Probation period for external part-time work according to the Labor Code of the Russian Federation

Length of test of external part-time worker

Since part-time workers are subject to all federal and local regulations, and the establishment of a test for them is not prohibited, its duration is determined in the same way as for other categories of employees - by agreement of the parties without exceeding the deadlines established by Art. 70 Labor Code of the Russian Federation:

• for heads and deputy heads of enterprises, organizations and separate structural divisions, chief accountants of such organizations and divisions and their deputies - six months;
• for employees who have entered into an employment contract for a period of 2 to 6 months - no more than 2 weeks;
• for other categories of workers - no more than 3 months.

Only the maximum threshold for the duration of the test is determined by law, that is, the candidate and the employer can set a shorter one. An employee who continues to work after the expiration of the probationary period, in accordance with Art. 71 of the Labor Code is considered to be hired for the entire remaining term of a fixed-term employment contract or for an indefinite period.

The Labor Code of the Russian Federation does not provide for early termination of the test, however, the employer can decide and inform a suitable employee in writing that he considers him to have passed the test. In this case, you need to pay attention to one point: the probationary period is intended not only so that the employer can determine whether the employee is sufficiently qualified, but also so that during the trial the latter can decide whether he wants to continue working in this organization.

This is precisely the conclusion that can be drawn from Art. 71 of the Labor Code of the Russian Federation - it gives the right to an employee, including an external part-time worker, who for some reason is not satisfied with the job, to terminate the employment contract by notifying management about this in writing 3 days in advance. Moreover, it is important to note that reducing the duration of the probationary period must be a mutual decision of the parties, that is, written information to the employer must receive a similar response from the employee.

External part-time work involves a limited working day, in accordance with Art. 284 Labor Code - no more than 4 hours daily, with the exception of days free from main work activity. The total duration of such time during the reporting period cannot exceed half of the norm established for the employee in this position as the main one.

Part-time work

Today in Russia, part-time work is a fairly common phenomenon. It involves performing regular paid work in addition to your main place of income. It is necessary to distinguish part-time work from combining positions. In the first case, we are talking about work that is performed at the same or another enterprise during free time from the main job, and in the second case, we are talking about work at the same enterprise during working hours. For example, a part-time employee may be an employee who works as an accountant at two enterprises, and a school librarian may combine the position with work as a secretary at the same school.

The Labor Code of the Russian Federation in Article 253 prescribes possibilities that allow the establishment of provisions of a part-time employment contract. Restrictions on part-time work may be introduced by the head of the organization or the trade union, if as a result of such work, damage to the health of the employee may occur or the safety of the work process may be compromised. The regulations also stipulate that pregnant women and citizens under 18 years of age are prohibited from working together. Strict restrictions are imposed on holding multiple leadership positions.

In addition to the above, paid part-time work is prohibited for the following categories of employees:

• representatives of the state apparatus}
• civil servants}
• judges}
• representatives of municipal services.

It is also prohibited to combine public service with security activities or to occupy a leadership position in a public association on an elective basis. People holding positions in the Bank of Russia do not have the right to combine work. State Duma deputies, according to the Constitution, also should not engage in other types of paid activities.

General directors and board members of joint stock companies also have some restrictions when applying for part-time jobs. Also, the employer for whom the employee works has the right to prohibit him from working part-time if this worsens the employee’s position in relation to the law. It is allowed to hold a leadership position and at the same time work part-time in a scientific and methodological or scientific department in a leadership position.

Dismissal of an external part-time worker during a probationary period

As with any other employee, an external part-time worker on a probationary period can be dismissed either on his own initiative or by decision of the employer. Labor Code of the Russian Federation in Art. 71 gives the right to an employee who has come to the conclusion that the job is not suitable for him to quit quickly, warning the employer in writing at least 3 days before termination of work. Moreover, he is not obliged to explain his motives.

The manager has the right to dismiss the employee during probation, also warning him 3 days in advance. However, he is obliged to give written explanations of the reasons that prompted him to make such a decision. If we are talking about dismissal for committing disciplinary violations, then they must be properly recorded. To do this you need:

1. Draw up an act in the presence of witnesses.
2. Record the time of absence from work, if we are talking about absenteeism.
3. Conduct a medical examination, if necessary, if we are talking about appearing at work while intoxicated.
4. Request written explanations from the employee.

Correct fulfillment of these conditions will allow the employer to defend its position in court if the employee files a claim for reinstatement.

Additionally, the employer has the right to dismiss an external part-time worker on the grounds of Art. 288 Labor Code - in connection with the hiring of an employee to this workplace on a permanent basis. The warning period in this case is at least 2 weeks.

As you can see, the law does not prohibit the establishment of a probationary period for part-time workers, including external ones. However, its duration and grounds for termination remain the same as for other categories of employees.

When is it installed?

The law allows the head of a company to check a citizen before starting permanent cooperation. A probationary period is established for this purpose. The initiator of the appointment of a part-time period is the employer. Checking is mandatory if the need for it is recorded in the internal documents of the organization. The period can be established by agreement of the parties. If there are no other provisions in the employment contract, the person is considered to be hired on a permanent basis immediately.

Normative base

• Article 70 – “Test for hiring”. Explains the rules for drawing up documents (orders, contracts), as well as the time for which the test is set. In addition, this article lists persons to whom this requirement does not apply.
• Article 71 – “Result of the test for employment.” The further development of events after the end of the probationary period is prescribed, depending on the situation, as well as the conditions when the employer can suspend the probationary period until its completion.

Introducing the LNA

A part-time worker is already your employee, and therefore must obey the rules of your src=»https://i0.wp.com/pravo-v-dele.ru/wp-content/uploads/2016/01/2016-01-06_174447. jpg" class="aligncenter" width="400″ height="260″[/img] Therefore, you need to familiarize yourself with it:

• with PVTR;
• with provisions on payment and bonuses;
• with the provision on the checkpoint (if there is one);
• with job description.

Each of these LNAs must have an acquaintance sheet attached (which we will talk about later), and these sheets must contain the signature of the part-time worker.

Now that the application has been accepted, the employment contract has been signed, the documents have been reviewed, and we are preparing an order.

Concepts

A part-time job is a part-time job, that is, part-time work should not take up more than half of a standard eight-hour working day. Consequently, wages will be calculated in the amount of half of the full salary.

A probationary period is a period of time during which the employer checks whether a new employee meets the requirements and standards of the company and whether he copes with his responsibilities.

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When applying for an additional job, a citizen is obliged to inform the employer that he has a main job, at least verbally.

If the new employee does not do this, such behavior may be considered a violation of the law.

Example:

Primary school teacher Pyotr Petrovich decides to get a part-time job at an advertising agency. At school he has a standard eight-hour work day. However, he does not inform the new employer about this, which means he misleads him, which in the future can lead to conflicts and misunderstandings.

Let’s say that you can work remotely at this agency. The employer believes that Peter works full time for him. The employee himself does advertising after his main job at school, in the evenings.

One day, it happens that you urgently need to fulfill an order in the middle of the working day, and all the employees are already busy. The employer gives this order to Peter, but he cannot fulfill it, because... at the moment he is teaching a lesson.

Peter lets his employer down, the employer feels deceived, and the business relationship is ruined.

Results and further course of action

The probation period can have three possible outcomes:

• the test was successful;
• the employee did not come;
• The employee decided to resign himself.

Each of them has its own scenario for further actions.

Features of completing the probationary period are presented in the table below, compiled on the basis of Article 71 of the Labor Code of the Russian Federation “Result of the test when applying for a job.”

It is important to know that the probationary period must be included in the length of service if, after its completion, the employee remains in this position.

This plays a significant role in further dismissal and calculation of compensation, as well as when the employee goes on vacation.

Thus, taking into account the fact that a part-time employee is registered as a regular employee and has all the same rights and responsibilities, the only difference is that his working hours are much shorter.

He is tested in accordance with Articles 70 and 71 of the Labor Code of the Russian Federation, just like key workers.

Update: November 19, 2021

In general, when concluding an employment contract, the employer may provide for a probationary period. Let us recall that a probationary period is a period established for a newly hired employee to verify his compliance with the assigned work (Part 1 of Article 70 of the Labor Code of the Russian Federation). If there is no provision for a probationary period in the employment contract, it is considered that the employee was hired without a trial.

And in the case where the employee was actually allowed to work without drawing up an employment contract and before the start of work the parties did not draw up a separate agreement on testing, then it will no longer be possible to include in the employment contract, which must be concluded no later than 3 working days from the date of commencement of work. include a test condition (part 2 of article 67, part 2 of article 70 of the Labor Code of the Russian Federation).

Can a probationary period be established for part-time jobs?

Employee accepted

In accordance with Article 71 of the Labor Code of the Russian Federation, if an employee continues to work after the expiration of the probationary period, this means that he has passed the test.

To continue work, you do not need to complete any additional documents.

And if the employee expresses a desire to resign, the procedure will follow a general procedure.

If the employee has not passed the probationary period, then in this case another procedure must be carried out, as stated in Article 71 of the Labor Code of the Russian Federation:

• Before the end of the probationary period, the employer has the right to terminate the contract with the employee, but it is necessary to notify him at least three days before the end of the probationary period in writing, indicating the reason;
• In this procedure, the opinion of the trade union is not taken into account and benefits are not paid upon dismissal.

The notification must be drawn up in two copies (for the employee and in a personal file that remains at the enterprise), the employee must read it and sign it.

Example notification

If the employee does not agree with the manager’s conclusions and refuses to receive the notification, in this case the employer takes the following actions:

• Drawing up a report in the presence of 2-3 employees of the enterprise about the employee’s reluctance to sign after receiving the notification.
• Sending a copy of the certified act by registered mail to the home address of the employee who did not pass the test.

It is worth emphasizing compliance with the deadlines for sending a registered letter.

The postmark must be of the date determined by the requirement of Article 71 of the Labor Code of the Russian Federation, i.e. no later than 3 days before the end of the test period.

If this requirement is not met, the employee has the right to appeal the employer’s decision in court.

In addition, the notice must clearly indicate the legally competent reason for the manager’s decision to dismiss the employee.

To do this, the administration of the enterprise must record all the points confirming the validity of the manager’s decision - these could be various protocols of violations of labor discipline, reports on failure to complete the assigned work to the employee, etc.

Moreover, after each administration document there must be an explanatory note from the employee explaining the reasons for failure to comply with the requirements of the position held or for violation of the internal rules of the enterprise.

But if the manager makes a decision about the professional inadequacy of the employee, then in this case a written conclusion of an expert commission or a decision of the certification commission, drawn up in accordance with all the rules of document management, is required.

Can a woman on maternity leave work part-time? See here.

How to properly register a part-time employee? Read here.

It also happens that the tested employee committed absenteeism or another disciplinary act, i.e. showed an irresponsible attitude towards work.

In this case, he can be fired on the basis of one of the paragraphs of Article 81 of the Labor Code of the Russian Federation.

Let’s look at the following example to see how to correctly formalize the dismissal of an employee as having failed the test.

A certain citizen A. was hired as a part-time assistant teacher in a kindergarten with a probationary period of 3 months. She failed the test and was dismissed under Article 71 of the Labor Code of the Russian Federation. Citizen A. filed a claim with the court with a request to reinstate her at work, pay for the time of forced absence due to the fault of the administration and compensate for the moral damage caused. However, the court rejected her claim, and the appeal court upheld the decision of the first instance in force and without changes.

Guided by Article 70 and Article 71 of the Labor Code of the Russian Federation, the administration of the kindergarten performed all actions legally correctly.

An employment contract with a probationary period of 3 months was concluded with citizen A. 3 days before the expiration of the probationary period, the director of the kindergarten notified Citizen A. against receipt of her decision that she was unsuitable for her position.

As evidence, the court was provided with reports from kindergarten teachers, parents of children, a collective letter requesting that Citizen A. be removed from work, as well as minutes of the meeting of the kindergarten Council.

All this strong evidence of citizen A.’s lack of professionalism served as the basis for the argumentation in the court’s decision.

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The above example shows the need for a formal approach to the dismissal of this category of workers, the correct execution of all necessary evidentiary documents, and compliance with the deadlines for filing notice.

However, it happens when the employee himself realizes that he does not like the work or is too difficult.

In this case, he is the first to submit an application to the employer a few days before the end of the probationary period with a request to dismiss him at his own request.

Example of an employee's resignation letter

This is important not only for the employee applicant for a new position, but also for the potential employer, who rightly asks the question: “Why did the applicant leave his previous position so quickly?”