Dismissal on probation. Everything about dismissal on probation at the initiative of an employee: a sample application, working off and other information

Job search, as well as recruiting, is a laborious process. Even if the vacancies meet the requirements professional quality candidate, and the proposed job is completely suitable for this specialist, there are no guarantees that cooperation will necessarily be successful and long.

How long can be set?

Hiring for a trial period allows you to determine the possibilities of further cooperation. According to this period, it can be different in different cases. There are the following options:

No more than 2 weeks;

Probation 3 months (or less);

Up to six months;

Up to one year.

In this case, the shortest duration is provided when an urgent one is concluded (up to six months). This also applies to seasonal workers. A probationary period of 2 weeks can be established for them, but no more.

However, it usually lasts longer. In most cases, the trial period lasts up to 3 months. The Labor Code of the Russian Federation indicates that it can end by agreement of the parties or earlier, but not later. A period of 6 months can be set, for example, for the head of the company, its representative office, branch, chief accountant, as well as their deputies.

In what cases is recruitment carried out on a probationary period for the longest time? For example, when an employee enters the civil service. How long does the probationary period last in this case? Up to one year. However, if an employee is transferred to a new job from one government body in the other, the maximum time is six months.

Categories of workers for whom a probationary period cannot be established

The above rules do not apply to all potential employees. There are categories of workers for whom a probationary period cannot be established (the Labor Code of the Russian Federation indicates the relevant cases). These are pregnant women, candidates under 18 years of age, employees with whom the contract is concluded for 2 months or less. Another case is if a candidate for a job entered through a competition. In addition, this category includes former students who have received a higher, secondary or primary education and those who first started to perform their positions in the specialty they received. Also, hiring for a trial period is impossible for people with disabilities who were sent to this position based on the results of a medical examination. Another category is specialists who were invited to this place in the order of transfer to another employer. The last two cases are if a candidate is elected to an elective position, as well as if he is retired from service (alternative, military).

Why do you need a trial period?

Recruitment for a trial period upon entry into office is introduced not only for the future employee, but also for the employer. During this period, both parties have the opportunity to look at each other and understand whether cooperation should be continued. During the test, the employer evaluates business qualities, the employee's ability, his sociability, the ability to carry out orders with high quality, compliance with the position held, his observance of the rules established in the company, as well as discipline. During this period, the employee makes a conclusion about the company, his position, salary, responsibilities, management and team.

How is work paid during the probationary period?

The employee who is at the test stage is fully covered. Therefore, if the company agreed in the contract that this period will not be paid, this is a clear violation of Russian law. In addition, many employers nowadays deliberately set a lower salary for the subject, promising to increase it later. In this regard, the following can be said.

Firstly, an employee who is at the trial stage cannot be limited in remuneration. His rate should not be less than that provided for this position in the staffing table. Secondly, a company that reduces its salary during the probationary period falls under such an article as discrimination. For example, in the staffing table of a company, there are two rates for a purchasing manager. The first one is occupied by an old employee, and the second one was invited new person with the passage of the probationary period. In this case, from the first day of work, a newcomer must have no less salary than that of a worker for several years in a similar position as an employee.

Legal way to set a lower salary during the probationary period

Nevertheless, practically all companies set lower salaries for employees during the probationary period. This can be done quite legally by changing, for example, the salary of employees for the newcomer position in the staffing table. However, it should be remembered that its size should not be lower than the minimum wage.

A specialist who is on a probationary period may be paid a bonus, as well as other incentive payments, which are spelled out in the regulation on remuneration and bonuses. The employer is also obliged to pay the subjects overtime, sick leave, going to work on holidays and weekends.

Registration of a probationary period

A trial period is subject to mandatory registration. You need to conclude an employment contract with the employee, and an order for hiring an employee is issued on the basis of it. These documents indicate the duration of the test period. V work book do not make the entry "accepted for a trial period", it only notes that the employee is hired.

Extension of the probationary period

It is not prohibited to increase it, but only if the duration of the probationary period does not exceed the norms, established by law... For example, if initially it is 1 month, and the employer, after this period, still has doubts about the suitability of the candidate for this position, the trial period can be extended to 3 or to 6 months if we are talking about the vacancy of the head of the branch, chief accountant.

It is impossible to increase its duration without the consent of the employee. Therefore, the employer must give reasons for the decision to extend the probationary period.

The need for a written record of the facts of violation of labor discipline by an employee

Untimely performance by an employee of tasks, his mistakes, violation labor discipline should be documented, and if there are leaders, then you need to attach them. The facts, attested in this way, should be transferred to the employee for review. To confirm, he must put his signature. If the employee agrees with the shortcomings in the work, then it is made to the employment contract, and the probationary period is increased. If the employee believes that the claims against him are unfounded and does not give his consent for an additional period, dismissal is allowed, which must be based on written irrefutable evidence.

Rights and obligations that an employee has during the probationary period

They are no different from those of other employees working in this company. A specialist registered for a trial period has the following rights:

Receive salary, bonuses, overtime pay allowances, and other incentive payments;

Take sick leave, on the basis of which to receive insurance payments for the period of incapacity for work;

Quit at any time on own initiative(it is not necessary to wait for the end of the probationary period);

Take the weekend at your own expense or at the expense of future vacation; however, the employer in this case may refuse to take leave for legal grounds, if this does not contradict the Labor Code of the Russian Federation, Article 128: for example, if an employee has a child, then he should be given time off without pay for up to five days.

The duties of the employee are as follows:

Observe internal regulations, fire and labor discipline;

Comply with the terms of the contract;

Perform work duties in accordance with the job description.

Dismissal of an employee who has not passed the test period

First of all, a written notice should be prepared in advance for the employee, in which it is necessary to indicate the reasons why further cooperation is impossible. They must be documented. This can be an act of disciplinary action, an employee's failure to fulfill his job duties, written complaints from clients who interacted with a specialist, or, for example, the minutes of a commission meeting, in which the outcome of the probationary period was determined, etc. The notification also indicates the date of the planned dismissal and drawing up a document. It is done in duplicate (for the employee and for the employer).

The next step is to deliver this notice to the employee no later than three days (or preferably 4) before the end of the trial period or the date of his planned dismissal (if the decision to terminate the contract was made much earlier than the end of the trial period). Note that if this is not done on time, the employee will be automatically considered to have passed the test.

The next step is to familiarize employees with the notification and sign it with the date. If those who have not passed the probationary period refuse to sign, the employer draws up a special act. It must be signed by at least 2 witnesses.

The next step is that the employee, on the day of dismissal, receives a salary for the days he worked, a work book and compensation for unused vacation, if any.

Termination of the contract by decision of the employee

If the specialist independently decides to terminate the contract before the end of the probationary period, the employer should be warned about this. He must write a letter of resignation, indicating the reason "on his own initiative", and then the contract is terminated under this article. If employees who have already passed the probationary period are required to notify their employer of their desire to quit two weeks in advance, then the employee passing the probation must notify him in just three days.

Cases in which dismissal is impossible

It should be noted that the dismissal of employees who have not passed the probationary period is equivalent to their dismissal precisely at the initiative of the employer. Consequently, it is necessary to familiarize yourself with the Labor Code of the Russian Federation before dismissing a specialist undergoing a probationary period (Article 81). For example, an employer has no right to fire a woman who is pregnant or raising a child under 3 years old. If he is disabled or on vacation, it is also prohibited to remove him from office.

Who benefits from a trial period?

It is beneficial for both the employer and the employee. Thanks to the probationary period, the company can make sure that the candidate has professionalism, or start looking for another specialist. And the employee, in turn, will be satisfied with his new job or will start looking for another. Thus, neither the company nor the specialist will waste additional time looking for another candidate or a new job.

Probationary dismissal - myth or reality? Does the employer have the right to do this? And how should an employee behave in order not to be fired during the probationary period? Perhaps each employee at least once in his own labor activity faced similar questions. And of course, every employer thought about this. Let's try to figure out what a probationary period is and in what cases an employee can be fired while passing the test.

Does the Labor Code stipulate a probationary period?

The probationary period is the same part labor process, like many other things, therefore, of course, the Labor Code Russian Federation stipulates the nuances of the probationary period, its establishment and passage.

1. Article 70 of the Labor Code of the Russian Federation "Test for hiring" regulates the duration of the probationary period, the rights of workers during the trial, as well as restrictions on the establishment of the probationary period.

2. Article 71 of the Labor Code of the Russian Federation "The result of the test when hiring" mainly stipulates the issues of dismissal in the event that the employee did not cope with the probationary period, but also touches on the issue of successfully passing the test.

What is a probationary period?

A probationary period is a period agreed with the employee and specified in the employment contract when the employer ascertains whether the qualifications and personal qualities employees to those requirements that the employer makes to his employees in general and to this position in particular.

For his part, the employee during this period can also look closely at the employer, the enterprise and the team and decide whether these conditions are suitable for him.

At the same time, the probationary period from the outside does not differ from the usual labor process - except that the dismissal during the probationary period occurs according to a simplified procedure, which makes the probationary period so attractive for many employers.

The probationary period is established only by agreement with the employee. If an employee refuses to undergo a probationary period, no one can impose trials on him.

Why is there a probationary period?

The probationary period is in a sense beneficial to both the employer and the employee - for both it is an opportunity to look at each other and decide whether everything suits them, before it is too late and it is still relatively easy to back down. After all, dismissal during the probationary period has a simplified procedure for both the employer and the employee.

In addition, during the probationary period, the employee has the opportunity to ask for advice from more experienced employees - even though the probationary period is not an internship, when the supervisor has to take care of and support the employee, the employee on the probationary period is still treated more leniently from one side. True, on the other hand, during this period they are closely looking at him, and, perhaps, the employee should not openly demonstrate incompetence and ask too many questions about the work process.

In what cases is a probationary period established?

As a rule, a probationary period is established for newly hired workers at the enterprise - after all, even if such an employee provides a whole bunch of positive letters of recommendation, for some reason he may not be suitable for this particular employer.

A probationary period may also be established for an employee who has already worked for some time this enterprise if he is applying for a higher position, or a position that requires completely different skills and qualities than those that the employee has demonstrated so far. In this case, it would be risky to immediately accept the employee for the position, no matter how good his track record is, so it would be more expedient to establish a probationary period. Of course, in this case, there is no question of dismissal during the probationary period - if the employee does not cope with the trial, he can simply return to the performance of duties in the previous position.

p> There are also certain categories of workers who, according to labor law, are generally prohibited from establishing a probationary period. These workers include:

• accepted for translation by agreement with other managers;
• who took a paid position as a result of elections;
• winners of the competition for this position;
• pregnant women;
• women raising a child under one and a half years old;
• persons under eighteen years of age.

Also, you cannot establish a probationary period for those employees with whom a fixed-term employment contract has been signed for a period of two months to six months.

How is the duration of the probationary period established?

The duration, as well as other nuances of the probationary period, for example, the procedure for passing it and remuneration for labor during this period, is established by the head of the enterprise. The procedure for dismissal on a probationary period is also established by the employer, but at the same time it must be based on the norms of labor legislation.

All these nuances must be described in the internal documents of the enterprise, and the employee who is supposed to pass the probationary period must be familiar with these documents.

The usual probation period is one to three months. The employer can set and two months, and one and a half, and all three at once - as he wants. The only thing that the employer cannot do is establish a second probationary period or extend the first if he cannot decide on the suitability of the employee.

In some cases, the length of the probationary period varies:

• employees with whom a fixed-term employment contract has been signed for a duration of two to six months is prohibited from establishing a probationary period for more than two weeks;
• employees who are hired for managerial positions, as well as for the position of chief accountant or his deputy, a probationary period can be set for six months. Moreover, three months for this category of workers is the minimum probationary period;
• some civilian workers government positions a probationary period can be established for a period of six months to a year.

Of course, the dismissal of these categories of workers during the probationary period is possible on exactly the same grounds as other workers on the probationary period.

Can the trial period be extended?

As mentioned above, it is prohibited to extend the trial period or establish a new one immediately after the first one. But in this case, it was only about the option when the employer, based on the results of the probationary period, cannot decide whether to keep the employee at the enterprise or dismiss - then the extension of the probationary period is really impossible.

But you need to know and remember that the probationary period includes only those days when the employee was present at the workplace. If, during the test, an employee, for example, took part in military training or was sick - that is, he was actually absent from the workplace, even if good reason- these days are not included in the trial period. Therefore, if under the contract the probationary period ends, and the employee has “missed” days, an order can be issued to extend the probationary period.

Only in this case is it allowed to extend the trial period.

Completion of the probationary period

Since the trial period is set for a certain duration, sooner or later it must end. According to the results of the probationary period, some kind of decision must be made.

Dismissal after probation

If the employee, in the employer's opinion, did not cope with the probationary period, a dismissal order is drawn up, and the employee leaves the enterprise. We will discuss this procedure in more detail below.

Successful completion of the probationary period

In the event that an employee has shown himself well during the probationary period, and is completely satisfied with the employer in all respects, he remains at the enterprise. The procedure in this case is quite simple. When the probationary period ends, the employee simply remains to work, as he worked, no paperwork is required.

There is one tricky nuance here: if the trial period is over, and the employer has not dismissed the employee, by default it is considered that the employee has successfully completed the trial. So if there was an intention to fire an employee as not having passed the probationary period, you should not yawn.

Dismissal at the end of the probationary period

When the probationary period ends, an order is issued for the company to dismiss the employee in connection with an unsatisfactory test result. The employee leaves the job on the same day specified in the order. A corresponding entry is made in the work book, the final settlement is made with the employee, the work book is handed over to him.

In this case, the employee can ask the employer for clarifications in what exactly the test result was unsatisfactory, so it is worth preparing a reasoned answer to this request.

Dismissal before the expiration of the probationary period

Of course, in the event that it becomes clear that the employee is not suitable, the employer has the right to fire him without waiting for the end of the probationary period - why, if everything is already clear?

In order to dismiss an employee during the probationary period as having shown a poor or unsatisfactory result, the employer must issue a written notice of dismissal to the employee three days before the date of dismissal. After that, a dismissal order is issued for the enterprise. The order must contain a reference to Article 71 Labor Code- about dismissal due to the fact that the employee did not cope with the test.

In addition, it is advisable to prepare a full package of documents proving the incompetence of the employee, since the dismissal of an employee on a probationary period, however, as well as dismissal based on the results of the probationary period, can be appealed by the employee in court. Therefore, it is highly desirable to record all the employee's mistakes in writing: if he is late for work at least a few minutes, let him write explanatory note, the fact of being late must be recorded in the act; did not complete the work on time - an act is drawn up, the employee signs that he is familiar with the act, and so on.

Of course, incompetence or violation of labor discipline is much easier to prove than, for example, the uncommunicativeness of an employee or his untidiness towards employees - which can also cause dismissal in some cases - but everything is possible if desired. Especially if the team in this matter will be on the side of the employer.

Dismissal based on the results of the probationary period, the employer may not agree with the trade union committee. In addition, in the event of such a dismissal, the employee is not paid severance pay.

Working off upon dismissal on a probationary period

Two-week work, as is the case with dismissal at the initiative of the employee, is not provided for the trial period. Regardless of who initiates the dismissal: the employee or the employer. In both cases, if the dismissal occurs in the midst of a probationary period, the work is only three days. If the dismissal occurs at the end of a pre-agreed probationary period, work is not provided at all - the employee is dismissed on the day the probationary period ends.

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To what extent is the probationary period fertile soil to get rid of an employee or to part with companies yourself? Let's analyze all the wisdom of the mechanism probationary layoffs: rights, obligations and guarantees for each party.

Convenient moment

On the other hand, the employee himself may decide for himself that he still does not want to work in this company. And then he has the right to write a statement asking for dismissal on probation at the initiative of the employee... The authorities will have no reason to deny this request.

Convenience lies in the fact that dismissal during probation passes according to a somewhat simplified scheme. And this rule applies both in the first and in the second case. Although, of course, it is more in the hands of the employer. He has less to come paperwork if the applicant fails the test.

As a rule, potential employees themselves are much less likely to be disappointed in working conditions and apply for dismissal.

Test period

Details about the probationary period are written in Articles 70 - 71 of the Labor Code of the Russian Federation. They clearly define the procedure for assigning this test, the maximum period and rules for documenting.

The trial period has two main functions. During his time:

1. the employer can assess the professional qualities of the applicant, his diligence and suitability for the position for which he expects;
2. the subordinate can get to know more about the internal regulations of the company, find out all the nuances of the work and decide whether the proposed vacancy meets his expectations.

If one of these points is not fulfilled, and may follow dismissal during probation... On the initiative of one side or the other.

The most important thing to know about the probationary period is that it has a clearly defined upper bound on the duration. So, the maximum period of time during which an employer can test an employee is six months. And then, this applies only to a narrow category of applicants who want to take one of the leading positions in the organization. For example, if we are talking about the vacancy of the deputy head of the company, the chief structural unit, director of a representative office or branch.

In all other cases, for ordinary employees, the maximum probation period cannot exceed three months. And not a single boss has the right to exceed this period, since by his actions he will then automatically violate the law.

At the same time, the Labor Code does not specify a minimum probationary period. That is, it may not exist at all, or it will last a week. In this case, each company establishes its own procedure, which is regulated by internal documents.

Moreover, a test with a check can end at any time, even if the specified time has not passed. This usually happens if the management sees that the new employee does an excellent job with his duties and suits his position. By interrupting the trial period, the management makes it clear to the employee that he is on the right track. And at the same time and additionally motivates him for further work.

But for single mothers raising children aged 1.5 years and above, this rule does not apply. To the question, can they be fired on probation, in their case, unfortunately, the answer is yes.

And one more interesting nuance, when the boss cannot fire a subordinate due to not passing the test: if the trial period is not spelled out in the contract when hiring. That is, in fact, this means that the employee is enrolled on a general basis without a probationary period. Then the same rules apply to him as to everyone else. This is enshrined in Art. 70 of the Labor Code of the Russian Federation.

Warning

As already mentioned above, to the question, has the right to dismiss during the probationary period boss, the answer is yes, it does. But observing the rules of the Labor Code of the Russian Federation. And first of all, by notifying the employee of his decision in writing no later than three days before the date of the planned dismissal.

For example, a similar notification might look like this:

If happened dismissal on probation under contract, then the calculation with the employee is done according to the following rules. According to Art. 140 of the Labor Code of the Russian Federation, all the money that management must pay to a person is charged on the day of his dismissal. Remember: not on the day when all employees throw their salaries, but on the day of dismissal!

Read also Civil Defense and Individual Entrepreneurs: Compliance

On the other hand, you are entitled to dismiss on probation at the initiative of the employer and not pay severance pay. Here the law is on the side of the organization, which is spelled out in Art. 71 and 178 of the Labor Code of the Russian Federation.

At the request of the employee

The trial period gives the employee the opportunity to take a closer look at the new place, learn in more detail all the nuances and internal routines. And as a result, a person decides for himself whether this place suits him or not. If the first option, then at the end of the test, he continues to work in the company on a general basis. Of course, if at the same time there were no complaints from the leadership.

In the second case, she has the right to take such a step as dismissal "on their own" during the probationary period... But this does not mean that one fine day the employee simply does not go to work. The management must be informed of your decision. And this should be done in writing... This is the fourth part of Article 71 of the Labor Code.

Letter of resignation by on their own must be filed at least three days before the date of the dismissal itself. Therefore, answering the question, can i quit on probation, the answer is yes, but all procedures are followed.

The law does not provide for any special form of such a statement. It is enough to compose it in free form. But the following things must be reflected in it - the date of dismissal and the reason. The latter is described simply in the words: "of their own free will."

There is no need to write specific reasons for your decision. You can be forced to voice them only in a confidential conversation. The bosses are always interested in why the employee refused to work for the company. But you can only voice them if you want.

Another nuance. Many are interested in how it happens dismissal on probation on sick leave... So: it is prohibited only if the dismissal is initiated by the employer. If on their own, then sick leave will not be an obstacle to leaving the company.

Deny a right like dismissal "on their own" during the probationary period, the employer cannot. And when the date specified in the application arrives, the employee can consider himself completely free.

By the day of dismissal in the personnel department, they fill out the work book properly and transfer it to the employee. On the same day, the company must fully calculate the resigned employee. This is spelled out in Art. 77 of the Labor Code of the Russian Federation.

There is another borderline case - when voluntary dismissal on probation occurs even before a person has worked even one day. That is, they had already signed a contract with him, and then he sharply changed his mind. With this development of events, the contract is simply canceled, which is reported in a separate order. And no other paperwork is needed.

Testing

Answering the question, is it possible to quit on probation, we have shown above that it is possible, but all the formalities must be observed. Namely - to submit the relevant application at least three days in advance. At the same time, in this case, the management cannot assign any additional work to the employee. These three days before dismissal will actually mean working off. But at the same time, it is the calendar days that are taken into account.

Content

The term "probationary period" is familiar to everyone who has ever got a job - it is a legal right for an employer, for a certain period of time, to assess the professionalism and knowledge of a potential employee. The trial period lasts from three months to six months, the validity period must be indicated in the employment contract, the employee must familiarize himself with all the details of the trial in advance. The employment record should not include information about the probationary period.

What is a probationary period under the Labor Code

In Russian legislation, all standards are spelled out in article 70 of the Labor Code of the Russian Federation. There is also a definition of this term: this is a period of time that is set by the employer in order to assess the employee's suitability for the position for which he is applying. At the same time, the conditions and duration of the test are spelled out in the employment contract itself.

Job test

The procedure for testing a potential employee when hiring expresses the employer's completely legitimate right to determine his professional skills and suitability for his position. It is important to remember that this is optional, but additional condition prisoner employment contract, which is done by agreement of both parties. This is not an obligation of the employer, rather it is his desire to check the employee, and if there is no doubt about the qualifications of the employee, there is no question of any probationary period.

Probationary period when concluding an employment contract

It is worth remembering that the employee on trial is an equal member of the team, this is expressed in the fulfillment of his rights, as well as in the payment of wages. Many employers seek to offer the applicant a small salary. The Labor Code does not prescribe any special conditions payment, but it is not directly prohibited to establish a lower salary for this time.

Registration procedure

All conditions are spelled out in the employment contract, which the company must conclude with the employee. The exact date of the beginning and end of the trial period (from 01.01.2002 to 04.01.2002) or its duration (two weeks, three months) is indicated. Do not forget that the hiring order must state that the employee will be checked for his suitability for the position. One copy of the work contract is given to the employee.

Who is not allowed to establish a probationary period

Employment with a probationary period is prohibited for a certain category of persons, which include:

• those who passed to the position by competition, according to Russian legislation;
• pregnant women who are going on maternity leave soon;
• minor citizens;
• graduates of universities and other educational institutions for which this is the first job;
• if the employee is elected at the selected paid rate;
• when transferring from another organization, for example from Moscow.

The law determines other conditions under which the employer does not have the right to appoint a test for passing to a vacant position:

• for temporary employment for up to two months;
• in the case where the employment contract is concluded before the end of the apprenticeship period;
• in case of replacement by set time civil servants of a certain category (assistants, advisers, managers);
• in the customs service when hiring graduates of specialized educational institutions Federal value and everyone who came to customs service by competition.

Duration of the probationary period when applying for a job

The standard test period for employment is three months. Senior employees - managers, chief accountants, financial directors, their deputies can be tested for the suitability of the position for professional suitability for up to six months. Another case is fixed-term employment contracts for up to six months. Then this period should not exceed two weeks.

Minimum

The minimum test period for hiring is two weeks, in the case when a fixed-term employment contract is concluded (up to 6 months). When concluding an ordinary contract, the employer himself sets the period of validity of the labor test - from one to three months, depending on the position held. For senior executives, this is three months. At the request of the employer, the length of the period of work can be reduced.

Extension of the probationary period

The duration of the labor test is recorded in two fundamental documents - an employment contract and an order for employment. There are cases when the trial period can be extended: employee illness, time off, specialized training. Only these reasons can justify the extension. The employer publishes additional order, which indicates the period for which the test is being extended and the valid reasons that served as the basis for this.

Maximum probationary period under the labor code

At the conclusion fixed-term contract for two to six months or seasonal work, the trial period may only last 2 weeks. If an employee is hired on a permanent basis, then the maximum test period for hiring is six months. These terms are spelled out in the Labor Code of the Russian Federation.

Early termination

The main reason for the early termination of the employment contract is the successful completion of the test. The employer issues an order for the early completion of the test, which details the reasons for its completion. An employee can write a letter of resignation from the enterprise if the position in which he worked did not suit him. Does the employer have the right to terminate the labor test earlier if the employee's work is unsatisfactory? Yes, only everything must be formalized according to the law (corresponding order), and the employee must be warned in advance ..

Probationary rights of an employee

The labor legislation clearly states that an employee who is on probation for employment has exactly the same rights and obligations as other employees of the enterprise. This applies to wages, receiving bonuses, establishing social guarantees... The candidate has the right to judicially appeal against any actions of the employer that infringe upon the rights of the employee, including with respect to early termination of the employment contract.

Is it possible to take sick leave

An employee who is on a trial period has the right to take sick leave, the calculation of which will be calculated according to his average daily earnings. For a while sick leave the labor test is not counted, it resumes its effect when the employee leaves his place of work. In the event that the employee terminates cooperation with the employer (regardless of the reason), the employer is obliged to pay the sick leave.

What determines the size of the salary

An employee on a probationary period is subject to labor laws. This means that his rights should in no way be less than that of the main staff... The salary should be set according to the staffing table. This can be worked around by simply typing in staffing table reduced salary for "assistant manager" or "assistant", its size can be any, but not less than one minimum wage ( minimum size salary). The employer is obliged to pay sick days, overtime, work on holidays and weekends.

End of the probationary period

Immediately, we note that there is a situation where it is impossible to fire an employee after the probationary period: when during this period of time the employee became pregnant and brought the appropriate certificates. In other cases, there are two options for the end of the trial period.

• positive - both parties are satisfied with the work in the organization, then the employee is enrolled in the staff according to job description;
• negative - the employing firm is not satisfied with the quality and result of the work of the applicant, a decision is made to terminate the contract (in the order according to the form, the reasons and evidence of the employee's negligence are indicated).

The dismissal of an employee undergoing a test is always drawn up in as much detail as possible, because there is a rather big chance that the employee will consider such actions unlawful and sue the employer. This can be avoided by proving that the employee violated work rules, safety precautions, did not follow instructions, was absent without a valid reason. When hiring, it is necessary to receive a written notification of the employee with his signature that he was aware of all the internal regulations of the employer.

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Discuss

Hiring with a probationary period - duration, amount of remuneration and employee's rights under the Labor Code of the Russian Federation

As a rule, work in a new place begins with. During this period, the employer can initiate the dismissal of the employee, and the employee has the right to leave the job. In any case, dismissal on probation must be carried out in accordance with all the rules that will be discussed in this article.

Is it permissible to dismiss during the trial period

The probationary period is the period during which the employer can identify and evaluate the professional qualities of the employees hired. The conditions of the probationary period are prescribed in the employment contract, which should be carefully reviewed before signing. In this time period, the parties to the transaction must assess the feasibility of continuing the employment relationship.

The issue of organizing a trial period is regulated by the provisions of Article 70 of the Labor Code of the Russian Federation. The duration of this time period is prescribed in the contract, and is also reflected in the order for admission to the position.

However, it is unacceptable to establish a probationary period for the following categories of citizens:

• women during pregnancy;
• women raising babies under the age of one and a half years;
• citizens under eighteen years of age;
• graduates of higher and secondary professional educational organizations(when applying for a job in a specialty within a year after receiving a diploma);
• people hired as a result of a competition;
• people hired as a result of elections;
• people who came to work as a result of transfer (by invitation) from a similar position from another company;
• citizens with whom an employment agreement has been drawn up for a short period (up to two months).

Thus, answering the question of whether on probation, we can say that no. This is due to the fact that, according to the law, it is unacceptable for women in a position to establish a verification period.

To confirm their status, the hired employee must independently provide identification documents. It is important to understand that the probationary period can only be applied when a new employee is hired for a vacant position. Moreover, if there is a need to transfer an existing employee of the company / institution to new position, then the verification period is not assigned.

The length of the probationary period is individual in each case and depends on the position held. Most often, this period does not exceed three months, however, when a person is admitted to leadership position the test period can grow up to six months. When concluding an employment contract for a short period of two to six months, the trial period cannot be more than two weeks.

The duration of the verification period is determined in calendar days(including weekends and holidays). At the same time, those days on which the trainee did not go to work for a good reason (for example, was on sick leave, because of downtime at work, while performing public duties) are not included in this time period.

Reasons for dismissal

The grounds for dismissing a newcomer on probation and an existing employee are practically the same. However, if during the verification period the employee demonstrates unsatisfactory results of his work, the employer has the right not to issue him severance pay.

The most popular grounds for dismissing a person during the trial period at the initiative of the employer:

1. Low indicators obtained as a result of final certification.
2. Failure of the newcomer to perform his duties properly (for example, incompetence, absenteeism, lateness, etc.). In this case, the employer must perform a number of measures, for example, warn the employee about the inadmissibility of such an attitude to work in writing or by using other disciplinary action... Only after the implementation of these actions, the employer receives the right to dismiss the trainee.
3. Causing damage to the company resulting from the actions of a newcomer. This can be damage / theft of property, disclosure of trade secrets, etc. Before dismissing an employee, you will need to prove the employee's guilt.
4. Immoral behavior that is inappropriate for a person who holds a certain position in the company. For example, if a school teacher demeans the dignity of a student.
5. Coming to work in an inappropriate way. For example, drunk or under the influence of drugs.
6. Submission of falsified documents when applying for a job. For example, providing a fake higher education diploma.
7. With a reduction in staff due to the liquidation of the company.

The most popular reasons for dismissing a person during the probationary period at the initiative of an employee:

1. The emergence of personal circumstances that arose after employment. For example, a forced move to another city, pregnancy, health problems of loved ones, etc.
2. Unsatisfactory working conditions. For example, poor lighting, microclimate, environmental performance, etc.
3. Understanding that the existing qualifications / experience / education does not correspond to the position held.
4. There is no prospect for career advancement.
5. The emergence of a more attractive job offer.

At the request of the employee

Regardless of whether an employee of the company is on probation or not, he always has the right to resign on his own initiative. This procedure will not cause any particular difficulties. In order to vacate the position, the employee will need to notify his employer in writing three days before the planned date of termination of the employment contract. However, if the parties to the agreement are ready to terminate the employment relationship earlier, then three days of working off will not be required.

In the text of the statement should be indicated. For example: "I ask you to dismiss me of your own free will before the expiration of the probationary period because my qualifications do not correspond to the position I hold."

If during the trial period the employer did not manage to terminate the employment contract, then the newcomer automatically remains in his position on a general basis. In this case, additional documents will not be required. For dismissal on their own initiative after the end of the test period, it will already be necessary to work not three days, but two weeks.

If, upon taking office, a contract was drawn up in which nothing was said about the probationary period, then after filing an application for dismissal, the employee must work in the company for another two weeks. In this situation, it does not matter at all how long a given person worked in the company (one week or ten years).

When a person leaves work during the probationary period, the employer must pay him wages(per working days) and compensation for unused vacation. Severance pay issued only in a situation where this condition is spelled out in an employment agreement or other internal regulations.

At the request of the employer

In the process of admission to workplace a new employee concludes an employment contract with him, as well as a list of requirements and tasks for a probationary period for subsequent enrollment in the state. To successfully pass the test period, a beginner must solve all the tasks assigned to him.

If the employer has decided to expel the trainee, then he must notify him of this three days before the date of the proposed dismissal. The newcomer must be given a notice in writing. It prescribes the basis for excluding an employee from the company’s employees and indicates the day of cancellation labor agreement.

A sample notice of termination of an employment agreement can be found below:

If the employee has successfully passed the test period, then he is credited to the staff of the company. Now the employer can fire the employee, but in this case, the application of the simplified procedure is not available.

Expulsion of the trainee as not passed the probationary period

If the applicant vacant post failed to prove himself during the trial period (to prove that he can fulfill the labor duties assigned to him), then the employer has every right to terminate the employment contract with him. In this case, it is not necessary to wait until this period ends. However, it is important that the fact of inadequacy of the vacant position, incompetence of the employee, is confirmed.

Evidence of negative completion of the procedure for verifying the competence of an applicant for a position in the company:

• a report of the applicant on the results of his labor activity during the trial period;
• act on the low quality of manufactured products;
• report / memo on poor quality of work performed;
• minutes of a meeting of a special commission competent in assessing the results of the trial period;
• facts of application of disciplinary measures in relation to a novice.

The employer does not have the right to expel a trainee while he is on official sick leave or vacation.

Algorithm of the employer's actions to dismiss the probationary trainee:

1. Submitting a notice to the dismissed employee stating that the previously concluded labor contract will be canceled in three days.
2. Issuing an order to dismiss an unsuitable employee. At the same time, it is important to familiarize the dismissed person with this order (against receipt).
3. Filling out the work book.
4. Carrying out a full payroll calculation.

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