Who is not on probation: the category of citizens, the labor code and expert advice

2024 Author: Howard Calhoun | [email protected]. Last modified: 2023-12-17 10:16

Probationary period is represented by a certain period of time during which the skills and abilities of a new employee are tested. Its duration may be different, and the employer must pay for this period on the basis of pre-agreed conditions. At the same time, there are some employees for whom a probationary period is not established. They have the right to immediately get a job in the company's staff. The head of the enterprise has no right to check the skills and abilities of such an employee.

Assignment of probation

He is not a whim of a businessman, as it is enshrined at the legislative level. It is during this period that it is possible to check the professional suitability of a citizen for work in specific working conditions. If at the end of this period the employer is not too satisfied with the results, then he may refuse to continue cooperation.

If it is established during the trial period that a particularthe employee is ideally suited for the position, and also copes well with the tasks, then a citizen is enrolled in the staff of the enterprise. At this time, the director of the company pays a lot of attention to how the employee copes with his job responsibilities, how he fits into the team, and how comfortable he is in the allocated workplace.

Legislative regulation

Employers need to know when probation is not required and when it can be applied. In this case, you can be sure that the basic labor rights of workers will not be violated.

Basic information about the rules for assigning this period is given in various articles of the Labor Code. By law, a probationary period is not established for some employees who have just completed training or have been specially invited to work in the company. An entrepreneur should study well the content of regulations containing the following information:

• on the basis of Art. 70 of the Labor Code, a probationary period is required to test the skills, qualifications and abilities of a future specialist who is offered specific rights and obligations in the company;
• this test is assigned only on the condition that information about this period is entered into the contract drawn up with a new employee;
• even if a person is admitted to a company with a trial, he can enjoy different rights and privileges offered to him by the norms of the Labor Code;
• salary and working conditions should not differfrom those conditions that are offered to full-time employees of the company holding a similar position.

If an employee finds that the manager violates his rights in various ways, he can file a complaint with the labor inspectorate.

Who is not on probation for employment?

There are some categories of workers who must be immediately enlisted by the employer in the state, so they do not pass the test. This is due to their specific status. Which employees are not on probation? These include the following citizens:

• pregnant women looking for work;
• women with children under three;
• employees who are minors;
• people who have just graduated from a university, but it is important that they get a job within a year after receiving a diploma;
• persons elected to the position after the official competition;
• citizens invited from other companies, for which a standard translation is correctly drawn up;
• former students sent to study by the head of the enterprise;
• People who have a fixed-term agreement that does not last longer than two months.

In all of the above situations, the employer cannot use the test for employees. If he violates the rights of citizens, then he will have to face negative consequences. That's whythe director of any firm should understand in which cases the probationary period is not established.

When applicable?

In all other situations, workers may be placed on probation. To do this, the director of the company must obtain the consent of the future employee to undergo a probationary period.

It is thanks to this test that both participants in the employment relationship will be able to understand how profitable and expedient further cooperation is. Even an employee during a trial may realize that he does not want to continue working in the company due to special conditions or low wages.

It is the employer who most often initiates the establishment of this period. He must remember when a probationary period is not established, for which categories of workers probation is allowed, and also what is its duration and registration rules.

Pros and cons for management

The application of a trial period has many advantages for the director of the enterprise. These include:

• professional check of hired specialist is provided;
• studied the abilities and skills of the employee;
• determines how well a new specialist fits into the workforce;
• if a person fails to pass the test, then he is easily dismissed from the company.

The disadvantages of the process include that the employer must know when a probationary period is not set, otherwise they maythe rights of employees are violated. It is not possible to reduce wages during this period. It is necessary to allocate an experienced specialist in the company who will study the qualifications of a new employee. If a person is fired under Art. 71 of the Labor Code, since it is not suitable for the proposed job, then there is a possibility that a citizen will file a lawsuit against the employer.

Nuances for an employee

The test has advantages for direct workers as well. Graduates from various institutions can expect to be placed on staff right away, for example if they graduate from MIT. Who is not on probation? The main employees who are not involved in the test are listed in Art. 70 TK.

With the help of the test, a citizen can determine the working conditions, the atmosphere in the team and other features of work. He can quit at any time without working off.

The disadvantages of such a check include the fact that different test tasks are assigned to a new employee. Since there is no confidence in the continuation of cooperation, a tense and nervous atmosphere is established in the company. If the employer decides that the specialist has not coped with the tasks, then dismissal will be a simple and quick process.

Features for civil servants

The public service is a professional activity that can only be carried out by Russian citizens. A person is employed in any authority, which may belegislative, judicial or executive. Such work is governed by local and federal regulations.

Many people believe that there is no probationary period for civil servants, but in fact, even such professionals can be probationary. During this period, the immediate supervisor will be able to understand what skills and abilities the future employee has. It is determined whether he can cope with complex and specific job responsibilities.

The features of establishing a test for civil servants include:

• the duration of this period can vary from 3 months to one year;
• it is not possible to apply a probationary period for a civil servant who temporarily replaces the head or his assistant;
• if an employee, after the reorganization or liquidation of any state body, is transferred to another unit, then he can continue to work without establishing a test;
• if the citizen himself decides to stop working in this position, then he must draw up an appropriate application, and it is necessary to notify the head of the state organization of the decision three days before submitting the application.

Most often, civil servants are hired without a test.

Nuances when drawing up a fixed-term contract

Companies often need an employee who will carry out some one-time task or willdeal with seasonal work. In this case, a fixed-term employment contract is drawn up with him.

A trial period cannot be established for employees who are hired under a fixed-term contract for a period not exceeding two months. In other situations, the test is allowed.

It is not allowed to conclude a fixed-term contract for the duration of the test with the condition that if the qualifications of the employee are confirmed, then a standard contract will be signed. Such actions on the part of the employer are a gross violation of the Labor Code.

Specifics for part-time workers

Every employer should know who is not on probation. What law governs this procedure? To obtain relevant and reliable information, you should study the provisions of Art. 70 TK.

It is allowed to apply the test to people who get a part-time job in a company. But the following nuances are taken into account:

• probationary period should not exceed 3 months for ordinary employees;
• if a person is employed in any managerial position, then for him the probationary period is increased to 6 months;
• on the initiative of any participant in the relationship, work may be terminated ahead of schedule;
• if a person passes the test, then he gets a permanent job in the company;
• if the manager decides to dismiss the part-time worker on probation, then he must warn about the termination of labor relations three days before the end of cooperation.

Employerin addition, he must prepare official evidence that the part-time worker really does not meet the requirements of the company, as he does not have the necessary qualifications or skills. If the dismissal is carried out without good reason, then the employee has the right to file a lawsuit to challenge such a decision of the head.

Features for pregnant women

Even pregnant women can be left without work for various reasons. When looking for a new job, they are guided by working conditions and other parameters. According to the Labor Code of the Russian Federation, a probationary period is not established for pregnant workers. Denying employment to a woman in position is illegal.

It is not possible to apply the test to women with small children who are not yet three years old. The same applies to employees who are raising children under 14, as well as to women who are raising a disabled child.

Test results

Any leader of a company should know when a trial period is not set, as well as what the results of the test can be. The consequences of probation include:

• if it is officially confirmed that the employee does not have the necessary skills and abilities, then further cooperation with him is terminated according to a simplified scheme;
• dismissal may be due to poor-quality work results or inconsistency with the position, for which it will be necessary to carry out certification;
• if the employeesatisfied with the existing conditions, and the employer is satisfied with the results of the specialist's work, then the citizen is enrolled in the company's staff.

If the employer simply does not want to continue cooperation, but he does not have good reasons for stopping the work of a person on probation, then he must still enroll a specialist in the state. If he decides to dismiss the employee, and at the same time he does not have official confirmation of the existence of good reasons, then such actions of the official are easily challenged in court.

What rights do workers get on probation?

If a person gets a job in a company with a trial period, then he has the same labor rights as regular employees.

Citizens can expect to receive the same salary as workers in a similar position. They should not be subject to any special working conditions. If a citizen is not satisfied with the conditions existing in the company, then he can quit without having to work for the required 14 days.

Conclusion

Probationary period has many advantages for the employer and direct employees. The heads of firms should know for whom the probationary period is not set, since otherwise it is possible to violate the rights of citizens, which will lead to bringing the management of the enterprise to responsibility.

If an employer wants to fire a person working on probation, then official evidence is requiredthe fact that the specialist does not have the necessary qualifications or does not cope with the tasks.