What the worker needs to know about a trial period?
What is a trial period? It is a certain time interval for an assessment of abilities and professional qualities of the new worker and for acquisition of skills by it, necessary for successful work at this employer. During a trial period the employer checks compliance of the worker to the charged work. the worker has to be notified by
On test at employment. In some organizations the sample or the application form about employment joins a condition about establishment of a trial period.
Test is established at an execution of an employment agreement by agreement of the parties. At the same time establishment of test for again employed worker is the right, but not a duty of the employer.
The labor code contains a list of categories of workers concerning which it is forbidden to establish a trial period. It:
- the persons elected on a competition to replacement of the corresponding position;
- the pregnant women and women having children aged till one and a half years;
is the persons which did not reach age of 18 years;
is the persons which graduated from the educational institutions having the state accreditation initial, average and higher education and for the first time going to work on the profession within one year from the date of the termination of educational institution;
is the persons elected to an elective office on paid work;
is the persons invited to work as the translation from other employer;
is the persons signing the employment contract for a period of up to two months;
is the persons which successfully finished an apprenticeship at an execution of an employment agreement with the employer under the contract with whom they were trained.
Additional categories of persons concerning which test is not established are listed in the Federal law “About the public civil service of the Russian Federation“. Treat them:
- pregnant women - civil servants;
is the persons which ended training in educational institutions of professional education and for the first time arriving on civil service according to the contract for training with the obligation of the subsequent passing of civil service;
is the persons replacing positions of civil service of the categories “heads“ and “assistants (advisers)“ for a certain term of office;
- the public servants appointed to positions of civil service as the translation in connection with reorganization or liquidation of government body or in connection with reduction of positions of civil service.
The condition about test cannot be provided at transfer of the worker to other position in one organization. If you worked as the legal assistant, then at transfer to the lawyer`s position has no right to establish you a trial period as you continue work at the same employer, let and in other position.
If the condition about test is included in the employment contract in defiance of the legislation, then it is invalid and is not subject to application. The employer who allowed violation can be brought to administrative responsibility.
If the employment contract does not contain a condition about test, then, in - the first, the worker is deemed accepted for work without trial period, and in - the second, the condition about test cannot be brought in the order on employment and in other documents. The actual admission to work without registration of the employment contract - the unique case of establishment of test in the separate agreement, but not in the contract. Registration of such agreement is possible only before the worker got to work.
The legislation set restrictions on test term:
- about three months - for all workers at an execution of an employment agreement;
- about six months - for the head of the organization and his deputy, the chief accountant and his deputy, the head of branch, representation and the isolated structural divisions of the organization;
- about two weeks - at an execution of an employment agreement for a period of two about six months.
The trial period can be less than the specified term, but cannot exceed it.
In a trial period time when the worker actually was absent from work is not set off (for example, the period of an illness, execution by the worker of the state or public duties, etc.) .
The labor code of the Russian Federation does not contain the norms providing change of a trial period even by agreement of the parties as test is established only at an execution of an employment agreement and is not subject to revision.
In the order on employment of the data on establishment of test are reflected in the corresponding line. Information on establishment of test and its duration is not introduced in a personal card of the worker. Filling of the service record of the worker accepted with a test establishment condition is made by the general rules. Entering into the service record of record about establishment of test is violation of provisions of the Instruction for filling of service records.
If the trial period expired, and the worker continues to work, then it means successful passing of test. Successful passing of test documentary is not required to be fixed. If the result of test is recognized unsatisfactory, then the employer the employment contract having the right to dissolve before the expiration of a trial period.
During a trial period the worker has the same rights, as other workers. It is illegal to establish it for this period compensation below, than it is provided on the position held by it. Inspection bodies can recognize similar actions discrimination against the worker and impose a penalty on the employer.
Local regulations of the employer should not contain the norms allowing to limit guarantees of workers which are on test (for example, nonpayment of awards, refusal in registration of the policy of VHI, etc.).