Dismissal during the probationary period. Dismissal of one's own free will during a probationary period - procedure and application. Dismissal on probation of an employee of retirement age

To check the compliance of an employee with the work entrusted to him, a condition on probationary period... We talked in ours about what the maximum duration of the trial period can be, as well as about the categories of persons who are not allowed to establish a trial.

Successful completion of the test does not require any documenting... The employee simply continues to work in the position for which he was hired. And can they be fired on probation?

An unsatisfactory test result gives the employer the right to dismiss the employee "under the article." However, an employee can quit during the trial period on his own initiative. Dismissal during a probationary period on the initiative of any party to the employment relationship has its own characteristics. We will talk about them in this article.

Dismissal on probation at the initiative of the employer

If the test results were found unsatisfactory, the employer can terminate the employment contract with the employee without taking into account the opinion of the trade union (if it was created) and without paying severance pay (part 2 of article 71 of the Labor Code of the Russian Federation). How to fire an employee on probation? The main thing here is to follow a certain procedure.

An employment contract with an unsuitable employee must be terminated before the expiry of the probationary period. At the same time, no later than 3 days before dismissal, the employer must notify the employee in writing about the upcoming termination of the contract. We have given an example of an employee's notice of dismissal. In the notice of dismissal of an employee on probation, you must indicate the reasons why the employee was found to have failed the test. We talked about the criteria that the employer is guided by when deciding on the test results of an employee in a separate section.

Based on the employer's decision to dismiss the employee, a dismissal order is issued, in which the employee must sign. On the day of termination employment contract the employer is obliged to issue the employee with a work book, other documents related to work, as well as make the final payment (including pay compensation for unused vacation) (part 1, 4 of article 84.1 of the Labor Code of the Russian Federation).

And how to make an entry in the work book about the dismissal of an employee on a probationary period? For dismissal on probation, the article of the Labor Code of the Russian Federation is special. This is part 1 of article 71 of the Labor Code of the Russian Federation. That is, in the work book, it is necessary not only to give a link to this article, but also to decipher that the dismissal is made due to the failure to pass the probationary period (part 5 of article 84.1 of the Labor Code of the Russian Federation). The wording in the work book will look like this (clauses 15, 18 of the Rules, approved by the Government Decree of April 16, 2003 No. 225):

“The employment contract was terminated due to an unsatisfactory test result, part one of Article 71 Labor Code Russian Federation»

The employer's decision to dismiss an employee due to an unsatisfactory test result can be appealed by such an employee in court (part 1 of article 71 of the Labor Code of the Russian Federation).

Dismissal on probation at the initiative of the employee

Is dismissal allowed under on their own on probation? As we have indicated, an employee can be dismissed on a probationary period at the initiative of the employer. And to the question "Is it possible to quit on probation," the answer is also affirmative. After all, the Labor Code of the Russian Federation does not limit the employee's right to dismiss according to own initiative... Moreover, dismissal during a probationary period for an employee is simplified.

How can an employee quit on probation? If, during the trial period, the employee realizes that the job is not suitable for him, he turns to the employer with a statement in an arbitrary form, in which he asks to terminate the contract at his own request. At the same time, you need to warn the employer about dismissal, if the trial period has not yet ended, you need not 2 weeks in advance, but only 3 calendar days before dismissal (part 4 of article 71 of the Labor Code of the Russian Federation).

And when can you quit on probation? An employee can quit on probation at any time. The Labor Code of the Russian Federation does not establish a minimum period that an employee must work without fail. However, it should be borne in mind that the application for dismissal is submitted at least 3 days in advance and this period begins to run from the day following the day the application is received by the employer.

Regardless of whether the employee leaves the job himself during the probationary period or at any other time, a single entry in the work book is made. When you leave on your own during the probationary period, you need to write down (clause 3 of part 1 of article 77, part 5 of article 84.1, clauses 14, 15 of the Rules, approved by the Government Decree of 16.04.2003 No. 225, p. 5.2 of the Instruction, approved by the Resolution of the Ministry of Labor dated 10.10.2003 No. 69):

"The employment contract was terminated on the initiative of the employee, paragraph 3 of the first part of Article 77 of the Labor Code of the Russian Federation"

The Labor Code of the Russian Federation does not prohibit an employer from dismissing an employee of his own free will, even if the employee has not passed the test. After all, the employee is unlikely to want to have a record of dismissal in the work book due to lack of professionalism. If the employer does not mind, the employee can apply for dismissal of his own free will. But here it is important for the employer to take into account the observance of the deadlines and possible risks... Indeed, for example, such an employee may withdraw an employee's application for dismissal of his own free will, and the employer may no longer have time to comply with the dismissal procedure under Part 1 of Art. 71 of the Labor Code of the Russian Federation.

It is also important to remember that an employer cannot fire an employee undergoing probation if such an employee is on sick leave or on vacation (part 6 of article 81 of the Labor Code of the Russian Federation). But on his own initiative, an employee can quit during these periods.

Work is not the only part of our life. It happens that, not having time to find the desired position, you have to leave it for family reasons. Another thing is also possible: a person was forced to start performing not the most suitable duties, when suddenly a dream job turned up. In these and similar cases, a number of questions arise: "How to quit on probation?"

An employee is included in the staff of an organization if:

the employment contract has been drawn up and signed;
a record of employment was made in the work book;
on this occasion, an order was issued, with the content of which the hired person was familiarized with the signature.

The legal fact of employment (it does not matter, with a trial period or without) quickly goes beyond the enterprise. Foundations are notified about it social insurance, bodies for promoting employment of the population. A publicly initiated legal relationship between an employer and an employee is subject to formal termination.

And vice versa - if the papers were not drawn up, but there was a verbal agreement, formalities can be dispensed with. SP and small firms early clearance is often avoided. By the prescriptions of Art. 67 of the Labor Code of the Russian Federation established that:

from the moment when a person is actually admitted to work, he is employed;
a written employment contract must be concluded within three working days;
if the person is already working, it is impossible to draw up a contract with the condition of a probationary period.

This article is intended to protect the rights of the employee. The employer, of his own free will, does not recognize the fact of the use of unregistered hired labor. Therefore, working at his own discretion can:

just leave (with or without explanation);
demand the proper registration of labor relations and payment of wages;
demand compensation for the hours actually worked.

Common moments of dismissal during trial

Article 70 of the Labor Code of the Russian Federation, by mutual agreement, allows the inclusion of a condition on the establishment of a probationary period in an employment contract. Verbal agreements on this matter are not permitted. If the contract does not clearly provide for the test, the employee is considered accepted without it.

The trial period is designed to:

the employer could make sure that the employee's candidacy meets the requirements;
the applicant had the opportunity to make sure that the established range of responsibilities was within his power, he would get along with the team and the working conditions meet his needs.

If any of them come to the opposite conclusion, there is no need to wait until the end of the trial period to stop cooperating. Moreover, it can be quite long:

up to three months (general rule);
up to six - for directors, deputies of institutions, as well as their separate divisions;
up to two weeks - upon concluding a contract for a term of 2 to 6 months.

The test period is subject to extension if it coincides with sick leave, vacation, etc.

The question of whether they can be fired on probation clearly suggests an affirmative answer. About the planned dismissal individual entrepreneur or the administration of the institution is obliged to notify the employee with signature at least three days before this event, indicating the grounds for recognizing him as having not passed the check. In this case, the termination of the employment contract occurs:

excluding the position of the trade union body;
without payment of severance assistance.

On this occasion, an order is issued to terminate the contract. On the day of dismissal:

full settlement is made with the employee;
he is handed a labor certificate with a record of an unsatisfactory test result as a reason for dismissal and a reference to clause 1 of article 71 of the Labor Code of the Russian Federation.

Naturally, such a fact will not contribute to further employment. If there are grounds for dismissal, it is worth agreeing to change the wording of its reasons for more favorable ones (for example, “of our own free will”). To do this, you can use a personal request or even the threat of legal action. You need to apply quickly - until the labor is filled in and the information is sent to the controlling structures. By themselves, the notice of the upcoming dismissal and the order are internal documents of the company, which can be rewritten without any problems.

If a person was fired on probation for far-fetched reasons, it is worth filing a lawsuit. Claims can sound in two ways:

on the renewal of labor relations;
about changing the reasons for dismissal.

The employer must confirm the improper test result with irrefutable evidence. Otherwise, the claim is subject to satisfaction. It is unlikely that the employee counts on further cooperation, but if from the moment of dismissal and until the court ruling he did not officially work, he will be paid wage during the forced downtime. During the test period, the employee is fully subject to the provisions of labor legislation, including penalties. An employee can be dismissed on the general basis specified in Art. 81 of the Labor Code for absenteeism, theft at the place of work, etc.

Dismissal letter during the trial period

The Labor Code of the Russian Federation adheres to the line of protecting the interests of the worker as weak side labor relations. Unlike the employer, who must motivate the dismissal, the employee is not obliged to do this.

If an employee wants to quit during the probationary period, it is enough for him to notify the individual entrepreneur or the administration of the institution with a statement in any form. This must be done in advance - three days before the planned departure.

It happens that the leaders refuse to sign such a statement. It makes no sense to insist. If we are talking about a large institution, where the office is physically separated from the directorate, it makes sense to copy the written statement and take it to the reception. Give the original, and ask for a stamp of acceptance on the copy. It includes:

"Corner" stamp of the institution;
the current date;
Full name, position, signature of the received employee.

This is the standard procedure for filing official documents. In the vast majority of cases, secretaries do not ask the manager for permission for such actions. The day of registration is the date of notification of the planned dismissal. If the application failed to register, you can send it by courier or mail. You can prove the fact of sending using the form of a recommended letter or a valuable one with an inventory.

Timing and working off

Dismissal initiated by an employee general rule presupposes two-week working off... Art. 71 TC shortens this term during the test period to three calendar days. When calculating, the first of them is considered the day following the date of receipt by the organization of the employee's application (in person or by mail). If the last working day falls on a non-working day, you can quit the next working day.

Circumstances for the dismissal of an employee without working off

The processing is not imperatively established. If the employer is not interested in it, he can let the employee go earlier. The latter has the right to demand that he be dismissed on the day of filing an application in such circumstances (if there is documentary evidence):

the spouse is sent to work in another city;
a disease has been identified that interferes with the performance of certain labor functions;
care is required for a disabled person of group I or a sick family member;
the appointment was made on a competitive basis;
enrollment in stationary education;
retirement;
the employee is a pensioner or; a pregnant woman or a mother with a child under 14; brings up three or more children.

Other nuances

How can you quit after the end of the probationary period? On the last day of this term, you can quit without working off. If the employee starts work the next day, he is considered to be employed on a permanent basis. Further, the dismissal at will will take place in a general mode, that is, with a two-week working off.

In the Russian Federation, as in most civilized countries, there is a practice of testing the knowledge and skills taken on permanent job employees. This order of things is enshrined in law in the Labor Code, which is designed to regulate the relationship between the employer and his employees. Regulatory documents set a certain period for inspections, which received the name test.

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During this period, both parties have enough time to make a final and balanced decision on further cooperation... It is also possible to dismiss the candidate on probation at his own request and terminate it. labor activity in this company on other grounds. Legal issues arising in this case are resolved in accordance with the procedure established by law.

The reasons for the subject's departure can be very diverse:

Lack of qualifications to carry out the duties assigned to him.
Changed life circumstances.
Lack of prospects career growth and much more.

During the probationary period, the employer looks closely at the candidate from his side, and also decides on his professional suitability.

Probationary period according to the Labor Code of the Russian Federation

In complex economic conditions the employer is directly interested in the high productivity of its employees. When hiring the management of the enterprise, it is important to establish how the employee meets the requirements for him. For these purposes, Article 70 has been introduced into the Labor Code, which defines the very concept of a probationary period and regulates the relationship between the parties.

Checking for professional suitability introduced by mutual agreement of the employee and his employer.

The agreement is confirmed by signing an employment agreement or contract, where the terms and conditions of the test are specified in a separate clause. If such an entry is not made, then the employee is considered to be hired for a permanent job. The probationary period can be concluded as a separate agreement until the employee starts to perform his functions.

The purpose

The specified period is a kind of test for the professional suitability of a candidate for filling a vacant position.

During this period, the employee has the opportunity to familiarize himself with the range of his duties and get the minimum skills necessary to perform them in the best possible way.

If he is not satisfied with the working conditions at the enterprise, he can resign according to a simplified procedure.

For its part, the employer gets the opportunity to assess the ability of the applicant in terms of his suitability for the position. A probationary period is necessary for the adaptation of the newly hired employee and his entry into the course of affairs. Statistics show that employees who have successfully passed the test for initial stage, demonstrate good results of labor activity.

Conditions

A probationary period is not a mandatory requirement for admission to vacant post... It is established only on the basis of the voluntary consent of both parties to the process, confirmed by a written agreement. During the verification period, the candidate is fully assigned all the obligations provided for staffing table... He enjoys all the rights that are granted to him. current legislation.

There is a circle of applicants who are hired without a trial period:

Persons who have passed declared by an enterprise, institution or organization competitive selection to fill a vacancy.
Women who are pregnant and have small children under the age of 1 year and 6 months.
Graduates of secondary specialized and higher educational institutions that have state accreditation of a certain level. This condition is valid no more than 12 months after receiving a diploma of relevant education.
Candidates for elective paid positions.
Employees who have transferred from one organization to another by transfer.
Persons working in the company on the basis of a contract for a period of yes months or less.

In accordance with the code, the maximum period during which employees are checked cannot exceed ninety days from the date of the agreement.

For responsible employees, which include the heads of branches and others structural units, chief accountants and their deputies, this period may be increased to six months.

In the event that an employee is accepted for a vacant position under a contract whose validity period is no more than six months, he may be subject to verification within a maximum of two weeks. The absence of an employee at the workplace for a valid reason, documented, is not counted in the trial period. This period is automatically extended by the number of days of actual incapacity for work.

Dismissal of your own free will during the probationary period

Recruitment in accordance with the law is carried out on the basis of the applicant's handwritten application. If, by agreement of the parties, a probationary period was established and drawn up in the form of a separate agreement between the parties or a clause in the employment contract, the candidate may be dismissed by the decision of the management as not meeting the requirements.

The employee is notified of this fact no later than three days before the corresponding order is issued.

The decision to dismiss an employee before the end of the probationary period may be appealed against in the established regulatory documents okay. The employee submits statement of claim to a court of general jurisdiction at the location of the organization, permanent or temporary residence.

Perhaps dismissal on a probationary period of his own free will, about which the employee submits an application to the company's management. The form of the document and the procedure for its passage is determined by the office work adopted in the institution or at the enterprise. The application is endorsed by the immediate superior of the employee and sent to the manager for making a decision and issuing a separate order on this issue.

At the end of the probationary period, an employee who continues to perform his duties is considered accepted for a permanent job. In this case, his dismissal is carried out in strict accordance with the current legislation with the fulfillment of all formalities and full cash settlement.

Causes

The grounds for dismissing an employee before the end of the probationary period is possible both by the decision of the employer and at his own request. In the first version, in accordance with Article 71 of the Code governing labor Relations in our country, the applicant is recognized as unfit for the performance of the duties assigned to him.

The main reason: insufficient qualifications of the employee or his professional insolvency.

Dismissal in this case is carried out without agreement with trade union organization, which is logical, in fact, by this moment the candidate has not yet become a full-fledged member of it.

In the second case, the applicant himself decides on further cooperation with the employer. If for some reason he is not satisfied with the working conditions, functional responsibilities, the size official salary or wages, he has the right to resign of his own free will. He must communicate his decision to the management of the enterprise, institution or company by submitting an application.

Period for notification

The probationary period specified in the employment contract or in a separate agreement is calculated from the day the employee actually went to work. If the position or list of jobs does not meet the requirements for them, the employee may be dismissed after three days from the moment the employer is notified. Notification should be made in writing, the document is submitted against signature.

The calculation of the three-day period from the date of notification should be made starting from the day following the date of the announcement.

For example, today 03/01/2015 you wrote an application. This means that you can consider yourself dismissed from 03/05/2015, and 03/04/2015 is the last working day, when you are obliged to carry out the calculation and issue a labor.

Statement

The documentary registration of the procedure is carried out in the manner of Article 71 of the Code governing labor relations in our country. The applicant, who made the decision to dismiss at his own request, draws up an application in the form established in this specific organization, enterprise or institution. Then the document is transferred to the office for a report to the management and a decision on the merits.

The list of information that must be contained in the application includes:

In the upper right corner, it is indicated to whom the document is addressed: job title, surname and initials of the head authorized to make a decision.
The applicant's data is written below: the applicant's surname, first name and patronymic, and his position.
On the next line: the title of the document.
The descriptive part sets out a petition to the management for dismissal of their own free will in accordance with Article 71 of the Code. Reason is optional.
The application is dated by the current day and signed by the compiler with his own hand.

The absence of the specified information may serve as a reason for refusal to consider the document by the company's management. The HR manager or immediate supervisor must notify the employee about this.

If there is a suspicion that the management of the company may behave dishonestly towards you, it makes sense to send a statement by mail with a delivery receipt. Or make a copy and ask the secretary to register the document in the journal and put the number of incoming correspondence.

Registration

After the application is received in the office work, it is reported to the management in the prescribed manner. The director of an enterprise, branch or institution authorized to make decisions on personnel is obliged to consider it on its merits and satisfy it. Usually, on the application, he writes his visa and transfers it to the office work to prepare a draft order with the appropriate wording.

The document comes into force after its approval by the management and certification with the seal of the enterprise.

The order is registered in the corresponding journal and brought to the interested parties against signature. Based on this document, payments are made to an employee who leaves the company of his own free will. For this, one of the copies is sent to the accounting department of the company.

Payment

After receipt of the order, payroll is calculated on the day specified in the order.

Dismissals of their own free will occur ahead of schedule, respectively, payments are made according to the number of days actually worked, taking into account daily wages or a proportional decrease in the monthly salary.

Testing

A probationary period differs from regular employment in that it is a period of time when both parties have the right to decide how well they suit each other. But on condition that this fact is stipulated in the employment contract. To resign of your own free will during the probationary period, it is enough to notify the employer 3 days in advance.

Force the employee? being on probation, it is unacceptable to work out 14 days, as in the usual case.

This is a direct violation of the rights of the employee, about which he has the right to complain to the labor inspectorate and even the prosecutor's office.

The reason for the attention of the regulatory authorities is the non-payment of mandatory payments. Read about.

Establishing a probationary period for an employee when hiring is an optional procedure. According to the 70th article of the Labor Code, such conditions can be provided for in an employment contract, but the state does not require this. As shown by numerous surveys, in most cases employers still prefer to accept newcomers only after a trial period in order to make sure of their competence, ability to do business, and usefulness for the company. But can an employer fire him on probation? More on this in today's article.

It is believed that such a period can be useful for the workers themselves. In a short time, they will be able to make the final decision: whether they want to stay in this place, or it does not suit them. In the case of the latter, the person has the right to notify the employer about this and leave the place without waiting for the end of the term. The employer may also agree to terminate the relationship with the employee before the trial period comes to an end. But only if the employee himself is not satisfied with this, he will have the right to ask the judicial authorities to intercede for him.

If the employer does not have a strong evidence base, as well as if there are errors in the execution of documents, the court may decide to return the employee to his position or collect funds from the employer for the forced downtime of the dismissed and moral damage inflicted on him.

How long can a trial period last?

The probationary period may last for a maximum of six months. However, such a period, according to the Labor Code, is established only for applicants for leadership positions.

Terms of the test period:

up to two weeks, if it is a matter of concluding a contract, according to which the employee will perform his duties for no more than 6 months;
up to three months when it comes to a standard employment contract;
up to 6 months, when a person applies for the position of a manager, chief accountant or deputy manager.

The inspection period can be extended only if the employee took time off or was on sick leave. At the same time, the Law provides the circle of persons who are not entitled to a probationary period... It:

women at different stages of pregnancy;
under the age of majority;
young specialists who get a job for the first time after graduation;
employees who took up a position on a competitive basis;
employees with whom a contract is concluded for a period not exceeding two months;
employees who were transferred from one position to another within the same company or from one employer to another as agreed.

This list is not complete and may be supplemented by regional laws.

If there is a dismissal during the probationary period, the employer is obliged to inform about it 3 days before the termination of employment. Exactly the same requirements for an employee who decides to quit on his own initiative: he will have to work three more days.

What can be the reason for dismissal?

The employer must have compelling reasons to fire an employee on probation. Of course, he can do this on the basis of his own preferences, without relying on the requirements of the law, but in this case he is at great risk of losing in court if he is already former employee wants to arrange litigation.

Reasons for dismissal:

the employee does not cope with his duties;
often skips;
does not follow safety precautions;
does not follow the rules labor discipline;
behaves unprofessional or his behavior defames the company.

In principle, there can be many more reasons. It is important for the employer to have proof of the justification for such a decision. The evidence base can be the job descriptions signed by the employee, safety regulations, the charter of the enterprise, compiled reports on the work done, absenteeism reports, complaints from customers or other employees.

No special justification is required for a resigning employee. If he wanted to quit, this is his right, which he can use at any time, even during the trial period.

To fire an employee, an employer needs to follow some rules. The main thing is to collect documents that confirm the validity of the decision to dismiss, the incompetence of the employee. After that, the employer is obliged to send the employee a notice, in which it is necessary to indicate the exact reasons for the dismissal, and then issue an appropriate decree. The note on the delivery of the notification and on the preparation of the order must be entered in the order registration log, the employee must put his signature in the log, confirming that he is familiar with the texts of the documents.

Within ten days, all funds due to the employee must be paid. This is not only wages, but also compensation if a person has worked for more than 15 days, during due vacation, which the dismissed did not use, sick leave payments if the employee took time off due to ill health. Compensation is calculated taking into account the time that the employee spent at work, his total length of service. The company keeps in its archives a photocopy of the work book of the dismissed, the employee receives the book after putting down the records of the reason for the dismissal and printing the company. The work book must be handed over only to the hands. If the person did not pick it up, he can be sent a notification by mail that it is necessary to come and pick up his document. Send the book by mail or with courier delivery it is forbidden.

After the entire procedure, a note of dismissal must be affixed in the employee's personal file.

If any of these points were not executed correctly or were not fulfilled at all, the employee will have a better chance of proving the unlawfulness of the dismissal in court.

What is useful to know

There are a number of features of probationary dismissal that are useful for both employers and those who are hiring to know:

In this case, a two-week working off is not provided. There is only a three-day deadline for the termination of all employment relationships.
You cannot fire a person when he is on sick leave.
When dismissing employees who receive material resources or important documents at their disposal, the employer has the right to establish a procedure for accepting and transferring cases that does not contradict the Labor Code.
All provisions of the Labor Code governing probationary dismissal are equally valid for government agencies both enterprises and private ones.

In the Russian jurisprudence there are many cases when employees wrote complaints about their employers, who, in their opinion, fired them for no particular reason, at their own request. And the court often satisfies such claims. In some cases, he requires the employer to pay compensation to the person, in others - to reinstate the employee in office.

A dismissed employee can fight for his rights quite successfully in all cases when the employer did not pay him the due funds after the probationary period, dismissed him without serious reason, did not familiarize him with his job responsibilities or did not warn him about the dismissal three days before the order was issued.

Probationary dismissal can be made on the initiative of both the employee and the employer. However, despite the short period of work, the procedure for dismissing an employee on a probationary period must also be followed.

Can you get fired during a probationary period?

Often in the terms of the contract when hiring a new employee, a period is prescribed during which he can be identified and assessed. professional quality... This period of time helps the parties to understand the expediency of further relationships. The probationary period can be set with different lengths, depending on the position held.

The probationary period is not provided for:

pregnant women;
women raising children under 1.5 years old;
persons under the age of 18;
graduates of educational institutions.

NOTE! The employer has the right not to require confirmation of the status of the above persons. Therefore, the documents confirming this situation must be presented by the employees themselves.

The probationary period is established only when a new person is hired. If there is a need to transfer an already working employee to another position, a probationary period is not provided.

The duration of the probationary period and other conditions should be prescribed in the employment contract, and also reflected in the order when hiring. Further changes to these conditions are allowed only by agreement of the parties.

For most employees, the duration of the probationary period is 3 months, at its discretion the employer may limit it to a shorter period. For applicants for leadership positions, including for chief accountants, the probationary period can be extended to 6 months. If the contract is concluded for a period of 2 to 6 months, the test period lasts up to 2 weeks.

The reasons for dismissal on probation may be the same as termination of the contract in other situations. At the same time, in case of unsatisfactory results of the work of the hired employee, the employer has the right not to pay the severance pay.

For more information on how to make the final settlement upon termination, see the material "Calculation of compensation for unused vacation according to the Labor Code of the Russian Federation" .

Article of the Labor Code on dismissal during the probationary period at the initiative of the employee without working off - how is the application written?

An employee, upon dismissal on a probationary period, can do this of his own free will. There shouldn't be any difficulties with how to quit on probation. But for this, it is necessary to notify the management of the organization in writing 3 days before the expected time of termination of the employment contract. If both parties agree to terminate the employment relationship earlier, then working off, including 3 days, is optional (Article 78 of the Labor Code of the Russian Federation).

In this case, the application is written in free form indicating the reasons for the dismissal. For example: " I ask you to dismiss me of your own free will before the expiration of the trial period due to the fact that I am not tired of the working conditions in my position. "

However, it should be remembered that if the period of the assigned probationary period has expired, and the management does not express a desire to terminate the contract, the employee automatically continues to perform his duties on a general basis. No additional documents it is not required to compose. However, if the employee wishes to resign on his own initiative after the end of the probationary period, it will be necessary to notify the employer at least 2 weeks in advance.

In some cases, when applying for a job, the possibility of passing the probationary period is not specified. In such cases, working off within a 2-week period is also necessary.

Settlement with an employee upon dismissal on a probationary period can only be made in the usual manner (salary, compensation for periods unused vacation). But you can count on additional payments, for example, severance pay, upon dismissal of your own free will only if this condition is spelled out in local regulations.

Other information about the features of calculating severance pay can be found in the material "Is severance pay subject to insurance premiums?" .

How to dismiss an employee during the probationary period and after it at the initiative of the employer?

Hiring an employee with a mandatory probationary period is accompanied not only by a record of this condition in the employment contract. It is necessary to draw up a list of requirements and tasks, the fulfillment of which is mandatory for further admission to the state. Successful completion of the probationary period includes, among other things, the solution of all tasks assigned to the employee.

If an agreement was initially concluded with an employee that does not stipulate the existence of a probationary period or there is no separate written agreement on this condition, termination of the contract as a dismissal on a probationary period can be easily challenged.

Dismissal of an employee on probation, committed at the initiative of the employer, must be accompanied by a warning to the employee about the upcoming fact 3 days in advance (Article 71 of the Labor Code of the Russian Federation). To do this, the employee is given a written notice containing the reasons for dismissal and the date of termination of the contract.

Determination of the test period has its own characteristics. This period is set in calendar days, including weekends and holidays... However, the absence of an employee at the workplace due to other situations, including illness and for unknown reasons, is not included in the probationary period.

If the end of the probationary period falls on a non-working day, then on the last day of performance job duties in this status the previous working day is considered. That is, if the employer nevertheless decides to carry out the dismissal on probation, then the notification will need to be served in advance.

As soon as the trial period comes to an end, the employee is considered accepted for the position held if labor contract not otherwise specified. The simplified dismissal procedure, available to employers during a probationary period, is no longer valid, and the employee is subject to the rules applicable for ordinary employment.

Dismissal of an employee who has not passed the probationary period

The employer has the right to terminate the contract with an employee who did not cope with his duties during the trial period, and also showed himself to be unable to perform further work.

Probationary dismissal can be carried out before the end of this period. The employer can terminate the contract with a new candidate at the very beginning of his work. However, the fact of inconsistency with the position occupied by the employee will have to be confirmed.

Before dismissing an employee who has not passed the probationary period , you should give him a notice of dismissal, and this should be done 3 days before the order is issued. This period, as well as the basis for terminating an employment contract with an employee who has not passed the test, is valid only during the probationary period. After this period, if the management does not take any action in relation to the hired employee, it will no longer be possible to dismiss him on the same terms.

The probationary period does not include the following periods:

vacation (including at own expense, study);
periods of disability;
periods of downtime in production if an employee is absent at this time with the knowledge of management;
suspension from work;
fulfillment of state or public duties;
absence from work for unclear reasons.

You can read more about the registration of absenteeism from work in the article "How to properly formalize a truancy for an employee under the Labor Code of the Russian Federation?" ...

Business trips of employees are included in the probationary period. Moreover, based on the results of the fulfillment of travel assignments, one can judge the suitability of the employee for the position held.

During the entire period of the employee's activity on the probationary period, the employer will need to record the facts of fulfillment or non-fulfillment of tasks, confirming everything with documents. In the event of conflict situations, the employer, upon dismissal on a probationary period, can, with the help of such documents, provide irrefutable arguments in favor of the employee's incompetence.

Information from the following sources can serve as evidence of the unsuccessful passage of the probationary period:

acts of unsatisfactory product quality;
service notes and reports of immediate superiors and other employees about the unsatisfactory quality of the test employee's work;
minutes of the meeting of the commission to discuss the results of the probationary period;
employee reports on the results of his activities.

If disciplinary measures were applied to the employee during the probationary period, then these facts can also serve as evidence of his inadequacy for the position held.

In addition, the test employee must be familiarized with the rules against receipt. internal regulations, job description and other local regulations.

More detailed information about the duties of employees personnel service at the enterprise can be read in the material "HR administration from scratch - step-by-step instructions 2017".

Step-by-step instructions for the dismissal of an employee who did not pass the test and a sample of notification of the failure of the test

In case of an unsatisfactory impression of the employer from an employee who passed the probationary period, the employer has the right to dismiss him as not having passed the probationary period in a simplified manner (part 1 of article 71 of the Labor Code of the Russian Federation). However, this will require adherence to a certain procedure, the main component of which is the notice of termination of the agreement.

When designing, you should consider the following subtleties:

dismissal should be notified no later than 3 calendar days before the planned day of termination of the employment agreement;
if before the end of the probationary period a notice is not presented to the employee, he is considered to have successfully passed the probation, and dismissal becomes impossible in a simplified manner;
in the notification, it is imperative to indicate the reason for the inappropriateness of the position;
it is forbidden to make a decision on dismissal if the employee is on sick leave or on vacation at this time.

Step-by-step instruction for dismissal on probation may look like this.

Firstly, an employee who has not passed the probationary period should be notified in writing, in which it is imperative to note the reason for such a decision. You can find a sample notification text on our website at the link below.

Secondly, it is necessary to issue an order from the head of the enterprise to dismiss this employee. The dismissed person must be familiarized with the text of the order on receipt.

Thirdly, it is necessary to make an appropriate entry in the work book.

The material "Filling out the work book upon dismissal - sample-2017" will help to fill out the work book correctly

Fourthly, a full calculation of the funds earned by this employee should be made. The final settlement is carried out with the employee on his last working day or on the day of contact (if the dismissed person is not at work on that day). Severance pay citizens who have not passed the probationary period are not paid.

Variations can only be in the activities of the first paragraph. After the decision to dismiss on probation is made, it may happen that a refusal to accept the notice will follow. Then the corresponding act is drawn up, recorded by at least 2 witnesses.

Outcomes

If an employee has not passed the probationary period, every employer should know how to fire him without breaking the law. There may be slightly more grounds for dismissal on a probationary period than in the case of a regular termination of a full-time employee's contract on the initiative of the employer. In this case, the amount of payments may be less. The employee also has the right to quit if the new place and working conditions do not suit him, without going through compulsory work for a period of 2 weeks.

However, do not forget about the length of the probationary period, after which you will have to terminate the employment contract on a general basis.

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