How to extend the probation period to the employee?
The extension of the probationary period is not provided for by the labor code of the Russian Federation. The condition of the test, as well as its term is established in the employment contract.
If the trial period is over, and the employee continues to work, it is automatically considered that he has passed the trial period.
If the employee did not pass the probationary period, then he should be warned about the dismissal for 3 of the day in writing with the obligatory indication of the reasons why he did not pass.
If the employer violates the dismissal procedure: he doesn’t give you a warning on 3 of the day, verbally or if he doesn’t explain the reasons, such dismissal can be easily challenged in court. You can read more about the trial period here.
There is no such clause in the legislation on extending the probationary period for an employee. The director of the enterprise, the chief accountant can be assigned a probationary period of 6 months, and the staff of the enterprise only 3 months. The probationary period is indicated in the order when applying for a job, but not necessarily entered in the employee's work book. When the probationary period ends, then the employee goes into the category of ordinary workers without special orders, and if he does not suit the administration of the enterprise, then he is informed about this orally, an order to dismiss will be issued, but the fact that the employee has not passed the test may be indicated only in the order (there may be other cases, but this is rare). And it is not necessary to make this entry in the work book, usually in this case, they write an order for dismissal with the wording "by agreement of the parties" and indicating that the employee was hired with a probationary period for a specified period.
But if a contract was concluded with an employee, then other conditions may be specified there, for example, this contract may be temporary, then the employee is also considered temporary.
An employee can be extended the probationary period if it was set less than 6 months (for a director and chief accountant - XNUMX months). This is done by order of the enterprise.
If the contract was not concluded initially, then the permanent employee cannot be transferred to temporary work without his consent.
The probationary period is three months nominal, it does not make sense to extend it, either the employee works on a permanent basis, or the employee is subject to dismissal, as not passed this period, while the ITD must be compiled with the employee without fail and pay the average wage in the country, and social security payments too. And if the employer believes that serfdom is still in the strang and refuses to pay wages, then it's time to go to two places: TIT and the prosecutor's office. The next step will be the APR and a court decision on the collection of wages to the employee for the ACTUALLY worked time, if necessary. , then compulsory reinstatement at work at the previous place of work