On the issue on possibility to change experimental period for employees

The article analyzes the approaches developed in law enforcement practice on the issue of the possibility of changing the experimental period for an employee. According to the first approach, any change in the period of probation after the conclusion of an employment contract, including its extension, is contrary to the current labor legislation. According to the second approach, the parties to the labor contract are entitled to conclude an additional agreement on changing the length of the experimental period, provided that the total period of the employee’s probation does not go beyond the maximum period established by the labor legislation. It also considers cases of extending the experimental period to an employee over the maximum period established by the labor legislation as violating the labor rights of workers, and dismissal due to an unsatisfactory probation result outside the maximum period of the probation as illegal. The conclusion is made that it is preferable to fix in law-enforcement practice the possibility for the parties to the employment contract to determine the duration of the experimental period themselves, provided that the maximum time for its establishment is observed, as it is most appropriate for the tasks that the parties to the employment contract have after.