RF Customs Code: a sample of an employment contract for a probationary period
The beginning of labor activity is always exciting for the employee. In addition, from the good start of work depends the further cooperation of the employer and the employee.
Correctly issued documents also playimportant role. In this article we will consider in detail how the sample of the employment contract looks like for a probationary period and what are the main features of such an examination of the applicant's professional skills.
The concept of
Under probationary term understand positionLabor contract, established by mutual agreement of the parties. Its purpose is to check the competencies of the competitor and the competency of the person being hired.
According to the law, the trial period can be determined if:
- Both sides of the labor relations gave their consent to include this condition in the contract.
- This condition applies to a new employee.
- Employment contract with probation period (according to TCRF) must be concluded only in writing (otherwise the employee is considered to be admitted to the state without testing). Even if a citizen is employed without an agreement, an agreement on the probation period must be signed.
- The employee undergoing the test is subject to the same working conditions as other employees.
The condition of the test should be included in the order for employment, but in labor such information is not entered.
Below is the employment contract for the duration of the trial period - a sample document.
The test can be installed for almost all employees, except for some categories. They include:
- women in the situation;
- citizens who have graduated from a higher educational institution and got a job in the first year after the training;
- underage citizens;
- employees who are transferred to this organization;
- citizens, cooperation with which is temporary (less than 2 months);
- citizens elected to elective office.
The following is an employment contract without a trial period - a sample document.
For what is the
As already mentioned, the test by law shouldappointed by mutual agreement of the parties. But, unfortunately, in practice this rule is rarely observed. And the trial period is appointed only at the request of the employer, and the applicants are forced to agree with all conditions for its passage.
In particular, some heads of organizationsthink that the test is an occasion to reduce the employee's salary or to reduce the number of relying guarantees and compensations, and sometimes to dismiss only because the employee simply did not like a person. So, every citizen should know that this is illegal. Any employee, even on probation, has the right to all guarantees and compensations provided for by law. In this case, the employer must not understate the wages of the employee who is passing the test.
It should be remembered that the test is not necessary in order to save on a new employee, but in order to reveal his professionalism and competence in his position.
The longest test period is 90 days. But for some posts, he can reach half a year. Basically these are the leading posts:
- the head or his deputy;
- the chief accountant or his deputy;
- head of a separate subdivision.
If a person enters into a temporary employment contract,for a probationary period (a sample of the document will be presented below) is reserved for up to two weeks (provided that the term of the contract varies from two months to six months).
The minimum period for passing the testThe legislation is not regulated and is established only by agreement of the parties. The exception is the requirement of the law to civil servants. The duration of the test in this case can be from a month to a year.
If the test period has passed and the worker continues to work, he automatically undergoes testing and receives a corresponding post.
If an employment contract is concluded with a probationary period of 3 months (a sample with a PI can be seen in our material), then this moment must be recorded in the document.
The employer can not extend the test period,Even if the permission of both parties has been obtained. An exception is the fact that the employee was disabled for a certain period of time during the test. In this case, the trial period will be considered interrupted and will be started from the moment when the employee has assumed his duties. It turns out that the date prescribed in the employment contract is shifted to the actual moment of the end of the test.
To extend the test, an order should be drawn up with the necessary documents attached.
Labor contract for probation (samplewhich was presented earlier) is no different from other types of cooperation agreements. It simply must include the condition of the test and the period of its passage.
According to the legislative norms, the contract must be concluded in writing.
If the employment relationship has not been formalizedin writing, and the citizen has already begun his labor activity, then the manager must formalize the legal relations that have arisen within three days. In this case, the inclusion of test conditions in the employment contract is impossible. The test can be applied only by agreement of the parties, by concluding an appropriate agreement.
Registration of the probationary period is not limited only by the indication of this fact in the employment contract or by the order on admission.
And if you take into account that during the test the employee may not approach the company and be fired, the entire test procedure must be recorded in writing.
From the first day of the beginning of the trial period, each performance of the duties of the employee must be monitored and recorded by an authorized person, which is assigned to the employee.
Such control may look like a plan,compiled in the form of a table, for the entire period. A special journal should be created where the results of the assignments should be entered, and also it is necessary to attach all memoranda from the authorized person with an analysis of completed or uncompleted assignments.
At the end of the trial period, the authorized person together with the supervisor should review the work done and make a decision on the results.
Testing under the fixed-term contract
Fixed-term employment contract with probation period(the sample is presented further) depends on for what purposes it consists and what the employee should do. There are the following types of work for which fixed-term contracts can be concluded:
- Seasonal work. According to Art. 293 of the LC RF, taking into account the specifics and definition of seasonal work, the execution period of which does not exceed half a year, it is impractical to establish a test more than 14 days.
- Temporary job. The duration of this type of work, according to Art. 59 TC RF, does not exceed two months. Therefore, the trial period is out of place here.
- Other work. If the parties reach an agreement and make a contract for up to six months, the test can be scheduled for no more than 2 weeks.
So, if a temporary employment contract forThe probationary period (the sample with the PI was presented above) is urgent and consists of no less than six months, the test takes place, and the supervisor has the right to appoint him.
Fixing the results
The order of passing the tests is not regulated by labor legislation and an assessment of how the employee coped with the tasks falls entirely on the shoulders of the employer.
First, the employer must decide howwork is organized during the test. At the same time, all the tasks put forward must correspond to the functions established by the labor agreement and the job description of the new specialist. And for this, before accepting an employee, he must provide a sample of the employment contract for a probationary period.
Secondly, the manager should not create obstacles to the performance of the employee's immediate duties. And when analyzing the results of the work, he must make an objective assessment.
The result of the test must be made in writingform as a conclusion with attachments. These include the explanatory notes of the employee himself, the testimony of other employees, feedback from the organization's clients and other documents.
Legislatively, such a requirement has not been established. But such registration of the results of the probationary period will help in the future if the employee was dismissed for failure to test and a complaint was filed with the court.
Termination of employment
Employment contract for probation, samplewhich should have been signed at the beginning of the employment relationship, can be terminated during the test, if there are necessary reasons for this. At the same time, the employer must notify the employee about this. The notification should correspond to the established algorithm:
- The notice of the non-passage of the probation period must be made in writing.
- The document must be sent to the employee at least three days before the dismissal.
- The notice must contain objective reasons that justify the reasons for the dismissal.
- The document is given to the employee against the signature. If the employee refuses to sign it, it is necessary to draw up a document on the refusal in the presence of several witnesses. To protect yourself from unexpected consequences, it is better for an employer to send a notice of dismissal also with a registered letter with the inventory. But in any case, the notice period must not exceed three days before the dismissal.
If these rules are not observed, the termination of the contracton probation will be recognized by the court as invalid, and the employer will have to restore the employee in the workplace with payment of compensation and payment of forced absenteeism.
If the contract is terminated during the test,monetary compensation is provided in the form of severance pay, but you can get compensation for unused leave (a sample of a labor contract for a probationary period may contain such information).
But there is also a downside to the process. The employee may not be satisfied with the work process. Consequently, he will want to terminate the employment contract. To do this, you need to write a notification in three working days. At the same time, if the initiative of dismissal comes from the employee, then the employer has no right to force him to work out two weeks. Almost all employers forget about this fact.
Consequently, the employment relationship must be terminated no later than three days from the date of application. Neglect of this fact is a violation of the rights of the employee.
End of test
A sample employment contract for probation may contain information on how to proceed after the end of the trial. It can be:
- drafting of the order for passing the test;
- do not draw up any documents, then the employee is automatically transferred to a permanent job.