For some activities, to work in major companies probationary period is a prerequisite for admission to the vacant position, and at the same time, is useful not only for the organization but also for the employee.This time allows us to understand the responsibilities fully and match them to their abilities, skills, experience.
But in reality, the introduction of a probationary period is not always pursues only noble goals, not always is beneficial to the employee, rather the contrary.
begin with, that the probationary period for newcomers introduced legislation in order to provide opportunity for organizations and workers to go with smaller losses of difficult situations and labor relations.For employers, the probationary period in employment - it is also an alternative to fixed-term contracts, which is not possible to conclude with each employee (Articles 58, 59 of the LC RF).State policy in this regard is aimed at reducing the number of legal proceedings to protect the rights of both workers and managers, and is reflected in the Labour Code, Article 70.
How actually going to use this legal assumption?
Most often manipulated by management undergoes probation period.Despite the fact that the law it is clearly established, many citizens still do not know the maximum time limit of his probation.And arranged on the place of work, where tests last longer allowed in the statutory period.Unscrupulous leaders newcomer squeezed to the maximum, and subsequently fired, hiding behind the phrase "the employee has not passed the probationary period."And very few people apply to the court to restore the violated rights.And who is drawn - in 96% of cases recovered in the past as a post probation officer because time was lost when it was possible to fire.
Sometimes managers extend the probationary period to be able to dismiss an employee later.Is it legal?How long is the trial period?What vacancies it necessarily installed, and what is not necessary?At what point does an employer can dismiss an employee during the probationary period, or only at the end?Must the advance to notify the employee of his decision?How it will affect the future employment of the employee his dismissal at the stage of probation?Is it lawful to pay cut on the test?Questions also arise there, but most of them can respond to the 70th article of the Labor Code of the Russian Federation.Let us turn to her.
maximum probationary period in accordance with this article is 3 months.The exceptions are senior positions, as well as chief accountant.For them, the term tests can be set up to 6 months.If the employment contract is for a short period (up to 6 months), testing for more than 2 weeks may not last.And, of course, about any extension of the probationary period by the employer and can be no question.Either the employee has passed the test or not.
probationary period can be set to any employee, other than those listed in Article 70 of the LC RF citizens.Most of the workers can be hired for a probationary period.However, if it is not specified in the employment contract, it is believed that the employee is accepted without testing.
During the probationary period an employee is subject to all the same rights and obligations arising in connection with the signing of an employment contract.The salary may be reduced with the consent of the parties, but in the Labour Code on this assumption, there is no mention.If the employee agrees to the conditions of employment of all the nuances found in the employment contract.If consent has been received, if the contract does not reflect the amount and the period during which such amount will be paid by the employee, all the actions of the head to reduce the salaries will be illegal.
remaining points regarding the outcome of the trial period are reflected in Article 71 of the LC RF, which has repeatedly changed, edit, add.In accordance with this article may be dismissed during the period of the test, if it does not post.But the head is obliged to notify the employee about it for 3 days, with specifying the reasons for dismissal in writing and in the correct form, with clear wording.Reason enough for dismissal can only be a discrepancy of personal qualities and experience of the post.The more specific it is formulated, the better.Preferably the presence of documented evidence of these words.If these reasons appear to be objectively or are insufficient for the dismissal, the employee can always go to court.It also has the right to appeal in court the dismissal, which occurred after the trial period.
the employee can leave at any time of the trial period (also notify the employer for 3 days), if it considers the responsibilities in this position is not relevant to their experience, qualifications, skills, preferences.And there is nothing wrong with that.The next job can already choose on the basis of these conclusions about yourself.
to all this can only add.In life there are situations that are difficult to fit into the scope prescribed by law.It never hurts to consult a lawyer in the case of serious reasons to defend their rights in court!
