The problems of legal regulation of the institute of testing for employment are considered. The doctrinal approach to understanding the probation period and its significance for the parties of labor relations is analyzed. The emphasis is placed on the legislative uncertainty of both the norms of the Labor Code of the Russian Federation and the acts of the higher courts, which take the position of an expansive interpretation, which leads to heterogeneous judicial practice and violations by employers. Amendments to the current labor legislation are proposed in order to develop a unified approach to understanding the test when applying for a job and to streamline the relations of the parties to an employment contract.
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