The procedure for registering dismissal during a probationary period. What the law says

Content

The term “probationary period” is familiar to everyone who has ever applied for a job - this is the employer’s legal right, over a certain period of time, to evaluate the professionalism and knowledge of a potential employee. The trial period lasts from three months to six months; the duration of the period is necessarily indicated in the employment contract; the employee must familiarize himself with all the details of the trial in advance. The employment record should not include information about the probationary period.

What is a probationary period according to the labor code?

In Russian legislation, all standards are spelled out in Article 70 of the Labor Code of the Russian Federation. There is also a definition of this term: this is a period of time that is set by the employer to assess the employee’s suitability for the position for which he is applying. At the same time, the terms and duration of the trial are specified in the employment contract itself.

Employment test

The procedure for testing a potential employee when hiring expresses the employer’s completely legal right to determine his professional skills and suitability for his position. It is important to remember that this is not a mandatory, but an additional condition of the concluded employment contract, which is made by agreement of both parties. This is not an obligation of the employer, rather it is his desire to check the employee, and if there is no doubt about the employee’s qualifications, there is no talk of any probationary period.

Probationary period when concluding an employment contract

It is worth remembering that an employee on probation is an equal member of the team, this is expressed in the fulfillment of his rights, as well as in the payment of wages. Many employers strive to offer applicants for a position a small salary. The Labor Code does not stipulate any special payment conditions for this case, but it is not directly prohibited from setting a lower salary for this time.

Registration procedure

All conditions are specified in the employment contract, which the company must conclude with the employee. The exact start and end date of the trial period (from 01/01/2002 to 01/04/2002) or its duration (two weeks, three months) is indicated. Do not forget that the employment order must indicate that the employee will be subject to verification of his suitability for the position held. One copy of the work contract is given to the employee.

Who should not be given a probationary period?

Employment under a probationary period is prohibited for a certain category of persons, which include:

those who were selected for the position through a competition, in accordance with Russian legislation;
pregnant women soon going on maternity leave;
minor citizens;
graduates of universities and other educational institutions for whom this is their first job;
if the employee is elected to the selected paid rate;
when transferring from another organization, for example from Moscow.

The law defines other conditions under which an employer does not have the right to impose a test for a vacant position:

for temporary employment for up to two months;
in the case where the employment contract is concluded before the completion of the apprenticeship period;
in case of replacement for a specified period of civil servants of a certain category (assistants, advisers, managers);
in the customs service when hiring graduates of specialized educational institutions of Federal significance and everyone who came to the customs service through a competition.

Duration of probationary period upon hiring

The standard probationary period for employment is three months. Senior employees - managers, chief accountants, financial directors, and their deputies can undergo a professional suitability test for up to six months. Another case is fixed-term employment contracts for a period of up to six months. Then this period should not exceed two weeks.

Minimum

The minimum probationary period for employment lasts two weeks in the case of a fixed-term employment contract (up to 6 months). When concluding a regular contract, the employer himself sets the duration of the labor test - from one to three months, depending on the position held. For senior managers this is three months. At the request of the employer, the duration of the work period can be reduced.

Extension of probationary period

The duration of the labor test is fixed in two fundamental documents - the employment contract and the employment order. There are cases when the probationary period can be extended: employee illness, time off, specialized training. Only these reasons can justify an extension. The employer issues an additional order indicating the period for which the test is extended and the valid reasons that served as the basis for this.

Maximum probationary period according to the labor code

When concluding a fixed-term contract lasting from two to six months or seasonal work, the trial period can only last 2 weeks. If an employee is hired on a permanent basis, then the maximum probationary period for employment is six months. These deadlines are prescribed in the Labor Code of the Russian Federation.

Early termination

The main reason for early termination of an employment contract is successful completion of the test. The employer issues an order for early termination of the test, which details the reasons for its termination. An employee can write a letter of resignation from the company if the position in which he worked did not suit him. Does the employer have the right to terminate the labor test early if the employee’s performance is unsatisfactory? Yes, but everything must be formalized according to the law (appropriate order), and the employee must be warned in advance..

Rights of an employee during a probationary period

Labor legislation clearly states that an employee who is on probation has exactly the same rights and responsibilities as other employees of the enterprise. This applies to wages, receiving bonuses, and establishing social guarantees. The candidate has the right to appeal in court any actions of the employer that infringe on the rights of the employee, including with regard to early termination of the employment contract.

Is it possible to take sick leave?

An employee who is on a probationary period has the right to take sick leave, the calculation of which will be calculated based on his average daily earnings. During sick leave, the period of labor probation is not counted; it resumes its effect when the employee returns to his place of work. In the event that an employee terminates cooperation with the employer (regardless of the reason), the employer is obliged to pay sick leave.

How is the salary determined?

An employee on a probationary period is subject to labor laws. This means that his rights should in no way be less than those of the main personnel. The salary must be set according to the staffing schedule. This can be circumvented by simply entering into the staffing table a reduced salary for “assistant managers” or “assistants”; its amount can be any, but not less than one minimum wage (minimum wage). The employer is obliged to pay sick leave, overtime, work on holidays and weekends.

End of probationary period

Let us immediately note that there is a situation when it is impossible to dismiss an employee after a probationary period: when during this period of time the employee became pregnant and brought the relevant certificates. In other cases, there are two options for ending the trial period.

positive - both parties are satisfied with the work in the organization, then the employee is included in the staff according to the job description;
negative – the employing company is not satisfied with the quality and result of the applicant’s work, a decision is made to terminate the contract (the order in the form indicates the reasons and evidence of the employee’s negligence).

The dismissal of an employee undergoing probation is always documented in as much detail as possible, because there is a good chance that the employee will consider such actions unlawful and will sue the employer. This can be avoided by proving that the employee violated work rules, safety regulations, did not follow instructions, or was absent without a good reason. When hiring, it is necessary to receive a written notification from the employee with his signature that he was aware of all the internal regulations of the employer.

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Employment with a probationary period - duration, amount of payment and employee rights under the Labor Code of the Russian Federation

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

The article on dismissal of one's own free will during a probationary period in the Labor Code of the Russian Federation is numbered 71. Moreover, in accordance with Part 4 of Article 71 of the Labor Code, the employee is obliged to notify his superiors in writing about his resignation in advance. Many people are interested in the question: is the probationary period 3 calendar or working days? Let's find out below.

Article 71. Result of employment test

If the test result is unsatisfactory, the employer has the right to terminate the employment contract with the employee before the expiration of the test period by warning him in writing no later than three days in advance, indicating the reasons that served as the basis for recognizing this employee as having failed the test. The employee has the right to appeal the employer's decision in court.

If the test result is unsatisfactory, the employment contract is terminated without taking into account the opinion of the relevant trade union body and without payment of severance pay.

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

If during the probationary 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 by notifying the employer in writing three days in advance.

On the day of dismissal, an entry about dismissal is made in the employee’s work book, and the book itself is issued to the employee, in accordance with Article 77 of the Labor Code. Full payment to the employee is also made on the last day of his work.

Is it possible to quit during a probationary period in one day?

IMPORTANT! Yes, but only if the employee has not yet started performing his job duties, but expresses a desire to resign. In this case, the concluded contract is canceled one day. In this case, no entries will be made in the work book, and the cancellation of the contract is confirmed by the relevant Management Order, in accordance with the year.

How to resign during the probationary period of your own free will, read below.

Application for dismissal during a 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 is obliged to notify his superiors in advance of his own resignation by writing a statement. There is no unified form for its preparation, however, the employee must indicate certain data in the document:

Full name of the person in whose name the application is being drawn up (as a rule, the application is written in the name of the director of the enterprise or the person currently performing his duties).
Own full name and title of position held.
Indicate its name in the header of the document.
Submit your request to resign at your own discretion.
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 obliged to stipulate the reason for the termination of the employment relationship.

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

The employee must notify his superiors of his resignation 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 a working day (for example, it falls on a weekend or holiday), then the date of termination of the employment relationship is considered the first working day that occurs after the weekend.

Article 14. Calculation of deadlines

The period of time with which this Code relates the emergence of labor rights and obligations begins from the calendar date that determines the beginning of the occurrence of these rights and obligations.

The period of time with which this Code relates to the termination of labor rights and obligations begins the next day after the calendar date that determines the end of the employment relationship.

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

If the last day of the period falls on a non-working day, then the end of the period is considered to be the next working day following it.

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

Working off

Do I need to work 2 weeks during the probationary period upon dismissal? The probationary period for voluntary dismissal is only 3 days. Work begins on the day following the date when management received an application from the employee requesting resignation on his own initiative.

If an employer requires an employee to work two weeks, 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 quit without three days of work, then this can be organized in two ways.

Agree with the employer. If the manager agrees with the employee’s departure, he can let him go without mandatory work, that is, dismiss him immediately.
Go on sick leave. The days during which the employee is incapacitated 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, difficulties with carrying out the procedure do not arise if the employee notifies management of his decision within the appropriate period. Now you know everything about dismissal during the probationary period at your own request.

Consider a video on this topic:

Searching for a job, as well as recruiting personnel, is a labor-intensive process. Even if the candidate’s professional qualities meet the requirements of the vacancy, and the proposed job is completely suitable for this specialist, there is no guarantee that the cooperation will necessarily be successful and long-lasting.

What deadline can be set?

Hiring for a probationary period allows you to determine opportunities for further cooperation. According to this period, it may be different in different cases. The following options exist:

No more than 2 weeks;

Probation period 3 months (or less);

Up to six months;

Up to one year.

At the same time, the shortest duration is provided when a fixed-term contract is concluded (up to six months). This also applies to seasonal workers. A probationary period of 2 weeks may be established for them, but no more.

However, it usually lasts longer. In most cases, the probationary period lasts up to 3 months. The Labor Code of the Russian Federation indicates that it can end by agreement of the parties or earlier, but not later. A period of 6 months can be set, for example, for the head of the company, its representative office, branch, chief accountant, as well as their deputies.

In what cases is hiring carried out for a probationary period for the longest period of time? For example, when an employee enters the civil service. How long does the probationary period last in this case? Up to one year. However, if an employee is transferred to a new place from one government agency to another, then the maximum period is six months.

Categories of employees for whom a probationary period cannot be established

The rules listed above do not apply to all potential employees. There are categories of employees for whom a probationary period cannot be established (the Labor Code of the Russian Federation indicates relevant cases). These are pregnant women, candidates under 18 years of age, employees with whom the contract is concluded for 2 months or less. Another case is if a candidate was hired through a competition. In addition, this category includes former students who have received higher, secondary or primary education and who are taking up positions in their specialty for the first time. Also, hiring for a probationary period is impossible for disabled people who were assigned to this position based on the results of a medical examination. Another category is specialists who were invited to this position as a result of transfer to another employer. The last two cases are if a candidate is elected to an elective position, and also if he retires from service (alternative, military).

Why is a probationary period needed?

Hiring for a probationary period upon taking up a position is introduced not only for the future employee, but also for the employer. During this period, both parties have the opportunity to take a closer look at each other and understand whether cooperation should continue. During the test, the employer evaluates the employee’s business qualities, abilities, communication skills, ability to carry out assignments efficiently, suitability for the position held, compliance with the rules established in the company, as well as discipline. During this period, the employee draws a conclusion about the company, his position, salary, responsibilities, management and team.

How is work paid during the probationary period?

The employee who is at the probationary stage is fully covered. Therefore, if the company stipulated in the contract that this period will not be paid, this is a clear violation of Russian law. In addition, many employers nowadays deliberately set a lower salary for the test subject, promising to increase it later. The following can be said about this.

Firstly, an employee who is at the probationary stage cannot be limited in wages. His rate must be no less than that provided for this position in the staffing table. Secondly, a company that reduces the salary during the probationary period falls under an article such as discrimination. In the staffing table of a company, for example, there are two positions for a purchasing manager. The first was occupied by an old employee, and the second was invited to a new person with a probationary period. In this case, from the first day of work, the newcomer must have a salary no less than that of an employee who has been working for several years in a similar position.

Legal way to set a lower salary during the probationary period

Nevertheless, almost all companies pay lower salaries to employees during the probationary period. This can be done quite legally by changing, for example, the salary of employees for a newbie position in the staffing table. However, it should be remembered that its size should not be lower than the minimum wage.

A specialist on a probationary period may be paid a bonus, as well as other incentive payments that are specified in the regulations on remuneration and bonuses. The employer is also required to pay the subjects overtime, sick leave, and time off work on holidays and weekends.

Registration of a probationary period

A probationary period is required. An employment contract must be concluded with the employee, and an order to hire the employee is issued on the basis of it. These documents indicate the duration of the test period. The work book does not include the entry “hired for a probationary period”; it only notes that the employee was hired.

Extension of probationary period

It is not prohibited to increase it, but only if the duration of the probationary period does not exceed the norms established by law. For example, if initially it is 1 month, and after this period the employer still has doubts about the candidate’s suitability for this position, the trial period can be extended to 3 or 6 months if we are talking about the vacancy of a branch manager or chief accountant.

It is impossible to increase its duration without the employee’s consent. Therefore, the employer must justify the decision to extend the probationary period.

The need for written recording of facts of violation of labor discipline by an employee

An employee’s failure to complete tasks in a timely manner, his mistakes, or violation of labor discipline should be documented, and if there are managers, then they should be included as well. Facts certified in this way should be handed over to the employee for review. To confirm, he must sign. If the employee agrees with the shortcomings in the work, then the employment contract is added, and the probationary period is increased. If the employee believes that the claims against him are unfounded and does not give his consent to an additional period, dismissal is allowed, which must be based on written irrefutable evidence.

Rights and obligations that an employee has during the probationary period

They are no different from those that other employees working in this company have. A specialist registered for a probationary period has the following rights:

Receive a salary, bonuses, salary supplements for overtime work, as well as other incentive payments;

Take a sick leave certificate, on the basis of which you can receive insurance payments during your period of incapacity;

Resign at any time on your own initiative (it is not necessary to wait until the end of the probationary period);

Take a weekend at your own expense or towards a future vacation; however, the employer in this case can refuse leave on legal grounds, if this does not contradict the Labor Code of the Russian Federation, Article 128: for example, if an employee has a child, then he should be given time off without pay for up to five days.

The employee's responsibilities are as follows:

Comply with internal regulations, fire and labor discipline;

Comply with the terms of the contract;

Perform job duties in accordance with the job description.

Dismissal of an employee who has not passed the test period

First of all, you should prepare a notice in writing for the employee in advance, in which you need to indicate the reasons why further cooperation is impossible. They must be documented. This could be an act of disciplinary action, an employee’s failure to fulfill job duties, written complaints from clients who interacted with a specialist, or, for example, minutes of a commission meeting in which the outcome of the probationary period was determined, etc. The notice also indicates the date of the planned dismissal and drawing up a document. It is made in two copies (for the employee and for the employer).

The next step is to deliver this notice to the employee no later than three days (preferably 4) before the end of the probationary period or the date of his planned dismissal (if the decision to terminate the contract was made much earlier than the end of the probationary period). Please note that if this is not done on time, the employee will automatically be considered to have passed the test.

The next step is for employees to familiarize themselves with the notice and sign it with the date. If those who have not completed the probationary period refuse to sign, the employer draws up a special act. It must be signed by at least 2 witnesses.

The next step is that on the day of dismissal, the employee receives a salary for the days he worked, a work book and compensation for unused vacation, if any.

Termination of the contract by decision of the employee

If a specialist independently decides to terminate the contract before the end of the probationary period, the employer should be notified about this. He must write a letter of resignation, indicating the reason “on his own initiative,” and then the contract is terminated under this article. If employees who have already completed their probationary period are required to notify their employer of their desire to resign two weeks in advance, then an employee undergoing probation must notify him only three days in advance.

Cases in which dismissal is not possible

It should be noted that the dismissal of employees who have not completed the probationary period is equivalent to their dismissal precisely at the initiative of the employer. Therefore, it is necessary to familiarize yourself with the Labor Code of the Russian Federation before removing a specialist undergoing a probationary period from his position (Article 81). For example, an employer does not have the right to fire a woman who is pregnant or raising a child under 3 years of age. If he is incapacitated or is on vacation, he is also prohibited from being removed from his position.

Who benefits from a probationary period?

It benefits both the employer and the employee. Thanks to the probationary period, the company can make sure that the candidate has professionalism, or start looking for another specialist. And the employee, in turn, will be satisfied with his new place or will begin to look for another. Thus, neither the company nor the specialist will waste additional time looking for another candidate or a new job.

Dismissal during a probationary period - myth or reality? Does the employer have the right to take such actions? And how should an employee behave in order not to be fired during the probationary period? Perhaps every employee has encountered similar questions at least once in their career. And of course, every employer has thought about this. Let's try to figure out what a probationary period is and in what cases an employee can be fired while undergoing testing.

Does the Labor Code stipulate a probationary period?

The probationary period is as much a part of the labor process as much else, therefore, of course, the Labor Code of the Russian Federation stipulates the nuances of the probationary period, its establishment and completion.

1. Article 70 of the Labor Code of the Russian Federation “Test upon hiring” regulates the duration of the probationary period, the rights of employees during the test, as well as restrictions on establishing a probationary period.

2. Article 71 of the Labor Code of the Russian Federation “Result of the test when hiring” mainly covers the issues of dismissal if the employee fails the probationary period, but also touches on the issue of successfully passing the test.

What is a probationary period?

A probationary period is a period agreed upon with the employee and specified in the employment contract, when the employer determines whether the qualifications and personal qualities of the employees meet the requirements that the employer places on its employees in general and for this position in particular.

For his part, during this period the employee can also take a closer look at the employer, the enterprise and the team and decide whether these conditions are suitable for 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 for many employers.

The probationary period is established only by agreement with the employee. If an employee refuses to undergo a probationary period, no one can impose tests on him.

Why is a probationary period established?

A probationary period, in a certain sense, is beneficial for both the employer and the employee - for both, it is an opportunity to take a closer look at each other and decide whether everything suits them, before it is too late and it is still relatively easy to back down. 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 supervisor must look after and support the employee, the employee on the probationary period is still treated more leniently on some side. True, on the other hand, during this period they are closely scrutinizing him, and, perhaps, the employee should not openly demonstrate incompetence and ask too many questions about the work process.

In what cases is a probationary period established?

As a rule, a probationary period is established for newly hired employees at an enterprise - after all, even if such an employee provides a whole stack of positive letters of recommendation, for some reason he may not be suitable for this particular employer.

A probationary period can also be established for an employee who has already worked for some time at a given enterprise if he is applying 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 hire an employee to a position, no matter how good his track record, so it would be more advisable to establish a probationary period. Of course, in this case there is no question of dismissal during the probationary period - if the employee fails the test, he can simply return to perform his duties in his previous position.

p>There are also certain categories of workers who, according to labor legislation, are generally prohibited from establishing a probationary period. Such employees include:

accepted for transfer by agreement with other managers;
those who have occupied a paid position as a result of elections;
who won the competition for this position;
pregnant women;
women raising a child who is not yet one and a half years old;
persons under eighteen years of age.

It is also impossible to establish a probationary period for those employees with whom a fixed-term employment contract has been 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 completing it and wages during this period, are established by the head of the enterprise. The procedure for dismissal during the probationary period is also established by the employer, but it must be based on the norms of labor legislation.

All these nuances must be described in the internal documents of the enterprise, and the employee who is supposed to undergo a probationary period must be familiar with these documents.

The usual length of the probationary period is from one to three months. The employer can set two months, one and a half, or all three at once - as he wants. The only thing that the employer will not be able to do is set a second probationary period or extend the first if it cannot make a decision about 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 for a duration of two to six months are prohibited from establishing a probationary period of more than two weeks;
For employees hired for management positions, as well as for the position of chief accountant or his deputy, the probationary period can be set for six months. At the same time, three months for this category of workers is the minimum probationary period;
For some employees in civilian government positions, the probationary period may be set for a period of six months to a year.

Of course, dismissal of these categories of employees during the probationary period is possible on exactly the same grounds as other employees on a probationary period.

Is it possible to extend the probationary period?

As mentioned above, extending the probationary period or establishing a second one immediately after the first is prohibited. But in this case, we were talking only about the option when the employer, based on the results of the probationary period, cannot decide whether to keep the employee at the enterprise or fire him - then extending 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 sick - that is, was actually absent from the workplace, albeit for a good reason - these days are not counted towards the probationary period. Therefore, if, according to 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.

Completion of the probationary period

Since the probationary period is set to a certain duration, sooner or later it must end. Based on the results of the probationary period, some kind of decision must be made.

Dismissal after probationary period

If the employee, in the opinion of the employer, did not cope with the probationary period, a dismissal order is issued and the employee leaves the enterprise. We will talk about this procedure in more detail below.

Successful completion of the probationary period

In the case where the employee performed well during the probationary period and is completely satisfied with 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 test period has ended and the employer has not fired the employee, by default it is considered that the employee has successfully completed the test. So if there was an intention to fire an employee for not completing the probationary period, you should not yawn.

Dismissal at the end of the probationary period

When the probationary period ends, the enterprise issues an order to dismiss the employee due to unsatisfactory test results. The employee is dismissed on the same day specified in the order. A corresponding entry is made in the work book, the final payment is made to the employee, and the work book is handed over to him.

In this case, the employee may ask the employer for an explanation of why exactly the test result was unsatisfactory, so it is worth preparing a reasoned response to this request.

Dismissal before the expiration of the probationary period

Of course, in the case when 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 poor or unsatisfactory results, the employer must give the employee a written notice of dismissal three days before the date of dismissal. After this, the company issues a dismissal order. The order must contain a reference to Article 71 of the Labor Code - about 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 employee’s incompetence, since the dismissal of an employee during a probationary period, as well as dismissal based on the results of a probationary period, can be appealed by the employee in court. Therefore, it is highly advisable to record all the employee’s mistakes in writing: if he was late for work by at least 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 - a report is drawn up, the employee signs that he has read the report, and so on.

Of course, incompetence or violation of labor discipline is much easier to prove than, for example, the lack of communication of an employee or his uncleanliness towards employees - which can also lead to dismissal in some cases - but if desired, anything is possible. Especially if the team is on the employer’s side in this matter.

The employer may not coordinate dismissal based on the results of the probationary period with the trade union committee. In addition, in the event of such dismissal, the employee is not paid severance pay.

Work upon dismissal during a probationary period

A two-week work period, as happens when dismissal is initiated by 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 the probationary period, the work is only three days. If the dismissal occurs at the end of a pre-agreed probationary period, no work is provided at all - the employee is fired on the day the probationary period ends.

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Getting a job has a lot of subtleties and nuances. When applying for legal employment, you must first undergo a probationary period, which lasts from one to several months, and only then does the work experience begin to count.

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But there are cases when an employee is fired during the probationary period, or he himself leaves the place. Let's find out how the dismissal procedure occurs during the probationary period by law.

What does the law say?

According to Art. 16 Labor Code of the Russian Federation, 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 take a closer look at the 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, conversely, it provides an opportunity to reveal the best sides of a potential employee.

In any case, before official employment, the employer should look at the candidate “in action.”

According to Art. 70 of the Labor Code of the Russian Federation, after successfully completing the probationary period, days of work can be entered into the work book as a count of length of service (with the consent of the employer).

Who is tested and when?

The employer has the right to establish a probationary period for all persons who have reached the age of 18, have work experience and have finally left their place of work.

Its passage begins on the first working Monday. Holidays and weekends do not count towards your probationary period.

Restrictions for the employer

An employer does not have the right to hire a candidate for a position on a probationary period if he:

has not reached the age of majority;
a pregnant woman or mother with small children under 1.5 years of age;
transferred from one company to another (at the invitation of the company) to a similar position;
won a competition to replace a fired/left employee.

If a potential employee belongs to at least one of the above categories, then setting a probationary period is illegal.

Deadlines

Depending on the class of the employee, in Art. 27. The Labor Code provides for different deadlines:

for representatives of blue-collar professions, a probationary period of no more than one month is provided;
for representatives of other professions – about 3 months;
in special cases, in the presence of negative reviews – 6 months.

Possible test results

There are two possible outcomes of the situation – positive and negative.

If the “practice” is completed in good faith, the employer formalizes the employee by concluding an employment contract with him.

If the results of the probationary period cause 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 early employment - upon completion of the probationary period.

However, you should notify about this no later than 3 days in advance of the necessary care. The dismissal of an employee who is on a probationary period occurs in writing.

On a piece of paper, the employer must indicate the reasons why he is not satisfied with the performance of a potential candidate for the position.

The notice is drawn up in two copies: one for the employer, the other for the employee.

Example notification:

Example of an employee notification

Employee initiative

There are also cases when an employee leaves his post by his own decision.

He is obliged to write a written notice three days before leaving in one copy, which is intended for the employer.

The person must also pay back all the money received as salary for the probationary period and return the work book to the company secretariat.

Example document:

Sample application for voluntary resignation

Features and nuances of the situation

The dismissal procedure during the probationary period has its own nuances and features. Let's look at them.

Working off

As a rule, processing 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 completes all his work and completes his projects;
during the service, management can find a replacement for the person who left the post;
all documents necessary for the full departure of the former employee are completed and prepared.

The employee went on sick leave

Taking sick leave during a probationary period 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 they go on sick leave, they will not pass the probationary period. This is not true: it is enough to provide evidence of your illness (certificates from a doctor, x-rays, etc.), and the employer must release you from duties.

At the same time, dismissal is impossible 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: the same provisions of the Labor Code of the Russian Federation come into force.

Replacements for management positions are sought during the previous employee's service.

It is worth considering that when a financially responsible person leaves, you should check the property and funds for which he was responsible, and only after that draw up a departure agreement. Property verification 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 departments or workshops of the enterprise, the chief accountant, the head of the company or her deputy.

During the inventory process, an act of counting material assets is drawn up, in which the commodity property is weighed, measured, the initial number of valuables is calculated, and the state of things before and after the employee’s work is compared.

Public and private companies

The conditions for dismissal during a probationary period do not differ much in public and private companies.

For example, an employee of a government agency will have to write a statement three days before leaving; if the initiator was the manager, then he writes the notice, accordingly.

The same procedures must be followed by an employee in a private company. Therefore, there are no differences.

The procedure for registering dismissal during a probationary period

The departure of an employee who was on a probationary period is accompanied by a lot of hassle: preparing documentation, processing the work record book, establishing the necessary payments and compensation.

Preparation of documents

There is a certain scheme according to which an employee who is on a probationary period is dismissed.

It includes the following steps:

First of all, the manager prepares documentation confirming that the employee does not meet the requirements to perform the job and his competence is insufficient in the relevant area. As a rule, reports, notes from the employee’s colleagues, explanatory notes, etc. act as evidence.
Next, the manager writes a notice in which he notifies the employee of his decision. The employee is informed of his imminent dismissal by attaching documentation.
After reviewing the claims, the employee signs in a special work journal.

Entry in the work book

After completing the collection of documentation and the dismissal procedure, a corresponding entry is made in the employee’s work book (example):