What you need to know about the trial period in order to defend your rights

2024 Author: Malcolm Clapton | [email protected]. Last modified: 2023-12-17 03:44

How long can a trial period last and can you be paid less for it?

A probationary period is given to the employee and the employer to see if they are suitable for each other. It seems that it is beneficial only to the employer, but this is not entirely true. If you understand that the working conditions are unbearable and the team is terrible, you will not need to work for two weeks. At the same time, it will not be so easy for an employer to fire you: there are restrictions on this in the law.

Let's analyze the rights and obligations of both parties.

How the trial period is formalized

The scheme where you are offered to enter into an employment contract after a probationary period is common but illegal. So the employer makes life easier for himself: you do not need to draw up paperwork, and you can be kicked out any day and without payments.

According to the rules of the Labor Code of the Russian Federation, Article 67. The form of an employment contract, an employment contract is concluded within three days from the moment the employee is admitted to work, and the presence of a probationary period does not affect this in any way. But if it is, then it is written in the document. This is usually done in the following formulations: "In order to verify the Employee's compliance with the assigned work, a probationary period is established: _ months."

Unless otherwise stated, there is no probationary period. It is the employer's right, not the duty, to establish it.

Who can not be assigned a probationary period

There are some restrictions in the law. Thus, a probationary period cannot be established for:

• pregnant women and mothers of children under one and a half years old;
• minors;
• graduates of universities and colleges who first get a job in their specialty within a year from the date of receipt of the diploma;
• those who have taken an elective position with payment;
• employees transferred from another employer;
• employees with a contract for a period of less than two months.

How long is the trial period

By default, the trial period cannot exceed three months. For managers and their deputies, chief accountants and their deputies, as well as heads of structural divisions, it can take up to six months (and if there is a separate law for this, then more). If an employment contract is concluded for up to six months, testing an employee is allowed for no longer than two weeks. There is no minimum threshold.

If the employee was absent from work due to illness or other good reason, the probationary period is extended for this period.

How the work is paid during the trial period

Job descriptions often indicate a low salary and promise to increase it after the trial period. This is so common that it seems logical and obvious: the employer is just getting to know the person and does not want to pay him in full.

But this is illegal. The Labor Code prohibits the Labor Code of the Russian Federation. Article 132. Work remuneration discrimination in determining wages. For example, in Nizhny Novgorod, the prosecutor's office fined the company for discrimination against employees for the fact that employees on probation received 30% less than colleagues in similar positions. The department considered that the employer should have paid equal pay for equal work. And this is far from the only case.

How to understand that you have passed the probationary period

It's simple. If you continue to work after the end of the probationary period, then it has passed.

How to quit during a probationary period

If you decide that the job is not suitable for you, you need to inform the employer of the Labor Code of the Russian Federation Article 71. The result of the test when hiring no later than three days before dismissal. To do this, you need to submit a standard application, no special documents are required.

What to do if you do not agree with dismissal on probation

If you have not coped with your duties, the employer can terminate the employment contract. He must report this at least three days before dismissal in writing and indicating the reasons. There is no severance pay, but the days of work must be paid.

The Labor Code does not specify in any way the reasons why you can be fired on probation. The employer himself assesses whether the employee has coped with the duties. However, this does not mean that you have to agree if his explanations seem far-fetched. You need to go to court within a month of the Labor Code of the Russian Federation Article 392. The time frame for going to court for resolving an individual labor dispute from the day of dismissal, go to court, and the employer will have to prove that you worked poorly.

You, for your part, can find evidence of good work and - also an option - violations on the part of the company. For example, if you were told to be fired on the last day of the probationary period, that is a violation.

If the court takes your side, you will be reinstated in your position or your labor record will be changed to "dismissed of your own free will" - whatever you want.

What to remember

• The probationary period should not scare you if everything is done correctly and you have entered into an employment contract.
• It is impossible to reduce the salary during the probationary period.
• Firing an employee on probation is possible, but not as easy as it seems.