Everything about dismissal during a probationary period at the initiative of the employee: sample application, work-out and other information. Probation period: how it happens and how it should be

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

So that the trial period is productive and does not cause controversial situations, the parties must discuss the terms of passage and registration issues.

What is a probationary period according to the Labor Code of the Russian Federation?

The regulatory basis for passing the inspection is two articles Labor Code:

1. №70 - "Test for employment."
2. №71 – “Result of the test when applying for a job.”

From the point of view of the law, a probationary period is the period during which the employer can dismiss an employee under a simplified scheme: there is no need to detain the employee for two weeks, plus the decision to dismiss does not need to be agreed upon with trade unions.

A citizen on probation can also initiate early termination of cooperation. Both parties are required to give 3 days notice of their decision. In all other aspects, the passage of the trial period is no different from the normal work process. The new staff has all the rights and responsibilities of a staff member.

Design nuances

Sometimes applicants mistakenly believe that the employer is guided only by oral agreements. In fact, in order to have the advantage of simplified dismissal, the organization has to complicate the process of recruiting personnel:

• The employment contract must contain a special clause clearly indicating the end date of the test.
• Additionally, a Regulation is drawn up, which specifies the conditions for passing the probationary period, as well as specific criteria by which the candidacy will be evaluated.
• Second copies of documents are issued to the new employee. The employee's signature is required, confirming that he has been familiarized with job descriptions, standards and internal rules.

Dismissal procedure

An enterprise has no right to refuse an employee without reason. All arguments are documented and previously agreed upon in the Regulations.

It is advisable to keep a special log during the verification period. It notes both positive and negative indicators of the candidate:

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

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

If the employer decides to terminate the employment of the subject, written notice must be prepared and delivered no later than 3 days before the deadline. The document must be accompanied by compelling reasons for refusal (at least three):

• journal entries;
• reports from immediate supervisors;
• acts of acceptance of work or goods;
• customer complaints, etc.

Within three days from the moment the employee reads the notice, the company issues a dismissal order and closes its block in the work book with the entry “due to unsatisfactory results.” In this case, a reference to Article 71 of the Labor Code of the Russian Federation must be indicated.

On the last working day, the employee is given his work and pay slips. Severance pay not paid (Article 71, Part 2).

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

How to avoid an unpleasant entry in your employment record

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

In this regard, many applicants are afraid to agree to a probationary period, thinking that it will spoil them work book. In fact, a record of a candidate's failure to pass the test appears only in extreme cases.

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

For example, if a candidate fails to cope with his responsibilities, the employer warns of his intention to fire him. It gives the employee the opportunity to familiarize himself with the preliminary results within 24 hours and write a statement on at will. In this case, the labor office is closed as usual.

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

Duration and extension of time

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

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

Both the employer and the employee have the right to interrupt the verification process ahead of schedule by giving 3 days’ notice. And here neither party can extend the trial(except for situations where the subject went on sick leave).

There are times when an enterprise, having become convinced of the employee’s value before the deadline, takes the initiative to cancel the test. If the candidate does not object, an addition to the employment contract is drawn up. If the period has come to an end and no applications or notifications have been received, the person is automatically considered permanently enrolled.

Who is not eligible to offer a test?

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

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

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

Is it possible to take sick leave?

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

Anyone can get sick. If such a nuisance happened during the probationary period, the procedure for registering sick leave remains normal. On the first day, you need to notify management (you can by phone), see a doctor and open a sick leave.

On the last day of illness, it is necessary to issue a certificate in the following manner:

• on a special hospital form;
• with the seals of the doctor and the medical institution;
• indicating the name of the enterprise and position (there is no need to mention the probationary period).

Upon returning to work, the person is provided sick leave to the HR or accounting department.

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

If a candidate goes on sick leave, the probationary period is automatically extended by the number of days missed.

Can wages be lower?

During the test, the candidate cannot establish a payment less than that provided for the position in the staffing table. A pay cut based on an “internship” is considered illegal.

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

Options are allowed when the employee signs additional agreement, according to which he receives only a rate, but performs only part of his duties (while he is getting used to new job). As the volume of work increases, so does the additional payment.

Is experience taken into account?

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

This also applies to new employees whose contract contains a clause on completing a probationary period. Articles 70 and 71 relate only to special conditions for accelerated dismissal, but do not in any way affect the infringement of human rights.

All days of testing are included in the total length of service. The employer does not have the right to draw up a contract retroactively.

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

Video about testing candidates

The video provides details on how to correctly set a probationary period for a job applicant:

The probationary period is an opportunity for both the employee and the employer to evaluate how suitable they are for each other. However, employers, when ordering a test, often violate the Labor Code of the Russian Federation. And there are some, not very decent employers who take advantage of the probationary period to hire workers at a reduced salary. And then, dismissing the previous employee as not completing the probationary period, they hire the next one.

The sad experience of workers deceived by their employers has received wide publicity. As a result, concerned citizens already at the first interview ask personnel officers: how much do they pay during the probationary period and do they pay for the probationary period at all in the company?

It is clear that it is impossible to know for sure how the employer will behave after the adaptation period for a new employee. But how to protect your rights, fight dishonest employers and what to pay attention to when making a contract employment contract with a probationary period - we’ll talk about that.

Situation 1. Who should not be given the test

The young specialist graduated from the institute six months ago. I have worked before, but this is the first time I am getting a job in my acquired specialty. He is given a probationary period. Is this legal?

Let's start with the fact that the test can only be ordered by mutual consent of the employee and the employer. This is provided Article 70 of the Labor Code of the Russian Federation, which says: “When concluding an employment contract, it agreement parties a provision may be made for testing the employee in order to verify his suitability for the assigned work.” That is, without the consent of the employee, a probationary period cannot be assigned to him. Of course, the applicant is unlikely to be able to take advantage of this right; most likely, he will not be hired if he tries to start his career with such disagreement. But there are categories of employees for whom such a trial period is not permitted by law, even with their consent. A hiring test is not established for:

• pregnant women and women with children under the age of one and a half years;
• persons elected through a competition to fill the relevant position;
• persons under the age of 18;
• persons who have graduated from state accreditation educational institutions primary, secondary and higher vocational education and those entering work for the first time in their specialty within one year from the date of graduation from the educational institution;
• persons elected to elective position for paid work;
• persons invited to work by way of transfer from another employer as agreed between employers;
• persons concluding an employment contract for a period of up to two months.

Therefore, despite the fact that the young specialist from our example has already worked, it is unlawful to set a test for him. And even if he signed a contract containing such a condition, the employer cannot fire him as having failed the test.

Situation 2. Employment contract with a probationary period

The specialist got a job. The employer warned him about the probationary period. An employment contract was signed. But there was not a word in it about the purpose of the test. What are the consequences?

If a probationary period is assigned, this must be specified in the employment contract. The Labor Code of the Russian Federation states that the absence of such a condition in the employment agreement means that the employee was hired without a special period of adaptation and evaluation. Even if there is an order to appoint a trial, it will not be possible to dismiss an employee as having failed the probationary period. And the labor inspector or the court, having compared the order and the contract, will consider the absence of a corresponding clause in the contract to be a significant violation. In this case, the court will certainly recognize the appointment of a probationary period as invalid.

Situation 3. Fixed-term employment contract for the duration of the trial

The employee was offered to enter into a fixed-term employment contract for two months during the probationary period. After its completion, the contract will either be re-signed for an indefinite period, or will not be concluded if the employee does not pass the test. Is this legal?

IN Article 58 of the Labor Code of the Russian Federation it is written in black and white: “It is prohibited to conclude fixed-term employment contracts in order to evade the provision of rights and guarantees provided for employees with whom an employment contract is concluded for an indefinite period of time.” And concluding a fixed-term contract instead of completing a trial falls under such cases. Moreover, the Plenum of the Supreme Court of the Russian Federation, in its Resolution No. 2 of March 17, 2004, recommended that courts pay special attention to these points. Therefore, if an employee goes to court or the labor inspectorate with a complaint about such actions of the employer, a fixed-term employment contract can be recognized as concluded for an indefinite period.

Situation 4. Length of period

An employee gets a job as an accountant. She was given a probationary period of 6 months. Is this legal?

According to Article 70 of the Labor Code of the Russian Federation, the probationary period cannot exceed three months. The exceptions are heads of organizations and their deputies, chief accountants and their deputies, heads of branches, representative offices or other separate structural divisions organizations for which the test is established for a period of no more than six months. But in our case, a person gets a job as an accountant, and not as a chief accountant or his deputy. Thus, a probationary period of 3 months is the maximum duration. And if labor contract is concluded for a period of 2 to 6 months, then the trial cannot exceed two weeks. When concluding a contract lasting less than 2 months, there is no trial period at all.

During the trial period, days of temporary incapacity for work of the employee and other periods when he was actually absent from work are not counted. That is, if an employee is assigned a probationary period of 2 months, and he was sick for 2 weeks of these two months, then the probationary period is extended by two weeks.

Situation 5. Reduced salary for probationary period

When hiring a new employee, the employer tells him that he is being hired for a two-month trial period - the salary will be lower than at the end of these two months. Are these conditions legal?

What does the Labor Code say about what the salary should be during the probationary period? And in general, is the probationary period paid? Article 70 of the Labor Code says: “During the probationary period, the employee is subject to the provisions labor legislation and other regulatory legal acts containing labor law norms, collective agreements, agreements, local regulations.” Each organization must have a staffing table, which indicates all salaries (tariff rates) for each position existing in this enterprise. Thus, for the probationary period (Labor Code of the Russian Federation), payment should not be less than indicated in the staffing table. This means that the situation with understating wages in this case is unlawful.

Of course, the employer can justify the reduced salary for the probationary period in other ways. For example, establish that after this period the first indexation of wages occurs (the Labor Code of the Russian Federation directly establishes the employer’s obligation to index the wages of employees), or transfer the employee to another position in the staffing table. Finally, you can simply increase his salary without making this conditional on passing a probationary period (for “one-off” positions that are present in the staffing table in a single copy).

You can challenge a reduced salary for the adaptation period only if it is white. Or the condition for a reduced salary is specified in the employment contract. If this condition is not specified in the contract, and part of the salary was black, then it is difficult to prove that this money was paid to you at all. However, an attempt to challenge a reduced salary assigned in the first two to three months of work is relatively realistic in our conditions only for workers who do not want to stay at a given place of work.

And one more point: in an employment contract, the salary cannot be determined by the wording “according to the staffing table.” IN Article 57 of the Labor Code of the Russian Federation it is said that the conditions of remuneration (including the size of the tariff rate or salary ( official salary) employee, additional payments, allowances and incentive payments) are mandatory for inclusion in the employment contract. That is, it must include either tariff rate, or salary, as well as other payments.

6. Test results and their consequences

The new employee got a job with a probationary period. At the end of the test, the employer did not inform him of the results of the test, and the employee continued to work. Two weeks passed. Unexpectedly, the employer announced that the employee had failed the test and would be fired as a result. Did the employer violate the law with his actions?

In this situation, the employer made two mistakes at once. Firstly, if the test 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 ( Art. 71 Labor Code of the Russian Federation). Secondly, under the same article, if the employer is dissatisfied with the results of the test, he has the right to terminate the employment contract with the employee before the expiration of the employee evaluation period. But at the same time, he must notify the employee about this in writing three days in advance, indicating the reasons that served as the basis for recognizing him as having failed the test.

So, in this case, the employer did not give the employee three days' written notice, giving reasons, that he failed the test. And only after two weeks, when the person continued to work, he verbally announced the decision to fire him. Based on all of the above, it is unacceptable to dismiss an employee as having failed the test.

By the way, the Labor Code of the Russian Federation reserves the right for the employee to appeal the employer’s decision on an unsatisfactory test result in court. And in this case, special attention is paid to the formulation of the reasons why the employee was not satisfied with the employer. In this case, all statements of the employer must be supported by relevant evidence. The court will be critical of dubious, vague formulations.

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

Please note: not in two weeks, as with a regular voluntary dismissal, but in just three days.

So, we have looked at the most common situations in life. Let's repeat the most important rules.

Results

Let's once again list the points that are worth paying attention to:

1. There are categories of employees for whom a probationary period (PT) is not provided at all.
2. If the IP is not included in the contract, it means that the employee, from the point of view of the law, was hired without an IP.
3. Concluding a fixed-term employment contract for the period of IP is prohibited by the Labor Code of the Russian Federation.
4. IP must not exceed three months. The only exceptions are managers and chief accountants. For them, the maximum IP is 6 months.
5. When concluding an employment contract from 2 to 6 months, the IP should not exceed two weeks. And if a fixed-term employment contract lasting less than 2 months is concluded, IP is not provided for in a fixed-term employment contract at all.
6. The salary for the IP should not be lower than the salary existing in the staffing table for a specific position.
7. If the employee does not pass the IP, the employer is obliged to notify him of his decision in writing three days in advance, indicating the reasons.
8. If the IS is over and the employee continues to work, then it is considered that he has successfully completed the IS.
9. If an employee decides during the period of employment that this position is not suitable for him and decides to quit, he is obliged to notify the employer of his decision three days before dismissal.

Remember that stability and reliability are usually where the employer complies with the law. If you get a job where you are initially asked to act illegally, then be prepared for the fact that in the event of a disagreement it will be much more difficult to defend your rights.

When the job search has been successfully completed, the resume has been approved, the interview is over, and all that remains is to start working, the applicant often must pass the last test - undergo a probationary period. This is the period provided for by law when the employer can evaluate the qualities of the employee and decide for himself the issue of long-term cooperation with him. And he, in turn, will try himself in a new place and decide whether the proposed working conditions are suitable for him. If the parties are dissatisfied with each other, they can separate according to a simplified procedure in a short time.

Is it legal to be relieved of duty while undergoing probation?

The Labor Code of the Russian Federation states that the testing period is not too different for an employee from any other working time. Chapter 21 of the Labor Code of the Russian Federation explains that an applicant undergoing verification has equal rights and responsibilities with a permanent employee.

Differences between dismissal of a subject and general grounds:

• warning 3 calendar days in advance (instead of the usual 2 weeks);
• after the expiration of the probationary period, immediate release without service is possible;
• if at the end of the verification period the employee continues to work, this means that he has passed the test and from that day on is a permanent employee, protected by all points of the Labor Code without reservations.

So, the employer, of course, has the right to dismiss an employee at any time during the probationary period, and the reasons may be identical to those accepted for permanent employees.

IMPORTANT! The clause on the equal rights of employees also applies to remuneration: according to the law, it cannot be set in smaller amounts, citing a probationary period. However, you can get around this limitation by fixing the salary and bonuses separately in the contract, or by officially raising the salary based on the test results.

"We don't owe you anything anymore"

Receiving a turnaround from the employer during the testing period, the unsuccessful employee has the right to all payments due to him by law:

• wage for the period of employment (the total length of service of the employee is taken into account);
• payment by sick leave(if this happened);
• compensation for unused vacation days (2.33 vacation days are counted for each working month). A month is considered worked if the employee was employed for 15 or more calendar days.

ATTENTION! Vacation compensation must be paid even if the person did not have time to work for the 6 months required to go on vacation for the first time.

With this form of dismissal, it is not necessary to demand payment of severance pay.

What funds are entitled to be withheld from an employee upon dismissal?

Tuition fee. If, during the tests, the applicant was trained at the expense of the company, which is reflected in the clause of the employment contract and/or in a special apprenticeship agreement, then sometimes full or partial payment for training may be withheld from the dismissed person. According to Article 249 of the Labor Code of the Russian Federation, by undergoing training at the expense of the employer, the employee thereby gives an obligation to work for a certain period in order to compensate for the costs, usually until the end of the testing period. If the dismissal occurs earlier, then the former employee may be deducted payment according to the days not actually worked.

Fines. A priori, an employee on a probationary period cannot be fined, since the very meaning of this period is to determine the suitability of his future position and ability to cope with his duties. In situations that threaten a permanent employee with a monetary fine, the person undergoing the test will receive a reprimand or be fired, as the employer decides.

Reasons for possible dismissal during the probationary period

Many people mistakenly believe that it is easy to fire a person during a test by simply expressing such a desire. An employee can leave without explaining the reasons for his decision, but the employer must have compelling, documented reasons provided for by law. They are the same for all employees:

• inadequacy of the applicant for the position provided, insufficient quality of the work performed - clause 2 of Article 40 of the Labor Code of the Russian Federation (must be documented);
• inability to perform fully professional responsibilities due to changes in health status - the same point;
• breaking the rules internal regulations, job descriptions, discipline requirements - clause 3 of Art. 40 (there must also be confirmations);
• unexcused reasons for absenteeism - clause 4 of article 40;
• showing up at the workplace drunk or under drugs – clause 7 of Article 40;
• criminal offenses – clause 8 of Art. 40.

Who cannot be fired during the probationary period

The law provides for special categories of citizens who should not be subject to checks during official employment. The following cannot be placed on a probationary period and, accordingly, dismissed under Article 71 due to failure of the test:

• pregnant women and those with young (up to 1.5 years of age) children;
• persons who have not yet turned 18 (officially, according to the law, employment can be obtained from the age of 14);
• applying for a specialized position in the first year after graduation;
• persons who were selected on the basis of a competition;
• invited from another organization;
• seasonal workers with less than two-month contracts.

Risks of the probationary period for the employer

Usually people are more afraid of going through a probationary period wage-earners, after all, dismissal under the relevant article (namely, Article 71 of the Labor Code of the Russian Federation), when a person did not pass the test of activity, is very unpleasant. The provisions of the law are largely aimed at protecting employees as a more vulnerable category. However, for the employer there are a considerable number of “pitfalls” that threaten legal proceedings, troubles with labor inspectorate and other problems.

Possible employer mistakes

1. Oral employment contract, deferred execution

   If the employee began to perform his duties with the knowledge of the employer, then a formal agreement with a clause on the existence of a probationary period must be concluded no later than 3 days. If this is not done, then the employee is formally considered hired without passing the test and can only be fired in the usual manner (Part 2 of Article 67).

   IMPORTANT INFORMATION! An agreement on a probationary period is allowed to be drawn up before drawing up an employment contract, and then a clause about it can be legally included in this document later.

2. Unreasonable reasons for dismissal

   When dismissing an employee on his own initiative, the employer must set out the reasons in writing. If the employee does not agree with them, the owner must be ready to provide documentary evidence:

   • customer complaints (written);
   • reports from the curator or other employees;
   • certificates on the quality of work performed;
   • recording absenteeism;
   • offense records;
   • a log of individual assignments for the testing period with recorded unsatisfactory results, etc.
3. Lack of awareness of the person being hired

   When challenging the dismissal, a negligent employee may plead ignorance of his responsibilities and accepted rules. Therefore it should become general rule Before employment, acquaint the applicant, against receipt, with the rules of work, job description, and safety requirements.

4. Violation of initial agreements

   The employer does not have the right to unexpectedly change the conditions specified in the employment contract (salary amount, time of testing, its conditions, etc.).

   IMPORTANT! It is necessary to ensure the correctness of the wording in necessary documents. Thus, an agreement on a probationary period is valid only when included in the employment contract. In addition, the combination “probationary period” is generally accepted, however, in legislative acts the term “test assignment” is fixed, and changing it can be qualified as an infringement of the employee’s rights.

5. Compliance with the dismissal procedure

   The notice of dismissal must be signed by an employee who is familiar with it on time, and if he refuses, a special document is drawn up - an act certified by two witnesses.

So, in order to properly part with an unsatisfactory job applicant during or after the completion of the probationary period, you need to strictly monitor compliance with the formal aspects of labor legislation.

Setting a probationary period for an employee when hiring is not a mandatory procedure. According to Article 70 of the Labor Code, such conditions may be provided for in an employment contract, but the state does not require this. As numerous surveys show, in most cases, employers still prefer to hire newcomers only after a trial period in order to verify their competence, ability to conduct business, and usefulness for the company. But can an employer fire you during a probationary period? Read more about this in today's article.

It is believed that such a period can be useful for the workers themselves. Behind a short time they will be able to make the final decision: do they want to stay in this place, or is it not suitable for them. In the case of the latter, the person has the right to notify the employer about this and leave the place without waiting for the end of the period. The employer can also terminate the relationship with the employee before the testing period comes to an end. But if the employee himself is not satisfied with this, he will have the right to ask the judicial authorities to intercede for him.

If the employer does not have a strong evidence base, as well as if there are errors in the paperwork, the court may decide to return the employee to his position or recover funds from the employer for the forced downtime of the dismissed person and the moral damage caused to him.

How long can the probationary period last?

The probationary period can last a maximum of six months. However, such a period, according to the Labor Code, is established only for applicants for leadership positions.

Test period dates:

• up to two weeks if we're talking about on concluding an agreement according to which the employee will perform his duties for no more than 6 months;
• up to three months if we are talking about a standard employment contract;
• up to 6 months when a person applies for the position of manager, chief accountant or deputy manager.

The inspection period can be extended only if the employee took time off or was on sick leave. At the same time, the Law provides circle of persons who are not entitled to a probationary period. This:

• women at different stages of pregnancy;
• underage;
• young professionals getting a job for the first time after graduating from university;
• employees who took up positions through competition;
• employees with whom a contract is concluded for a period not exceeding two months;
• employees who were transferred from one position to another within the same company or from one employer to another by agreement.

This list is not complete and may be supplemented by regional laws.

If dismissal occurs during the probationary period, the employer is obliged to notify about this 3 days before the termination labor relations. Exactly the same requirements apply to an employee who decides to quit on his own initiative: he will have to work three more days.

What could be the reason for dismissal?

To fire a probationary employee, the employer must have valid reasons. Of course, he can do this on the basis of his own preferences, without relying on legal requirements, but in this case he runs a high risk of losing in court if his now former employee wants to start litigation.

Reasons for dismissal:

• the employee fails to cope with his duties;
• often plays truant;
• does not comply with safety regulations;
• doesn't follow the rules labor discipline;
• behaves unprofessionally or his behavior discredits the company.

In principle, there could be many more reasons. It is important for the employer to have evidence of the validity of such a decision. Evidence base signed by the employee can serve job descriptions, safety regulations, company charter, completed reports on work done, absenteeism reports, complaints from clients or other employees.

No special justification is required for a resigning employee. If he wants to resign, this is his right, which he can use at any time, even during a testing period.

​To fire an employee, the employer must comply with certain rules. The main thing is to collect documents that confirm the validity of the decision to dismiss and the incompetence of the employee. After this, the employer is obliged to send a notice to the employee, in which it is necessary to indicate the exact reasons for the dismissal, and then issue a corresponding decree. A note about the delivery of the notice and the drawing up of the order must be entered in the order registration journal; the employee must put his signature in the journal confirming that he is familiar with the texts of the documents.

Within ten days, all funds due to the employee must be paid. This is not only wages, but also compensation if a person worked more than 15 days during due vacation, which the dismissed person did not take advantage of, sick leave payments if the employee took time off due to ill health. Compensation is calculated taking into account the time the employee spent at work and his total length of service. The company leaves in its archives a photocopy of the work book of the dismissed person, and the employee receives the book after making entries in it about the reason for the dismissal and the seal of the company. The work book must be handed over only by hand. If the person did not pick it up, he can be sent a notification by mail that he needs to come and pick up his document. Send the book by mail or courier delivery it is forbidden.

After the entire procedure, a notice of dismissal must be placed in the employee’s personal file.

If any of these points were not completed correctly or were not completed at all, the employee will have a better chance of proving wrongful dismissal in court.

What is useful to know

There are a number of features of dismissal during a probationary period that are useful to know for both employers and those hired:

• In this case, a two-week work period is not provided. Only a three-day period is allowed to complete all employment relationships.
• You cannot fire a person while he is on sick leave.
• When dismissing employees who receive material resources or important documents, the employer has the right to establish a procedure for receiving and transferring cases that does not contradict the Labor Code.
• All provisions of the Labor Code regulating dismissal during a probationary period have equal force for both government agencies both enterprises and private ones.

In Russian judicial practice There are many cases when employees wrote complaints against their employers, who, in their opinion, fired them without any particular reason, at their own request. And the court often grants such claims. In some cases, it requires the employer to compensate the person, in others it requires the employee to be reinstated.

A dismissed employee can fight for his rights quite successfully in all those cases where the employer did not pay him the required funds after the probationary period, fired him without serious grounds, or did not familiarize him with job responsibilities or did not notify about dismissal three days before the order was issued.

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 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. 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, in given period non-working days are also included, 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 course of time periods with which this Code relates the occurrence 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 mandatory work, that is, dismiss him 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, 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.

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