How to issue the end of the trial period
First of all, the Labor Code stipulates the restrictions established for certain categories of workers who cannot be hired 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 underage citizens and young professionals - graduates of vocational educational institutions. In this case, a citizen applying for a job is obliged to submit documents to the employer confirming his status.
Special attention should be paid to young professionals. The probationary period for them may not be established and not stipulated in the employment contract only subject to certain conditions. So, after graduation, there should not be more than a year and the vacancy for which the employee is applying must correspond to the specialty he received in high school. In addition, the school must have state accreditation, and in the employee’s work record there should be no records that he has already gained production experience in his specialty. The personnel department officer must check that the letter of the law is not violated, because otherwise, according to Art. 5.27 of the Administrative Code of the Russian Federation, an administrative fine may be imposed on the enterprise or its activity may be suspended.
In accordance with article 70 of the Labor Code of the Russian Federation, the maximum duration of a probationary period is set at 3 months, the employer has the right to shorten it or even extend it if it is set for a shorter time in the employment contract. However, in the second case, this would require signing the employee’s consent, because the probationary period and its duration are essential conditions of the initially signed employment contract.
Registration of the probationary period should not be limited only to the inclusion in the employment contract of the record of its establishment. In order for the employer to remain able to dismiss an employee who did not pass the test, this condition and its duration should also be reflected in the employment order. In addition, for the employee must be developed special tasks with which he must cope. Their fulfillment or non-fulfillment must also be drawn up by separate acts of acceptance.
If an employee fails the test, the employer must track the end of the trial period so that, three days before that, the employee must be notified of the impending dismissal in writing. In the case when the employee has sustained a probationary period, it is not required to issue it by some special order or a record in the workbook. According to Article 71 of the Labor Code of the Russian Federation, if after the end of the test the worker continued to perform his official duties, he is automatically considered to have passed the test.