Dismissal during a probationary period at the initiative of the employer: reasons for breaking the employment contract. How to properly fire an employee without his desire according to the Labor Code of the Russian Federation: step-by-step instructions, entry in the labor record (Article

Grounds for dismissal of an employee during a probationary period

Regardless of whether the procedure for terminating the contract is carried out at the request of the employee, at the initiative of the employer, or by agreement of the parties, it requires official registration in compliance with legal norms. Violation of them will result in the organization and authorized persons being held accountable.

Reasons for dismissal of an intern may be as follows:

violation of labor discipline;
inconsistency of the employee’s qualification level with the requirements and responsibilities;
liquidation or reorganization of the company;
staff reduction;
change of working conditions fixed in the contract, made unilaterally;
personal initiative of the employee.

If during this time the employee showed unsatisfactory results, then the manager has the right not only to leave him in his position, but also to arrange a transfer to another workplace, the requirements of which correspond to his skills.

What is a probationary period?

According to the Labor Code of the Russian Federation: a probationary period is a time period that is established by the employer in relation to a new employee . During this period of time, the professional qualities and skills of the employee and his ability to cope with work responsibilities are tested. The employee also adapts to the organization and understands all the intricacies of the work.

The presence of a probationary period clause is indicated in the employment contract. The absence of a clause means that the employee was hired without testing.

Attention

If an employee is actually allowed to work without drawing up an employment contract (Part 2 of Article 67 of the Labor Code of the Russian Federation), the condition of a probationary period can be included in the employment contract only if the parties formalized it in the form of a separate agreement before starting work.

During the employee's probationary period, he is subject to the provisions of the Labor Code of the Russian Federation and other regulatory legal acts containing labor law norms, collective agreements, agreements, and local regulations.

The trial period cannot exceed 3 months . For some categories of workers it can be up to 6 months . This applies if you need to check professional qualities:

manager;
deputy head;
chief accountant;
deputy chief accountant.

This is explained by the fact that in a shorter period of time it is not always possible to fully determine the skills and abilities of these employees. Also, the period of temporary incapacity for work of the employee and other periods when he was actually absent from work are not included in the probationary period.

Attention

If the employment contract is concluded for a period of two to six months, the probationary period cannot exceed two weeks .

Dismissal procedure

The algorithm for dismissing someone who has not completed the probationary period is as follows:

The employee is notified 3 business days before the expected date of termination of the contract.
A dismissal order is issued.
An entry is made in the work book and the final payment is made.

Grounds for termination of an employment contract during this period

When concluding an employment contract with a newly hired employee, the employer may provide for a probationary period during which it is possible to evaluate the skills, qualifications and potential of the subordinate.
The trial period ranges from 3 to 6 months, and for a number of categories of workers the establishment of a trial is not permissible.

Important! Termination of an employment contract during the probationary period is possible both on general grounds and on special grounds (due to failure to pass the test - Part 1 of Article 71 of the Labor Code of the Russian Federation).

Can an employee be fired during a probationary period? If during the test the employer comes to the conclusion that the employee cannot cope with the duties assigned to him, then he can terminate the employment contract with him on a special basis provided for in Part 1 of Art. 71 of the Labor Code of the Russian Federation - due to failure to pass the test. In this case, the employer is obliged to inform the subordinate about the decision in writing 3 days before termination of the employment contract.

Read more about dismissal during the probationary period due to failure to pass the test here.

In addition to the special grounds mentioned above, employment relations with employees hired on a probationary period may be terminated, for example, on the following grounds:

At the initiative of the employer

How to fire an employee without his desire during a probationary period at the initiative of the employer is stated in Art. 81 Labor Code of the Russian Federation. In particular, these include:

liquidation of the company or reduction in the number or staff of its employees;
inadequacy for the position held;
committing gross disciplinary offenses (absenteeism, appearing at work while intoxicated, theft, disclosure of commercial or other secrets, etc.);
repeated failure to fulfill official duties in the presence of a valid disciplinary sanction;
violations of anti-corruption legislation (failure to report a conflict of interest, failure to provide information about income and property obligations, etc.).

Please note that dismissal due to violations of labor discipline is applied as a disciplinary sanction, and therefore requires compliance with a certain procedure prior to the imposition of a penalty.

At your own request

When terminating a relationship on the initiative of a subordinate during the probationary period, a shortened period of notification of the decision is provided - the employer must be notified 3 days in advance.

Read more about voluntary dismissal during a probationary period here.

By agreement of the parties

This option will be optimal in the case when the relationship between the parties does not work out, and the employer has no objective reasons for terminating the employment contract due to failure to pass the test.

In this case, one of the parties must initiate dismissal by writing:

a memo with a proposal to terminate the employment contract (if the initiator is the employer);
resignation letter (if the initiative comes from the employee).

Upon termination of legal relations on the basis of Art. 78 of the Labor Code of the Russian Federation there is no need to work off, i.e., the parties negotiate a dismissal date convenient for them.

In addition, if the local acts of the enterprise stipulate a provision for the payment of severance pay in connection with dismissal by agreement of the parties, or the parties themselves stipulate such a condition in the agreement, the final settlement with the resigning person will include the amount of the benefit .

Sample notification and entry in the work book

Notice of termination of the employment contract:

An example of an entry in a work book about dismissal during testing:

If an employee believes that his rights have been violated, he can apply to the labor inspectorate for protection of rights or to court. Such actions may lead to the imposition of legal sanctions on the organization and his reinstatement in office.

Dismissal procedure

At the initiative of the manager

An employer who is not satisfied with the professional skills of a new employee must draw up a document stating all the reasons why the contract is terminated. The following nuances need to be taken into account:

Notice that a worker is being relieved of his duties must be sent at least three days before this event.
If the employee has not received the notification, then he is considered to have passed the test. Then the employer will not be able to fire him under a simplified scheme.
The notification must contain a justified reason why the person was not suitable for the position.
The manager should delay the decision to dismiss if the employee is absent due to vacation or sick leave.

Next, a dismissal order is issued. The employee gets acquainted with the text of the document against receipt.

Attention

The last stages of release from work are entry in the work book and payment of money for time worked.

At the initiative of the employee

If a working person understands that he cannot cope with the workload or the position is not suitable for him for some reason, then he has the right to resign on his own initiative.

Important

If the employee decides to resign before the expiration of the probationary period, then he personally or by mail (with a certified signature) notifies his boss of the termination of the contract.

A corresponding application is sent to the personnel authority of the enterprise, on the basis of which a dismissal order is prepared. Further, if necessary, testing is carried out. On the day of dismissal, the employee receives a paycheck and a work book.

Before signing all documents, the employee can withdraw his application. To do this, a new document is drawn up in which the employee asks to cancel the previous application. After this, the employee can continue to perform his duties as usual.

Attention

An employee can leave his place any day. The manager's consent is not required. The employer must be notified three days before dismissal.

Agreement of the parties

A fairly rare process is dismissal during a probationary period by agreement of the parties. The procedure exactly repeats the process of terminating employment relations by agreement of the parties with employees who have entered into a full-fledged employment contract. The termination initiative can be initiated by any of the participants: the employee or the employer.

An agreement is drawn up in which it is necessary to indicate all the nuances of dismissal (timing, amounts, etc.). After drawing up, it is certified by the signatures of both the employee and the employer. Based on the agreement, a dismissal order is drawn up, which is also signed by both participants in the labor relationship.

On the day of dismissal, the employee is given: a work permit (with the appropriate entry “dismissed by agreement of the parties”), cash, and other documents.

Documents for dismissal

For employees whose probationary period is shorter than two months, things are a little different. Written notice is given to them three days before the proposed event.

From a legal point of view, a person on probation is a full-fledged employee. Therefore, he is entitled to all compensation and payments. Usually this is severance pay - its amount is equal to the average monthly salary. If he has not worked for long, the payment is calculated based on earnings at his previous place of work.

All this is a social guarantee from the state and the employer. Its presence allows you to find a new place to work and not experience financial difficulties for some time. If the employee agrees, dismissal may occur earlier than the stated deadline. Then he is entitled to compensation. Its size is calculated based on the time remaining before dismissal.

In addition to severance pay and compensation, the employee receives payments for unused vacation and remaining wages for days worked. All of them are subject to taxation, the only exception being compensation. 2 requirements must be met:

All money transfers must be regulated by the Labor Code of the Russian Federation.
The amount of payments does not exceed the specified norms.

Therefore, the average earnings for 2 months and severance pay are taxed. All of them are produced by the employer.

Since the order in this case will not be enough. After all, the legislation is based precisely on the contract signed by the employee and the employer. A probationary period is needed to check whether a person is suitable for a given vacant position. In accordance with the law, the probationary period ranges from two to six months.

As mentioned above, a reduction in the probationary period is possible if a contract is concluded with an employee for a period of up to six months. In this case, the probationary period will be two weeks. Also, the probationary period is reduced to three months for ordinary workers who enter into an employment contract.

The probationary period (six months) for those applying for management positions at the enterprise remains unchanged. In any case, there is no way to get out of the probationary period. This is provided for by law.

set a 2 or 3 month probationary period? In this situation, since the employment contract with the employee as a part-time worker was terminated, and the employee was hired for the main job - and this is a completely different employment contract with different grounds and conditions and in no way relates to the previously concluded employment contract - therefore you can establish a probationary period the period, in accordance with the Labor Code of the Russian Federation, is both 2 and 3 months.

Let's get a look. how to correctly formalize the delegation of authority (with the right to sign In accordance with Art. In this case, we are not talking about BENEFIT Budgetary organizations cannot be profitable in fact. The conditions for establishing the probationary period must be reflected in the order for employment. If there is absolutely no indication to the CS - tune in to EP and give birth yourself.

If the employee wishes to terminate the contract by agreement of the parties, the employer’s refusal to consent to such a basis for terminating the employment relationship does not necessarily have to be motivated and cannot be challenged in court. Salary must be at least the state minimum wage or state minimum wage.

As follows from Art. 70 of the Labor Code of the Russian Federation, the probationary period is established only upon hiring and is established until the moment of actual admission to work. In the situation under consideration, the employee is transferred with his consent to another job in the manner prescribed by Art. 72.1 of the Labor Code of the Russian Federation, and not hiring.

How to make a change in the last name entry in the work book? Question How to correctly draw up an order to reduce the probationary period of an employee if the probationary period was initially set at 3 months? The employee was hired on August 20, and according to the boss’s memo, the probationary period must be lifted on November 1.

Answer The probationary period is one of the terms of the employment contract. To change it, you need to make changes to the employment contract with the employee’s consent: conclude an additional agreement with the employee, Art. Read more about the maximum probationary period for employment at this link. An order is not required, but it can be issued in any form, with reference to the additional agreement. Moscow Kondratiev test period, setting it from

Temporary contract and probationary period Reducing the probationary period The probationary period can be shortened either at the request of the employer or at the request of the employee. The employer has the right to shorten the probationary period at its discretion if a qualified specialist is hired. In this case, the probationary period can be only one week.

In such a situation, the contract may not include a clause on the probationary period. But what to do then? In this case, the management of the organization issues an order that the probationary period is taken into account when hiring. Reasons for shortening the probationary period When concluding a fixed-term employment contract; Employee initiative.

Reducing the probationary period: memo sample Current as of October 5 A recently hired employee in the organization showed his best side. To motivate an employee, the immediate supervisor offers a reduction in the probationary period. The test abbreviation memo serves as the starting point for the procedure.

We check the employee's suitability. The probationary period is the period established by the employment contract, during which the employer takes a closer look at the employee and, conversely, the employee in practice evaluates the work offered to him and the working conditions in the organization of an individual entrepreneur. The probationary period is established by agreement of the parties to the employment contract: the employee and the employer and is reflected in the contract and in the employment order.

Is it possible to fire an employee after the end of the term?

An employer can fire an employee if he does not meet expectations and is not suitable for his position. The procedure can be completed both during the probationary period and at the end. In this case, it is necessary to have sufficient reasons and evidence for dismissal.

After all, if the employee does not agree with the reason, he can appeal the decision in court. That is why, in order to avoid dealing with legal red tape, employers often ask an employee to resign of his own free will.

It is impossible to dismiss an employee at the initiative of the employer (except for bankruptcy or liquidation of the organization) during his sick leave or during vacation

(

Article 81 part 6 of the Labor Code of the Russian Federation

)

The Labor Code limits the appointment of testing for certain groups of people.

This list includes:

Graduated from a university and are getting a job in their specialty for the first time;
Minors;
Employees working under a short-term contract (no more than 2 months).

The dismissal of an employee is carried out on the basis of an order from the manager, with reference to Article 77 of the Labor Code of the Russian Federation.

On the last working day, the work certificate is handed over to the dismissed employee personally against signature.

If an employee falls ill while on probation, he has the legal right to issue sick leave. It is impossible to dismiss an employee during this period of time, even if further cooperation is not planned.

So, you are not satisfied with the employee’s work and decide to terminate the employment contract during the probationary period.

How to fire an employee who has not passed the background check?

Labor law prohibits you from dismissing an intern verbally; you must provide documented evidence of the results of the work.

How to fire a person who has not completed the probationary period? Dismissal at the initiative of the employer will occur legally if unsatisfactory performance of duties is confirmed by the following documents:

individual assignments and personal internship plan of the candidate;
acts of non-fulfillment of job descriptions;
employee reports;
written reprimand;
complaints from colleagues and clients.

Based on this data, a notice of dismissal during the probationary period is generated.

IMPORTANT! The intern must be aware of all complaints and reports received against him.

Can you be fired during a probationary period? They can, but the employee has the right to refuse to sign the document if he does not agree with its contents. In this case, an act of refusal is drawn up with 2 witnesses.

Most often, the “trial period” ends with dismissal due to systematic disciplinary violations (absenteeism, tardiness) and insufficient qualifications of the subject.

If a person is on a probationary period, how to fire him without litigation, the Labor Code of the Russian Federation will help.

IMPORTANT: A notice of dismissal of an employee during a probationary period at the initiative of the employer must contain references to all documented facts of violations and poor quality work.

When dismissing an employee who has not completed the probationary period, the employer is obliged to pay the amount on the day of termination of the contract. The final settlement includes payment of unpaid wages and compensation for unused vacation by the employee.

After a decision is made to dismiss an employee as having failed to complete the probationary period, an order for dismissal is signed as someone who has not completed the probationary period.

An entry in the employment contract about the termination of the contract is made by a specialist from the personnel department, certified with his own signature and seal of the organization.

Be sure to indicate in the entry the article of dismissal (did not complete the probationary period) and the document that served as the basis for dismissal!

The employee must sign the work book as a sign of familiarization, as well as in the journal for recording the issuance of work books when it is issued.

An employer may justifiably dismiss an employee by giving him prior notice at any time during the probationary period. Afterwards, there is no point in thinking about how to fire before the end of the probationary period, because as soon as the period is over, the trainee automatically becomes part of the organization’s staff.

According to the Labor Code of the Russian Federation, an employer cannot now fire a specialist for unsatisfactory test results, because the work is assessed by other criteria.

As you can see, the procedure for dismissing an employee during a probationary period is quite simple. The article examined in detail how to fire during the probationary period and under what article to fire an employee who has not completed the probationary period. Guided by the information received, you will be able to protect yourself from lawsuits and raids by labor inspectors.

It is advisable to prepare the general testing procedure and the obligations of the parties with the help of a lawyer and include them in the internal labor regulations. The specific conditions of the test are prescribed in the employment contract.

It is possible to issue a local regulatory act that would describe the procedure for passing the probationary period - this is a regulatory legal act, the effect of which is limited within the framework of one or several organizations. The main thing is to remember that the document does not contradict the requirements of the Labor Code.

A good option is to draw up an individual employee work plan for this period and record its results (planned and actual). This plan must completely coincide with the job description, and your new employee must be familiarized with it upon signature.

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