First of all, in the Labour code sets out the limits for certain categories of workers that cannot be taken for trial. These include pregnant women and those who have children under the age of one and a half years, and also minors and young specialists – graduates of professional educational institutions. In this case, job seekers the citizen is obliged to provide the employer with proof of his status.
Special attention should be paid to young professionals. The probationary period may not be established and not to stipulate in the employment contract only under certain conditions. So, after graduation should not go more than a year and the vacancy for which the employee claims, should correspond to the specialty, which he received at the University. In addition, the school must have state accreditation, and labor book of the employee should not be records that in his specialty he has already acquired industrial experience. HR must ensure that the letter of the law was not violated, because otherwise, in accordance with article 5.27 of the administrative code, the company may be subject to an administrative fine or its activity may be suspended.
In accordance with article 70 of the labour code, the maximum duration of the probationary period shall be 3 months, the employer has the right to reduce it or even to renew, if the employment contract it is installed in less time. However, in the second case, you will need to sign the consent of the employee, after the probationary period and its duration are essential conditions of the originally signed an employment contract.
Making the probationary period should not be limited only to inclusion in a contract of employment record of its establishment. To the employer be able to fire an employee who failed the test, this condition and its duration should also be reflected in the order on admission to work. In addition, the employee needs to be developed specific tasks with which it must cope. Their fulfillment is also necessary to issue individual acts of acceptance.
If the employee test is not passed, the employer must track the end of probation period to three days to notify the employee of the impending dismissal in writing. In the case where the worker has sustained a trial period, to issue any specific order or entry in the workbook is not required. According to article 71 of the LC RF, if, after finishing the test, the worker continued to perform his duties, he is automatically considered to be satisfactory.
Note that the employee's transfer or appointment to another position during the probation period automatically means that the test is passed, and his term is over.