Employment contract with a trial period of 2 months. How to fill out an employment contract for a trial period. Application for a job with a probationary period

From the point of view of the layman, the presence of a test clause in the employment contract means that the employer will probably pay less wages and may not extend the employment relationship if the test fails. Meanwhile, the current labor legislation gives an employee who has concluded an employment contract with a probationary period also rights, and also provides certain guarantees. There is no officially approved form, as well as a sample employment contract with a probationary period, therefore, when developing your form, it is important to take into account some points.

Probationary period at the conclusion of an employment contract

Despite the fact that the current labor legislation, the employer is not limited in the rights to establish a test for the employee when concluding an employment contract, this right can only be exercised by him with the consent of the employee.

In addition, the right to provide for a probationary period in employment contracts is not unconditional, even with the consent of the employee, and may be limited. In particular, the legislator associates such a restriction with certain categories of workers.

The legislator prohibits the employer from entering into an employment contract with a probationary period:

if the employee is hired for urgent work for up to two months;
if a pregnant woman or a woman who has children under one and a half years old is employed by the employer;
if an employee is hired who is not yet 18 years old;
if the employee is employed in the order of transfer, etc.

A complete list of such persons is contained in Part 4 of Article 70 of the Labor Code of the Russian Federation.

With these persons, the employer should not use a sample employment contract with a probationary period. If, nevertheless, the test condition for the specified category of workers for some reason turns out to be in the employment contract, then this condition is void. However, this does not entail the nullity of the remaining provisions of the employment contract. In addition, the employer cannot dismiss such an employee due to failure to pass the test - the courts recognize such dismissal as illegal and oblige the employer to reinstate the employee at work and pay him wages during the forced absence.

Employment contract with a trial period of 3 months

The Labor Code of the Russian Federation strictly regulates the possible terms when establishing a test for an employee when applying for a job. It is necessary to take into account both the period for which the employment contract is concluded and the category to which the employee being hired can be assigned.

An employment contract with a probationary period may contain the following probation periods (parts 5 and 6 of Article 70 of the Labor Code of the Russian Federation):

3 months. AT this case the rule on the establishment of this period for all categories of employees is applicable, unless the law contains other periods. This period is the maximum and can be reduced by the employer;
up to 2 weeks. A reduced probationary period is established when the parties conclude a fixed-term employment contract limited to a period of two to six months;
up to 6 months. Such a long probationary period can be determined when hiring employees for senior positions (head and deputy head of the organization, chief accountant and his deputy, head of the branch and representative office).

The test for employment is drawn up in writing by including this condition in the employment contract and familiarizing the employee with the procedure for passing it.

Download a sample employment contract with a trial period

Features of concluding an employment contract with a probationary period in the civil service are regulated by the Federal Law of July 27, 2004 N 79-ФЗ “On the State Civil Service Russian Federation».

Probation period extension

The employer does not have the right to extend the probationary period. The supervisory authority represented by Rostrud in its explanations also indicates the inadmissibility of its extension.

glavkniga.ru

An employment contract without a probationary period is concluded with the following categories

Employees elected by competition to fill the relevant position.
For example, in accordance with federal law dated 02.03.2007 No. 25-FZ “On municipal service in the Russian Federation”, the conclusion of an employment contract with a municipal employee may be preceded by a competition. The competition itself is held in order to assess the professional level of applicants for a position municipal service, their compliance with the established qualification requirements to a municipal service. The competition for the position of the municipal service solves the problem probationary period in full, so establishing an additional test is redundant.

Pregnant women and women with children under the age of one and a half years.
This provision applies not only to women with children under the age of one and a half years. But also on other persons raising children of this age without a mother.

Underage workers.

Employees who received secondary professional education or higher education and for the first time employed in their specialty.
In this case, there are two additional conditions:

The educational organization must have state accreditation educational programs(in this case, the graduate will have a state-recognized document on education).
Graduate educational organization must be employed in the specialty received within one year after graduation.

Employees elected to an elective position for a paid job.
For example, a newly elected deputy State Duma Russian Federation.

Employees invited to work in the order of transfer from another employer as agreed between the employers.

Employees who have concluded an employment contract for a period of up to two months.

Summarizing
An employment contract without a probationary period can be concluded with any employee, for this only the good will of the parties is required labor relations. By virtue of the law, with certain categories of workers, a probationary period is not established at all.

Video on the topic “Employment contract without a probationary period”

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Probationary period according to the Labor Code of the Russian Federation

According to the provisions of Art. 70 of the Labor Code of the Russian Federation, a probationary period for an employee can be assigned subject to the following rules:

The presence of mutual consent of the parties (employer and employee) on the inclusion of a test condition in the employment contract.
The use of the probationary period condition only in relation to newly hired employees.
An indication of such a condition in an employment contract concluded in writing. Otherwise, the employee is declared accepted into the state without a probationary period. If a person proceeds to perform job duties without drawing up an employment contract in writing (Article 67 of the Labor Code of the Russian Federation), a separate agreement on the conditions of the test should be signed even before the start labor activity employee. The introduction of a clause on a probationary period during the subsequent drawing up of an employment contract is unacceptable.
The distribution of all provisions of labor legislation to the employee undergoing the test on an equal basis with other employees. For example, a decrease in salary for a probationary period is contrary to the Labor Code of the Russian Federation, in particular Art. 22 (principle of equal pay for work of identical value).

The test condition must be contained in the order for employment (Article 68 of the Labor Code of the Russian Federation). A note on the employment of a person with a probationary period is not entered in the work book (clause 3.1 of the Instructions for filling out work books, approved by Decree of the Ministry of Labor of Russia dated 10.10.2003 No. 69).

Probationary period

The maximum maximum duration of the trial period is 3 months, however, for certain positions it can be increased to six months, unless otherwise provided by federal law (Article 70 of the Labor Code of the Russian Federation). These positions include:

head (and deputy head) of the organization;
Chief Accountant(and his deputy);
leaders separate subdivisions organizations (branch, representative office, etc.).

For persons entering into an employment contract for a period of 2 to 6 months, there is an indicator of the maximum duration of the test - 2 weeks (Article 70 of the Labor Code of the Russian Federation).

The lower limit on the duration of the test is not established by labor legislation and is determined solely by agreement of the parties - the employee and the employer (regardless of the type of contract, which can be fixed-term or open-ended). The exception is the requirements of the legislation on civil servants.

The test conditions for persons entering the civil service are regulated by the Federal Law “On the State Civil Service of the Russian Federation” dated July 27, 2004 No. 79-FZ. The duration of the probationary period in this case is from 1 month to 1 year (that is, not only the upper, but also the lower threshold is set).

If the period allotted for the test has expired, and the employee continues to work, he is considered to have passed the test for compliance with the assigned work.

Extension of the probationary period under an employment contract

The employer cannot decide on its own whether to extend the probationary period. Labor law does not allow the establishment of a test period exceeding the regulated Art. 70 of the Labor Code of the Russian Federation, temporary restrictions, even if the consent of both parties is obtained.

The probationary period may be extended in cases where the employee was temporarily unable to work or was not at work for other reasons (for example, was on leave without saving wages, acted as a juror, etc.). In this case, the test is considered interrupted and resumes after the subject returns to work. Thus, the end date of the probationary period fixed in the employment contract is shifted.

The total time for passing the test before the break for the indicated reasons and after it should not exceed the period established by the agreement and labor legislation.

To extend the probationary period, an order of the appropriate content is issued with the attachment of documents confirming the grounds for such an extension.

Probationary period for a fixed-term employment contract

The possibility of including a test condition in a fixed-term employment contract depends on the type of work the person is hired for:

Seasonal work (Article 293 of the Labor Code of the Russian Federation). Taking into account the definition of seasonal work, the period of performance of which usually does not exceed 6 months, it is prohibited to set the duration of the test to more than 2 weeks.
Temporary work. Their duration is determined by Art. 59 of the Labor Code of the Russian Federation - up to 2 months, i.e. the test in this case is unacceptable (Article 289 of the Labor Code of the Russian Federation).
Other works. In the case of an agreement between the employer and the employee for a period of 2 to 6 months, a probationary period of more than 2 weeks is not allowed.

Fixing the results of the trial period

The procedure for an employee to pass a test is not regulated by labor legislation. Evaluation of an employee for compliance with the assigned work falls within the competence of the employer (appeal ruling of the Moscow City Court dated 02.10.2014 in case No. 33-26307 / 14):

The employer himself decides how to organize the passing of the test by the newly hired employee. At the same time, all assigned tasks must comply with the functionality regulated by the employment contract and job description this specialist(determination of the Moscow City Court dated November 24, 2011 in case No. 33-38122).

The employer must not create obstacles for the employee to fulfill his duties and take into account, when analyzing the results of labor activity, objective circumstances that could prevent the subjects from achieving their goals, for example, failure to provide a job or downtime due to the fault of the employer (decision of the Savelovsky District Court of Moscow dated 04.03.2009 No. 2-967/2009).

The result of passing (failing) the test is recommended to be drawn up to the immediate supervisor of the employee in the form of a written opinion with the explanatory notes of the test subject, testimonies of other employees of the organization, customer reviews and other documents (if any).

The legislation does not establish a requirement to draw up such a conclusion, however, it can serve as a justification for terminating an employment contract under Art. 71 of the Labor Code of the Russian Federation and be used as evidence in the event of an appeal against the fact of dismissal by an employee in court (the appeal ruling of the Kaliningrad regional court dated 04.12.2013 in case No. 33-5165/2013).

Dismissal on probation

Art. 71 of the Labor Code of the Russian Federation establishes that in the event of an unsatisfactory result of the work of an employee on probation, the employer may terminate the employment contract with him at any time before the end of the probationary period. In this case, the latter is obliged to properly notify the subject of the decision:

The notice must be in writing.
The notice shall be sent at least 3 days before the date of termination of the agreement.
This document must contain the reasons justifying the employer's decision.
The notification is announced to the employee under the personal signature. If he refuses to receive this document in the presence of witnesses, an act of refusal is drawn up, which is signed by several witnesses (employees of the organization). A copy of the notice is sent to the home address of the dismissed person by registered mail with acknowledgment of receipt. The deadline for sending is at least 3 days before the date of dismissal.

Dismissal under Art. 71 of the Labor Code of the Russian Federation, in case of non-compliance with the notification requirement, it can be recognized by the court as illegal and entail the reinstatement of the employee at work with the payment of compensation and payment for forced absenteeism (see, for example, the decision of the Khabarovsk District Court Altai Territory dated February 12, 2009 No. 2-11/09).

Upon termination of the employment contract under Art. 71 of the Labor Code of the Russian Federation does not provide for the payment of severance pay and coordination with the relevant body of the trade union, but compensation for unused vacation(Article 127 of the Labor Code of the Russian Federation).

If the employee himself believes that this work does not suit him, he notifies the employer in writing 3 days before the end of the employment relationship. At the same time, the entry in work book is done with reference to paragraph 3 of part 1 of Art. 77 of the Labor Code of the Russian Federation (termination of the employment contract at the initiative of the employee).

rusjurist.ru

Legal information about probation

Probation- a period limited by the employer for which he will be able to assess the professional and personal qualities a new employee, to understand whether the company needs such a person.

During the same period, the employee will be able to decide for himself on the extension or termination of further activities at the enterprise.

Is it concluded during the test of labor qualities when hiring a potential employee?

The contract must specify the period of validity of the verification.

At this time, the newly hired employee is subject to all the rights prescribed in the Labor Code and in collective agreement. Offering a lower salary for the trial period is against the law.

This is stated in article 22 of the Labor Code: for equal labor there should be equal pay. The employer usually circumvents this law in the following way - does not pay a bonus to the test subject during the test.

The probationary period is issued only for employees who are accepted for given place work for the first time.

For already working citizens in this organization, this verification condition is not acceptable.

Not all new hires have a probationary period. Article 70 of the Labor Code lists those categories of citizens for whom it is prohibited to enter it.

They are the following persons:

registered citizens in accordance with the competition for job vacancies;
women with children under 1.5 years of age and pregnant women;
persons under 18;
employed after graduating from special vocational educational institutions and universities for the first time in a year from the date of graduation;
applicants for an elected position that is paid;
transferred employees with the execution of an agreement between employers;
temporary employees when drawing up an employment contract up to 2 months.

For an ordinary employee, the period of his verification cannot last longer than three months.

For management personnel, which can include the head of the unit or the chief accountant, a period of six months is established.

The lower limit is not marked. When drawing up a contract lasting from two months to six months, the verification period should not be longer than 2 weeks. Civil servants belong to the exclusive category for the appointment of the test time.

They are subject to Federal Law No. 79 and a contract is concluded with them, in which the verification period is set from 1 month to 1 year (Article 27 of Federal Law No. 79).

If during the probation period the employee fell ill, took a study leave or at his own expense, or was absent for any other good reasons, the check time is extended by the number of skip days.

Reducing the duration of the probationary period is issued by order of the head with the obligatory familiarization of the subject under his personal signature.

If during the verification period the employer is not satisfied with the performance of duties by the new employee, a decision may be made ahead of time to terminate the employment contract.

With a positive answer to continue work after the completion of the test time, no additional orders need to be issued, it is considered that the employee has passed the test.

If the new employee has made a favorable impression on the employer, then he has the right to shorten the verification period.

To do this, an order is issued stating that the time of testing the employee is over, indicating the exact date.

If the condition for introducing a probationary period is not written into the agreement, then the employee has begun to perform duties without additional testing.

How to draw up such an employment contract? Sample document

Upon admission, an employment contract is drawn up for each employee with a probationary period in paper form in the amount of two copies, one of which is given to the hired employee.

Documentation is mandatory. It is signed no later than three days after the citizen started working at the enterprise.

Forms of employment contracts with or without the inclusion of a probationary period do not differ from each other. The enterprise usually uses a template for such a document. It contains information about the test in the following form:

An employee is subject to a hiring test to consider his/her eligibility.

The trial period is 3 months.

This period does not include days of actual absence.

But the phrase "without a trial period" or "the contract is concluded for an indefinite period" can be written down.

Additional mandatory documents are attached to the employment contract with the establishment of the time of verification:

job description;
planned exit schedule;
list of prices for the work performed;
confidentiality agreement.

Additional agreements may also be included, which are an integral part of the document and cancel, when they are issued, the clauses specified earlier in the contract.

A fixed-term employment contract is concluded for a period of not more than 5 years in accordance with Article 58 of the Labor Code.

When concluding it, the employer indicates the expiration date of the contract and the reason why the contract cannot be concluded without limitation.

For example, temporary (seasonal) work (Article 293 of the Labor Code), a long business trip abroad. But not a period can be indicated, but an event after which the contract will be terminated. For example, maternity leave co-workers.

After terminating the fixed-term contract, you do not need to pay severance pay.

Sample employment contract with an employee on probation.

Sample fixed-term employment contract with a trial period.

Sample employment contract without a probationary period.

The procedure for terminating such a contract

There are several nuances here:

The subject is notified in writing.
The document is brought to the subject three days before the dismissal.
The notice must state the reasons for the termination.
The opinion of the trade union is not asked.
Severance pay in this situation is not paid.

The employee may apply to the court for such a decision.
An employee cannot be dismissed during a probationary period on the days of his actual absence for a good reason.

If myself and
the subject understands that new job does not correspond to his ideas, he can also terminate the employment contract with a written notice 3 days in advance. It is not necessary to state the reason in this case.

In almost all organizations, when hiring, the employer sets a probationary period. During this period, the parties to the employment contract look closely and decide for themselves: to continue or not to work together.

In case of disagreement with further activities at the enterprise, the termination of the contract occurs within 3 days instead of the usual 14 days with a simple contract.

Also, the period is reduced for the employee if the employer decides that the test subject suits him.

naim.guru

Probationary period: general provisions and the number of months during which an employee can pass it

In Art. 57 of the Labor Code of the Russian Federation fixed a set of items, the presence of which in the contract of an employee with the administration of the organization is mandatory. Also, this article contains a set of conditions that can be included in the contract at the discretion of the parties (on the requirements for concluding an employment contract in our separate material).

Probation period clause Art. 57 of the Labor Code of the Russian Federation refers to the group of optional. Therefore, the decision to include it in a contract with a specific employee is in the exclusive competence of the company's management.

Art. 70 of the Labor Code of the Russian Federation indicates that if the management of the organization considers it necessary to determine a probationary period for the employee, then this condition should be included in the contract immediately upon execution. If the parties did not resolve this issue when signing the contract, then this means hiring a citizen without a test. In the future, entering into an agreement with an employee of such a condition is not allowed.

A similar mechanism is provided for in Art. 70 of the Labor Code of the Russian Federation and in the case when a citizen began his labor activity without drawing up an employment contract. In this situation, if a contract is subsequently drawn up with him, the inclusion of the obligation to pass the test is unacceptable.

Test duration

According to Art. 70 of the Labor Code of the Russian Federation, the general term for concluding an employment contract with a probationary period is 3 months. At the same time, for certain categories of managerial employees, this period can reach 6 months due to the importance of their activities for the enterprise.

These include:

heads and chief accountants of organizations, as well as their deputies;
heads of branches or separate structural divisions.

It is important to remember that if an employee is fixed-term contract up to 2 months, then in this case the employer does not have the right to include a test condition in it. If the duration of the employment contract is from 2 to 6 months, then the trial period in this situation should not exceed 2 weeks.

Note that the periods when the employee was not actually at work are not counted in the test period. These may be periods of the employee's stay on sick leave, on vacation at his own expense, etc.

Employment contract with a probationary period - who does not apply

Art. 70 of the Labor Code of the Russian Federation defines a list of employees in respect of which the establishment of a test when hiring is unacceptable.

These include:

employees whose appointment was based on the results of a competition;
workers elected to elective office.
employees who came to the organization by transfer from another organization;
employees who received professional education (secondary or higher) a year or less before employment;
women who are pregnant or raising children under 1.5 years of age;
individuals who are under 18 years of age at the time of employment.

How to specify a probationary period in an employment contract?

In practice, to designate a test condition in a contract, 2 clauses are usually added to a standard document. The first of them states that a probationary period is established for the employee, and also determines its duration.

The second paragraph should indicate a list of criteria that the employee must meet in order to successfully pass the test. Usually we are talking about the discipline of the employee, as well as the sufficiency of professional skills to perform assigned tasks.

Both additional clauses are best included in the first section of the employment agreement, which indicates the position of the employee, as well as the urgency (permanence) of the agreement.

Extension or reduction of probationary period

It is important to remember that Art. 71 of the Labor Code of the Russian Federation expressly prohibits the increase (extension) of the probationary period. That is, if an employee, for example, was given a trial period of 1 month (shorter than possible due to the requirements of Article 70 of the Labor Code of the Russian Federation), then its subsequent increase is unacceptable. At the end of this month, the employee will be considered to have passed the test, respectively, his dismissal is possible only in general order and on a general basis, like any other employee.

As for the reduction of the probationary period, the management of the organization at any time during the test can make such a decision. At the same time, in practice, it is not even necessary to amend the contract. And the employer only needs to issue an order stating that the employee has successfully passed the test.

It should be noted that during the probationary period, the employee may quit on own will in a preferential manner. To do this, according to Art. 71 of the Labor Code of the Russian Federation, it is only enough to notify the management of the organization of your desire 3 days before the expected date of dismissal, and not 2 weeks, as required by Art. 80 of the Labor Code of the Russian Federation for other employees.

Employment contract for a trial period - form and sample

The following document can be used as a form of an employment contract:

Download form

The attached file contains a standard open-ended employment contract with an employee for whom a specific job will be the main one, and the duration of the probationary period is 3 months. A sample employment contract with a trial period can be downloaded from the link:

Download Sample

It is important to remember that during the test, the employee is subject to all local regulations in force in the organization that regulate the conditions of his work, without any special restrictions or exceptions. Accordingly, Art. 70 of the Labor Code of the Russian Federation expressly prohibits the establishment of any discriminatory requirements (in terms of labor standards, wages, etc.).

In case of successful completion of the test, the management of the organization is not required to issue any additional documents, such as an order, as indicated in Art. 71 of the Labor Code of the Russian Federation.

Dismissal during the probationary period - legislation and court practice

According to Art. 71 of the Labor Code of the Russian Federation, in the event that an employee showed unsatisfactory results during the test, the management of the organization has the right to dismiss him in a simplified manner. To do this, the employer must notify the employee 3 days before the dismissal.

It is important to remember that in case of dismissal due to the presence of unsatisfactory results during the test, the management of the organization is not required to seek the opinions of representatives of employees (trade union organization), as well as pay the employee severance pay.

Accordingly, the same Art. 71 of the Labor Code of the Russian Federation gives the employee the right to appeal the dismissal in court. However, the norms of the Labor Code of the Russian Federation do not decipher the concept of "unsatisfactory results", do not indicate how the management of the organization and the dismissed employee should argue their case. Since in practice this gap in the norms of the Labor Code of the Russian Federation leads to numerous disputes and conflicts, we turn to judicial practice their permissions.

Employment contract with a probationary period - the position of the courts on dismissal

The basic document that determines the judicial interpretation of this issue is the resolution of the Plenum of the Supreme Court of the Russian Federation “On the application of ...” dated March 17, 2004 No. 2. In paragraph 23 of the indicated document, the Plenum of the Supreme Court indicates that in the event of a challenge in court, illegal, in the opinion of the employee, dismissal, the obligation proving the legitimacy of this procedure rests in full on the management of the organization.

As noted in the judicial acts of the regional courts, for example, in the appeal rulings of the Trans-Baikal Regional Court in cases No. 33-244-2014 and 33-5077-2013, Art. 71 of the Labor Code of the Russian Federation gives the management of the organization during the probationary period the right to assess the business and professional qualities of an employee, which are determined in accordance with their compliance with their labor duties (implementation of labor standards, maintaining discipline, compliance with the requirements of the Labor Code of the Russian Federation and local regulations).

At the same time, dismissal is unacceptable due to the personal qualities of the employee, as well as for subjective reasons based on the opinion of the employer. Therefore, in order to justify the dismissal, management must provide objective evidence that the employee does not cope with the work assigned to him, is undisciplined, etc.

Criteria for dismissal

In the appeal ruling of the Rostov Regional Court dated December 18, 2014 No. 33-17069/2014, it was noted that Art. 71 of the Labor Code of the Russian Federation does not define a clear list of circumstances that may indicate negative results of the employee passing the test. This position of the legislator, according to the judges, testifies to the variety of circumstances (the full list of which cannot be prescribed in the Labor Code of the Russian Federation) that make it possible to dismiss an employee.

However, an approximate list of evidence that allows management to prove their case when dismissing an employee is defined in court decisions.

The City Court of St. Petersburg, in its ruling dated September 29, 2011 No. 33-14786 / 2011, indicated that the following can serve as evidence of the legality of dismissal of an employee during the test:

acts on non-fulfillment (improper or untimely fulfillment) of labor standards;
documented release of defective products;
acts (memorandums) on violation by the employee of the internal regulations at the enterprise;
other documents evidencing the non-fulfillment of labor duties assigned to the employee.

Determination of the Moscow City Court dated 12.12.2014 No. 33-46262/14 also includes a number of admissible evidence indicating the right of the organization's management to dismiss an employee due to negative test results:

testimonies of witnesses confirming the specified facts;
layoff notices;
minutes of administrative meetings, etc.

*******

Summing up, we note that the establishment of a test condition in the labor agreement allows the management of the organization to verify the professionalism and discipline of the hired employee within the allotted time. And if the employee does not meet the requirements, part with him in a simplified manner. We remind you that using the link above you can download a form and a sample employment contract for a trial period.

nsovetnik.ru

EMPLOYMENT CONTRACT with the director (fixed-term; no probationary period)

___________________ "___" __________ ____ d. _____________________________________________, hereinafter referred to as __ (name of organization) "Employer", represented by ____________________________________, acting __ on (position, full name) on the basis of _________, on the one hand, and __________________________________, ( Full name) hereinafter referred to as "Employee", on the other hand, have entered into this agreement as follows:

1. THE SUBJECT OF THE AGREEMENT

1.1. The Employer instructs, and the Employee assumes the performance of labor duties as a director at _____________________.

1.2. The work under this contract is the main one for the Employee.

1.3. The place of work of the Employee is _____________________ at the address: ________________.

1.4. The employee reports directly to _______________.

1.5. The work of the Employee under this contract is carried out under normal conditions. The work obligations of the Employee are not related to the performance heavy work, work in areas with special climatic conditions, work with harmful, dangerous and other special working conditions.

2. TERM OF THE CONTRACT

2.1. The employee must begin to perform his labor duties from "___" _________ ____.

2.2. This agreement is urgent and is valid until "___" ____ ____.

2.3. The basis for concluding a fixed-term employment contract is _____________.

3. CONDITIONS OF PAYMENT OF THE EMPLOYEE

3.1. For the performance of labor duties, the Employee is paid an official salary in the amount of ______ (_________) rubles per month.

3.2. The employer sets incentives and compensation payments(surcharges, allowances, bonuses, etc.). The amounts and conditions of such payments are defined in the Regulations on bonus payments to employees "__________", which the Employee is familiarized with when signing this agreement.

3.3. In the event that the Employee, along with his main job, performs additional work in another position or performs the duties of a temporarily absent employee without being released from his main job, the Employee is paid an additional payment in the amount of __% of the salary for the combined position.

3.4. Overtime is paid for the first two hours of work at one and a half times, for subsequent hours - at double the rate. At the request of the employee overtime work instead of increased pay, it can be compensated by the provision of additional rest time, but not less than the time worked overtime.

3.5. Work on a weekend and non-working holiday is paid in the amount of a single part of the official salary per day or hour of work in excess of the official salary, if work on a weekend or non-working holiday was carried out within the monthly norm of working hours, and in the amount of a double part of the official salary per day or hour work in excess of the official salary, if the work was performed in excess of the monthly norm of working time. At the request of the Employee who worked on a weekend or non-working holiday, he may be given another day of rest. In this case, work on a weekend or non-working holiday is paid in a single amount, and the day of rest is not subject to payment.

3.6. Downtime due to the fault of the Employer is paid in the amount of two thirds of the average salary of the Employee.

Downtime due to reasons beyond the control of the Employer and the Employee is paid in the amount of two-thirds of the official salary, calculated in proportion to the downtime.

Downtime due to the fault of the Employee is not paid.

3.7. Wages are paid to the employee in cash Money at the Employer's cash desk (by transfer to the Employee's bank account) every half a month on the day established by the internal labor regulations.

3.8. Deductions may be made from the Employee's salary in cases stipulated by the legislation of the Russian Federation.

4. MODE OF WORKING TIME AND REST TIME

4.1. The employee is set a five-day work week with two days off - ________________.

4.2. Start time: __________.

Finishing time: ___________.

4.3. During the working day, the Employee is given a break for meals and rest, which working time does not turn on.

4.4. The employee is granted annual paid leave of ___ (at least 28) calendar days.

The right to use the leave for the first year of work arises for the Employee after six months of his continuous work for this Employer. By agreement of the parties, paid leave may be granted to the Employee even before the expiration of six months. Leave for the second and subsequent years of work may be granted at any time of the working year in accordance with the vacation schedule.

4.5. By family circumstances and other valid reasons, the Employee, on the basis of his written application, may be granted leave without pay for the duration established by the labor legislation of the Russian Federation and the Internal Labor Regulations "______________".

5. RIGHTS AND OBLIGATIONS OF THE EMPLOYEE

5.1. The employee is obliged:

5.1.1. Conscientiously perform the following duties:

— to carry out the production of new and renewed productions, to ensure their high artistic level;

- to conduct rehearsals;

- supervise the work of the artistic and production part for the preparation and release of performances;

- submit proposals to the management on the composition of production teams in ongoing productions;

- to carry out planned, urgent and emergency inputs to previously staged performances;

- to control the preservation of the artistic level of the staged performances during their operation at the hospital, field trips and tours;

- ensure compliance with labor, production and creative discipline during rehearsals, performances and classes;

— participate in the organization and conduct of events to improve professional excellence creative workers;

— to participate in the promotion of theatrical and musical art, to attract spectators, to expand creative ties.

5.1.2. Comply with the Internal Labor Regulations "___________" and other local regulations of the Employer.

5.1.3. Observe labor discipline.

5.1.4. Comply with labor standards if they are established by the Employer.

5.1.5. Comply with labor protection and labor safety requirements.

5.1.6. Take care of the property of the Employer and other employees.

5.1.7. Immediately inform the Employer or immediate supervisor about the occurrence of a situation that poses a threat to the life and health of people, the safety of the property of the Employer.

5.1.8. Do not give interviews, do not hold meetings and negotiations regarding the activities of the Employer, without prior permission from the management.

5.1.9. Do not disclose information constituting a trade secret of the Employer. Information that is a commercial secret of the Employer is defined in the Regulations on trade secret «____________».

5.1.10. By order of the Employer, go to business trips in Russia and abroad.

5.2. The employee has the right to:

5.2.1. Providing him with the work stipulated by this contract.

5.2.2. Timely and in full payment of wages in accordance with their qualifications, complexity of work, quantity and quality of work performed.

5.2.3. Rest, including on paid annual leave, weekly holidays, non-working holidays.

5.2.4. Compulsory social insurance in cases stipulated by federal laws.

5.2.5. Other rights established by the current legislation of the Russian Federation.

6. RIGHTS AND OBLIGATIONS OF THE EMPLOYER

6.1. The employer is obliged:

6.1.1. Comply with laws and other regulatory legal acts, local regulations, the terms of this agreement.

6.1.2. Provide the Employee with the work stipulated by this agreement.

6.1.3. Provide the Employee with the equipment and documentation necessary for the performance of his job duties.

6.1.4. Pay in full the wages due to the Employee within the time limits established by the Internal Labor Regulations.

6.1.5. Provide for the daily needs of the Employee related to the performance of their labor duties.

6.1.6. Carry out compulsory social insurance of the Employee in the manner prescribed by federal laws.

6.1.7. Perform other duties established by the current legislation of the Russian Federation.

6.2. The employer has the right:

6.2.1. Encourage the Employee for conscientious efficient work.

6.2.2. Require the Employee to fulfill the labor duties specified in this agreement, respect the property of the Employer and other employees, and comply with the Internal Labor Regulations.

6.2.3. Involve the Employee in disciplinary and liability in the manner prescribed by the current legislation of the Russian Federation.

6.2.4. Adopt local regulations.

6.2.5. Exercise other rights provided for by the current legislation of the Russian Federation, local regulations.

7. EMPLOYEE SOCIAL INSURANCE

7.1. The employee is subject to social insurance in the manner and on the terms established by the current legislation of the Russian Federation.

8. WARRANTY AND REFUND

8.1. For the period of validity of this agreement, the Employee is subject to all guarantees and compensations provided for by the labor legislation of the Russian Federation, local acts of the Employer and this agreement.

9. RESPONSIBILITIES OF THE PARTIES

9.1. In case of non-fulfillment or improper fulfillment by the Employee of his obligations specified in this agreement, violation of labor legislation, the Rules of the internal labor regulations of the Employer, other local regulations of the Employer, as well as causing the Employer material damage he bears disciplinary, financial and other liability in accordance with the labor legislation of the Russian Federation.

9.2. The Employer bears material and other liability to the Employee in accordance with the current legislation of the Russian Federation.

9.3. In the cases provided for by law, the Employer is obliged to compensate the Employee for moral damage caused by illegal actions and / or inaction of the Employer.

10. TERMINATION

10.1. This employment contract may be terminated on the grounds provided for by the current labor legislation of the Russian Federation.

10.2. The day of termination of the employment contract in all cases is the last day of the Employee's work, except for cases when the Employee did not actually work, but the place of work (position) was retained for him.

11. FINAL PROVISIONS

11.1. The terms of this employment contract are confidential and not subject to disclosure.

11.2. The terms of this employment contract are legally binding on the parties from the moment it is signed by the parties. All changes and additions to this employment contract are formalized by a bilateral written agreement.

11.3. Disputes between the parties arising from the performance of an employment contract are considered in the manner prescribed by the current legislation of the Russian Federation.

11.4. In all other respects that are not provided for by this employment contract, the parties are guided by the legislation of the Russian Federation governing labor relations.

11.5. The Agreement is made in two copies, having the same legal force, one of which is kept by the Employer, and the other by the Employee.

12. DETAILS OF THE PARTIES 12.1. Employer: ___________________________________________________ Address: ____________________________________________________________________ TIN ___________________________, KPP ______________________________________ R / s ____________________________ in ____________________________________________ BIK ___________________________. 12.2. Employee: ___________________________________________________________ Passport: series __________, number __________, issued by ________________________ __________________________ "__"__________ ___ subdivision code _______, registered at: ____________________________________________. 13. SIGNATURES OF THE PARTIES Employer: Employee: ____________/___________ _____________________ M.P.

Source - Kasenov E.B.

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Getting a job, a citizen may be faced with an attempt to establish a probationary period for him when drawing up an employment contract. But do not be afraid of this test of knowledge and skills, because this condition can be included in the agreement only by mutual agreement of the parties. Let's take a closer look at the main points of IP, and what is said about it in the Labor Code of the Russian Federation.

The most important points related to the trial period are spelled out in, on the basis of this regulatory legal act, IP can be assigned only if the following rules are observed.

Both the employer and the employee agree to include a verification clause professional suitability the latter in a labor agreement.
The probationary period can only be applied to newly hired employees.
The presence of a probationary period must be recorded in writing, otherwise the citizen is considered accepted into the state immediately after the execution of the contract.
If an employee performs labor duties, but has not drawn up a formal contract in a standard form, then a separate agreement must be signed with him on the conditions of verification even before the start of his activities. It is no longer possible to add probation clauses in the further drafting of an employment contract.
A person on probation is subject to all the provisions of labor legislation, on a par with long-term colleagues. For example, you cannot reduce the salary of a specialist while he is being tested.
The standard IS is 3 months, however, it is possible to check professional qualities for half a year if the subject applies for the position of the head of the company, his deputy or chief accountant.

Important! Information about the appointment of a probationary period should be reflected only in the order for employment, but in the work book (according to the official instructions for filling it out), no notes are made about this.

How to register an employee

Before telling you how to draw up an employment contract with a trial period of 3 months, you should identify the categories of employees to whom this method of eligibility testing cannot be applied:

minor citizens;
women in position or with children under one and a half years;
employees selected for the position by competition;
graduates who first get a job in their specialty, if one year has not passed since graduation from the university;
persons hired as a result of transfer from other organizations;
temporary workers who, by agreement, should work no more than 2 months.

In general, an employment contract with a probationary period does not differ much in its structure from other agreements; the following points must be indicated in it:

Details of the contract, that is, the place and time of drawing up, the number and the title of the document itself.
The data of the parties, namely the name of the company (together with the data of the document on the basis of which it works) and the full name of the employee.
The main part of the contract contains a description of the workplace, labor functions, start date work activities and duration of the agreement.
If the employee and the employer have agreed on an inspection, then the probationary period for a fixed-term (unlimited) employment contract for 3 or more months is prescribed after general information about the workplace.
The rights and obligations of each party are then listed.
Working regime with periods of rest.
Wages are negotiated.
The responsibility of the parties is fixed.
The circumstances under which the employment contract can be terminated or changed are prescribed.
At the end, the signatures of the parties are put.

Probation period extension

By law, the employer cannot simply extend the probationary period beyond the regulated limits, even if both parties agree to this.

The official circumstances for extending probation are temporary incapacity for work or absence from work for valid reasons, such as being on leave without pay or participating in a trial as a juror.

In this case, the test period is suspended until the employee returns to work, and the end date fixed in the contract is automatically moved.

The total inspection time, excluding the break, must not violate the time limits established by the employment contract and the relevant code.

It is worth noting that the extension of the probationary period occurs on the basis of an order, to which documents are attached confirming the legality of the grounds for increasing IP.

How to terminate an employment contract if the employee has not passed the test

The employer has the right, on the basis of, to dismiss an employee who is on probation if he shows an unsatisfactory result, and you can terminate the contract absolutely at any time, having previously warned the subject about the impending dismissal.

At least three days before the expected date of termination of the employment contract, the employee must receive a written notice and sign. In a document in without fail the reasons why the head decided to interrupt the probationary period ahead of time are indicated.

If a citizen refuses to receive a notification, then in the presence of witnesses a special refusal act is drawn up, which is signed by the employees of the company present at its compilation.

In addition to the personal transmission of the notice, the employer sends a copy of it to the home address of the dismissed citizen, and the document is sent in the form registered letter with confirmation of delivery to the addressee.

The dismissal of an employee who has not passed the test without prior notice is considered illegal, in connection with this, the court may require the reinstatement of the dismissed person and pay him compensation for forced absenteeism.

Important! Upon termination of employment on the basis of, the employer does not have to pay severance pay and coordinate the decision with the trade union bodies, however, the employee can still count on a cash payment for unspent vacation.

If a citizen who works under a fixed-term employment contract and is undergoing a probationary period suddenly realizes that the current job is not suitable for him, then in order to terminate the employment relationship, he needs to notify the employer in writing of his decision at least in 3 days. On the last working day, an entry should appear in the work book of the departing person with a link to the first part and the wording "termination of the employment agreement at the initiative of the employee."

Registration of the results of the probationary period

In general, there is no clear regulation regarding the procedure for passing the test in labor legislation. Evaluation of an employee for compliance with the position held is the authority of the employer, that is, he:

independently decides how to test and test a future employee, but at the same time, the tasks must correspond to the position and not violate the employment contract and service instructions;
does not interfere with the performance of tasks and duties, and when analyzing the results of work activities, it takes into account only objective circumstances that prevented the work from being done flawlessly.

It is best to draw up the results of the audit to the immediate supervisor, this is done in the format of a written opinion, to which the employee's explanatory notes, testimony of colleagues, customer reviews and other documents are attached. There are cases when such a conclusion helped protect the interests of the employer if the dismissed citizen tried to challenge the decision in court.

Temporary contract work and trial period

Many citizens do not know that when concluding an employment contract for a period of 2 to 6 months, the test can last no more than 2 weeks. If an employee is hired for a period of less than 2 months, then there can be no talk of any probationary period.

Fixed-term contracts concluded for six months or more may have the same probationary period as open-ended agreements, that is, the employer has the right to test the knowledge and skills of the hired person within 3 months. The same rule applies for individual entrepreneurs, in this case, the verification time fits directly into the text of the contract.

Probation- a period limited by the employer, during which he will be able to assess the professional and personal qualities of a new employee, to understand whether the company needs such a person.

During the same period, the employee will be able to decide for himself on the extension or termination of further activities at the enterprise.

Is it concluded during the test of labor qualities when hiring a potential employee?

If during the probation period the employee fell ill, took a study leave or at his own expense, or was absent for some other valid reason, the check time is extended by the number of days of absence.

Reducing the duration of the probationary period is issued by order of the head with the obligatory familiarization of the subject under his personal signature.

If during the verification period the employer is not satisfied with the performance of duties by the new employee, a decision may be made ahead of time to terminate the employment contract.

With a positive answer to continue work after the completion of the test time, no additional orders need to be issued, it is considered that the employee has passed the test.

If the new employee has made a favorable impression on the employer, then he has the right to shorten the verification period.

To do this, an order is issued stating that the time of testing the employee is over, indicating the exact date.

If the condition for introducing a probationary period is not written into the agreement, then the employee has begun to perform duties without additional testing.

How to draw up such an employment contract? Sample document

In this section, we will describe in detail how to draw up such an agreement correctly.

Upon admission, an employment contract is drawn up for each employee with a probationary period in paper form in the amount of two copies, one of which is given to the hired employee.

Documentation is mandatory. It is signed no later than three days after the citizen started working at the enterprise.

An employee is subject to a hiring test to consider his/her eligibility.

The trial period is 3 months.

This period does not include days of actual absence.

But the phrase "without a trial period" or "the contract is concluded for an indefinite period" can be written down.

Then the employee is enrolled in the staff of the enterprise without fulfilling any conditions.

Additional mandatory documents are attached to the employment contract with the establishment of the time of verification:

job description;
planned exit schedule;
list of prices for the work performed;
confidentiality agreement.

Additional agreements may also be included, which are an integral part of the document and cancel, when they are issued, the clauses specified earlier in the contract.

A fixed-term employment contract is concluded for a period of not more than 5 years in accordance with Article 58 of the Labor Code.

When concluding it, the employer indicates the expiration date of the contract and the reason why the contract cannot be concluded without limitation.

Labor Code of the Russian Federation, Article 293. Seasonal work

Seasonal work is recognized as work that, due to climatic and other natural conditions are carried out within a certain period (season), not exceeding, as a rule, six months.

The "lists" of seasonal work, including individual seasonal work, which can be carried out during a period (season) exceeding six months, and the maximum duration of these individual seasonal work are determined by sectoral (intersectoral) agreements concluded at the federal level of social partnership.

After terminating the fixed-term contract, you do not need to pay severance pay.

The procedure for terminating such a contract

The employer, in the event that the employee was unable to perform his duties properly, has the right to terminate the employment contract during the probationary period.

There are several nuances here:

The subject is notified in writing.
The document is brought to the subject three days before the dismissal.
The notice must state the reasons for the termination.
The opinion of the trade union is not asked.
Severance pay in this situation is not paid.

The employee may apply to the court for such a decision.
An employee cannot be dismissed during a probationary period on the days of his actual absence for a good reason.

If myself and
the subject understands that the new job does not correspond to his ideas, he can also terminate the employment contract with a written notice 3 days in advance. It is not necessary to state the reason in this case.

The conclusion of a probationary period carries positive aspects for both the employee and his employer.

In case of disagreement with further activities at the enterprise, the termination of the contract occurs within 3 days instead of the usual 14 days with a simple contract.

Also, the period is reduced for the employee if the employer decides that the test subject suits him.

Home / Sample contracts

LABOR CONTRACT

Society with limited liability"Flight" in the face Director General Petrov M.V., acting on the basis of the Charter, hereinafter referred to as the "Employer", on the one hand, and Citizen of the Russian Federation Ivanov Sergey Vladimirovich (passport 40 99 682380, issued on August 25, 1800, 42 by the Rostov police department), hereinafter referred to as the "Employee ", on the other hand, have concluded an agreement as follows:

1. The Subject of the Agreement

1.2. LLC "Alfabet" is the permanent and main place of work of the Employee.

2. Rights and Obligations of the parties

2.2. The employee is obliged:

2.3. The employer is obliged:

3. Working hours

4. Rest time

5. Salary

6. Contract term

4.1. The contract is concluded for an indefinite period and may be terminated on the grounds provided for by the current legislation of the Russian Federation.

7. Other terms

1) declaration of gratitude;

2) issuance of an award;

8. Details and signatures of the parties

Employer: Limited Liability Company "Alfabet"

Employer:

___________________

Employee:

____________________

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Who should not be placed on probation

Labor legislation establishes a circle of persons who are prohibited from offering a probationary period. First of all, it is about persons under the age of 18 and pregnant women. Also passing checks not provided for employees hired on the basis of a fixed-term employment contract for up to 2 months. Read also the article: → "How to change the employment contract in 2018: procedure"

Drivers

Conclusion of a trial period agreement with drivers important role for the employer, because he must be sure that he has sufficiently good driving skills. The safety of other employees and the driver himself depends on this. vehicle, as well as the integrity of the company's transport. If the organization does not provide for the conclusion of agreements on collective or individual responsibility, the role of checking the professional qualities of a candidate for a position becomes twice as important.

However, the law provides for two cases where the establishment of a probationary period is not provided:

It is supposed to cooperate with the driver for no more than 2 months;
the driver is looking for a job for the first time after completing a specialized education under a state-accredited program (there is a reservation - no more than 1 year has passed from the date of receipt of the document on education).

workers

Tests for workers whose work will be associated with continuous physical exertion are carried out in order to determine whether they have necessary knowledge about work in special conditions especially on work safety. The law prohibits the inclusion of conditions on a probationary period and obliges the employer to take a citizen without checks if:

a potential worker wants to get a job under a student agreement, after graduating from an educational institution;

the candidate is looking for a job in his specialty for the first time.

Chief accountants

The chief accountant is a managerial position that requires a high level of responsibility and competence. A candidate for this position must understand the laws and have full professional skills, a probationary period is established to test a person for suitability. Hiring an unverified person for the position of chief accountant is risky.

But even in a situation with such a responsible job, the aptitude test is not carried out for:

pregnant women and parents of a child under one and a half years old (including single parents);

an accountant who is employed on the basis of a transfer from another company by agreement of the heads of both enterprises;

candidates who have received a place on a competitive basis in accordance with the Labor Code of the Russian Federation.

Civil servants

A probationary period cannot be set for:

candidates who have guarantees to keep their jobs under the law;

appointed to a position by transfer in connection with the liquidation of a state structure or a reduction in the number of employees;

completed secondary/higher education and job seekers based on a student contract.

Employees of the Department of Internal Affairs

Usually, a future employee of the internal affairs bodies is checked for compliance with the position within 2-6 months, for the period of the check, a police officer, for example, is a trainee without a rank.

A probationary period may not be established for:

persons who came to the Fed. organ executive power for the purpose of obtaining higher education;

citizens who have successfully passed the competitive selection;

an employee who intends to occupy a senior management position.

Probationary period for young professionals

Article 70 of the Labor Code provides for the refusal to appoint a probationary period for young professionals who have just graduated educational institution and those who have received specialized education in accredited programs, if they are trying to find a job in their specialty for the first time. But if the young specialist managed to work in the position that he is currently trying to take, the employer has the right to set the time for the aptitude test in relation to him.

There is also a condition - from the date of delivery to the candidate for workplace diploma must pass no more than 1 year, otherwise the employer may also appoint a probationary period. Accordingly, the dismissal of such an employee due to unsatisfactory passing of the test is illegal.

Employment contract without a probationary period: sample contract

An employment contract without information about the passage of any tests by the candidate is concluded with persons identified as a special category by the provisions of the Labor Code, and with potential employees whose professionalism is not questioned by the employer. In these situations, the probation period clause is not indicated in the text of the contract. Read also the article: → "Indefinite employment contract: content, sample"

Employment contract (no probationary clause)

LABOR CONTRACT

Polet Limited Liability Company represented by the General Director M.V. Petrov, acting on the basis of the Charter, hereinafter referred to as the Employer, on the one hand, and Citizen of the Russian Federation Sergey Vladimirovich Ivanov (passport 40 99 682380, issued on 25.08.1800 42 of the Rostov police department), hereinafter referred to as the "Worker", on the other hand, entered into an agreement on the following:

1. The Subject of the Agreement

1.1. The Employer hires an Employee for the position of head of the legal department.

1.2. Alfabet LLC is the permanent and main place of work of the Employee.

2. Rights and Obligations of the parties

2.1. Job Responsibilities of the Employee:

(The main characteristics of the work and the requirements for the level of their performance in terms of the scope of work, quality of service, the level of fulfillment of norms and standardized tasks, compliance with labor protection rules, and the performance of related work in order to ensure interchangeability are indicated.

When combining professions (works), performing related operations, a list of these works and their volumes and other obligations is given.)

2.2. The employee is obliged:

2.2.1. perform labor duties in accordance with labor legislation, this contract and job descriptions approved by the Employer;

2.2.2. obey the inner work schedule to observe labor discipline;

2.2.3. take care of the property of the Employer.

2.3. The employer is obliged:

2.3.1. organize the work of the Employee;

2.3.2. create conditions for safe and efficient work;

2.3.3. equip the workplace in accordance with the rules of labor protection and safety;

2.3.4. timely pay the wages stipulated by the contract.

3. Working hours

3.1. The Employee has a five-day work week with two days off.

3.2. The duration of the Employee's working time under this agreement is 40 (forty) hours per week.

3.3. The daily duration of the working day may not exceed 8 (eight) hours.

4. Rest time

4.1. The employee is provided with a daily break for rest and meals lasting 1 (one) hour. The break is granted four hours after the start of work.

4.2. The employee may use the break at his own discretion. During this time, he is given the right to leave the place of work.

4.3. The duration of the weekly uninterrupted rest must be at least forty-two hours.

4.4. Days off are Saturday and Sunday.

4.5. the day before public holidays the duration of the Employee's work is reduced by one hour.

4.6. The work of the Employee on a day off is compensated by the provision of another day of rest or, by agreement of the parties, on monetary form- in double size. The work of the Employee on a holiday is paid double.

4.7. The employee is granted annual leave in summer time duration of 24 (twenty-four) working days with the preservation of the place of work (position) and average earnings.

4.8. At the motivated application of the employee, he can be provided additional leave in accordance with the norms of the labor legislation of the Russian Federation.

5. Salary

5.1. The salary of the Employee cannot be less than 1 (one) minimum size remuneration established by the current legislation of the Russian Federation.

5.2. The remuneration of the Employee is made on the basis of the official salary. The size of the official salary is established by the administration of the Employer.

5.3. Wages are paid twice a month.

5.4. Wages for the entire period of vacation are paid no later than 1 (one) day before the start of the vacation.

5.5. Payment of wages to the Employee is made at the place of performance of work by him, unless otherwise provided by agreement of the parties.

5.6. Failure to perform or improper performance by the Employee of his official duties through no fault of its own does not entail a reduction in the established monthly salary. Guilty failure to perform or improper performance by the Employee of his official duties entails remuneration in a reduced amount established by the Employer.

5.7. Upon dismissal of an employee, payment of all amounts due to him from the employer's enterprise is made on the day of dismissal.

6. Contract term

6.1. The contract is concluded for an indefinite period and may be terminated on the grounds provided for by the current legislation of the Russian Federation.

7. Other terms

7.1. An employee is hired without a probationary period.

7.2. For exemplary performance of labor duties, continuous and impeccable work, innovation in work and for other achievements in work, the following incentives are applied:

1) declaration of gratitude;

2) issuance of an award;

3) rewarding with a valuable gift;

4) awarding an honorary diploma.

5) other incentives provided for by the labor legislation of the Russian Federation.

7.3. Relations between the Employee and the Employer, not specified in this agreement, are governed by the norms of labor legislation and social security legislation in force on the territory of the Russian Federation.

7.4. This agreement is drawn up in Russian, in two copies, having equal legal force, one for each of the parties.

8. Details and signatures of the parties

Employer: Alfabet Limited Liability Company

198198, Moscow, st. Blagodatnaya, 15

Employee: Volkov Sergey Petrovich

192267, Moscow, st. Zoological, d. 13/3, apt. 5

Employer:
___________________

Employee:
____________________

Legislative acts on the topic

The table considers legislative acts on the topic:

Common Mistakes

Mistake #1: Employment of a single mother raising a child over the age of one and a half years, without a probationary period.

Comment : A single mother does not belong to the category of candidates for the position who are entitled to the privilege of establishing a probationary period.

Mistake #2: Appointment of a probationary period when hiring an employee on the basis of a fixed-term employment contract for a period of 2 months.

Comment : In case of cooperation, the duration of which does not exceed 2 months, an employment contract is concluded without a probationary period.

Answers to common questions

Question #1: With which of the potential employees the employer can or is obliged to conclude an employment contract without a probationary period?

Answer : The trial period is appointed at the request of the head of the company, he hires an employee and must know for sure that the applicant is suitable for the vacant position. Therefore, the employer has the right not to appoint aptitude tests if he is confident in the abilities and prospects of a potential employee. However, the employer must also remember that the Labor Law also provides for the conclusion of contracts without a trial period for certain categories of citizens, for example, pregnant women, minors and young professionals.

Question #2: Does the refusal of a candidate for a position to pass a probationary period indicate his incompetence?

Answer : Not necessary. Often, a potential employee who does not currently have a job is neutral about the probationary period, since he is not afraid of the employer's refusal to continue cooperation. But it also happens that a candidate for a position is not unemployed, he tries to change his place of work due to the inability to prove himself, the desire to move faster career ladder, disagreements with the team or small wages. Such a person has something to lose, and therefore he is only interested in a vacancy that involves work without trials.

Question #3: What is the probationary period for an employee who combines several jobs?

Answer : The part-time worker is tested on a general basis, the very fact of part-time work does not matter in this case.

Question #4: How to insure and know for sure that a candidate for a position who is denied employment will not sue and will not try to prove his professionalism and the bias of the employer's assessment?

Answer : To this end, the company may approve the Regulations on the passing of tests by candidates for a vacant position, in the text of which clear selection criteria must be indicated. This document can become proof of your innocence during the trial.

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concept

An employment contract with a probationary period means the time during which a newly hired employee has a chance to prove himself as a specialist, and management takes a closer look and determines Is the employee fit for the job?.

During the test, the employee will reveal many skills, knowledge, character traits. If the probationary period did not help a person, with his demonstrated abilities, skills, knowledge and other qualities, to strengthen himself in the team and gain authority, to prove full compliance with the cherished position, then the employer, without any problems, dismiss the employee as having not passed the probationary period (as with those who did not pass the test for professionalism ).

Is a probationary period a mandatory condition in an employment contract?

Is an employment contract concluded with an employee for a probationary period when hiring?

Probationary period as an indispensable condition for the conclusion of an employment contract by law not considered.

The supporting legislative act on this issue is Article 70 of the Labor Code of the Russian Federation, which stipulates that such a test when hiring is possible, then only in case of mutual agreement between the parties fixed in the contract.

In practice, this means that when concluding an employment contract (with a probationary period), a clause for the duration of the competency test must be included in the contract..

Read the document carefully and not finding such a clause in it, you can put your signature and keep in mind that checking can not entail the termination of labor relations, that is, the person has actually and legally been accepted for work.

No one can force anyone who does not want to spend time checking the job seeker to agree, here the applicant for the job either agrees (with the inclusion of the corresponding clause in the contract), or not.

For the trial period, a separate contract is concluded no need, since this is one of the clauses, the conditions of the main document on mutual obligations and rights. There may not be such a clause if the employee is accepted immediately, unconditionally.

Persons not covered

The law prohibits establish such checks for certain categories of applicants for work (Article 70 of the Labor Code of the Russian Federation):

in the order of transfer from another enterprise;
young specialists (freshly baked holders of diplomas from schools, technical schools, universities with zero experience, during the first year after graduation);
youth under the age of 18 (read the article about the peculiarities of employment of minors);
future mothers (read about the features of employment of pregnant women in the next article);
mothers with children up to 1.5 years;
persons holding a seat as a result of elections;
temporary workers;
persons who won the competition for filling a vacant position.

With these citizens, take advantage of the probationary period as a means of determining suitability in the professional sense and the opportunity to refuse, after this time, the services of a not particularly suitable employee.

Duration

With regard to the length of the verification period, the law does not limit lower limits, limits are set only for upper ones.

In Art. 71 of the Labor Code of the Russian Federation clearly states that the period cannot exceed 3 months for ordinary cases of employment, and not more than six months, if a person applies for a position:

first head or deputy;
chief accountant.

Civil servants are subject to the regulation of the Federal Law "On the State Civil Service of the Russian Federation" July 27, 2004, art. 27, where it is written that this period can be set by him from 3 to 12 months.

The shortest test term is no more than 2 weeks, those who have term of the contract is 2-6 months.

The calculation of the trial time itself is not measured in calendar or working days, there are nuances: for example, the days of being treated according to the bulletin or donor days are not counted, for this time the trial period should be automatically extended.

Results

An experienced personnel inspector three days before the expiration of the employee’s aptitude test period should check with the management for further plans, since it is now that you need to be ready for the dismissal of an employee who has not passed the test.

For a refusal, which is legally the termination of an employment contract, you should prepare:

an order for dismissal (under the personal signature of the subject three days before the end of the mutually agreed and fixed in the contract period);
accounting forms;
materials confirming the unsuitability this employee(reports from the immediate supervisor, memos, acts, customer claims, explanations by the employee of the reasons for non-fulfillment of tasks, etc.).

Firstly, these are the requirements of the law, and, secondly, the more thoroughly and fully these requirements are met, the fewer claims the court will have if the rejected specialist decides to apply there.

Employment contract without probationary period

An employment contract without specifying the conditions for passing the test is concluded with those categories who are prohibited by law, as well as with such applicants who are not in doubt as professionals. In such cases, a similar clause in the text of the TD does not turn on.

Download a sample employment contract without a trial period

Design rules

How to draw up an employment contract with a probationary period?

Putting a potential staff member upon notification of the decision to assign him a probationary period and having received his consent, the employer enters the appropriate clause in the TD.

A similar paragraph is worded like this:

Subject of the contract:

An employee is hired as a work supervisor for an indefinite period.
To be completed labor functions start January 25, 2016
This agreement establishes a trial period of 2 (two) months.

There is another option.

Download the form of an employment contract for a trial period

Download a sample employment contract with an employee (with a probationary period when hiring)

Applications

A clause on a trial period can be introduced in the same wording, only in an appendix to the contract. Here the key point is the date of signing by both parties, which should correspond to the date of signing of the main document, and only before new employee took up duties.

Application signing is commonly practiced in small companies, TD in which a standard form was developed, without making a condition for establishing a verification period, and an application is drawn up if necessary.

In the case of a fixed term contract

Is there a trial period for a fixed-term employment contract?

Yes, a fixed-term employment contract may well contain a condition on checking the employee’s competence, if the applicant does not object and agrees to sign the TD with such clause or the annex to the TD.

The general requirements of the law are subject to the same requirements as for perpetual TD. The only limitation is test time duration for temporary or seasonal workers, the contract with which does not exceed 2-6 months. For them, the verification period cannot be longer than 2 weeks.

Download a sample temporary employment contract (urgent) for a trial period

Termination of an agreement

An employee recognized as incompetent in this case must be notified under his signature 3 days before the termination date labor relations with him.

The order must be dated clearly on the days of the test. when the deadline is missed, the employee will be considered hired and will be able to prove his case in court.

The employee has the right to quit at his own request during the probationary period, if the work in this company is not on the shoulder or not to his liking.

In this case, the subject who does not want to continue cooperation must write a statement about his decision to quit, about which the administration should be warned 3 days before the date of termination of work.

Probation gives the employer time to evaluate the employee, and in case of revealing his incompetence, part with him at the very beginning of cooperation.

A competent and executive specialist, a master in his field, don't get upset when, when applying for a job, he is offered to pass the grinding period.

Those who are fundamentally against it simply do not need to agree to such conditions - the period of verification can be set only on a voluntary basis.

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What you need to know about employee testing

First you need to understand when it is forbidden by law to apply the test time when concluding an employment contract (TD). The categories of such persons are defined by Art. 70 of the Labor Code of the Russian Federation. For them, you can use a sample employment contract without a probationary period, the phrase “without a probationary period” is added to it. So, they do not establish a test for employment for the following categories of citizens:

persons under the age of 18;
pregnant women and women with children under 1.5 years old;
elected by competition, if the position is elective;
graduates entering a job in their specialty for the first time within a year from the moment of graduation from the educational institution;
persons accepted in the order of transfer from other organizations;
temporary workers with a contract up to 2 months.

Verification of professional qualities can take up to six months if a chief accountant, head of an organization, branch or his deputy is hired (Article 70 of the Labor Code of the Russian Federation). In other cases, it is impossible to test an employee for more than three months.

The usual 3-month probationary contract, which is the most common, differs from the standard contract only in the presence of a probation time clause. You can also include conditions under which the trial period will be considered successfully completed.

How to extend the probationary period under an employment contract

It is impossible to extend the maximum allowable test time of the Labor Code of the Russian Federation. But what if a short trial period was originally set, can it be extended? There is no definite answer to this question. On the one hand, the Labor Code of the Russian Federation does not provide for such an opportunity, because the verification period is set only at the conclusion of a TD (parts 1, 2, article 70 of the Labor Code of the Russian Federation). But at the same time, information about the test refers to additional conditions of the TD (parts 1, 2 of article 70 of the Labor Code of the Russian Federation), and they can be changed by concluding an additional agreement between the parties.

The most practically expedient would be to conclude a contract with a test for a maximum period. In case of successful completion of the first months, it can be reduced, it is easier to do this than to increase it.

For example: a TD was concluded with the seller Vorobyov, the trial period was 3 months. In the process of work, the parties agreed to reduce the verification time to 2 months and signed an additional agreement to reduce this period.

This method does not worsen the position of the employee, therefore it is allowed in practice. Extending the verification period is not the best option, it is more reliable to immediately set its maximum duration, and, if necessary, reduce it.

Termination of the employment contract until the employee has passed the test

The point of establishing a temporary test is to check the professional qualities of an employee, and if they do not meet expectations, dismiss him without unnecessary problems and restrictions. Some employers resort to a trick and enter into a separate special TD for this period. In fact, this is a fixed-term contract that does not have any legal grounds for its urgency. But in this case, the duration of the check can be much longer than that allowed by law. This is a violation and if such a fact becomes known to the regulatory authorities, the employer will be punished.

Termination of the contract during the probationary period must be properly prepared at the time of the beginning of the employment relationship. In order to avoid appealing the dismissal in court, it is necessary, even during employment, to draw up a specific work plan for the first months and bring it to the candidate:

formulate and assign tasks to the employee;
determine the dates by which the employee must acquire knowledge and skills;
appoint a responsible person who will check and document the fact of the newcomer's success;
hand over a document signed by a new employee.

When the termination of the TD is initiated by the employer, the employee is given a notice of the unsatisfactory result of the work, indicating the reasons. The notice period for dismissal is defined in Article 71 of the Labor Code of the Russian Federation and is only 3 days. Often, employers meet the request of the employee to issue a dismissal of their own free will, since he does not want to have a record of dismissal in the work book under Part 1 of Art. 71 of the Labor Code of the Russian Federation, i.e. does not want to admit his professional unsuitability to other potential employers. By agreeing to this, it should be understood that the employee can change his mind and challenge the dismissal in court, even if it was done “on his own”. In this case, such a wording can be harmful, the court recognizes a violation of the dismissal procedure, and the negligent specialist will be reinstated in his previous position. In addition, you will have to pay him compensation for forced absenteeism. Therefore, it is better to draw up all the documents on the results of the employee's work as it actually happened and not to make any dubious transactions.

The first three months of work, in addition to a difficult period of adaptation, give the employee himself the opportunity to quit without working off, within 3 days after writing a letter of resignation, if the job did not suit him or he did not cope. In the case when the TD is terminated by the employee, it is enough for him to write a letter of resignation of his own free will. The employer has no right to keep an employee for more than three days.

End of trial period

When the novice test comes to an end, the question arises: how to formalize its successful completion and transfer the employee to permanent job? You can act in two ways:

draw up an order or successful completion probationary period;
do not issue any additional documents.

Temporary contract and trial period

The agreement concluded on certain period are called urgent. When concluding it, it is important to remember about the limitations of the test time. If the TD has a duration of up to 2 months, it is impossible to set a time to test the knowledge and skills of an employee.

If an employee is hired under a temporary contract concluded for a period of 2 to 6 months, then the duration of the test is set to no more than 2 weeks.

Fixed-term contracts concluded for a longer period, from 6 months or more, may have the same trial period as regular, open-ended employment contracts, that is, one to three months. The same rule applies to TDs for individual entrepreneurs. The test time condition is entered directly into the text of the contract.

Sample employment contract without probationary period (.pdf)

Sample employment contract with a trial period of 3 months (.pdf)

Sample agreement to reduce the probationary period (.pdf)

Sample employment contract with a trial period for individual entrepreneurs (.pdf)

Sample employment contract with a probationary period with the seller (.pdf)

Sample fixed-term employment contract with a trial period (.pdf)

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An employment contract without a probationary period is concluded with the following categories

Employees elected by competition to fill the relevant position.
For example, in accordance with federal law No. 25-FZ of March 2, 2007 “On municipal service in the Russian Federation”, a competition may precede the conclusion of an employment contract with a municipal employee. The competition itself is held in order to assess the professional level of applicants for filling the position of the municipal service, their compliance with the established qualification requirements for the position of the municipal service. The competition for filling the position of the municipal service solves the problem of the probationary period in full, so the establishment of an additional test is redundant.

Underage workers.

Employees who have received secondary vocational education or higher education and are employed for the first time in their specialty.
In this case, there are two additional conditions:

An educational organization must have state accreditation of educational programs (in this case, the graduate will have a state-recognized document on education).
A graduate of an educational organization must find a job in the specialty received within one year after graduation.

Employees elected to an elective position for a paid job.
For example, a newly elected deputy of the State Duma of the Russian Federation.

Employees invited to work in the order of transfer from another employer as agreed between the employers.

Employees who have concluded an employment contract for a period of up to two months.

Summarizing
An employment contract without a probationary period can be concluded with any employee; this requires only the good will of the parties to the employment relationship. By virtue of the law, with certain categories of workers, a probationary period is not established at all.

Video on the topic “Employment contract without a probationary period”

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Namely:

Business name;
name and number of the document;
a description of the reason for extending this period;
surname, name, patronymic of the employee;
date of extension of the test;
a record of the basis document for the extension of this period;
manager's signature;
Stamp of the company.

The document-base for increasing the test period must be attached to this order. The personnel department is most often responsible for compiling such an order. They must promptly familiarize the new employee with the issued order against signature. An example of drawing up an order For greater clarity, you should bring exemplary sample drawn up order to extend the duration of the probationary period due to good reasons.

Application for a job with a probationary period

Working conditions An employment agreement differs from the main employment contract only in that it contains a footnote for a probationary period. All other working conditions are reflected in Article 57 of the Labor Code of the Russian Federation. As a rule, employers do not make adjustments to civil legislation. Is it established under a fixed-term agreement for 3 months Referring to the legislation, namely Article 70 of the Labor Code of the Russian Federation, the employer can appoint a probationary period for an employee when hiring under a fixed-term contract.

The employee has the right to agree or not. Even if the employee refuses the trial period, the employer cannot argue with him. Since the extension of the probationary period is not permitted by law, the period itself should not be longer than the established one. In case of a good reason for absence (sick leave, etc.)
e.) at work, for a similar number of days, an extension is permissible (only by a separate order).

Employment contract without a probationary period: sample contract 2018

Attention

Document Designer Frames Personnel documents Orders for personnel Order for employment with a probationary period Our service allows you to save a specialist from routine work: detailed proofreading after editing, correcting broken links, searching for errors and inconsistencies, filling in details. Thus, you get not just a sample document, but a ready-to-use order for hiring a trial period. All documents are drawn up within the framework of the current legislation of the Russian Federation.

This significantly reduces the time for their preparation and reduces legal risks. Thanks to this, the order for employment with a trial period that you created will not have to be changed and corrected.

Application for a job with a probationary period

Important

At the time of hiring, the period upon completion of studies is less than a year Existing employees of the enterprise or individual entrepreneur Who were accepted for a position as paid Persons accepted by transfer from one place to another From one city to another, but while maintaining their position Persons with whom the employment agreement concluded no longer than 2 months Pros and cons A clear plus for the employer when concluding a probationary period for a new employee is the opportunity to look at him. No one wants to deal with something that does not understand what is required of him in the work, and does not put any effort into work. Equivalent interests of the employee. Especially if he goes to work in a new place, where the specifics of work differ from the education received.

It is convenient to understand whether you are joining the team or not.

Dismissing an employee during a probationary period

The first of them contains the norms for conducting a test when applying for a job, the second tells about the possible results of a probationary period. The word about the probationary period, however, is also mentioned in Article 68 of the same legislative document. Here we are talking about the rules for drawing up an order for admission to a position.

According to the law, this document must contain information about the established period of the probationary period. Article 70. Probation for Employment Article 71. Result of Probation for Employment The main rules of the probationary period are given in the said articles.
But we must not forget that for some categories of employees other standards will be used. So, the peculiarities of passing the probationary period will be applied to state officials. It should be noted that it is permissible to conduct a test only when applying for a job.

If there is no such entry in the contract, then the employee is considered hired without a test. Also in the legislative act under consideration there is information about the impossibility of extending this period. But exceptions are also spelled out there: if at the time of passing the test the employee takes a vacation, sick leave or time off, then the period in question may increase by a number of days equal to the duration of absence from work.

If such a case has occurred, then, accordingly, the date of the actual completion of the trial period is changed. In order to avoid unpleasant situations in the future because of this, it does not hurt to create an order to increase the length of the probationary period. Registration An order to increase, for good reason, the duration of the probationary period must necessarily contain some information.

Sample letter of employment for 2018

Each organization that uses the labor of employees is required by law to maintain personnel records. All actions must be formalized by the relevant local regulations, especially when it comes to applying for a job or dismissal. What comes first: drawing up an employment contract or an order for employment? How to format this internal document correctly and without errors? The organization is a small state that has an internal code of laws, a Charter and is obliged to issue regulations on all important occasions.

The hiring of new employees is without a doubt one of such significant events. At the same time, it does not matter at all who exactly you are going to employ: a simple worker or a head of a department, in any case, the entire package of documents must be drawn up, as required by labor legislation.

How to write a probationary period in an employment contract in 2018

Let's figure out what these documents are and what place among them the order for employment takes. Personnel documents for employment To begin with, let's consider the algorithm for hiring a new employee and present the entire package of documents that accompanies it. After all, before we disassemble the form of the order for employment, we need to understand on the basis of which documents it can be drawn up and what you need to have on hand for the personnel officer before you sit down to print the order. So, the organization conducted the necessary interviews and chose a worthy candidate for employment as a specialist in the sales department. The future employee of the company brought his documents to the personnel department and wrote a job application addressed to the head. At this moment, many old-school personnel officers begin to print an employment order, indicating this very application as the basis in it.

Reasons and procedure for extending the probationary period

Info

Thus, the regulation “On the Prosecutor’s Office” clearly states the possibility, with the consent of the parties, of both reducing this period and extending it by up to six months. , then between them an additional agreement of the parties to the employment contract can be drawn up, according to which this period is extended. At the same time, it is permissible to increase the test period to a maximum of up to the time specified in legislative acts. It will not be considered a violation of the law. The procedure for extending the probationary period According to Article 16 Labor Code all relationships between the employer and the employee must be spelled out in the employment contract.

In addition, this document must necessarily contain information about the appointment of a trial period.
Few people know, but the salary during the probationary period should be equivalent to a fully occupied position. An understatement of such is considered as a violation of rights in accordance with the Labor Code of the Russian Federation. In life, as a rule, an employee ignorant of legal nuances loses sight of this.
Current regulations The procedure for hiring a new employee occurs in accordance with Articles 63-71 of the Labor Code of the Russian Federation. Information about the possibility of a probationary period for such an employee is stipulated by Article 70 of the Labor Code of the Russian Federation. The results can be judged from Article 71 of the Labor Code of the Russian Federation. What a sample employment contract for a trial period looks like in 2018 Before hiring a new person. The employer must understand whether he can cope with the tasks assigned to him. Thus, it is quite appropriate to conclude an employment agreement with a mark on a preliminary probationary period.

Such a person has something to lose, and therefore he is only interested in a vacancy that involves work without trials. Question number 3: What is the probationary period for an employee who combines several jobs? Answer: A part-time job is being tested on a general basis, the very fact of having a part-time job does not matter in this case. Question number 4: How to play it safe and know for sure that a candidate for a position who is denied employment will not sue and will not try to prove his professionalism and the bias of the employer's assessment? Answer: To this end, the company can approve the Regulations on the passing of tests by candidates for a vacant position, in the text of which clear selection criteria must be indicated.

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