The procedure for testing upon hiring. Regulations on the procedure for employees to undergo testing upon hiring. work Regulations on passing the probationary period of Gazprom

The probationary period serves to check out the new person in real work conditions. In order not to waste time, you should make work plan for a trial period (the correct wording is a trial period), appoint a supervisor who will monitor the employee and give him advice. In order not to forget about some important details, organizations are developing special local documents - regulations on the procedure for completing the probationary period.

What is the probationary period provision?

If an organization has existed for several years and its leader often hires staff with the condition of passing a probationary period, then a certain situation inevitably develops. algorithm for testing knowledge and skills new employees.

This algorithm is best documented in regulations on the procedure for passing the probationary period.

How to get?

When going through this stage of employment, nothing supernatural is required from the employee - only solve problems conscientiously, which the leader sets before him. This will allow you to make an adequate decision.

In order to obtain comprehensive information about a new employee, a plan should be developed for the entire inspection period.

Planning

The plan for the probationary period is a document consisting of several thematic blocks. Each block includes several questions:

Task for the employee.
Time to complete it (days or number of hours).
Expected Result.
Actual result.
Curator's comment.

A plan is being drawn up individually for each employee. Most often such a document developed by an experienced employee, which accurately represents the difficulties encountered when performing certain tasks. Involving your immediate superior in developing the plan will bring a lot of benefit.

A plan is needed so that the probationary period is not just a period of human adaptation in a new team. A quality plan will show whether the hired worker is capable of quickly and efficiently fulfill your duties. And the employee himself will also understand whether he should remain in this position or better find a new place.

The more thoughtful this plan is, the more benefit the probationary period will bring, both for management and for the employee himself.

Proficiency testing tasks

The tasks that are set for the employee during the probationary period are: must clearly correspond to his responsibilities provided for in the job description.

You should not use the test as a tool to “squeeze” a newbie - it is not only illegal, but also unethical.

You should also give such tasks, the result of which can be objectively assessed.

For example, conclude contracts for the supply of products for a total amount of 300,000 rubles. The task is considered completed if advance payment has been received for transactions in accordance with the terms of the contracts.

Adaptation

Adaptation to a new job is a very important point. It is obvious that each team develops a certain style of informal communication, its own rhythm of work and interaction system. To a new person, especially aged, it can be difficult to fit in into an already established team, although he meets all the qualification requirements for his position.

Very important assign a curator to the new employee for the entire duration of the probationary period. It is clear that everyone has their own responsibilities and it is unlikely that the manager will pay for someone’s efforts spent on introducing a newcomer to the business.

But still You shouldn't just leave someone you've hired in the thick of things without any support.

Formally, the probationary period serves checking the compliance of the employee’s knowledge and skills his duties. But very rarely does a situation arise when an insufficiently qualified employee goes through all the previous stages of selection and is hired without a sufficient level of training.

During the probationary period, attention is paid to the fact that How does a person cope with stress?, with unexpected problems that are beyond its scope. His loyalty to the company is tested: is he ready? work extra, if this is required, can search on your own the necessary information, without the help of a curator, and so on.

Successful completion

The period of work under consideration ends with the onset of one of three events:

The parties are satisfied and there is no need to continue working in test mode.
One of the parties decided to terminate the employment contract.
The verification period has expired and no one has expressed a desire to terminate the employment relationship.

Certification

The ideal way to complete the test is carrying out certification. Such an event is carried out in accordance with the certification regulations in force in the organization. Consequently, the new employee will undergo exactly the same check of suitability for the position held, what his colleagues are going through, who have been working in the organization for a long time.

When does the probationary period end?

The stage of checking the employee’s qualifications ends after the expiration of the time period for which it was established. If both the employer and the employee are satisfied with everything, then the verification stage can be reduced by agreement of the parties.

Test results

Results of work during the probationary period almost always positive. No one will wait for the preparation of the final report and characteristics of the employee in order to terminate the employment relationship with him. By the end of the first month dynamics will be visible: either the employee copes and improves his results, or he “fails.”

If the employee has not completed the probationary period, the employer should save test report and employee characteristics. allows the employee to appeal such dismissal in court. Such proceedings will require objective data that the employee really failed to do his job.

Probation period report

The report is the most important document, compiled based on the results of the employee’s work in test mode.

It reflects a person’s ability to perform their job duties.

The report is compiled by the curator to whom the newcomer was assigned.

Document is planned, which was accepted for employee testing.

The report must reflect how the employee coped with tasks what mistakes he made and how he corrected them. It is possible to use a scoring scale for a more objective assessment.

The report must be prepared no later than 2 weeks before the end the period of testing the employee’s competence.

(on behalf of the curator), as well as (self-analysis sheet).

Characteristics of the employee after the verification period

The employee's profile should reflect all his business qualities, ability to work in a team, and so on.

This document is drawn up by the newcomer’s immediate superior and attached to a previously compiled report.

Conclusion on passing the probationary period

The conclusion is drawn up based on report and characteristics employee. This document is developed by a recruiter, or one of the qualified colleagues of the new employee who works in a similar position. The conclusion is actually summarizes all the results of work new employee during the test, so that it would be easier for the head of the organization make a reasoned decision regarding further cooperation with the newcomer.

Actions of the employer upon completion of the tests

You can often hear or read the question: “after the probationary period, how is the employee registered?” As already mentioned, the probationary period can end by two events: the time period expires or one party decides to terminate the employment contract.

After the expiration of the probationary period, no special actions are required from the employer if the employee has passed the preliminary test - it has already been formalized in accordance with the Labor Code of the Russian Federation.

An order to end the probationary period must be issued only in one case– the stage in question ends earlier than provided for in the employment contract.

If the probationary period has ended and the employee has not been dismissed, then, according to Article 71 of the Labor Code of the Russian Federation, it is considered that he meets all the requirements of the employer.

The probationary period serves not only to test the qualifications of the new employee, but also for its adaptation in the team, as well as to learn new skills necessary for future work. Nevertheless, don't use this period only in order to pay the new employee a smaller salary.

Useful video

An interesting video with additional information about the conditions for completing the probationary period - we recommend watching it.

I approve _____________________________________ (name of the position of the head of the institution, enterprise) ____________________________________ (full name, signature) "___" ___________________ _______

Regulations on the procedure for passing the test when applying for a job

1. General Provisions

1.1. The purpose of the hiring test is to check the employee’s suitability for the job assigned to him.

1.2. The probationary period is established by agreement of the parties and cannot exceed three months. For the heads of the organization and their deputies, chief accountants and their deputies, heads of branches, representative offices or other separate structural divisions of the organization, the probationary period cannot exceed six months. When concluding an employment contract for a period of two to six months, the trial cannot exceed two weeks (Article 70 of the Labor Code of the Russian Federation).

1.3. The duration of the probationary period is indicated in the employment order and in the employment contract. The absence of a probationary clause in the employment contract means that the employee was hired without testing (Article 70 of the Labor Code of the Russian Federation).

1.4. The period of temporary disability and other periods when the employee was absent from work for a valid reason (Article 70 of the Labor Code of the Russian Federation) are not included in the probationary period.

2. Test procedure

2.1. The head of the department where the new employee works appoints a supervisor (an employee of the department who has worked at the enterprise for at least one year), who introduces the new employee to the peculiarities of working in this workplace.

2.2. Within a week after hiring, the immediate supervisor, together with the newly hired employee, draw up a work plan for the duration of the test; the plan includes the name of the work, the deadline for its completion and the specific result that the employee must achieve. If it is impossible to draw up a work plan for the entire test period, it is allowed to develop plans for a shorter period - a week, a month.

2.3. The work plan of the newly hired employee is approved by the immediate supervisor, agreed upon with the head of the HR department and signed by the employee, after which it is transferred to the HR department.

2.4. If the work plan is drawn up for a week or a month, the employee is obliged, on the last day of the specified period, to submit to the immediate supervisor a written report on the work done, indicating the results achieved and (or) the reasons for non-fulfillment of the established work plan (failure to achieve the set goals). If the work plan is established for the entire probationary period, the employee submits a report on the work done no later than two weeks before the end of the probationary period. The immediate supervisor has the right to demand the submission of a report earlier than the deadlines established by this paragraph.

2.5. Two weeks before the end of the probationary period, the immediate supervisor and the employee discuss the compliance of the set goals (work plan) with the specific results achieved.

2.6. The immediate supervisor writes an analytical note on the results achieved by the employee during the test period, gives a conclusion “passed the test” or “failed the test”, presents recommendations on possible advanced training, and enrollment of the employee in the personnel reserve.

2.7. The conclusion on completion of the probationary period and recommendations are received by the head of the personnel service no later than a week before the end of the employee’s probation.

3. Test result

3.1. If the test result is unsatisfactory, the employer has the right to terminate the employment contract with the employee before the expiration of the test period by warning him in writing no later than three days in advance, indicating the reasons that served as the basis for recognizing this employee as having failed the test. An employee is dismissed with payment for the time actually worked and with the wording “due to unsatisfactory test results” (Article 71 of the Labor Code of the Russian Federation).

3.2. If during the probationary period the employee comes to the conclusion that the job offered to him is not suitable for him, he has the right to terminate the employment contract at his own request by notifying the employer in writing three days in advance (Article 71 of the Labor Code of the Russian Federation).

3.3. If the test period has expired and the employee continues to work, he is considered to have passed the test. Subsequent termination of an employment contract is allowed only on a general basis (Article 71 of the Labor Code of the Russian Federation).

Head of HR Department: _____________/ ________________

Source - "Human Resources Department of a Budgetary Institution", 2010, No. 4

What is a probationary period

The time required by the employer to find out whether he is hiring the right person or not is designated as a probationary period. Nowadays no one needs workers who are unqualified, because for the main goal of commerce - profitability, it is necessary for the entire team to work for this goal, without delays or punctures.

The probationary period under the Labor Code is a legal test of a new recruit. Article 70 officially regulates such verification and at the same time establishes the rules:

a new recruit with a test is the same employee, therefore, must obey all rules and requirements that apply to the entire team;
trial period – maximum 3 months(and for senior positions and their deputies – six months);
You cannot test: those accepted by competition, pregnant women and mothers of children under 1.5 years old, yesterday's students transferred from another company, conscripts;
the test is always prescribed in the employment contract or agreement.

Attention!

Nuance: The probationary period does not include the period of illness!

Employment contract with probationary period

In the contract with a newly arrived employee, it is necessary to include a condition for verification. If there is no such condition, consider that the test has not been scheduled and the employee has been hired permanently.

Attention!

However Article 70 of the Labor Code contains a clause : if an employment contract has not yet been concluded, the probationary period will still be legal if there is at least some written evidence that such a condition was agreed upon during employment.

This may be an agreement between the director and the applicant on employment with a trial period, or perhaps in the application for employment the applicant wrote that he agrees to a probationary period. Based on this, when drawing up a contract, you have the right to include a test clause in it.

Is it possible not to hire an applicant who refuses the test?

If, during employment, the applicant is against the probationary period, the personnel officer must know that he has the right not to hire him at all. And it will be legal.

Arguments for refusal such:

testing is one of the terms of the contract;
a contract is an agreement with the terms and conditions of work;
employment of a specific person is the employer’s right, not an obligation (Resolution No. 2 of March 17, 2004);
refusal of employment due to disagreement with the terms of the contract is acceptable (Article 64 of the Labor Code).

What is the Test Clause

The regulation is an internal law of the company, mandatory for execution throughout its territory.. If a recruit has not completed his probationary period at work, he can be fired at any time. Wherein Article 71 of the Labor Code requires that the employee be given a paper with the reasons for dismissal. This document could easily be the basis for a lawsuit in court.

And in the Regulations it is possible to list all the reasons that can serve as grounds for dismissal under Article 71. If an employee is fired for a reason that is stated in the Regulations, the judge has no reason to declare the dismissal illegal, because the LNA is a law that no one has the right to violate. And the judge has no right to change it.

Attention!

Illegal LNA can be recognized only if they worsen the employee’s position in relation to the Labor Code.

For example, according to the code, the director is obliged to give notice of dismissal 3 days in advance, and you do not have the right to set a shorter period in the Regulations. Larger is possible.

The regulations must specify the procedure for completing the test.- both during employment and dismissal.

Components of the Regulations

Like any other normative act, the Regulation is divided into parts:

general provisions;
main part;
applications.

The first part lists the goals of the document - on the basis of which it was developed and what tasks it should regulate.

The main part includes articles:

on establishing the test;
about the procedure for passing the test;
about dismissal.

You can include the reasons for dismissal during the probationary period in the main part, For example:

single violation of PVTR;
violation of safety regulations;
being late;
inciting conflict, etc.

Applications can be:

employee characteristics;
evaluation paper;
task plan and the result of its implementation.

We can offer you, but keep in mind that it is typical. You can take it as a basis and adapt it for yourself.

Do not forget to coordinate the developed Probationary Period Regulations with a lawyer and approve them by order of the director. It also needs to be included in the nomenclature. And of course, Don’t forget to introduce the test to all those accepted!

Attention!

Important: the test procedure described in the Regulations, You are required to perform strictly, including using all applications. If the order is not followed, you will not be able to dismiss the subject under Article 71.

I APPROVED
CEO
OOO "_________________"

_______________________

"____" ________ 201__

Provision on probationary period when hiring

1. GENERAL PROVISIONS
1.1. The purpose of the hiring test is to check the employee’s compliance with the activities assigned to him directly in the work environment.
1.2. The trial period cannot exceed three months.
1.3. The duration of the probationary period is indicated in the employment order and in the employment contract. Absence in probation conditions mean that the employee is accepted without testing (Article 70 of the Labor Code of the Russian Federation).
1.4. The period of temporary disability and other periods when the employee was absent from work for a valid reason (Article 70 of the Labor Code of the Russian Federation) are not included in the probationary period.

2. PROCEDURE FOR PASSING THE TEST
2.1. When applying for a job, an employee of the HR department introduces the new employee, against signature, to internal regulatory documents.
2.2. Within two days from the date of enrollment of the employee, the Company’s HR department develops an adaptation program for the employee and no later than three days after enrollment introduces the employee to the program against signature.
2.3. Within a month from the date the employee is hired, the HR department organizes mandatory initial training for him for a period of no more than 3 days (course of lectures).
2.4. The immediate supervisor introduces the new employee to the probationary period regulations of the unit and the corresponding job description.
2.5. The employee signs the job description: the signature certifies that the employee has read the job description, agrees and is ready to perform the listed functional duties.
2.6. The job description signed by the employee is transferred to the HR department and filed in a special folder.
2.7. The immediate manager appoints a supervisor (a department employee who has worked at the enterprise for at least 1 year), who introduces the new employee to corporate standards.
2.8. The immediate supervisor, together with the newly hired employee (during the first week after enrollment), draw up a work plan for the duration of the test; the plan includes the name of the work, the deadline for its completion and the specific result that the employee must achieve.
2.9. The work plan of the newly hired employee is approved by the manager, agreed upon by the head of the HR department and signed by the employee, after which it is transferred to the HR department.
2.10. Two weeks before the end of the probationary period, the manager and employee discuss the compliance of the set goals (work plan) with the specific results achieved.
2.11. The immediate supervisor writes an analytical note about the results achieved by the employee during the test period and gives a conclusion “passed the test” or “failed the test.”
2.12. The conclusion on completion of the probationary period and recommendations are received by the head of the personnel service no later than a week before the end of the employee’s probation.

3. TEST RESULT
3.1. If the test result is unsatisfactory, the employee is dismissed with payment for the time actually worked and with the wording “as someone who failed the test” (Article 71 of the Labor Code of the Russian Federation).
3.2. If during the probationary period the employee comes to the conclusion that the job offered to him is not suitable for him, then he has the right to terminate the employment contract at his own request by notifying the employer in writing three days in advance (Article 71 of the Labor Code of the Russian Federation).
3.3. If the test period has expired and the employee continues to work, he is considered to have passed the test. Subsequent termination of an employment contract is allowed only on a general basis (Article 71 of the Labor Code of the Russian Federation).

The completion of the probationary period is stipulated in the employment contract by agreement of the parties. The absence of a test clause in the employment contract means that the employee was hired without a test (Article 70 of the Labor Code of the Russian Federation). In the event that an employee is actually allowed to work without drawing up an employment contract (part two of Article 67 of this Code), the probationary clause can be included in the employment contract only if the parties formalized it in the form of a separate agreement before the start of work.

During the probationary period, the employee is subject to the provisions of labor legislation and other regulatory legal acts containing labor law norms, collective agreements, agreements, and local regulations.

A hiring test is not established for:

persons elected through a competition to fill the relevant position, conducted in the manner established by labor legislation and other regulatory legal acts containing labor law norms;
pregnant women and women with children under the age of one and a half years;
persons under the age of eighteen;
persons who have received secondary vocational education or higher education in state-accredited educational programs and are entering work for the first time in the acquired specialty within one year from the date of receiving vocational education at the appropriate level;
persons elected to elective positions for paid work;
persons invited to work by way of transfer from another employer as agreed between employers;
persons concluding an employment contract for a period of up to two months;
other persons in cases provided for by this Code, other federal laws, and a collective agreement.

The probationary period cannot exceed three months, and for heads of organizations and their deputies, chief accountants and their deputies, heads of branches, representative offices or other separate structural divisions of organizations - six months, unless otherwise established by federal law.

When concluding an employment contract for a period of two to six months, the probationary period cannot exceed two weeks. The period of temporary incapacity for work and other periods when the employee was actually absent from work are not included in the probationary period.

Features of appointment and probationary period

A probationary period can be established only with mutual consent of the parties. Its presence and duration must be reflected in the employment contract, as well as in the order for hiring the employee. Accordingly, the employment contract must be concluded before the start of the probationary period. If this fact is not reflected in the employment contract signed with the employee, then he is considered accepted into the organization without a probationary period. This means that he can be fired in the future only on general grounds.

The employment contract must clearly indicate the length of the probationary period. The absence of appropriate instructions will invalidate the test condition. In this case, the beginning of the test must coincide with the beginning of the work. It is not allowed to indicate a different period at the employer’s choice. It is also not allowed to extend the test period originally agreed upon.

An employment contract cannot include a condition for dismissal at the employer’s discretion: this is contrary to the law. It is possible to terminate the contract only on the basis of the employee’s inadequacy for the position in which he works (clause 3 of Article 81 of the Labor Code of the Russian Federation). Therefore, in order to fire an employee in accordance with this article, you need to collect official reviews of his work and conduct his certification.

The test is established only for hired employees. Transfer to a higher position does not require a probationary period.

The entire period of the probationary period is included in the length of service, which gives the right to annual basic paid leave. Therefore, when an employee is dismissed during the probationary period, the employee is paid compensation for unused vacation in proportion to the time worked in the organization.

During the probationary period, the employee is subject to all provisions of federal laws, other regulatory legal acts, local acts, as well as collective agreements and contracts, provided that they contain labor law norms, including norms and guarantees regarding the grounds for dismissal on the initiative employer. For example, if an employee hired on a probationary period is subject to dismissal due to a reduction in the number or staff of employees with payment of severance pay and two months’ notice, or due to a disciplinary sanction, the dismissal must be carried out in accordance with the relevant articles of the Labor Code of the Russian Federation.

The new employee should be familiarized with his tasks and criteria for summing up the results of the test. The employer can do this by approving the Regulations on the procedure for completing the probationary period. It should include the duration of the term, a description of the employee's direct responsibilities, as well as the employee's work plan. The new employee must be given a clear understanding of the results he is expected to achieve and how the final decision on his employment will be made. He must be assigned a personal curator (mentor), who can also be specified in the Regulations.

Sample provision on probationary period when hiring

1. General Provisions.

1.1. The purpose of the hiring test is to check the employee’s compliance with the activities assigned to him directly in the work environment.

1.2. The trial period cannot exceed three months.

1.3. The duration of the probationary period is indicated in the employment order and in the employment contract. The absence of a probationary clause in an employment contract with an employee means that the employee was hired without testing (Article 70 of the Labor Code of the Russian Federation).

2. Test procedure.

2.1. When applying for a job, an employee of the HR department introduces the new employee, against signature, to internal regulatory documents.

2.2. Within two days from the date of enrollment of the employee, the Company’s HR department develops an adaptation program for the employee and no later than three days after enrollment introduces the employee to the program against signature.

2.3. Within a month from the date the employee is hired, the HR department organizes mandatory initial training for him for a period of no more than 3 days (course of lectures).

2.4. The immediate supervisor introduces the new employee to the probationary period provisions and the corresponding job description.

2.5. The employee signs the job description: the signature certifies that the employee has read the job description, agrees and is ready to perform the listed functional duties.

2.6. The job description signed by the employee is transferred to the HR department and filed in a special folder.

2.7. The immediate manager appoints a supervisor (a department employee who has worked at the enterprise for at least 1 year), who introduces the new employee to corporate standards.

2.8. The immediate supervisor, together with the newly hired employee (during the first week after enrollment), draw up a work plan for the duration of the test; the plan includes the name of the work, the deadline for its completion and the specific result that the employee must achieve.

2.9. The work plan of the newly hired employee is approved by the manager, agreed upon by the head of the HR department and signed by the employee, after which it is transferred to the HR department.

2.10. Two weeks before the end of the probationary period, the manager and employee discuss the compliance of the set goals (work plan) with the specific results achieved.

2.11. The immediate supervisor writes an analytical note about the results achieved by the employee during the test period and gives a conclusion “passed the test” or “failed the test.”

2.12. The conclusion on completion of the probationary period and recommendations are received by the head of the personnel service no later than a week before the end of the employee’s probation.

3. Result of passing the test.

3.1. If the test result is unsatisfactory, the employee is dismissed with payment for the time actually worked and with the wording “as someone who failed the test” (Article 71 of the Labor Code of the Russian Federation).

3.2. If during the probationary period the employee comes to the conclusion that the job offered to him is not suitable for him, then he has the right to terminate the employment contract at his own request by notifying the employer in writing three days in advance (Article 71 of the Labor Code of the Russian Federation).

Agreed:

Head of department ________________________________________ Full name

"____" _______________200__g.

Sources: Labor Code of the Russian Federation, top-personal.ru, uristhome.ru

Information on document execution is presented on the basis of the legislation and regulations of the Russian Federation in force in 2017