Dismissal on probation - myth or reality? Does the employer have the right to do so? And how should an employee behave in order not to be fired during the probationary period? Perhaps every employee at least once in his work experience faced similar issues. And of course, every employer thought about it. Let's try to figure out what a probationary period is and in what cases an employee can be fired during the test.

Does the Labor Code provide for a probationary period?

The probationary period is as much a part of the labor process as many other things, therefore, of course, the Labor Code of the Russian Federation stipulates the nuances of the probationary period, its establishment and passage.

1. Article 70 of the Labor Code of the Russian Federation "Probation for employment" regulates the duration of the probationary period, the rights of employees during the probation, as well as restrictions on the establishment of a probationary period.

2. Article 71 of the Labor Code of the Russian Federation "The result of the test when hiring" stipulates mainly the issues of dismissal in the event that the employee has not completed the probationary period, but also affects the issue of successful completion of the test.

What is a trial period?

A probationary period is such a period, agreed with the employee and specified in the employment contract, when the employer finds out whether the qualifications and personal qualities of the employees correspond to the requirements that the employer imposes on his employees in general and for this position in particular.

For his part, the employee during this period can also look closely at the employer, the enterprise and the team and decide whether these conditions suit him.

At the same time, the probationary period from the outside does not differ from the usual labor process - except that dismissal during the probationary period occurs according to a simplified procedure, which makes the probationary period so attractive to many employers.

The probationary period is set only by agreement with the employee. If an employee refuses to pass a probationary period, no one can impose tests on him.

Why is there a probationary period?

The probationary period is in a certain sense beneficial to both the employer and the employee - for both it is an opportunity to look at each other and decide whether everything suits them, before it is too late and it is still relatively easy to back out. After all, dismissal during the probationary period has a simplified procedure for both the employer and the employee.

In addition, during the probationary period, the employee has the opportunity to ask for advice from more experienced employees - although the probationary period is not an internship, when the curator must patronize and support the employee, the employee during the probationary period is still treated more condescendingly. True, on the other hand, during this period they are looking at him intensely, and, perhaps, the employee should not openly demonstrate incompetence and ask too many questions about the work process.

When is a probationary period established?

As a rule, a probationary period is set for newly hired employees - after all, even if such an employee provides a whole bunch of positive letters of recommendation, for some reason he may not be suitable for this particular employer.

A probationary period can also be set for an employee who has already worked for some time in this enterprise, if he applies for a higher position, or a position that requires completely different skills and qualities than those that the employee has demonstrated so far. In this case, it would be risky to immediately accept an employee for a position, no matter how good his track record is, so it would be more appropriate to establish a trial period. Of course, in this case, there is no talk of dismissal during the probationary period - if the employee does not cope with the test, he can simply return to his duties in his previous position.

p> There are also certain categories of workers to whom under the labor legislation in general it is forbidden to establish a trial period. These workers include:

• accepted by transfer under agreement with other managers;
• who have taken a paid position as a result of elections;
• winners of the competition for this position;
• pregnant women;
• women raising a child who is not yet one and a half years old;
• persons under the age of eighteen.

It is also impossible to establish a probationary period for those employees with whom a fixed-term employment contract is signed for a period of two months to six months.

How is the length of the probationary period determined?

The duration, as well as other nuances of the probationary period, for example, the procedure for passing it and remuneration during this period, is established by the head of the enterprise. The procedure for dismissal during the probationary period is also established by the employer, but at the same time it must be based on the norms of labor legislation.

All these nuances must be described in the internal documents of the enterprise, and the employee who is supposed to pass the probationary period must be familiar with these documents.

The usual duration of the probationary period is from one to three months. The employer can set two months, and one and a half, and all three at once - as he wants. The only thing an employer cannot do is set up a second probationary period or extend the first if they cannot decide on the suitability of the employee.

In some cases, the length of the probationary period varies:

• employees with whom a fixed-term employment contract has been signed lasting from two to six months are prohibited from setting a probationary period of more than two weeks;
• employees who have been hired for managerial positions, as well as for the position of chief accountant or his deputy, can be set for a probationary period of six months. At the same time, three months for this category of workers is the minimum probationary period;
• Some employees in civil government positions may be placed on probation for a period of six months to a year.

Of course, dismissal during the probationary period of these categories of employees is possible exactly on the same grounds as other employees on a probationary period.

Can the trial period be extended?

As mentioned above, it is prohibited to extend the probationary period or establish a second one immediately after the first one. But in this case, it was only about the option when the employer, following the results of the probationary period, cannot decide whether to leave the employee at the enterprise or fire him - then the extension of the probationary period is really impossible.

But you need to know and remember that the probationary period includes only those days when the employee was present at the workplace. If, during the test, the employee, for example, took part in military training or was sick - that is, he was actually absent from the workplace, albeit for a good reason - these days are not counted in the probationary period. Therefore, if, under the contract, the probationary period ends, and the employee has “missed” days, an order can be issued to extend the probationary period.

Only in this case is it allowed to extend the probationary period.

End of probation

Since the probationary period is set for a certain duration, sooner or later it must end. At the end of the probationary period, a decision must be made.

Dismissal after probation

If the employee, in the opinion of the employer, has not coped with the probationary period, a dismissal order is issued, and the employee leaves the enterprise. We will discuss this procedure in more detail below.

Successful completion of the probationary period

In the event that the employee has shown himself well during the probationary period, and completely satisfies the employer in all respects, he remains at the enterprise. The procedure in this case is quite simple. When the probationary period ends, the employee simply remains to work, as he worked, no documents are required.

There is one tricky nuance here: if the trial period has ended and the employer has not fired the employee, by default it is considered that the employee successfully completed the test. So if there was an intention to dismiss an employee as having not passed the probationary period, one should not yawn.

Dismissal at the end of the probationary period

When the probation period ends, the enterprise issues an order to dismiss the employee due to the unsatisfactory result of the test. The employee leaves on the same day specified in the order. An appropriate entry is made in the work book, the final settlement is made with the employee, the work book is handed over to him.

At the same time, the employee may ask the employer for clarification on what exactly the test result was unsatisfactory, so it is worth preparing a reasoned response to this request.

Retirement before the end of the probationary period

Of course, in the event that it becomes clear that the employee is not suitable, the employer has the right to dismiss him without waiting for the end of the probationary period - why, if everything is already clear?

In order to dismiss an employee during the probationary period as having shown a poor or unsatisfactory result, the employer must issue a written notice of dismissal to the employee three days before the date of dismissal. After that, the company issued a dismissal order. The order must necessarily contain a reference to Article 71 of the Labor Code - on dismissal due to the fact that the employee failed the test.

In addition, it is advisable to prepare a complete package of documents proving the incompetence of an employee, since the dismissal of an employee during a probationary period, however, as well as dismissal based on the results of a probationary period, can be appealed by the employee in court. Therefore, it is highly desirable to record all the mistakes of the employee in writing: if he was late for work at least for a few minutes - let him write an explanatory note, the fact of being late must be recorded in the act; did not complete the work on time - an act is drawn up, the employee signs that he is familiar with the act, and so on.

Of course, incompetence or violation of labor discipline is much easier to prove than, for example, the lack of communication skills of an employee or his uncleanliness in relation to employees - which can also cause dismissal in some cases - but if you wish, everything is possible. Especially if the team in this matter is on the side of the employer.

Dismissal based on the results of a probationary period, the employer may not coordinate with the trade union committee. In addition, in the event of such a dismissal, the employee is not paid severance pay .

Retirement on probation

A two-week working off, as happens upon dismissal at the initiative of an employee, is not provided for during the probationary period. Regardless of who initiates the dismissal: the employee or the employer. In both cases, if the dismissal occurs in the midst of a probationary period, the working off is only three days. If the dismissal occurs at the end of a predetermined probationary period, working off is not provided at all - the employee is dismissed on the day the probationary period ends.

It is said that an employee can terminate an employment contract with an employer during a probationary period on his own initiative. He can do this if, during the test, he realizes that this job is not suitable for him for a number of reasons.

In order to quit of his own free will during the test period, the employee must notify his boss 3 days before the expected date, and only after that write a letter of resignation.
The presence of a probationary period and its duration must be specified in the employment contract. If such is not concluded until the employee has passed the test, then an additional agreement must be signed, which will subsequently be attached to the employment contract.
A probationary period is assigned to an employee only with his consent.
Therefore, if there are no conditions for a probationary period in the employment contract or an additional agreement is not signed, the employee is considered to be hired without a probationary period. The maximum duration of the test period is 3 months.
If the applicant applies for the position of the head or his deputy, as well as for the position of the chief accountant or his deputy, then the maximum test period is increased by up to six months. The period is reduced to two weeks if a fixed-term employment contract is concluded with the applicant for a period of two months to six months. If the term of the employment contract is less than 2 months, then the employer does not have the right to appoint a probationary period.
The employer does not have the right to extend the period for checking an employee beyond the value specified in the Labor Code of the Russian Federation.
But he has the right to deduct from it those days when the tested employee was on sick leave or was actually absent from the workplace for good reasons. Thus, the probationary period can be delayed for several months.

Dismissal during probation

Dismissal during the probationary period is possible if the employee warns his employer within 3 days.
The employer, in turn, must make a full settlement with the employee and give him his work book in his hands. Also, the employer should not interfere with the dismissal of their own free will .
The employee must be paid:

• wages;
• compensation for unused vacation;
• severance pay. This is not provided for by the Labor Code of the Russian Federation, but may be provided for by an internal local act or a collective agreement.

The employer must do this no later than the date of dismissal. As you can see, dismissal during a trial period of one's own free will is drawn up in the same way as without it.
The employee does not have to notify the employer of the reasons for his dismissal. A simple written notice is sufficient. However, there are some peculiarities here:

• mandatory processing. In a normal situation, it is equal to two weeks. Upon dismissal of one's own free will during the test, this period is reduced to 3 days ;
• if during the test a financially responsible person decides to quit, then he needs to transfer the case to his successor.

Such a right is contrary to the norms of the Labor Code, and therefore must be enshrined in a local act.
However, the Labor Code of the Russian Federation states that if a materially responsible person does not hand over the property entrusted to him, then he will bear personal financial responsibility for it. It is not only about private and commercial companies. Probationary periods are also established at state and municipal enterprises The procedure for dismissal of one's own free will during the inspection is the same for both public and private enterprises .

Often there are such situations that a person, having just got a job on a trial period, wants to quit after a short time. There can be many reasons for such a cardinal decision, but often people postpone their departure due to moral inconvenience in front of their superiors.

Nevertheless, labor legislation provides for such cases, so there is no reason to endure unacceptable conditions for oneself.

Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.

If you want to know how to solve your particular problem, please contact the online consultant on the right or call the free consultation :

Can I quit on probation?

The legislation provides for many situations that allow employees of organizations to coordinate their further actions.

Such dismissal is regulated by Articles 70 and 71 of the Labor Code of the Russian Federation, that is, the law allows for leaving work during the “legal testing” of an employee for professional suitability.

At the same time, it is not necessary for the employee to explain in detail the reasons for his departure, since this is his legal right, which cannot be limited by the employer.

Many organizations hire employees exclusively for a trial period, which, on general grounds, should not exceed 3 months . This is an official period that is not extended by the authorities on their own initiative.

However, the probationary period is automatically extended in the following situations:

• time off;
• the period of being on sick leave;
• any other absence from the workplace.

An exception to the terms are positions of the highest rank (chiefs, managers, chief specialists, accountants). Such applicants can work in a similar mode for up to 6 months.

It must be written in the employment contract that the employee is enlisted on the basis of a probationary period , the period of which is also specified in detail in the agreement.

It is necessary that this phrase is accurately indicated in the text contract, otherwise the employee is considered accepted for the position without any preliminary checks. In this case, the dismissal will take place on a general basis in accordance with Art. 80 of the Labor Code of the Russian Federation.

Alternatively, the authorities may conclude an additional agreement , which certifies the fact that the employee has been hired according to the probationary period. Such an agreement is an annex to the employment contract and has identical legal force.

It follows that the probationary period cannot be agreed between the parties only "in words" without indicating this in official documents. Otherwise, it is legally invalid, and Articles 70-71 of the Labor Code of the Russian Federation do not apply in oral agreements. In any situation, it is necessary to carefully read the employment contract and other agreements so that there are no disagreements and misunderstandings.

A fixed-term employment contract concluded for a period of 2 months to six months does not imply a trial period , so this will not be a legitimate method of checking the employee's professional suitability, since his term of employment will still quickly come to an end.

The probationary period is also not established in relation to the following categories of persons:

• pregnant women;
• minors;
• women with children under 1.5 years old;
• graduates of universities and schools who first got a job in their specialty;
• employees who took office in the order of transfer;
• persons who have passed a special competition or selection.

This is regulated by Art. 70 of the Labor Code of the Russian Federation, which limits any arbitrariness on the part of employers, therefore, the authorities need to be reminded of this in case of violations.

The need for training and how to avoid it?

Dismissal on own initiative after passing the test

The probationary period is usually specified in the employment contract or in an additional agreement.

You should also pay attention to the number of days off the employee, since his absence from the workplace, even for good reasons, is not included in the probationary period. In this case, constant illness only prolongs its course .

When the probationary period is fully completed, the employee may resign of his own free will in accordance with Article 80 of the Labor Code of the Russian Federation. The employer should in no way interfere with his decision, and the employee is not obliged to justify his dismissal .

An application is made in the name of the boss in an absolutely identical way, but in this case the employee will already have to work officially for 2 weeks, so the date in the application will be set accordingly.

You can agree on other terms personally with your superiors or not work out the remaining days at all if there are good reasons (retirement, illness, departure to another country).

A sample letter of resignation on your own after passing the probationary period can be downloaded from the link.

After the dismissal, the employee must be given a work book, as well as make all the calculations with him, which are absolutely the same as in the case of dismissal during a probationary period. Wages are calculated according to the days actually worked, and in some cases, the payment of the 13th salary is also possible.

Summing up, it must be said that dismissal during a trial period is a real right and opportunity for an employee . To some extent, this is beneficial for employees, since it takes very little to work out the remaining days.

In this case, it is necessary to sensibly evaluate the situation at work and other important factors. There is no reason to endure inconvenience in the workplace.

In the video below, it is described in detail about the dismissal of one's own free will, drawing up an application and other aspects of this issue:

Hello! When a new employee passes a probationary period, it may happen that the result of the passage of the employer is not satisfied. What entails dismissal. In the article, we will consider the entire procedure for dismissal during the probationary period, with explanations for both the employee and the employer.

The essence of probation

A probationary period is a certain period of time when an employer can evaluate the skills and professionalism of a potential employee. During this time, the employee analyzes whether everything suits him in this work, whether he wants to engage in this activity on an ongoing basis.

Its duration can be different in time: but no more than 3 months for ordinary employees and specialists, no more than 6 months for directors and senior managers.

Is there always a trial period?

Whether a new employee will be tested or not is decided, first of all, by the employer. The law in this case gives only recommendations, not strict requirements.

You can simply conduct an interview and hire a person based only on him, although the probationary period will allow the new employee to prove himself and show everything that he knows and can do.

Persons who are not eligible for the test

The Labor Code limits the appointment of tests for certain groups of persons.

This list includes:

• Graduated from the university and getting a job in the specialty for the first time;
• minors;
• Employees working under a short-term contract (no more than 2 months).

When is the probationary period completed?

If a potential employee has demonstrated a willingness to solve the tasks assigned to him, he makes every effort to quickly fulfill his duties, while the established test period ends, and the employee continues his activities, the test is considered passed.

Dismissal on probation at the initiative of the employer

If the results of the employee's activities are negative, and the indicators are low, or the new employee takes part in conflicts (initiates them), then the question arises of terminating the employment contract with such an employee.

In this situation, it is important to follow the entire procedure. There is nothing complicated in it, but some nuances should be taken into account:

• The employee is sent a written notice stating the reasons for the dismissal. They must be supported by documents (complaints, acts, etc.). This is done 3 days before the planned date of dismissal;
• Obtain the signature of the employee on receipt of the notification, or his written refusal to sign (an act is drawn up in the presence of two witnesses);
• Draw up an appropriate order;
• Make the stipulated payments for the hours worked;
• Record the dismissal in the work book;
• Issue the book to the dismissed employee against signature.

There are many reasons for dismissal during the probationary period. They were mentioned above, but this list can also include absenteeism or drunken state of the employee during working hours.

Dismissal at the initiative of the employee

A situation may arise when the employee himself decides to terminate the employment contract at the probationary stage.

There are many reasons for this, among them:

• Various personal circumstances;
• The employee realized that this job did not suit him according to various criteria;
• Getting a more interesting job offer and so on.

But before the moment of dismissal, the employee notifies the employer of his decision. This is usually done in writing, with the signature and initials of the employee, that is, it is written.

The application can indicate the expected date of dismissal in order to avoid ambiguous interpretation. As for the reason for dismissal, it is not necessary to include it in the application.

Voluntary dismissal process

A certain procedure must be followed, namely:

• The application must be submitted to the company's personnel department, while making a copy of the application for yourself, on which you need to put down the registration number and the date of acceptance;
• The manager approves the document and sends it back to the personnel department to prepare the corresponding order;
• The accounting department makes accruals to calculate the employee;
• On the day of dismissal, the employee is given all documents and a cash settlement.

If on the day of dismissal the employee did not receive the necessary documents , then the employer must notify him of the receipt of the documentation and calculation.

Retirement on probation

In this case, the processing time is quite small - 3 days. The countdown starts from the day the employer received the employee's application. During this period, the employee must transfer all current affairs.

Dismissal is possible without working off, if the head does not object.

When is it realistic to quit without working off?

• As already mentioned, in the absence of objections from the employer;
• The date of dismissal was not stated in the application;
• There is a good reason for this: for example, a change of residence.

Entry in the workbook

The dismissal of an employee is carried out on the basis of the order of the head, with reference to Article 77 of the Labor Code of the Russian Federation.

On the last working day, the work is handed over to the dismissed employee in person against signature.

How to undo your decision

Until the moment the documents for dismissal are ready and the employee signs them, the application can be withdrawn and work can continue. There is only one exception in this situation - if a new employee is invited to the place that should be vacated by written notification.

Analysis of court practice

The dismissal of an employee who has not passed the probationary period, if the procedure is not followed, is possible by applying to the court.

a small analysis of typical situations and judicial practice below.

Often, the establishment of a probationary period is considered a formal procedure, but this is not a guarantee that an employee can be fired without complying with the law. Even if he is unsuitable, all documents confirming this must be collected.

In any case, the employer is obliged to prove that the person was fired absolutely legally , and the courts prefer to work with written evidence. But experts recommend stocking up with a few more witnesses to the employee’s dishonesty.

The situation with preferential categories of citizens is also quite difficult. Here is an example: A woman is fired from a well-known company due to the fact that she did not pass her probationary period. Considering the dismissal illegal, she decided to go to court.

At the same time, she explained that at the time of dismissal she was pregnant, which the employer knew about. The Court of First Instance recognized the plaintiff's claims as legitimate. The employer, in turn, explained that he was not aware of the employee's pregnancy and, claiming the opposite, she was lying.

As a result, based on the results of the consideration of the case, the court came to the following conclusions:

• The dismissal is illegal;
• The employee must be reinstated.

Important information: unacceptable, even if the employer did not know about her condition.

Maternity leave on probation

Refusal of registration, even if the employee is on probation, is completely illegal. The Labor Code directly points to this. In addition, the woman is entitled to all payments in full.

Dismissal on probation of an employee of retirement age

You can dismiss such an employee on the same grounds as other categories of employees. However, age is not grounds for dismissal.

Sick leave of an employee on probation

If an employee, while on probation, falls ill, he has the legal right to issue a sick leave. It is impossible to dismiss an employee during this period of time, even if further cooperation is not planned.

Important information : The dismissal of a sick employee is a direct violation of the Labor Law.

What should an employee pay attention to?

If you completely disagree with the dismissal, you need to take the following steps:

• Negotiate with the employer, arguing your arguments with those articles of the Labor Code that are violated by dismissing the employee. It is possible that after that you will be reinstated;
• Having motivated your complaint, contact the labor inspectorate in your region;
• Draw up an appeal to the judiciary.

Important information: If the case still comes to court proceedings, remember that if the dismissal is declared illegal, in addition to reinstatement, you can claim compensation for moral damage and a penalty for forced absenteeism.

When an employer decides to terminate an employee due to the fact that he passed the probationary period unsatisfactorily, it is worth considering not to include such an interpretation of dismissal in the work book. Still, this can have a negative impact on a person’s future career, on his future.

Often, dismissal on such grounds simply forces the employee to enter into open conflict with the manager. Especially if a person does not mind quitting, the wording itself is important. Trying to resolve such a situation, the company often bears not only financial, but also legal costs.

It is much more profitable to part with a person on a positive note, both for him and for the company, whose reputation is at risk due to litigation.

Can they be fired on probation , they are usually interested in those who get a job with the condition of passing the test. Our material will tell you what the law says about dismissal on probation and what its reasons may be.

What does the Labor Code of the Russian Federation say about the possibility of dismissal on probation

The Labor Code of the Russian Federation gives the employer the right to arrange a test for an employee when applying for a job, determines the procedure for passing it, the maximum terms, as well as the conditions under which the employment contract with the employee is terminated during this period. To the question of whether it is possible to dismiss on probation, Art. 71 of the Labor Code of the Russian Federation gives an unambiguously positive answer, at the same time determining the circumstances under which the test is considered passed.

In addition, determining the conditions for the dismissal of employees based on test results, the Labor Code of the Russian Federation in Art. 70 indicates the circle of persons for whom the test is not established at all, that is, their dismissal on grounds related to the results of the probationary period is simply impossible.

Why you can be fired on probation (the main reasons for dismissal)

Grounds for dismissal on probation 2:

1. The desire of the employee.
2. The decision of the management in the presence of objective reasons.

As for the employee's initiative, in this case the Labor Code of the Russian Federation is limited to the wording that the employee has the right to quit if he considers the job unsuitable. At the same time, he is not obliged to inform the employer about the specific reasons that prompted him to refuse further cooperation.

The employer, who decided to terminate the employment contract on the grounds provided for in Art. 71 of the Labor Code of the Russian Federation, on the contrary, is obliged to inform the employee in writing about the reasons for which such a decision was made. This rule was introduced into the Labor Code in connection with the increasing cases of abuse by employers of their right to dismiss during the test.

The reason for termination of the employment contract may be a disciplinary violation. To do this, it must be recorded in the presence of witnesses and described in the relevant act. Moreover, the guilt of this particular employee must be proven. Written explanations of the employee on this matter are also required.

In addition to the above, employees on probation may also be dismissed on the grounds provided for in Art. 81 of the Labor Code of the Russian Federation:

• upon liquidation of the organization;
• change of the owner of the enterprise and refusal of the employee in connection with this to continue working;
• unwillingness of the employee to change his place of residence in connection with the change of address of the organization;
• layoffs, etc.

Also, the employee on probation is dismissed if he is not satisfied with the change in the terms of the employment contract.

How to fire an employee on probation

The process of dismissal of an employee directly depends on whose initiative the employment contract is terminated.

Don't know your rights?

If the employee realized that the job did not suit him for any reason and decided to quit, Art. 71 of the Labor Code gives him such a right. At any time before the expiration of the probationary period, the employee can write a letter of resignation and, after 3 days of working off, terminate the employment relationship with the employer. Registration will take place in the same order as upon dismissal of one's own free will:

1. An application is written and the manager is informed of the intention to terminate the employment contract.
2. 3 days are processed.
3. A dismissal order is being issued.
4. A work book is issued, settlement payments are made. Other documents relating to the employee's work activity (upon his written request) should also be issued: copies of orders for appointment, dismissal, etc.

Normative acts do not define a sample of an employee's letter of resignation during a probationary period, therefore it is left in free form.

The situation with dismissal by decision of the employer is somewhat more complicated. The latter must not only inform the employee about the dismissal at least 3 days in advance, but also indicate in writing the reasons that prompted such a decision. These can be complaints from clients, colleagues, acts of fixing disciplinary violations, written characteristics of the immediate supervisor of the employee, documents confirming insufficient qualifications. All of these documents can act as evidence of the legitimacy of the employer's position if the employee subsequently decides to appeal his dismissal. Then a dismissal order is issued, settlement payments and a work book are issued.

IMPORTANT! The law does not oblige the employer to pay severance pay to employees dismissed under Art. 71, and inform trade union bodies. Moreover, Part 2 of Art. 71 of the Labor Code directly indicates that in case of unsatisfactory test results, dismissal is made without payment of benefits and taking into account the opinion of the trade union.

Who can't be fired on probation

In part 4 of Art. 70 of the Labor Code of the Russian Federation defines categories of workers for whom the test is not established:

• working under a fixed-term contract lasting 2 months or less;
• transferred between organizations by agreement of managers;
• holding a paid elective office;
• minors;
• mothers of children under one and a half years of age;
• pregnant women;
• received a position by competition;
• first time employed after receiving higher or secondary vocational education in programs that have state accreditation (young professionals).

Note: The last benefit is valid for 1 year from the date of graduation.

At the same time, part 5 of the same norm establishes the duration of the test. As a general rule, it cannot last more than 3 months. An exception, according to which the maximum period is increased to six months, is made:

• for heads of organizations;
• deputy head of the organization;
• chief accountants;
• deputy chief accountants;
• department heads of organizations.

This measure is associated with the increased responsibility of such employees, their role in the management of the enterprise and its activities, as well as the inability to assess the effectiveness of their work in a short time.

For persons working under a fixed-term contract for a period of 2 months to six months, the maximum duration of the test is 2 weeks (part 6 of article 70 of the Labor Code). If the employee was not informed of the dismissal based on the results of the test during this period, he is considered to have passed the test - and therefore cannot be fired due to the unsatisfactory results of his results.

About the probationary period

It is impossible not to mention such an important point as the correctness of the execution of the condition on the probationary period. The Labor Code obliges to prescribe it directly in the employment contract. This is also confirmed by the letter of Rostrud No. 642-6-1 dated 11.03.2010. Upon employment, the employee is required to read, sign and receive a copy of the employment contract, which contains these provisions.

Often, the employer makes a test condition only in the order for employment, but this is not enough. In this case, the employee is considered accepted without a probationary period, therefore it will not be possible to dismiss him based on the results of the test, just as he himself does not have the right to quit in accordance with Art. 71.

Thus, the dismissal of an employee is possible at any time of the probationary period, but only if there are grounds for this and their clear fixation.