The notice has not passed the probationary period. The procedure for dismissal on probation (nuances). The desired value is determined

Step-by-step instruction, considering the dismissal of an employee who has not passed the probationary period, will be an excellent help for the employer. But before considering the dismissal procedure if the probationary period is not passed, it is worth finding out what its duration is. According to Article 70 of the Labor Code Russian Federation, the probationary period (IP) is no more than 3 months. It will be increased to six months for those who plan to hold a leadership position. IP should not last more than 14 days if an employment contract was concluded for no more than six months.

Important: the IP account will not include those working days during which the employee was absent, was on sick leave, was temporarily unable to work. This information is important for the dismissal of a person who has not passed the probationary period.

IS exists to weed out incompetent personnel. The employer looks at a potential employee, evaluates the quality of his work, looks at how he gets along with the team. It is worth noting that they can be hired without passing the IS. It is necessary to prescribe that the probationary period will be completed in the employment contract. If this procedure is not carried out, then de jure IP will not exist. From a formal point of view, a person will be considered a full-fledged employee, and not passing IS.

Citizens unable to work for IP

Not every employee has to work for IS. There is a separate category of citizens who are not subject to this.

• Minor citizens. For persons under the age of 18, there is a "sparing" regime. They are entitled to more vacation days, the working day is somewhat reduced (by an hour or two, depending on age).
• The people who were chosen for workplace through legal competition.
• People who have been transferred from one organization to another with the mutual consent of both firms.
• Employees employed for less than 2 months.
• Pregnant women, as well as women raising children who have not yet reached one and a half years.
• Persons who have received education (higher, secondary), who for the first time get a job in their specialty. Such citizens cannot be forced to pass the IS if they came to work in the organization no more than a year after the end of their educational activities.

All the rest will work out the IP in the amount established by the Labor Code of the Russian Federation, if it was prescribed at the conclusion of the employment contract.

IS features. What days are not included in the IS

If it happens that the employee turned out to be incompetent, then the employer may have a completely reasonable desire to fire such a person. The employer can say goodbye to such an employee at any time until the IP is over. It is very important to remember that if the employer "missed" the end of the IP, then the hired person already becomes a full-fledged employee of the enterprise, and the dismissal procedure will take place in the usual manner. If the employer thought to fire a person after 3 months (or 6) established by the Labor Code of the Russian Federation, then he will not be able to say goodbye to the person, arguing this with the unsatisfactory result of the test passed. The term has expired - from an employee on IP, a person has turned into an equal, full-fledged employee of the organization. For the legislator, the end of the term is the result of a positively passed test.

It is necessary to mention one more situation, the occurrence of which is real. Suppose that during the IS the worker was ill for a very long time and in this way fell ill during the probationary period. Forced, unintentionally, unintentionally. Is such a person considered accepted permanent job? The Labor Code of the Russian Federation answers that it is not considered. It will be necessary to subtract such days from the IS. There are a number of other reasons that will not be included in the IP period:

• absenteeism.
• For some reason, the employee was not allowed to work.
• Absence from work in connection with the implementation of state / public duties.

Suppose a newly minted employee was sent on a business trip, a business trip. Will these days be included in the IS? The Labor Code of the Russian Federation claims that they will. Such activity will help to verify whether a person is competent or not.

Documents that need to be collected for the dismissal of an employee

Fire it is possible at any time (within the IS), but you cannot force an employee to leave the workplace for no reason. To dismiss an employee as having not passed the probationary period, it is necessary to collect a package of documents confirming his incompetence. Note: a failed employee can sue the organization if it fired him without giving reasons. Documentation proving the incompetence of an employee should / may include the following papers:

• Reporting authorities, dedicated to the fact that the employee does not cope with the duties assigned to him or performs them poorly.
• Characteristics, assessments, opinions of the person who controlled the employee during the IS.
• Documents confirming the release of the rejected, low-quality goods, proving that the employee is negligent in his duties.
• Evidence confirming that the employee skipped or came at the wrong time to his workplace.
• Complaints about an employee received from other employees of the enterprise and / or clients of the enterprise. Complaints of clients left in the complaint book are taken into account.
• If during the IS the employee was subjected to disciplinary liability, for example, for absenteeism, then this will also be a strong argument for his subsequent dismissal. Let the employer present official papers confirming that disciplinary responsibility took place, and he will receive legal right to dismiss a person who is on the IP.

The employer is recommended to provide the employee with an individual plan according to which he will work. Such a measure will help to better evaluate the result of human activity in the performance of specific tasks, a documented protocol will become a strong evidence if a labor dispute suddenly arises.

Having collected a list of official papers, the organization can safely proceed with the procedure for dismissing an unsuitable employee. But do not forget that all the above arguments will not be considered evidence if:

• The employee was not familiar with the instructions explaining what his duties are. No signature of the employee - no familiarization.
• The person was not told about the work schedule that exists at the enterprise.
• The employee was not familiar with safety precautions and other rules and regulations that exist at his workplace, affecting the course of his work. Example: during the IS, a person was engaged in the production of parts for a car. The employer did not explain the safety rules, did not conduct a briefing, did not tell about the features of assembling parts at this particular enterprise. If in this case the employee made a mistake while engaging in his activities, then it is forbidden to dismiss him on this basis. The employer will be responsible for this.

In some cases, it is better to find a compromise between the interests of both parties. Perhaps the employer's evidence is not so strong. It is better to solve everything humanly, without getting involved in labor disputes. Conclude a mutual agreement on dismissal. Arbitrage practice cites numerous cases where an employee managed to win the court over to his side only because the employer could not provide a sufficient strong evidence base. An employee can quit himself, so as not to complicate the situation.

Step-by-step instruction

Dismissal of an employee who has not passed the probationary period, step by step instructions:

• Having collected evidence and found suitable arguments, you can proceed to the dismissal procedure. Step One: Warning the employee in writing that they are about to be fired. You must submit a notice of termination no more than three days before the date of dismissal. The management sends the employee a notification about the unsuccessful passing of the test, be sure to indicate the reason for the reduction. The employee puts his signature on the paper received. This is necessary so that the employer can subsequently defend his interests in court. If a former employee starts to prove that he did not know about the notification, then his own signature will be an excellent argument in favor of the employer. If the employee refuses to sign, an act is drawn up about this, which is confirmed in writing by two witnesses.
• Step two. An order is issued stating that the employment contract is terminated. The order is issued in the form T-8.
• Step three. On the last day of the employee's work (aka the day of dismissal), the final settlement between the parties is carried out. The employee receives wages for the period of work.
• Step four. On the same day former employee picks up his workbook. It records that the contract had to be terminated due to the unsatisfactory outcome of the work during the trial period. They refer to the same 71 Art. TK RF. If a person does not come for a book, then a letter is sent to him so that he appears. When the letter is sent, the responsibility for the document passes to the former employee.

Thus, it is quite possible to dismiss someone who has not passed the probationary period. You need to bring the evidence base and follow the four steps indicated above. Probation and dismissal are closely related, because IP exists to weed out unsuitable candidates.

Attention! In connection with latest changes in legislation, the legal information in this article could be out of date!

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The trial period is essentially an additional test test, which is appointed by mutual agreement. This is the time when the company can take a closer look at the employee, and the employee at the company, and break off relations relatively painlessly at any time.

Unfortunately, this “relative painlessness” gives employers the illusion that an employee on probation can be easily fired at any time, guided solely by their own desire. In practice, not everything is so simple.

Can be distinguished three main reasons, according to which an employee can “fail” the probationary period:

1. Inconsistency of the employee's qualifications with the functions performed. The most common reason, the roots of which lie in the incorrect assessment of the candidate at the interview.
2. Didn't fit in with the team. One of the most "slippery" reasons, because it is the most difficult to measure. Sometimes it happens that an employee does not fit into the existing company corporate culture, does not support certain moral values, behaves differently than is customary in a given, specific organization, etc.
3. Violation of labor discipline. According to statistics, one of the rarest reasons for layoffs on probation. As a rule, adequate employees do not allow themselves gross violations discipline and most often this reason "covers" the true - professional incompetence, which is simply much more difficult to prove in fact.

Each of these reasons must be documented and justified.

In an ideal situation, in order to determine whether an employee successfully passes the probationary period or not, it is necessary to determine the success criteria at the time of signing the employment contract.

AT Russian companies, KPIs (Key Performance Parameters) are rarely formed "at the entrance" to the company, but meanwhile - they could serve as excellent tools for evaluation.

Who makes the decision?

During the trial period, the final decision to dismiss an employee who has not passed the test is made by his line manager, but it is formed, as a rule, on the basis of the feedback collected from colleagues working closely with the new employee.

Thus, decision may be influenced by: employees of the personnel management department supervising the passage of the probationary period, line colleagues, members of the project team, the head of the department, subordinates of the employee, etc.

A separate category includes the process of dismissal on probation CEO. In this case, the decision is made by the board of directors, the owner of the company, the managing partner or another body with the necessary rights.

When do you need to decide?

This coin has two sides:

• on the one hand, the employer is interested in assessing whether the employee is suitable for the position or not as soon as possible, since he spends resources on his personal and professional adaptation;
• on the other hand, everyone has a different speed of adaptation and it is possible that the employer, in a hurry, will make the wrong decision, without waiting for the employee’s potential to be revealed, and he will again incur losses.

There is a way minimize risks. The secret is in carefully planning the onboarding process and developing milestone patterns of success. The more clearly the employer himself understands what he wants from the employee, the higher the likelihood of a relevant assessment of his results:

1. Break the trial period into stages;
2. Prescribe tasks and goals for each of the stages;
3. Think over the evaluation system of each stage;
4. Properly collect feedback.

Technically, the company has the right to make a decision on non-probation by an employee at any time.

Competently dismiss

So, let's say the decision has already been made, the conclusion that the employee has not passed the probationary period has been made, now the employer is faced with the task of correctly formalizing the dismissal based on the results of the probationary period, because dismissal is always a risk of getting a lawsuit from an offended former employee.

Procedure

Consider the procedure in stages:

1. We prepare a justification (as a rule, the department of personnel management or personnel is responsible for this stage) - documents confirming the failure of the probationary period:
   
   • memos from the line manager about the improper performance of official duties by the employee;
   • acts, reviews and characteristics from the head, colleagues;
   • minutes of the meeting of the decision-making commission, etc.

   Also, the employer must have written reports from the employee on the fact of work performance and explanatory notes on the fact of non-performance.

2. In case of violation of labor discipline, it is necessary to prepare acts indicating violations, as well as explanatory notes from the employee himself.
3. Warn the employee in writing about the upcoming dismissal, no later than three days before the date of its occurrence, by sending him a notice of failure to pass the probationary period with reasons.
4. Obtain a signature from the employee on the received copy of the notification.
5. Issue an order to terminate the employment contract.
6. Make a settlement with the employee on the day of dismissal.
7. Make an entry in the work book and give it to the dismissed employee.

In order for the employer to have the opportunity to do everything correctly and according to the law at the stage of dismissal, when signing the employment contract, the employee must be familiarized with his job description.

Failure notice

There is no single form of notice. The only thing that is regulated is the presence of mandatory reasons for not passing the test. A sample might look like this:

Entry in the workbook

The entry in the work book is standard: the necessary article of the Labor Code of the Russian Federation is indicated, the number and date of the order are fixed, the signature and seal of the organization are affixed. A sample entry might look like this:

Employer risks

Even if you do everything as competently as possible, there is always a risk that the offended employee will go to court to challenge the reasons for not passing the probationary period. In order to be sure of a positive outcome of the case, the employer must bring all possible risks to a minimum.

Common Mistakes

1. untimely notice of dismissal;
2. the absence in the employment contract of a written clause on the appointment of a probationary period for an employee;
3. insufficient justification of the reasons;
4. lack of familiarization with the job description at the time of signing the employment contract.

Arbitrage practice

Labor legislation does not regulate a specific list of documents required to justify dismissal for reasons that the employee did not pass the probationary period, as a result of which each case is considered on an individual basis with the determination of the sufficiency of the evidence presented.

The court, which found such a dismissal unlawful, may oblige the company to reinstate the employee in his previous position and pay compensation:

1. Salary for the period of forced downtime;
2. Compensation for legal costs;
3. Compensation for moral damage.

Useful video

Watch a video about the reasons for not passing the probationary period, how the fact of improper performance of functional duties is established:

According to Russian judicial statistics at the moment, the vast majority of cases considered are resolved in favor of dismissed employees, which indicates that employers, wittingly or unwittingly, continue to make mistakes when filling out the dismissal procedure during a probationary period.

In contact with

The current labor code gives the employer the opportunity to take a closer look at a new employee, to check him in action. This test is called a "trial period". Indeed, it is sometimes difficult to be confident in a person, relying only on his educational documents and records in work book. In addition, each workplace has its own specifics, and the successful performance of duties in one organization does not guarantee that the employee will also be successful in a new workplace.

Meanwhile, it is not so easy to fire an employee who has already been hired. Labor Code protects the interests of the employee and without serious violations on his part, it becomes difficult to replace a far from the best candidate. This is where the probationary period comes to the rescue of the employer.

The fact is that while the probationary period lasts, it is possible to dismiss an employee simply because he is not doing his job well enough. But so that subsequently the employer does not have problems with labor inspectorate so that a negligent employee cannot challenge the dismissal in court, it is necessary to take seriously the execution of documents for hiring with a probationary period and the dismissal of an employee who has not passed the test.

If the probationary period was not documented and the terms of dismissal

In order for the employer to have the opportunity to dismiss an employee who has not passed the test, the probationary period must be fixed in the employment contract with the employee and in the order for his employment. In Art. 70 of the Labor Code of the Russian Federation also describes the method of registration of a probationary period in the form of an agreement that must be signed by the employee before starting work.

Thus, if the employee actually started work without signing an employment contract or agreement, this means that the employer hired him without passing the probationary period.

In addition, the law establishes a number of categories of workers for whom no probationary period can be established at all.

An employee who has not passed the test can be fired during the entire probationary period on any day. If at the end of your probationary period the employee has not received a notification about the upcoming one, then he is considered to have successfully passed the probationary period, and subsequently it will be possible to dismiss him only on general grounds (?).

It should be noted that during the probationary period, the employee may take, (with or without pay), a day off, may be absent from the workplace due to downtime, exclusion from work or suspension from work, perform public or state duties, may, finally, ...

Here the employer needs to know that The probationary period includes only actual hours worked. that is, the probationary period is extended by the number of days during which the employee was not present at the workplace for a good or bad reason.

How to justify?

There is a misconception among employers that during the entire probationary period it is permissible to simply dismiss the employee without giving any reason, simply because it "didn't fit". This is completely wrong, and this action can be protested by the employee in court, and the employee himself, by a court decision, can be reinstated in his workplace.

To avoid such problems, it is necessary to prepare thoroughly for the possible dismissal of employees who have not passed the probationary period. The following documents can serve as confirmation of the legality of the dismissal:

• memorandums of the immediate supervisor;
• acts on the release of low-quality products;
• complaints from colleagues and clients;
• explanatory notes of the employee on the facts of non-fulfillment of tasks or violation of the rules of labor discipline;
• various disciplinary actions;
• reviews, characteristics of managers, mentors responsible for passing the probationary period.

Naturally, it is absolutely not necessary to have all of the above documents, but it is desirable to prepare at least a few such evidence of dishonest or unskilled work.

If subsequently the employer nevertheless decides to leave the employee to continue cooperation, these documents simply will not be needed. But their presence makes the claims against the employee much more significant.

Documentation

If the employer decides to formalize the dismissal of a person who has not passed the probationary period, then he should be warned in writing about the upcoming dismissal 3 working days in advance. The notice of dismissal is drawn up in 2 copies, upon delivery, the employee must put the date and personal signature on the copy of the employer. If the employee refuses to confirm the fact of receipt of the notification, then a corresponding entry is made on the copy of the notification, which must be confirmed in writing by two witnesses.

An entry is also made in the work book about dismissal due to an unsatisfactory result of the probationary period. Employment history issued to the dismissed employee against a personal signature on the last working day, if he is present at work that day. In his absence, on the same day, a notification should be sent to him by registered mail about the need to receive a work book, so the employer will protect himself from possible claims about an untimely issued work book.

The employee must also receive the final cash settlement on the last working day. And in his absence - the next day after applying for the calculation.

At the same time, it should be remembered that no severance pay upon dismissal without passing the probationary period is not allowed.

It can also be noted that under the conditions of the probationary period, the employee has the same rights as the employer, that is, he can quit by warning the employer 3 days in advance if he decides that the working conditions do not suit him.

Although it is easier to arrange for an employee to leave during an internship than to start after a probationary period, it is clear that this action requires carefully prepared documents and additional time and effort on the part of the employer. Meanwhile, many employees, understanding the intention of the employer to dismiss them under Article 71 of the Labor Code of the Russian Federation, are often ready to compromise and terminate the employment contract by agreement of the parties, which is much less labor-intensive for the employer, and often saves him a lot of nerves.

When accepting a new employee, the employer does not know his business and personal qualities. The information indicated by candidates in their resumes when applying for a job is not always true, though.
It is to test the suitability of a person for a particular job and to simplify the dismissal of newly settled, but unskilled personnel, the Labor Code of the Russian Federation (hereinafter referred to as the Labor Code of the Russian Federation) introduced the legal institution of a probationary period.

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Probation

Concept definition

The Labor Code of the Russian Federation in Article 70 does not give a legal definition of the concept of a probationary period, however, it indicates the purpose of its introduction, namely, checking the compliance of a person with the work assigned to him.

The specified period does not provide any concessions and advantages to either the employee or the employer in the process of work.

However, he motivates the new employee for short term show all his merits and gives the organization time to consider it and decide whether such a person is needed in the enterprise.

Information about the availability of a period for testing must be present in the employment contract and only in it. An indication of it in the internal documents of the enterprise, for example, in an acceptance order, is void.

There is another tricky rule. The trial period always precedes the actual performance job duties. So, you can’t allow a person to work and set a test for him in a week or formalize it with a separate agreement after signing an employment contract. Always first comes the establishment of a test and only then the execution of labor functions.

In addition, the test period is not rubber and its scope is clearly indicated in the same article of the Labor Code of the Russian Federation:

• No more than six months for managers, chief accountants and their deputies.
• Three months for ordinary workers.
• A different term for civil servants and other categories in accordance with separate federal laws.

For persons who have signed an employment contract for several months - from two to six - maximum term trial is two weeks.

If within the period allotted for the test, the employee falls ill, this stops his course, but is not the basis for a decision on his failure. The trial period does not affect the term or payment in any way. sick leave.

Possible results

The test can be compared with a competition, which must be passed by a candidate who wants to enter the public service and here also, perhaps, only two outcomes: passed it or not.

If the employer has decided that the employee is suitable for his enterprise, then, in fact, he does not need to do anything. In this case, the law considers the organization's inaction to be its agreement that the employee has successfully passed the test. That is, if three days before the end of the probationary period, there was no notice of dismissal from the company's management, and the next day after its completion, the employee was allowed to work, then the test was passed, and the employee can continue his activities without additional paperwork.

When the employee himself did not like the position, he can, having warned the management in writing three days in advance, quit without any working off.

This is only possible within the period for which the test is established.

The employee, according to the employer, may fail the test. At the same time, it is the opinion of the management that is important, and not the trade union or the employee himself. In this case, the employee is not even paid severance pay.

Dismissal as not having passed the probationary period

Causes

Today, almost all employers include a test in their employment contracts, as this guarantees him the opportunity to dismiss an unsuitable employee in a simplified manner.

Such a term does not give the employer other advantages.

The law indicates a very vague wording - an unsatisfactory test result. There are no clarifying criteria, so employers have to insure themselves and, upon dismissal from the probationary period, draw up documents confirming this.

The most common reasons include:

• Violation of labor discipline. This can be confirmed by acts of lateness, memos on non-fulfillment of tasks issued in writing by the immediate supervisor, acts on the release of marriage, complaints from citizens, an act on smoking in the wrong place.
• Failure to fit into the team. Often the real personal qualities of a new employee break the climate in an established team, destroy it. Such a conflict employee may be dismissed based on the characteristics of the manager, reviews of other employees of this department.
• Labor incompetence. Only in real work can one see the level of training and knowledge of a specialist, since today even a red diploma is not an indicator of literacy. It is one thing when a student with a small salary is hired, and quite another if it is a highly qualified Technical Specialist on which entire systems depend.

The best option for the employer is to create individual tasks for the test subject, both theoretical and practical, which he will hand over to the manager. Everything is similar to field trip At the institute. The result of their implementation is best displayed in acts, test control logs, and reports.

Notification

The employee must learn about his dismissal due to the failure of the test no later than three days before the issuance of the relevant order. A similar rule applies to employees who wish to quit during the probationary period.

Notification is always made in writing in two copies.

On the notice that remains with the employer, the employee must personally make a record of its receipt, indicate the date, time and put his signature with its transcript.

It is advisable to indicate in the document the reason for not passing the test with references to evidence (acts, complaints). This will save the employee's time and give the subject full information about why he will be fired.

The law provides for a scheme for the action of a responsible employee when a person refuses to receive a notification. Then the signature of two witnesses is required, stating that the employee (his full name) refused to receive this notification, then the date, time, signature, transcript indicating the position.

Entry in the workbook

This is done three days after the notification is given. It must contain a reference to Article 71 of the Labor Code of the Russian Federation and contain the words "in connection with the unsatisfactory test result."

An internal document confirming the dismissal is also issued and registered in the ledger exactly three days after the employee receives the notice.

A book is issued only to the employee personally and after he leaves his signature in a specialized accounting book.

Calculation

The final calculation of the dismissed person who failed the test is made only on the day the order is issued.

It consists of unpaid wages for the time worked, sick leave payment, if any, and compensation if there is unused vacation.

Article 71 in part 2 imperatively establishes that the dismissal of an employee who has not passed the test is carried out without paying him a severance pay.

Who can't be fired?

The law contains a list for whom the legal institution of a trial period, in general, cannot be applied. Pregnant women and women who have a dependent child under the age of one and a half years are especially singled out.

Even if a test is specified in the employment contract of such women, this condition is void and does not give the employer any rights to their simplified dismissal.

In this case, the employer is less protected, since a woman, when applying for a job, can hide the fact of pregnancy or become pregnant during the test. From a legal point of view, it doesn't matter. It is impossible to fire a pregnant woman, even if she did not pass it.

The only option is possible if the pregnant woman has concluded with the employer fixed-term contract. Only after the expiration of the contract itself, dismissal is possible.

There are difficulties with the second criterion - the presence of a minor dependent. So, during the period established by Art. 70 of the Labor Code of the Russian Federation, a woman can adopt a child under the age of one and a half years. Thus, she will automatically fall under the category of women who have a child under the age of 18 months, and even the probation period established before that will burn out. It will not be possible to dismiss her with the wording as having not passed the test, but only in the general order.

1. minors;
2. persons with whom an employment contract has been concluded for only two months;
3. employees transferred to another employer by agreement with the previous one;
4. a citizen elected by the people to a paid position;
5. students who first came to work within a year from the date of receiving a diploma of secondary or higher education in accredited educational institutions;
6. employees who, before getting a job, passed the relevant competition in accordance with the Labor Code of the Russian Federation or other regulatory legal acts.

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Controversial moments of the procedure and judicial practice

In vain, many employers believe that they should not motivate the dismissal of a person from a probationary period.

Often, the courts, without receiving any written evidence during the process, confirming the words of the organization, reinstate the employee. Even if the Labor Code of the Russian Federation does not disclose the content of the test itself, leaving the development of its scheme to the employer, but it must be, moreover, in writing, indicating the responsible leader and with the obligatory compilation of its results, reports by the test subjects and the leader.

Only then will it be clear to the court what the employee had to do, how he did it and whether it was on time.

It is very important for the employer to have a document where the signature of the subject will confirm the issuance of tasks to him, and the date is indicated. So, the court will make sure that the employee knew about the nature of the test and its timing.

A very common mistake of managers is to allow an employee to perform labor functions with the subsequent conclusion of an agreement and the inclusion of test conditions in it. It is illegal. The company, having dismissed such an employee under Article 71 of the Labor Code of the Russian Federation, is guaranteed to reinstate him at work by a court decision and pay compensation. For the time sheets, the testimony of colleagues, the date of issue of the pass, or overalls will testify in favor of the employee.

The court will immediately take the side of the employee, according to the organization, who failed the test, if he was not familiarized with the signature before the start of its implementation with the main documents regulating the employee's activities:

1. With a work or official instruction, where his labor duty is clearly defined. A person must know what he is obliged to do in his work (position).
2. With a document approving the rules of conduct within the organization. What time to come and go, when is lunch and a break, where you can smoke and eat. Only with the personal signature of the employee can he be punished for being late, lack of work clothes, and not undergoing sanitization.
3. Specialized acts of the organization relating to his labor duties (safety regulations, maintenance of complex devices, carrying out certain types of work).

It will be a big mistake for employers to consider the probationary period as a kind of loophole for easy dismissal of an employee they don’t like, which, as in this case, you need to be able to correctly argue and prove your position if the one who has not passed the test goes to court. Otherwise, the company is guaranteed to lose the lawsuit, you will have to reinstate the person at work, pay him a rather large compensation. The test subjects, however, should be more serious about the assignments issued, because the presence in the work book of a record of dismissal with reference to Article 71 of the Labor Code of the Russian Federation is unattractive for other employers and can complicate the job search.

Current legislation allows employers to hire employees, subject to the mandatory completion of a probationary period. In case of unsatisfactory results, the director of the organization may, on his own initiative, terminate the employment contract with the person. A step-by-step instruction for the dismissal of an employee who has not passed the probationary period is provided for by the Labor Code of Russia and requires full compliance with the sequence of actions and deadlines. Otherwise, the termination of cooperation may be considered illegal.

Basic moments

Labor legislation establishes that the establishment of a probationary period for employment is solely the decision of the employer. In order for this event to be completely legal, the need for the employee to pass the test must be recorded in the employment contract and the order for hiring a person - part 4 of Art. 57 Labor Code of Russia.

It is important to know! If these documents do not contain a record of the need to pass the test, then dismissal due to unsatisfactory results is completely illegal - Art. 70 of the Labor Code of the Russian Federation.

The maximum trial period is:

• three months for ordinary employees;
• six months for persons in leadership positions;
• two weeks for citizens with whom urgent employment contracts up to six months.

It does not include periods when a person was absent from work due to:

• with being on sick leave;
• with no access to work by decision of the head;
• with downtime due to the fault of the administration of the organization;
• with leave, including student leave and at their own expense;
• absent from work for unexcused reasons.

It is important to know! The time when a person is on a business trip is included in the probationary period, since, despite the absence from the workplace, he fulfills his job obligations.

In addition, the current legislation establishes categories of citizens who cannot be required to undergo a test. These include:

• underage workers;
• women with documented pregnancy;
• persons who are raising children under the age of 1.5 years;
• employees with whom a fixed-term employment contract has been concluded for a period not exceeding two months;
• individuals who have completed higher educational establishments and were employed for the first time within 1 year after graduation.

A person is considered to have passed the probationary period unsatisfactorily if during this period he could not prove his professional suitability and confirm the level of qualification. Among the main reasons for the dismissal of an employee during the probationary period, it is worth highlighting:

• low level of professional skills, which does not allow performing the tasks assigned by the head in the proper form;
• poor health, confirmed by relevant documents;
• repeated violation of labor discipline - absenteeism, being at the workplace in a state of alcoholic or other type of intoxication, immoral behavior;
• committing a crime for which a person was prosecuted.

It is worth considering that a person’s failure to pass the test must be documented. Otherwise, the dismissal will be declared illegal, which will allow the person to achieve reinstatement in the workplace.

Dismissal procedure

When carrying out the dismissal procedure, the head of the company must be guided by Art. 71, 84.1, 127 and 140 of the Labor Code of Russia. To prevent the occurrence of negative consequences, it is recommended to adhere to the following algorithm when terminating an employment contract with a person who has not passed the test:

• a document is being collected that can confirm that a person has not coped with the test;
• the person is notified of the impending dismissal. For this, a special notice is drawn up. It must indicate the reason why the person is recognized as not having passed the test. The document must be drawn up in 2 copies: the first with the signature of the employee remains with the employer, and the second is given to the employee. If a person refuses to sign the notification, an appropriate act is drawn up. Notification of a person must be carried out 3 days before the dismissal;
• a dismissal order is issued, with which, under the signature, it is necessary to familiarize the employee;
• the main documents are prepared: an entry is made in the work and personal card of the employee, a settlement note is filled out.

Sample of filling out the pay slip - front side
Sample of filling out the pay slip - reverse side

On the last working day, a full payment is made with a person. He is issued wage, compensation for leave, as well as basic documents, including those requested on an individual basis.

After dismissal, if a person is liable for military service or a payer of alimony, then the employer is obliged to send the relevant information to the military registration and enlistment office or bailiffs.

Paperwork

The current legislation does not provide for evaluation criteria professional qualities the employee, which obliges the employer to be attentive to the reasons for the termination of the employment contract based on the results of the test. In addition, the Labor Code of Russia does not establish a complete list of documents that must be considered when making a decision to dismiss. Therefore, an employer can use any documentation that proves a person's incompetence, including:

• memos from the heads of departments or colleagues of the person;
• conclusions about poor-quality work performed;
• acts with a recorded violation of discipline by a person.

It is important to know! To prevent the occurrence of labor disputes, it is recommended to demand an explanation from a person, since an unsatisfactory result of the work performed may be the cause of circumstances beyond the control of a person.

Labor legislation allows the employer to appoint a probationary period, as a result of which a person can be dismissed from his position. The dismissal procedure must be carried out in strict accordance with the norms provided for by the current legislation. Otherwise, the person will be able to challenge the dismissal and seek compensation.