ON THE ESSENCE OF THE PROBATION PERIOD AS A CONDITION OF THE EMPLOYMENT CONTRACT

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Issue: №2 (58) 2019

Heading: Topical issues of science and law enforcement practice


Tags

Keywords: probation period, employment contract, entering into an employment contract, compliance of the employee with the work performed.

Annotation

The article analyzes the main meaning and purpose of the probation period after entering into an employment contract. The need for such an analysis is due to the lack of design of Art. 70 of the Labor Code, which does not identify specific signs of compliance of the employee to the work performed. This leeds to a broad interpretation of this concept in theory and law enforcement practice and, eventually, to infringement of labor rights of workers. In this regard, the author traces the process of transformation of the essence of the concept of «compliance of the employee with the work performed» in establishing the probation period in the Russian labor legislation in the Soviet and post-Soviet periods and substantiates the conclusion about the need for legislative definition of its features in article 70 of the Labor Code.