Everything about dismissal during a probationary period at the initiative of the employee: sample application, work-out and other information

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If a person leaves work of his own free will, he should notify management about this no later than 14 calendar days before the settlement date. These requirements are prescribed in Article 77 of the Labor Code. But they apply only to those subordinates who leave on their own initiative. But whether a citizen is entitled to work during a probationary period upon dismissal, and under what circumstances, we will find out in the article below.

Dismissal during a probationary period at the initiative of the employee

The test presented to the worker gives the opportunity to delve into the essence of the organization’s activities and study the conditions and routines established in it. Based on the results, a person can conclude whether this organization is suitable for him or not. If the time allotted for the test expires and the person wishes to continue working at the enterprise, then he can continue to work, in which case the grounds of a general nature will apply. The main thing is that the administration has no complaints.

If the job does not suit the person according to any criteria, then dismissal will be made, which occurs during the probationary period at the initiative of the employee. It is worth mentioning that the worker cannot simply stop performing his duties on the same day he submitted the application. The employer must be notified of the changes taking place, that is, it will need to be informed in advance that the person has decided to terminate the employment relationship. Article 71 of the Labor Code of the Russian Federation stipulates that be notified in writing .

The dismissal of an employee on a probationary period, on his initiative, is carried out by means of an application. It must be submitted 3 days before the date on which the employment relationship will be terminated.

The legislation does not provide for special rules regarding writing an application, that is, it is written in free form. However, it is worth remembering that the reason and date of termination of the employment relationship are indicated. As a rule, the employee writes at his own request as a reason.

Important! The worker should not write specific reasons that prompted him to quit. Despite the fact that the leader will insist on its announcement, it is voiced if the person wishes.

Workers are interested in the procedure for terminating employment relationships during a probationary period if they are on sick leave. It should be noted that dismissal under such circumstances is prohibited at the initiative of the administration. When the termination of the employment relationship is carried out at the will of the employee, there are no obstacles to this.

When the employment relationship is terminated on the initiative of the worker before he has begun to perform his duties, that is, a proper contract was concluded, but the person changed his mind about working here. The contract is liquidated and an order is issued. You will not need to collect any other papers.

If a person is on a probationary period, he has the right to terminate the employment relationship at will; management cannot restrict such a right. The day on which the employee's letter was written will be considered the date of termination of the working relationship.

On the last working day, a person receives a document reflecting his work activity and full payment. This rule is prescribed in law.

Is it possible to quit on the day you submit your application?

According to Art. 80 of the Labor Code of the Russian Federation, working off comes into force for all employees who quit of their own free will, except for the following cases:

• Pensioners (60 years old for women, and 65 years old for men);
• Military personnel on contract or military service;
• Full-time students.

For the listed categories, mandatory two-week or three-day (for trainees) work cannot be applied by law. Ordinary citizens can avoid overtime work by leaving the enterprise on the day of writing the application only using the following two options:

• Agree on the cancellation of work with management (in most cases, employers meet their former employees halfway and do not insist that they comply with Article 80 of the Labor Code of the Russian Federation);
• Identify and prove violations of the employment contract by management (under such circumstances, Article 80 of the Labor Code of the Russian Federation does not come into force).

Advice! If none of the above methods helped you, then you can try to quit during the probationary period on the day you write the application, citing the fact that the employer is limiting your freedom. After all, this is a direct violation of the Constitution of the Russian Federation, for which very serious responsibility is provided.

Work upon dismissal during a probationary period

As noted above, it is necessary to notify the employer that a decision has been made to resign. Work in this case is represented by three days, which are given to the employee to write an application. That is, it must be written three days before dismissal.

The employer cannot stipulate any other period during which the employee will have to work. Duration is calculated in calendar days. This means that a person can submit an application on Thursday, after which he can return to work only on Friday, and thus the dismissal procedure will be completed in this case.

How to avoid detention?

1. A citizen who resigns during a probationary period can avoid service by personal agreement with the employer. It is advisable to propose such an agreement if the manager does not have clearly substantiated reasons for terminating the contract. In this case, there is a high probability that the director will agree, since the employee’s voluntary consent to leave will be documented. If legal proceedings arise regarding the illegality of dismissal, this agreement will work in favor of the defendant (company).
2. It is possible to avoid working time by taking out sick leave. Sick days are counted in a three-day period. There is no need to work after the sheet is closed; the employee is considered dismissed.
3. If an employee has valid reasons for dismissal, you need to talk about them. For example, he urgently goes into the army, although he had no intention of getting a job, or undergoes treatment that cannot be postponed, and does not want to take out sick leave.

In the absence of legal grounds and the consent of the employer, the employee will still have to be released from work before the three-day period. Otherwise, the company may file a disciplinary violation and dismiss the employee under the article, and not at his own request. This is disadvantageous for the employee, since it will negatively affect his future career.

Dismissal of an employee during a probationary period is considered a simplified procedure, but has its own characteristics. One party must notify the other of termination of the contract at least 3 days in advance. In this case, the employer is obliged to indicate the grounds for his decision . The working period is shortened in comparison with the standard dismissal procedure: it is not 2 weeks, but only 3 days.

How to quit during a probationary period without working out

The law stipulates that leaving work at your own request can only be done after writing a corresponding statement. It is indicated that it is written in advance. That is, the time that will pass from the moment it is submitted until the termination of the employment relationship will be actual work.

In practice, the question often comes up: is it possible to quit without working, answering this question, it is worth noting that there is only one possible option in this case. Namely, if the second party to the employment agreement gives its consent to this. That is, management has the opportunity to fire without working days.

Most often, the employer agrees to a meeting in this case, because he realizes that the employee who intends to leave the enterprise will not perform his duties well. Therefore, the organization does not need such workers.

If no compromise was reached, the employee will have to go to work. If he decides not to attend the workplace anymore, he risks receiving smaller payments, since fines for absenteeism will be withheld from him. In addition, the following information will be entered into the book containing information about work activities.

Statement

There are no legal requirements for filling out a resignation letter; any form of resignation is acceptable. The document contains information:

1. Business name.
2. Full name of the manager or other authorized person.
3. Full name and position of the applicant.
4. Statement of the request to dismiss at one's own request.
5. Next, the date of termination of the contract is indicated, which is calculated from the next day after writing and registering the application by adding 3 days. For example, an application is submitted on Monday, March 1, and the dismissal date will be March 4, Thursday. On March 5, the employee may not go to work.
6. Indication of good reasons for resigning early.
7. Date of completion and signature of the employee.

If there will be no work or an agreement with the employer is planned, the date of dismissal may not be included in the application. Only the day the paper was filled out is indicated.

Sometimes organizations have their own forms, so it is recommended to contact the HR department before filling out the document. The application must be submitted no later than 3 days before the date of dismissal.

• When sending a document in person, it is advisable to prepare it in 2 copies, both of which are registered by the receiving person. One of the papers remains with the employee. He also has the right to demand in writing the provision of other working documentation (order, act of violations, etc.).
• The application is sent by registered mail with notification. In this case, it is not advisable to set a date of departure, since the countdown of three days will begin when the employer receives the document.

The procedure for dismissal during the probationary period (nuances)

The procedure for dismissal during a probationary period has its own distinctive features.

In the event that the specified period has already expired, and management cannot determine whether to hire such an employee or not, then the probationary period may be increased. This is due to the fact that the initially concluded contract specifies the period during which the test will take place, so at the end of it a decision will have to be made.

There are situations when, during the probationary period, the work of the entire enterprise is suspended. There may be several reasons for this, in particular factors of a force majeure nature, economic or technological. After the specified circumstances are eliminated, the period will continue. It doesn’t matter that his own term has already expired.

Among other things, it is worth remembering that during the period during which the test occurs, the employee’s right to leave is included. It is calculated according to a formula that states that two days of rest are accrued in one month. This means that when the calculation is made, payment for unused vacation days must be included.

Let's sum it up

If, while working under an employment contract containing a probationary period clause, an employee comes to the conclusion that he wants to quit, he has the right to write a statement requesting his dismissal on his own initiative.

The employer does not have the right to refuse to satisfy a subordinate’s request; the main thing is that it is expressed in writing and delivered to the head of the enterprise 3 days before the expected date of termination of the working relationship. Moreover, if the parties do not come to an agreement on the immediate termination of the employment contract, the employee has the right to change his mind within three days and withdraw his resignation letter.

Features of dismissal during the probationary period

The law stipulates that during the period during which the probation period is in effect, you can resign only at your own request in only two situations. So, while on vacation or sick leave, a person can write a statement and be considered dismissed from the date indicated in it. A sample application can be downloaded from the Internet or taken from the employer. In this situation, management cannot make a decision on dismissal.

If an employee hopes that due to sick leave there will be a reduction in the period established for the test, he is mistaken. It will stop during the illness. The rule is that those days that a person spent away from the workplace are not included in the probationary period. When the person goes to work, they will be added to those that need to be worked out in the organization.

When can an employee not work?

There are exceptions to the above examples when, due to certain circumstances, the employee does not need to perform his duties for the last 3 days before dismissal. This happens if at this time the employee:

• Sick;
• Is on vacation;
• He took the days off he was entitled to for donating blood.

However, this rule applies only if the employee wrote a statement of his own free will, since it is impossible to terminate the contract during these periods at the initiative of the employer.

In addition, there are cases when working out is not required based on the provisions of the Labor Code of the Russian Federation:

• Dismissal for health reasons due to the inability to continue working under existing conditions;
• Change of place of residence due to the transfer of a military spouse to another area;
• Dismissal to care for a seriously ill close relative;
• Employee pregnancy;
• Admission to a university makes it impossible to continue working;
• If the employee is raising a child under 14 years of age alone.

In all other cases, the rule of notice of dismissal, which was described above, applies.

A step-by-step description of the procedure for dismissal during a probationary period at the initiative of the employee

When an employee decides that he no longer wants to work for a given company, he will need:

1. Write a statement notifying the employer of your resignation. It is written at least three days before dismissal. The specified days will be considered as working off. As already mentioned above, it is calculated based on calendar days, and not on working days.
2. Next, the employer issues an order that the employment relationship will be terminated.
3. On the day of dismissal, the employee receives the required payments. They include salary and payment for unused vacation days.
4. Then the corresponding entry in the work book is made, and it is handed out.

Reasons for dismissal during the probationary period

The law does not limit in any way the possibilities for terminating the relationship between the company and the employee during the probationary period. As with other conditions of employment relations, dismissal can occur:

• At the initiative of the employee;
• By agreement between the participants in the labor relationship;
• At the initiative of the employer.

Often, separation occurs when the candidate did not meet the employer's expectations and, as a result, failed the test. This dismissal option also falls into the category of those carried out at the initiative of the employer (read more here: dismissal during a probationary period).

General information that an employee should know when leaving in such a situation

Currently, probation is used quite often. This is due to the fact that the parties to the contract are looking closely at each other during this time. The company's management needs it to a greater extent, since they need to understand how reliable the applicant for the position is. If the employee proves himself to be bad, he can be fired without waiting for the end of the concluded agreement.

In addition, the employee also has the opportunity to assess the conditions available for work at the enterprise. If you are not satisfied with anything, then there will be an opportunity to resign on simplified grounds. The head of the organization will not have any rights to deny this right.

The simplification of the procedure compared to the standard process is that much less paperwork will be required.

The probationary period is prescribed in the legislation regulating labor relations. The maximum period is considered to be six months, since it cannot be established for a longer period. However, this maximum is set for those who wish to occupy a leadership position; for other categories it is equal to three months.

Legality of assigning work

A two-week working period upon dismissal is provided for by the Labor Code as a penalty for termination of a contract. Therefore, both the employee and the manager must comply with it. But depending on the circumstances of the subordinate’s removal, responsibility for ignoring the technical regulations may be assigned to:

• An employee of the enterprise - when leaving at his own request;
• Bosses - when a citizen is dismissed at the initiative of the employer.

That is, if a person decides to leave his position due to personal circumstances, then the Labor Code of the Russian Federation obliges him to work for the period established by law for early termination of the contract or to pay material compensation to the enterprise.

It is important to know! But if a subordinate is removed from his duties at the request of management, the detention cannot come into force. Moreover, this also applies to people on a probationary period, with the difference that for them the duration of work after submitting an application for payment is three days instead of two weeks.

Preparation of documents

If an employee decides to quit, deciding that this place is not suitable for him, then he has the right to terminate his employment relationship with the organization, on his own initiative, notifying his management in advance. He needs to submit a letter of resignation of his own free will. At the moment, the law does not provide a standard form for this document. Therefore, it can be compiled in free form and transmitted in any way, including regular mail. The application must contain the following:

• grounds for dismissal (in this case, at will);
• date of dismissal;
• cause;
• signature.

For example, the reason can be stated that the position held does not correspond to experience and qualifications. Also, dismissal at the initiative of an employee is possible during sick leave.

If an employee has not had time to start working and reports that he does not want to start it because he is not satisfied with certain conditions, then the employment agreement with him can simply be cancelled. An appropriate order is made for the company and no notes are made in the work book.

Description of the procedure

The procedure for terminating an employment relationship consists of several stages established by law. The following step-by-step instructions will help you navigate the dismissal process:

1. The employee submits the notification to his supervisor or directly to the HR department to the responsible employee. It is recommended to make a copy of the document, which will bear a mark indicating its acceptance for consideration by the relevant specialist of the enterprise.
2. The application is registered in a journal maintained by an authorized personnel employee.
3. The manager reviews the application.
4. The personnel department, having received back the document with the manager’s mark, prepares an order (form T-8) to terminate the employment relationship.
5. Accounting, on the basis of the order, makes the final calculation of wages.
6. On the day of dismissal, a final calculation of funds earned at the enterprise and personal documents are issued.

If, due to circumstances, issuing documents in person is impossible, the enterprise administration sends the employee a letter reminding them of the need to pick up documents and settlement money.

Procedure and conditions for assigning a probationary period

The probationary period allows the employer to evaluate how suitable the employee is for him in terms of qualifications, knowledge, business and personal parameters.
In turn, during this time period the employee can evaluate how well the company he joined and the job functions performed meet his expectations. The probationary period for various categories of workers is limited to the maximum periods:

The condition for appointing a test is included in the employment contract, and its duration is indicated in the employment order. There is a list of persons who cannot be tested:

• Elected to the position following a competition;
• Women expecting a child, as well as those with children under 1.5 years of age;
• Minors;
• Those getting a job in their field for the first time, within a year after graduating from an accredited higher or secondary specialized educational institution;
• Transferred from another employer;
• Hired for a period of up to 2 months;
• Employed after successful training with the same employer.

The inclusion of a probationary clause with such citizens in an employment contract is illegal and cannot be applied. It will be impossible to fire them for unsatisfactory results.

In addition, during the probationary period, an employee is prohibited from setting a salary lower than that of long-serving colleagues. However, the law does not prohibit regulating this issue through a bonus system. In practice, most companies set a smaller bonus for probationers or do not assign it at all.