on the market of labor relations we increasingly see such a thing as a trial period.The law provides: the test has a maximum time - three months - for regular employees, for employees, as well as chief accountant and deputy and heads of organizations, heads of branches and representative offices - six months.If the employment contract is concluded for a period of two to six months, the test should not exceed two-week period.
Many employers naively believe that the dismissal on probation gives them some freedom in relation to the employee.But in fact, this is misleading.
probationary period is not one of the mandatory, therefore, the condition of the passage should be agreed with the employee in writing and included in the collective labor agreement, or.A potential employee must have at least warned even before the signing of the contract of employment of a probationary period.
law limits the potential of employees who are protected by the state from the conditions of the probation.These include:
- persons from the competition for elective office;
- pregnant women and women with children under the age of eighteen;
-grazhdane who have not attained the age of majority;
- young professionals;
- persons exercising authority to post a competitive basis;
- employees who have come through the translation;
- employees with fixed-term employment contracts for up to two months.
If a citizen who is one of the above persons will give its consent, and it will suffer dismissal on probation, the employee will be reinstated due to the lack of legal basis for the termination of labor relations.
During the probationary period the employee is endowed with those of the same rights as permanent employees.As a consequence, non-payment of wages and cash compensation for sick leave in full, deprivation of bonuses are in violation of labor laws.
After the trial period, there are only two possible scenarios: either to continue the employment relationship, or worker will be paid the full payment.
In the case where the employee continues his career at the same workplace, the dismissal as a non-permeate probation is illegal.The employer is not entitled to do so.
Dismissal on probation law before its expiration date.The employer must notify the employee in writing before the expiration of three calendar days.On the subject of calculation of terms, there are some debate, because the legislation does not provide a clear definition of this definition.
absent employee for legitimate reasons extend his probationary period.Because the test period includes only the actual time spent.Employers often used the dismissal on probation for employees is due to a long absence, even if the absence is justified documented.
Before starting work you should ask for a clear explanation of their duties at the opportunity to read the job description and familiarize yourself with the collective agreement.
all difficulties at work, the best place to fix in writing and submit to the head, in case of need was the confirmation of your competence.Present evidence in cases of contested termination of employment relationships, especially if the person firing the employee on probation is required to head the organization, but to protect against employee misconduct rather have their certificates.
Dismissal on probation will also be illegal if realized in the absence of the employee during the vacation or illness.This decision is subject to appeal in court.
employee is entitled to leave on their own while passing the test.However, he must notify the tenant no later than three days prior to the termination of the employment relationship.The employer can not hold such an employee.
