Probationary period in the Republic of Belarus

When hiring employees in the Republic of Belarus, a probationary period is often established. It allows the employer to assess the professional qualities of a new employee, and the employee — to get acquainted with working conditions and corporate culture of the organization. The condition of the preliminary probation period must be stipulated in the employment contract. The absence of such a condition means that the employee was hired without a probationary period.

The maximum duration of the probationary period is three months. This does not take into account periods of temporary disability and other cases of the employee’s absence from work. The minimum duration of the probationary period is not established by legal norms, it can be determined by agreement of the parties. It is important to understand that the extension of the established probationary period is not allowed.

Let us take a closer look at the peculiarities of the probationary period in labor relations, its conditions, duration, the procedure for dismissal during the probationary period and give recommendations to employees and employers.

Concept and purpose of the probationary period

The probationary period in labor relations is a period established by the employment contract, during which the employer and the employee have the opportunity to assess how much their expectations and the actual conditions of cooperation coincide. It is a kind of “test” for compatibility: on the one hand, the employer checks the professional skills, efficiency, ability to adapt to the corporate culture and perform the assigned tasks, on the other hand, the employee gets acquainted with the internal regulations, working conditions, team and organizational standards of the company. The legal norms of the Republic of Belarus clearly regulate the procedure for the application of the probationary period and require that it must be specified in the employment contract. This formalized approach helps to reduce possible risks for both parties before the transition to a long-term employment relationship.

Aims and objectives of the probationary period for the employer and the employee

For the employer, the main purpose of the probationary period is to reduce the risk of a long-term employment relationship with an unsuitable candidate who may not meet the requirements of the position.

What is important for the employer

During the probationary period, the employer has the opportunity to comprehensively assess the employee’s professional competencies, compliance of their behavior with corporate standards and the ability to work effectively in a real production or office environment. Special attention is paid to the candidate’s ability to learn quickly, comply with internal regulations and adapt to the specifics of the company’s business processes. The probationary period also allows the employer to quickly adjust the personnel policy without immediately entering into a long-term commitment.

What is important for the employee

For an employee, the probationary period serves as a testing ground where they can evaluate working conditions, peculiarities of the corporate culture and the real operational load at their new place of work. During the probationary period, the employee gets an opportunity to familiarize themself with the company’s internal regulations, determine whether their professional expectations coincide with reality, and make an informed decision about further cooperation. In addition, the probationary period allows the employee to assess how much support from management and colleagues is contributed to their professional growth and development. This mutual evaluation mechanism facilitates the development of optimal staffing solutions for both parties, improving the overall effectiveness of the employment relationship.

This two-way test helps create a healthy atmosphere of trust and transparency in the employment relationship from the very beginning of the cooperation, which ultimately has a positive impact on the long-term performance and stability of the team.

Who is not subject to a probationary period

There are a number of categories of employees for whom a probation period is not established:

Persons under the age of 18.
Young workers and specialists who have received vocational, specialized secondary or higher education.
Persons with disabilities.
Temporary and seasonal workers.
Employees who have transferred to work in another locality or to another employer.
Persons hired by competition or election.

Duration and conditions of the probationary period

In the Republic of Belarus, the length of the probationary period is regulated by the Labor Code. The maximum permissible duration of the probationary period is three months. It is important to take into account that this period does not include days of temporary disability of the employee (sick leave), leave without pay and other periods of absence from the workplace for valid reasons – in fact, this means that the term is “extended” automatically by the number of days of absence.

As for the minimum duration – the Labor Code does not set it unambiguously. This means that the employer and the employee may, by mutual agreement, fix in the employment contract a probationary period of any shorter duration than three months – for example, one month or even a few weeks or days. However, it is important that during the probationary period the employer is able to assess the employee’s professional qualities and adequate adaptation to the team.

Conditions for extending or shortening the probationary period

The probationary period may not be extended beyond its maximum duration. If the employer has set the probationary period for a maximum of three months, they cannot extend the probationary period, even if in their opinion it is not sufficient for the final evaluation of the employee. Attempts to formally extend the period (e.g. by concluding an additional agreement) may be recognized as unlawful in an inspection or in court proceedings.

On the other hand, it is permissible to shorten the fixed period. The employer may decide to terminate the probation early, when the employer has reached a positive conclusion about the suitability of the employee. In this case, the employer must notify the employee in writing that the trial has been successfully completed and the employee continues to work under the conditions specified in the employment contract. Early termination of the trial is also possible if the employee decides to terminate the employment relationship without waiting until the end of the trial period.

Thus, the norms of labor law emphasize the fixation of the conditions of the probationary period with flexibility to shorten it, but not to extend it. This ensures a balance of interests of both parties and encourages the employer to make reasonable personnel decisions within the established timeframe.

Rights and obligations of the parties during the probationary period

Despite the fact that the probationary period is perceived by many as a “temporary” or “conditional” form of employment, the employee during this period has the full scope of labor rights provided for by legal norms. This is fundamentally important: the conclusion of an employment contract with a probationary period does not cancel or limit the effect of the Labor Code.

An employee during the probation period has the right to:

Safe and healthy working conditions.
Observance of working hours and rest periods.
Remuneration not lower than that established by the labor contract.
Participation in the collective life of the enterprise (corporate events, meetings, etc.).
Receiving instruction and training at the workplace.
Protection of your rights, including recourse to state authorities and the courts.

For the employer, the probationary period is an opportunity to assess the competencies of the new employee. At the same time, the employer must fully comply with the requirements of the state in the field of labor relations. Violations of such requirements (for example, ignoring safety requirements, illegal withholding of wages or refusal to grant vacations) cannot be justified by the fact that the employee is “still on probation”.

Probationary Period in the Republic of Belarus

Peculiarities of labor remuneration and social guarantees

One of the widespread myths is the opinion that it is possible to pay an employee a lower salary during the probationary period. However, such an opinion contradicts the requirements of labor law norms. A probationary employee must be paid the same wages as other employees in a similar position, without reduced coefficients or reduced rates.

An employee on probation shall have all social guarantees, including:

The right to be absent on temporary disability and to receive the corresponding allowance.
The right to annual labor leave (subject to deadlines and schedule). Meaning that the probationary period is included in the employee’s so-called “working year” – the time for which labor leave is granted.
The possibility of receiving bonuses and allowances (if such payments are provided for in the remuneration system).
Protection against unjustified dismissal.

The employer may not impose conditions that infringe on the rights of an employee solely on the grounds that they are on probation. Any such attempts — denial of bonuses, delay in payment of advance payment or deprivation of social benefits are a violation of labor law.

Thus, the probationary period is not a “preferential regime” for the employer, but a full-fledged period of labor relations, within which both parties must comply with all statutory norms and obligations. It is important for the employee to know their rights and not to allow their violation, and for the employer to ensure equal and correct treatment of all employees, regardless of the stage of their labor adaptation.

Procedure for terminating an employment contract during the probationary period

During the probationary period, each party to the employment contract — both the employer and the employee — may decide to terminate the employment relationship in a simplified procedure.

Situation 1. Dismissal on the employee’s initiative

If an employee realizes for any reason that the position, working conditions or corporate environment is not suitable for them, they have the right to terminate the employment contract at their own will during the trial period. They shall notify the employer of thier wish in writing at least three days before the proposed date of dismissal. The reasons for leaving in this case may be omitted.

Situation 2. Dismissal on the employer’s initiative

On the other hand, the employer has the right to terminate the employment relationship if they consider that the employee does not correspond to the position held or the work performed. However, in this case, reasoning is required: the employer must justify in writing why the employee is recognized as having failed the test.

Reasons may include:

Unsatisfactory performance of job duties.
Violations of labor discipline.
Insufficient level of professional knowledge or skills.
Poor adaptation to the requirements of the work process.

The decision to terminate the contract is formalized with a written notice to the employee three days before the proposed date of dismissal. It is important to follow the established dismissal procedure, including:

Issuing an order to terminate the contract.
Familiarizing the employee with the order against signature.
Making an entry in the employment record book.
Calculation and payment of all amounts due (salary, compensation, etc.).
Violation of the procedure, including failure to comply with the notice period, lack of justification or incorrect paperwork, may result in the dismissal being recognized as illegal.

Although it is possible to terminate the employment relationship in a simplified manner during the probationary period, certain procedures must be followed. The employee is not left defenseless and has a full set of rights to protect his or her interests, including judicial protection. It is important for the employer to approach the issues of dismissal during this period with responsibility, carefully recording the grounds for dismissal and complying with all procedural rules.

Dismissal on the day of the end of the probationary period is even more simplified: the employee and the employer may notify each other in advance of the termination of the employment relationship on the day of the end of the probationary period or on the day of the end of the probationary period. Usually, the employer will talk to the employee on that day and issue a dismissal order.

Practical recommendations for employees and employers

Here are some recommendations to ensure that the probationary period does not become a stressful time for each party to the employment contract.

Recommendations for the employee

The probationary period is not only a test by the employer, but also a chance for the employee to prove themself a valuable and promising specialist. Successful completion of this stage often becomes a springboard to further career growth. To increase your chances of a positive outcome, we recommend that the employee:

1. Carefully read the employment contract and internal regulations

Before starting work, it is important to understand exactly what responsibilities have been assigned to you, how performance is evaluated, and what rules apply within the company.

2. Be proactive, but not overconfident

Employers appreciate a proactive attitude, willingness to take responsibility and offer solutions. It is important not to impose your opinion, but to act within the established chain of command.

3. Complete tasks accurately and on time

Even simple tasks are an indicator of your diligence. Delays, lack of attention or carelessness are frequent reasons for refusing to continue cooperation.

4. Do not avoid feedback

Regularly check with your manager how satisfied he is with your work, whether there are any comments or wishes. This practice shows your interest in the result and readiness for development.

5. Quickly adapt to the corporate culture

Behavior that complies with the company’s communication norms, dress code and business etiquette makes a positive impression.

6. Put important agreements and assignments in writing

This will help avoid misunderstandings and serve as proof of your good faith in case of disputes.

Recommendations for employers on how to objectively evaluate the results of the probationary period

For employers, the probationary period is a selection and screening tool. However, its effectiveness depends on how well and clearly the evaluation process is organized. In order not to miss out on a valuable employee and avoid legal risks, the employer should:

1. Clearly state the criteria for successful completion of the test

It is desirable to define specific indicators (quality of task fulfillment, speed of adaptation, teamwork) on which the decision will be made. This will increase objectivity and protect against subjective decisions.

2. Assign a mentor or supervisor

Support from a more experienced colleague helps a new employee settle in more quickly and unlock their potential.

3. Provide regular interim feedback

This allows you to correct the newcomer’s behavior or work style in time, if there are deviations from the expected level. In addition, this practice reduces the employee’s stress.

4. Document the results of the probationary period

It is preferable to write a summary report with specific facts and observations. In case of termination, it will serve as a justification for the decision and reduce the risk of labor disputes.

5. Avoid discriminatory or subjective evaluation criteria

Personal preference, age, gender, marital status and other such factors cannot be the basis for recognizing an employee as having failed the probationary period.

6. Provide timely notification of the results of the trial

Regardless of the decision, it is important to comply with deadlines and ethics: the terminated employee should understand the reasons, and the successful employee should feel recognized for their efforts.

Thus, a competently organized and fair probation period becomes an effective mechanism for recruitment and building trusting employment relationships. Success in this process depends on the responsibility and mindfulness of both parties.

Conclusion

Probationary period is an important stage, which decides not only the fate of a particular labor contract, but also the effectiveness of the entire personnel policy of the company. For the employee it is a chance to demonstrate professional qualities, adapt to a new environment and assess the prospects for development. For the employer, it is an opportunity to ensure the right choice, identify the strengths and weaknesses of the new employee, and build long-term and mutually beneficial relationships.

Compliance with labor laws, clear documentation of the trial conditions, objective evaluation of the results and transparent communication are key elements that make this process fair and effective. It is these practices that build trust and foster a strong corporate culture.

The Recruitment.by team helps companies and job seekers to go through this process competently and with maximum benefit. We optimize personnel management, set up adaptation processes, support the selection and recruitment of candidates taking into account the specifics of the business, as well as help create the best cooperation conditions for both parties. Our experience is your result.