In what cases is a probationary period established?
According to the Labor Code of the Republic of Belarus, a probationary period is a period of time to check the compliance of an employee with the work performed. It is preliminary in nature, that is, it can be set only once when an employee is hired.
The Labor Code clearly states that a probationary period cannot exceed three months. In case of excess, we are talking about the deterioration of the position of the employee, the infringement of his rights. At the same time, the legislation does not stipulate the minimum duration of the probationary period. It can be one day or a week.
The purpose of the probationary period is to identify the qualities of the employee, the ability to perform this work. Based on the results of the probationary period, a decision is made to hire an employee.
It is important to note that a probationary period is possible only with an employee with whom an employment contract has already been concluded. The employer and the employee who are in an employment relationship have the right to agree on a probationary period.
A clause on the establishment of a probationary period must be included in the employment contract without fail.
Who can not be set a probationary period in Belarus
The Labor Code contains exceptions to the establishment of a probationary period. So, you cannot establish a probationary period:
– persons under the age of 18;
– disabled people;
– to persons transferred to another locality or to another employer;
– young workers;
– Young professionals;
– temporary and seasonal workers;
– in other cases.
In what cases can an employee leave the probationary period
The legislation contains rules on a simplified procedure for terminating an employment contract concluded with a trial. Both the employee and the employer have the right to terminate the employment contract before the expiry of the probationary period. In this case, the party is obliged to notify the other party of its desire to terminate the contract no later than 3 days in advance. This must be done in writing.
In what cases does an employer have the right to dismiss an employee from a probationary period
The employer has the right to terminate the employment contract with a preliminary test if the employee objectively does not correspond to the position and cannot properly perform the labor function for this job.
The Labor Code obliges the employer, in the event of termination of an employment contract with a preliminary test, to indicate the reasons why it is terminated. If the employee does not agree with the dismissal, he has the right to go to court.
Upon termination of the employment contract on the initiative of the employer, he must notify the employee in writing at least 3 days in advance. In this case, the employee can be dismissed for any of the grounds provided for by labor legislation.
Thus, an employment contract with a probationary period can be terminated before its expiration, or on the day of the end of the probationary period.
If the employment contract is not terminated and the employee continues to perform the labor function after the end of the probationary period, then the employment contract is considered extended, and the general norms of labor legislation begin to apply to the legal relationship between the employee and the employer.
Probationary remuneration
It must be remembered that the period of temporary disability of the employee is not counted during the probationary period. Probationary wages should not be reduced compared to permanent workers.
The above is also true for the calculation of premiums. So, a reduction in the amount of bonuses or non-payment to employees with whom an employment contract with a preliminary test has been concluded is not allowed.
Is it possible to go on vacation on a trial period
According to labor law, vacation can only be taken after 6 months of work with the employer. With regard to the probationary period, the legislator establishes its maximum duration – 3 months.
Thus, we can conclude that the employee does not have the right to go on vacation during the probationary period. A probationary period is established to check the employee’s ability to perform this work, and the employee is obliged to work for the entire agreed period.
