How long is the probationary period at work.

Relationships between employers and employees are rarely simple, however they are fully regulated by the Labor Code of Ukraine. These legislative acts describe how long the probationary period lasts and what rights and duties the parties have.

The nuances of the probationary period are very important for any employment. After all, the probationary period at work either gives a job or just wastes the applicant's Time. There can be different probationary periods at work. These features should also be taken into account.

Probationary period for employment

The probationary period is a fairly common practice. The employer can assess the potential and training of the employee, and the employee can understand how well they can fit into the company or team. Therefore, the probationary period for employment is very important for long-term employment. At the same time, it is important to understand what will happen if the probationary period is not passed or if the employer still refuses employment.

The probationary period is a period of time set by the employer to check the suitability of the employee for the position. In Ukraine, the probationary period is regulated by legislation, in particular, the Labor Code (KZpP). However, the probationary period is a fairly common procedure worldwide.

Main provisions on the probationary period in Ukraine:

1. The purpose of the probationary period. The probationary period is intended for the employer to verify the qualifications and competence of the employee, and for the employee to assess the working conditions and their duties.

2. The duration of the probationary period. As a general rule, the probationary period in Ukraine cannot exceed: 3 months for most categories of employees, 6 months for managers, chief accountants and their deputies, as well as for other employees, as provided by law. That is, the employer cannot extend the probationary period as long as it is convenient for them and at the same time leave the employee in a certain suspended state.

3. Establishment of the probationary term. The condition of the probationary period must be specified in the employment contract or hiring order. If the probationary period is not specified, it is considered that the employee has been hired without a probationary period.

Special categories of employees should be given special attention. The legislation provides categories of employees for whom the probationary period is not established:

1. Persons already assigned to a position.

2. Youth specialists after completing their studies (who are entering a job for the first time).

3. Pregnant women and mothers of children under 3 years of age.

4. Persons who have been transferred to another job within the same enterprise, institution or organization.

In the law, it is mentioned when and how a contract during the probationary period can be terminated. The employer has the right to terminate the employment contract with the employee during the probationary period if a mismatch with the position is found. In this case, the employer must notify the employee 3 days before dismissal. The employee also has the right to terminate the contract at their own request during the probationary period.

As for payment, during the probationary period the employee receives a salary and enjoys all the rights and guarantees provided by labor legislation, like any other employee. Specific provisions relate to the end of the probationary period. If the probationary period is successfully completed, the employee continues to work under the terms of the labor contract. If a decision to terminate is not made before the end of the probationary period, the employee is considered finally hired, and the probationary period is completed.

Details of the probationary period

The probationary period in Ukraine is a period of verification, which can be established at the time of employment, but should not exceed 3 months (6 months for certain categories). It has clear start dates and the same clear end dates. That is, the probationary period is not just the prerogative of the employer. The employee who may be hired also needs to be interested in such a period.

Probationary period conditions

Setting the probationary period. The probationary period must be fixed in the employment contract or hiring order. If the employment contract or order does not specify the probationary period, it is considered that the employee has been hired without a probationary period.

Employee rights and responsibilities. During the probationary period, the employee has the same rights and responsibilities as other employees. This includes a declaration of wage, vacation, social guarantees. The employer is obliged to pay the salary in full, regardless of whether the probationary period is set or not.

Termination of the employment contract. If the employer finds that the employee does not meet the position during the probationary period, they can terminate the employment contract, notifying the employee 3 days before dismissal. In this case, the reason for dismissal must be specified in the order. The employee has the right to terminate the employment contract at their own request during the probationary period, notifying the employer 3 days in advance.

There are special categories of employees for whom the probationary period cannot be set:

1. Pregnant women and women with children under 3 years of age.

2. Youth specialists after completing their studies.

3. Persons under 18 years of age.

4. Persons transferred to work for another enterprise, institution, or organization with the consent of the employers.

5. Persons hired through a competition.

During the probationary period, employees in Ukraine have the same rights as any other employee.