Probationary period under the labor code, what it is necessary to know to the employee

It should be noted immediately that the trial period forThe labor code can be appointed only to those workers who are employed with the signing of the employment contract. In other cases, the appointment of a probationary period is illegal. In any case, this is what the KZoT says about this.

However, regardless of the typean employment contract is arranged for work, the probationary period may be appointed by the employer under the labor code. According to the provisions of the same Labor Code, this is done so that the employer can verify the qualifications and compliance of the employee he employs with the requirements and conditions of production (job assignment).

However, the appointment of such a verification period isNot an obligatory procedure, and it may not be appointed. In fact, when signing an employment contract between an employee and his employer, all working conditions are specified. Therefore, by law, the trial period under the Labor Code is a kind of mutual agreement between the two parties that conclude the contract.

A few moments about employment withprobation period. When applying for work, the algorithm for filing documents and employing an employee does not depend on whether he is given a probationary period or not. The employee must submit an application to the personnel department, provide a work record card, passport and other necessary documents.

However, when appointing a testhe must be informed and give his consent in writing. Such consent, as a rule, looks like a signature of an employee in the order on appointment to a position (employment). By the way, the very form of the order does not have an arbitrary form, but a form defined by the state.

After the termination of the probationary period for the laborthe employer is obliged to take a decision on the compliance of the employee with the position held. If the employee remains at the enterprise for further work, a separate order is not issued.

If the employee, for whatever reason orrequirements is not suitable for the employer, then a decision is made on his dismissal. But before the officials, the employer must certainly report for what reasons this or that employee does not match. The Labor Code, the probation period, dismissal are concepts that everyone should own. Unfair employers often use all sorts of tricks, especially when signing temporary or seasonal labor contracts. Many, in order to avoid paperwork and bureaucratic red tape because of the dismissal of workers on perpetual employment contracts after a probationary period, prefer to sign contracts of a different type. They are called fixed-term employment contracts. As a rule, they are concluded for a period of up to 3 months, which allows you to dismiss at the expiration of this period of the employee without any further explanation.

Many employees, except for dismissal, may face prolongation of probation. Is it possible to extend the trial period, and how much?

According to the Labor Code, the maximum deadlines fortrial period. For workers this period is one month, for other categories of employees and employees this period may be equal to three months. If the enterprise has a trade union, the trial period can be set to six months. But for this purpose such an employment contract is coordinated with the relevant bodies in the trade union.

Regarding the increase of probation period, the lawthe probation period can not be prolonged after the signing of the contract, either at the request of the employee or on the initiative of the leadership. The only condition that allows for an increase in the probationary period under the labor code is the temporary absence of an employee in the workplace related to disability (or similar valid reasons). In this case, the trial period can be increased by the number of days equal to the time of absence of the employee in the enterprise.