Employment with a probationary period - duration, amount of payment and rights of the employee according to the Labor Code of the Russian Federation. All about dismissal on probation at the initiative of the employee: sample application, working off and other information

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

How long can be set?

Employment for a trial period allows you to determine the possibilities for further cooperation. According to this period may be different in different cases. There are the following options:

No more than 2 weeks;

Trial period 3 months (or less);

Up to six months;

Up to one year.

At the same time, the shortest duration is provided when an urgent contract is concluded (up to six months). In addition, this applies to seasonal workers. For them, a trial period of 2 weeks can be established, but no more.

However, it usually takes 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 employment for a trial period for the longest time carried out? For example, when an employee enters the civil service. How long is the trial period in this case? Up to one year. However, if an employee is transferred to a new location from one government agency in another, the longest time is six months.

Categories of employees for whom a probationary period cannot be established

The rules listed above 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, employees with whom the contract is for 2 months or less. Another case - if the candidate for work entered the competition. In addition, this category includes former students who have received higher, secondary or elementary education and for the first time they started to fulfill a position in their specialty. Also, hiring for a trial period is impossible for disabled people who were sent to this position based on the results medical expertise. Another category - professionals who were invited to given place by way of transfer to another employer. The last two cases are if the candidate is elected to an elective position, and also if he is retired from service (alternative, military).

Why is a trial period necessary?

Employment for a trial period upon taking up a position is introduced not only for a future employee, but also for an employer. Both sides during this period have the opportunity to look at each other and understand whether to continue cooperation. During the test, the employer evaluates business qualities, the ability of the employee, his communication skills, the ability to carry out orders with high quality, compliance with the position held, compliance with the rules established in the company, as well as discipline. During this period, the employee makes a conclusion about the company, about his position, salary, responsibilities, management and team.

How is work paid during the probationary period?

For an employee who is at the probationary stage, it applies in full. Therefore, if the company stipulates in the contract that this period will not be paid, this is a clear violation Russian law. In addition, many employers in our time deliberately set a lower salary for the test subject, promising to increase it later. The following can be said about this.

Firstly, an employee who is at the probationary 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 the salary during the trial period falls under such an article as discrimination. In the staffing of a company, for example, there are two rates of a purchasing manager. The first is occupied by an old employee, and a new person was invited to the second with the passage of a probationary period. In this case, from the first day of work, a novice must have no less salary than a worker who has worked for several years in a similar position as an employee.

Legal way to set a lower salary during the probationary period

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

The specialist located in probationary period, a bonus may be paid, as well as other incentive payments that are prescribed in the regulation on remuneration and bonuses. The employer is also required to pay the test subjects overtime, sick leave, going to work on holidays and weekends.

Making a probationary period

A probationary period is required. You need to conclude with the employee labor contract, and the order to hire an employee is issued on the basis of it. These documents indicate the duration of the test period. The entry “hired for a probationary period” is not entered in the work book, it only notes that the employee has been hired.

Probation period extension

It is not forbidden to increase it, however, 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 after this period the employer still has doubts about the suitability of the candidate for this position, the trial period can be extended to 3 or up to 6 months, if we are talking about the vacancy of the head of the branch, chief accountant.

Without the consent of the employee, it is impossible to increase its duration. Therefore, the employer must justify the decision to extend the probationary period.

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

Untimely performance of tasks by an employee, his mistakes, violation labor discipline should be documented, and if there are leaders, then they should be attached. Facts witnessed in this way should be given to the officer for review. For confirmation, he must put his signature. If the employee agrees with the shortcomings in the work, then an employment contract is made, 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 that other employees working in this company have. A specialist registered for a probationary period has the following rights:

Receive salaries, bonuses, overtime pay bonuses, and other incentive payments;

Take a sick leave, on the basis of which to receive insurance payments for the time of disability;

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

Take a weekend at your own expense or on account of a future vacation; however, the employer in this case may refuse 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 saving wages up to five days.

The duties of an employee are as follows:

Comply with internal regulations, fire and labor discipline;

Comply with the terms of the contract;

Perform job duties in accordance with the job description.

Dismissal of an employee who has not passed the probationary 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 it is impossible to further cooperation. They must be documented. This may be an act of disciplinary action, about non-fulfillment by the employee job duties, written complaints from clients who interacted with the specialist, or, for example, the minutes of the commission meeting, in which the outcome of the probationary period was determined, etc. The notice also indicates the date of the planned dismissal and the preparation of the document. It is made in duplicate (for the employee and for the employer).

The next step is to give the employee this notice, no later than three days (and 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 automatically be 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 on the day of dismissal, the employee 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. While probationary employees are required to notify their employer of their desire to leave two weeks in advance, an employee undergoing probation must notify him only three days in advance.

Cases in which dismissal is not possible

It should be noted that the dismissal of employees who have not passed the probationary period is equated to their dismissal precisely at the initiative of the employer. Therefore, it is necessary to familiarize yourself with the Labor Code of the Russian Federation before dismissing a specialist who is on probation (Article 81). For example, an employer does not have the right to fire a pregnant woman or a woman raising a child under 3 years old. If he is unable to work or is on vacation, he is also prohibited from being removed from office.

Who benefits from a trial period?

It benefits both the employer and the employee. Thanks to the trial period, the company can make sure that the candidate has professionalism, or start looking for another specialist. And the worker, in turn, will be satisfied with his new place or will begin to look for another. Thus, neither the company nor the specialist will lose Extra time looking for another candidate or a new job.

Dismissal on probation - myth or reality? Does the employer have the right to do so? And how should an employee behave in order not to be fired during the probationary period? Perhaps every worker at least once in his labor activity faced similar issues. And of course, every employer thought about it. Let's try to figure out what a probationary period is and in what cases an employee can be fired during the test.

Does the Labor Code provide for 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 "Probation for employment" regulates the duration of the probationary period, the rights of employees during the probation, as well as restrictions on the establishment of a probationary period.

2. Article 71 of the Labor Code of the Russian Federation "The result of the test when hiring" stipulates mainly the issues of dismissal in the event that the employee has not completed the probationary period, but also affects the issue of successful completion of the test.

What is a trial period?

A probationary period is such a period, agreed with the employee and specified in the employment contract, when the employer finds out whether the qualifications and personal qualities of the employees correspond to the requirements that the employer imposes on his employees in general and for 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 suit him.

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

The probationary period is set only by agreement with the employee. If an employee refuses to pass a probationary period, no one can impose tests on him.

Why is there a probationary period?

The probationary period is in a certain 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 out. 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 - although the probationary period is not an internship, when the curator must patronize and support the employee, the employee during the probationary period is still treated more condescendingly. True, on the other hand, during this period they are looking at him intensely, and, perhaps, the employee should not openly demonstrate incompetence and ask too many questions about the work process.

When is a probationary period established?

As a rule, a probationary period is set for newly hired employees - 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 set 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 an employee for a position, no matter how good his track record is, so it would be more appropriate to establish a trial period. Of course, in this case, there is no talk of dismissal during the probationary period - if the employee does not cope with the test, he can simply return to his duties in his previous position.

p> There are also certain categories of workers to whom under the labor legislation in general it is forbidden to establish a trial period. These workers include:

• accepted by transfer under agreement with other managers;
• who have taken a paid position as a result of elections;
• winners of the competition for this position;
• pregnant women;
• women raising a child who is not yet one and a half years old;
• persons under the age of eighteen.

It is also impossible to establish a probationary period for those employees with whom a fixed-term employment contract is signed for a period of two months to six months.

How is the length of the probationary period determined?

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

All these details should be described in internal documents enterprises, and the employee who is supposed to pass the probationary period must be familiar with these documents.

The usual duration of the probationary period is from one to three months. The employer can set two months, and one and a half, and all three at once - as he wants. The only thing an employer cannot do is set up a second probationary period or extend the first if they 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 lasting from two to six months are prohibited from setting a probationary period of more than two weeks;
• employees who have been hired for managerial positions, as well as for the position of chief accountant or his deputy, can be set for a probationary period of six months. At the same time, three months for this category of workers is the minimum probationary period;
• Some employees in civil government positions may be placed on probation for a period of six months to a year.

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

Can the trial period be extended?

As mentioned above, it is prohibited to extend the probationary period or establish a second one immediately after the first one. But in this case, it was only about the option when the employer, following the results of the probationary period, cannot decide whether to leave the employee at the enterprise or fire him - 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, the employee, for example, took part in military training or was sick - that is, he was actually absent from the workplace, albeit for a good reason - these days are not counted in the probationary 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 probationary period.

End of probation

Since the probationary period is set for a certain duration, sooner or later it must end. At the end of the probationary period, a decision must be made.

Dismissal after probation

If the employee, in the opinion of the employer, has not coped with the probationary period, a dismissal order is issued, 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 the employee has shown himself well during the probationary period, and completely satisfies 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 documents are required.

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

Dismissal at the end of the probationary period

When the probation period ends, the enterprise issues an order to dismiss the employee due to the unsatisfactory result of the test. The employee leaves on the same day specified in the order. AT work book an appropriate entry is made, the final settlement is made with the employee, the work book is handed over to him.

At the same time, the employee may ask the employer for clarification on what exactly the test result was unsatisfactory, so it is worth preparing a reasoned response to this request.

Retirement before the end 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 dismiss 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, the company issued a dismissal order. 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 complete package of documents proving the incompetence of an employee, since the dismissal of an employee during a probationary period, however, as well as dismissal based on the results of a probationary period, can be appealed by the employee in court. Therefore, it is highly desirable to record all the mistakes of the employee in writing: if he was late for work at least for a few minutes - let him write an 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 lack of communication skills of an employee or his uncleanliness in relation to employees - which can also cause dismissal in some cases - but if you wish, everything is possible. Especially if the team in this matter is on the side of the employer.

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

Retirement on probation

A two-week working off, as happens upon dismissal at the initiative of an employee, is not provided for during the probationary 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 working off is only three days. If the dismissal occurs at the end of a predetermined probationary period, working off is not provided at all - the employee is dismissed on the day the probationary period ends.

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Content

The term "probationary period" is familiar to everyone who has ever taken a job - it is a legal right for the employer, for a certain period of time, to evaluate 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 test in advance. The entry in the labor 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 suitability of the employee for the position for which he is applying. At the same time, the conditions and duration of the test are prescribed in the employment contract itself.

Job test

The procedure for testing a potential employee when hiring expresses the completely legitimate right of the employer to determine his professional skills and the suitability of his position. It is important to remember that this is not mandatory, but additional condition concluded employment contract, which is made 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 at the conclusion of an employment contract

It is worth remembering that an employee on probation 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 tend to offer the applicant for a position a small salary. The Labor Code for this case does not spell out any special conditions wages, but it is not directly forbidden to set a lower salary for this time.

Registration procedure

All conditions are prescribed in the employment contract, which the company must conclude with the employee. The exact start and end date of the trial period (from 01/01/2002 to 01/04/2002) or its duration (two weeks, three months) is indicated. Do not forget that the hiring order must indicate that the employee will be inspected for his suitability for the position held. One copy of the work contract is given to the employee.

Who should not be placed on probation

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

• those who were promoted to positions through competition, according to Russian legislation;
• pregnant women who are going to maternity leave;
• minor citizens;
• graduates of universities and other educational institutions for whom this is the first job;
• if the employee is elected to the chosen paid rate;
• when transferring from another organization, for example from Moscow.

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

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

Length of probationary period for employment

The standard period of probation for employment is three months. Senior employees - managers, chief accountants, financial directors, their deputies can be tested for compliance with the position for professional suitability 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 employment lasts two weeks, in the case when a fixed-term employment contract is concluded (up to 6 months). When concluding a regular contract, the employer himself sets the duration of the labor test - from one to three months, depending on the position held. For senior managers, this is three months. At the request of the employer, the duration of the period of work can be reduced.

Probation period extension

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

Maximum probationary period under the labor code

At the conclusion fixed-term contract lasting two to six months or seasonal work The trial period can only last 2 weeks. If the employee is hired on a permanent basis, then maximum term The test for employment is six months. These terms are prescribed 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 termination. An employee can write a letter of resignation from the enterprise if the position in which he worked did not suit him. Does an employer have the right to terminate the work trial earlier if the work of the employee is unsatisfactory? Yes, only everything must be formalized according to the law (corresponding order), and the employee must be warned in advance ..

Rights of an employee on probation

The labor legislation clearly states that an employee who is on a labor probation has exactly the same rights and obligations as the rest of the employees of the enterprise. This applies to wages, receiving bonuses, establishing social guarantees. The candidate has the right to appeal in court any actions of the employer that infringe on the rights of the employee, including in relation to the early termination of the employment contract.

Can I 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 the duration of the sick leave period, the labor test is not counted; it resumes its effect when the employee returns to his place of work. In the event that an employee terminates cooperation with the employer (regardless of the reason), the employer is obliged to pay sick leave.

What determines the salary

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

End of probation

We note right away that there is a situation when it is impossible to dismiss an employee after a probation period: when an employee became pregnant during this period of time and brought the relevant certificates. In other cases, there are two options for ending the trial period.

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

The dismissal of an employee undergoing a test is always drawn up as detailed as possible, because there is a rather big chance that the employee will consider such actions illegal and sue the employer. This can be avoided by proving that the employee violated the rules of work, safety precautions, did not follow instructions, was absent without a good reason. When hiring, you must receive a written notice from the employee with his signature that he was aware of all the internal regulations of the employer.

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Employment with a probationary period - duration, amount of payment and rights of an employee under the Labor Code of the Russian Federation

The device for work has a lot of subtleties and nuances. With legal employment, you must first go through a probationary period, which lasts from one to several months, and only then does the length of service begin to be calculated.

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

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But there are times when an employee is fired during a probationary period, or he himself leaves the place. Let's find out how the dismissal procedure takes place during the probationary period from the side of the law.

What does the law say?

According to 16 Art. of the Labor Code of the Russian Federation, the official registration of an employee, that is, the establishment of a certain salary, is possible only after passing the probationary period.

Also Art. 26 of the Labor Code of Russia states that in some cases it can be omitted.

Why look after an employee?

As practice shows, a probationary period helps to identify shortcomings in a candidate for a position, gaps in knowledge and lack of necessary skills. Or, on the contrary, it makes it possible to reveal the best sides potential employee.

In any case, before formal employment, the employer should look at the candidate "in action".

According to Art. 70 of the Labor Code of the Russian Federation, after successfully passing the probationary period, the days of work can be entered in the work book on account of the length of service (with the consent of the employer).

To whom and when is the test established?

The employer has the right to establish a probationary period for all persons who have reached the age of 18, have seniority and have finally left their place of work.

Its passage begins on the first working Monday. Holidays and weekends do not count towards the trial period.

Employer Restrictions

The employer does not have the right to accept a candidate for a position on a probationary period if he:

• has not reached the age of majority;
• a pregnant woman or a mother with small children under the age of 1.5 years;
• transferred from one company to another (at the invitation of the company) to a similar position;
• won a competition to replace a dismissed/departed employee.

If a potential employee belongs to at least one of the above categories, then setting a probationary period is illegal.

Timing

Depending on the class of the worker, in 27 Art. The Labor Code provides for different terms:

• for representatives of working professions, a probationary period of not more than one month is provided;
• for representatives of other professions - about 3 months;
• in special cases, in the presence of negative reviews - 6 months.

Possible test results

There are two possible outcomes of the situation - positive and negative.

With the conscientious completion of the “practice”, the employer formalizes the employee by concluding an employment contract with him.

If the results of the probationary period caused criticism, then the employer has the right not to continue cooperation with the person.

In what cases is dismissal possible?

Leaving work before the end of the probationary period is possible at the initiative of the employer or employee.

Let's consider both cases.

Employer initiative

Article 71 of the Labor Code of the Russian Federation states that the employer has the right to advance ahead of schedule - during the probationary period.

However, this should be warned no later than 3 days in advance of the necessary care. The dismissal of an employee who is on probation occurs in writing.

On a piece of paper, the employer must indicate the reasons why he was not satisfied with the activities of a potential candidate for the position.

The notice is drawn up in two copies: one for the employer, the other for the employee.

Notification example:

Example of employee notification

Employee initiative

There are also cases when an employee leaves his post by his own decision.

He must write a written notice three days before leaving in one copy, which is intended for the employer.

Another person must pay all the money received as a salary for a trial period and return the work book to the secretariat of the company.

Document example:

Sample letter of resignation own will

Features and nuances of the situation

The procedure for dismissal during the probationary period has its own nuances and features. Let's take a look at them.

Working off

As a rule, testing takes from three days to a week. During the working period, cases related to dismissal are resolved.

It is necessary for the following reasons:

• in a few days, the employee finishes all his work affairs and brings projects to the end;
• during the working time, the leadership can find a replacement for the person who left the post;
• there is a registration and preparation of all documents necessary for the full care of the former employee.

The employee is on sick leave

Sick leave during probation is normal legal practice.

The legislation of the Russian Federation provides for leave for people who have elevated temperature, have received any injuries, etc.

Some employers mislead employees that if you go on sick leave, you will not pass the probationary period. This is not so: it is enough to provide evidence of your illness (certificates from a doctor, x-rays, etc.), and the employer must release from duties.

At the same time, dismissal is not possible until the employee returns to work after illness.

Directors and financially responsible persons

The procedure for their dismissal does not differ from the above rules: all the same provisions of the Labor Code of the Russian Federation come into force.

replacement leadership positions are looking for during the work of the previous employee.

It should be borne in mind that when a financially responsible person leaves, one should check the property and funds for which he was responsible, and only after that draw up an agreement on leaving. Verification of property occurs through an inventory.

In any officially operating company or organization, there is an inventory commission that operates constantly.

It consists of the heads of divisions or workshops of the enterprise, Chief Accountant, the head of the company or her deputy.

During the inventory process, an act of counting material assets is drawn up, in which the commodity property is outweighed, measured, the initial amount of valuables is calculated, the state of things is compared before and after the work of the employee.

Public and private companies

The conditions for dismissal on probation are not very different in public and private firms.

For example, an employee public institution you will have to write a statement three days before leaving, if the leader became the initiator, then he writes a notice, respectively, he.

The same procedures must be done by an employee in private company. Therefore, there are no differences.

The procedure for issuing a dismissal during a probationary period

The departure of an employee who was on probation is accompanied by a lot of trouble: preparing documentation, processing a work book, establishing the necessary payments and compensation.

Preparation of documents

There is a certain scheme according to which the dismissal of an employee who is on probation takes place.

It includes the following steps:

• First of all, the manager prepares documentation confirming that the employee does not meet the requirements for the job and his competence is insufficient in the relevant area. As evidence, as a rule, there are reports, notes from the employee's colleagues, explanatory notes, etc.
• Next, the manager writes a notice in which he notifies the employee of his decision. The employee is informed of his imminent dismissal, attaching documentation.
• After reviewing the claims, the employee signs in a special work journal.

Entry in the workbook

After the completion of the collection of documentation and the dismissal procedure, an appropriate entry is made in the work book of the employee (example):

To check the compliance of the employee with the work entrusted to him, a condition on a probationary period may be included in the employment contract. We talked in ours about the maximum duration of a trial period, as well as about the categories of persons who cannot be tested.

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

An unsatisfactory test result gives the employer the right to dismiss the employee "under the article." However, the employee can quit during the probationary period on his own initiative. Dismissal during the probationary period at the initiative of any party labor relations 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 to be unsatisfactory, the employer may 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.

Labor contract with an unsuitable worker must be terminated before the expiration of the probationary period. At the same time, no later than 3 days before the dismissal, the employer must notify the employee in writing about the upcoming termination of the contract. We gave an example of an employee's notice of dismissal. The notice of dismissal of an employee on probation must indicate the reasons why the employee was found not to have passed the test. We talked about the criteria by which the employer is guided when deciding on the results of the employee's test in a separate article.

Based on the decision of the employer to dismiss the employee, a dismissal order is issued, in which the employee must sign. On the day of termination of the employment contract, the employer is obliged to issue to the employee a work book, other documents related to work, as well as to make the final settlement (including pay compensation for unused vacation) (parts 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 probation? 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 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):

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

The decision of the employer to dismiss the employee due to the unsatisfactory result of the test, such an employee can appeal 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 it possible to be fired at will during a probationary period? As we have indicated, an employee can be fired during a trial period at the initiative of the employer. And the answer to the question "Is it possible to quit on probation" is also in the affirmative. After all, the Labor Code of the Russian Federation does not restrict the right of an employee to dismiss on his own initiative. Moreover, dismissal during a probationary period for an employee is simplified.

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

When can you quit on probation? An employee may leave the probationary period at any time. The Labor Code of the Russian Federation does not establish a minimum period that an employee in without fail should work. 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 employer receives the application.

Regardless of whether the employee quits himself during the probationary period or at any other time, a single entry in the work book is made. Upon dismissal of one's own free will during the probationary period, it is necessary to record in the labor (clause 3 of part 1 of article 77, part 5 of article 84.1, clauses 14, 15 of the Rules, approved by Government Decree of 04/16/2003 No. 225 , clause 5.2 of the Instruction, approved by the Decree of the Ministry of Labor of 10.10.2003 No. 69):

"The employment contract was terminated at 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, it is unlikely that an employee will want to have a record of dismissal in connection with unprofessional suitability in the work book. 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 deadlines and possible risks. After all, for example, such an employee can withdraw his application for resignation 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 dismiss an employee undergoing a test if such an employee is on sick leave or on vacation (Article 81 of the Labor Code of the Russian Federation). But on his own initiative, the employee can quit during these periods.