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.
In this case, no matter what typelabor contract the employee gets a job, may be appointed by the employer probation according to the labor code. According to the provisions of the Labor Code, this is done so that the employer can verify the qualifications and compliance of the employee hired by him with the requirements and conditions of production (the assigned work).
However, the purpose of such a verification period isnot a mandatory procedure, and it may not be appointed. In fact, when signing a labor contract between an employee and his employer, all working conditions are stipulated. Therefore, by law, a probationary period under the labor code is a kind of mutual agreement between two parties entering into an agreement.
A few points about employment withprobation. When applying for a job, the algorithm for filing documents and finding a job for an employee does not depend on whether a probationary period is given to him or not. The employee is obliged to submit an application to the personnel department, provide a work book, passport and other necessary documents.
However, when appointing an employee testterm he must be informed and give his consent in writing. Such consent, as a rule, appears in the form of the signature of an employee in the order of appointment (employment). By the way, the form of the order itself is not arbitrary, but a form determined by the state.
After the end of the probationary period on laborCode, the employer is obliged to make a decision on the employee’s compliance with the position held. If the worker remains at the enterprise for further work, a separate order is not issued.
If the employee, for some reason orrequirements are not suitable for the employer, then a decision is made on his dismissal. But before the officials, the employer must certainly report on the reasons why a particular employee does not correspond. Labor Code, probation, dismissal - concepts that everyone should own. Unscrupulous employers often use all sorts of tricks, especially when signing temporary or seasonal employment contracts. Many, in order to avoid paper and bureaucratic red tape due to the dismissal of workers under indefinite employment contracts after a probationary period, prefer to draw up contracts of another type. They are called fixed-term employment contracts. As a rule, they are concluded for a period of up to 3 months, which allows the employee to be dismissed after this period without any additional explanation.
Many workers other than dismissal may face the extension of the probationary period. Is it possible to extend the trial period, and by how much?
According to the Labor Code the maximum terms fortest period. For workers, this period is equal to one month; for other categories of workers and employees, this period may be equal to three months. If the enterprise has a trade union, then the probationary period can be assigned up to six months. But for this, such an employment contract is coordinated with the relevant authorities in the trade union.
Regarding the increase in probation, the lawsays that the probationary period cannot be extended after the signing of the contract, neither at the request of the employee, nor at the initiative of the management. The only condition that makes it possible to increase the probation period under the labor code is a temporary absence from the workplace of the employee, due to disability (or similar good 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.
