What methods will help you understand whether a marketer is good in front of you, and what 5 terms will allow you to immediately see if a specialist is in the subject or in no case should he be involved in promotional activities, the site told the portal Konstantin Zudov, art director of an advertising company.

- Konstantin, is it possible to understand at first glance that the marketer in front of you is not so hot?

Undoubtedly. At the very beginning of the interview, you can already understand what kind of specialist is in front of you. Appearance, body language and introductory self-presentation of the candidate will already be able to tell a lot about the person. A modern marketer should be a versatile person, with bright communication skills and analytical abilities. All this can be seen both at the initial stage of selection on the resume, and at the interview.

- What are the ways to test a marketer?

There are many such tests. Firstly, you can ask the candidate to prepare a test task before the interview. Well, if it is not focused on the specifics of your company. As a rule, at this stage it will be possible to weed out inappropriate people who are not “in the know” of your business.

Secondly, you can take an interest in the qualitative results achieved in previous places of work - not what duties did you perform, but what did you achieve for the company and yourself personally.

Thirdly, it is possible and necessary to use professional terms in a conversation in order to assess the level of proficiency in a profession - how deeply a person understands his industry. Ask what professional book he last read and when, what industry conference he was at, what he thinks about the latest big news in the advertising business.

It will not be superfluous to model a task / problem within the framework of your company's activities and ask the candidate to give its solution. So you can evaluate not only how original and effective solution a specialist can offer, but also how quickly he will solve the business problem.

- How to identify a person "not in the subject"?

It's pretty simple. It is enough to ask one or two questions on professional theme, as it becomes clear how much a person understands a given topic. In our agency, it happened more than once that the interview ended in the second minute. And this is despite the fact that the candidate successfully passed the selection on the resume and test task.

- What terms should be used in order for a person to show his involvement in the community?

The most popular terms that any marketer should own, regardless of his specialization:

B2B (business to business);

CA (target audience);

KPIs ( key indicators efficiency);

Margin (profit);

Lead ( potential client responding to marketing activity).

In the future, you can use terms by industry, depending on what kind of specialist you are looking for. For example:

For internet marketing:

SMM (attracting an audience through social networks);

SEO (search engine optimization);

CMS (content management system);

CRO (conversion rate optimization);

DM (direct marketing).

For trade marketing:

For event marketing:

Team building (team building event);

Catering (off-site restaurant service);

Clackers (specially invited extras);

Conference (voice accompaniment of the program of the event);

ROI (return on investment for a sponsored event).

It would be useful to use modern professional slang in a conversation: “share insights”, “catch a hype”, “storm”. Only in moderation!

- What can you give? test tasks candidates before being invited to the office?

In our agency, we usually practice tests focused on our business, or on the business of our clients. This may be a task to write some text, prepare technical task for a designer or programmer, to draw up a program of marketing activities to solve a problem.

Passing an employment test may be one of the conditions for substitution vacant position In the organisation. In this regard, it is necessary to know what procedure for passing the test is provided for by law and what documents are drawn up within this period.

The procedure for passing the IP in accordance with the Labor Code of the Russian Federation

According to this rule, in the event that the probationary period has not been completed, the employer has the right to terminate labor relations. When making such a decision, the employer is obliged to notify the person in writing about this. The notification shall be sent no later than three days before the day of termination of legal relations. Failure to comply with this procedure is the basis for appealing the decision to the court.

In case of termination of relations, the opinion of the trade union (if it exists in the organization) is not subject to consideration. There is also no severance pay.

It should also be noted that if, in the process of performing duties, a person comes to the conclusion that the job is not suitable for him, then he also has the right to terminate the relationship on own will. In this case, the employee is also obliged to notify the employer no later than three days before the date of termination of the contract.

Report conclusion on the passage of IP

One of important documents compiled on the basis of the results of passing the test by a new employee - a report. The information included in the report reflects the ability of the candidate to fill a position in the organization on a permanent basis, to fulfill the duties stipulated by his position.

The report must be completed by a person who has been assigned as a curator or mentor. The basis for the preparation of the report is the probation plan, which indicates the main tasks.

The report should contain information on how the person coped with the tasks assigned to him during the trial period, whether there were errors in his actions and how they were corrected by him.

Attention! The law establishes the period during which the report is prepared. It must be ready no later than 2 weeks until the end of the test period.

In addition to the report, the curator of the employee draws up a conclusion, which is also integral part all test documentation. This document is a summary of the information included in the probation report and characterization.

The conclusion may take the form:

1. order;
2. Analytical note;
3. Act drawn up by the commission.

The organization may establish the form of conclusion by an internal act. When such a form is not established, the conclusion is drawn up arbitrarily.

In conclusion, the assessment is indicated:

1. The professional competence of the person;
2. His obligations;
3. performance;
4. Ability to plan work;
5. The quality of the work performed;
6. Compliance with work schedule;
7. Ability to collaborate with other employees.

An example of a conclusion on the passage of a probationary period, as well as a sample assignment for a probationary period, can be found below:

Characteristics of the employee after the verification period

Characteristics - another document compiled on the basis of the results of passing the test when applying for a job.

The characteristic is compiled, like other documents, by the curator. When the organization has established the form of such a document, the characteristic must be drawn up strictly in accordance with it. When such a form is not approved, it is compiled arbitrarily.

The specification must include the following information:

1. About the organization;
2. About the person in respect of whom a probationary period is established, indicating his personal information, as well as information about the position and structural unit work;
3. The period of the test;
4. If the employee has an experience, his experience is indicated;
5. Information about the curator;
6. Information about the tasks that were assigned to the person during the trial period;
7. Conclusions and comments of the head (it is indicated that the employee did during the test period, whether the employee coped or did not cope with the tasks assigned to them).

Employer's actions at the end of the test

After the trial period has ended and all necessary documentation about the employee passing the test is prepared, the employer must decide whether the employee was suitable for him.

When an employee at the end of the probationary period continues to carry out labor activities in the organization, this means that he successfully coped with the tasks set. Additional registration of the employee after the probationary period is not required.

However, not always the person hired successfully passes the probationary period. In this case, the employer must prepare a conclusion on passing the test in writing. Further, the employee must be familiarized with the results (the fact of familiarization is confirmed by his signature). When the employee refused to sign, an act is drawn up.

When the basis for terminating the contract is the initiative of the employer, the order must indicate the reasons for terminating the employment contract. Such a reason for dismissal of an employee is not passing the test.

Note! When the test is terminated earlier than the date established by the agreement, the employer is obliged to issue an order to this effect. The decision to terminate the probationary period should be made known to the employee.

According to article 70 of the Labor Code of the Russian Federation, the trial period can last for different cases:

• no more than two weeks;
• no more than 3 months;
• no more than six months;

The shortest probationary period is provided for when concluding a fixed-term employment contract of up to 6 months. The same rule applies to seasonal workers.

The usual probationary period does not exceed 3 months. By agreement of the parties, it may end earlier, but not later.

A six-month probationary period may be established for the chief accountant, head of the company, its branch, representative office, as well as their deputies.

The longest probationary period of up to a year is set upon admission to the civil civil service. If an employee is transferred from one government agency to another, then the maximum test is six months.

IN Labor Code The RF lists the categories of workers for whom it is impossible to establish a probationary period:

• If the candidate entered the job on a competitive basis.
• Pregnant women.
• Employees with whom a contract is concluded for two or less months.
• Candidates under 18 years of age.
• Former students who completed primary, secondary, or higher education, and for the first time they went to work according to their specialty.
• Disabled persons sent to work based on the recommendations of a medical examination.
• Specialists invited in the order of transfer to work for another employer.
• If the candidate has been elected to an elective office.
• Persons who were transferred to the reserve from service (military, alternative).

Pay during the trial period

An employee who is in the probationary stage is fully covered by labor law. Therefore, if the company decided to stipulate in the contract that the trial period would not be paid, then this is a clear violation of the law.

Moreover, many employers deliberately set the testee a lower salary, promising to increase it after the probationary period.

Firstly, it is impossible to limit the remuneration of an employee who is on probation. The size of his bet must not be less than the rate provided for in staffing for this position.

Secondly, the reduction of the salary during the test falls under the article of discrimination. For example, in the staffing of a company there are 2 positions for a purchasing manager. One position is occupied by an old employee, and a new person with a probationary period has been hired for another. So, a newcomer from the first day of his work should have the same salary as an employee who has been working in a similar position for several years.

But, nevertheless, almost all companies set workers on probation a lower salary. This can be done quite legally, for example, by changing the salary for the novice position in the staffing table. At the same time, it is worth remembering that the salary should not be less than the minimum wage.

The tested specialist may be paid a bonus and other incentive payments prescribed in the regulation on bonuses and remuneration. Also, the employer is obliged to pay the testee a certificate of incapacity for work, overtime, going to work on weekends and holidays.

Can an employee's probationary period be extended?

It is not forbidden to increase the trial period, but only if its duration does not exceed the norms established by law.

For example, when the probation period of an employee is one month, but after this time the employer has doubts about professional qualities candidate, the probationary period can be extended up to three months or up to six months, if we are talking about the position of chief accountant, branch manager.

It is impossible to increase the length of the probationary period without the consent of the employee. Therefore, the task of the employer is to justify their decision to extend the test.

It is necessary to document the employee's mistakes, untimely execution of tasks, violation of labor discipline, attach office notes leaders, if any. Documented facts are transferred to the employee for review against signature.

If the candidate agrees with his shortcomings in the work, then an additional agreement is made to the employment contract to increase the probation period.

In the event that the employee considers the claims unfounded and does not agree to an increase in the probation period, then dismissal is allowed on the basis of irrefutable written evidence.

The procedure for the dismissal of an employee who has not passed the probationary period

Dismissal of those who have not passed the probationary period, step by step instructions:

Step 1. Prepare a notice in writing for the employee in advance, indicating the reasons why further cooperation is impossible.

These reasons must be documented. This may be a memorandum of the head, an act of non-compliance job duties, who disciplinary action, written complaints from clients with whom the specialist worked, minutes of the meeting of the commission to determine the outcome of the probationary period, etc.

The notice also indicates the date of the planned dismissal and the date the document was drawn up. The notice is drawn up in 2 copies for each of the parties.

Step 2. Give the notice to the employee no later than 3, and preferably 4 days before the end of the trial period, or the date of the planned dismissal, if the decision to terminate cooperation was made much earlier than the end of the trial period.

If this is not done in time, then the employee is automatically considered to have passed the test.

Step 3. The employee reads the notification and signs for its receipt, indicating the date. If the employee refuses to sign the notice, the employer draws up an act signed by at least two witnesses.

Step 4. A dismissal order is issued. An entry is made in the work book corresponding to the article of dismissal.

Step 5. On the day of dismissal, the employee receives work book, salary for days worked and compensation for unused vacation (if any).

In cases where the specialist himself decides to terminate the employment relationship without waiting for the end of the test, he must notify the employer 3 days in advance. At the same time, he writes a letter of resignation on his own initiative, and resigns precisely under this article.

It should be noted that the dismissal of employees who have not passed the test period is equated to dismissal at the initiative of the employer. Therefore, you should familiarize yourself with Article 81 of the Labor Code of the Russian Federation before removing a specialist from his position.

For example, you cannot fire a pregnant woman, or a woman raising a child under three years old. If an employee is on vacation or temporarily unable to work, then it is also prohibited to dismiss him.

The procedure for passing the IP in accordance with the Labor Code of the Russian Federation

The norms of labor legislation contain the procedure for appointing and passing by an employee hired on a probationary period.

A probationary period is appointed only if there is a provision for it in the concluded labor agreement. In the absence of a provision on it, the person is considered to be employed without a probationary period.

The trial period cannot be more than 3 months. For a separate category of managerial positions (head of an organization, Chief Accountant or their deputies) installed maximum period equal to half a year.

The law established a ban on establishing tests and, accordingly, the deadline for its implementation when hiring:

1. Persons who were selected on the basis of the results of the competition;
2. Women who are pregnant at the time of employment or who have children under one and a half years old;
3. Persons who have not reached the age of majority;
4. Persons who went to work to fill a position in their specialty within a year after receiving education;
5. Persons who have been elected to a paid position;
6. Persons accepted on the basis of a transfer;
7. Persons, period of imprisonment labor agreement with which no more than two months.

To establish a probationary period, the employer must develop and approve a regulation on the procedure for passing the probationary period.

The work plan of the employee during the verification period

To check whether the skills of the accepted person correspond to his position, the employer has the right to draw up a plan for his test work. The main objective of the plan is to identify the skills that are necessary for the successful performance of job duties.

The program, work plan for the probationary period is a document with a table, the columns of which provide for the fulfillment by the person of the assigned tasks. The compilation of the table is mainly carried out either by the personnel officer of the employer, or by an employee who has experience in the field of activity of the subject.

As a rule, the plan is drawn up for one month, for each individual. When the results of the implementation of the set plan are successful, after a month the employer has the right to end the probationary period.

The plan should include the following list of information:

1. Personal information of the accepted person, indicating the division of work and position;
2. Trial period;
3. Information about the person who will control the implementation of the plan;
4. The list of tasks to be completed, the time for their implementation, the expected result of the activity, the actual result, the list of comments (if any).

The work plan for the trial period must be presented to the employee for review.

Please note that the list of tasks that are included in it must correspond to the official duties of the person.

A sample assignment for a trial period can be found below:

Certification

Conducting certification is one of the options for completing the test for a person. The main task of certification is to establish his level of qualification.

Note! Certification is allowed only if the enterprise has adopted internal acts containing a provision on the need for it, on the category of employees in respect of which it can be carried out, the period of its implementation and other requirements for the procedure.

There are several forms of certification:

1. Oral. It is an interview that is conducted individually or as part of a commission. During the interview, the candidate is asked questions related to his official duties and listen to his answers. Based on the results, a decision is made;
2. Written. Carrying out this form of attestation involves testing the person;
3. Mixed. It is an oral interview with the obligatory giving of answers to questions in writing.

Important! It must be said that the candidate must be familiar with the criteria for evaluating the results of certification established in the organization in advance.

As a rule, the assessment of the results is established on the basis of the complexity of the certification work itself, as well as the list of duties of the employee himself, established job description. It is possible to accurately determine the result of the work performed by an employee only if an agreement with him defines a specific list of his duties.

If, according to the results of attestation, a person is recognized as not corresponding to the position held, but the scope of his duties is not defined by agreement, such a decision is the basis for applying to the court.

Report conclusion on the passage of IP

One of the important documents drawn up based on the results of passing the test by a new employee is a report. The information included in the report reflects the ability of the candidate to fill a position in the organization on a permanent basis, to fulfill the duties stipulated by his position.

The report must be completed by a person who has been assigned as a curator or mentor. The basis for the preparation of the report is the probation plan, which indicates the main tasks.

The report should contain information on how the person coped with the tasks assigned to him during the trial period, whether there were errors in his actions and how they were corrected by him.

Attention! The law establishes the period during which the report is prepared. It must be ready no later than 2 weeks before the end of the test period.

In addition to the report, the curator of the employee draws up a conclusion, which is also an integral part of all documentation on passing the test. This document is a summary of the information included in the probation report and characterization.

The conclusion may take the form:

1. order;
2. Analytical note;
3. Act drawn up by the commission.

The organization may establish the form of conclusion by an internal act. When such a form is not established, the conclusion is drawn up arbitrarily.

In conclusion, the assessment is indicated:

1. The professional competence of the person;
2. His obligations;
3. performance;
4. Ability to plan work;
5. The quality of the work performed;
6. Compliance with work schedule;
7. Ability to collaborate with other employees.

An example of a conclusion on the passage of a probationary period, as well as a sample assignment for a probationary period, can be found below:

Employer's actions at the end of the test

After the probationary period has ended and all the necessary documentation for the employee passing the test has been prepared, the employer must decide whether the employee was suitable for him.

When an employee at the end of the probationary period continues to carry out labor activities in the organization, this means that he successfully coped with the tasks set. Additional registration of the employee after the probationary period is not required.

However, not always the person hired successfully passes the probationary period. In this case, the employer must prepare a conclusion on passing the test in writing. Further, the employee must be familiarized with the results (the fact of familiarization is confirmed by his signature). When the employee refused to sign, an act is drawn up.

When the basis for terminating the contract is the initiative of the employer, the order must indicate the reasons for terminating the employment contract. Such a reason for dismissal of an employee is not passing the test.

Note! When the test is terminated earlier than the date established by the agreement, the employer is obliged to issue an order to this effect. The decision to terminate the probationary period should be made known to the employee.

Payment of taxes for an employee on probation

Quote: Employees work in an organization without a written employment contract. Salaries are received informally. What is the responsibility of the employer in this case?
December 25, 2012
Labor relations arise between an employee and an employer on the basis of an employment contract concluded in accordance with the Labor Code of the Russian Federation (Article 16 of the Labor Code of the Russian Federation).
In addition to the obligation to draw up an employment contract (part two of article 67 of the Labor Code of the Russian Federation), the employer is obliged to perform a number of actions:
- issue an order for employment (Article 68 of the Labor Code of the Russian Federation);
- fill out a work book for an employee (Article 66 of the Labor Code of the Russian Federation);
- conduct preliminary medical checkup when concluding an employment contract in cases provided for labor law(Article 69 of the Labor Code of the Russian Federation);
- conduct a briefing on labor protection (part two of article 212 of the Labor Code of the Russian Federation);
- perform other actions provided for by labor legislation.
In the informal employment of a citizen, the employer does not perform all these actions.
Moreover, an employee who is employed informally loses all those labor rights that the employer must provide to him in the course of the implementation of labor relations, for example, the right to annual paid leave, temporary disability and maternity benefits, and others.
Failure to perform each of these actions is a separate administrative offense, for which a separate punishment is provided (Article 4.4 of the Code of Administrative Offenses).
In accordance with Art. 5.27 of the Code of Administrative Offenses of the Russian Federation, violation of the legislation on labor and labor protection entails the imposition of an administrative fine on officials in the amount of 1 thousand to 5 thousand rubles; on persons carrying out entrepreneurial activity without forming a legal entity - from 1 thousand to 5 thousand rubles or an administrative suspension of activities for up to 90 days; for legal entities - from 30 thousand to 50 thousand rubles or an administrative suspension of activities for up to 90 days. According to part 2 of this article, the same violation committed by an official who was previously subjected to administrative punishment for a similar offense entails disqualification for a period of 1 to 3 years.
Note that if the employer is held liable under Art. 5.27 of the Code of Administrative Offenses of the Russian Federation, both the head and the entity(Part 3, Article 2.1 of the Code of Administrative Offenses of the Russian Federation).
In case of application of the disqualification provided for in Part 2 of Art. 5.27 of the Code of Administrative Offenses of the Russian Federation, it must be taken into account that a similar offense referred to in this norm should be understood as the commission by an official of the same, and not any violation of labor and labor protection legislation (clause 17 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated March 24, 2005 N 5 ).
In case of committing an administrative offense expressed in the form of inaction, the period for bringing to administrative responsibility is calculated from the day following the last day of the period provided for the performance of the relevant duty (clause 14 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated March 24, 2005 N 5 “On Certain Issues arising from the courts in the application of the Code Russian Federation about administrative offenses).
The term for bringing to administrative responsibility for each of the offenses is calculated separately depending on the time of its commission (the time of non-fulfillment of one or another obligation of the employer).
Thus, in case of non-formalization of labor relations, the employer is held liable not once - for not formalizing labor relations, but several times - depending on the number of unfulfilled duties provided for by labor legislation and the time of their non-fulfillment.
Moreover, in case of non-registration of labor relations wage, which is the main component of the tax base for income tax individuals(Articles 209, 210 of the Tax Code of the Russian Federation), as well as the basis for calculating mandatory insurance premiums (Article 8 federal law dated July 24, 2009 N 212-FZ “On insurance premiums in Pension Fund of the Russian Federation, the Social Insurance Fund of the Russian Federation, the Federal Compulsory Medical Insurance Fund"), is paid unofficially.
In this case, the payment of personal income tax and insurance premiums does not occur, for which the employer may also be held liable.
Firstly, the tax authority may require withholding personal income tax from employees receiving a “black” salary, and may also impose a fine on the employer in the amount of 20% of the amount that should have been withheld from employees or paid to the budget (Article 123 of the Tax Code of the Russian Federation ).
Secondly, off-budget funds may also require payment of insurance premiums and impose a fine in the amount of 20% of the unpaid amount of contributions or 40% - in the case of the intentional commission of this offense (Article 47 of Law N 212-FZ).
Thirdly, art. 199.1 of the Criminal Code of the Russian Federation provides for criminal liability for non-fulfillment in personal interests of the duties of a tax agent on a large scale or on an especially large scale.
Prepared answer:
Legal Consulting Service Expert GARANT
Korobeinikov Evgeniy
Response quality control:
Reviewer of the Legal Consulting Service GARANT
Mikhailov Ivan

Work - department for the promotion of educational services and work with graduates

It's a violation of the rules current legislation. The same situation applies to wages.

It should not be less than that received by other employees in a similar position and with the same work experience as new employee. That is, the employer does not have the right to prescribe in employment contract one amount of remuneration for the duration of the test, and after - a different amount. But employers have found a way out of this situation without violating the norms of the Labor Code of the Russian Federation. They set low salaries for all employees, regardless of position, qualifications and work experience. And then monthly bonuses are paid to their employees, taking into account these facts. Therefore, an employee on a trial period, as a rule, receives less than other employees. It is possible to carry out a dismissal during a trial period according to a simplified scheme, regardless of who initiates it - the employee or the employer.

If, after the expiration of the probationary period, the employee has not received negative feedback about his labor activity, it is considered that he successfully passed the control period. A separate order or instruction on such results is usually not issued. 2.

If the employer is not satisfied labor success subject, then the employee must be notified in writing of such opinion.

The report on the results of the probationary period must contain the reasons on the basis of which a conclusion was made about unsuitability for this position. The option in which the candidate is denied the occupation of the desired job entails some difficulties for the employer. If the reasons in the notice are insufficiently substantiated, the employee can file a lawsuit in court and appeal against the decision of the employer. Therefore, the management of the enterprise must carefully select documentary evidence of the insolvency of the candidate.