How to complete the trial period
First of all, the Labor Code specifies the restrictions set for certain categories of employees who can not be employed for a probationary period. These include pregnant women and those who have children under the age of one and a half years, as well as under-age citizens and young professionals-graduates of professional educational institutions. In this case, a citizen who is employed must provide the employer with documents confirming his status.
Special attention should be paid to young specialists. The probationary period for them may not be established or stipulated in the employment contract unless certain conditions are met. So, after the graduation from the educational institution should not take more than a year and the vacancy, which the employee claims, must match the specialty that he received at the university. In addition, the educational institution should have state accreditation, and in the work record book of the employee there should be no record that he has already acquired production experience in his specialty. Personnel officer should check that the letter of the law has not been violated, because otherwise, according to Art. 5.27 of the Code of Administrative Offenses of the Russian Federation, an administrative penalty may be imposed on the enterprise or its activities may be suspended.
In accordance with Article 70 of the LC RF, the maximum duration of the probation period is set at 3 months, the employer has the right to reduce it or even extend it if it is established in a labor contract for a shorter period of time. True, in the second case, for this it will be necessary to sign the consent of the employee, because the probation period and its duration are essential conditions of the originally signed employment contract.
Registration of the trial period should not be limited only by including in the employment contract a record of its establishment. That the employer had the opportunity to dismiss an employee who had not passed the test, this condition and its duration should also be reflected in the order for employment. In addition, for the employee must be developed special tasks, with which he must cope. Their fulfillment or non-fulfillment must also be formalized by separate acceptance certificates.
If the employee does not pass the test, the employer must monitor the end of the test period, so that three days before that, the employee will be notified of the forthcoming dismissal in writing. In the event that the employee has passed the probationary period, it is not required to formalize him by some special order or record in the work book. According to Article 71 of the Labor Code of the Russian Federation, if after the end of the test the employee continued to perform his duties, he is automatically considered to have passed the test.