Order for employment with a probationary period

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Order N____ Saratov 11/14/97 1. Hire Nikolai Alekseevich Sokolov as a manager, setting his salary in the amount of _________ rubles. per month. 2. Set a trial period for N. A. Sokolov from November 15, 1997 to December 15, 1997. 3. Familiarize N. A. Sokolov with this order against signature. Reason: Statement by N. A. Sokolov, Art. 15, 21 Labor Code of the Russian Federation. Director of LLC Viktorov N.I. Order N____ Rostov-Don 10/09/99 1. Hire Nina Vladimirovna Mikhailova as an accountant under the terms of contract with her N__ dated “___”____1999 2. In accordance with clause of the mentioned contract set a trial period for N.V. Mikhailova from October 10, 1999 to October 27, 1999. 3. To familiarize N.V. Mikhailova with this order against signature. Reason: contract N____ dated "___ "_____1999 with N.V. Mikhailova, Art. 15, 17, 21 Labor Code of the Russian Federation. General Director of JSC Surikov O. V. (95)

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Duration of probationary period

The Labor Code establishes specific probationary periods for various categories of workers:

Test period	What is it intended for?
Up to 12 months	For persons who will hold a leadership position in a government structure
Up to 6 months	determined when hiring employees for leadership positions (head and deputy head of an organization, chief accountant and his deputy, head of a branch and representative office).
Up to 3 months	is established for all categories of employees, unless the law contains other deadlines.
2 weeks	For persons concluding an employment contract for a period of 2 to 6 months,

The employer may set any period permitted by law. He can also unilaterally reduce the test time. To do this, an additional agreement is drawn up to the existing agreement. The employer cannot increase the probationary period, as this is prohibited by the Labor Code of the Russian Federation.
Important!!! The period of temporary incapacity for work and other periods when the employee was actually absent from work are not included in the probationary period.

Categories of workers for whom testing is not assigned

There are categories of persons who are prohibited from establishing a probationary period, these include:

employees of this organization when moving to another position;
employees of other companies hired for translation work;
pregnant women;
young mothers with children under 1.5 years of age;
persons under 18 years of age;
graduates of secondary specialized and higher educational institutions with primary employment in the acquired specialty within 1 year after receiving a diploma;
citizens who won a competition to fill a vacant position;
employees starting work in an elected position;
persons with whom an employment contract has been concluded for 2 months or less.

To prove that you belong to this category of citizens, you must provide a document that confirms this fact. This document must be presented to the employer at the time of signing the employment contract. Otherwise, the appointment of a probationary period will be justified and legal.

How to register an employee for a probationary period

Registration for a probationary period takes place in several stages. Let's consider all stages separately.

Stage No. 1 – Conclusion of an employment contract

An employment contract is drawn up based on general requirements and is concluded in writing. The contract must specify the conditions for acceptance at work of passing a test for suitability for the position being filled. If this clause is not specified in the contract, it means that the new employee was hired without a probationary period.

Remember: during the probationary period, the employee is subject to the norms of legislation and internal documents provided for permanent employees.

How to reflect the fact of testing in documents?

Now let's look at how to formalize a probationary period in the company's documents.

Application for a job

In Art. 70 of the Labor Code of the Russian Federation states that a test for employment is appointed by mutual consent of the employee and the employer .

Based on this norm, you can include in the application a clause where the employee himself asks to establish a probationary period.

If a controversial situation arises, this document will be one of the confirmations that the employee voluntarily agreed to such terms of employment.

For a precise understanding, you can see a sample application for employment with a probationary period, and for the convenience of further work, such an application.

However, the absence of lines in the application about the purpose of the test is not critical. It is much more important to correctly compose the main documents .

Employment contract

There is often an opinion that it is not necessary to sign an employment contract until the probationary period ends. However, current labor laws require not only to conclude an agreement with the employee at this time, but also oblige the employer to prescribe a probationary period in the employment contract (Article 57 of the Labor Code of the Russian Federation). Thus, the conditions of the probationary period must be specified in the employment contract - this must be remembered as an axiom.

The legislation does not provide further instructions on how exactly this should be done. Usually it is enough to highlight a separate subclause in the contract and indicate:

the very fact of the probationary period,
duration in days, weeks or months,
if available, links to appendices that define further conditions.

Separately, it is worth mentioning that it is impossible to assign a trial or its duration by order of the organization or by any other means bypassing the employment contract .

In order to correctly draw up an employment contract with a probationary period (), you need to carefully study the requirements of the Labor Code of the Russian Federation. You can also download a form of an employment contract with a probationary period of 3 months.

Probationary period for a fixed-term employment contract

The Labor Code establishes some restrictions on the duration of the probationary period:

not assigned for a contract period of up to 2 months,
no longer than two weeks if the contract is concluded for six months or less.

In other cases, there is no contradiction between the fixed-term nature of the contract and the probationary period. All documents for temporary employees are prepared in accordance with the general procedure .

Test conditions

One of the most important conditions for successfully passing the test is the employee’s fulfillment of the assignment issued for this period .

The task can be issued as an annex to the employment contract or in free form. The wording of the task should not allow for discrepancies , and the criteria for successful completion should be measurable and communicated to the employee in advance.

The results obtained during the task are also documented .

The employee must be familiarized with all the specified documents against a receipt indicating the date. Refusal to accept a task or a manager’s review of its completion is formalized in the form of an act .

If the manager decides not to continue the relationship based on the results of the assignment, then a notice of dismissal should be drawn up and presented to the employee at least four working days before the end of the probationary period.

The Labor Code does not describe the procedure for shortening an already approved probationary period, but the manager can inform the employee ahead of time about its end.

is prohibited by the legislation of the Russian Federation (Article 57 of the Labor Code) . Accordingly, it is unlawful to assign at this time a lower salary than provided for in the staffing table.

The order of acceptance to work

The order (directive of the manager) is drawn up in form T-1 (approved by Resolution of the State Statistics Committee No. 1b dated 01/05/2004) no later than three days from the date of signing the employment contract. The order and contract should use the same language regarding the test. It is necessary to obtain the employee’s signature indicating that he has read the order.

DOWNLOAD order for employment with a probationary period (

and form).

Stage No. 2 - Familiarization with internal rules

After hiring a new employee, he needs to be familiarized with the internal labor regulations. They represent a local act that spells out the main nuances of cooperation:

rules for signing and terminating an employment contract;
what are the rights and responsibilities of employees and managers;
establishing a work and rest schedule;
what rewards are expected of the employee based on the results of his work activity;
what offenses may result in disciplinary action.

Subsequent to the above, the employer has the right to demand that the employee comply with internal rules during the probationary period. There are no special rules for newly hired employees.

Stage No. 3 Familiarization with the collective agreement and other regulations

Before signing an employment contract, the employee needs to familiarize himself with one more important document, namely the collective agreement (Article 68 of the Labor Code of the Russian Federation). It stipulates the everyday side of working conditions and contains important information about the specifics of paying salaries, the need to take advanced training courses, health care, etc.

Before formalizing the probationary period, the Labor Code of the Russian Federation obliges the newly hired employee to familiarize himself with a number of other key acts of the enterprise. They may concern:

confidentiality of personal data;
ensuring safe working conditions;
requirements for the job function (job description);
customer service standards, etc.

Stage No. 4 Issuing an employment order

After completing all of the above stages, an order is issued to hire a new employee, which contains the following information:

Date of hire;
Duration of probationary period;
Type of work performed;
Working hours and wages;
Other information.

Stage No. 5 Filling out the work book

A work book is a document that contains information about an employee’s work activities. It is also issued during the probationary period.

Information that is reflected in the work book:

Seniority,
Job title;
Transfers in organizations;
Reasons for dismissal;
Received awards.

If the employee successfully completes the probationary period, no entry is made in the work book about passing the test.

But if the employee has not completed the probationary period, the employment contract is terminated and

Stage No. 6 Filling out a personal card

When hiring a new employee, the personnel department must create a personal card for him (form T-2). The document contains general information about him: position held, work activity, incentives, rights to benefits and much more.

If the probationary period has been passed, then no entries are made in the personal card. And if the employee has not passed the probationary period, they still enter the relevant information into the document and put a link to the norm of the Labor Code.

Stage No. 8 Journaling

During the probationary period, the enterprise keeps a log of the inspection, which records the completion or non-fulfillment of assigned tasks during the probationary period.

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FAQ

Question No. 1 For how long is the inspection completed if the employment contract is concluded for 5 months?

Answer: According to the law, if an employment contract is concluded for a period of 2 to 6 months, then the duration of the probationary period is 14 days.

Question No. 2 Is it possible to establish a probationary period for minors?

Answer: No, you can't. Since there are categories of citizens who are prohibited from establishing a probationary period, and minors are one of them.

New in registration for the probationary period of an employee in 2021