Prohibition of probation
Some workers should not be given the test. They are listed in Art. 70, 207, 289 Labor Code of the Russian Federation:
- pregnant women and mothers with children under one and a half years old,
- fathers without mothers with children under one and a half years old,
- employees under 18 years of age,
— young specialists in the first year after receiving a diploma,
— employees under an employment contract for a period of up to 2 months,
- former trainees with whom they entered into a student agreement.
For testing workers from this list, the labor inspectorate fines them under Art. 5.27 Code of Administrative Offenses of the Russian Federation.
Salary
As practice has shown, an entrepreneur does not have the right to set a lower salary (for example, 60% of the future salary) for the test period. A salary reduction worsens the individual’s position in comparison with the established requirements under the Labor Code of the Russian Federation, and does not ensure that the employee receives a salary of equal value in comparison with other personnel. And this is a direct violation of Part 2 of Art. 9 Labor Code of the Russian Federation.
The requirement applies to both the employee’s salary and bonus. When a person whose rights have been violated goes to court to recover unpaid wages and bonuses, the employer will most likely suffer material losses and pay compensation to the victim.
Probation rules
The probationary period is agreed upon with the employee upon hiring. The rules from Chapter 11 of the Labor Code apply here.
The probationary condition is written into the employment contract - Art. 70 Labor Code of the Russian Federation
When an employee comes to get a job, he is informed about the probationary period. The term is written down in the employment contract. Otherwise, it is considered that the person was taken without verification.
It is better to sign an employment contract with the employee before starting work.
But it happens that the job is on fire, the employee immediately begins his duties, and the documents are completed a little later. This is possible if the employment contract is signed within three days. This is called actual clearance to work. In this case, a separate testing agreement is signed before work begins.
You cannot hire a person without a contract or salary at all, calling it a “probationary period” or “internship.” The labor inspectorate will fine you for this. And the court, upon the employee’s application, will oblige him to be hired permanently.
The salary for the probationary period can be reduced. This condition is also written down in the employment contract. Otherwise, the new employee has the usual rights: sick leave, a safe workplace, and a salary twice a month.
