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Probationary dismissal procedure. What can be the reason for dismissal? Dismissal notice

To check the compliance of the employee with the work assigned to him in labor contract the condition about probationary period... We talked in ours about what the maximum duration of a trial period can be, as well as about the categories of persons who cannot be set up for a trial.

Successful passing of the test does not require any documentation. 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 the 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 a probationary period, 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 of the 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 settlement (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 a record 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 in connection with 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 it allowed to dismiss of one's own free will during a probationary period? 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 restrict an employee's right 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 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 quits himself during the probationary period or at any other time, a single entry in the work book is made. When dismissing on your own during the probationary period, you need to write down (clause 3, part 1 of article 77, part 5 of article 84.1, paragraphs 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.

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 relations. The probationary period can be set with different lengths, depending on the position held.

The trial 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 itself to a shorter period. For applicants for managerial 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 trial 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 labor Relations earlier, then working off, including 3-day, 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 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 are required. 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, it is also necessary to work out for a 2-week period.

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 the 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 the last day of performance of official duties in this status is the previous working day. 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 must 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 management takes no action in relation to hired employee, dismiss him on the same terms will not work.

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 absenteeism 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. When there is conflict situations the employer, upon dismissal on probation, 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 an employee during the probationary period, then these facts can also serve as evidence of his inadequacy for the position held.

In addition, the tested employee must be familiarized, against receipt, with the 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 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 the contract of a full-time employee at 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.

Probationary employment is a common practice that creates a comfortable environment for assessing the applicant's abilities. The employee, in turn, has the opportunity to inspect the new place and understand whether the position in this company is suitable for him. The verification period is distinguished by a simplified dismissal procedure, without unnecessary formalities and lengthy work. At the same time, the rights of a new employee are protected by law to the same extent as when working on a permanent basis.

Why is a probationary period introduced?

Employees are hired based on their resume and successful interview. Nevertheless, the quality of his work cannot be judged by only the information provided. The new employee may not be able to fulfill the responsibilities assigned to him. To test the competence of employees, TC (Russia) provides for the existence of a probationary period - a period during which the management can assess the employee's skills, and he can decide whether it is worth staying in a new place.

This stage is optional and is established only with the consent of both parties. To introduce a probationary period, it is necessary to include a corresponding clause in the employment contract. It is also indicated there during the verification period. Dismissal during the probationary period occurs according to a simplified procedure, regardless of which party was the initiator of the termination of the employment agreement.

How long does the verification phase take?

The length of the trial period is determined by employers. According to the Labor Code, the probationary period can last no more than three months. A longer period is provided for candidates for those positions that require high level qualifications - management personnel. It can be up to six months old.

According to the Labor Code (Russia), a probationary period is not introduced for the following persons:

  • minors;
  • pregnant women;
  • mothers with children under one and a half years old;
  • graduates of higher educational institutions who want to get a position in their specialty for the first time no later than a year after the acquisition of the corresponding degree;
  • employees whose term of work does not exceed two months;
  • specialists who are transferred from one position to another within the boundaries of the enterprise or to another workplace by agreement of employers.

The duration of the test phase cannot be increased. If it is concluded for a short period (from two months to six), the verification period cannot exceed 2 weeks.

Unregistered workers

Companies often accept hired workers without official registration. In such cases, the contract is not drawn up, and a corresponding entry is not left in the work book. State bodies not notified of the activities of such a person, and therefore, during his work, the authorities are not obliged to comply with formal rules and draw up papers. In these cases, work on a probationary period is not used, the dismissal takes place according to a simplified procedure - without formal justification and mandatory work.

If the parties decide to sign an employment contract after the person has begun to perform duties in his position, a probationary period cannot be assigned.

Vacation and sick leave

Employees during the verification period have the same rights as other employees. Thus, they can take sick leave. Dismissal of an employee on probation during illness is prohibited by the laws of the Russian Federation, therefore the employer can terminate the employment contract only upon the return of the person. If the trial period ends during the absence of a newcomer, it does not deprive the authorities of the right to fire him.

The employer can extend the verification period only due to the days during which the employee was not present at the workplace. This rule is optional and only applies if the manager wishes.

The employees also have the opportunity to take a vacation. However, employees can only take full-time rest after six months of work. Therefore, during the probationary period, they have the right to take on vacation only a few days, which would be proportional to the hours worked.

During the verification period, the employee can evaluate the new position and understand whether the proposed position is suitable for him. The duration of the test stage is sufficient to make sure whether the person copes with the duties assigned to him, whether he is satisfied with the schedule, team or working conditions. If a person decides to terminate the contract, he can do so at any time before the end of the verification period.

Dismissal on the initiative of an employee on a probationary period is made on the basis of an application drawn up by him. The document must be given to the administration three days before the termination of the employment agreement. The employee is not obliged to justify his dismissal.

Paperwork

To leave of your own free will, you must submit a Probationary period, and this does not have to be nearing the end. The document is drawn up in any form. When filling out an application, you must indicate the name of the employer, the leaving employee, the date of writing and the alleged departure (no earlier than three days after the submission of the paper). The reason for leaving can be any - unwillingness to continue working in this company is already considered a good reason for leaving.

Dismissal at the request of the employer

The employer has the right to terminate the contract if he is dissatisfied with the new employee. This can be done both during the verification period and at the end of it. Dismissal during the probationary period must be justified with compelling reasons, confirm with evidence that the employee is not able to cope with his duties. If the employee does not agree with the employer's decision, he can appeal in court and be reinstated in his position. If a person does not want to return to work, he has the right to demand in court a change in the reason for dismissal, as this may negatively affect his future employment. To avoid such an outcome, employers often offer to write a statement, allegedly of their own free will.

Reasons for terminating the contract

If the dismissal on the initiative of the employee on a probationary period, as already indicated, does not require convincing justifications, then the termination of the employment contract at the request of the employer is motivated by a specific reason. Good reasons can be:

  • one or more absenteeism;
  • non-compliance with the rules that should be known to the employee, specified in the law or corporate regulations;
  • evasion of duties after received disciplinary punishment, etc.

The reasons for dismissal during the screening period are the same as those for ordinary employees. The employer is obliged to declare his intentions three days before the termination of the employment agreement or before the date when the probationary period ends (according to the contract and the Labor Code of the Russian Federation). Dismissal can be justified by any of the above reasons. A broader list can be found in Russian legislation.

Termination procedure at the verification stage

Termination of an employment agreement at the initiative of the employer requires careful paperwork. First, you need to formulate the reasons for dismissal and check whether they are sound, in accordance with the legislation of the Russian Federation.

In order to confirm the facts of poor performance by an employee of his duties, you need to find evidence of his negligence or violations. This can be confirmed by colleagues, clients who are not satisfied with his work, reports and explanatory notes regarding absenteeism.

The reasons for terminating the employment agreement must be indicated in the notice and registered in the journal. Then the document is handed over to the employee three days before the dismissal or the end of the probationary period. Upon the date specified in the notification, the employer must sign the appropriate order, register it in the journal and receive the employee's signature.

Calculation of severance

After issuing the order, the employer must pay the person the entire required amount. Dismissal on the initiative of an employee on a probationary period also requires the transfer of these funds. The payments that the employee receives are equal to those that are transferred to employees on an ongoing basis. This amount includes:

  • wage;
  • sick leave compensation;
  • refund for unused vacation.

Every employee is entitled to 28 vacation days per year. However, the termination of the probationary period occurs before the employee is entitled to full rest. In this case, compensation is calculated in proportion to the period of his work. If the company provides for more days of rest, they are taken into account when calculating compensation. For one unused day of vacation former employee receives an amount equal to his daily salary. The calculation is carried out according to the following formula:

  • 28 (days for full vacation): 12 (year) * N (months worked).

For example, if an employee worked for 3 months, after which he decided to quit, he is entitled to compensation for 7 days of unused vacation (28: 12 * 3).

Testing

Upon termination of the contract, an ordinary employee must perform his duties for two weeks, if requested by the employer. During this time, he can find another person for the vacated position. The duration of the additional work differs if there is a probationary dismissal. In this case, working off lasts 3 days.

This principle applies when the employment contract is terminated during the verification period. If the termination of the contract on the initiative of the management or an employee occurs at the end of the probationary period, work is optional.

Man can give up extra days in cases where he:

  • is a disabled person, a pregnant woman, a pensioner, a mother of three children or a baby under 14;
  • has an illness that interferes with the performance of official duties;
  • caring for a disabled or sick family member;
  • was enrolled in stationary studies;
  • retiring, etc.

If a person does not declare a desire to quit at the end of the probationary period and the next day he went to work, he automatically becomes an employee on a permanent basis. In such cases, the termination of the contract occurs at general rules, with a working off lasting two weeks.

Employment history

This is the final step in the termination of the contract, which occurs after the order is issued and the employee receives the required payments. Dismissal during the probationary period ends accordingly It must include the reason for the dismissal. If this happens on the initiative of the employer, then the "unsatisfactory test result" is indicated as a justification. If the employee decided to leave the organization, then the reason can be specified own wish... Photocopy work book must stay with the company where the employee worked.

The result of a new employee passing the probationary period can be both satisfactory for the employer and unsatisfactory.

If the result of the work of a new member of the team receives a negative assessment, then this will become the reason for his dismissal in a simplified manner.

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Can an employee be dismissed on probation?

If the employment of the new employee does not suit the employer, then he has the right to dismiss the subject on the basis of Part 1 of Article 71 of the Labor Code of the Russian Federation. This the decision is subject to appeal in court, so you need to strictly adhere to the rules of dismissal and correctly compose all required documents with confirmation of what the employee was fired for.

If new employee will continue to work at the end of the trial period, then it will be considered that his candidacy has been approved and it will become impossible to dismiss in a simplified form.

The warning requires:

If a new employee reported pregnancy (found out about it) during the probationary period, then it is impossible to fire her unless she takes the initiative (part 1 of article 261 of the Labor Code of the Russian Federation). But, there are exceptions to this rule, which are as follows:

  • The organization where the pregnant woman worked was liquidated.
  • Termination of the activity of the sole proprietor, for whom the expectant mother worked.
  • If pregnant worked in the place of another employee only during his absence, who expressed a desire to renew his labor activity(3 article 261 of the Labor Code). But, in this case, the employer must provide the pregnant woman with a list of other vacancies.

If the employer has other reasons for dismissing the pregnant woman, then it will be impossible to terminate the employment contract.

Important! If the employer was aware of the employee's pregnancy at the interview stage, then he has no right to establish a probationary period for her (Article 70 of the Labor Code).

Reasons for dismissal

There must be good reasons for dismissal, despite the fact that this action has a simplified procedure. TK norms protect the interests of the employee, and the notice of dismissal must state the reasons that led to this result.

You also need documents, confirming the violation labor discipline, irresponsible attitude to work, etc. Otherwise, the employee can go to court to appeal the dismissal.

The reasons why the result of passing the probationary period can be considered unsatisfactory are as follows:

  • Absenteeism.
  • Failure to obey orders from superiors without reason.
  • Performing labor activities under the influence of drugs or alcoholic substances.
  • Lack of implementation of the work plan.
  • Negative assessment of the performance of official duties.

Any kind of poor-quality performance of their duties by an employee, should have documenting , in accordance with the law for each type of violation.

The list of documents usually includes:

  1. Reports on behalf of managers addressed to superiors.
  2. Explanatory in writing from workers.
  3. Acts of absenteeism, cash shortages, presence at work under the influence of alcoholic and / or narcotic substances.
  4. Disciplinary Orders.

The management is obliged to issue to the employee against signature written warning... If the employee is not going to sign the document, in this case, the manager must fill out the appropriate act.

There is no single form of warning, but sample sample You can .

Is the employee obligated to work off?

If an employee is subject to dismissal during the execution period, then he needs to familiarize himself with article 71, part 4 of the Labor Code of the Russian Federation. Based on this, to the question: is there a need to work out two weeks, you can categorically answer - the period of working out in this case reduced to three days.

There are no provisions in the articles of the Labor Code of the Russian Federation according to which an employee can do without working off.

An employee can complete his labor activity without working off, in accordance with part 2 of article 80 of the Labor Code of the Russian Federation. To quit in this way, you need not only the desire of the employee, but also employer consent.

The Labor Code of the Russian Federation does not provide for other conditions for new employees undergoing a trial period, for this reason, the employee can be laid off without working off, but for this you need to obtain the consent of the employer.

Termination of the contract

It is important to follow the main points of the step-by-step instructions for dismissal. Dismissals must be confirmed necessary documents, be absolutely legal grounds and correctly formulated.

The ideal situation is when the employee is initially given a task plan, which contains responsibilities that correspond to the job description.

The employee must be accountable for the correct implementation of each item of the plan. If any item is not ready or performed poorly, then the manager has the right to take explanatory from the employee.

Documents confirming poor quality work:

  • Reports from the supervisor that the work has not been done or is done poorly.
  • Acts in which the marriage is recorded.
  • Negative description of the employee from the management.
  • Customer dissatisfaction in writing.

Three days' notice to the employee gives the right to fire him during the probationary period. This document must be prepared in the form form in duplicate... This notification does not have a uniform form for all, but it must necessarily contain:

  1. Organization details and its name;
  2. Date of preparation of the document;
  3. Surname, name and patronymic of the employee;
  4. Information about the dismissal and the wording of the reasons;
  5. Date of dismissal.

This notice must be signed by the employee and dated. If he refuses to do this, then the head needs to draw up an act.

After the document is signed, it is transferred to the personnel service, which draws up a dismissal order. It also needs to be submitted to the employee for signature. If the employee refuses to put his signature, another act is drawn up. Further, the document is registered in the order book.

Features of reduction after the trial period

Although the dismissal of a new employee occurs as a result of the probationary period, the leader has the right not to wait the end of this period, and communicate your intention much earlier.

This usually happens when the employer comes to the conclusion that it is inappropriate to keep the employee any longer.

Important! If a citizen came to work under the influence narcotic or alcoholic substances, then there is no reason for his dismissal, as he did not pass the probationary period. These circumstances are independent for dismissal at the initiative of the employer.

Here you need to pay attention to the fact that if the employee copes well with job responsibilities and the probationary period passed without any complaints, then the end of this period no need to confirm additional papers.

It is important not to lose sight of the fact that the notice of dismissal is drawn up in duplicate. The copy signed by the employee remains with the manager. If this is not done, then later problems with proof that the employee received a warning.

The video below discusses some aspects of dismissal for failure to pass the probationary period: