It should be noted immediately that the trial period of the labor code may be assigned only to those employees who are employed with the signing of an employment contract.In other cases, probation is illegal.In any case, as stated in the Labor Code.
At the same no matter what type of employment contract worker gets a job, the employer may be given a trial period of the Labour Code.According to the provisions of the Labor Code of the same is done to ensure that the employer would be able to verify the qualifications and compliance with them hired employee requirements and the conditions of production (work assigned to work).
However, the appointment of such a verification period - this is not a mandatory procedure, and it can not be assigned.In fact, at the signing of the employment contract between an employee and his employer setting out all the conditions of work.Therefore, according to the law, the trial period of the labor code - a kind of mutual agreement between the two parties to enter into contracts.
few moments on employment probation.When hiring an algorithm filing employment and the employee does not depend on whether it is given a probationary period or not.The employee must submit an application to the personnel department, to provide work book, a passport and other necessary documents.
However for a probation officer, he should be informed and give their consent in writing.Such an agreement, usually appears in the form of the signature of the employee in the order of appointment (hiring).By the way, the form of the order is not arbitrary, but a certain form of state.
After the trial period of the Labor Code the employer is obliged to decide according to employee position.If the employee remains in the company for further work, a separate order is not issued.
If an employee, for whatever reason, or is not suitable for the requirements of the employer, the decision on his dismissal.But before officials employer should certainly report the reasons why this or that does not match the worker.Labour Code, probation, dismissal - the notion that everyone should own.Unscrupulous employers often use all sorts of tricks, especially when signing a temporary or seasonal employment contracts.Many avoid paper and red tape because of the dismissal of workers on indefinite labor contracts after the trial period, prefer to draw a different type of contract.They are called fixed-term employment contract.They usually consist of up to 3 months, which allows you to fire at the expiration of this period, the employee without any further explanation.
Many workers may face layoffs in addition to the extension of the probationary period.Is it possible to extend the probationary period, and by how much?According to the Labor Code
set maximum time limits for the trial period.For the workers, this period is one month for other categories of workers and employees of this period may be equal to three months.If the company has a union, the trial period, you can assign up to six months.But to do such a contract is agreed with the relevant authorities in the union.
in increasing probation law says - a probationary period may not be extended after the signing of the contract, either at the request of the employee, either on the initiative of.The only condition which can increase the probationary period on the labor code - a temporary absence from the workplace employee-related disability (or similar valid reasons).In this case, the trial period can be increased by the number of days equal to the time of absence of the employee in the enterprise.
