On April 21, 2015 the draft Law1 (the «Draft»), amending probation rules set by the Labour Code, was passed as the basic draft in the first reading. Currently, the Draft is being prepared for the second reading, during which it can be amended. Nevertheless, this Draft in fact contains same novels regarding probation rules as the draft of the Labour Code.
Prohibition of probation for pregnant and young parents
The Draft proposes extending the existing list of persons protected from probation by adding to it the following categories of employees:
- pregnant women;
- employees with family duties, who have children up to three years;
- those elected on elective positions;
- winners of competitive selection for holding vacant positions (public service);
- those who finished an internship for off-the-main-job positions;
- those employed on the ground of the fixed-term employment agreements.
Special dismissal procedure for probationary failures
In accordance with the Draft, the employee, who failed his/her probation and is a subject for dismissal, shall be served with a written notice three days prior to the dismissal. In this case, employee’s labor book will be supplemented with a note containing a link to the new Index 1 Paragraph 1 Article 40 of the Labor Code. This Index is proposed to be added by the Draft and it will provide for dismissal “on grounds of unsatisfactory results of the probation”.
Employee’s sickness automatically puts the probation term on pause
The Draft also proposes clarifying the regulation of the issue of employee being absent during his/her probation term. No special order will be required for extending the probation term on the number of missed days. In accordance with the Draft, employee’s absence will automatically put the probation term on hold, irrespective of the reasons of such absence.