Regulations on the passage of the probationary period of Gazprom. Regulations on the procedure for passing the probationary period when applying for a job. Regulations on the procedure for passing the probationary period

Establishment probationary period- a common practice in modern employment. This condition is relevant for both commercial and budget organizations. Based on the results of the passed test, a decision is made on the admission of a citizen or refusal. The law allows this condition. However, Article 70 states that the consent of both parties is mandatory. There is also a limitation on the maximum trial period, which is three months.

In addition to the fact that this condition is directly prescribed in labor agreement, the enterprise has a local document that regulates the entire process. Most often, a provision is drawn up, the text of which describes the procedure for passing and its results.

Regulations on the recruitment of employees

In order to organize and systematize the procedure for hiring new employees, the relevant regulatory act in force at the enterprise is approved. Although this act is not considered mandatory, it is of particular importance for personnel officers, because thanks to it, rules are established on how to hire new employees. The necessary local document for this case is the regulation on the procedure for hiring citizens. Its content must comply with the Labor Code, the Civil Code of the Russian Federation, as well as the company's charter.

Interestingly, it is with the help of such a document that the standard form of an employment contract for an enterprise is adopted. Often two local acts are combined into one - on acceptance and dismissal.

Sample employment letter

AT general order this document may consist of the following significant sections:

Goals and task;
Justification of the vacancy and selection of candidates;
Design and selection;
Probation;
Adaptation;
A responsibility.

The following list of sections is only an example, none of them is approved as mandatory. Staff members assigned to these duties may formulate the titles of sections and individual abstracts as they see fit. The content of this local act with representatives of the trade union organization, and is approved by the head of the enterprise.

Regulations on the procedure for passing the test when applying for a job

Sometimes, with respect to the test, it is accepted separate document. In this case, an order is issued to approve the provision on the probationary period when hiring.

The content of this local act allows us to systematize this process. There will be a single procedure for personnel officers, which they will have to follow. Much will become clear for the employees themselves, who will know how the company assesses the passage of the probationary period. Similar documents are drawn up in educational, municipal, and other types of institutions. Their content is relevant for all departments of the enterprise.

Sample statement of probationary period for employment

This sample says that a special plan is drawn up during the test. An assessment form is also being developed, which will become the basis for continuing cooperation or for dismissal. The main three sections of this local act are the main rules, the order of passage and the results. A document on the passage of a probationary period when hiring may look like this:

Order on approval of the position on employment

By issuing an order, the compiled local document is approved. If the provision is more global and, for example, is valid in the entire federal subject, then a resolution is issued.

For example, such resolutions are relevant when a single procedure is approved for universities that accept vacancies teaching staff. What is in the order, what should be written in the resolution on the approval of the document. It also indicates the person who will be responsible for the execution of the order.

Regulations on the establishment of a quota for the employment of persons with disabilities

For the purpose of employment of persons with disabilities at the regional level, such orders are adopted. People with disabilities are somewhat limited in their abilities. However, the legislation provides for jobs for the disabled. In accordance with the orders, amendments should be made to the regulation on the procedure for hiring in the organization. Traditionally, the quota is determined by the total number of employees.

For example, with a number of up to 500 people, one place is allocated for persons with any disability group, and with a number of more than 5 thousand - 4 places.

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POSITION

1. General Provisions

1.1. The Regulation on the procedure for passing the test when applying for a job (hereinafter - the Regulation) was developed in accordance with the Labor Code of the Russian Federation (hereinafter - the Labor Code of the Russian Federation), the Charter of Astoria LLC (hereinafter - the Organization).

1.2. The regulation was developed in order to establish the procedure for employees to pass the test when hiring and the rules for processing the results of the test.

1.3. Responsibility for compliance with the Regulations rests with the head of the personnel department.

1.5. A condition for testing an employee by agreement of the parties may be provided for at the conclusion of an employment contract. The trial period may not exceed three months. For the head of the Organization, his deputies, the chief accountant and his deputies, heads of branches, representative offices or other separate structural divisions the probation period cannot be more than six months, unless otherwise established by federal law (part 5 of article 70 of the Labor Code of the Russian Federation). When concluding an employment contract for a period of two to six months, the test cannot exceed two weeks (part 6 of article 70 of the Labor Code of the Russian Federation).

1.6. A test for employment in the Organization is not established for:

Persons elected on the basis of a competition to fill the relevant position, held in accordance with the procedure established by labor legislation and other regulatory legal acts containing norms labor law(exclusively for those employees who are accepted into the organization by competition);

Pregnant women and women with children under the age of one and a half years;

Persons under the age of 18;

Persons who have received secondary vocational education or higher education according to state-accredited educational programs and for the first time entering work in the received specialty within one year from the date of receipt vocational education appropriate level;

Persons elected to an elective position for a paid job;

Persons invited to work in the order of transfer from another employer as agreed between employers;

Persons who have concluded an employment contract for a period of up to two months;

Other persons in cases provided for by the Labor Code of the Russian Federation, other federal laws, a collective agreement (part 4 of article 70 of the Labor Code of the Russian Federation).

1.7. The test condition is set in employment contract employee and in the order for employment.

1.8. The absence of a test clause in the employment contract means that the employee was hired without a test (part 2 of article 70 of the Labor Code of the Russian Federation).

1.9. In the case when the employee is actually allowed to work without drawing up an employment contract, a test condition can be included in the employment contract only if the parties have drawn it up in the form of a separate agreement before starting work (part 2 of article 70 of the Labor Code of the Russian Federation).

1.10. During the probation period, the employee is subject to the provisions of labor legislation and other regulatory legal acts containing labor law norms, collective agreement, agreements, local regulations (part 3 of article 70 of the Labor Code of the Russian Federation).

1.11. The period of the test does not include the period of temporary disability of the employee and other periods when he was actually absent from work (part 7 of article 70 of the Labor Code of the Russian Federation).

2. Procedure for passing the test

2.1. Before signing the employment contract, the employee gets acquainted with the job description for his position against signature and receives a duly certified copy of the job description in his hands. Confirming the receipt of a copy, the employee signs the job description kept by the employer and puts the date of its receipt.

2.2. The immediate supervisor, together with the hired employee, within the first two working days after hiring him, draws up and signs a work plan for the duration of the test, coordinates it with the head of the personnel department and approves it with the head of the Organization. The employee gets acquainted with the approved work plan for the duration of the test against signature.

2.3. The work plan for the duration of the test includes the name and scope of work, the timing of their implementation and specific results to be achieved by the employee. The tasks set in the plan should not go beyond the scope of the job description for a specific position and should be the same for all employees in the same position.

2.4. During the trial period, the employee performs the work assigned to him, provided for by the job description and work plan, and submits written reports on the work done.

2.5. The work plan for the duration of the test is kept by the immediate head of the structural unit of the employee until the end of the test period. One copy of the plan is given to the employee. In addition, a copy of the plan, after its approval, is transferred to the head of the personnel department.

2.6. The immediate supervisor may appoint an employee a mentor, a curator (an employee of a structural unit who has worked in the organization for at least one year), who helps the employee navigate in a new environment for him, introduces the work algorithm, the standards in force in the organization and provides the employee with other assistance in mastering job duties .

2.7. In the process of passing the test, the employee is subject to the rules of the internal work schedule and other local regulations Organizations.

2.8. If during the probation period the employee comes to the conclusion that the job offered to him is not suitable for him, he has the right to terminate the employment contract by own will by notifying the employer writing for three days.

3. The procedure for summing up the results of work during the test period

3.1. Two weeks before the end of the test period (six working days if the test period is one month), the immediate supervisor and the employee, together with the mentor (curator), discuss the compliance of the tasks set in the plan with the specific results achieved.

3.2. For certain positions, the list of which is established in the Internal Labor Regulations, by order of the head of the organization, a commission may be created to verify the results of the test and admit the employee to independent work. This order establishes the composition of the commission, the procedure for the work of the commission and the procedure for formalizing the results of its work.

3.3. The immediate supervisor draws up a conclusion in the form of a memo on the results of the work of the employee during the period of the test, attaching to it an employee assessment sheet based on the results of the test, and draws conclusions about the results of the test: "satisfactory" or "unsatisfactory".

3.4. The conclusion on the results of the work of the employee during the period of the test and the work plan for the period of the test with the marks of the immediate supervisor are transferred to the head of the personnel department no later than five working days before the end of the test period.

4. The procedure for terminating an employment contract due to an unsatisfactory test result

4.1. In case of an unsatisfactory result of the test, the employer has the right to terminate the employment contract with the employee before the expiration of the test period, notifying him of this in writing no later than three days before the end of the test period.

4.2. The head of the personnel department, on the basis of a conclusion prepared by the immediate supervisor (commission), prepares a draft written notice of termination of the employment contract due to an unsatisfactory test result and submits it for signature to the head of the Organization or another authorized by him official. The notification shall indicate the reasons that served as the basis for recognizing the employee as having failed the test. If necessary, copies of the documents that served as the basis for making such a decision are attached to it.

I approve ____________________________________ (name of the position of the head of the institution, enterprise) ____________________________________ (full name, signature) "___" ___________________ _______

Regulations on the procedure for passing the test when applying for a job

1. General Provisions

1.1. The purpose of an employment test is to verify the suitability of an employee for the work assigned to him.

1.2. The trial period is established by agreement of the parties and may not exceed three months. For the heads of the organization and their deputies, chief accountants and their deputies, heads of branches, representative offices or other separate structural divisions of the organization, the probationary period may not exceed six months. When concluding an employment contract for a period of two to six months, the test cannot exceed two weeks (Article 70 of the Labor Code of the Russian Federation).

1.3. The duration of the probationary period is indicated in the order for employment and in the employment contract. The absence of a test clause in the employment contract means that the employee was accepted without testing (Article 70 of the Labor Code of the Russian Federation).

1.4. The probation period does not include the period of temporary disability and other periods when the employee was absent from work for a good reason (Article 70 of the Labor Code of the Russian Federation).

2. Procedure for passing the test

2.1. Head of department where he works new employee, appoints a curator (an employee of the unit who has worked at the enterprise for at least one year), who introduces the new employee to the peculiarities of working at this workplace.

2.2. Within a week after hiring, the immediate supervisor, together with the newly hired employee, draw up a work plan for the duration of the test; the plan includes the name of the work, the deadline for their implementation and the specific result that the employee must achieve. If it is impossible to draw up a work plan for the entire test period, it is allowed to develop plans for a shorter period - a week, a month.

2.3. The work plan of a newly hired employee is approved by the immediate supervisor, agreed with the supervisor personnel service and signed by the employee, after which it is transferred to the personnel department.

2.4. In the case when the work plan is drawn up for a week or a month, the employee is obliged, on the last day of the specified period, to submit to the immediate supervisor a written report on the work done, indicating the results achieved and (or) the reasons for not fulfilling the established work plan (failure to achieve the set goals). If the work plan is established for the entire period of probation, the employee submits a report on the work done no later than two weeks before the end of the probationary period. The immediate supervisor has the right to demand the submission of a report earlier than the deadlines established by this paragraph.

2.5. Two weeks before the end of the probationary period, the immediate supervisor and the employee discuss the compliance of the set goals (work plan) with the specific results achieved.

2.6. The immediate supervisor writes an analytical note on the results achieved by the employee during the test period, gives a conclusion “passed the test” or “failed the test”, provides recommendations on possible professional development, enrollment of the employee in the personnel reserve.

2.7. The conclusion on the completion of the probationary period and recommendations are submitted to the head of the personnel department no later than a week before the end of the employee's probation.

3. Test result

3.1. In case of an unsatisfactory test result, the employer has the right to terminate the employment contract with the employee before the expiration of the test period, notifying him in writing no later than three days in advance, indicating the reasons that served as the basis for recognizing this employee as not having passed the test. The dismissal of an employee is made with payment for the time actually worked and with the wording "in connection with the unsatisfactory test result" (Article 71 of the Labor Code of the Russian Federation).

3.2. If during the probation period the employee comes to the conclusion that the job offered to him is not suitable for him, he has the right to terminate the employment contract at his own request, notifying the employer in writing three days in advance (Article 71 of the Labor Code of the Russian Federation).

3.3. If the probation period has expired, and the employee continues to work, he is considered to have passed the probation. Subsequent termination of the employment contract is allowed only on a general basis (Article 71 of the Labor Code of the Russian Federation).

Head of Human Resources: _____________/ ________________

Source - "HR Department budget institution", 2010, № 4

Deciphering the concept of the Labor Code of the Russian Federation

The concept of "probationary period" is mentioned in article 70 of the Labor Code of the Russian Federation. This clause of the contract protects the interests of both management and new employees.

The trial period is:

The time interval during which the employer is able to evaluate the professional qualities of a new employee in practice.
An opportunity to check the discipline of the candidate, the ability to work in a team.
The employee should decide whether or not to continue working in the new team and how satisfied he is with the new job.

The nuances of registration for the test period according to the Labor Code of the Russian Federation 2016

There is important subtleties in the preparation of documents for this period, because the probationary period is an additional condition in the admission documents.

Therefore, the mention of the test must be in the contract.

It is assumed that if there is nothing in the employment contract about the trial period, then the employee does not have it.
If the test is mentioned in the contract, then it can also be entered in the acceptance order.
It is not allowed to independently enter the test clause into the order.
An exception may be the case when an employee is allowed to start work without an employment contract, which is properly drawn up, that is, in writing (Article 67 of the Labor Code of the Russian Federation).
Then, within three days, a contract is drawn up and a line about the test is included in it.
But in this case, a preliminary agreement on the test is required.
Such an agreement must also be drawn up on paper.

The procedure for dismissal during the probationary period according to the Labor Code of the Russian Federation 2016

The test helps speed up the work.

Employer actions:

The employer must issue a written notice in which it notifies the employee of the termination of the contract three days in advance (Article 71 of the Labor Code of the Russian Federation).
The notice must be stamped and dated. One notification is given to the employee, the other is transferred to the accounting department.
The manager issues a dismissal order.
It remains to make the calculation, payments and give work book an ex-employee.

Employee actions:

The employee, for his part, is not obliged to work out a two-week period if he came to the conclusion that the place is not suitable.
The employee must notify the employee of the decision not to continue at this workplace. This must be done in writing three days before the scheduled date (Article 71 of the Labor Code of the Russian Federation).
However, there are cases when this rule does not apply, for example, if the head of the organization is in place of the subject. He must be warned one month in advance, Article 280 of the Labor Code of the Russian Federation.

The conditions for passing the probationary period can be found in the video.

What are the benefits of a probationary period for the employer and the subject

When a candidate is registered for new job, it is important for him to know what benefits the test provides.

In the process of work, the subject is a full-fledged employee of the organization and has, on a par with employees who make up the permanent composition, rights and obligations.

Differences:

upon dismissal, the subject is not required to work out a two-week period;
the employee has the right to choose whether to stay at this job or look for a new one.

The probationary period for employers is, in fact, saving time and money. To terminate the contract with an employee of the main staff, without his consent, you need good reasons.

It is much easier to fire a candidate during the trial period:

it is possible to dismiss an unsuitable employee within three days (Article 71 of the Labor Code of the Russian Federation);
settlement of the issue with trade unions is not required;
the consent of the employee is not required, it is enough to familiarize him with the notification.

Does the employee have rights and obligations during the probationary period?

What the subject is entitled to and what the subject is obliged to do is noted in Art. 70 of the Labor Code of the Russian Federation.

For such, of course, all the provisions of the Labor Code of the Russian Federation, the provisions of internal local acts and various agreements, the terms of the collective agreement, if any, apply:

Employee during this period labor activity receives a salary, the amount of which should not be less than provided for this position.
This condition applies to bonus payments only if they are mentioned in internal acts.
The employee receives temporary disability benefits, additional and study leave a.
If an employee on probation in 2016 falls under the states, then all the conditions for dismissal for this case also apply to him (Articles 81,178,180 of the Labor Code of the Russian Federation).
The employer controls the employee and checks the fulfillment of all the conditions of the employment contract.

During the test, the employee has all the rights and obligations that all employees of the organization have.

Probationary period

The management of the organization should not independently determine the duration of the test:

from Art. 70 of the Labor Code of the Russian Federation, it is known that this interval is 3 months;
if this period is passed by the heads of the organization, as well as chief accountants, deputies, heads of branches, structural divisions, then the test is six months (maximum);
if the interval of the employment contract is from two to six months, then the probationary period is set to two weeks.

How does it affect vacation, seniority and temporary disability benefits

Article 70 of the Labor Code of the Russian Federation mentions that for an employee on probation, all installations and clauses of labor legislation apply.

The countdown of the length of service begins with the start of work on a probationary period and is counted in the total length of service. And this experience is taken into account in the future when, in accordance with Art. 121 of the Labor Code of the Russian Federation in 2016.

However, there are periods of time that do not fall within the probationary period:

The interval during which the subject was on temporary disability leave is not taken into account when calculating the probationary period.
For example, if the test came to an end at the moment when the test subject was temporarily disabled, then after the sick leave is closed, such an employee must work the number of days that remained before the end of the term before it can be considered completed.
The test interval does not include the time when the employee was not in place: short-term leave without pay, study leave and other cases when the employee for some reason good reasons was absent with the consent of the management.

Thus, do not be confused:

the probation period does not include the absence of an employee at the place of work for various reasons;
but when calculating temporary disability benefits, vacation, work experience, this period is necessarily taken into account.

Which employees are not eligible for the test?

But not everyone has a trial period.

Article 70 of the Labor Code of the Russian Federation contains a list of categories of employees who work without testing:

candidates who have entered into a short contract for an interval of up to two months;
persons who were transferred to this job from other places;
pregnant women;
mothers with children under one and a half years;
applicants under 18;
persons who have received a diploma after graduating from higher or secondary educational institutions who for the first time start working in the specialty received after graduation. The interval before the start of work should be no more than a year.
persons who have received a position as a result of the competition.

If, according to the Labor Code 2016, a specific candidate cannot be set a period for probation, then it cannot be set, even if this is provided for by the internal documents of the organization and the employee himself is not opposed to establishing a probationary period. This conclusion is made on the basis of Article 9 of the Labor Code of the Russian Federation, which notes that internal documents organizations cannot restrict the rights and worsen the conditions guaranteed by labor legislation.

Test results and pay

Remuneration is regulated by chapter 21 of the Labor Code, where in Art. 71 states that all provisions of labor law apply to the test subject.

That's why:

An employer cannot arbitrarily reduce the salary of an employee during a trial period.
An employee on a probationary period is entitled to the salary established for this position.

The result of passing the test (Article 71 of the Labor Code of the Russian Federation) is the continuation of work if the employee is satisfied with the management of the organization and is himself satisfied with the working conditions.

If the test subject made a worthy impression, the employer can reduce the test period, which is specified in the contract:

This must be recorded in writing.
It is necessary to issue an order that it is considered finished.

If the trial period has ended, and the employee remains at his workplace, then he has passed the test. There is no need to create test completion documents.

If the employer is not satisfied with the work of the subject and intends to terminate the contract, he must notify him of his decision within three days and terminate the contract.

Thus, the probationary period is an important clause of the employment contract and is a kind of mutual tool that both parties can use.

At the right time, this tool can insure both the employer and the employee.

Find out about the duration of the probationary period and wages during it from the video.

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