Who can be given a probationary period? Who cannot be tested

New edition of Art. 70 Labor Code of the Russian Federation

When concluding an employment contract, by agreement of the parties, it may include a provision for testing the employee in order to verify his compliance with the assigned work.

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

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

A hiring test is not established for:

persons elected through a competition to fill the relevant position, conducted in the manner established by labor legislation and other regulatory legal acts containing labor law norms;

pregnant women and women with children under the age of one and a half years;

persons under the age of eighteen;

persons who have received secondary vocational education or higher education in state-accredited educational programs and are entering work for the first time in the acquired specialty within one year from the date of receiving vocational education at the appropriate level;

persons elected to elective positions for paid work;

persons invited to work by way of transfer from another employer as agreed between employers;

persons concluding an employment contract for a period of up to two months;

other persons in cases provided for by this Code, other federal laws, and a collective agreement.

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

When concluding an employment contract for a period of two to six months, the probationary period cannot exceed two weeks.

The period of temporary incapacity for work and other periods when the employee was actually absent from work are not included in the probationary period.

Commentary on Article 70 of the Labor Code of the Russian Federation

The restrictions associated with the establishment of a test for persons applying for work when concluding an employment contract deserve special consideration. The purpose of such a test is to check the compliance of the employee’s professional qualities with the work (labor function) assigned to him in accordance with the employment contract.

It is understood that if the test result is positive, the employee will continue to work at the enterprise. If an employee is found to have failed the test, he is usually subject to dismissal upon expiration of the probationary period.

The general procedure for conducting such a test is set out in Article 70 of the Labor Code of the Russian Federation. If a test is imposed upon an employee upon joining a job, the employment contract must contain a corresponding provision regarding this.

However, it should be borne in mind that the employment test cannot be established in relation to certain categories of persons.

In all of the above cases, the probationary period cannot exceed 3 months, and for certain categories of workers it can be reduced to two weeks. For heads of enterprises, their deputies, chief accountants and their deputies, as well as heads of branches, representative offices, territorial offices and other separate structural divisions of enterprises, the probationary period cannot exceed 6 months, unless otherwise established by federal law.

The period of temporary disability of the employee and other periods of his actual absence from work are not included in the probationary period. At the same time, we emphasize that during the probationary period, the employee is subject to the provisions of the Labor Code of the Russian Federation, laws, other regulations, as well as local acts of the enterprise containing labor law norms (collective agreement, agreement, etc.).

Note that the duration of the trial is fixed when concluding an employment contract as a component of one of its additional conditions. Changing the duration of the test is allowed only by mutual agreement of the parties to the labor relationship and only within the deadlines specified above.

Another comment on Art. 70 Labor Code of the Russian Federation

1. The probation clause, being an optional condition of the employment contract, is included in its content by agreement of the parties. It cannot be established by the employer unilaterally outside of the employment contract. Accordingly, if the specified condition is not specified in the employment contract, the employee is considered hired without testing. It is impossible to establish a test after the conclusion of a contract either by an act of the employer or by an additional agreement of the parties.

An exception to this rule is provided for the field of civil service, when the test, firstly, is established by virtue of a direct prescription of the law, i.e. is a non-contractual term; secondly, it is possible not only when concluding a service contract, but also subsequently, when transferring from one civil service position to another.

2. In some cases, the probationary condition is provided not by the employment contract, but by the act of appointment to the position, and the employment contract is concluded based on the results of the trial.

Thus, in accordance with the legislation on service in the customs authorities, a citizen who has submitted an application for admission to the service to the customs authorities and all the necessary documents, when testing is established for him, is assigned to the appropriate position as a trainee for the period of testing. The time spent working as an intern is counted towards the length of service in the customs authorities.

The condition of the trial and its duration are indicated in the order of appointment to the position.

During the test period, a contract for service in the customs authorities is not concluded with the citizen.

Similar norms are established by legislation on other types of public service.

3. Legislation establishes the maximum permissible period of probation. As a general rule, the probationary period cannot exceed three months, and for heads of organizations and their deputies, chief accountants and their deputies, heads of branches, representative offices and other separate structural divisions of organizations - six months, unless otherwise provided by federal law.

The rules of law defining the deadlines for probation are mandatory in nature and cannot be the subject of agreement between the parties to the employment contract. In other words, when concluding a contract, the parties can determine the trial of any duration, but within a period of three or six months, respectively. The parties have the right to revise the trial period, provided that the original trial period has not expired and the total duration of the trial does not exceed three (six) months. Thus, in accordance with the Law of the Russian Federation of January 17, 1992 N 2202-1 “On the Prosecutor’s Office of the Russian Federation”, the probationary period during service can be reduced or extended within six months by agreement of the parties (Article 40.3).

Federal Law of July 27, 2004 N 79-FZ “On the State Civil Service of the Russian Federation” provides not only the maximum, but also the minimum duration of the test - from three months to one year (Article 27), and the Decree of the Government of the Russian Federation of July 5 2000 N 490 “On testing for appointment to a public position in the federal public service by the Government of the Russian Federation” establishes a clearly fixed testing period for filling relevant positions - three months.

For workers hired for a period of two to six months (including for seasonal work), the probationary period cannot exceed two weeks (see Article 294 of the Labor Code of the Russian Federation and the commentary thereto).

In accordance with Art. 70 of the Labor Code of the Russian Federation, the period of temporary disability and other periods when the employee was actually absent from work are not included in the probationary period. Consequently, for any absence from work (both for valid and unexcused reasons), including multi-day absenteeism, the probationary period is automatically extended by the number of days of absence from work.

5. The probationary condition cannot serve as a basis for limiting the employee’s labor rights in terms of remuneration, work and rest schedule and other labor rights. During the testing period, he is subject to the provisions of labor legislation, local regulations, collective agreements, agreements (see also paragraph 1 of the commentary to Article 71 of the Labor Code of the Russian Federation).

At the same time, some features of the legal status of the person undergoing testing are established by law.

First of all, the Code establishes specifics in the procedure for terminating an employment contract based on the results of the test (see Articles 71, 77 of the Labor Code of the Russian Federation and the commentary thereto).

Restrictions in the exercise of powers are usually associated with the activities of an official as a representative of the state. For example, a trainee holding the position of a customs officer does not have the right to independently make decisions on customs clearance of goods and vehicles, accrual and collection of customs duties and fees, and perform other administrative and power actions in his position.

A civil servant is not assigned another qualification rank (class rank, special rank) until the end of the probationary period.

6. As follows from the content of Art. 70 Labor Code, the test is established by the parties when concluding an employment contract. Based on this, two groups of circumstances should be taken into account.

Firstly, the legislation distinguishes between the moments of concluding an employment contract, its entry into force and the start of work. These three points may not coincide in time (see Article 61 of the Labor Code of the Russian Federation and the commentary to it), therefore it is necessary to distinguish between two aspects of the test condition - the date of establishment and the date of the beginning of its course. If the probationary condition is established when concluding an employment contract, i.e. acts as an element of the content of the contract formed by the parties, then the beginning of this condition must be associated with the moment the work begins (for in any case, the time a person is absent from work is not included in the probationary period).

Recruiting personnel for any organization is an important and very difficult matter. Employers often maintain entire HR services, create their own system for searching and evaluating applicants, and turn to professional recruitment agencies, but these measures do not always give the desired result. Even multi-level interviews and the presence of recommendations from the candidate cannot guarantee that the potential employee has the necessary competence, discipline and other characteristics that carry the greatest weight in the eyes of the employer. As you know, it is quite difficult to fire a person on the initiative of the employer. And so that the company can easily get rid of a newly hired employee who turned out to be not so good, labor legislation allows him to be placed on a probationary period.

The trial period is a unique opportunity for the administration and colleagues to take a closer look at the newcomer, evaluate his professional and personal qualities, on the basis of which they can make a decision on further interaction. At the same time, the employee himself tries himself in the business, tries to join the team and checks to what extent the working conditions promised at the interview correspond to reality. Having realized that this is “not his” place, he has every right to quit within 3 days and not waste his and other people’s time on unpromising cooperation. Thus, the candidate will be able to immediately start looking for more interesting offers, and the former employer will be able to select a suitable applicant.

True, it is not so easy to sever an employment relationship with an employee who does not believe that he failed the test. The organization's decision to part with such an employee must be justified and supported by relevant documents. It is important to strictly follow all procedures related to the probationary period - this will avoid problems with the dismissal of a careless newcomer.

Assignment of probationary period

An applicant is admitted for a probationary period only with his consent. This condition must be present in the employment contract, otherwise the employee has every right to begin his duties immediately as a “full-fledged” employee.

According to the letter of the law, the establishment of a probationary period is possible only at the time of employment. You cannot assign a test “retroactively” when the new person has already taken office and started working. There is also a ban on testing for “old-timers” who are transferred to another job, even if the new position is a leadership one. Promotion or transfer of an employee on probation to another position means that the test was completed successfully and completed ahead of schedule.

There are a number of persons for whom the Labor Code of the Russian Federation prohibits establishing a probationary period. These include:

  • minors;
  • pregnant women and women with children under 1.5 years of age;
  • graduates of universities and colleges applying for a job in their specialty for the first time within a year after receiving their diploma;
  • winners of the competition to fill a vacant position;
  • entering into elective office;
  • those who came on transfer from another job;
  • those entering into a short-term employment contract (up to 2 months);
  • other categories of employees, established by legal norms and the provisions of the organization’s collective agreement.

An employer who has established a probationary period for the above-mentioned persons may incur administrative liability up to and including suspension of the enterprise's activities, but such punishment is not always applied. The fact is that the organization’s responsibilities do not include establishing the “benefits” available to the employee during the probationary period. If on the day of registration for a job the applicant has not presented supporting documents to the personnel service, then the test that is contrary to the law is recognized as legal.

Duration of probationary period

The standard trial period for most beginners is 3 months. Exceptions to this rule are listed in Art. 70 of the Labor Code and include 2 categories of employees:

  1. For management employees, chief accountants and their deputies, the probationary period can be set for a period of up to 6 months.
  2. Those working under a fixed-term employment contract (from 2 months to six months) undergo the test within a maximum of 2 weeks.

The appointed period is necessarily fixed in the employment agreement and cannot exceed the maximum established for this category of employees. The employer may initially hire a person for a shortened probationary period, but in this case, he no longer has the right to extend it without the consent of the subject.

How to determine the end date of the test? Firstly, the duration is calculated in calendar days, that is, holidays and weekends are included. Secondly, the days that the “new guy” was sick or took at his own expense are excluded from the probationary period.

Registration of a probationary period

If management, based on the results of the test, decides that the employee is not suitable for working in the company, it will not be possible to dismiss him solely on the basis of a clause in the employment agreement. How to properly arrange a probationary period so that, if necessary, you can say goodbye to a new employee painlessly?

  1. The employment order must include a record of the probationary period and its duration.
  2. Evaluation of a newbie's performance cannot be subjective. The employer must develop and formulate on paper clear criteria for suitability for the position held. These can be special tasks, specific indicators that the subject undertakes to achieve within a certain period of time. All tasks are completed in writing and submitted to the employee for review and signature. Such a document is a list of tasks with a description of the result that should be obtained in the course of their solution, and specific deadlines for completion.
  3. The employer is obliged to regularly monitor the newcomer’s achievement of the established indicators. Each fact of dishonest performance of duties must be recorded officially: in an act, memo, report, which will indicate which of the assigned tasks the employee failed to cope with. It is these documents that will serve as proof that the subject was not up to the task.

Dismissal of the subject

How to fire an employee who has not completed the probationary period? The employer must prepare for the end of the probationary period in advance, namely, draw up a notice and promptly familiarize the dismissed person with it. This must happen at least 3 days before the date of termination of the employment relationship.

Since the probationary period is calculated in calendar days, the moment it ends may coincide with a weekend or holiday when it is impossible to formalize dismissal. In this case, the date of dismissal should be considered the working day before the day off, which means that the employee must be notified even earlier.

What is a notification? This is a document that informs the employee that he has not completed the probationary period, indicating all recorded facts of unsatisfactory performance of duties and links to supporting memos. On the notice of dismissal, the subject puts a signature and date of review.

It is worth paying special attention to this point: if the HR service misses the deadline for transmitting the notice, it will lead to the fact that the “rejected” newcomer will, as if nothing had happened, work in his place, and it will become almost impossible to fire him on the initiative of the employer. An employee who has not received the employer’s decision within the time period established by law can rightfully consider himself to have passed the test and continue to work peacefully.

If by the end of the term the employee is ill or absent for any other reason, the test is accordingly extended, and the date of dismissal is postponed to the moment when the person reports to the workplace.

However, the subject can leave on his own without waiting for the end of the probationary period. To do this, he just needs to submit an application to the manager of his own free will. In this case, the employer does not have the right to demand work off and is obliged to calculate it within 3 days.

Hiring employees for a probationary period is an excellent opportunity for an employer to form a highly professional team, leaving only “battle-tested” personnel on staff. However, ignorance or ignorance of the nuances that accompany the registration of a probationary period reduces all the benefits of such employment to zero. If the employer violates the procedure for passing the test, he will not only not be able to get rid of what he considers an incompetent new employee, but there is also a high risk of getting problems with the labor inspectorate and the administrative code.

If the test is not properly completed, the former employee can appeal the dismissal in court, and as a rule, a decision in his favor should be expected. Often in such disputes, judges side with the plaintiffs and find them wrongfully fired. The result of such a verdict is disappointing for the organization - reinstatement of an unnecessary employee in his position and payment of monetary compensation to him in the amount of wages for the time he was forced to be absent from the workplace.

You will learn about registration of IP in a fixed-term and permanent employment contract.

If the company has been in existence for more than a year, then it usually develops its own specific algorithm for checking new employees during the trial period. For this purpose, the management is developing a special regulation.

The Labor Code establishes certain categories of workers for whom it is prohibited to introduce a probationary period:

  • pregnant women;
  • young people under 18 years of age;
  • specialists who are registered in the order of transfer, those who entered by competition and some others.

What is the regulation on the procedure for passing the IP?

This document describes in great detail the general provisions on the procedure for passing the verification period and specifically describes the procedure itself.

  1. The tasks and goals, the criteria by which the subject will be assessed, are indicated.
  2. The terms and reasons why it is possible to reduce them are determined (its duration cannot exceed 3 months - Article 70 of the Labor Code of the Russian Federation).
  3. A curator is appointed and an individual plan is drawn up for the period of professional suitability testing.
  4. The procedure and deadline for reporting test results is prescribed.

Start

The probationary period always starts from the very first working day. It is impossible to install it if a person has already worked at the enterprise for some time (at least for a few days).

How to get?

To successfully complete this probationary period, you do not need to do anything special; you just need to conscientiously and efficiently carry out all the tasks set by management. First, you should carefully study your job description, your responsibilities, and do not hesitate to ask advice from experienced colleagues.

You need to listen to competent criticism, respond adequately to it and correct your shortcomings and mistakes. A specific individual plan is drawn up for each employee for this period., which identifies control tasks.

Work plan

  1. What it is?

    This is a document containing several thematic sections, each of which includes the following questions:

    • A specific task for the employee (professional).
    • The timing of its execution (exact number of hours or days).
    • Actual result.
    • Expected Result.
    • Curator's comments.
  2. Who composes?

    Typically, an experienced HR employee or immediate supervisor is involved in drawing up such a plan.

  3. What is it needed for?

    The plan is drawn up in order to understand whether a given employee is capable of effectively and competently performing his job duties, and in order to avoid possible conflict situations in the future.

A sample assignment for a probationary period (approximate plan) can be downloaded below:

Tasks

It is allowed to set only those tasks that correspond to the job responsibilities of the subject. It is also necessary to take into account the possibility of an objective assessment based on the results of their implementation.

Employee adaptation

Adaptation in any team is not an easy process, because a new person joins an existing team. Of course, he needs to be helped, not left without support, and appointed a curator to help him during the probationary period.

Who is watching the newcomer during this period?

To participate The following may be involved in monitoring and monitoring the correct execution of tasks:

  1. the immediate supervisor of the tested employee;
  2. mentor;
  3. curator;
  4. observer.

It is also possible to create commissions, but this practice is usually only suitable for large enterprises.

What are they looking at?

During this period, monitor:

  • the ability to quickly master various skills and learn;
  • quality of performance of official duties;
  • desire and ability to quickly correct mistakes;
  • compliance with labor discipline and internal regulations;
  • how a person copes with unexpected problems and stress;
  • communication skills, communication skills.

End of test

Certification at the end of this time period is perhaps the most ideal option for completing it. That is, a new employee undergoes exactly the same test (suitability for the position) as everyone else, according to the certification regulations developed in the organization.

When does it end?

This period is considered completed when the time period established for the IP ends (it is indicated in the employment contract).

results

The results at the end of this test may be either positive or negative.. Well, of course, a negative result is much less common, because usually already in the first 3–4 weeks it becomes clear whether a person is coping with the assigned tasks or not. Therefore, more often than not, they part with an unsuitable employee who just doesn’t work out earlier.

Attention! If during the testing process the employee realizes that this place is not suitable for him, in order not to waste time, he must notify the employer 3 days in advance (in writing) and.

Report


The most important document is the progress report., which is prepared after the end of the tests. It precisely reflects the employee’s ability to perform his job duties.

  1. Who writes?

    The report is usually compiled by the curator assigned to the subject.

  2. How to compose it?

    It is not difficult to write a report; it must strictly correspond to the specific test plan developed earlier. It should be described in detail, for each task set in the plan - how it was completed, what mistakes were made, how they were corrected. It is convenient to use a point scale in such a report; it will look more objective.

  3. During what period?

    The report must be ready no later than 2 weeks before the end of the verification period.

Characteristic

After the testing period, the employee’s character reference is drawn up by his immediate supervisor. It reflects not only his business qualities, but also his ability to work in a team, mobility, social adaptation, level of culture and stress resistance. This characteristic is then attached to the report (based on test results).

Conclusion about the passage

The conclusion is already a final document; it is prepared on the basis of the two previous ones (report and characteristics). This document analyzes and summarizes all the results of labor activity during the designated period.

An example of a probation report can be downloaded below:

This conclusion is most often prepared by a HR specialist or one of the new employee’s experienced, qualified colleagues.

Actions of the employer after the expiration of IP

At the end of the probationary period, after all the necessary documentation has been prepared, the employer studies it and then makes a decision - such an employee is needed or he is not suitable. Accordingly, further events depend on this decision; either happens, or the person becomes an equal member of the team.

How is the employee registered after the test?


It often happens that the probationary period has already ended, but the employee continues to work, this means (according to Article 71 of the Labor Code of the Russian Federation) that the test has been successfully passed. That is, it turns out that the employer may not notify the person about this. But it’s better to do this in order to set your employee up for successful activities in the future.

If, at the end of the test period, an unsatisfactory assessment is received, then the person must be warned 3 days before the date of dismissal (Article 71 of the Labor Code of the Russian Federation), in writing and against signature. The trial period ended ahead of schedule (was shortened).

Conclusion

Practice most often shows that a probationary period is still needed. It is not so easy to find a qualified, intelligent, suitable employee for a particular job. After all, a person may be interested in an interview and make a very good impression, but how he can cope with specific job responsibilities is something that can only be understood in practice.

When hiring, each of us faced a probationary period. During this time, the employer evaluates the potential employee’s abilities and makes a decision on his further employment. However, recently, unscrupulous employers have been trying to circumvent the norms established by law. To protect yourself from deception at a new place of work, we recommend that you refer to the presented article.

How long can the probationary period last under the labor code?

The procedure for hiring new personnel is regulated by articles of the Labor Code of the Russian Federation. According to the relevant legal act, the following periods of probation are defined:

  • One month;
  • Three months;
  • Six months.

The law also provides some rules for establishing the duration of this time:

  • The test for hiring a new job must be established when concluding an employment contract;
  • The test period cannot be determined subsequently. This procedure should be carried out at the initial stage;
  • In accordance with the Labor Code of the Russian Federation, the verification period for a new employee should not exceed 3 months. A certain category of persons may act as an exception;
  • If the worker was not present at work for any reason, the probationary period is extended for the duration of the trainee’s absence;
  • There is no provision for reducing the test time. However, the employer can personally terminate the contract if the employee does not satisfy the organization's requests. Notification of the decision must be made 3 days before cancellation. A manager may also hire an intern prematurely.

Labor laws designate representatives who may be exempt from inspections. The list of named persons is as follows:

  • Pregnant women or women who have children under two years of age;
  • Minor representatives;
  • Young professionals who have graduated from an educational institution;
  • Employees specially invited to the proposed position;
  • Disabled people.

How long can the probationary period last when hiring without registration?

When hiring a new employee for a position, a mandatory condition is the conclusion of an agreement between the parties. This document should outline the rights and responsibilities of the trainee and the employer. The employer’s opinion that the conclusion of an agreement is not mandatory is considered erroneous. If a potential employee starts work without registration, then he is considered to have completed the probationary period and is officially employed.


How long is the probationary period when hiring under a contract?

Recently, the method of hiring new specialists under a contract has become widespread among organizations. In the Labor Code of the Russian Federation, this concept is called registration of a fixed-term employment contract. Such a document represents an agreement signed between the employee and the manager. A special feature of the contract is the precise determination of the duration of the new employee’s employment.
When concluding a contract when hiring, the following rules should be taken into account:

  • The duration of work should not exceed 5 years;
  • It is issued strictly for the time required to perform the necessary work;
  • Signed if necessary to replace an employee holding a position;
  • The contract can be concluded for a season to carry out the required activity;
  • The internship period is agreed upon when signing the contract;
  • According to the Labor Code of the Russian Federation, if a fixed-term employment contract is concluded for a period of 2-6 months, then the duration of the test for the trainee should not exceed 2 weeks. If the contract is for 2 months, then there is no probationary period.

How is the probationary period paid?

When hiring an employee for a vacant position, a probationary period is assumed. During this period, the employee goes through the procedure of formalizing relations with the enterprise. By law, trainees are entitled to the same privileges as workers.
Regarding payment of the probationary period, you should know some rules:

  • Payment for the probationary period is required;
  • The subject's salary during the inspection period must be specified in the employment contract;
  • The law guarantees full and timely payment of labor during the internship;
  • The employer is obliged to pay the intern an amount not less than the minimum wage. It must be commensurate with the complexity, quality and volume of work.

During the probationary period, applicants for a position are often faced with restrictions on their rights. This happens largely because trainees are poorly informed about the opportunities guaranteed by the Labor Code. To protect yourself and your rights at a new place of work, familiarize yourself with the legal acts of labor legislation.

The employer has the right, with the consent of the applicant, to establish a probationary period for the latter when hiring him. How long is the probationary period under the labor code? Employers definitely need to know this so as not to violate the labor rights of their employees.
The maximum probationary period cannot exceed three months. However, there are categories of workers who, in accordance with the provisions of Art. 70 of the Labor Code of the Russian Federation, the maximum probationary period can be set within six months. These include:

  • supervisor;
  • Deputy Head;
  • Chief Accountant;
  • chief accountant's assistant

The increase in the probationary period for this category of workers is due to the fact that the specifics of their work do not allow their professional qualities to be tested in a shorter period.

  • applicants who are getting a job for the first time after graduating from a university or college (technical school);
  • applicants aged 14 to 18 years;
  • pregnant women and women with a child (children) under 3 years of age;
  • applicants who were selected for a position or who took it through a competition;
  • employees who transferred to a vacant position from another employer by written agreement between employers;
  • applicants with whom the employer enters into a fixed-term contract for a period of up to 2 months.

When concluding a fixed-term contract for a period of 2 months to six months, the maximum probationary period according to the labor code cannot exceed two weeks.
The established limits on the duration of the probationary period when hiring do not mean that the employer cannot reduce its duration. However, set a period longer than specified in Art. 70 of the Labor Code of the Russian Federation, he has no right. Less - maybe, more - no.

During the probationary period, the employee is subject to all internal regulations of the enterprise; he must observe labor discipline, and the employer, in turn, must comply with all guarantees for the employee.
This also applies to sick leave. The employer must pay the employee sick leave in full compliance with current labor legislation, even if such an employee is on a probationary period.
However, the time while the employee is on sick leave or absent from the workplace for another valid reason is deducted from the probationary period.

Both parties can terminate the employment contract at any time during the test. The party who intends to terminate the employment contract upon completion of the test must notify the other party 3 calendar days in advance.
If the contract is terminated by the employer, then in the notice that he sends to the employee, he must indicate in detail the reasons for the employee’s failure to complete the probationary period. In addition, he is obliged to provide documentary evidence of each reason.
If, during the probationary period, the employee decides that the job does not suit him, he can also resign of his own free will. He must also notify the employer, but he may not indicate the reason for dismissal.
The employer may terminate the test ahead of schedule if he is confident in the professional qualities of the employee. In this case, there is no need to conclude a new employment contract; the old one continues to be valid.

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