Probationary dismissal form. Illegal dismissal on probation

Read the instructions on how to issue a dismissal according to on their own on the probationary period... We talked about how it differs from being fired in the usual way. You will learn how to write a statement, draw up an order and make an entry in the work book. What payments are due to an employee. You can also view and download samples of documents.

When concluding an employment contract, the employer and the employee may provide for a test condition for hiring. A probationary period is needed both for the head of the company and for the employee being hired. The employer can assess the professional and business qualities employee, to understand how the employee corresponds to the position. The employee can assess the working conditions.

If the employee decides that the job is not suitable for him, he can quit. We will tell you how a dismissal of their own free will on a probationary period is formalized.

Terms of dismissal on their own on a probationary period

The difference between dismissal during the probationary period is that the employee can leave on an expedited basis. Under normal conditions, an employee must notify the boss two weeks before dismissal (Article 80 of the Labor Code of the Russian Federation). If the probationary period has not yet ended, then it is enough to warn the head three days in advance (Article 71 of the Labor Code of the Russian Federation).

The length of the probationary period is determined by the employer and the employee by agreement. The minimum period is not limited by law, it can be only one day. The maximum term is limited by Article 70 of the Labor Code of the Russian Federation:

On any day of the probationary period, including the last one, an employee can write a letter of resignation. The period of his working off will be three days. If an employee decides to quit when the probationary period has already ended, he will quit with two weeks' work.

Dismissal on probation at the initiative of the employee is drawn up in the usual manner:

  1. The employee writes and submits a letter of resignation to the employer of his own free will,
  2. The employer will arrange for the transfer of cases. The employee reports to the accounting department if he received accountable amounts,
  3. The manager issues a dismissal order,
  4. The accounting department of the company makes the calculation,
  5. Personnel officers make an entry in the personal card and work book,
  6. The employee receives a calculation and certificates in the accounting department, and in the personnel department - a work book.

The peculiarity lies in the terms of working off before dismissal. Let's tell you more about them.

Working off upon dismissal of one's own free will on a probationary period

In general, an employee must notify his manager two weeks in advance of his intention to leave the company. Upon dismissal on a probationary period, the working period was reduced to three days (Article 70 of the Labor Code of the Russian Federation).

The working period begins the day after the employee has submitted the application to the employer. The day of dismissal is the last, that is, the third day of working off.

Example

The probationary period of the manager Vasilyeva A.N. expires May 21, 2018. On April 18, she wrote and handed over to the director of the company a letter of resignation on her own initiative. The working period is from April 19 to April 21. The last day of working off (April 21) is the day of Vasilyeva's dismissal.

Is it possible to quit on probation without working off? Yes, this is possible in two cases:

  • The employer and employee can agree to terminate the layoff at a shorter time. In this case, the termination of the contract is drawn up not on the initiative of the employee, but by agreement of the parties (clause 1 of part 1 of article 77 of the Labor Code of the Russian Federation),
  • An employee can leave without working off if the continuation of work is impossible for objective reasons (Article 80 of the Labor Code of the Russian Federation). For example, for health reasons.

Can I go on sick leave or vacation while working? Can i quit while on vacation or sick leave? Rostrud in a letter No. 1551-6 dated 09/05/2006. recalls that the prohibition on dismissal during sick leave and vacation is established for the employer. The employee himself has the right to quit at any time. Thus, the employee has the right to:

  • Go on sick leave during the period of detention,
  • Write a letter of resignation, already on vacation or on sick leave,
  • Write a vacation application with subsequent dismissal.

Recall that before the end of the working period, the employee has the right at any time to change his mind and withdraw his statement of termination of the contract (Article 80 of the Labor Code of the Russian Federation). This rule fully applies to employees who leave during the trial period.

Documents and payments upon dismissal of your own free will on a trial period

Upon dismissal during the probationary period, the procedure for processing documents is no different from the termination of labor relations under normal conditions.

Resignation letter

First of all, the employee must write a letter of resignation. His form is not approved by law. The employee writes a statement in any form addressed to the head of the company (Letter from Rostrud No. 1551-6 dated 05.09.2006). It is allowed to use the following wording in the application:

  • I ask you to dismiss of your own free will,
  • I ask to terminate the employment contract on my initiative,
  • I ask you to terminate the employment contract on my initiative,
  • Other language that clearly reflects the employee's desire to stop working.

The application can be completely handwritten or printed. In the latter case, the application must contain the employee's handwritten signature and the date of the application. The date of dismissal can be specified taking into account three days of work, but it is not necessary. The employee is not obliged to indicate in the application the reasons for dismissal. You can download a sample application from us:

Dismissal order

The dismissal order is drawn up in the usual manner. The usual wording of the reason for the termination of the employment contract is indicated. The reason is indicated with reference to clause 3 of part 1 of article 77 of the Labor Code of the Russian Federation. It is not necessary to indicate in the order that the employee was dismissed during the probation period:

Employment record

In the work book, a record of dismissal is made in the usual manner. There is no need to make any indications that the employee was fired during the probationary period:

Other documents and payments

On the last day of work, personnel officers, against signature, acquaint the employee with the order of dismissal and issue a work book. The accounting department does its part of the work with the outgoing employee: it gives him the documents and the final calculation:

Do I need to file a dismissal if the employee has given his consent to work, but has not started it? In this case, the employment contract is considered non-concluded. There is no need to issue orders for admission, dismissal and make entries in the work book (Letter of Rostrud No. 5203-6-0 of 12/19/2007).

Can they be fired on probation, usually interests those who get a job with the condition of passing the test. Our material will tell you what the law says about dismissal on probation and what may be its reasons.

What does the Labor Code of the Russian Federation say about the possibility of dismissal on a probationary period

The Labor Code of the Russian Federation gives the employer the right to arrange a test for the employee when hiring, determines the procedure for passing it, the maximum terms, as well as the conditions under which the employment contract with the employee is terminated during this period. When asked whether it is possible to dismiss on probation, Art. 71 of the Labor Code of the Russian Federation gives an unambiguously positive answer, at the same time determining the circumstances under which the test is considered passed.

In addition, determining the conditions for the dismissal of employees based on test results, the Labor Code of the Russian Federation in Art. 70 indicates the circle of persons for whom the probation is not established at all, that is, their dismissal on grounds related to the results of the probationary period is simply impossible.

For which you can be dismissed on probation (the main reasons for dismissal)

Grounds for dismissal on probation 2:

  1. The desire of the employee himself.
  2. The decision of the management if there are objective reasons.

As for the employee's initiative, in this case, the Labor Code of the Russian Federation is limited to the wording that the employee has the right to quit if he considers the job unsuitable. At the same time, he is not obliged to inform the employer about specific reasons that prompted him to refuse further cooperation.

The employer, who decided to terminate the employment contract on the grounds provided for in Art. 71 of the Labor Code of the Russian Federation, on the contrary, is obliged to inform the employee in writing about the reasons why such a decision was made. This provision was introduced to the Labor Code in connection with the increasing cases of abuse by employers of their right to dismiss during the trial.

The reason for the termination of the employment contract may be a disciplinary violation. For this, it must be recorded in the presence of witnesses and described in the corresponding act. Moreover, the guilt of this particular employee must be proven. A written explanation of the employee on this matter is also required.

In addition to the above, employees on trial may be dismissed on the grounds provided for in Art. 81 of the Labor Code of the Russian Federation:

  • upon liquidation of the organization;
  • the change of the owner of the enterprise and the refusal of the employee in connection with this to continue working;
  • the employee's unwillingness to change his place of residence due to the change in the address of the organization;
  • staff reduction, etc.

Also, an employee on probation leaves if he is not satisfied with the change in the terms of the employment contract.

How can you fire an employee on probation?

The process of dismissing an employee directly depends on whose initiative the employment contract is terminated.

Don't know your rights?

If the employee realized that the job did not suit him for any reason and decided to quit, Art. 71 of the Labor Code gives him such a right. At any time before the expiration of the probationary period, the employee can write a letter of resignation and, after 3 days of work, stop labor Relations with the employer. Registration will take place in the same order as upon dismissal of your own free will:

  1. A statement is written and the manager is informed about the intention to terminate the employment contract.
  2. 3 days are worked out.
  3. A dismissal order is being drawn up.
  4. A work book is issued, settlement payments are made. Other documents should also be issued regarding labor activity employee (at his written request): copies of orders for appointment, dismissal, etc.

Normative acts do not define a sample of an employee's application for dismissal on a probationary period, therefore it is left in free form.

The situation with dismissal by the decision of the employer is somewhat more complicated. The latter must not only inform the employee about the dismissal at least 3 days in advance, but also indicate in writing the reasons that prompted such a decision. These can be complaints from customers, colleagues, acts of fixing disciplinary violations, written characteristics of the employee's immediate supervisor, documents confirming insufficient qualifications. All these documents can act as evidence of the legality of the employer's position if the employee subsequently decides to appeal against his dismissal. Then a dismissal order is drawn up, settlement payments and a work book are issued.

IMPORTANT! The law does not oblige the employer to pay severance pay employees dismissed under Art. 71, and inform the trade union bodies. Moreover, part 2 of Art. 71 of the Labor Code directly indicates that in case of unsatisfactory test results, dismissal is made without payment of benefits and taking into account the opinion of the trade union.

Who cannot be fired on probation

Part 4 of Art. 70 of the Labor Code of the Russian Federation defines the categories of workers for whom the test is not established:

  • working on fixed-term contract lasting 2 months or less;
  • transferred between organizations as agreed by managers;
  • who have taken a paid elective position;
  • minors;
  • mothers of children under one and a half years of age;
  • pregnant women;
  • who received a position by competition;
  • first-time job seekers after receiving higher or secondary vocational education for programs with state accreditation (young specialists).

Note: the latter benefit is valid for 1 year from the date of receiving a diploma of education.

In this case, Part 5 of the same standard establishes the duration of the test. By general rule it cannot last more than 3 months. An exception, according to which the maximum period increases to six months, was made:

  • for heads of organizations;
  • deputy heads of the organization;
  • chief accountants;
  • deputy chief accountants;
  • heads of departments of organizations.

This measure is associated with the increased responsibility of such employees, their role in the management of the enterprise and its activities, as well as the inability to assess the effectiveness of their work in a short time.

For persons working under a fixed-term contract for a period of 2 months to six months, the maximum duration of the test is 2 weeks (part 6 of article 70 of the Labor Code). If the employee was not informed about the dismissal based on the test results during this period, he is considered to have passed the test - which means that he cannot be dismissed due to the unsatisfactory results.

About registration of the probationary period

It is impossible not to mention also such important point, as the correctness of registration of the condition of the probationary period. The Labor Code obliges to prescribe it directly in the employment contract. This is also confirmed by the letter of Rostrud No. 642-6-1 dated 11.03.2010. Upon employment, the employee must read, sign and receive a copy of the employment contract in which these provisions are spelled out.

Often, the employer introduces a test condition only in the order for employment, but this is not enough. In this case, the employee is considered accepted without a probationary period, therefore it will not be possible to fire him based on the test results, just as he himself has no right to resign in accordance with Art. 71.

Thus, the dismissal of an employee is possible at any time of the probationary period, but only if there are grounds for that and their clear recording.


"Finally! My dream has come true! I'm hired! " - such thoughts come to the applicant after hiring. But it may also happen that after a while, for various reasons, the enthusiasm of the new employee will be replaced by disappointment: a job that initially brought so many positive emotions becomes a burden and a desire to change places arises.

The best option in such a situation would be to resign of your own free will. If the employee is still on probation, he may have questions about the specifics of dismissal in his case.

How to quit on probation of your own free will?

Not always the initiative to dismiss of his own free will comes from the side of the employee. The employer's dissatisfaction, provoked by the employee with a violation of the organization's rules or low qualifications, may lead to the employer recommending voluntarily and compulsorily to write a letter of resignation of his own free will.

If the subordinates ignore such a "request", a less attractive wording of termination of the contract will be entered in the work book.

Of course, you have the right to challenge such actions of the employer in court, but this is a costly matter and it is not a fact that the court will take your side.

If the employee does not want to conflict with the employer, he must write a statement of the established form addressed to the director of the company.

Dismissal of one's own free will on a probationary period - article of the Labor Code of the Russian Federation

The legislation is more loyal to the subjects at work. If a person is not satisfied with the working conditions and he plans to quit, then according to part 4 of Article 71 of the Labor Code of the Russian Federation, he has the right, within three days, in writing, notify the employer in advance. Whereas, employees who have passed the probationary period are required to notify at least two weeks in advance.

If something does not suit you in the dismissal procedure, then it would be very prudent to demand that you draw up a statement in 2 copies, one of them signed, with a seal and time of work in this organization.

Such a precaution can serve you well in the future - in the event of a labor dispute, you will have an evidence base.

The procedure for dismissal on a probationary period of their own free will

It will be useful for you to know that it is strictly forbidden for the employer to force you to work on a probationary period! An agreement on such conditions is drawn up only with the mutual consent of the parties.

Such a norm was created in order to give employers an opportunity for a kind of "check" or "assessment" of a potential employee, his functionality, discipline, compliance with real and declared qualifications and professional skills.

Accordingly, if the professionalism of the candidate is not in doubt, then the employee immediately proceeds to job responsibilities, in full and without a probationary period.


Also include a test clause in the contract, it is prohibited for individual social groups population:

  1. Pregnant women.
  2. Minors.
  3. For persons who have entered into an agreement up to 2 months.
  4. Associated employers transferred and hired by agreement.
  5. Persons who entered with the help of the state, according to special educational programs.

This list includes other categories of citizens.

If, nevertheless, you work on a probationary period, but decide to quit, then in such a situation there is simplified procedure dismissal, according to (part 1 of article 71) - at the initiative of a citizen.

Application for dismissal of his own free will on a probationary period - sample

Earlier it was already said about the facilitated form of termination of the contract. Now let's discuss in more detail how to properly issue a letter of resignation.

The application consists of several logical blocks that must be filled in according to the procedure for issuing such forms:

  1. The “cap” contains the position of the employer, his surname, initials, as well as the name of the company. (example - " to CEO LLC "Masterlux" to Sidorov A.V. ").
  2. Application number, date, type (on voluntary dismissal).
  3. Reason for dismissal (in accordance with part 4 of Art. 71, Art. 80 of the Labor Code of the Russian Federation, please dismiss me of my own free will, date of dismissal).
  4. Your position, signature and surname with initials (for example, Petrov.Yu.A.).

Three days before the submission of an application filled out according to the above model, it is required to notify the employer in writing about such a desire. If the director is not at the workplace, then it is possible to submit an application, for example, by mail.

On the day of termination of the contract, the employee must be paid full salary. On the same day, documents must be issued, and within the next three days - a work book.

Dismissal on probation at the initiative of the employee - working off

The topic is multifaceted, therefore, for ease of consideration, let's take the average citizen as an example and present them in different positions.

The "test subjects" decided to quit on probation:

  • Anatoly in the role of an employee must work for three days;
  • If Oleg is the leader, then the working time is -1 month;
  • Exactly one month is obliged to work until the date of dismissal, sportsman Artyom or coach Boris, if the term for concluding a contract is more than 4 months.

It will be important to mention one interesting point in the legislation regulating the topic under consideration, Anatoly, guided by Part 4, Art. 80 of the Labor Code of the Russian Federation (you can download the code from the link above), has the right to withdraw his own application for reinstatement in the workplace. The employer is obliged to accept such an application for consideration.

Dismissal on probation without work

Anatoly also has other rights, for example, if he was enrolled in educational institution, then he has the right to submit an application for early termination of the contract. Stanislav Georgievich, who retired during the probationary period, also has the right to be fired without work. Maxim will not work if his salary is delayed.

The persons and situations mentioned, as an example, in the article are fictitious, and are given for the convenience of understanding complex legal turns. All matches are random.

Conclusion: According to labor analysts, the probationary period is intended to test a candidate applying for vacant post... But many dishonest employers use such a mechanism to deceive job seekers. Be vigilant about your internship.

The condition on the appointment of a probationary period when hiring is included in the employment contract.

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The period is given to the employer and the employee to confirm the correct choice of the company or employee.

By signing an employment contract with a provision on a probationary period, the employee agrees to pass it.

Legislative framework

In the Labor Code of the Russian Federation, the procedure for assigning and passing the test is defined in Articles 70 and 71.

During the period, the employee has all the rights that are binding for other employees and the working conditions specified for the entire duration of the contract.

Probation period condition:

  • Should be included in the contract within the period established in the Labor Code of the Russian Federation.
  • Cannot be extended later beyond the period originally specified when the employee was hired. The test period is included in the length of service.

The test may not be established upon employment.

The absence of a condition and the admission of an employee to the performance of duties means employment without a test.

Why is it installed?

Reasons for voluntary dismissal may include:

  • Personal circumstances that have changed after employment.
  • Inappropriate working conditions.
  • Awareness of the lack of qualifications for the performance of duties.
  • Lack of career opportunities.
  • The emergence of a better offer.

The short period for dismissal provided by law allows you to find a new job in the shortest possible time.

Preparation of a statement

Before quitting during the probationary period, the employee must notify the employer of his intention.

When making an entry in the work book, a personnel worker makes a reference to Article 77 of the Labor Code of the Russian Federation:

The document must be served former employee on the last working day, which is also the day of dismissal.

Can I withdraw my application?

Before the preparation of documents for dismissal and their signature by the employee on the last working day, it is possible to withdraw the application.

The employee must submit a new application in writing and record it with the personnel authority or with the employer.

Sample document:


Sample application for the withdrawal of an employee's resignation application

After the notification is withdrawn, the person continues to perform his duties as usual.

An exception to revocation is a situation in which another employee is invited to a vacant position. The invitation must be issued on the basis of a written document.

It is unlikely that there is at least one person who has never come across such a concept as a probationary period.

Dear Readers! The article talks about typical ways of solving legal issues, but each case is individual. If you want to know how solve exactly your problem- contact a consultant:

APPLICATIONS AND CALLS ARE ACCEPTED 24/7 and WITHOUT DAYS.

It's fast and IS FREE!

Many employers install it before hiring a potential employee for permanent job... In this article we will talk about the features of the probationary dismissal procedure.

Why and how much do they look at the employee?

Very often, after interviewing a candidate for workplace the employer offers him to work for some time with a probationary period. The point of such a check is to give the employer the opportunity to look at the applicant “in action” and evaluate his work, as well as how well the employee's desired position corresponds to his knowledge and experience.

This is also an excellent solution for the employee, because he can get to know the place of work, colleagues and superiors better, and if something does not suit him, it is quick and easy to quit without two weeks' work.

It is very important that such a check for workers can be established only if there is an agreement - that is, not only at the request of the employer, but also with the consent of the employee. The contract to be concluded must necessarily reflect both the presence of the test and its duration, as well as the salary of the person employed.

How long the trial period will last is determined by employers, but its maximum duration is indicated in Labor Code... So, its maximum duration is three months.

However, there are types of work for which the duration of the inspection before concluding an open-ended contract can be slightly increased. For example, applicants for the position of the head and his deputies, the chief accountant and his deputy, may be assigned a probationary period of up to six months. This is due to the fact that in order to carry out their work, a considerable level of qualification is required, and it is not always possible for employers to assess the quality of their work in less time.

However, those hiring people should be aware that there may be no probationary period for some types of employees.

  • pregnant women,
  • minors (after all, in accordance with the legislation of our country, persons who have already reached the age of fourteen can officially get a job),
  • workers who are transferred from one enterprise to another (if there is an agreement between employers),
  • young specialists who are entering a job corresponding to their specialty for the first time due to their recent higher, secondary or primary vocational education.

Probationary periods should also not be set for those who are transferred from one position to another within the same company. In addition, the check is not established for those hired under fixed-term employment contracts.

The verification period cannot be extended.

However, the employer can deduct from it the days the employee actually spent on sick leave or the employee took time off. Thus, the trial can be extended for the number of days that the employee was not performing his functions.

Reasons for dismissal on probation according to the Labor Code of the Russian Federation

Many believe that having a probationary period makes it much easier for the person who hired him to refuse to continue working with the employee. However, this is not entirely true. The Labor Code prescribes all those situations that allow employers to fire employees during the probationary period and when it expires.

Dismissal initiated by the employer

If the passing of the test by the hired employee is unsatisfactory, the employer has the right not to continue working with him further.

Thus, if the hired employee does not meet the requirements for him, after the expiration or right during the probationary period, such an employee may be dismissed.

However, the incompetence of the employee must be confirmed, because an unfounded accusation can be challenged by the employee in court. And with a positive decision of the court, the employee will be reinstated, but already without passing preliminary checks. In order to prove that such a dismissal of an employee is based on objective grounds, fixed evidence of his mistakes is needed.

In addition, the reasons for dismissal may be:

  • truancy,
  • non-observance of labor discipline,
  • unprofessional behavior, etc. - that is, everything is the same that can lead to the dismissal of the employee with whom an open-ended employment contract was signed.

Employees must be notified of the dismissal in writing and 3 days before the date of actual dismissal or before the end of the trial. It is important to indicate specific and justified reasons for dismissal.

Dismissal at the initiative of an employee

However, not only the reluctance of the employer to continue cooperation is the reason for the termination of cooperation between the employee and the employer. The worker himself also has the right to declare his dismissal if, during the probationary period, he has come to the conclusion that this job is not suitable for him.

In this case, the application must be satisfied by the employer and without giving reasons. It is enough just a written notice to the employer of the dismissal, which must be done three days before the dismissal or before the end of the verification period.

Features of the situation

There are peculiarities of the dismissal procedure both before the end of the test and after the expiration of it.

Testing

Everyone knows that when employees who have employment contracts, whether fixed-term or indefinite, are dismissed, the employer may demand legal work for an additional two weeks. In the event that an employee leaves who has not passed the probationary period established for him or who wrote a statement “of his own free will,” the situation is different.

When an employer fires an employee for absenteeism or incompetence before the inspection is over, he has the opportunity to demand 3 days' work from the dismissed.

The same happens in a situation where a person on probation decides to quit and informs the employer about it. In the same situation, if the employing organization does not plan to continue working with him after he completes the verification, or if the employee himself decides to dismiss after the completion of the probationary period, then it is impossible to establish working off.

In addition, dismissal can be signed without working off by agreement of the parties even until the time when the trial period ends itself.

On sick leave

Those working on a probationary period are no different from those working on a permanent basis, and also, sometimes, take sick leave. Then it can be difficult to fire such an employee.

The Labor Code prohibits the dismissal of any employees during the period of their incapacity for work caused by illness and confirmed by the relevant documents - that is, a sick leave presented.

In this case, it does not matter whether an open-ended employment contract has been concluded with the employee or whether the employee is on a due date. Therefore, dismissal can only occur after the employee returns to work after recovery.

If during this time the probationary period comes to an end, it can be increased, because the days that the employee was sick cannot be counted in it. If the term was extended, but after that the employer still wants to dismiss the employee, he has the right to either notify the employee about the dismissal three days in advance, and then dismiss, or wait until the end of the term.

Directors and financially responsible employees

The procedure for the dismissal of a director and financially responsible employees is not too different from the dismissal of any other categories of employees for whom the probationary period ended negatively. Following this logic, the employer should not require work, which is more than 3 days.

Nevertheless, the Labor Code gives him the right to establish the procedure for accepting and transferring cases when changing financially responsible employees.

This order must be fixed by local regulations, which, however, cannot contradict the current Labor Code. But it is worth noting that the director or other financially responsible employee bears personal financial responsibility in case of failure to deliver the property that was entrusted to him.

For public and private institutions

Norms enshrined in the Labor Code Russian Federation- in particular, those referred to in Article 71 are equally binding and applicable in both public and private institutions.

The employee dismissal scheme remains unchanged.

Probationary dismissal procedure

Dismissal on probation corresponds to a special procedure, the fulfillment of all points of which is strictly obligatory.

Preparation of documents

The methodology of actions for the preparation of documentation and the procedure for dismissing an employee at the request of the employer has its own scheme.

It looks like this:

  1. First of all, it is necessary to prepare documents illustrating that the worker does not really meet the requirements for him and prescribed in the employment contract, and also does not cope well with the work entrusted to him. To do this, it is necessary to have memorandum receipts of the employee's managers, truancy (necessarily confirmed by the relevant acts), explanatory notes(written directly by the employee) or written complaints from customers.
  2. Then a notice must be drawn up of the willingness of the employing party to terminate the contract with the employee. This notice must contain all the grounds that the employer is guided by when wanting to dismiss the employee. The notice must be served to the employee no later than 3 days before dismissal or on the day when the probationary period ends. In addition, the notice must be recorded in the log book.
  3. An order is issued to terminate the employment contract with the employee, which must also be registered in the register of orders and orders. The employee must sign that he is familiar with it.

After that, the employee must be paid wages within ten working days, as well as other payments due to him by law - for example, compensation for unused days vacation.

See also a video about the features of the probationary period for workers

Labor enrollment

After an employee of the company who has not passed the probationary period is dismissed at the request of the employer or by writing a letter of resignation himself, as well as after the payment of all due payments to him, an entry is immediately made in the work book.

There is also a record of the reason for the dismissal. As a sample: " Labor contract terminated on the initiative of the employer due to an unsatisfactory test result, article 71 of the Labor Code of the Russian Federation.

It is necessary to make a photocopy of the book of the employee who quits, and this copy remains in the archive of the enterprise. It is also necessary to leave an appropriate entry in the employee's personal file or card, using the above example of an entry.

In order to avoid problems in the relationship between the employer and the employee, it is necessary to arrange them correctly. See sample

Interested in how to open a pharmacy? Look for instructions

To conclude an agreement, it is worth clarifying on the basis of which the IP acts. All information in

Vacation payments and compensation

When an employee undergoing inspection is dismissed, his employer dismisses him, or he himself wrote a letter of resignation, he is entitled to the same payments and compensations as when dismissing employees with an open-ended employment contract.

That is, in addition to wages for the entire period of work, it is necessary to pay the employee compensation for the unspent vacation days and for the period when he was on sick leave (if this was the case).

The calculation takes into account the time that the employee actually worked at the enterprise, his total work experience, as well as the time the employee was granted unpaid leave (leaves at his own expense).

Controversial situations: judicial practice

Often there are legal proceedings between the employee and the employer regarding the dismissal on a probationary period.

Most often, their causes are:

  • Failure to acquaint the employee with his job responsibilities.
  • No warning 3 days before the dismissal of an employee who has not passed the probationary period.
  • The employer has no reason to consider the employee's work unsatisfactory.