First of all, the Labour Code specifies the restrictions imposed on some categories of workers who can not take a job on probation.These include pregnant women and those who are children under the age of eighteen months, as well as minor citizens and young professionals - graduates of vocational education institutions.In this case, the citizen gets a job the employer is obliged to submit documents confirming his status.
Particular attention should be paid to young professionals.The probationary period for them can not be established and agreed in the employment contract only under certain conditions.So, after graduation should not go more than a year and a vacancy on the employee claims should correspond to the occupation, which he received in high school.In addition, the inst
itution must be accredited by the state, and in the workbook should not be an employee of records that in his specialty, he has already acquired production experience.HR staff should always check that the letter of the law was not violated, because otherwise, in accordance with Art.5.27 of the Administrative Code, the company may be subject to an administrative penalty or its activities may be suspended.
In accordance with Article 70 of the LC RF, the maximum duration of the probationary period is set to 3 months, the employer has the right to cut it, or even extend, if the employment contract it is set to a shorter time.However, in the latter case it would require the consent of the employee to sign, after a trial period and its duration are essential terms of an employment contract signed initially.
Making of probation should not be limited only to the inclusion in the contract of employment records of his establishment.In order for an employer to fire an employee the opportunity to remain untested, this condition and its duration should also be reflected in the order for a job.In addition, the employee must be developed special tasks with which it must deal.Their performance or nonperformance is also necessary to make out individual acts of acceptance.
If an employee did not pass the test, the employer should monitor the termination of the test, so that three days before to notify the employee of the impending dismissal in writing.In the event that the employee sustained a trial period, to register it in some special order or in the workbook is not required.According to Article 71 of the Labour Code, if after testing the employee continued to perform his duties, it is automatically considered to have passed the test.
It should be noted that the transfer of the employee or assign it to another position during the probation automatically mean that the test is passed, and his term was over.