The contract for a trial period without registration sample. Labor contract with a probationary period for the Labor Code of the Russian Federation

1. SUBJECT OF THE EMPLOYMENT CONTRACT. GENERAL PROVISIONS

1.1. The employee is hired. Under this employment contract, the employer undertakes to provide the employee with work according to a specified labor function, to ensure the working conditions provided for by labor legislation and other regulatory legal acts containing labor law norms, a collective agreement (if concluded), agreements, local regulations and this agreement, pay wages to the employee on time and in full, and the employee undertakes to personally perform the job function defined by this agreement, to comply with the internal labor regulations in force for this employer.

1.2. This employment contract is concluded: from "" 2019 to "" 2019. The expiry date of this agreement is the moment:. Circumstances (reasons) that served as the basis for the conclusion of a fixed-term employment contract -.

1.3. Test at hiring. The employee is set a trial period -. During the trial 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. The period of temporary disability of the employee and other periods when he was actually absent from work are not included in the trial period. 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, notifying him of this in writing not later than three days in advance, indicating the reasons that served as the basis for recognizing this employee as having failed the test. If the test period has expired, and the employee continues to work, then he is considered to have passed the test.

1.4. The start date of work, that is, the date from which the employee must start work - "" 2019.

1.5. This employment contract comes into force from the moment it is signed by both parties.

1.6. Work under this employment contract is for the Employee.

2. RIGHTS AND OBLIGATIONS OF THE EMPLOYEE

2.1. The employee carries out his activities in accordance with applicable law Russian Federation on labor, the Employer's internal labor regulations, other local regulations of the Employer, job description and the terms of this employment contract.

2.2. The employee obeys.

2.3. The employee has the right to:

• change and termination of the employment contract in the manner and on the terms established by the Labor Code of the Russian Federation, other federal laws;
• providing him with work stipulated by the employment contract;
• workplacethat meets the state regulatory requirements for labor protection and the conditions provided for by the collective agreement (if any);
• timely and full payment of wages in accordance with their qualifications, complexity of work, quantity and quality of work performed;
• rest, provided by the establishment of working hours in accordance with the law, the provision of weekly days off, non-working holidays, paid annual leave;
• complete reliable information about working conditions and labor protection requirements at the workplace;
• professional training, retraining and advanced training in the manner established by the Labor Code of the Russian Federation, other federal laws;
• association, including the right to form and join trade unions to protect their labor rights, freedoms, and legitimate interests;
• collective bargaining and the conclusion of collective agreements and contracts through their representatives, as well as information on the implementation of the collective agreement, agreements;
• protection of their labor rights, freedoms and legal interests in all ways not prohibited by law;
• resolution of individual and collective labor disputes, including the right to strike, in accordance with the procedure established by the Labor Code of the Russian Federation and other federal laws;
• compensation for harm caused to him in connection with the performance of his labor duties, and compensation for moral harm in the manner established by the Labor Code of the Russian Federation, other federal laws;
• compulsory social insurance in cases stipulated by federal laws; The employee also has other rights granted to him by labor legislation.

2.4. The employee undertakes:

• conscientiously fulfill his labor duties assigned to him by the employment contract;
• comply with the internal labor regulations;
• observe labor discipline;
• comply with established labor standards;
• comply with labor protection and labor safety requirements;
• take care of the property of the employer (including the property of third parties held by the employer, if the employer is responsible for the safety of this property) and other employees;
• immediately inform the employer or direct supervisor about a situation that poses a threat to the life and health of people, the safety of the employer's property (including the property of third parties held by the employer, if the employer is responsible for the safety of this property).
• take measures to eliminate the causes and conditions that impede the normal performance of work (accidents, downtime, and so on), and immediately report the incident to the Employer;
• keep your workplace, equipment and fixtures in good condition, order and cleanliness;
• observe the procedure for keeping documents, material and monetary values \u200b\u200bestablished by the Employer;
• not to disclose and protect information constituting a commercial secret of the Employer. The list of information constituting a commercial secret of the Employer is determined in, with which the employee is familiar.
• compensate the Employer for damage caused by the disclosure of information that constitutes a commercial secret;
• not to collect or distribute false information about the Employer;
• to improve their professional level by systematic independent study of special literature, periodicals, information from other sources on their position (profession, specialty), on the work performed;
• conclude an agreement on full material liability in the event of a crime to work for the direct maintenance or use of monetary, commodity values, other property, in the cases and in the manner prescribed by law;

2.5. Failure to include in the employment contract any of the rights and (or) obligations of the employee and the employer established by labor legislation and other regulatory legal acts containing labor law norms, local regulatory acts, as well as the rights and obligations of the employee and employer arising from the conditions of the collective contracts, agreements, can not be considered as a refusal to exercise these rights or fulfill these obligations.

3. RIGHTS AND OBLIGATIONS OF THE EMPLOYER

3.1. The employer has the right:

• change and terminate the employment contract with the employee in the manner and on the conditions established by the Labor Code of the Russian Federation, other federal laws;
• to conduct collective bargaining and conclude collective agreements;
• to reward the employee for conscientious effective work;
• require the employee to fulfill his labor duties and respect the property of the employer (including the property of third parties held by the employer, if the employer is responsible for the safety of this property) and other employees, to comply with the internal labor regulations;
• to bring the employee to disciplinary and material liability in the manner established by the Labor Code of the Russian Federation, other federal laws;
• to adopt local regulations;
• create associations of employers in order to represent and protect their interests and join them;

3.2. The employer undertakes:

• comply with labor laws and other regulatory legal acts containing labor law norms, local regulations, the terms of the collective agreement (if any), agreements and this employment contract;
• provide the employee with work stipulated by the employment contract;
• to ensure the safety and working conditions that meet the state regulatory requirements for labor protection;
• provide the employee with equipment, tools, technical documentation and other means necessary for the performance of their labor duties;
• to provide the employee with timely and full payment of wages in accordance with his qualifications, the complexity of work, the quantity and quality of work performed;
• to acquaint the employee, against signature, with the adopted local regulations directly related to their work activities;
• consider the submissions of the relevant trade union bodies, other representatives elected by the employees on the violations of labor legislation and other acts containing labor law norms, take measures to eliminate the violations identified and report on the measures taken to the indicated bodies and representatives;
• to provide for the everyday needs of the employee related to the performance of his labor duties;
• carry out compulsory social insurance of the employee in the manner prescribed by federal laws;
• compensate for harm caused to an employee in connection with the performance of his labor duties, as well as compensate for moral harm in the manner and under the conditions established by the Labor Code of the Russian Federation, other federal laws and other regulatory legal acts of the Russian Federation;
• keep a work book on the employee in accordance with the legislation of the Russian Federation.
• fulfill other obligations stipulated by labor legislation and other regulatory legal acts containing labor law norms, a collective agreement (if any), agreements, local regulations and this labor agreement.
• fulfill other obligations arising from legislation and this employment contract.

4. REGIME OF LABOR AND RECREATION

4.1. The employee is set the following working hours:

4.1.1. -hour working week, standardized working day. The time of the beginning, end of work, breaks in work is determined by: The rules of the internal labor regulations of the Employer. The employee is provided with days off.

4.1.2. Flexible working hours. The beginning, end and total duration of the working day is determined by the work schedule. The employee gets acquainted with the work schedule in writing. The duration of working hours for the accounting period should not exceed the normal number of working hours established by law. The accounting period of working time is for the Employee under this contract. The employer ensures that the employee works out the total number of working hours during the relevant accounting period.

4.1.3. Irregular working hours. In connection with work in the regime of irregular working hours, the Employee is annually provided with additional paid vacation in the amount of days. The employer ensures the maintenance of the summarized accounting of the employee's working time.

4.1.4. Shift work according to the shift schedule. Work for two shifts in a row is prohibited. The employee gets acquainted with the shift schedule in writing in the manner prescribed by labor legislation and local regulations of the Employer.

4.1.5. Work with the division of the working day into parts. The start and end time of each part is determined in accordance with.

4.2. The employee is granted an annual basic paid leave of 28 calendar days. Paid leave must be granted to the employee annually.

4.3. The employee is provided with an additional annual paid leave of duration of days.

4.4. For family reasons and other valid reasons, the Employer, upon his application, can provide the Employer with short-term leave without pay.

5. TERMS OF PAYMENT

5.1. The official salary is set for the employee in the amount of rubles.

5.2 The official salary is subject to change in the event of a change (increase) in official salaries according to the staffing table of the enterprise.

5.3. The employee can be set incentive supplements and allowances, bonuses and other incentive payments, as well as deductions established by local regulations of the employer.

5.4. Wages are paid and paid monthly on the territory of the Employer. Payment of wages is made in cash in the currency of the Russian Federation. Payment for the vacation is made no later than three days before its start.

5.5. Deductions from the employee's salary are made only in cases provided for by the Labor Code of the Russian Federation and other federal laws.

5.6. The employer pays taxes on the amount of wages and on other incomes of the Employee in the amounts and in the manner prescribed by the legislation of the Russian Federation.

6. CHARACTERISTIC OF WORKING CONDITIONS

6.1. Work performed by the employee under this contract:.

6.2. The following working conditions are created for the employee:.

6.3. The employee is provided with the following labor protection equipment:.

6.4. The employee is provided with the following compensation and benefits for work.

6.5. The work performed under this employment contract has the character:.

6.6. The employer compensates for the following related to business travel:

• travel expenses;
• the cost of renting a dwelling;
• additional costs associated with living outside the place of permanent residence (daily allowance, field allowance);
• other expenses incurred by employees with the permission or knowledge of the employer.

7. OTHER CONDITIONS

7.1. This employment contract during the period of its validity can be amended or supplemented by its parties. In this case, new information is entered directly into the text of the employment contract, and the new conditions are determined by the appendix to the employment contract or by a separate agreement of the parties concluded in writing, which are an integral part of the employment contract.

7.2. This employment contract is terminated on the grounds and in the manner prescribed by the current labor legislation.

7.3. All materials created with the participation of the Employee and on the instructions of the Employer are the property of the Employer.

7.4. The parties undertake not to disclose the terms of this employment contract without mutual consent.

7.5. Disputes and disagreements that may arise during the execution of the terms of this employment contract, the parties will seek to resolve peacefully by mutual agreement. If a mutually acceptable solution is not reached, the dispute may be referred for resolution in the manner prescribed by the labor legislation of the Russian Federation.

7.6. For all issues that have not found their solution in the terms of this employment contract, but directly or indirectly arising from the relationship between the Employer and the Employee thereon, the parties to this employment contract will be guided by the provisions of the Labor Code of the Russian Federation and other regulations of the Russian Federation.

7.8. This employment contract is signed in two copies: one for each of the parties, while both copies have equal legal force.

8. LEGAL ADDRESSES AND PAYMENT DETAILS OF THE PARTIES

EmployerYur. address: Postal address: INN: KPP: Bank: Account / account: Correspondent / account: BIK:

WorkerRegistration: Postal address: Passport series: Number: Issued by: By: Phone:

9. SIGNATURES OF THE PARTIES

Employer _________________

Worker _________________

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Who is not allowed to establish a probationary period

Labor legislation establishes a circle of persons who are prohibited from offering a probationary period. First of all, we are talking about persons under the age of 18 and pregnant... Also passing checks not provided for employees hired on the basis of a fixed-term employment contract for up to 2 months... Read also the article: → "How to change the employment contract in 2018: the procedure"

Drivers

The conclusion of a probationary agreement with drivers is important for the employer, because he must be sure that he has sufficiently good driving skills. The safety of other employees and the driver of the vehicle itself depends on this, as well as the integrity of the company's transport. If the organization does not provide for the conclusion of agreements on collective or individual responsibility, the role of checking the professional qualities of a candidate for a position becomes twice as important.

However, the law provides for two cases when the establishment of a probationary period is not provided:

• It is supposed to cooperate with the driver for no more than 2 months;
• the driver is looking for a job for the first time after completing specialized education according to a state-accredited program (there is a reservation - no more than 1 year has passed since the date of receipt of the educational document).

Workers

Tests for workers, whose work will be associated with continuous physical activity, are carried out in order to find out whether they have the necessary knowledge about working in special conditions, in particular about labor safety. The law prohibits the inclusion of conditions on a probationary period and obliges the employer to take a citizen without checks if:

• a potential worker wants to get a job on an apprenticeship agreement after graduating from an educational institution;

• the candidate is looking for a job in the specialty for the first time.

Chief accountants

The chief accountant is a managerial position that requires a high level of responsibility and competence. A candidate for this position must understand the laws and have professional skills to the fullest; a probationary period is established to test a person for suitability. Hiring an unverified person for the position of chief accountant is risky.

But even in a situation with such a responsible work, the aptitude test is not carried out for:

• pregnant women and parents of a child under one and a half years old (including single parents);

• an accountant who is employed on the basis of a transfer from another company by agreement of the management of both enterprises;

• candidates who received a place on a competitive basis in accordance with the Labor Code of the Russian Federation.

Civil servants

A probationary period cannot be set for:

• candidates who have guarantees of job retention under the law;

• appointed to the position by transfer in connection with the liquidation of the state structure or the reduction in the number of employees;

• who have received secondary / higher education and are looking for work on the basis of an apprenticeship contract.

ATS officers

Usually, a future employee of the internal affairs bodies is checked for suitability for the position within 2-6 months, for the period of verification, a police officer, for example, is an unranked trainee.

It is prohibited to establish a probationary period in relation to:

• persons who came to the Fed. executive body for the purpose of obtaining higher education;

• citizens who have successfully passed the competitive selection;

• an employee who is going to occupy a senior management position.

Probationary period for young professionals

Article 70 of the Labor Code provides for a refusal to appoint a probationary period for young specialists who have just graduated from an educational institution and have received specialized education in accredited programs, if they are trying to find a job in their specialty for the first time. But if a young specialist has managed to work in the position that he is trying to occupy at the moment, the employer has the right to set the time of the aptitude test for him.

There is also a condition - no more than 1 year must pass from the date of presentation of the diploma to the candidate for the workplace, otherwise the employer may also appoint a probationary period. Accordingly, the dismissal of such an employee due to unsatisfactory passage of the inspection is illegal.

Employment contract without probationary period: sample contract

An employment contract without the presence in it of information on the passage of any tests by the candidate is concluded with persons allocated in special category the provisions of the Labor Code, and with potential employees whose professionalism is not questioned by the employer. In these situations, the clause on the probationary period is not indicated in the text of the contract. Read also the article: → "Perpetual employment contract: content, sample"

Employment contract (without a probationary period)

LABOR CONTRACT

Limited Liability Company "Polet" represented by General Director Petrov M.V., acting on the basis of the Charter, hereinafter referred to as the "Employer", on the one hand, and Citizen of the Russian Federation Ivanov Sergey Vladimirovich (passport 40 99 682380, issued on 25.08.1800 42 police department Rostov), \u200b\u200bhereinafter referred to as "Worker", on the other hand, entered into an agreement as follows:

1. The Subject of the Agreement

1.1. The Employer hires the Employee for the position of the Head of the Legal Department.

1.2. LLC "Alphabet" is the permanent and main place of work of the Employee.

2. Rights and Obligations of the parties

2.1. Job responsibilities of the Employee:

(Indicates the main characteristics of the work and the requirements for the level of their performance in terms of the volume of work, quality of service, the level of fulfillment of norms and standardized tasks, compliance with labor protection rules, performance of related work in order to ensure interchangeability.

When combining professions (works), performing related operations, a list of these works and their volumes and other obligations is given.)

2.2. The employee is obliged:

2.2.1. perform labor duties in accordance with the labor legislation of this contract and the job descriptions approved by the Employer;

2.2.2. obey the internal labor schedule, observe labor discipline;

2.2.3. Take good care of the property of the Employer.

2.3. The employer is obliged:

2.3.1. organize the work of the Employee;

2.3.2. create conditions for safe and efficient work;

2.3.3. equip the workplace in accordance with labor protection and safety regulations;

2.3.4. pay the wages stipulated by the contract on time.

3. Working hours

3.1. A five-day working week with two days off is established for the Employee.

3.2. The duration of the Employee's working hours under this agreement is 40 (forty) hours per week.

3.3. The daily duration of the working day cannot exceed 8 (eight) hours.

4. Rest time

4.1. The employee is provided with a daily break for rest and meals lasting 1 (one) hour. The break is granted four hours after the start of work.

4.2. The employee can use the break at his own discretion. During this time, he is given the right to leave the place of work.

4.3. The duration of weekly uninterrupted rest must be at least forty-two hours.

4.4. The days off are Saturday and Sunday.

4.5. On the eve of holidays, the duration of the Employee's work is reduced by one hour.

4.6. Work of the Employee on the day off is compensated by the provision of another day of rest or, by agreement of the parties, in monetary form - double. Work of the Employee on a public holiday is paid double.

4.7. The employee is provided with annual summer leave of 24 (twenty four) working days with the preservation of the place of work (position) and average earnings.

4.8. Upon a reasoned application from the employee, he may be granted additional leave in accordance with the labor legislation of the Russian Federation.

5. Salary

5.1. The employee's salary cannot be less than 1 (one) minimum wage established by the current legislation of the Russian Federation.

5.2. Remuneration of the Employee is made on the basis of official salary... The size of the official salary is established by the Administration of the Employer.

5.3. Salary is paid twice a month.

5.4. The salary for the entire vacation period is paid no later than 1 (one) day before the start of the vacation.

5.5. Payment of wages to the Employee is made at the place where he performs the work, unless otherwise provided by agreement of the parties.

5.6. Failure to perform or improper performance by the Employee of his official duties through no fault of his own does not entail a decrease in the established monthly salary. The guilty failure to perform or improper performance by the Employee of his official duties entails the remuneration of labor in a reduced amount established by the Employer.

5.7. Upon dismissal of an employee, payment of all amounts due to him from the employer's enterprise is made on the day of dismissal.

6. Term of the contract

6.1. The contract is concluded for an indefinite period and can be terminated on the grounds provided for by the current legislation of the Russian Federation.

7. Other conditions

7.1. An employee is hired without a probationary period.

7.2. For exemplary performance of work duties, long and flawless work, innovation in work and other achievements in work, the following incentives are applied:

1) announcement of gratitude;

2) issuance of an award;

3) rewarding with a valuable gift;

4) awarding a certificate of honor.

5) other incentives provided for by the labor legislation of the Russian Federation.

7.3. The relationship between the Employee and the Employer, not specified in this agreement, is governed by the norms of labor legislation and legislation on social security in force on the territory of the Russian Federation.

7.4. This agreement is drawn up in Russian, in duplicate, having equal legal force, one for each of the parties.

8. Details and signatures of the parties

Employer: Limited Liability Company "Alphabet"

198198, Moscow, st. Blagodatnaya, 15

Worker: Volkov Sergey Petrovich

192267, Moscow, st. Zoological, 13/3, apt. five

Employer:
___________________

Worker:
____________________

Legislative acts on the topic

The table contains legislative acts on the topic:

Typical mistakes

Mistake # 1: Employment of a single mother raising a child over the age of one and a half years, without a probationary period.

Comment : A single mother is not one of the candidates for a position that is privileged to be on probation.

Mistake # 2:Appointment of a probationary period when hiring an employee on the basis of a fixed-term employment contract for a period of 2 months.

Comment : In cooperation, the duration of which does not exceed 2 months, an employment contract is concluded without a probationary period.

Answers to common questions

Question number 1:With whom of the potential employees is the employer able or obliged to enter into an employment contract without a probationary period?

Answer : The probationary period is appointed at the request of the head of the company, he hires an employee and must know for sure that the applicant is suitable for the vacant position. Therefore, the employer has the right not to schedule aptitude tests if he is confident in the abilities and prospects of a potential employee. However, the employer should also bear in mind that the Labor Law also provides for the conclusion of contracts without a probationary period for certain categories of citizens, for example, pregnant women, minors and young professionals.

Question number 2: Does the refusal of the candidate for the position from passing the probationary period indicate that he is not fit for the job?

Answer : Not necessary. Often, a potential employee who does not have a job at the moment is neutral about the trial period, since he is not afraid of the employer's refusal to continue cooperation. But it also happens that a candidate for a position is not unemployed, he is trying to change his place of work due to the inability to prove himself, the desire to move up the career ladder faster, disagreements with the team or low wages. Such a person has something to lose, and therefore he is only interested in a vacancy that implies work without tests.

Question number 3: What probationary period is assigned to an employee who combines several jobs?

Answer : The part-time job is being tested on general grounds, the fact of part-time job itself does not matter in this case.

Question number 4:How to insure yourself and know for sure that a candidate for a position who is denied employment will not sue and try to prove his professionalism and biased assessment of the employer?

Answer : To this end, the company may approve the Regulation on the passage of tests by candidates for a vacant position, in the text of which it is necessary to indicate clear selection criteria. This document can become a proof of his innocence in the course of court proceedings.

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Concept

An employment contract with a probationary period means the time during which the newly hired employee has a chance to prove himself as a specialist, and the management - to take a closer look and determine is the employee fit for the job.

During the test, the employee will reveal many skills, knowledge, character traits. If the trial period did not help the person with the manifested abilities, skills, knowledge and other qualities to strengthen in the team and gain credibility, to prove full compliance with the coveted position, then the employer, without any special problems, dismiss the employee as if he did not pass the probationary period (as with a failure to withstand the test of professionalism ).

Is a probationary period a prerequisite in an employment contract?

Is an employment contract concluded with an employee for a trial period when hiring?

Probationary period as a prerequisite for concluding an employment contract by law not considered.

The basic legislative act on this issue is Article 70 of the Labor Code of the Russian Federation, which stipulates that such a test when hiring is possible, then only in case of mutual agreement between the partiesfixed in the contract.

In practice, this means that when concluding an employment contract (with a probationary period), the paragraph at the time of competence testing must be included in the contract.

By reading the document carefully and not finding such a point in it, you can put your signature and keep in mind that checking can not entail the termination of employment, that is, the person is already actually and legally accepted for work.

No one who does not want to waste time checking the job seeker will not be able to force him to agree, then the job seeker either agrees (with the introduction of the appropriate clause in the contract) or not.

For the test period, a separate contract should not necessary, since this is one of the points, conditions of the main document on mutual obligations and rights. Such a point may not exist if the employee is accepted immediately, unconditionally.

Persons who are not covered

The law prohibits establish such checks for certain categories of applicants (Article 70 of the Labor Code of the Russian Federation):

• in the order of transfer from another enterprise;
• young specialists (freshly baked holders of diplomas from schools, technical schools, universities with zero experience, within the first year after graduation);
• young people under the age of 18 (read the article about the specifics of the employment of minors);
• expectant mothers (read about the specifics of employment of pregnant women in the next article);
• mothers with children under 1.5 years old;
• persons taking seats as a result of elections;
• temporary workers;
• persons who won the competition for filling a vacant position.

With these citizens, take advantage of the trial period as a means of determining suitability in a professional sense and the opportunity to refuse the services of an unsuitable employee after this time.

Duration

As for the length of the verification period, the law does not limit lower limits, limits are set only for upper ones.

In Art. 71 of the Labor Code of the Russian Federation clearly states that the term cannot exceed 3 months for ordinary cases of employment, and not more than six months if a person applies for the position:

• the first head or deputy;
• chief accountant.

Civil servants are subject to the regulations of the Federal Law "On the state civil service of the Russian Federation" of July 27, 2004, art. 27, where it is written that this period can be established for them from 3 to 12 months.

The shortest test term is no more than 2 weeks, those who have the term of the contract is 2-6 months.

The calculation of the test time itself is not measured by calendar or working days, there are nuances: for example, the days of being treated according to the ballot or donor days are not counted, for this time the test period must be prolonged automatically.

Outcome

An experienced HR inspector, three days before the expiration of the employee's aptitude test period, should clarify further plans with management, since it is now necessary to be ready to fire an employee who has not passed the test.

For a refusal, which is legally the termination of the employment contract, you should prepare:

• a dismissal order (against the personal signature of the subject three days before the end of the mutually agreed time period fixed in the contract);
• accounting forms;
• materials confirming the unsuitability of this employee (reports of the immediate supervisor, service notes, acts, customer claims, employee explanations of the reasons for not completing tasks, etc.).

First of all, these are the requirements of the lawand, secondly, the more thoroughly and fully these requirements are met, the less claims the court will have if the rejected specialist decides to apply there.

Employment contract without probationary period

An employment contract without specifying the conditions to pass the test is concluded with those categories who are prohibited by law, as well as those applicants who do not raise doubts as professionals. In such cases, a similar clause in the TD text does not turn on.

Download a sample employment contract without a trial period

Registration rules

How to draw up an employment contract with a trial period?

After notifying a potential full-time employee of the decision to appoint him a trial period and having received his consent, the employer enters the appropriate paragraph in the TD.

A similar point is formulated like this:

Subject of the contract:

1. An employee is hired as a work manager for an indefinite period.
2. To begin performing labor functions on January 25, 2016.
3. This agreement establishes a probationary period of 2 (two) months.

There is also another option.

Download the form of an employment contract for a trial period

Download a sample of an employment contract with an employee (with a trial period when hiring)

Applications

The clause on the trial period can be added in the same wording, only in the annex to the agreement. The key point here is the date of signing by both parties, which must correspond to the date of signing the main document, and only before a new employee takes up duties.

Application signing is usually practiced in small companies, TD in which a standard form has been developed, without introducing the conditions for establishing the verification period, and the application is drawn up if necessary.

In case of a fixed-term contract

Is there a probationary period for a fixed-term employment contract?

Yes, a fixed-term employment contract may well contain a condition on checking the competence of the employee, if the applicant does not mind and agree to sign a TD with such clause or an annex to the TD.

The general legal requirements are subject to the same requirements as for perpetual TDs. The only limitation is duration of check time for temporary or seasonal workers, the contract with whom does not exceed 2-6 months... For them, the verification period cannot be longer than 2 weeks.

Download a sample of a temporary employment contract (fixed-term) for a trial period

Termination of an agreement

In this case, a recognized incompetent employee must be notified under signature. 3 days before the termination date with him labor relations.

The order must be dated clearly on the days of the trial.when the deadline is missed, the employee will be considered hired and will be able to prove his case in court.

An employee has the right to resign of his own free will during the probationary period if the work in this company is not up to him or not to his liking.

In this case, the subject who does not want to continue cooperation must write a statement about his decision to quit, which should be notified to the administration 3 days before the date of termination of work.

Probation gives the employer time to evaluate the employee, and in case of revealing his incompetence, part with him at the very beginning of cooperation.

Competent and executive specialist, a master in his field, don't be upsetwhen, when applying for a job, he will be offered to go through the grinding period.

Those who are fundamentally opposed simply do not need to agree to such conditions - the verification period can be set only on a voluntary basis.

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What you need to know about the employee test

First you need to understand when the law prohibits the use of the test time when concluding an employment contract (TD). The categories of such persons are defined by Art. 70 of the Labor Code of the Russian Federation. For them, you can use a sample employment contract without a trial period, the phrase "without a trial period" is added to it. So, they do not establish a test when hiring for the following categories of citizens:

• persons under the age of 18;
• pregnant women and women with children under 1.5 years old;
• elected by competition, if the position is elective;
• graduates who first come to work in their specialty within a year from the moment they graduate from an educational institution;
• persons accepted by way of transfer from other organizations;
• temporary workers with a contract of up to 2 months.

Professional qualifications can take up to six months if you get a job chief Accountant, the head of the organization, branch or his deputy (Article 70 of the Labor Code of the Russian Federation). In other cases, the employee cannot be tested for more than three months.

The usual contract with a probationary period of 3 months, which is most common, differs from the standard contract only in the presence of a clause about the trial time. It is also possible to include in it the conditions under which the trial period will be considered successful.

How to extend the probationary period under an employment contract

It is impossible to extend the maximum test time allowed by the Labor Code of the Russian Federation. But what if a short trial period was originally established, can it be extended? There is no single answer to this question. On the one hand, the Labor Code of the Russian Federation does not provide for such a possibility, because the verification period is established only at the conclusion of the TD (parts 1, 2, article 70 of the Labor Code of the Russian Federation). But at the same time, the information about the test refers to the additional conditions of the TD (parts 1, 2, article 70 of the Labor Code of the Russian Federation), and they can be changed by concluding an additional agreement of the parties.

The most practical would be to conclude a contract with a test for the maximum period. If the first months pass successfully, it can be reduced; it is easier to do this than to increase it.

For instance: the TD was concluded with the seller Vorobiev, the trial period is 3 months. In the process of work, the parties agreed to reduce the verification time to 2 months and signed an additional agreement to reduce this period.

This method does not worsen the position of the employee, therefore, it is allowed in practice. Extending the verification period is not the best option; it is safer to immediately establish its maximum duration, and, if necessary, shorten it.

Termination of an employment contract while the employee has not been verified

The point of establishing a temporary trial is to check the professional qualities of the employee, and if they do not meet expectations, fire him without unnecessary problems and restrictions. Some employers resort to a trick and conclude a separate special TD for this period. Essentially it is fixed-term contract, which has no legal basis under its urgency. But in this case, the duration of the check can be much longer than that which is allowed by law. This is a violation and if this fact becomes known to the regulatory authorities, the employer will be punished.

Termination of the contract during the trial period must be competently prepared at the time of the beginning of the employment relationship. To avoid appealing the dismissal in court, it is necessary to draw up a specific work plan for the first months even during employment, and bring it to the candidate:

• formulate and set tasks for the employee;
• determine the dates by which the employee must acquire knowledge and skills;
• appoint a responsible person who will check and document the fact of the beginner's success;
• hand over a document to a new employee to sign.

When the termination of the TD is initiated by the employer, the employee is served with a notice of unsatisfactory work result, indicating the reasons. The warning time for dismissal is defined in article 71 of the Labor Code of the Russian Federation and is only 3 days. Often employers go to meet the employee's request to issue a dismissal of his own free will, since he does not want to have work book a record of dismissal under Part 1 of Art. 71 of the Labor Code of the Russian Federation, i.e. does not want to admit his professional unsuitability to other potential employers. Agreeing to this, it should be understood that the employee may change his mind and challenge the dismissal in court, even if it was made “on his own”. In this case, such a wording can harm, the court recognizes a violation of the order of dismissal, and a negligent specialist will be reinstated in his previous position. In addition, he will have to pay compensation for the forced absenteeism. Therefore, it is better to draw up all documents on the results of the employee's work as it actually happened and not to make any dubious deals.

The first three months of work, in addition to the difficult adaptation period, give the employee himself the opportunity to quit without work, within 3 days after writing a letter of resignation, if the job did not suit him or he did not cope. In the event that a TD is terminated by an employee, it is enough for him to write a letter of resignation of his own free will. The employer has no right to keep an employee for more than three days.

End of the trial period

When the newcomer check comes to an end, the question arises: how to arrange its successful completion and transfer the employee to a permanent job? You can act in two ways:

• draw up an order or conclusion on the successful completion of the probationary period;
• do not issue any additional documents.

Temporary contract and probationary period

A contract concluded for a certain period is called urgent. When concluding it, it is important to remember about the time limits of the test. If the TD has a duration of up to 2 months, it is impossible to set a time for testing the knowledge and skills of the employee.

If the employee is hired under a temporary contract concluded for a period of 2 to 6 months, then the trial is established for no more than 2 weeks.

Fixed-term contracts concluded for a longer period, from 6 months or more, can have the same probationary period as regular, open-ended employment contracts, that is, one to three months. The same rule applies to TD for individual entrepreneurs. The test time condition fits directly into the text of the contract.

Sample employment contract without probationary period (.pdf)

Sample employment contract with a probationary period of 3 months (.pdf)

Sample Probation Reduction Agreement (.pdf)

Sample employment contract with a trial period for individual entrepreneurs (.pdf)

Sample employment contract with a trial period with a seller (.pdf)

Sample of a fixed-term employment contract with a trial period (.pdf)

ppt.ru

An employment contract without a probationary period is concluded with the following categories

Employees selected by competition to fill the relevant position.
For example, according to federal law dated 02.03.2007 No. 25-FZ "On municipal service in the Russian Federation" the conclusion of an employment contract with a municipal employee may be preceded by a competition. The competition itself is held in order to assess the professional level of applicants for the position of municipal service, their compliance with the established qualification requirements for the position of municipal service. The competition for filling the position of the municipal service solves the problem of the probationary period in full, therefore the establishment of an additional trial is unnecessary.

Pregnant women and women with children under the age of one and a half years.
This provision applies not only to women with children under the age of one and a half years. But also on other persons raising children of a specified age without a mother.

Minor workers.

Employees who have received secondary vocational education or higher education and who first entered work in their specialty.
In this case, there are two additional conditions:

1. The educational organization must have state accreditation of educational programs (in this case, the graduate will have a state-recognized education document).
2. A graduate of an educational organization must find a job in the received specialty within one year after graduation.

Employees elected to an elective position for a paid job.
For example, a newly elected deputy of the State Duma of the Russian Federation.

Employees invited to work by transfer from another employer as agreed between employers.

Employees who have entered into an employment contract for up to two months.

Summarizing
An employment contract without a probationary period can be concluded with any employee; this requires only the goodwill of the parties to the employment relationship. By virtue of the law, a probationary period is not established at all for certain categories of employees.

Video on the topic "Employment contract without probationary period"

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Labor contract

with a trial period

Represented by ________________________________________________, acting on the basis of ________________________________________________, hereinafter referred to as " Employer", On the one hand, and gr. ________________________________________________, passport: series ________, No. ________, issued by ________________________, residing at: ________________________________________________, hereinafter referred to as " Worker", On the other hand, hereinafter referred to as the" Parties ", have entered into this agreement, hereinafter" Contract", About the following:

1. GENERAL PROVISIONS

1.1. The employee is hired in "________________________" at the address: ________________________________________________ for the position of ________________________________________________.

1.2. The employee is obliged to start work from "___" _____________ 20 years.

1.3. The employee is assigned a probationary period of ________ month. The trial period does not include a period of temporary disability and other periods when the Employee, with the permission of the Employer, was absent from work for valid reasons, as well as absence from work without a valid reason (absenteeism). The employee who has passed the test continues to work without any additional registration. In case of an unsatisfactory test result, the Employee is released (fired) from work on the basis of the order of the Employer.

1.4. During the probationary period, the Employee is fully subject to the labor legislation of the Russian Federation.

1.5. This agreement is concluded for an indefinite period.

1.6. Work for the Employer is the main place of work of the Employee.

1. DUTIES OF THE PARTIES

2.1. The employee undertakes:

2.1.1. Perform labor duties specified in the job description.

2.1.2. Observe labor, production and financial discipline and conscientiously treat the performance of their official duties specified in clause 2.1.1 of this employment contract.

2.1.3. Obey the rules of the internal work schedule, including observing the daily routine established in the institution.

2.1.4. Carefully treats the property of the Employer, including the equipment and office equipment in his use, to ensure the safety of the documentation entrusted to him.

2.1.5. Not to disclose during the period of work with the Employer, as well as in the next year after dismissal, data that are the employer's trade secret and confidential information obtained in the course of their employment.

2.1.6. To fulfill in a high quality and timely manner the instructions, tasks and instructions of the director of the institution given to him in accordance with his competence.

2.1.7. Observe the requirements for labor protection, safety and industrial hygiene.

2.1.8. To contribute to the creation of a favorable production and moral climate, the development of corporate relations in the work collective of the Employer.

2.1.9. When changing the information entered in the T-2 form card (family composition, passport data, residence and registration address, contact phone number, etc.), inform the Employer within ________ days.

2.2. The employee has the right:

2.2.1. Meet with regulations The Employer, regulating the activities of the Employee.

2.2.2. For the provision of work stipulated by this agreement.

2.2.3. To a workplace that meets the conditions state standard and labor safety.

2.2.4. For annual paid vacations (main and additional) in accordance with the Labor Code of the Russian Federation and the vacation schedule.

2.2.5. On timely and full payment of wages in accordance with their position, qualifications, conditions, labor complexity and quality of work performed.

2.3. The employer undertakes:

2.3.1. Comply with the terms of this employment contract, the requirements of the Labor Code of the Russian Federation and laws regulating the work of employees.

2.3.2. Provide the Employee with the conditions necessary for safe and effective work, equip his workplace in accordance with labor protection and safety regulations.

2.3.3. Pay the wages stipulated by this employment contract and other payments due to the Employee within the established time frame.

2.3.4. Provide guarantees and compensations established by the current legislation of the Russian Federation and the Republic of Kazakhstan.

2.3.5. In the prescribed manner, make entries in the Employee's work book, keep it and give it to the Employee on the day of dismissal.

2.3.6. Ensure the protection of the personal data of the Employee contained in their personal files and other documents from their unlawful use or loss.

2.4. The employer has the right:

2.4.1. Demand from the Employee the conscientious performance of labor duties, compliance with the internal labor regulations.

2.4.2. Reward him for conscientious and effective work.

2.4.3. In the event of an industrial need to recall the Employee from the next vacation with the subsequent reimbursement of unused vacation days.

2.4.4. To bring the Employee to disciplinary or financial liability in cases of improper performance of duties and causing material damage to the Employer in accordance with federal laws, laws of the Republic of Kazakhstan and internal labor regulations.

2.4.5. If there is a need to conduct professional training, retraining, advanced training in educational institutions of professional higher and additional education at the expense of the Employer.

1. SALARY

3.1. The employee is set, in accordance with the staffing table, the official salary according to the ________ category of remuneration of the unified wage scale (UTS) for the remuneration of employees of municipal institutions.

3.2. The employee is set a bonus in the amount of:

l percentage allowance for work in the Far North and equivalent areas ________%.

l regional coefficient to wages ________%.

3.3. Monthly bonus of ________% of the official salary.

3.4. The payment of bonuses, allowances, additional payments and the provision of material assistance is carried out within the wage fund approved for the current year.

3.6. The procedure and conditions for bonuses are established by the “Regulations on material incentives for employees of the institution.

1. MODE OF WORK AND REST. GIVING HOLIDAYS

4.1. The length of the working 36 hour week is set for the employee - 5 days with two days off (Saturday and Sunday).

4.2. The start and end time of the working day, rest breaks are determined by the internal labor regulations.

4.3. Involvement of the Employee in work on a day off and a non-working holiday is carried out with the written consent of the Employee on the written order of the Employer with the approval of another day of rest.

4.4. The employee is annually granted regular leave with the preservation of wages for 28 calendar days. Leave for the first year of work is granted after six months of continuous work with the Employer. In the cases provided for by the Internal Labor Regulations, at the request of the Employee, leave may be granted before the expiration of six months of continuous work with the Employer. Leave for the second and subsequent years of work is granted in accordance with the order of granting leave, in accordance with the vacation schedule approved by the Employer, drawn up taking into account the wishes of employees about the time of the expected vacation until January 05 of each calendar year.

4.5. Replacing the next vacation with monetary compensation is not allowed, except in cases of dismissal of the Employee who did not use the provided vacation.

4.6. The employee is granted additional leave for work in regions equated to the regions of the Far North in the amount of 16 calendar days. At the request of the employee, additional leave can be replaced by monetary compensation.

4.7. The part of the annual paid leave exceeding 28 calendar days not used in the current year can be replaced with monetary compensation at the written request of the employee in the next year after the current year.

4.8. For family reasons and other valid reasons, the Employee, upon his application, may be granted short-term leave without pay.

1. LIABILITY OF THE PARTIES

5.1. In case of non-fulfillment or improper fulfillment by the Employee of his duties specified in this agreement, violation of labor legislation, internal labor regulations, as well as causing material damage to the institution, he bears disciplinary, material and other liability in accordance with the current legislation.

1. GROUNDS FOR TERMINATION OF THE EMPLOYMENT CONTRACT

6.1. Termination of this employment contract occurs in accordance with the current labor legislation, as well as in case of violation by the parties of their obligations.

6.2. The contract can be terminated:

l by agreement of the parties;

l at the initiative of the Employee, on the grounds provided for in Art. 80 of the Labor Code of the Russian Federation (by a written warning to the Employer two weeks before termination);

l at the initiative of the Employer, in the following cases:

1. liquidation of the enterprise;
2. reduction of the number or staff of employees of the enterprise;
3. inconsistency of the Employee with the position held or the work performed as a result of:

l the state of health in accordance with the medical report;

l insufficient qualifications;

l repeated non-performance by the Employee without good reason of labor duties, if he has a disciplinary sanction;

l one-time gross violation of labor duties by the Employee;

l disclosure by the Employee of commercial secrets that have become known to him in connection with the performance of his labor duties;

l commission of guilty actions by the Employee directly serving monetary or commodity values, if these actions give rise to the loss of confidence in him on the part of the Employer;

l presentation by the Employee to the Employer forged documents or knowingly false information when concluding an employment contract;

l on other grounds provided for by Art. 81 of the Labor Code of the Russian Federation;

l in the event of a change in essential working conditions and (or) violation by the Employer of its obligations under this Agreement;

l in other cases provided for by the legislation of the Russian Federation.

1. SPECIAL CONDITIONS

7.1. The employee has no right to work time perform other paid work under an employment contract with another Employer.

7.2. All materials created with the participation of the Employee on the instructions of the Employer are the property of the Employer and cannot be transferred to other persons without his consent.

7.3. The terms of this Agreement can be changed only by agreement of the parties and must be made in writing.

7.4. The agreement comes into force from the moment of its signing by the parties.

7.5. The agreement has been drawn up in duplicate. The first is kept by the Employer, the second is kept by the Employee. Both copies signed by both parties and certified by the seal of the Employer are equally valid.

7.6. The parties undertake not to disclose the terms of the contract and not to transfer it to third parties, classifying this as disclosure of official secrets.

1. LEGAL ADDRESSES AND PAYMENT DETAILS OF THE PARTIES

1. SIGNATURES OF THE PARTIES

An employment contract with a probationary period is concluded if the management of the organization wants to assess the knowledge and skills of the employee for a certain time and, based on the results of the assessment, decide whether the employee will continue to serve or not. We will tell you about the specifics of establishing a probationary period in employment contracts with employees in the article.

Probationary period: general provisions and the number of months during which an employee can pass it

In Art. 57 of the Labor Code of the Russian Federation enshrines a set of clauses, the presence of which in the employee's contract with the organization's administration is mandatory. Also, the specified article contains a set of conditions that can be included in the contract at the discretion of the parties (on the requirements for concluding an employment contract in our separate material).

Probation clause Art. 57 of the Labor Code of the Russian Federation refers to the group of optional ones. Therefore, the decision to include him in a contract with a specific employee is in the exclusive competence of the company's management.

Art. 70 of the Labor Code of the Russian Federation indicates that if the management of the organization considers it necessary to determine a probationary period for the employee, then this condition should be included in the contract immediately upon execution. If the parties did not settle this issue when signing the contract, then this means hiring a citizen without a test. In the future, the introduction of such a condition into an agreement with an employee is not allowed.

A similar mechanism is provided for by Art. 70 of the Labor Code of the Russian Federation and in the case when a citizen began his labor activity without registration of an employment contract. In this situation, if a contract is subsequently concluded with him, the inclusion of the obligation to undergo the test is unacceptable.

Test duration

According to Art. 70 of the Labor Code of the Russian Federation, the total period for concluding an employment contract with a probationary period is 3 months. At the same time, for certain categories of managerial employees, this period can reach 6 months due to the importance of their activities for the enterprise.

These include:

• heads and chief accountants of organizations, as well as their deputies;
• heads of branches or separate structural divisions.

It is important to remember that if a fixed-term contract is concluded with an employee for up to 2 months, then in this case the employer does not have the right to include a test condition in it. If the duration of the employment contract is from 2 to 6 months, then the test period in this situation should not exceed 2 weeks.

Note that the periods when the employee was not actually at work are not included in the trial period. These can be periods when the employee is on sick leave, on vacation at his own expense, etc.

Probationary employment contract - who does not apply to

Art. 70 of the Labor Code of the Russian Federation defines a list of workers in respect of whom the establishment of a test when hiring is unacceptable.

These include:

• employees whose appointment was based on the results of the competition;
• workers elected to elected positions.
• employees who came to the organization by transfer from another organization;
• employees who received vocational education (secondary or higher) a year before employment or less;
• women who are pregnant or raising children under the age of 1.5 years;
• persons who at the time of employment are under 18 years of age.

How to specify a probationary period in an employment contract?

In practice, 2 clauses are usually added to the standard document to indicate the test conditions in the contract. The first of them states that a probationary period is established for the employee, and also determines its duration.

The second paragraph should indicate a list of criteria that the employee must meet in order to successfully pass the test. Usually we are talking about the discipline of the employee, as well as the sufficiency of professional skills to perform the assigned tasks.

It is best to include both additional points in the first section of the employment agreement, which indicates the position of the employee, as well as the urgency (indefinite term) of the agreement.

Extension or reduction of the probationary period

It is important to remember that Art. 71 of the Labor Code of the Russian Federation expressly prohibits the increase (extension) of the probationary period. That is, if the employee, for example, was assigned a test period of 1 month (less than possible due to the requirements of Article 70 of the Labor Code of the Russian Federation), then its subsequent increase is unacceptable. At the end of this month, the employee will be considered to have passed the test, respectively, his dismissal is possible only in a general manner and on a general basis, like any other employee.

As for the reduction of the trial period, the management of the organization can make such a decision at any time during the trial. In this case, in practice, it is not even required to amend the contract. And the employer only needs to issue an order, which indicates that the employee has successfully passed the test.

Don't know your rights?

It should be noted that during the period of the probationary period, the employee can resign of his own free will on a preferential basis. For this, in accordance with Art. 71 of the Labor Code of the Russian Federation, it is only enough to notify the management of the organization about your desire 3 days before the expected date of dismissal, and not 2 weeks, as required by Art. 80 of the Labor Code of the Russian Federation for other employees.

Probationary employment contract - form and sample

The following document can be used as an employment contract form:

The attached file contains a standard open-ended employment contract with an employee, for whom a specific job will be the main one, and the duration of the probationary period is 3 months. A sample employment contract with a trial period can be downloaded from the link:

It is important to remember that during the test, the employee is subject to all local regulations in force in the organization that regulate his working conditions, without any special restrictions or exemptions. Accordingly, Art. 70 of the Labor Code of the Russian Federation expressly prohibits the establishment of any discriminatory requirements (in terms of labor standards, wages, etc.).

In case of successful passing of the test, the organization's management is not required to issue any additional documents, for example, an order, which is specified in Art. 71 of the Labor Code of the Russian Federation.

Dismissal while undergoing probation - law and court practice

According to Art. 71 of the Labor Code of the Russian Federation, in the event that an employee has shown unsatisfactory results when passing the test, the organization's management has the right to dismiss him in a simplified manner. To do this, the employer must notify the employee 3 days before dismissal.

It is important to remember that upon dismissal due to the presence of unsatisfactory results when passing the test, the management of the organization does not need to seek the views of representatives of workers (trade union organization), as well as to pay the employee severance pay.

Accordingly, the same Art. 71 of the Labor Code of the Russian Federation gives the employee the right to appeal against dismissal in court. However, the norms of the Labor Code of the Russian Federation do not decipher the concept of "unsatisfactory results", do not indicate how the management of the organization and the dismissed employee should argue their case. Since in practice this gap in the norms of the Labor Code of the Russian Federation leads to numerous disputes and conflicts, we turn to the judicial practice of resolving them.

Probationary employment contract - courts' position on dismissal

The basic document defining the judicial interpretation of this issue is the resolution of the Plenum of the RF Armed Forces "On the application of ..." dated 17.03.2004 No. 2. In paragraph 23 of the indicated document, the Plenum of the Armed Forces indicates that in the event of a dispute in court of illegal, in the opinion of the employee, dismissal proving the legality of this procedure is fully entrusted to the management of the organization.

As noted in the judicial acts of the regional courts, for example, in the appellate rulings of the Trans-Baikal Regional Court in cases No. 33-244-2014 and 33-5077-2013, Art. 71 of the Labor Code of the Russian Federation gives the management of the organization during the probationary period the right to assess the business and professional qualities of an employee, which are determined in accordance with his compliance with his job duties (compliance with labor standards, maintaining discipline, compliance with the requirements of the Labor Code of the Russian Federation and local regulations).

At the same time, dismissal is unacceptable due to the personal qualities of the employee, as well as for subjective reasons based on the opinion of the employer. Consequently, in order to confirm the justification of the dismissal, the management must provide objective evidence that the employee is not doing the job assigned to him, is undisciplined, etc.

Dismissal criteria

In the appellate ruling of the Rostov Regional Court dated 18.12.2014 No. 33-17069 / 2014 it is noted that Art. 71 of the Labor Code of the Russian Federation, there is no clear list of circumstances that may indicate negative results of an employee passing the test. This position of the legislator, according to the judges, testifies to the variety of circumstances (a complete list of which cannot be registered in the Labor Code of the Russian Federation) that make it possible to dismiss an employee.

However, an approximate list of evidence that allows management to prove their innocence when an employee is fired is defined in court decisions.

The City Court of St. Petersburg, in its ruling dated 09.29.2011 No. 33-14786 / 2011, indicated that the following can serve as evidence of the legality of the employee's dismissal when passing the test:

• acts of non-fulfillment (improper or untimely fulfillment) of labor standards;
• documented release of defective products;
• acts (memoranda) on violation by the employee of the internal regulations at the enterprise;
• other documents testifying to the failure to fulfill the labor duties assigned to the employee.

The definition of the Moscow City Court dated 12.12.2014 No. 33-46262 / 14 also includes among a number of admissible evidences testifying to the right of the organization's management to dismiss an employee due to negative test results:

• testimony of witnesses confirming these facts;
• dismissal warnings;
• minutes of administrative meetings, etc.

***

Summing up, we note that the establishment of a test condition in the employment agreement allows the organization's management to make sure of the professionalism and discipline of the employee hired within the allotted time. And if the employee does not meet the requirements, part with him in a simplified manner. We remind you that at the link above you can download the form and sample of the employment contract for a trial period.

From the point of view of the layman, the presence of a test condition in the employment contract means that, probably, the employer will pay less wages and may not prolong the employment relationship if the test is unsuccessful. Meanwhile, the current labor legislation gives the employee who has entered into an employment contract with a probationary period, also rights, and also provides certain guarantees. There is no officially approved form, like a sample of an employment contract with a probationary period, so it is important to take into account some points when developing your form.

Probationary period when concluding an employment contract

Despite the fact that the employer is not limited by the current labor legislation in the right to establish a trial for the employee when concluding an employment contract, this right can be exercised by him only upon obtaining the consent of the employee.

In addition, the right to provide for a probationary period in employment contracts is not unconditional, even if the employee's consent is obtained, and may be limited. In particular, the legislator associates such a restriction with certain categories of employees.

The legislator prohibits an employer from concluding an employment contract with a probationary period:

• if the employee is hired for fixed-term work for up to two months;
• if a pregnant woman or a woman who has children under one and a half years old is employed by the employer;
• if an employee is hired who is not yet 18 years old;
• if the employee finds a job through transfer, etc.

A complete list of such persons is contained in part 4 of article 70 of the Labor Code of the Russian Federation.

The employer should not use a sample employment contract with a trial period with these persons. If, nevertheless, the condition on testing for the specified category of workers for any reason appears in the employment contract, then this condition is void. That, however, does not entail the nullity of the remaining provisions of the employment contract. In addition, the employer cannot dismiss such an employee due to the failure to pass the test - the courts recognize such dismissal as illegal and oblige the employer to reinstate the employee at work and pay him wages for the period of forced absence.

An employment contract with a probationary period of 3 months

The Labor Code of the Russian Federation strictly regulates the possible deadlines for establishing a test for an employee when hiring. It is necessary to take into account both the period for which the employment contract is concluded, and the category to which the employee being hired can be assigned.

An employment contract with a trial period may contain the following trial periods (parts 5 and 6 of article 70 of the Labor Code of the Russian Federation):

• 3 months. In this case, the rule on the establishment of this period for all categories of workers is applicable, unless the law contains other terms. This period is the maximum and can be reduced by the employer;
• up to 2 weeks. A reduced probationary period is established when the parties conclude a fixed-term employment contract limited to a period of two to six months;
• up to 6 months. Such a long probationary period can be determined when hiring employees for managerial positions (head and deputy head of an organization, chief accountant and his deputy, head of a branch and representative office).

The test for hiring is drawn up in writing by including this condition in the employment contract and familiarizing the employee with the procedure for passing it.

Download a sample employment contract with a trial period

The specifics of concluding an employment contract with a probationary period in the civil service are regulated by the Federal Law of 27.07.2004 N 79-FZ "On the State Civil Service of the Russian Federation".

Extension of the probationary period

The employer is not entitled to extend the probationary period. The supervisory authority represented by Rostrud in its explanations also points out the inadmissibility of its extension.

glavkniga.ru

An employment contract without a probationary period is concluded with the following categories

Employees selected by competition to fill the relevant position.
For example, in accordance with the federal law of 02.03.2007 No. 25-FZ "On municipal service in the Russian Federation", the conclusion of an employment contract with a municipal employee may be preceded by a competition. The competition itself is held in order to assess the professional level of applicants for the position of municipal service, their compliance with the established qualification requirements for the position of municipal service. The competition for filling the position of the municipal service solves the problem of the probationary period in full, therefore the establishment of an additional trial is unnecessary.

Pregnant women and women with children under the age of one and a half years.
This provision applies not only to women with children under the age of one and a half years. But also on other persons raising children of a specified age without a mother.

Minor workers.

Employees who have received secondary vocational education or higher education and who first entered work in their specialty.
In this case, there are two additional conditions:

1. The educational organization must have state accreditation of educational programs (in this case, the graduate will have a state-recognized education document).
2. A graduate of an educational organization must find a job in the received specialty within one year after graduation.

Employees elected to an elective position for a paid job.
For example, a newly elected deputy of the State Duma of the Russian Federation.

Employees invited to work by transfer from another employer as agreed between employers.

Employees who have entered into an employment contract for up to two months.

Summarizing
An employment contract without a probationary period can be concluded with any employee; this requires only the goodwill of the parties to the employment relationship. By virtue of the law, a probationary period is not established at all for certain categories of employees.

Video on the topic "Employment contract without probationary period"

prava-rabotnika.ru

Probationary period under the Labor Code of the Russian Federation

According to the provisions of Art. 70 of the Labor Code of the Russian Federation, a probationary period for an employee can be assigned taking into account the following rules:

1. The presence of mutual agreement of the parties (employer and employee) to include a test condition in the employment contract.
2. Use of the probationary period only in relation to newly hired employees.
3. Indication of such a condition in a written employment contract. Otherwise, the employee is declared admitted to the staff without a trial period. If a person starts to perform work duties without drawing up an employment contract in writing (Article 67 of the Labor Code of the Russian Federation), a separate agreement on the conditions of the test should be signed before the employee's employment begins. Entering a clause on a probationary period during the subsequent drawing up of an employment contract is unacceptable.
4. Extension of all provisions of labor legislation to the employee undergoing testing on an equal basis with other employees. For example, lowering the salary for the trial period contradicts the Labor Code of the Russian Federation, in particular Art. 22 (principle of equal pay for work of identical value).

The test condition should be contained in the order for employment (Article 68 of the Labor Code of the Russian Federation). A note on the acceptance of a person for work with a probationary period is not entered in the work book (clause 3.1 of the Instructions for filling out work books, approved by the decree of the Ministry of Labor of Russia dated 10.10.2003 No. 69).

Duration of the probationary period

The maximum maximum duration of the test period is 3 months, but for certain positions it can be increased to six months, unless otherwise established by federal legislation (Article 70 of the Labor Code of the Russian Federation). These positions include:

• the head (and deputy head) of the organization;
• chief accountant (and his deputy);
• heads of separate divisions of the organization (branch, representative office, etc.).

For persons concluding an employment contract for a period of 2 to 6 months, there is a maximum test duration of 2 weeks (Article 70 of the Labor Code of the Russian Federation).

The lower limit of restrictions on the duration of the test is not established by labor legislation and is determined solely by agreement of the parties - the employee and the employer (regardless of the type of contract, which can be urgent or indefinite). The exception is the requirements of the legislation on civil servants.

The test conditions for persons entering the state civil service are regulated by the Federal Law "On the State Civil Service of the Russian Federation" dated July 27, 2004 No. 79-FZ. The duration of the probationary period in this case is from 1 month to 1 year (i.e., not only the upper, but also the lower threshold is set).

If the period allotted for testing has expired, and the employee continues to work, he is considered to have passed the test for compliance with the assigned work.

Extension of the probationary period under an employment contract

The employer cannot independently decide to extend the trial period. Labor legislation does not allow the establishment of a trial period in excess of those regulated by Art. 70 of the Labor Code of the Russian Federation, temporary restrictions, even if the consent of both parties is obtained.

The probationary period can be extended in cases when the employee was temporarily disabled or was not at work for other reasons (for example, was on leave without pay, served as a juror, etc.). In this case, the test is considered interrupted and resumed after the subject returns to work. Thus, the date of the end of the probationary period fixed in the employment contract is shifted.

The total time for passing the test before the break for the indicated reasons and after it should not exceed the period established by the agreement and labor legislation.

To extend the trial period, an order is issued with the appropriate content with the attachment of documents confirming the grounds for such an extension.

Probationary period for fixed-term employment contract

The possibility of including a test condition in a fixed-term employment contract depends on what kind of work the person is hired to do:

1. Seasonal work (Article 293 of the Labor Code of the Russian Federation). Taking into account the definition of seasonal work, the period of which usually does not exceed 6 months, it is prohibited to set the duration of the test in excess of 2 weeks.
2. Temporary work. Their duration is determined by Art. 59 of the Labor Code of the Russian Federation - up to 2 months, that is, the test in this case is unacceptable (Article 289 of the Labor Code of the Russian Federation).
3. Other work. If an agreement is drawn up between the employer and the employee for a period of 2 to 6 months, a probationary period longer than 2 weeks is not allowed.

Fixing the results of the trial period

The procedure for an employee to pass a test is not regulated by labor legislation. Assessment of an employee for compliance with the assigned work is within the competence of the employer (appeal ruling of the Moscow City Court dated 02.10.2014 in case No. 33-26307 / 14):

• The employer decides for himself how to organize the passing of the test by the newly hired employee. At the same time, all assigned tasks must comply with the functionality regulated by the employment contract and the job description of this specialist (ruling of the Moscow City Court of November 24, 2011 in case No. 33-38122).


• The employer should not create obstacles for the employee to perform his duties and take into account, when analyzing the results of work activity, objective circumstances that could prevent the subjects from achieving their goals, for example, failure to provide a job or idle time due to the fault of the employer (decision of the Savelovsky District Court of Moscow dated 04.03.2009 No. 2-967 / 2009).

The result of passing (failing) the test is recommended to be drawn up by the immediate supervisor of the employee in the form of a written opinion with the attachment of explanatory notes of the subject, testimonies of other employees of the organization, customer reviews and other documents (if any).

Legislation has not established the requirement for such a conclusion, but it can serve as a justification for terminating an employment contract under Art. 71 of the Labor Code of the Russian Federation and be used as evidence in case of an appeal against the fact of dismissal by an employee in court (appeal ruling of the Kaliningrad Regional Court of 04.12.2013 in case No. 33-5165 / 2013).

Dismissal on probation

Art. 71 of the Labor Code of the Russian Federation, it is established that in the event of an unsatisfactory result of the work of an employee who is on probation, the employer can terminate the employment contract with him at any time before the end of the probation period. In this case, the latter is obliged to properly notify the subject of the decision taken:

• The notice must be made in writing.
• The notice is sent at least 3 days before the date of termination of the agreement.
• This document must contain the reasons justifying the employer's adoption of such a decision.
• The notification is announced to the employee against a personal signature. If he refuses to receive this document in the presence of witnesses, an act of refusal is drawn up, which is signed by several witnesses (employees of the organization). A copy of the notice is sent to the home address of the dismissed person by registered mail with acknowledgment of receipt. The deadline for sending is at least 3 days before the date of dismissal.

Dismissal under Art. 71 of the Labor Code of the Russian Federation in case of non-compliance with the notification requirement may be recognized by the court as illegal and entail the reinstatement of the employee at work with payment of compensation and payment for forced absenteeism (see, for example, the decision of the Khabarovsk District Court of the Altai Territory of 12.02.2009 No. 2-11 / 09).

Upon termination of an employment contract under Art. 71 of the Labor Code of the Russian Federation does not provide for the payment of severance pay and coordination with the relevant body of the trade union, but compensation for unused vacation is due (Article 127 of the Labor Code of the Russian Federation).

If the employee himself believes that this job is not suitable for him, he notifies the employer in writing 3 days before the end of the employment relationship. In this case, an entry in the work book is made with reference to clause 3 of part 1 of Art. 77 of the Labor Code of the Russian Federation (termination of an employment contract on the initiative of an employee).

rusjurist.ru

Probationary Legal Notice

Probation - a period limited by the employer during which he will be able to assess the professional and personal qualities of a new employee, to understand whether the company needs such a person.

During the same period, the employee will be able to make a decision for himself on the extension or termination of further activities at the enterprise.

Is it concluded at the time of testing of labor qualities when hiring a potential employee?

The contract must indicate the validity period of the check.

At this time, the newly arrived employee is subject to all the rights prescribed in the Labor Code and in the collective agreement. It is illegal to offer a lower salary during the trial period.

This is stated in article 22 of the Labor Code: for equal work there must be equal pay. The employer usually gets around this law in the following way - does not pay a bonus to the test subject during the test.

The probationary period is issued only for employees who are accepted for this place of work for the first time.

For citizens already working in this organization, this verification condition is not acceptable.

A probationary period is not introduced for all registered employees. Article 70 of the Labor Code lists those categories of citizens for whom it is prohibited to introduce it.

They are the following persons:

• registered citizens in accordance with the passage of the competition for vacancies;
• women with children under 1.5 years old and pregnant;
• persons under 18;
• hired after graduating from special vocational educational institutions and universities for the first time in a year from the date of receipt of the diploma;
• applicants for an elective position that is paid;
• transferred employees with the execution of an agreement between employers;
• temporary employees when drawing up an employment contract up to 2 months.

For an ordinary employee, the period of his verification cannot last longer than three months.

For the management personnel, which can include the head of a department or chief accountant, a period of six months is set.

The lower limit is not indicated. When drawing up a contract lasting from two months to six months, the verification period should not be longer than 2 weeks. Civil servants belong to the exclusive category for the appointment of the test time.

They are subject to Federal Law No. 79 and a contract is concluded with them, in which the verification period is set from 1 month to 1 year (Article 27 of Federal Law No. 79).

If during the probation period an employee falls ill, took a study leave or at his own expense, or was absent for any other valid reasons, the inspection time is extended by the number of days of absence.

A reduction in the duration of the trial period is formalized by the order of the head with the obligatory familiarization of the subject under his personal signature.

If during the inspection period the employer is not satisfied with the performance of the duties by the new employee, then a decision may be taken early to terminate the employment contract.

If the answer is positive about the continuation of work after the end of the test time, no additional orders need to be issued, it is considered that the employee has passed the test.

If the new employee made a favorable impression on the employer, then he has the right to shorten the verification period.

For this, an order is issued stating that the employee's test time is over, indicating the exact date.

If the condition on the introduction of the probationary period in the agreement is not written down, then the employee began to perform his duties without additional testing.

How to draw up such an employment contract? Sample document

Upon admission, an employment contract is drawn up for each employee with a probationary period in paper form in the amount of two copies, one of which is handed over to the employee being accepted.

Document registration is required. It is signed no later than three days after the citizen starts working at the enterprise.

Forms of employment contracts with or without a probationary period do not differ from each other. An enterprise usually uses a template for such a document. It contains information about the test in the following form:

An employee is assigned a hiring test to review his suitability.

The test period is 3 months.

This period does not include days of actual absence.

But the phrase "without a probationary period" or "the contract was concluded for an indefinite period" can be recorded.

Additional mandatory documents are attached to the employment contract with the establishment of the inspection time:

1. job description;
2. planned exit schedule;
3. a list of prices for work performed;
4. confidentiality agreement.

Additional agreements may also be included, which are an integral part of the document and cancel, when issued, the clauses previously indicated in the agreement.

A fixed-term employment contract is concluded for a period not exceeding 5 years in accordance with Article 58 of the Labor Code.

When concluding it, the employer indicates the expiration date of the contract and the reason why the contract cannot be concluded without restriction.

For example, temporary (seasonal) work (Article 293 of the Labor Code), a long trip abroad. But not a period may be indicated, but an event after which the contract will be terminated. For example, an employee's maternity leave.

After termination of a fixed-term contract, no severance pay is required.

Sample employment contract with a probationary employee.

A sample of a fixed-term employment contract with a trial period.

Sample employment contract without a probationary period.

The procedure for terminating such a contract

There are several nuances here:

1. the subject is given written notice.
2. The document is brought to the test subject three days before dismissal.
3. The notice must indicate the reasons for termination.
4. The opinion of the union is not asked.
5. Severance pay is not paid in this situation.

The employee can apply to the court for such a decision.
An employee cannot be dismissed during the probationary period on the days of his actual absence for a good reason.

If himself and
the tested person understands that the new job does not correspond to his ideas, he can also terminate the employment contract with a written notice of 3 days. It is not necessary to indicate the reason in this case.

In almost all organizations, when hiring, the employer sets a probationary period. During this period, the parties to the employment contract look closely and decide for themselves: whether or not to continue working together.

In case of disagreement with further activities at the enterprise, the termination of the contract occurs within 3 days instead of the usual 14 days with a simple contract.

Also, the term is reduced for an employee if the employer decided that the subject is suitable for him.

naim.guru

Probationary period: general provisions and the number of months during which an employee can pass it

In Art. 57 of the Labor Code of the Russian Federation enshrines a set of clauses, the presence of which in the employee's contract with the organization's administration is mandatory. Also, the specified article contains a set of conditions that can be included in the contract at the discretion of the parties (on the requirements for concluding an employment contract in our separate material).

Probation clause Art. 57 of the Labor Code of the Russian Federation refers to the group of optional ones. Therefore, the decision to include him in a contract with a specific employee is in the exclusive competence of the company's management.

Art. 70 of the Labor Code of the Russian Federation indicates that if the management of the organization considers it necessary to determine a probationary period for the employee, then this condition should be included in the contract immediately upon execution. If the parties did not settle this issue when signing the contract, then this means hiring a citizen without a test. In the future, the introduction of such a condition into an agreement with an employee is not allowed.

A similar mechanism is provided for by Art. 70 of the Labor Code of the Russian Federation and in the case when a citizen began his labor activity without signing an employment contract. In this situation, if a contract is subsequently concluded with him, the inclusion of the obligation to undergo the test is unacceptable.

Test duration

According to Art. 70 of the Labor Code of the Russian Federation, the total period for concluding an employment contract with a probationary period is 3 months. At the same time, for certain categories of managerial employees, this period can reach 6 months due to the importance of their activities for the enterprise.

These include:

• heads and chief accountants of organizations, as well as their deputies;
• heads of branches or separate structural divisions.

It is important to remember that if a fixed-term contract is concluded with an employee for up to 2 months, then in this case the employer does not have the right to include a test condition in it. If the duration of the employment contract is from 2 to 6 months, then the test period in this situation should not exceed 2 weeks.

Note that the periods when the employee was not actually at work are not included in the trial period. These can be periods when the employee is on sick leave, on vacation at his own expense, etc.

Probationary employment contract - who does not apply to

Art. 70 of the Labor Code of the Russian Federation defines a list of workers in respect of whom the establishment of a test when hiring is unacceptable.

These include:

• employees whose appointment was based on the results of the competition;
• workers elected to elected positions.
• employees who came to the organization by transfer from another organization;
• employees who received vocational education (secondary or higher) a year before employment or less;
• women who are pregnant or raising children under the age of 1.5 years;
• persons who at the time of employment are under 18 years of age.

How to specify a probationary period in an employment contract?

In practice, 2 clauses are usually added to the standard document to indicate the test conditions in the contract. The first of them states that a probationary period is established for the employee, and also determines its duration.

The second paragraph should indicate a list of criteria that the employee must meet in order to successfully pass the test. Usually we are talking about the discipline of the employee, as well as the sufficiency of professional skills to perform the assigned tasks.

It is best to include both additional points in the first section of the employment agreement, which indicates the position of the employee, as well as the urgency (indefinite term) of the agreement.

Extension or reduction of the probationary period

It is important to remember that Art. 71 of the Labor Code of the Russian Federation expressly prohibits the increase (extension) of the probationary period. That is, if the employee, for example, was assigned a test period of 1 month (less than possible due to the requirements of Article 70 of the Labor Code of the Russian Federation), then its subsequent increase is unacceptable. At the end of this month, the employee will be considered to have passed the test, respectively, his dismissal is possible only in a general manner and on a general basis, like any other employee.

As for the reduction of the trial period, the management of the organization can make such a decision at any time during the trial. In this case, in practice, it is not even required to amend the contract. And the employer only needs to issue an order, which indicates that the employee has successfully passed the test.

It should be noted that during the period of the probationary period, the employee can resign of his own free will on a preferential basis. For this, in accordance with Art. 71 of the Labor Code of the Russian Federation, it is only enough to notify the management of the organization about your desire 3 days before the expected date of dismissal, and not 2 weeks, as required by Art. 80 of the Labor Code of the Russian Federation for other employees.

Probationary employment contract - form and sample

The following document can be used as an employment contract form:

Download form

The attached file contains a standard open-ended employment contract with an employee, for whom a specific job will be the main one, and the duration of the probationary period is 3 months. A sample employment contract with a trial period can be downloaded from the link:

Download sample

It is important to remember that during the test, the employee is subject to all local regulations in force in the organization that regulate his working conditions, without any special restrictions or exemptions. Accordingly, Art. 70 of the Labor Code of the Russian Federation expressly prohibits the establishment of any discriminatory requirements (in terms of labor standards, wages, etc.).

In case of successful passing of the test, the organization's management is not required to issue any additional documents, for example, an order, which is specified in Art. 71 of the Labor Code of the Russian Federation.

Dismissal while undergoing probation - law and court practice

According to Art. 71 of the Labor Code of the Russian Federation, in the event that an employee has shown unsatisfactory results when passing the test, the organization's management has the right to dismiss him in a simplified manner. To do this, the employer must notify the employee 3 days before dismissal.

It is important to remember that upon dismissal due to the presence of unsatisfactory results when passing the test, the management of the organization does not need to seek the views of representatives of workers (trade union organization), as well as to pay the employee severance pay.

Accordingly, the same Art. 71 of the Labor Code of the Russian Federation gives the employee the right to appeal against dismissal in court. However, the norms of the Labor Code of the Russian Federation do not decipher the concept of "unsatisfactory results", do not indicate how the management of the organization and the dismissed employee should argue their case. Since in practice this gap in the norms of the Labor Code of the Russian Federation leads to numerous disputes and conflicts, we turn to the judicial practice of resolving them.

Probationary employment contract - courts' position on dismissal

The basic document defining the judicial interpretation of this issue is the resolution of the Plenum of the RF Armed Forces "On the application of ..." dated 17.03.2004 No. 2. In paragraph 23 of the indicated document, the Plenum of the Armed Forces indicates that in the event of a dispute in court of illegal, in the opinion of the employee, dismissal proving the legality of this procedure is fully entrusted to the management of the organization.

As noted in the judicial acts of the regional courts, for example, in the appellate rulings of the Trans-Baikal Regional Court in cases No. 33-244-2014 and 33-5077-2013, Art. 71 of the Labor Code of the Russian Federation gives the management of the organization during the probationary period the right to assess the business and professional qualities of an employee, which are determined in accordance with his compliance with his job duties (compliance with labor standards, maintaining discipline, compliance with the requirements of the Labor Code of the Russian Federation and local regulations).

At the same time, dismissal is unacceptable due to the personal qualities of the employee, as well as for subjective reasons based on the opinion of the employer. Consequently, in order to confirm the justification of the dismissal, the management must provide objective evidence that the employee is not doing the job assigned to him, is undisciplined, etc.

Dismissal criteria

In the appellate ruling of the Rostov Regional Court dated 18.12.2014 No. 33-17069 / 2014 it is noted that Art. 71 of the Labor Code of the Russian Federation, there is no clear list of circumstances that may indicate negative results of an employee passing the test. This position of the legislator, according to the judges, testifies to the variety of circumstances (a complete list of which cannot be registered in the Labor Code of the Russian Federation) that make it possible to dismiss an employee.

However, an approximate list of evidence that allows management to prove their innocence when an employee is fired is defined in court decisions.

The City Court of St. Petersburg, in its ruling dated 09.29.2011 No. 33-14786 / 2011, indicated that the following can serve as evidence of the legality of the employee's dismissal when passing the test:

• acts of non-fulfillment (improper or untimely fulfillment) of labor standards;
• documented release of defective products;
• acts (memoranda) on violation by the employee of the internal regulations at the enterprise;
• other documents testifying to the failure to fulfill the labor duties assigned to the employee.

The definition of the Moscow City Court dated 12.12.2014 No. 33-46262 / 14 also includes among a number of admissible evidences testifying to the right of the organization's management to dismiss an employee due to negative test results:

• testimony of witnesses confirming these facts;
• dismissal warnings;
• minutes of administrative meetings, etc.

***

Summing up, we note that the establishment of a test condition in the employment agreement allows the organization's management to make sure of the professionalism and discipline of the employee hired within the allotted time. And if the employee does not meet the requirements, part with him in a simplified manner. We remind you that at the link above you can download the form and sample of the employment contract for a trial period.

nsovetnik.ru

EMPLOYMENT CONTRACT with the director (urgent; no probationary period)

1. THE SUBJECT OF THE AGREEMENT

1.1. The Employer instructs, and the Employee assumes the performance of labor duties in the position of director in _____________________.

1.2. Work under this contract is the main one for the Employee.

1.3. The Employee's place of work is _____________________ at the address: ________________.

1.4. The employee reports directly to _______________.

1.5. The Employee's labor under this contract is carried out under normal conditions. Labor duties of the Employee are not associated with the performance of heavy work, work in areas with special climatic conditions, work with harmful, dangerous and other special working conditions.

2. TERM OF THE CONTRACT

2.1. The employee must start performing his job duties from "___" _________ ____.

2.2. This agreement is urgent and is valid until "___" _____ ____

2.3. The basis for concluding a fixed-term employment contract is _____________.

3. CONDITIONS OF EMPLOYEE PAYMENT

3.1. For the performance of labor duties, the Employee is set an official salary in the amount of ______ (_________) rubles per month.

3.2. The employer sets incentive and compensatory payments (additional payments, allowances, bonuses, etc.). The sizes and conditions of such payments are defined in the Regulations on bonuses for employees "__________", with which the Employee is familiarized when signing this agreement.

3.3. If the Employee, along with his main job, performs additional work in another position or fulfills the duties of a temporarily absent employee without being relieved of his main job, the Employee is paid an additional payment in the amount of __% of the salary for the combined position.

3.4. Overtime is paid for the first two hours of work in one and a half amount, for the following hours - in double the amount. At the request of the Employee overtime work instead of the increased pay, it can be compensated by the provision of additional rest time, but not less than the time worked overtime.

3.5. Work on weekends and non-working holidays is paid in the amount of one part of the official salary per day or hour of work in excess of the official salary, if work on a weekend or a non-working holiday was performed within the monthly norm of working time, and in the amount of double part of the official salary per day or hour work in excess of the official salary, if the work was performed in excess of the monthly norm of working time. At the request of the Employee, who worked on a weekend or a non-working holiday, he may be given another day of rest. In this case, work on a weekend or a non-working holiday is paid in a single amount, and the day of rest is not payable.

3.6. Downtime due to the fault of the Employer is paid in the amount of two thirds of the Employee's average salary.

Downtime for reasons beyond the control of the Employer and the Employee is paid in the amount of two-thirds of the official salary, calculated in proportion to the downtime.

Downtime due to the fault of the Employee is not paid.

3.7. Wages are paid to the Employee by issuing cash money at the Employer's cash desk (by transferring to the Employee's bank account) every half month on the day established by the internal labor regulations.

3.8. Deductions can be made from the employee's salary in cases provided for by the legislation of the Russian Federation.

4. MODE OF WORKING TIME AND REST TIME

4.1. The employee is assigned a five-day working week with two days off - ________________.

4.2. Start time: __________.

End of work: ___________.

4.3. During the working day, the Employee is given a break for meals and rest, which is not included during working hours.

4.4. The employee is provided with annual paid leave of ___ (at least 28) calendar days.

The Employee has the right to take leave for the first year of work after six months of his continuous work with this Employer. By agreement of the parties, paid leave may be granted to the Employee even before the expiration of six months. Leave for the second and subsequent years of work can be granted at any time of the working year in accordance with the vacation schedule.

4.5. For family reasons and other valid reasons, the Employee, on the basis of his written application, may be granted unpaid leave for the duration established by the labor legislation of the Russian Federation and the Internal Labor Regulations "______________".

5. RIGHTS AND OBLIGATIONS OF THE EMPLOYEE

5.1. The employee is obliged:

5.1.1. Fulfill in good faith the following job duties:

- to carry out the release of new and renewable productions, to ensure their high artistic level;

- to conduct rehearsals;

- supervise the work of the artistic and staging part of the preparation and release of performances;

- submit proposals to the management about the composition of the production groups in the performances being carried out;

- to carry out scheduled, urgent and emergency entries into previously staged performances;

- to control the preservation of the artistic level of staged performances during their operation at the hospital, on trips and tours;

- ensure the observance of labor, production and creative discipline during rehearsals, performances and classes;

- participate in the organization and conduct of events to improve the professional skills of creative workers;

- to participate in the promotion of theatrical and musical art, attracting spectators, expanding creative ties.

5.1.2. Observe the Internal Labor Regulations "___________" and other local regulations of the Employer.

5.1.3. Observe labor discipline.

5.1.4. Comply with labor standards if established by the Employer.

5.1.5. Comply with labor protection and labor safety requirements.

5.1.6. Take good care of the property of the Employer and other employees.

5.1.7. Immediately inform the Employer or direct supervisor about a situation that poses a threat to the life and health of people, the safety of the Employer's property.

5.1.8. Do not give interviews, do not hold meetings and negotiations concerning the activities of the Employer, without the prior permission of the management.

5.1.9. Not to disclose information constituting a commercial secret of the Employer. Information that is a commercial secret of the Employer is defined in the Regulations on commercial secret "____________".

5.1.10. By order of the Employer, go on business trips in Russia and abroad.

5.2. The employee has the right to:

5.2.1. Providing him with work stipulated by this contract.

5.2.2. Timely and in full payment of wages in accordance with their qualifications, work complexity, quantity and quality of work performed.

5.2.3. Rest, including paid annual leave, weekly weekends, non-working holidays.

5.2.4. Compulsory social insurance in cases stipulated by federal laws.

5.2.5. Other rights established by the current legislation of the Russian Federation.

6. RIGHTS AND OBLIGATIONS OF THE EMPLOYER

6.1. The employer is obliged:

6.1.1. Comply with laws and other regulatory legal acts, local regulations, the terms of this agreement.

6.1.2. Provide the Employee with work stipulated by this contract.

6.1.3. Provide the Employee with the equipment and documentation necessary for the performance of his job duties.

6.1.4. To pay in full the wages due to the Employee within the terms established by the Internal Labor Regulations.

6.1.5. To provide for the everyday needs of the Employee related to the performance of his labor duties.

6.1.6. Carry out compulsory social insurance of the Employee in the manner prescribed by federal laws.

6.1.7. Perform other duties established by the current legislation of the Russian Federation.

6.2. The employer has the right:

6.2.1. Encourage the Employee for conscientious and effective work.

6.2.2. Require the Employee to fulfill the labor duties specified in this contract, respect the property of the Employer and other employees, and comply with the Internal Labor Regulations.

6.2.3. Bring the Employee to disciplinary and material liability in the manner prescribed by the current legislation of the Russian Federation.

6.2.4. Adopt local regulations.

6.2.5. Exercise other rights provided for by the current legislation of the Russian Federation, local regulations.

7. EMPLOYEE SOCIAL INSURANCE

7.1. The employee is subject to social insurance in the manner and under the conditions established by the current legislation of the Russian Federation.

8. WARRANTIES AND COMPENSATIONS

8.1. For the period of validity of this agreement, the Employee is subject to all guarantees and compensations provided for by the labor legislation of the Russian Federation, local acts of the Employer and this agreement.

9. LIABILITY OF THE PARTIES

9.1. In case of non-fulfillment or improper fulfillment by the Employee of his duties specified in this contract, violation of labor legislation, the Employer's internal labor regulations, other local regulations of the Employer, as well as causing material damage to the Employer, he bears disciplinary, material and other liability in accordance with the labor legislation of the Russian Federation ...

9.2. The Employer bears material and other liability to the Employee in accordance with the current legislation of the Russian Federation.

9.3. In the cases provided for in the law, the Employer is obliged to compensate the Employee for moral damage caused by unlawful actions and / or inaction of the Employer.

10. TERMINATION OF THE CONTRACT

10.1. This employment contract may be terminated on the grounds provided for by the current labor legislation of the Russian Federation.

10.2. The day of termination of the employment contract in all cases is the last day of work of the Employee, except for cases when the Employee did not actually work, but his place of work (position) remained.

11. FINAL PROVISIONS

11.1. The terms of this employment contract are confidential and cannot be disclosed.

11.2. The terms of this employment contract are legally binding on the parties from the moment it is signed by the parties. All changes and additions to this employment contract are formalized by a bilateral written agreement.

11.3. Disputes between the parties arising from the performance of an employment contract are considered in the manner prescribed by the current legislation of the Russian Federation.

11.4. In everything else that is not provided for by this employment contract, the parties are guided by the legislation of the Russian Federation governing labor relations.

11.5. The Agreement is drawn up in two copies with the same legal force, one of which is kept by the Employer, and the other - by the Employee.

12. DETAILS OF THE PARTIES 12.1. Employer: ___________________________________________________ Address: ____________________________________________________________________ TIN ___________________________, KPP ______________________________________ R / s ____________________________ at ________________________________________ BIK ___________________________. 12.2. Employee: _______________________________________________________ passport: series __________, number __________, issued by ________________________ __________________________ "__" __________ ___, unit code _______, registered at: ____________________________________________. 13. SIGNATURES OF THE PARTIES Employer: Employee: ____________ / ___________ _____________________ M.P.

Source - Kasenov Ye.B.

blank-obrazets.ru