What you need to know about probation, to defend their rights
Right / / December 24, 2019
The probationary period is given to the employee and employer to see if they fit together. It seems that it is beneficial only to the employer, but it is not so. If you understand that working conditions intolerable, and the staff is terrible, you will not have to work for two weeks. At the same time, the employer is not so easy to dismiss you, in the law there are restrictions in this regard.
Let us examine the rights and responsibilities of both parties.
How to arrange a trial period
Driving when you are offered an employment contract after the probationary period, common but illegal. So the employer facilitates your life: do not need a paper, and you can kick out any day without payment.
According to the rulesThe Labor Code Article 67. The form of the employment contract, The employment contract is concluded within three days from the date of admission of the employee to work, and the availability of probation is not affected. But if it is, it is prescribed in the document. Usually this is done in a similar formulation: "In order to verify the suitability of an employee assigned work set the trial period: __ months."
If this is not specified, there is no trial period. Install it - a right, not an obligation of the employer.
Who can appoint a probationary period
The law has some limitations. Thus, the trial period can not be set for:
- pregnant women and mothers of children up to six years;
- graduates of high schools and colleges, for the first time to get a job in their specialty for a year from the date of graduation;
- occupied elected office with payment;
- employees, translated from another employer;
- workers with a contract for a period of less than two months.
How long is the trial period
By default, the trial period may not exceed three months. For managers and their deputies, the chief accountant and their deputies, as well as heads of structural divisions it may take up to six months (and if there is a separate law, or even more for this). If the employment contract is concluded for a period of up to six months, test the employee is allowed no more than two weeks. There is no minimum threshold.
If an employee is absent from work due to illness or other valid reasons, the trial period is increased for this period.
How to pay for the work during the probationary period
In the description of vacancies often indicate low salary and promise to increase it after the trial period. It is so common that it seems logical and obvious: the employer is still only acquainted with the person and do not want to pay him in full.
But it is illegal. The Labor Code prohibitsArticle 132 of the LC RF. Payment for Labor discrimination in the determination of wages. For example, the prosecution fined in Lower NovgorodFor discrimination of employees company administratively liable the company because the employees on probation received 30% less than colleagues in similar positions. In the department felt that the employer should have the same pay for equal work. And this is not the only case.
How do you know that you have passed the probationary period
It's simple. If you continue to work after the end of the probationary period, he passed.
How to resign during the trial period
If you decide that the job does not suit you, report it to the employer needArticle 71 of the LC RF. Test result in hiring not later than three days before the dismissal. To do this, you must submit a standard statementNo special documents are not required.
What if do not agree with the dismissal on probation
If you do not cope with their responsibilities, the employer may terminate the employment contract. Report this he has at least three days before the dismissal in writing and stating the reasons. Severance pay is not provided, but the days of work must pay.
The Labor Code does not define the reasons for which you can be fired in a trial period. The employer itself assesses whether a duty officer consulted. However, this does not mean that you have to agree, if his explanations seem far-fetched. You need for a monthArticle 392 of the LC RF. Terms of recourse to the courts for resolution of individual labor dispute from the date of dismissal to go to court, and the employer will have to prove that you have worked badly.
You, on the other hand, can find a good job and confirm - is also an option - violations by the company. For example, if you have been told about the dismissal of the last day of the probationary period, it is a violation.
If the court will be on your side, you will restore the position or change the entry in the labor force to "voluntary redundancy" - as you like.
- The probationary period must not frighten, if everything is executed correctly and the employment contract entered into with you.
- Reduce wages can not be on probation.
- Dismiss an employee on probation can be, but is not as easy as it seems.
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- What are the rights of pregnant women at work
- Why the employee an employment contract and that it should be