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Publication date: 19.05.2024
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How to arrange a test when hiring an employee? Responds to State Labor
Article 26 of the Labor Code of Ukraine (hereinafter referred to as the Labor Code) stipulates that when concluding an employment contract, a test may be stipulated by the agreement of the parties in order to verify the employee's suitability for the work assigned to him. The probationary condition must be stipulated in the order (order) on employment.
Labor legislation applies to employees during the probationary period.
The probationary period upon hiring cannot exceed three months, and in some cases, upon agreement with the relevant elected body of the primary trade union organization, six months. The trial period when hiring workers cannot exceed one month (Article 27 of the Labor Code).
When hiring an employee with a probationary period, the employer is obliged to conclude an employment contract with him in accordance with the requirements of Article 21 of the Labor Code. Taking into account the requirements of the third part of Article 24 of the Labor Code, an employee cannot be allowed to work, including on the conditions of a probationary period, without concluding an employment contract drawn up by an order or order of the owner or a body authorized by him, and notification to the State Tax Service body of the employee's employment in accordance with the procedure established by the Cabinet of Ministers of Ukraine.
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It should be noted that the legislation of Ukraine does not provide for the establishment of probation for an employee on a free basis. The payment of the employee's labor during the trial period is carried out in a mandatory manner in accordance with the established conditions.Article 26 of the Labor Code stipulates that the test is not established when hiring:
• persons under the age of eighteen;
• young workers after graduating from professional educational institutions;
• young specialists after graduating from higher education institutions;
• persons released to the reserve from military or alternative (non-military) service;
• persons with disabilities sent to work in accordance with the recommendation of the medical and social examination;
• persons elected to the position;
• winners of the competitive selection to fill a vacant position;
• persons who have completed an internship when being hired at a time away from their main job;
• pregnant women;
• single mothers who have a child under the age of fourteen or a child with a disability;
• persons with whom a fixed-term employment contract is concluded for a period of up to 12 months;
• persons for temporary and seasonal jobs;
• internally displaced persons.
The test is also not established when hiring in another area and when transferring to another enterprise, institution, organization, as well as in other cases, if it is provided for by law.
However, according to the second part of Article 2 of the Law of Ukraine dated March 15, 2022 No. 2136-IX "On the Organization of Labor Relations in the Conditions of Martial Law", when concluding an employment contract during the period of martial law, the condition of testing the employee at the time of hiring may be established for any category of employees.
