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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?

Probation 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 employees with the requirements that the employer imposes on its employees in general and on 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 can also be set for an employee who has already worked for some time in this enterprise, if he applies 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 who, according to labor law It is generally forbidden to set 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 of labor legislation.

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 ill - that is, he was actually absent from the workplace, albeit good reason These days do not count towards the trial 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. An appropriate entry is made in the work book, 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 necessarily contain a reference to Article 71 of the Labor Code - on dismissal due to the fact that the employee failed 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 labor discipline it 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 this issue will be on the side of the employer.

Dismissal based on the results of a probationary period, the employer may not coordinate with the 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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Experts recommend that even if a person at first glance is ideally suited for any position, conclude an employment contract with him with a probationary period. In this case, it will be possible to evaluate professional quality and terminate the contract if it does not suit the employer. Next, let's take a closer look at what constitutes a probationary period for an employee.

General information

The Labor Code with comments to the articles quite clearly regulates the procedure for registering a person for a particular position. Recruitment is often a lengthy process. Typically, hiring is based on the results of an interview. Often, when hiring, he is offered professional tests.

However, even the most careful selection of personnel does not eliminate the risk to the employer. The new person may be insufficiently qualified or disciplined as a result. To assess how he meets the requirements of the enterprise, it is advisable to establish a probationary period for the employee. To implement this, it is necessary not only to stipulate, but legally correctly draw up an agreement. The Labor Code with comments to the articles establishes legal framework employment under such conditions. However, you need to know some nuances in order to avoid mistakes in practice.

Principles for establishing a probationary period at work

As mentioned above, this period is necessary to check the professional and some personal qualities of a person. Employment in this case is subject to a number of conditions. These include, in particular:

• A probationary period is established for hired people who have not previously held any position in the enterprise. For example, this applies to cases when a specialist is transferred to a higher position or to another department.
• The probationary period is established before the moment a person begins to perform his duties. This means that an appropriate agreement must be drawn up at the enterprise before starting activities. It is a contract for a trial period (a separate annex) or these conditions fit into the general contract. Otherwise, this agreement has no legal force.

It should be noted that the condition on the application of the probationary period must be present not only directly in the contract of employment, but also in the order for enrolling a person in the state. At the same time, the future employee must confirm with his signature the fact of familiarization and agreement with these facts. It is not necessary to put a mark on the appointment of a probationary period in the work book.

Legal registration

As stated in the Labor Code, the probationary period is applied only in accordance with the agreement of the parties. Terms of registration must be documented. The main document is an employment contract with a trial period. If the conditions are fixed only in the order, then this is considered a violation of the law. In this case, the judicial authority recognizes the conditions for the appointment of the test as invalid.

In addition to the main contract and order, the procedure for registering an employee can be reflected directly in his application for a request for appointment to a particular position. It should be said that the duties of the employer include not only legally competent execution of the contract and other documents, but also familiarization of the future employee with labor duties, rules internal regulations at the enterprise, job description. This fact the employee certifies with his signature. This is of particular importance if the person has not passed the probationary period. If the employer is forced to dismiss an employee who has not endured the established period, the fact of his familiarization with the duties is used to confirm his inadequacy for the assigned position.

Alternative option

Quite often, instead of an open-ended contract with a trial period, employers enter into a fixed-term agreement. In their opinion, such a design of an employee greatly simplifies the situation when a person has not coped with the tasks set and should be fired. The term of the fixed-term contract will end, and the employee will leave on his own. However, the law provides certain conditions entering into such an agreement. Thus, according to Article 58 of the Labor Code, the execution of a fixed-term contract in order to evade the provision of guarantees and rights provided for employees for whom an open-ended contract should be used is prohibited. Compliance with these conditions is recommended to pay special attention to the courts in the investigation of violations.

Decree of the Plenum of the Supreme Court (Supreme Court) No. 63 (dated December 28, 2006), paragraph 13

If, during the consideration of a dispute on the legality of drawing up a fixed-term agreement, it is revealed that it was concluded by an employee involuntarily, then the court applies the rules of the contract for an indefinite period. If a person applied to a legal authority or to the relevant inspection, then the contract may be recognized as concluded for an indefinite period. In this case, no probationary period is assigned. During the probationary period, a person is subject to the relevant provisions of the legislation and other acts, which contain the norms of the established law, collective agreement, contract, local documents.

Salary

It is considered a violation of the law to establish a lower remuneration for an employee's activities for the period of probation in an employment contract. The norms do not provide that the salary of a specialist in this case is different. In the event of a conflict situation, the employee has the right to receive underpayment in court. On the part of the employer, this moment can be decided different ways. In particular, when drawing up an employment contract, the amount of payment for the trial period is indicated as permanent. At the end of the period, an additional agreement is signed with the specialist, which establishes an increase in payment. Also, the company may adopt a provision on bonuses. The size of these additional payments can be set according to seniority.

Dismissal procedure

During the probationary period, the employee is also subject to guarantees and norms related to the grounds for the employer to refuse the employee's services on his own initiative. They are provided for in Article 81. An employment contract cannot include additional grounds that are not established by law. These, for example, include reasons for "expediency" or "at the discretion of management." These terms are often found in contracts. However, they do not comply with the law.

Vacation

The probationary period is included in the length of service of the employee. It gives the right to basic annual paid leave. In the event of dismissal during the probationary period or after its completion, despite the fact that the person did not fulfill his duties at the enterprise for six months, he has the right to compensation for unused vacation period. It is appointed in proportion to the period of his stay at the enterprise as an employee.

Special cases

When drawing up an employment contract, you need to know that the law excludes the possibility of applying a probationary period to a number of categories of persons. These include:

• Elected by competition for filling a particular position, held in accordance with the law or by other regulations okay.
• Women who are pregnant or have dependent children under one and a half years old.
• Persons under 18 years of age.
• Invited to work in the order of transfer from another employer as agreed between the management of enterprises.
• Persons applying for work under a contract for a period of less than two months and others.

Period duration

A trial period of 3 months is established in general cases. For managers, chief accountants and their deputies, directors of representative offices, branches and other structural separate subdivisions- six months, unless otherwise provided the federal law. When drawing up an employment contract for 3-6 months, the probationary period is no more than two weeks.

This period does not include the days when the employee was actually absent from the enterprise. This may be temporary disability due to illness, for example. In practice, employers often resort to extending the probation period specified in the contract. These actions are against the law. If at the end of the term the employer has not decided to dismiss, the employee is considered to have passed the test. In some cases, a longer period is provided. It is regulated by Art. 27 of the Federal Law No. 79 and applies to civil servants.

End of probation

Often, after the expiration of the period, the employee continues to work in the enterprise. In this case, he is considered to have passed the test, and further termination of the employment contract is carried out on a general basis. If the employer believes that the person does not correspond to the position, then additional paperwork is not required. In other words, the employee continues to work on a common basis.

Article 71

In the event of an unsatisfactory test result, the tenant has the right to terminate the contract before its expiration. At the same time, he should warn the employee about this three days before the termination of the contract. The warning should contain reasons why the employer admits that the person is not suitable for the position and has not passed the test. The employee may appeal this decision in court. In the event of an unsatisfactory result, the termination of the contract is carried out without taking into account the opinion of the trade union body and without paying severance pay. If the employer decides to fire a new employee, then in this case it is necessary to follow a certain procedure and draw up the relevant documents. In particular, a notification of an unsatisfactory result is drawn up. It must be in two copies - for the employee and the head. The document is handed over to the employee for signature.

Actions of the employer in case of refusal to accept the notification

The employee may refuse to accept the paper. In this case, the employer must take certain actions. In particular, an appropriate act is drawn up in the presence of several employees of the enterprise. Employees-witnesses confirm with their signatures the fact of delivery of the document, refusal to accept it. A copy of the notice may be mailed to home address worker. Sending is carried out by registered mail. It must also be with acknowledgment of receipt.

In this case, it is very important to observe the deadline set in article 71: the letter with the notice of dismissal must fall into Postal office no later than three days before the completion of the test assigned to the employee. The date of departure is determined by the stamp on the receipt and the return receipt returned to the employer. The termination document must contain all necessary signs: date and outgoing number, signature authorized person, an imprint of the seal, which is intended for the design of such papers.

Legally correct wording of the reasons for dismissal

It should be based on documents that confirm the validity of the decision made by the employer. As shows arbitrage practice, in the process of considering dismissal disputes due to an unsatisfactory test result, the employer is required to confirm the fact that the employee does not fit the position. To do this, moments should be recorded when a person did not cope with the task or committed other violations (for example, job descriptions, internal regulations, etc.).

These circumstances must be documented (recorded), if possible, indicating the reasons. At the same time, a written explanation of his actions should be required from the employee. Experts believe that upon dismissal under article 71, it is necessary to provide evidence of the employee's professional incompatibility with the position held. If he violates internal discipline (he skipped or in some other way showed a negligent attitude towards the activities of the enterprise), then he should be dismissed under the relevant paragraph of Article 81. The documents by which the employer confirms the validity of the dismissal may be:

• Discipline Act.
• A document confirming the non-compliance of the quality of work with the requirements and standards of production and time accepted at the enterprise.
• Explanatory notes of an employee on the reasons for non-fulfillment of tasks.
• Written customer complaints.

Evaluation of business qualities

It is directly dependent on the specifics and scope of the enterprise. Based on this, conclusions about the results of the test can be based on various data. For example, in the field of production, in which the subject (product) acts as the result of the activity, it is possible to determine the level of quality quite clearly. If the enterprise is engaged in the provision of services, then the assessment business qualities employee is carried out in accordance with the number of customer claims.

Certain difficulties are present in the field of intellectual activity. In this case, to evaluate the results, the quality of the execution of instructions, compliance with the established deadlines, the execution of the total volume of tasks, and compliance with professional qualification standards are recorded. The immediate supervisor of the new employee is responsible for preparing and sending these documents. The procedure for dismissing an employee, therefore, requires a certain formalism from the employer. However, the employee may legally appeal the decision in any case.

Employee's right to terminate the contract

An employee can use it if during the test he realizes that the proposed activity does not suit him. He must notify management of his decision three days in advance. The notice must be in writing. This rule is of particular importance for the employee. This is due to the fact that potential employers would like to know the reasons why the applicant quit so quickly from the previous enterprise.

Finally

Legislation quite precisely defines the conditions under which the application of a probationary period is allowed. Due to the fact that often a new employee is considered, within the framework of these relations, to be a party without social protection, then the rules of law establish certain guarantees for it. At the same time, the procedure for dismissing an employee due to an unsatisfactory result of the probationary period is quite formalized. The legislation defines the right of an employee to appeal against the decision of the management of the enterprise in court.

In such cases executive agency will carry out a thorough check of the legality of establishing a probationary period, legal literacy of the necessary documentation. Of no small importance will be the compliance by the management of the enterprise with all legal aspects within these relationships. Based on this, both the employer and the applicant himself have the right to personally determine the appropriateness of the application and the conditions for passing the probationary period at the enterprise. As practice shows, cases of conflict situations are less common where the selection is carried out based on the results of several stages of the interview.

The duration of the probationary period is regulated by the Legislation and is:

Article about dismissal own will on probation in the Labor Code of the Russian Federation is at number 71. At the same time, in accordance with part 4 of article 71 of the Labor Code, the employee is obliged to notify the authorities in writing of his departure in advance. Many are interested in the question: is the period of working out on a trial period - 3 calendar or working days? Let's find out below.

Article 71

In case of an unsatisfactory test result, the employer has the right to terminate the employment contract with the employee before the expiration of the test period, notifying him in writing no later than three days in advance, indicating the reasons that served as the basis for recognizing this employee as not having passed the test. The employee has the right to appeal against the decision of the employer in court.

If the result of the test is unsatisfactory, the termination of the employment contract is carried out without taking into account the opinion of the relevant trade union body and without paying severance pay.

If the probation period has expired, and the employee continues to work, then he is considered to have passed the probation and the subsequent termination of the employment contract is allowed only on a general basis.

If during the trial period the employee comes to the conclusion that the job offered to him is not suitable for him, then he has the right to terminate the employment contract at his own request, notifying the employer in writing three days in advance.

On the day of dismissal work book employee, a record of dismissal is made, and the book itself is issued to the employee, in accordance with Article 77 of the Labor Code. Full settlement with the employee is also made on the last day of his work.

Is it possible to quit on probation in one day?

IMPORTANT! Yes, but only if the employee has not yet started job duties but wants to quit. In this case, the concluded contract is canceled in one day. At the same time, no entries will be made in the work book, and the cancellation of the contract is confirmed by the relevant Order of the management, in accordance with the year.

How to quit on probation at your own request, read below.

Application for dismissal during the probationary period at the initiative of the employee

Dismissal before the end of the probationary period at the initiative of the employee is possible, but for this he must notify his superiors in advance of own care by writing a statement. There is no unified form for its preparation, however, the employee must indicate certain data in the document:

1. Full name of the person in whose name the application is being made (as a rule, the application is written in the name of the director of the enterprise or the person currently acting in his capacity).
2. Own full name and job title.
3. Indicate its name in the "header" of the document.
4. Submit a request for resignation of your choice.
5. Put a signature.

The application can indicate the reason for dismissal, for example, relocation or the need to care for a child. But, this is not mandatory, that is, the employee is not required to specify the reason for the break. labor relations.

IMPORTANT! The application must indicate a certain date - the day the employee terminates duties or the day the document is drawn up, if the specific date of dismissal is not specified.

The employee must notify the authorities about his departure no later than 3 days before.

At the same time, this period also includes non-working days, which is regulated by articles numbered 14 and 71 of the Labor Code. If the day of dismissal is not working (for example, falls on a weekend or holiday), then the date of termination of the employment relationship is considered the first working day after the day off.

Article 14. Calculation of terms

The period of time with which this Code relates the occurrence labor rights and obligations, begins from the calendar date, which determines the beginning of the occurrence said rights and responsibilities.

The period with which this Code relates the termination of labor rights and obligations begins on the day following the calendar date on which the termination of labor relations is determined.

Terms calculated in years, months, weeks expire on the corresponding day of the last year, month or week of the term. The period calculated in calendar weeks or days includes non-working days.

If the last day of the term falls on a non-working day, the expiration date of the term shall be the next working day following it.

The employer does not have the right to postpone the day of dismissal indicated by the employee. It is important to know that the consent of the manager to dismiss the employee is not required.

Working off

Do I need to work 2 weeks on probation upon dismissal? The period of working off on a probationary period upon dismissal of one's own free will is only 3 days. Working off begins on the day following the one when the management received an application from the employee asking for dismissal on own initiative.

If the employer requires an employee to work for two weeks, then the employee may refuse it, since this requirement is contrary to the Legislation.

Is it possible to quit without working during the probationary period? If an employee wants to leave without three days of work, then this can be done in two ways.

1. Negotiate with the employer. If the manager agrees with the departure of the employee, then he can release him without mandatory working off, that is, dismiss him immediately.
2. Go on sick leave. The days during which the employee is unable to work are counted as working off.

The dismissal of an employee on his own initiative during the probationary period is carried out in a simplified manner. As a rule, there are no difficulties with the procedure if the employee notifies management of his decision within the appropriate period. Now you know everything about being fired during a probationary period of your own free will.

Consider a video on this topic:

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.

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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. Labor Code RF, 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, if 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:

Employee initiative

There are also cases where an employee own decision leaves the post.

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:

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 a fever, 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.

A replacement for leadership positions is sought during the working off of a 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, a counting act is drawn up material assets, in which the commodity property is outweighed, measured, the initial number 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 work book

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):

Trial period is a handy tool preliminary evaluation. The employer gets the opportunity to check the selected employee, his professional and personal qualities. And the applicant will have time to take a closer look at the new place: the conditions, the team and the availability of further prospects.

In order for the trial period to be productive and not cause disputes, the parties must discuss the conditions for passing and registration issues.

What is a probationary period under the Labor Code of the Russian Federation

The regulatory framework for passing the test is two articles of the Labor Code:

1. №70 - Testing for employment.
2. №71 - "The result of the test when applying for a job."

Legally, probation is the period during which an employer can dismiss an employee under a simplified scheme: there is no need to detain the employee for two weeks, plus the decision to dismiss does not need to be coordinated with the trade unions.

A citizen who is on probation can also be the initiator of early termination of cooperation. Both parties are required to give 3 days notice of their decision. In all other aspects, the passage of the trial period is no different from the normal workflow. The new staff has all the rights and obligations of a staff unit.

Design nuances

Sometimes job seekers mistakenly believe that the employer is guided only by verbal agreements. In fact, in order to have the benefit of a simplified termination, an organization has to complicate the process of hiring personnel:

• The employment contract must contain a special clause with a clear indication of the end date of the test.
• In addition, a Regulation is drawn up, which spells out the conditions for passing the probationary period, as well as specific criteria by which the candidate will be evaluated.
• The second copies of the documents are issued to the new employee. The signature of the employee is required, confirming that he was familiarized with job descriptions, regulations and internal rules.

Dismissal procedure

The company does not have the right to unjustifiably refuse an employee. All arguments are documented and pre-agreed in the Regulations.

During the verification period, it is desirable to keep a special log. It notes both positive and negative indicators of the candidate:

• implementation of plans;
• compliance with job instructions;
• facts of violation of discipline (for example, being late or smoking, if this is prohibited by internal regulations);
• conflict (complaints of colleagues), etc.

The employee has the right to be interested in the content of the book and ask clarifying questions to the curator.

If the employer decides to dismiss the test subject, a written notice must be prepared and served no later than 3 days before the deadline. The document must be accompanied by strong reasons for refusal (at least three):

• log entries;
• reports of immediate supervisors;
• acts of acceptance of works or goods;
• customer complaints, etc.

Within three days from the moment the employee gets acquainted with the notification, the enterprise issues a dismissal order and closes its block in the work book with the entry “due to unsatisfactory results”. At the same time, a reference to Article 71 of the Labor Code of the Russian Federation must be indicated.

On the last working day, the employee is given his labor and settlement. severance pay not paid (art. 71 part 2).

Legally, the listed actions are sufficient to remove all claims from the enterprise and prevent litigation.

How to avoid an unpleasant entry in the labor

The main advantage of a probationary period for an organization is the ability to quickly eliminate a negligent employee if it suffers manufacturing process. After all, it is not always possible to understand in advance whether a person is qualified enough for a particular position, even after a long and thorough interview.

In this regard, many applicants are afraid to agree to a trial period, thinking that this will ruin their work book. In fact, the record that the candidate failed the test appears only in extreme cases.

Practice shows that usually all disagreements are resolved peacefully. To do this, the parties stipulate the nuances in advance and fix them in the Regulations.

For example, if a candidate does not cope with his duties, the employer warns of his intention to fire him. It gives the employee the opportunity to get acquainted with the preliminary results within 24 hours and write a statement of his own free will. In this case, the labor office closes in the usual manner.

This state of affairs is beneficial to the entrepreneur himself, as it frees him from additional formalities.

Duration and extension

The end date of the test is clearly stated in the employment contract and has its limitations:

• The standard probationary period may be two weeks to three months.
• The employer has the right to set a longer time (up to six months) for chief accountants and senior positions.
• The review period may not exceed two weeks for employees hired on a temporary or fixed-term contract. If the contract is concluded for a period of less than two months, the test is not appointed at all.
• Civil servants, as well as persons appointed to responsible government vacancies, may be tested during the year.

Both the employer and the employee have the right to interrupt the process of passing the test ahead of schedule, after warning 3 days in advance. And here neither party can extend the trial(with the exception of situations when the subject went on sick leave).

There are times when an enterprise, having convinced itself of the value of an employee before due date, takes the initiative to cancel the trial. If the candidate does not object, an addition to the employment contract. If the deadline has come to an end, and no applications or notifications have been received, the person is automatically considered to be enrolled in the state on a permanent basis.

Who are not eligible to be tested

The most important condition of the probationary period is consent, given by the applicant. In addition, there are preferential categories:

• women in position or with children under 1.5 years old;
• minors;
• young professionals who have graduated educational establishments by profile and who proposed their candidacy in the first year after receiving a diploma;
• applicants who have passed the test of the competition;
• employees who entered the translation company;
• seasonal workers who have signed a contract for a period of up to 2 months.

The listed persons are not offered a probationary period. An exception is the employment of civil servants. In these cases, special categories may be assigned a verification period of up to three months.

Can I take sick leave?

According to the Labor Code of the Russian Federation, employees, regardless of whether they work for permanent basis or not, have all social rights. This also applies compensation payments for temporary disability.

Anyone can get sick. If such trouble happened during the probationary period, sick leave stays the same. On the first day, you must notify the management (you can call), see a doctor and open a sick leave.

On the last day of illness, you must issue a certificate properly:

• on a special hospital form;
• with the seals of a doctor and a medical institution;
• indicating the name of the enterprise and position (it is not necessary to mention the probationary period).

Upon returning to work, a person is given sick leave to the personnel or accounting department.

Compensation is calculated according to the minimum wage system or on the basis of salary certificates at previous jobs for the last two years.

If the candidate went on sick leave, the trial period is automatically extended by the number of days missed.

Can wages be lower?

During the test, the candidate cannot establish a pay less than that provided for a position in staffing . Pay cuts justified by "internship" are considered illegal.

If an employee fulfills his duties in full, in addition to his salary, he is also entitled to allowances and bonuses provided for by the enterprise (for example, for the implementation of the plan).

Variants are allowed when an additional agreement is signed with an employee, according to which he receives only a rate, but performs only part of his duties (while he is mastering new job). As the amount of work increases, so does the surcharge.

Does experience count?

According to Article No. 16 of the Code of the Russian Federation, an agreement must be concluded with an employee admitted to perform work at an enterprise. During the first five days, an appointment order is issued and an entry is made in the work book.

This also applies to new employees, in whose contract there is a clause on the passage of a probationary period. Articles 70 and 71 concern only special conditions for accelerated dismissal, but do not affect the infringement of human rights.

All test days are included in the total experience. The employer does not have the right to draw up a contract retroactively.

Whatever the final results of the probationary period, whether a person remains in the organization or not, he has the right to official employment and the use of all the rights provided for by the Labor Code of the Russian Federation.

Candidate test video

On the video - in detail how to properly set a trial period for a job seeker: