In this article we will look at the probationary period in the civil service. Let's find out in what cases a probationary period is established. Let's figure out when a probationary period is not established. Let's talk about typical mistakes.
In most cases, appointment to the civil service occurs on the basis of passing a competition, but its results do not guarantee the applicant for the position his acceptance into the service. Upon completion of the selection process, the candidate must also successfully complete a probationary period and then certification. The exam will be followed by advanced training and retraining.
During the screening of a new hire, it may be discovered that the candidate does not meet any requirements or does not have sufficient professional skills to fill the desired position. In this case, he will be dismissed from the civil service. A civil servant may also make an independent decision to resign even before the end of the test.
In what cases is a probationary period established in the civil service?
When entering the civil service, a contract is concluded with a citizen. In the text of the contract itself and in the act of appointing him to any position, a clause is stated on the mandatory completion of a probationary period , during which the suitability of the position will be determined. Throughout the test, the manager will pay attention to the level of professional training and business qualities of the hired employee. Read also the article: → “We calculate the length of insurance for sick leave: an example of calculation”
The photo shows a service contract
If the contract did not contain a clause on passing tests, the employee is considered hired without any conditions , and it will be impossible to fire him for inadequacy for the position held.
The manager has the right to appoint a probationary period in the following cases:
- the candidate was hired by transfer from another government agency (the probationary period for him is assigned from 1 to 6 months);
- the candidate is accepted into the civil service, entry into and release from which can occur exclusively by decree of the President or the authorities (the duration of the trial for such service can vary from 1 month to 1 year);
- the applicant for the position has previously completed such service (duration of verification - 1-6 months);
- in other situations where the law does not prohibit the establishment of a probationary period.
During the test, a civil servant has the rights and obligations approved by current legislation.
It happens that during the inspection, an employee fell ill or did not appear at work for valid reasons, the existence of which he can document. Such days are not counted in the total inspection period, and the probationary period must be extended by exactly the same number of days as the employee was not actually present at the workplace and did not fulfill official duties.
Test condition
In accordance with paragraph three of subparagraph “a” of paragraph 2 of Decree of the President of the Russian Federation of June 24, 2020 N 288 “On the main directions of development of the state civil service of the Russian Federation for 2019-2021”, the Government of the Russian Federation
shall approve the attached unified methodology for passing the test at the state civil service of the Russian Federation in federal executive authorities.
https://youtu.be/lgPoilDKtmI
Chairman of the Government of the Russian Federation D. Medvedev
APPROVED by Decree of the Government of the Russian Federation of January 15, 2020 No. 9
I. General provisions
1. This methodology is aimed at increasing the efficiency of the formation of professional personnel in the state civil service of the Russian Federation (hereinafter referred to as the civil service) by introducing unified methodological approaches to organizing the test in the civil service in federal executive bodies and determining its results.
2. The test is established in order to verify the compliance of a state civil servant of the Russian Federation (hereinafter referred to as the civil servant) for the civil service position being filled, including confirmation of the ability to apply his existing knowledge and skills in the performance of official duties, as well as for the purpose of assessing his professional and personal qualities
3. The probationary condition is provided for in accordance with clause 1 of part 4 of article 24 of the Federal Law “On the State Civil Service of the Russian Federation” in the service contract upon its conclusion. The basis for this is the test condition provided for in the act of the federal executive body on the appointment of a citizen of the Russian Federation or a civil servant to a civil service position.
4. The decision to establish a trial in relation to a civil servant is made by a representative of the employer, including on the recommendation of the immediate supervisor represented by the head of the structural unit of the federal executive body (hereinafter referred to as the immediate supervisor), in which the civil servant holds a position in the civil service, taking into account the duration of the probationary period , defined by parts 1 and 2 of Article 27 of the Federal Law “On the State Civil Service of the Russian Federation”.
If a civil servant heads a structural unit of a federal executive body or its territorial body or holds a position outside the specified structural unit, his immediate supervisor is the civil servant who directly supervises his professional work activities.
5. Calculation of the probationary period begins from the date of appointment to a civil service position.
6. The period of probation does not include periods of temporary incapacity for work of a civil servant and other periods when he did not actually perform official duties.
7. During the probationary period, mentoring may be carried out in relation to a civil servant in the manner determined by the Regulations on mentoring in the state civil service of the Russian Federation, approved by Decree of the Government of the Russian Federation of October 7, 2020 N 1296 “On approval of the Regulations on mentoring in the state civil service of the Russian Federation” Federation."
a) coordination of the professional work activities of a civil servant in such a way that the results of the civil servant’s execution of the instructions given to him allow for a comprehensive assessment of his knowledge and skills, as well as professional and personal qualities;
b) conducting regular interviews with the civil servant and his mentor (if available) in order to assess the professional performance of the civil servant.
9. During the probationary period, the civil servant keeps records of the results of the performance of official duties in a table recording the results of the civil servant’s performance of his official duties during the probationary period (hereinafter referred to as the table), compiled by the civil servant in the form according to Appendix No. 1 (except if within the framework of electronic office work, an automatic order accounting system is used).
a) familiarization with the documents regulating the activities of the federal executive body, its structure and the functions of the structural units of the federal executive body;
b) presentation to the team;
c) consulting on issues of organizing the performance of official duties;
d) organizing professional development and (or) mentoring (if necessary).
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11. The immediate supervisor or, on his behalf, the deputy immediate supervisor, no later than 14 working days before the end of the established test period, prepares a review (draft review) on the results of the test of a civil servant (hereinafter referred to as the review of the test results) in the form in accordance with Appendix No. 2 and not later than 10 working days before the end of the established test period, transfers it to the personnel service.
12. The review of the test results provides an assessment of the civil servant’s suitability for the civil service position being filled and draws a conclusion about the test result.
13. A table is attached to the feedback on the test results (except for the case if an automatic order accounting system is used within the framework of electronic office work). If there are comments from the immediate supervisor on the draft documents prepared by civil servants, these comments are reflected in the feedback on the test results.
14. If the civil servant passes the test successfully, the feedback on the test results, if necessary, may include a recommendation to send the civil servant to participate in professional development activities.
15. If the test result is unsatisfactory, the review of the test results shall indicate the reasons that served as the basis for recognizing the civil servant as having failed the test.
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16. No later than the next working day after drawing up a review of the test results, the immediate supervisor must familiarize the civil servant with this review against signature and hand him a copy of the said review.
17. If a civil servant has objections to the content of the feedback on the test results, the civil servant has the right to send to the employer’s representative a statement of his disagreement with the feedback on the test results or an explanatory note on the feedback on the test results no later than 2 business days after reading it.
18. Feedback on the results of the test, containing the opinion of the immediate supervisor about the unsatisfactory result of the test, the table (except for the case if an automatic recording system for assignments is used within the framework of electronic records management) and feedback on the results of mentoring (if any) are submitted by the personnel service to the representative of the employer no later than 3 working days after submitting feedback on the test results to the HR department.
19. If the test result is unsatisfactory, the employer’s representative has the right, before the expiration of the test period, to terminate the service contract with the civil servant, warning him about this in writing against signature in the form in accordance with Appendix No. 3 no later than 3 days before the expiration of the test period, indicating the reasons, which served as the basis for recognizing the civil servant as having failed the test.
20. If a civil servant refuses to familiarize himself with a signature with a review of the test results and a notification of an unsatisfactory test result or to receive a copy of the review of the test results, an act of such refusal is drawn up.
21. Before the expiration of the probationary period, a civil servant has the right to terminate the service contract at his own request by notifying the employer's representative in writing no later than 3 days before the expiration of the probationary period.
22. Feedback on the results of the test, the table (except for the case if an automatic recording system for assignments is used within the framework of electronic records management) and feedback on the results of mentoring (if any) are attached to the personal file of the civil servant.
Appendix No. 1 to the unified test procedure for the state civil service of the Russian Federation in the federal executive authorities
(form)
| 1. | ||
| (last name, first name, patronymic (if any) and the position of the government | ||
| civil servant of the Russian Federation in respect of whom the test has been established) | ||
| . | ||
| 2. Test period – from __________ 20___ to __________ 20___ (inclusive). | ||
The methodology is essentially a new unified test procedure for civil servants of federal authorities. From 24 January 2020, they must take a common approach to all stages of the trial - from organizing it to consolidating the results of the trial.
The test is set for:
- checking the suitability of a civil servant for the position being filled in the civil service;
- confirmation of the ability to apply existing knowledge and skills when performing duties;
- assessment of his professional and personal qualities.
The probationary condition is automatically included in the service contract on the basis of clause 1, part 4, art. 24 of the Federal Law “On the State Civil Service of the Russian Federation”.
The immediate supervisor or his deputy no later than 14 working days before the end of the employee’s test period must prepare a review (draft review) on the results of the test in the approved form. Comments on the draft documents prepared by the employee (if any) are also reflected in the review.
When a probationary period is not established in the civil service
In the following cases, a probationary period cannot be assigned:
- for civil servants who are guaranteed at the legislative level to retain their jobs (mothers who have a child under one and a half years of age in their care, pregnant women);
- newcomers with relevant qualifications and experience who received a position due to the reduction of a previous position;
- persons who have graduated from a specialized secondary or higher educational institution in preparation for the civil service;
- employees applying for a temporary position in a managerial or secondary position.
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Dismissal from civil service during a probationary period
A citizen who has entered the service can be fired even when the test of his skills has not yet been completed. The reason for this will be the fact that his direct superior discovers that the employee cannot cope with the tasks assigned to him and does not correspond to the position he currently holds. He must be notified of his dismissal in advance - 3 days before his release from service, in writing. The official document must contain information about the reason for the newcomer’s dismissal. If an employee does not agree with the decision of his superiors and believes that he is coping with the job, he can file a claim in court.
If before the employee was appointed to a new position, he already held another government position, he can be reinstated on the same terms and conditions even if he fails to complete the probationary period in the new position.
A civil servant has the right to independently decide to leave the service even before the end of the test, having warned his superiors about this 3 days before leaving. When the test is completed and the employee continues to serve, this is a signal that he has passed the test and has proven his suitability for the position held.
Article 27. Test in the civil service
Federal Law. Before the expiration of the probationary period, a civil servant has the right to terminate the service contract at his own request by notifying the employer's representative in writing no later than 3 days in advance.
The test is not established for persons whose list is provided by Federal Law N 79-FZ.2.8. 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 test is not established for persons whose list is provided by Federal Law N 79-FZ.2.8.
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. 8. The order of the Office of Affairs on appointment to a civil service position and the service contract establishes a civil test
Common mistakes
Error No. 1: Dismissal of a civil servant due to unsatisfactory completion of the probationary period in the case where the employment contract does not indicate the appointment of a probationary period.
Comment : When the employment contract does not contain information about establishing a probationary period, it is impossible to dismiss an employee for professional incompetence - a candidate for a vacant position is automatically recognized as hired without the need to undergo testing.
Mistake No. 2: Establishing a probationary period in the civil service for a pregnant woman.
Comment : Pregnant women should be recruited without preliminary tests, since they belong to the category of employees for whom professional suitability tests are not established.
Error No. 3: Establishing a probationary period for a civil servant of 2 years.
Comment: A probationary period aimed at determining the professional and business qualities of a civil servant can be assigned for a period of 3 months to 1 year.
Error No. 4: A civil servant who did not have a rank at the beginning of his probationary period in the civil service did not receive a rank at the end of the test.
Comment : In cases where an employee who did not hold a rank prior to completion of his probationary period has received a satisfactory assessment of his fitness for duty and is hired, he should be awarded a rank.
