Dismissal at the initiative of the employee on probation. Dismissal on the initiative of the employer on probation

Employment with a probationary period is a common practice, creating comfortable conditions for assessing the abilities of the applicant. The employee, in turn, has the opportunity to inspect the new place and to understand if he is in a position to be in this company. The testing period is characterized by a simplified procedure of dismissal, without unnecessary formalities and long working off. At the same time, the rights of a new employee are protected by the law in the same way as when working on an ongoing basis.

Why is the probation period introduced?

Employees take on the position on the basis of his resume and a successful interview. Nevertheless, the quality of his work can not be judged, having exclusively provided information. A new employee may not be able to perform the duties assigned to him. To test the competence of the employees of the TC (Russia), there is a probationary period - during which the authorities can assess the skills of the employee, and he - decide whether to stay in the new location.

Such a stage is optional and is established only with the consent of both parties. To introduce the probationary period, it is necessary to include the corresponding item in the employment contract. In the same place the rights and duties of the employee during the verification period are specified. Dismissal during the probation period occurs under a simplified procedure, regardless of which party was the originator of the termination of the employment agreement.

How long does the testing phase take?

The length of the trial period is determined by employers. According to the TC, the trial period can last no longer than three months. A longer period is envisaged for candidates for those positions that require a high level of qualification - the management team. It can be up to six months.

According to the TC (Russia), the trial period is not imposed for the following persons:

• Minors;
• Pregnant women;
• Mothers with children under one and a half years;
• Graduates of higher educational institutions, who for the first time want to receive a post in the specialty not later than a year after the acquisition of the corresponding degree;
• Employees whose term of work does not exceed two months;
• Specialists who are transferred from one position to another within the boundaries of the enterprise or to another workplace by agreement of employers.

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

Unregistered employees

Often companies accept hired workers without formal clearance. In such cases, the contract is not drawn up, and the corresponding record is not left in the work record book. State bodies are not notified of the activities of such a person, and therefore during his work the authorities are not obliged to comply with formal rules and draw up papers. In these cases, work is not being used on probation, dismissal is by a simplified procedure - without formal justification and mandatory work-out.

If the parties decide to sign a labor contract after the person has started to perform duties in his office, a probationary period can not be appointed.

Vacation and sick leave

Employees during the verification period have the same rights as other employees. Thus, they can take a sick leave. The dismissal of an employee on probation during illness is prohibited by the laws of the Russian Federation, therefore the employer can interrupt the employment contract only upon the return of the person. If the trial period ends during the absence of a newcomer in the workplace, this does not deprive the superiors of the right to dismiss him.

The employer can extend the verification period only at the expense of days during which the employee was not present at the workplace. This rule is not mandatory and is valid only if the manager wishes.

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

Dismissal on the initiative of an employee on probation

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

Dismissal on the initiative of the employee on probation is made on the basis of the application he has drawn up. The document must be given to the administration three days before the termination of the employment agreement. The employee does not have to motivate his dismissal.

Execution of documents

To leave at will, you must apply for dismissal. The probationary period does not necessarily have to end. The document is made in an arbitrary form. When registering an application, you must indicate the name of the employer, the employee being dismissed, the date of writing and the alleged withdrawal (not earlier than three days after the paper was filed). The reason for dismissal can be any - the reluctance to continue working in this company is already considered a valid reason for care.

Dismissal at the request of the tenant

The employer has the right to terminate the contract if he is dissatisfied with the new employee. This can be done both during the verification period and at its end. Dismissal during the trial period should be justified by good reasons, confirm with evidence that the employee is not able to cope with his duties. If the employee does not agree with the employer's decision, he may appeal the dismissal order in court and be reinstated in his position. If a person does not want to return to the workplace, he has the right to demand changes in the reason for dismissal in court, since this can negatively affect his future employment. To avoid such an outcome, employers often propose to write a statement allegedly at their own will.

Reasons for termination of the contract

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

• One or several absenteeism;
• Non-observance of the rules that should be known to the employee are specified in legislation or corporate norms;
• Evasion of duties after disciplinary punishment received, etc.

Justifications for dismissal during the verification period coincide with those that apply to ordinary employees. The employer is obliged to declare his intentions three days before the termination of the employment agreement or until the date when the probation period (according to the contract and the Labor Code of the Russian Federation) ends. Dismissal can be justified for any of the above reasons. A broader list can be found in the legislation of Russia.

Procedure for termination of the contract at the verification stage

Termination of the employment agreement on the initiative of the employer requires careful documentation. To begin with, it is necessary to formulate the reasons for dismissal and to check whether they are thorough, in accordance with the legislation of the Russian Federation.

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

Justifications for termination of the employment agreement should be indicated in the notification and registered in the journal. Then the document is given to the employee three days before the termination or termination of the trial period. On the arrival of the date specified in the notice, the employer must sign the corresponding order, register it in the journal and receive the signature of the employee.

Calculation of severance

After registration of the order, the employer must pay the person all the necessary amount. Dismissal on the initiative of the employee on probation also requires the transfer of these funds. Payments, which the employee receives in this case, are equal to those that are transferred to employees on an ongoing basis. This amount includes:

• wage;
• Compensation for sick leave;
• Compensation for unused rest.

Every employee has the right to 28 days of leave a year. However, dismissal during the probationary period occurs before the employee is entitled to a full rest. In this case, compensation is calculated in proportion to the period of its operation. If the company provides more days for rest, they are taken into account when calculating compensation. For some unused vacation days, the former employee receives an amount equal to his daily salary. The calculation is based on the following formula:

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

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

Working off

Upon termination of the contract, an ordinary employee must perform his duties for two weeks, if the employer so requires. During this time, he can find another person for the vacated position. The duration of additional work is different if there is a dismissal on probation. The test in this case lasts 3 days.

This principle applies when the employment contract is terminated during the verification period. If the termination of the contract on the initiative of the superiors or the employee occurs at the end of the probationary period, workout is not necessary.

A person can refuse additional days in cases when he:

• Is disabled, pregnant, retired, mother of three children or a child under 14;
• Has a disease that interferes with the performance of official duties;
• Cares for a disabled person or a sick family member;
• Was enrolled in inpatient education;
• Retires, etc.

If a person does not declare a desire to quit at the end of the probationary period and the next day went to work, he automatically becomes an employee on an ongoing basis. In such cases, the termination of the contract is carried out according to general rules, with a duration of two weeks.

Employment history

This is the last step in the termination of the contract, which occurs after the issuance of the order and the receipt of the employee's necessary payments. The dismissal during the trial period ends with the corresponding entry in the work record book. It should include the reason for the dismissal. If this happens at the initiative of the employer, then the "unsatisfactory result of the test" is indicated as a justification. If the employee has decided to leave the organization, then the reason can indicate your own desire. A photocopy of the work record must remain with the company in which the employee worked.