How much should an employee actually be paid during a probationary period, and does the employer have the right to reduce pay?

Is it possible to issue a bonus to an employee during a probationary period?

Excerpt from the Regulations on Bonuses: “Employees who have re-entered work are not paid a bonus during the probationary period established in the employment agreement (contract).” Organizations interested in saving money are guided by the following logic: why pay a “newbie” a full salary right away if it is not yet known whether he will cope with his responsibilities. Meanwhile, according to Part 2 of Article 28 of the Labor Code of the Republic of Belarus, during the preliminary test the employee is subject to the Labor Code of the Republic of Belarus with the features provided for in Article 28 and Article 29 of the Labor Code of the Republic of Belarus, as well as other acts of labor legislation, i.e. 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 regulatory legal acts.

Disputes regarding non-payment, reduction and late payment of bonuses

The following example shows that if the procedure for applying a disciplinary sanction is correctly followed and the local acts of the enterprise indicate the grounds for depriving an employee of a disciplinary offense, the court will be on the side of the employer.

The section “Wages” of the employment contract must indicate what parts the salary consists of. If the wording is: “The employee’s salary, in accordance with the Employer’s current remuneration system, consists of the official salary”; it further states that a bonus may be paid to the employee. Further in the employment contract there is a reference norm for the provision on bonuses for employees, and it contains general wording, for example: “If the organization has the financial capabilities, a bonus can be awarded to the employee by decision of the head of the organization,” - in this case, payment of the bonus is the right of the employer. The employer may not pay it.

Enter the site

Termination of an employment contract with a preliminary test Each party has the right to terminate an employment contract with a preliminary test: 1) before the expiration of the preliminary test, by notifying the other party in writing three days in advance; 2) on the day the preliminary test expires. In this case, the employer is obliged to indicate the reasons, served as the basis for recognizing the employee as having failed the test. The employee has the right to appeal the employer’s decision in court. If, before the expiration of the preliminary test period, the employment contract with the employee is not terminated in accordance with part one of this article, then the employee is considered to have passed the test and termination of the employment contract with him is allowed only on a general basis.”

“subsidies mortgage agency of Ugra payments 2012”

Labor Code of the Republic of Belarus “Article 28. Employment contract with preliminary testing In order to verify the employee’s compliance with the work entrusted to him, an employment contract, by agreement of the parties, may be concluded with the condition of preliminary testing, except for the cases provided for in part five of this article. During the period of preliminary testing, the employee is subject to this Code with the features provided for by this article and Article 29 of this Code, as well as other acts of labor legislation. The period of preliminary testing should not exceed three months, not counting the period of temporary disability and other periods when the employee was absent from work. The condition of preliminary testing should be provided for in the employment contract.

Situation 4. Length of period

An employee gets a job as an accountant. She was given a probationary period of 6 months. Is this legal?

According to Article 70 of the Labor Code of the Russian Federation, the probationary period cannot exceed three months. The exceptions are heads of organizations and their deputies, chief accountants and their deputies, heads of branches, representative offices or other separate structural divisions of organizations, for which the test is established for a period of no more than six months. But in our case, a person gets a job as an accountant, and not as a chief accountant or his deputy. Thus, a probationary period of 3 months is the maximum duration. And if the employment contract is concluded for a period of 2 to 6 months, then the trial cannot exceed two weeks. When concluding a contract lasting less than 2 months, there is no trial period at all.

IMPORTANT!

During the trial period, days of temporary incapacity for work of the employee and other periods when he was actually absent from work are not counted. That is, if an employee is assigned a probationary period of 2 months, and he was sick for 2 weeks of these two months, then the probationary period is extended by two weeks.

Vote:

Labor Code of the Republic of Belarus), as well as regulations on remuneration and staffing. Discrimination in establishing wage conditions is prohibited. The difference in wages must be justified: depend on the complexity of the work performed, the quantity and quality of labor, the qualifications of the employee (for example, a specialist of the first, second categories, etc.). Therefore, in our opinion, the condition that an employee is not paid a bonus during the probationary period only because the employee is on probation is a condition that worsens the position of workers in comparison with labor legislation, which means it is invalid. The bonus may not be paid to such an employee only if he does not meet the indicators that are prescribed in the relevant LLA. In practice, there are cases when an employee hired on a probationary period is set a minimum official salary with the condition of its increase after successfully passing the test; bonuses provided for by local regulations are not paid. This practice is contrary to labor laws. Remuneration for workers performing the same job function can be differentiated only depending on the amount of labor, the qualifications of the worker and the quality of the work performed. These remuneration criteria must be applied regardless of whether the employment contract is concluded with a probationary period or whether the provision for such a period is not contained in the employment contract.

Payment for work during the probationary period

For example, the wording of the local act of the organization: “Employees hired on a probationary period and who do not possess professional skills are not paid bonuses during the probationary period,” was regarded by the court as a sufficient justification for non-payment of bonuses (See the Determination of the Ivanovo Regional Court dated September 29, 2014 on case No. 33-2107).

It is illegal to establish in an employment contract with employees employed on a probationary period a salary less than that approved in the organization’s staffing table. This is a violation of Article 135 of the Labor Code of the Russian Federation, which regulates that the terms of remuneration determined by the employment contract cannot be worsened in comparison with current legislation.

Is it possible to pay less bonus during the probationary period?

The absence of a condition on preliminary testing in the employment contract means that the employee was accepted without preliminary testing. Preliminary testing when concluding an employment contract is not established for: 1) workers under eighteen years of age; 2) young workers (employees) after graduating from institutions that provide professional training - technical education; 3) young specialists after graduating from institutions providing secondary specialized and higher education; 4) disabled people; 5) temporary and seasonal workers; 6) when transferring to work in another area or to another employer; 7) when hiring work based on a competition, based on election results; 8) in other cases provided for by law. Article 29.

Enter the site

Situation: Is it necessary to pay a bonus to a dismissed employee, for example, quarterly or annual. Yes need. The right to a bonus, for example, quarterly or annual, may arise for an employee before dismissal if the indicators and conditions for bonuses provided for in the local acts of the organization are met (Article 135 of the Labor Code of the Russian Federation). However, it is impossible to calculate and pay such a bonus if an employee is dismissed before the end of the period for which the bonus is calculated.

Since in order to determine the size of the bonus, it is necessary to summarize the results of the organization’s work for the corresponding period. At the same time, labor legislation does not contain a ban on paying bonuses to already dismissed employees, the right to which arose during the period of their work in the organization. Moreover, the employer has no right not to pay an employee, including a dismissed one, a bonus or to arbitrarily reduce its size.

Is there any reason not to pay a bonus during the probationary period?

Payment for work during a probationary period The applicant is assigned a probationary period and payment for work during a probationary period, which is often unlawfully reduced. The legislation of the Labor Code of the Russian Federation provides for the following types of employment contracts:

• the most common form is an open-ended contract, that is, for an indefinite period,
• for a specific period as agreed by the parties - urgent,
• for the duration of occasional, one-time work of a certain type.

If the conditions and terms of the trial are not specified in the contract with the prior consent of the employer and employee and are not indicated in it, it is considered that the applicant is accepted without a probationary period. The Labor Legislation of the Russian Federation does not indicate that wages during the probationary period, during the probationary period, cannot be less than what is announced for the vacant position.

Probation period - we act according to the rules

Solution. Such actions are illegal. In this case, a probationary period cannot be established, since the young specialist is getting a job in the newly acquired specialty for the first time.

If the employee has passed the test, there is no need to issue a special order about this. An entry in the work book about hiring is made without indicating a probationary period. However, if an employee is dismissed as having failed the test, then an entry must be made in the work book.

In accordance with Article 71 of the Labor Code of the Russian Federation, we inform you that you have shown an unsatisfactory result of the test established by employment contract No. 54 dated 02/02/2015 for a period of one month.

Is it possible to pay less bonus during the probationary period?

The salary amount should be clearly stated in the employment contract. Regarding incentive payments in the text of the contract, refer to the local act on bonuses. Is it possible not to pay a bonus during the probationary period? The following situations are definitely advantageous:

• the employee was allowed to work without registration and he can substantiate this fact with testimony from the clients he served, the presence of official papers of the enterprise, etc.;
• the employer indicated one salary size in the advertisement, but prescribed another in the employment contract;
• The contract with the employer specifies two separate salaries or two tariff rates - for the probationary period and for work on a permanent basis.

Salaries and personnel. Formation of all reporting for employees, payment of taxes and contributions online to the Social Insurance Fund, Pension Fund, Federal Tax Service. Therefore, you must carefully read the contract and remember that it is drawn up by mutual consent of both parties. Hidden salaries in an envelope should be avoided. It is also worth knowing that it is not legal to enter into a probation agreement with all categories of citizens. This right to applicants is guaranteed in accordance with the Labor Code of the Russian Federation in paragraph 4 of Art. 70 Labor Code of the Russian Federation. If you want to terminate the contract during the trial period, you have the right to do so within three days. The length of the probationary period for a newly hired employee depends on the type of employment contract. A probationary period of up to 6 months is prescribed, in the case of an open-ended contract, only for those applying for management positions and for positions associated with financial responsibility (manager, accountant, deputy manager). For civil servants, it is assigned from 3 months to 1 year (Article 27 of the Federal Law “On the Civil Service of the Russian Federation”).

Sample complaint to the labor inspectorate about non-payment of bonus

Based on the above, I demand: Pay me a salary in the amount of 21,000.00 rubles. for the period from 11/01/2020 to 11/30/2020 and interest for late payment from 12/16/2020 to 12/20/2020 in the amount of RUB 105.00. Total - 21,105.00 rub. If you do not satisfy my legal demands within 10 days from the date of receipt of this claim, then I reserve the right to file a complaint with the labor inspectorate and the court. Please send the response to this complaint to my home address by December 30, 2020.” How to draw up an application for suspension of work due to non-payment of wages As indicated in Part 2 of Art. 142 of the Labor Code of the Russian Federation, if the employer delayed payment of wages for more than 15 days, then the employee may suspend work until the debt is repaid.

1. Go to the official website.
2. Select the reason for your request.
3. Fill in the personal data.
4. Indicate your opinion on the measures to be taken against the employer.
5. Inform how to receive the answer.
6. Place a confidentiality mark so that the author's name is not made public.

01 Feb 2020 etolaw 359
Share this post

Related Posts
• What happens if you don’t pay the full amount for electricity?
• Article 228 Part 4 of the Criminal Code of the Russian Federation in the new edition of 2020 January 1, strict regime
• Additional payment to the pension of a woman who gave birth and raised 2 children
• Low-income status for how long

Summary

• Can bonuses be deprived during the probationary period? Thank you.
• I worked for a month and a half during the probationary period, am I entitled to a quarterly bonus?
• It is legal to deprive a bonus during a probationary period.
• Is the 1010 bonus paid during the probationary period? Thank you!
• Can bonuses be deprived during the probationary period?
• Probationary period at work
• Got a job for a probationary period
• Dismissal during probationary period
• Probationary agreement
• Application for probationary period

Online magazine for accountants

In case of any shortcomings or complaints against its employee, the employer may take disciplinary action. But, as a rule, this is where employers prefer to save their own money, including various bonuses and incentives in wages. Bonus As mentioned above, the applicant has the right to a bonus during the probationary period, bonuses and incentives. And if one of the employers wants to limit the rights of their employee, then he can open the appropriate book on labor protection, where this issue is also touched upon. Otherwise, the applicant can take his problem to court. And in most cases, employers lose. It is worth paying attention to the fact that the employer has no right to include bonuses and bonuses in the salary account.