Rules for registering a probationary period in a contract, work book and other documents

Legislative framework

The employment contract must contain a clause on the completion of a probationary period (PP) indicating its duration. Read here about whether it is necessary to draw up an employment contract during a probationary period, and from this article you will learn about registering IP in a fixed-term and permanent employment contract.

If the company has been in existence for more than a year, then it usually develops its own specific algorithm for checking new employees during the trial period. For this purpose, the management is developing a special regulation.

The Labor Code establishes certain categories of workers for whom it is prohibited to introduce a probationary period:

• pregnant women;
• young people under 18 years of age;
• specialists who are registered in the order of transfer, those who entered by competition and some others.

What is the regulation on the procedure for passing the IP?

This document describes in great detail the general provisions on the procedure for passing the verification period and specifically describes the procedure itself.

1. The tasks and goals, the criteria by which the subject will be assessed, are indicated.
2. The terms and reasons why it is possible to reduce them are determined (its duration cannot exceed 3 months - Article 70 of the Labor Code of the Russian Federation).
3. A curator is appointed and an individual plan is drawn up for the period of professional suitability testing.
4. The procedure and deadline for reporting test results is prescribed.

Start

The probationary period always starts from the very first working day . It is impossible to install it if a person has already worked at the enterprise for some time (at least for a few days).

Hiring with a probationary period without registration

If for any reason an employee begins to perform his duties without signing an employment contract, then a bilateral agreement should be concluded . Otherwise, defining additional conditions will be illegal .

Do not forget that an employee whom the employer voluntarily allowed to work is considered to have entered into an employment relationship with the organization, regardless of the readiness of the documents!

The provisions of the Labor Code do not apply to GPC agreements (of a civil nature). If necessary, such a contract can include a test with any conditions that do not contradict the Civil Code of the Russian Federation.

Correct execution of all documents related to the probationary period is a very labor-intensive procedure. Nevertheless, knowledge of its intricacies will help the employer avoid defeat in labor disputes, and the employee will defend his rights.

And if you still need to part with a newcomer during testing, read the article “How to fire an employee who has not passed the probationary period: procedure, nuances, requirements of the Labor Code of the Russian Federation.”

How to get?

To successfully complete this probationary period, you do not need to do anything special; you just need to conscientiously and efficiently carry out all the tasks set by management. First, you should carefully study your job description, your responsibilities, and do not hesitate to ask advice from experienced colleagues.

You need to listen to competent criticism, respond adequately to it and correct your shortcomings and mistakes. For each employee for this period, a specific individual plan is drawn up , which outlines control tasks.

Work plan

1. What it is?
   This is a document containing several thematic sections, each of which includes the following questions:
   • A specific task for the employee (professional).

   The timing of its execution (exact number of hours or days).

2. Actual result.
3. Expected Result.
4. Curator's comments.
5. Who composes?
   Typically, an experienced HR employee or immediate supervisor is involved in drawing up such a plan.
6. What is it needed for?
   The plan is drawn up in order to understand whether a given employee is capable of effectively and competently performing his job duties, and in order to avoid possible conflict situations in the future.

A sample assignment for a probationary period (approximate plan) can be downloaded below:

Tasks

It is allowed to set only those tasks that correspond to the job responsibilities of the subject . It is also necessary to take into account the possibility of an objective assessment based on the results of their implementation.

Work plan

Often, a probationary period is just a used opportunity to quickly dismiss an employee who has not met management’s expectations. At the same time, there are many organizations where there is no formal approach to assigning a probationary period, and the entire procedure is considered as a necessary stage in the adaptation of a new employee, the opportunity to establish correct working relationships with him and his level of competence.

The higher the responsibility and significance of the position for the organization, the more complex and intense the process of joining the team and becoming familiar with the features and specifics of the company. In this regard, conducting a test requires the presence of a certain plan , a certain program of actions aimed at revealing the employee’s potential and his professional qualities.

A work plan for a probationary period is the very program that sets the procedure and determines the level of training and efficiency of the employee.

In turn, the employee immediately has the opportunity to gain a certain understanding of the modes and rules of the company’s functioning, to gain a complete understanding of the rules of work and relationships within the team.

Who makes up

Drawing up an individual plan is the prerogative of the head of the enterprise. The direct preparer of the plan can be any employee with experience in this area. Usually, during the probationary period, a mentor (supervisor) is appointed, who is entrusted with this responsibility.

To formalize the plan, a special document is usually created. The form is made in the form of a table, the columns of which display certain tasks, expected and actual results, and the supervisor’s assessment on a five-point or other scale, if this is more convenient.

• Each column of this table displays a specific stage, task or assignment performed by the employee as part of the tests, what results are expected (optimum) and what results were obtained in practice.
• At the end of the column, grades are given by the curator and manager based on the actual result of the work. In addition, the degree of adaptability of the employee, the possibility of his socialization and learning ability are determined.

The second part of the document usually includes a conclusion from the manager and mentor, defining the professional qualities of the employee:

• Ability to perform duties accurately and in a timely manner.
• Quality of work.
• Ability to work independently.
• Opportunities for teamwork, degree of communication skills.
• Level of knowledge in office work, ability to competently and accurately express one’s thoughts in writing, etc.

At the end, the manager’s conclusion is made in the form of a certificate about the result of the test, recommendations are given on the employee’s further work, and a general assessment of the tests is made.

Employee adaptation

Adaptation in any team is not an easy process, because a new person joins an existing team. Of course, he needs to be helped, not left without support, and appointed a curator to help him during the probationary period.

Who is watching the newcomer during this period?

The following may be involved in monitoring and monitoring the correct execution of tasks:

1. the immediate supervisor of the tested employee;
2. mentor;
3. curator;
4. observer.

It is also possible to create commissions, but this practice is usually only suitable for large enterprises.

What are they looking at?

During this period, monitor:

• the ability to quickly master various skills and learn;
• quality of performance of official duties;
• desire and ability to quickly correct mistakes;
• compliance with labor discipline and internal regulations;
• how a person copes with unexpected problems and stress;
• communication skills, communication skills.

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End of test

Certification at the end of this time period is perhaps the most ideal option for completing it. That is, a new employee undergoes exactly the same test (suitability for the position) as everyone else, according to the certification regulations developed in the organization.

When does it end?

This period is considered completed when the time period established for the IP ends (it is indicated in the employment contract).

results

The results at the end of this test may be positive or negative . Well, of course, a negative result is much less common, because usually already in the first 3–4 weeks it becomes clear whether a person is coping with the assigned tasks or not. Therefore, more often than not, they part with an unsuitable employee who just doesn’t work out earlier.

Attention! If during the testing process the employee realizes that this place is not suitable for him, in order not to waste time, he must notify the employer 3 days in advance (in writing) and resign of his own free will.

Report

The most important document is the completion report , which is prepared after the tests are completed. It precisely reflects the employee’s ability to perform his job duties.

1. Who writes?
   The report is usually compiled by the curator assigned to the subject.
2. How to compose it?
   It is not difficult to write a report; it must strictly correspond to the specific test plan developed earlier. It should be described in detail, for each task set in the plan - how it was completed, what mistakes were made, how they were corrected. It is convenient to use a point scale in such a report; it will look more objective.
3. During what period?
   The report must be ready no later than 2 weeks before the end of the verification period.

Characteristic

After the testing period, the employee’s character reference is drawn up by his immediate supervisor. It reflects not only his business qualities, but also his ability to work in a team, mobility, social adaptation, level of culture and stress resistance. This characteristic is then attached to the report (based on test results).

Conclusion about the passage

The conclusion is already the final document; it is prepared on the basis of the two previous ones (report and characteristics) . This document analyzes and summarizes all the results of labor activity during the designated period.

An example of a probation report can be downloaded below:

This conclusion is most often prepared by a HR specialist or one of the new employee’s experienced, qualified colleagues.

Actions of the employer after the expiration of IP

At the end of the probationary period, after all the necessary documentation has been prepared, the employer studies it and then makes a decision - such an employee is needed or he is not suitable. Accordingly, further events depend on this decision: either dismissal occurs, or the person becomes an equal member of the team.

How is the employee registered after the test?

It often happens that the probationary period has already ended, but the employee continues to work, this means (according to Article 71 of the Labor Code of the Russian Federation) that the test has been successfully passed. That is, it turns out that the employer may not notify the person about this. But it’s better to do this in order to set your employee up for successful activities in the future.

If, at the end of the testing period, an unsatisfactory assessment is received, then the person must be warned 3 days before the date of dismissal (Article 71 of the Labor Code of the Russian Federation) , in writing and against signature.

The reason for dismissal at the initiative of the employer must be legally formulated. It is best to back it up with documents; these could be acts of failure to fulfill duties, complaints from clients, as well as memos or reports that were drawn up by the supervisor and immediate superior during the verification period.

Is it necessary to draw up a termination order?

Such an order is needed only if the trial period ended early (was shortened).

How to properly arrange a probationary period

Who can set a deadline?

An employer can establish a probationary period, or, in the language of the Labor Code, a test when hiring, in relation to an employee hired by the organization (Article 70 of the Labor Code of the Russian Federation).
At the same time, the Labor Code immediately establishes restrictions on the inclusion of this condition in the employment contract. Thus, the first limitation follows from the fact that a probationary period can only be established upon hiring. This means that when already existing employees are appointed to a position (promotion, transfer, etc.), the test cannot be established. Please note: this rule also applies in cases where an employee was initially hired for a position on probation, but was transferred to another job before the end of the probationary period. In this case, the transfer simultaneously means the end of the probationary period.

In addition, the Labor Code contains a list of persons for whom, in principle, a probationary period cannot be established. It includes pregnant women and women with children under the age of one and a half years; persons under 18 years of age, as well as graduates of educational institutions. True, the Code does not contain the employer’s obligation to establish these facts. This means that the employee himself must submit documents confirming that a test cannot be introduced against him. So if the employer has not received the relevant documents at the time of signing the employment contract, establishing a probationary period will be legal.

Special attention should be paid to graduates of educational institutions. For them, the Labor Code establishes several additional conditions. Thus, the institution from which they graduated must have state accreditation, and no more than a year must have passed since graduation. In addition, the position for which the employee is hired must correspond to the specialty specified in the education document, and the employee’s work book should not contain records of work in this specialty. Accordingly, when hiring graduates, the employer needs to be especially careful and monitor whether these conditions are met or not. After all, the inclusion in a contract of a condition on a probationary period in cases where this is prohibited by law entails administrative liability up to the suspension of the organization’s activities (Article 5.27 of the Code of Administrative Offenses of the Russian Federation).

What to do when setting up a test

Let’s assume that the employee being hired is not included in the “prohibited” list, which means that a probationary clause can be included in the employment contract with him. In most cases, everything is limited to this entry. However, with this design, there is no benefit for the employer from the probationary period - it will be almost impossible to dismiss an employee as having failed the test. But an employee can use this record if, for example, he finds a better job and wants to quit quickly. Indeed, during the probationary period, the period of “working out” upon dismissal at one’s own request is not two weeks, but only three days (Article 71 of the Labor Code of the Russian Federation).

So, we found out that the probationary period should be formalized not only by an entry in the employment contract. Let's now see what documents the employer will need to submit.

The first thing to do is to reflect the condition of the probationary period and its duration in the employment order. Please note that for most employees the maximum probationary period is three months, but the employer may set a shorter period. So, if in the contract and order we have fixed a trial lasting, for example, two months, then in the future it will not be possible to extend it to three months permitted by the Labor Code without the consent of the employee. After all, the probationary period is one of the essential terms of the contract and can only be changed by agreement of the parties.

It should be noted here that many experts believe that the organization does not have the opportunity to extend the test at all, even with the consent of the employee. At the same time, they refer to the fact that the probationary period, according to Article 70 of the Labor Code of the Russian Federation, is established upon hiring. However, a careful reading of this article of the code leads to the conclusion that when hiring, it is imperative to resolve the issue of establishing a probationary period. But the Code does not require establishing the duration of the probationary period directly upon hiring. It turns out that the Labor Code does not prohibit changing the length of the probationary period after concluding an employment contract.

The second stage of establishing a probationary period will be the development of tasks for the probationary period and the conditions under which the employee will be considered to have passed the test. These documents must be handed over (or announced) to the employee against signature. We would like to clarify that both the tasks and the conditions for determining the success of their implementation must be clear, not allowing for ambiguous interpretation and subjectivity.

Further, throughout the entire period of probation, the employer is obliged to monitor the employee’s performance of these tasks and, in case of poor quality or untimely performance, promptly record these facts. To do this, you can use various acts, reports or memos. In these documents, it is necessary to indicate as clearly as possible what specific task was given to the employee, what exactly the failure was, etc. If possible, each such document should be accompanied by the task that was given to the employee and which he failed to complete.

If during the test the employee was given additional tasks, these facts must also be recorded in writing, in memos. The task must contain a clear description of the result to be obtained, deadlines for completion and evaluation criteria. Such tasks must be handed over to the employee against a signature, indicating the date of receipt and that the essence of the task is clear to the employee.

As you can see, a real probationary period requires a rather complex formalization of the relationship between the employee and the employer. Each step must be documented in order to have irrefutable evidence in the future that the employee did not complete the probationary period, and therefore he can be fired.

Dismissal: don't miss the moment

Since we touched on the topic of dismissing an employee who has not completed the probationary period, we will dwell on this in a little more detail. The Labor Code requires that an employer who decides to dismiss an employee who has not completed the probationary period warns him about this in writing no later than three calendar days before the planned dismissal (Article 71 of the Labor Code of the Russian Federation). In this case, it is better to carry out the dismissal itself on the last day of the probationary period. The fact is that, according to the same Article 71 of the Labor Code of the Russian Federation, if an employee continues to work after the end of the probationary period, he is considered to have passed the test (from this, by the way, it follows that successful completion of the test is not necessary to be documented in a separate document).

Therefore, the employer needs to carefully monitor the deadlines and provide the employee with notice at least four working days before the end of the test. It must indicate the reasons why the employee is considered to have failed the test, the documents that support these reasons, and the date of the planned dismissal. This document must be given to the employee against signature, indicating the date of delivery.

Also, do not forget that special rules for calculating its length have been established for the probationary period. Thus, the probationary period does not include periods of temporary incapacity for work of the employee and other times when he was actually absent from work, including for an unexcused reason. In this case, the period itself is calculated in calendar days, that is, taking into account weekends and holidays. This means that it may well end on a non-working day. This also needs to be taken into account if a decision is made to dismiss - the day of dismissal in this case will be the last working day before the end of the probationary period, and all notifications will need to be made in advance.

Finally, do not forget that the dismissal of an employee who has not completed the probationary period is a dismissal at the initiative of the employer. This means that you cannot fire an employee while he is sick or on vacation. Accordingly, these points also need to be taken into account when preparing notices and orders of dismissal.