What is the probationary period under the labor code?
Probationary period under the labor code - what is it?
Statistics show that many employers practice probation for beginners. Of course, employees do not like it - there are no guarantees of employment. The probationary period under the labor code may be issued only upon signing the employment contract. Let us dwell on this in more detail.
How is the probation period for admission to work?
The hiring of a new employee with a specified probation period should be reflected in the following documents:
- order of acceptance for this work;
- employment contract.
The contract can not be a trial period under the labor code in hindsight. The employment record notes the fact of admission and dismissal in the event that the employer did not want to hire the employee or the newcomer himself refused the position. When there are no indications of probation in the above documents, it is considered that the candidate automatically becomes an employee of the organization.
What is the duration of the test dates?
In general, no longer than 3 months. There are no lower restrictions: you can be hired a day after signing the contract. The probationary period under the labor code for responsible work (managers, their deputies, chief accountants) can last up to 6 months. It does not include the time when for any reason (b / s, temporary disability) there is no employee in the workplace. If the nature of the work is urgent, then the test time should not exceed 2 weeks. The law records cases when hiring is carried out without an additional term:
- pregnant women and women whose children are under 1.5 years old;
- young specialists after high school who have passed state accreditation and are hired for the first time;
Sometimes the question arises whether it is possible to extend the trial period. The answer will be negative, since the duration of the period is strictly stipulated and fixed in the contract, and after it expires, the employee is automatically hired (on the basis of article 71 of the Labor Code).
Payment of probation and subsequent work
Employers try to avoid unnecessary expenses wherever there is a possibility for this.Why overpay a person, if in the future he can be fired? But the snag is that the salary set forth in the employment contract cannot be changed. Therefore, the amount prescribed is lower than that of the employee in the same position. The bona fide employer, upon the expiration of the probationary period, concludes an additional agreement, in which he indicates the present amount of the salary. Unfair, at your own risk, can delay the conclusion of a contract or not at all enter into it (if the employee has no idea about his rights).
Dismissal during trial period
Employers inattentively read the labor code: a trial period, the dismissal during which can take place only in 2 cases, often becomes the cause of labor disputes. Mistakes in timing are quite common. An employee may apply for termination of work and be free of obligations on the 4th day. And the employer is obliged to warn about the dismissal for 3 days, based on the fact that the employee did not cope with the work.
Do not forget: a probationary period under the labor code is not a prerequisite.You can refuse it, but in this case you will have to look for another job.