility for completing assigned tasks}
• tendency to work in a team}
• ability to stick to a work plan}
• competence}
• desire to achieve a goal}
• desire to work for the benefit of the company or firm.

How are the test results presented?

The test results are presented as follows:

1. If, after the expiration of the test period, the employee has not received negative feedback on his work activities, it is considered that he has successfully completed the control period. A separate order or instruction regarding such results is usually not issued.

2. If the employer is not satisfied with the labor success of the subject, then the employee must be notified of such an opinion in writing. The message about the results of the probationary period must contain the reasons on the basis of which the conclusion was made about unsuitability for the given position.

The option in which a candidate is denied the desired job entails some difficulties for the employer. If the reasons in the notice are not sufficiently substantiated, the employee can file a claim in court and appeal the employer’s decision. Therefore, the management of the enterprise must carefully select documentary evidence of the candidate’s insolvency. For example, reports from the subject’s immediate superiors, results of internal audits and investigations, written complaints from clients, explanatory notes from employees regarding violations, etc. will be useful.

There are certain regulations for notifying about the decision made. Thus, the employee must be given written notice no later than 3 days before the date of dismissal. The date on which dismissal is scheduled must be within the probationary period. If the subject refuses to accept the notification, the enterprise draws up a special report indicating the incident.

The employer is allowed to dismiss the subject at any time during the probationary period. This action has some negative consequences.

• firstly, the right to severance pay is lost, if it was provided for by the collective agreement.
• secondly, the trade union organization will not be able to prevent the dismissal, since such circumstances are beyond its competence.

In order to correctly record an entry in the work book upon termination of probation at the initiative of the employer, one should be guided by the provisions of clause 18 of the Decree of the Government of the Russian Federation of April 16, 2003 No. 225 “On work books.” It says here that in this entry you should refer to Art. 71 Labor Code of the Russian Federation.

Download a sample entry form here:

But there are no obstacles to dismissing an employee at his own request during the probationary period, and he has the right to quit at any time. However, he must inform about his intention to terminate his employment relationship with the employer no later than 3 days before his intended departure.

Documents in which the condition of execution must be indicated. period

In most cases, the employer uses his right to assign a test to a new employee, but he can do this only with the consent of both parties (Article 70 of the Labor Code of the Russian Federation). As practice shows, the employee simply has to agree to the set conditions.

IP is regulated by Art. 70 and art. 71 Labor Code of the Russian Federation. The standard duration of IP should not exceed 3 months, but in some cases the test period can be 6 months (Article 70 of the Labor Code of the Russian Federation). Regardless of the presence or absence of a probationary period, the employment relationship must be documented. An employment contract (EA) is concluded in writing between the employee and the employer, where one of the clauses specifies passing the test.

Important! The document must indicate the duration of the IP, as well as the amount of wages for this period.

In addition to the employment contract, information about passing the IP must be indicated in the employment order. The employee is required to familiarize himself with this document. He confirms his knowledge with a personal signature.

How to properly formalize a probationary period in a permanent and fixed-term employment contract is written here.

How is an application made so that an employee is accepted according to the rules?

The entire process of documenting labor relations begins with the employee drawing up a written application for employment. The legislation does not require the preparation of a separate document on the purpose of the test period. The presence of IP is displayed only in the TD and the employment order. Therefore, an IP clause is typically added to a standard employment application.

Labor legislation does not establish a special form of the document, therefore the application from the employee is drawn up arbitrarily, but must necessarily contain the following points:

1. name of the enterprise and full name of the manager in whose name the application is being drawn up;
2. document's name;
3. request for admission to a specific position;
4. clause on the purpose of IP, its duration;
5. date of commencement of the employment relationship;
6. date of document preparation;
7. Full name and personal signature.

The duration of IP must comply with the provisions of Art. 70 Labor Code of the Russian Federation.

How to issue an order to hire an employee?

Documentation of labor relations occurs in accordance with Art. 68 Labor Code of the Russian Federation. After the employee and the employer have agreed on all the conditions, they enter into a TD, on the basis of which the employer draws up an order for the hiring of a new employee. The terms of the order must coincide with the terms of the contract.

If the TD contains a clause about passing the test, then the employment order must also contain such information.

The order must contain the following information:

1. Full name of the employee;
2. position and name of the department of the enterprise where he is hired;
3. working conditions;
4. salary amount;
5. duration of the test period.

Note! All information must be formulated in the order in the same way as in the employment contract.

The order must be reviewed by the new official against signature. This must be done no later than three days from the moment he began to perform his labor functions.

Is there an agreement, or can there be no agreement?

The employment relationship between the employee and the employer must necessarily have documentary evidence; only in this case the employee will receive an official place of work, and the employer will not be held liable for the illegal registration of the employment relationship.

From the very beginning of work, a TD must be signed between the parties , which must include a clause establishing a probationary period for the employee.

If the TD does not contain a record of the appointment of the IS, then in this case the employee is considered to be hired for the position without testing.

If the parties initially agreed on the passage of IP, the employee has already begun to fulfill his work duties with the permission of the employer, but this has not yet been documented, then it is no longer possible to include a clause on IP in the TD.

Is an entry made in the work book during the period of employment? period?

When an employee is hired for a new place of work, a corresponding entry is made in the work book. The responsible employee of the HR department enters new information into the document, guided by the rules specified in Decree of the Government of the Russian Federation dated April 16, 2003 No. 225.

Information about an employee’s hiring for a position is recorded in the “job information” section of the work book. The data must match the employment order. In accordance with labor legislation, it is not required to make an entry in the book that the employee is hired for a probationary period.

All data is entered in standard form:

• serial number of the entry being made;
• full name of the organization;
• job title;
• number and date of creation of the order to hire the employee.

The photo shows a sample entry in the work book during the probationary period:

Important! If the contract is open-ended, then only the date of hiring the employee is indicated, and if it is concluded for a specific period of time, then the period of employment must be indicated.

What happens if the appropriate entry is not made?

Information about passing the IP must be indicated in the TD and the employment order. If there is no such clause in the documents, then, accordingly, the IP itself cannot be assigned (Article 70 of the Labor Code of the Russian Federation).

In some cases, the employee goes to work even before signing an employment contract. In such a situation, a clause on passing the IP can subsequently be included in the TD only if the parties, before the employee began performing his duties, entered into a written agreement between themselves on passing the test.

Extension of IP by making adjustments to the TD is considered illegal (Letter of Rostrud dated March 2, 2011 No. 520-6-1).

The probationary period gives the employer the opportunity to take a closer look at the new employee, and the employee to understand whether he likes this job or not. If one of the parties is not happy with something, then a dismissal procedure will follow. You can read about how to dismiss an employee at the initiative of the employer here, and about dismissal from an IP at your own request here.

Results

If an employer decides to hire an employee for a certain position and set him on a probationary period, then the following must be done:

• ask whether the candidate for the position is exempt from the test;
• include a clause on the probationary period in the employment contract, which determines its duration.

The employer has the right to terminate the employment relationship with the subject at any time during the probationary period.
However, with such a decision, you will have to select compelling arguments and documents in favor of early termination of cooperation. Otherwise, there is a risk of litigation. You can find more complete information on the topic in ConsultantPlus. Free trial access to the system for 2 days.

Guarantees for the employee during the probationary period

Knowing how to apply for a probationary period is not enough. The applicant must be sure that he has his rights and demand that management respect them. A person who has started work subject to preliminary testing has equal rights with other colleagues. This applies to the entire workflow.

If a certain salary is established for the position held, then the employee during the probationary period must receive it in full. If the pay differs from the amount that others in a similar position receive, then the employee has every right to complain about his superiors. The employer does not have the right to deliberately reduce the level of wages for those who came for a probationary period.

Trial. For what?

It is not uncommon for a person to work for a short time and leave the company for various reasons - something did not suit him or the employee himself did not fit in, did not fit into the team or was unable to fulfill the duties assigned to him. In order to initially check the candidate's compliance with the requirements, there is a probationary period of work. During this period of time, management carefully looks at the new employee, evaluates him, and collects a dossier on him: how and what he did at the workplace, whether he was often late, whether there were any violations of the internal rules of the enterprise and other aspects of his working life.

The results of the trial period must be documented. There is no specific list of documents for these purposes, but there are recommendations. The subject has the same rights and responsibilities as other employees, so even being late can serve as grounds for termination of the employment relationship. On an equal basis with others, the subject receives both incentives and penalties in the service (Article 79, paragraph 3 of the Labor Code of the Russian Federation). Management, at its discretion, issues a reprimand or reprimand for a violation, however, it would not be right to immediately fire someone just for one such mistake. According to Art. 81 Labor Code grounds for dismissal may be:

1. absenteeism. This means absence from work for four hours or more without a valid reason}
2. appearing at work while intoxicated, including appearing on the territory of an enterprise or facility where the employee is supposed to work}
3. violation of labor protection requirements, if as a result of it an accident occurred, the fact of which is established by a special commission on labor protection (Article 218 of the Labor Code) or an authorized specialist, a labor protection engineer (Article 217 of the Labor Code).

Let's summarize the dossier. What data may be included in an employee’s negative dossier:

• release of defective products, confirmed by relevant acts}
• poor quality work}
• explanatory notes from an employee on various occasions}
• his written reports on the work done}
• reports on violations of discipline, job descriptions}
• other.

Generalization of these materials will serve as grounds for dismissal of the employee. Why is this information needed? The fact is that, according to Article 71 of the Labor Code of the Russian Federation, the probationary period can be terminated early at the initiative of the manager if the employer is not satisfied with the professional qualities. A dismissed person has the right to go to court for reinstatement or to recover compensation. And the dossier will serve as an evidence base for the court, thus the company will protect itself from litigation.

Some categories of persons have the right to get a job without a probationary period. According to Art. 79 paragraph 4 of the Labor Code, a list of such candidates is established:

}

• applicants for positions elected through competitive selection}
• pregnant women or with small children under 1.5 years old}
• young people under the age of 18}
• graduates of educational institutions just starting their career, and if no more than a year has passed since graduation. Those who have already worked but are getting established in their specialty for the first time also do not pass the test}
• transferred from other enterprises as agreed by management}
• persons entering work temporarily, no more than two months}
• persons discharged from military or alternative service to the reserve}
• disabled people sent to work with the consent of MSEC.

Order for employment with a probationary period

/ / / In order to test the actual knowledge of an employee and his existing skills, the management of the company, with his consent, can establish a test at the time of his admission.

The administration of the subject must formalize this situation by issuing an order for employment with.

,Word.

During this period, the employee’s performance indicators are recorded and compared with standards. If an employee cannot cope with his job, then his management has the right.

The condition for establishing a probationary period must be present in the agreement concluded with him, as well as in the administration’s order for admission.

The latter is drawn up on the basis of a formalized agreement. Rosstat provides a standardized T-1 form for the admission order, which is present in many specialized personnel accounting programs. The company has the right to develop its own form, taking into account the specific features of its activities.

It is also possible to issue an order in free form on company letterhead.

The name of the enterprise is filled in at the top of the document, and the registration number in OKPO statistics is entered next to the side.

Below is the name of the document, next to which its next serial number and the date of issue of the order are written down.

Then you should reflect the date from which the employee will be enrolled in the company’s staff to perform his job functions.

Attention! If the contract drawn up has a validity period, then its end date should be indicated below. Otherwise, this field should be left empty. Next, write down the personnel number assigned to the HR employee at the time of admission, and below is his full personal data - full name.

Sample order for acceptance under a fixed-term contract without a probationary period

— — Order without probation period sample 2021 Namely:

1. name and number of the document;
2. a record of the basis document for extending this period;
3. Business name;
4. last name, first name, patronymic of the employee;
5. a description of the basis for extending this period;
6. test extension date;
7. manager's signature;
8. Stamp of the company.

The document justifying the extension of the test period must be attached to this order. HR department employees are most often responsible for drawing up such an order.

They must promptly familiarize the new employee with the issued order against signature. Sample of drawing up an order For greater clarity, you should give an example of a drafted order to extend the duration of the probationary period due to valid reasons.

Working conditions An employment agreement differs from the main employment contract only in that it contains a footnote regarding the presence of a probationary period.

All other working conditions are reflected in Article 57 of the Labor Code of the Russian Federation. As a rule, employers do not make adjustments to official legislation. Is it established for a fixed-term agreement for 3 months? Referring to the legislation, namely Article 70 of the Labor Code of the Russian Federation, an employer can assign a probationary period to an employee when hiring under a fixed-term contract.

The employee has the right to agree or not.

Even if the employee refuses the probationary period, the employer cannot contradict him. Since the extension of the probationary period is not permitted by law, the period itself should not be longer than established.

Attention But any director is obliged to provide compelling (most often, documented) grounds for which this procedure is permitted.

In addition, the employee must be notified in advance of the fact of termination of cooperation, and the employee himself can appeal this decision in court if the boss has not provided compelling reasons sufficient to terminate the contract.

1. Employment contract (fragment).