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tmshit2018-11-20 19:26:28
Work organization
tmshit, 2018-11-20 19:26:28

Probation without a contract?

Found an employer. They call to work with a good salary, but without any contracts for the duration of the probationary period. As a "guarantee" they can give a job offer. The question is - does this offer actually give any guarantee or can it be safely used as toilet paper?

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8 answer(s)
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Stalker_RED, 2018-11-20
@Stalker_RED

According to the Labor Code of the Russian Federation, a probationary period can be only after the conclusion of the contract.
www.consultant.ru/document/cons_doc_LAW_34683/cc06...
This proposal of theirs is a "gray" scheme, though common, and does not give any official guarantees.

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stratosmi, 2018-11-20
@stratosmi

By law, there must always be a contract.
In fact - you are only interested in salary, apparently?
Salaries are paid at least once every 2 weeks - that is, the maximum that they can "throw" with payment for half a month.
But if you are an IT specialist, then in 2 weeks you will only delve into it, it is not profitable for anyone to throw you at such a period.

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Puma Thailand, 2018-11-20
@opium

Job offer is a job offer

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BBmike, 2018-11-20
@BBmike

the fact that the employee began to fulfill his labor duties === the conclusion of an employment contract.
therefore, save evidence that you did some work there and everything will be fine.
and yes, a probationary period! = the possibility of instant dismissal due to failure. there the whole procedure is complicated both in terms of the number of events and in time.

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CityCat4, 2018-11-21
@CityCat4

Of course not. No contract - no person. No person - no problems...
Formally, you don't work in this office, therefore, generally speaking, they are not obliged to pay you :) And they may well not pay, especially if the work is not qualitative, but quantitative (relatively speaking, collect N blocks M small blocks). I'm not talking about hospital, industrial injuries, etc.
Such a veiled scam - maybe they will pay, or maybe not ...

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Julia Rumyantseva, 2018-11-21
@Everys

I agree with previous speakers, the situation is risky. If they do not want to get involved with the execution of the Employment Agreement for some reason (hopefully legal), offer them a contract for this time. So you will at least have a guarantee of payment.

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EkaterinaBel, 2018-11-22
@EkaterinaBel

The question is - does this offer actually give any guarantee or can it be safely used as toilet paper?
What guarantee do you want?
You were rightly told that there is no such concept in the labor code.
But if you decide to go there, then it's better than nothing. It is only important what will be in this job offer. If common phrases, then you can throw it out.
If there is a salary, position, place of work, benefits and other conditions, and it will be signed by the head, then this can be used.
For example, if you pass the "trial period", then the conditions may change. And you will have confirmation of the initial agreements.
If you decide to prove that there was an employment relationship, but this is already through the court, then a job offer can help. Although other evidence is needed.
In addition, it is important how they will pay. Agree clearly on dates and amounts. The Labor Code does not apply to you, so they can give an advance payment of 1000 rubles. and payment in two months or no payment at all.

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