Interesting information

Russians with an income of more than 45,000 rubles. less often than others, they part with their employer during the probationary period of their own free will (18%), but more often than others - on the initiative of the company (9%). Employees with low earnings, on the contrary, more often quit on their own (22%), with 6% of them not completing their probationary period.

Probationary period is a period of time, determined by labor legislation, necessary for the employer to determine the professional suitability of an employee. The expiration of the period implies the need to decide whether the tested employee is worthy of working in this company. There are two options: first, the employee continues to work, second, the employee is fired. Let's consider in more detail whether they can be fired after probationary period and on what grounds.

Nuances of drawing up an employment contract regarding the probationary period

When a new employee is hired, an employment contract is signed with him and a special order is issued to accept him for work. These documents contain information about the conditions under which the employee will work for the company. If an employer wants to check the professional suitability of a new employee, then he must stipulate that the employee undergo a probationary period. This fact must be reflected both in the order and in the employment contract. The testing period is regulated by Article 70 of the Labor Code (LC) of the Russian Federation.

If the contract does not contain a clause on completing a probationary period, then it is officially considered that the employee has been hired permanent job without verification. This is valid even if the hiring order says otherwise. This provision is recorded in the letter of Rostrud dated March 11, 2010 No. 642-6-1 and in Art. 57 Labor Code of the Russian Federation.

Options for dismissal when passing the test

The initiator of termination of the working relationship between the company and the employee can be either party. This right is enshrined in the Labor Code of the Russian Federation. When dismissing during the probationary period, there are some nuances. The dismissal procedure during this period is simplified.

For example, in order to terminate a contract, it is necessary to notify the other party 3 calendar days in advance. in writing. The employee does not need to work the 2 weeks required by labor law upon dismissal on a general basis. After 3 days, he will be provided with a full payment and issued a work book.

The video discusses the features of dismissal at the initiative of the employer

Grounds for dismissing an employee during probation

Some facts

60% of dismissals during the probationary period occur on the initiative of top managers themselves, and only 40% - on the initiative of employers.

Art. 70 of the Labor Code of the Russian Federation establishes that an employee undergoing testing is subject to all provisions of labor legislation and other legal acts containing labor law norms. In this regard, thinking about whether it is possible to fire a person during a probationary period, we come to the conclusion that it is possible, if there is a reason.

Common reasons for dismissal include:

• The employee fails to cope with the obligations assigned to him;
• Absenteeism;
• Non-compliance by employee established rules security;
• Disregarding the rules labor discipline;
• Unprofessional behavior/behavior discrediting the reputation of the enterprise;
• Disclosure of commercial/official secrets.

The reason will be legal if the employer has evidence to support it. For example, an employee signed job descriptions and safety precautions, but does not comply with their provisions.

Attention! An employee undergoing a probationary period may resign on his own. For this he does not require special justification.
Another reason for dismissing an employee that does not require proof is liquidation of the organization or reduction in staff numbers.

Dismissal during the probationary period

As already mentioned, one of the parties who decides to terminate the employment relationship must notify the other party in writing 3 days in advance. If the initiator of dismissal is the employer, then, in addition to notice, he must provide the employee with justification for his decision.

Reasons for dismissal may include the following factors:

• violation of labor discipline, including absenteeism;
• the employee’s incompetence in the area of ​​his professional duties;
• inadequate relations with the rest of the workforce.

The payment is provided to the employee on the last day of his work. Severance pay not included in the calculation.

It is important to know that if the above points are violated during dismissal, then the employee has the right to appeal the dismissal during the probationary period at the initiative of the employer in court. And the employee has the right to count on the success of this enterprise, because there will be a violation Labor Code.

Documents required to justify dismissal during the probationary period

The legality of dismissal under existing conditions is regulated by Article 71 of the Labor Code of the Russian Federation. All reasons for dismissal must be supported by written evidence. Without them, dismissal is considered illegal, and the employee can appeal it in court.

Evidence of unsatisfactory testing is:

• acts on marriage committed by the employee;
• reports on the candidate’s non-fulfillment or poor performance of his work duties;
• a negative reference from the employee responsible for supervising the candidate’s probationary period;
• if available, extracts from the test control log;
• complaints from team members;
• customer complaints in the book of complaints and suggestions (if available);
• orders, acts, notifications about disciplinary sanctions(if they were).

Dismissal immediately after completion of the inspection

In the absence of notice of dismissal from the employer, the first day following the end of the probationary period is considered the first day of work on a permanent basis. The manager or human resources department is not required to notify the subject employee of the end of his or her inspection period.

If the employer decides to dismiss the candidate, he is obliged to notify him of this 3 calendar days in advance. Dismissal with the wording that the candidate has not passed the test can occur no later than the date following the day the probationary period ends. Thus, the last day for an employee to receive a notice of legal dismissal with the wording described above is the date 2 working days before the check completion date specified in the order and contract.

Let us remind you that the employer must justify his decision. You can read specifically about what can become a reason for dismissal in the previous section.

There are also a number of cases where a decision to dismiss during a trial will be considered illegal. For example, the rules prohibit dismissing a pregnant woman, which is stated in the first part of Article 261 of the Labor Code of the Russian Federation.

Dismissal initiated by the employer, if more than 1 day has passed since the end of the probationary period, must be carried out on a general basis.

The wording that the employee did not pass the test during the probationary period is illegal in this case. Therefore, an employee in this situation should be dismissed only on a general basis, according to the Labor Code of the Russian Federation. A different development of events may become a reason to appeal the legality of the employer’s actions in court.

The standard dismissal procedure on a general basis provides for:

• working for a 2-week period after receiving notice of dismissal;
• receiving full cash payment, including severance pay.

Dismissal procedure

Some facts

Russians over 45 years of age are least likely to leave their employers during a probationary period (14% - of their own free will, 4% - at the will of the employer). Among 45-year-olds there is also the highest percentage of applicants who have never applied for a job with a probationary period (13%).

The correctness of the procedure for dismissing an employee during the probationary period or immediately after it is of great importance. Failure to comply with any point may become a reason for appealing dismissal in court.

Let's consider the procedure for dismissal:

• the employer must send the dismissed employee a written notice of dismissal in 2 copies no later than 3 days before the end of the probationary period;
• the employee must read the notice and sign the employer’s copy. If the dismissed person does not want to accept the notice, then this fact must be recorded in a special act in the presence of 2 witnesses;
• further, the employer must issue an order to dismiss this employee listing the facts that served as the reason for the separation labor relations with him;
• The company's accounting department must calculate it on the last day of the dismissed employee's stay at work:
• issue wages for hours worked,
• issue compensation for unused vacation;
• The personnel department or the head of the enterprise must enter into the work book a statement about the reason for dismissal (unsatisfactory test results) and issue it to the dismissed employee.

Stages of dismissal of an employee during probation

Interesting data

According to the research center, a survey among employees and employers showed that dismissals during the probationary period are three times more likely to occur at the request of the employee than at the will of the employer. For 19% of respondents, the probationary period ended with termination employment contract on their initiative, for 6% - by decision of the employer. The majority of applicants managed to complete the probationary period and remain employed by the company (66%). There are only 8% of applicants who managed to get a job without a probationary period.

It is worth not only considering in detail whether they can be fired during the probationary period, but also familiarizing yourself with the instructions for layoffs:

1. Collection of documents confirming the validity of the dismissal of an employee undergoing testing.
2. Drawing up a written notice of termination of the employment contract containing the reasons for dismissal. Registration of notification according to established rules. Send it to the employee at least 3 days before dismissal. Obtaining a receipt from the employee or drawing up an act of refusal of acceptance in the presence of witnesses.
3. Drawing up an order for dismissal during the probationary period. It must be communicated to the person being dismissed against his signature.
4. Make a payment within 10 days. Not only is it paid wages, but also compensation for vacation time if the employee worked more than 15 days.
5. Making a note in the citizen’s personal card and his work book that the employment contract with the employee was terminated during his probationary period. The work record book is personally handed over to the dismissed employee.

When dismissing an employee undergoing a probationary period, it is important to consider the following nuances:

• There is no provision for working within 14 days to complete labor rights 3 days are allotted for the relationship;
• If an employee who has received certain documents or equipment is dismissed, then a procedure for transferring cases is established in accordance with the Labor Code of the Russian Federation;
• All provisions of the Labor Code of the Russian Federation on the dismissal of employees during their probationary period are the same for employees of private and public companies and enterprises.

If an employee believes that the dismissal is illegal and the reason is unreasonable, then he can appeal the employer’s decision and be reinstated in the workplace.

ABOUT important nuances when dismissing employees is described in the video

Prohibition of dismissal during probationary period

Dismissal during a probationary period is impossible under the following conditions:

1. During pregnancy. Art. 70 of the Labor Code of the Russian Federation establishes that the condition of completing a probationary period for pregnant women cannot be included in an employment contract. If pregnancy becomes known after admission to the trial, the trial is terminated and the woman begins working without a probationary period.
2. On maternity leave. During the probationary period, the employer is obliged to issue the woman maternity leave while ensuring the necessary payments. He does not have the right to fire an employee.
3. Pensioner. The Labor Code of the Russian Federation and other regulatory legal acts containing labor law standards do not provide for the dismissal of a citizen during a probationary period due to his reaching retirement age. Dismissal of a pensioner can only take place on general grounds.
4. You cannot fire a person who is on sick leave.

If you disagree with the dismissal, the employee has the right:

• Achieve reinstatement at work through negotiations with the employer, pointing to those articles labor law which he violates.
• Submit a reasoned complaint to the Labor Inspectorate.
• Go to court.

If you have questions about dismissal after the probationary period, write in the comments

Dismissal during a probationary period occurs in exactly the same way and on the same grounds that apply in other cases. However, at this time, the employer has the right to dismiss the employee due to the fact that he did not pass the test. For this there is special order, which involves documenting any mistakes, actions and inactions of an employee that indicate his professional incompetence. The employee himself has a similar right - he just needs to notify management 3 days in advance and resign.

In general, the grounds for dismissal may be exactly the same, but there are a few differences. The main reason for dismissal by the employer is that the employee has failed to prove his ability to cope with the job. However, this fact must be recorded and proven by the company itself. An employee is not required to prove his professional suitability/unsuitability. And in the event of a decision to dismiss, the employer must attach relevant documents documenting the employee’s mistakes in the performance of his duties.

Thus, we can conclude that dismissal during an audit has several differences from ordinary cases.

Maximum test duration

In general, the duration of such a period cannot be more than 3 months, i.e. maximum 90 calendar days. However, there are several categories of workers for whom this time can be increased to six months:

• supervisor;
• chief accountant;
• deputies of these persons.

There are also cases of establishing a shorter period for testing. If the contract is concluded for 2 to 6 months (for example, with seasonal workers), the total duration of the inspection should be no more than 14 days. After this time, the parties must decide whether they should continue to cooperate with each other.

The test provision itself must be included in the text of the document:

• employment contract;
• or additional agreements thereto.

The legislation directly states that the absence of this condition means that the employee has already been hired, and no testing is provided for him. That is, in such cases he can only be dismissed in the usual manner.

The parties may come to an additional agreement to increase the initially established duration of the test. The corresponding fact is reflected in additional agreement to a previously signed employment contract. However, the total duration still cannot exceed the values ​​​​mentioned above.

At the initiative of the employee

At any moment, an employee can understand that this work doesn't suit him. Therefore, the law provides that he has the opportunity to resign by warning the company in the form of a regular written statement. In this case, work as such is not expected - it is enough to work for another 3 days, and then you can receive a work book and all due payments:

• on sick leave (if any);
• (a small amount must be paid even if the person has worked for several weeks);
• other payments (for example, at night, etc.).

The dismissal procedure looks exactly the same as in normal cases:

At the initiative of the employer

In this case, the procedure has 2 significant differences:

Thus, the sequence of actions is as follows:

1. The company provides the employee with a written notice, which can be drawn up in any form. In the text it is advisable to refer to the relevant norms of the Labor Code. Moreover, the employee must also read the notice and put his signature, as well as the date of reading.
2. Next, management issues a dismissal order, a personnel specialist draws up a labor report, and the accounting department makes calculations. An entry in the book is made with reference to the Labor Code norm.
3. On the last day, the employee is given all the documents, and the salary is transferred, etc.

Regarding ways to determine professional incompetence, then the company has the right to independently determine the system for assessing professional skills, as well as the forms of documents (for example, checklists) for checking them. The preparation of such papers is largely necessary in order to protect against possible risks of the employee appealing the dismissal in court. Examples of these documents include:

• explanatory notes of the employee;
• memos addressed to management;
• acts recording professional errors (usually signed by at least 2 witnesses).

Expert opinion

Sobolev Dmitry

Administrative offenses lawyer, site expert

If the employee continues to work after the end of the probationary period, this means that he has passed it automatically. Those. The employer’s “silence” is equivalent to his positive decision to hire the employee as a permanent employee.

Who can't be fired during a trial?

In general, the law does not allow the dismissal of 2 categories of employees:

1. Those who took sick leave during the test.
2. Those who went on vacation during the test (including at their own expense).

That is, dismissal can be carried out only after the employee who is sick or went on vacation returns to work. However, all this time is not counted towards the test period. For example, an employee started work on June 1, 2019. The trial was originally supposed to last 2 months and end on August 1st. However, from July 1 to July 15, he took sick leave. During this period, such an employee cannot be dismissed. However, the test period is extended from August 1 to August 15.

In addition, the legislation also establishes a list of persons who cannot be hired at all under tests. These are, for example, pregnant women, minors and some other categories of workers.

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 notifying him about this in 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 no 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 the 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 work labor responsibilities, but expresses a desire to quit. 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:

1. 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).
2. Own full name and title of position held.
3. Indicate its name in the header of the document.
4. Submit your request to resign at your own discretion.
5. Sign.

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, in given period included and 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 last year, month or week period. 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 specified 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.

1. Agree with the employer. If the manager agrees with the employee’s departure, he can let him go without compulsory service, that is, fire immediately.
2. 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, there are no difficulties with the procedure if the employee notifies management of his decision within the appropriate time frame. Now you know everything about dismissal during the probationary period at your own request.

Consider a video on this topic:

"Finally! My dream has come true! I'm hired! - such thoughts visit the applicant after being hired. But it may also happen that after some time, for various reasons, the enthusiasm of the newly minted employee will be replaced by disappointment: the work that initially brought so much positive emotions, it becomes a burden and there is a desire to change place.

The best option in such a situation would be to resign of your own free will. If the employee is still on probation, he may have questions about the specifics of termination in his case.

How to resign during a probationary period of your own free will?

The initiative to resign voluntarily does not always come from the employee. The employer's dissatisfaction, which was provoked by an employee by violating the organization's rules or low qualifications, may lead to the employer recommending a voluntary-compulsory resignation letter.

If a subordinate ignores such a “request,” a less attractive wording of termination of the contract will be entered into the work book.

Of course, you have the right to challenge such actions of the employer in court, but this is a costly matter and it is not a fact that the court will side with you.

If an employee does not want to conflict with the employer, he must write a statement of the established form addressed to the director of the company.

Dismissal at one's own request during a probationary period - article of the Labor Code of the Russian Federation

The legislation is more friendly to test subjects at work. If a person is not satisfied with the working conditions and plans to quit, then, according to Part 4 of Article 71 of the Labor Code of the Russian Federation, he has the right, within three days, in writing, to warn the employer about this in advance. Whereas, employees who have completed a probationary period are required to notify at least two weeks in advance.

If you are not satisfied with something in the dismissal procedure, then it would be very prudent to request that you draw up an application in 2 copies, one of them signed, with a seal and time of work in this organization.

This precaution can serve you well in the future - in the event of a labor dispute, you will have an evidence base.

The procedure for dismissal during a probationary period at one's own request

It will be useful for you to know that it is strictly prohibited for an employer to force you to work during a probationary period! An agreement on such conditions is drawn up only with mutual consent of the parties.

This rule was created to enable employers to conduct a kind of “check” or “assessment” of a potential employee, his functionality, discipline, compliance with real and declared qualifications and professional skills.

Accordingly, if there is no doubt about the candidate’s professionalism, then the employee immediately proceeds to job responsibilities, in full and without a probationary period.

Also include a test clause in the contract, which is prohibited for certain social groups population:

1. Pregnant women.
2. Minors.
3. For those who have entered into a contract, the period is up to 2 months.
4. Transferred and hired by agreement of related employers.
5. Persons enrolled in special educational programs with the help of the state.

This list includes other categories of citizens.

If, nevertheless, you work under a probationary period, but decide to quit, then in such a situation there is a simplified procedure for dismissal, according to (Part 1 of Article 71) - at the initiative of a citizen.

Application for voluntary dismissal during a probationary period - sample

Earlier it was said about a simplified form of termination of the contract. Now let’s discuss in more detail how to properly file a resignation letter.

The application consists of several logical blocks that must be filled out in accordance with the order in which such forms are completed:

1. The “header” contains the employer’s position, last name, initials, and the name of the company. (example – “ general director Masterlux LLC to A.V. Sidorov).
2. Application number, date, type (about voluntary dismissal).
3. Reason for dismissal (in accordance with Part 4 of Article 71, Article 80 of the Labor Code of the Russian Federation, I ask you to dismiss me at my own request, date of dismissal).
4. Your position, signature and last name with initials (for example, Petrov.Yu.A.).

Three days before submitting an application filled out according to the above sample, you must notify the employer in writing of such a desire. If the director is not at his workplace, then it is possible to submit an application, for example, by mail.

On the day of termination of the contract, the employee must be paid in full. Documents must be issued on the same day, and within subsequent three days- work book.

Dismissal during a probationary period at the initiative of the employee - working out

The topic is multifaceted, therefore, for ease of consideration, we will take average citizens as an example and imagine them in different positions.

The “experimental subjects” decided to quit during the probationary period:

• Anatoly, as an employee, must work for three days;
• If Oleg is a manager, then the working time is 1 month;
• The athlete Artyom or coach Boris must work for exactly one month until the date of dismissal if the contract period is more than 4 months.

It will be important to mention one thing interesting moment, in the legislation regulating the topic under consideration, Anatoly, guided by Part 4, Art. 80 of the Labor Code of the Russian Federation (you can download the code from the link above), has the right to revoke his own statement for reinstatement at work. The employer is obliged to accept such an application for consideration.

Dismissal during a probationary period without work

Anatoly also has other rights, for example, if he was enrolled in educational institution, then he has the right to apply for early termination agreement. Stanislav Georgievich, who retired during the probationary period, also has the right to dismissal without service. Maxim will not work if his salary is delayed.

The persons and situations mentioned, as an example, in the article are fictitious, and are given for the convenience of understanding complex legal situations. All coincidences are random.

Conclusion: As labor analysts comment, the probationary period is intended to test a candidate applying for a vacant position. But many dishonest employers use such a mechanism to deceive applicants. Be careful when completing an internship.

Employment with a probationary period is a common practice that creates comfortable conditions to assess the applicant's abilities. The employee, in turn, has the opportunity to inspect the new place and understand whether a position in this company suits him. The testing period is characterized by a simplified dismissal procedure, without unnecessary formalities and lengthy work. At the same time, the rights of a new employee are protected by law to the same extent as when working on a permanent basis.

Why is a probationary period introduced?

Employees are hired based on their resume and a successful interview. However, the quality of his work cannot be judged based solely on the information provided. The new employee may be unable to perform the duties assigned to him. To test the competence of employees, Labor Code (Russia) provides for the existence of a probationary period - a period during which management can evaluate the employee’s skills, and he can decide whether to stay in a new place.

This stage is optional and is established only with the consent of both parties. To introduce a probationary period, a corresponding clause must be included in the employment contract. They are also indicated there during the verification period. Dismissal during the probationary period occurs according to a simplified procedure, regardless of which party initiated the termination of the employment agreement.

How long does the verification phase take?

The length of the trial period is determined by employers. According to the Labor Code, the probationary period can last no more than three months. A longer period is provided for candidates for those positions that require high level qualifications - management personnel. It can reach six months.

According to the Labor Code (Russia), a probationary period is not introduced for the following persons:

• minors;
• pregnant women;
• mothers with children under one and a half years old;
• graduates of higher education educational institutions for the first time wishing to obtain a position in their specialty no later than one year after acquiring the relevant degree;
• employees whose term of employment 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 trial phase cannot be increased. If it is concluded for a short period (from two to six months), the verification period cannot exceed 2 weeks.

Unregistered workers

Often companies hire employees without official registration. In such cases, the contract is not drawn up, and a corresponding entry is not left in the work book. Government bodies are not notified of the activities of such a person, and therefore, during his work, management is not obliged to follow formal rules and draw up paperwork. In these cases, work on a probationary period is not used; dismissal occurs according to a simplified procedure - without formal justification and mandatory work.

If the parties decided to sign an employment contract after the person began performing duties in his position, a probationary period cannot be assigned.

Vacation and sick leave

During the probationary period, employees have the same rights as other employees. This way they can take sick leave. Dismissal of an employee on a probationary period during illness is prohibited by the laws of the Russian Federation, therefore the employer can terminate the employment contract only upon the person’s return. If the trial period ends while the newcomer is absent, it does not deprive management of the right to fire him.

The employer can extend the verification period only by taking into account the days during which the employee was not present at the workplace. This rule is not mandatory and applies only if the manager wishes.

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

During the verification period, the employee can evaluate the new position and understand whether the proposed position is suitable for him. The duration of the trial stage is enough to make sure whether the person copes with the responsibilities assigned to him, whether he is satisfied with the schedule, team or working conditions. If a person decides to terminate the contract, they can do so at any time before the end of the review period.

Dismissal at the initiative of an employee during a probationary period is carried out on the basis of an application drawn up by him. The document must be given to the administration three days before the termination of the employment agreement. The employee is not required to give reasons for his dismissal.

Paperwork

To leave at your own request, you must submit a probationary period, but it does not have to be close to the end. The document is drawn up in any form. When filling out an application, you must indicate the name of the employer, the resigning employee, the date of writing and expected departure (no earlier than three days after submitting the paper). The reason for dismissal can be any - reluctance to continue working in this company is already considered a valid reason for leaving.

Dismissal at the request of the employer

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 after it. Dismissal during the probationary period must be justified with compelling reasons and supported by evidence that the employee is unable to cope with his duties. If an employee does not agree with the employer’s decision, he can appeal 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 in court that the reason for dismissal be changed, as this may negatively affect his future employment. To avoid such an outcome, employers often offer to write a statement supposedly of their own free will.

Reasons for terminating a contract

If dismissal at the initiative of an employee during a probationary period, as already indicated, does not require convincing justification, then termination of the employment contract at the request of the employer is motivated by a specific reason. Good reasons may include:

• one or more absenteeism;
• failure to comply with rules that should be known to the employee, specified in legislation or corporate regulations;
• evasion of duties after receiving disciplinary punishment, etc.

The justifications for dismissal during the verification period are the same as those that apply to ordinary employees. The employer is obliged to declare his intentions three days before the termination of the employment agreement or before the date when the probationary period ends (according to the contract and the Labor Code of the Russian Federation). Dismissal may be justified for any of the above reasons. A wider list can be found in Russian legislation.

Procedure for terminating a contract at the verification stage

Termination of an employment agreement at the initiative of the employer requires careful documentation. First, you need to formulate the reasons for dismissal and check whether they are valid, in accordance with the legislation of the Russian Federation.

In order to confirm facts of poor performance by an employee of his duties, it is necessary to find evidence of his negligence or violations. This can be confirmed by colleagues, clients who are not satisfied with his work, reports and explanatory notes regarding absenteeism.

The reasons for termination of the employment agreement must be indicated in the notice and recorded in the journal. The document is then given to the employee three days before dismissal or the end of the probationary period. Upon the date specified in the notice, the employer must sign the corresponding order, register it in the journal and obtain the employee’s signature.

Calculation upon dismissal

After completing the order, the employer must pay the person the entire required amount. Dismissal at the initiative of an employee during a probationary period also requires the transfer of these funds. The payments that the employee receives are equal to those that are transferred to employees on an ongoing basis. This amount includes:

• wages;
• compensation for sick leave;
• reimbursement for unused vacation.

Each employee is entitled to 28 days of vacation per year. However, dismissal during the probationary period occurs before the employee is entitled to full rest. In this case, compensation is calculated in proportion to the period of his work. If the company provides more days for rest, they are taken into account when calculating compensation. For one unused vacation day former employee receives an amount equal to his daily salary. The calculation is carried out according to the following formula:

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

For example, if employee worked for 3 months, after which he decided to quit, he is entitled to compensation for 7 days unused vacation (28: 12 * 3).

Working off

Upon termination of a contract, an ordinary employee must perform his duties for two weeks if required by the employer. During this time, he can find another person for the vacant position. The duration of additional work differs if dismissal occurs during a probationary period. Work in this case lasts 3 days.

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

A person may refuse additional days if he:

• is a disabled person, a pregnant woman, a pensioner, a mother of three children or a child under 14 years old;
• has an illness that interferes with the performance of official duties;
• cares for a disabled or sick family member;
• was enrolled in full-time training;
• retires, etc.

If a person does not express his desire to resign at the end of the probationary period and returns to work the next day, he automatically becomes a permanent employee. In such cases, the contract is terminated by general rules, with a working period of two weeks.

Work book

This is the last step in terminating the contract, which occurs after the order is issued and the employee receives the necessary payments. Dismissal during the probationary period ends accordingly. It must include the reason for dismissal. If this happens at the initiative of the employer, then “unsatisfactory test result” is indicated as a justification. If an employee decides to leave the organization, then the reason can be specified own desire. Photocopy work book must remain with the company where the employee worked.