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Dismissal on probation. Dismissal at will during the trial period

Many employers hire potential employees to a probationary business. This is a fairly common practice. During this period, the employer can verify the qualifications of a specialist before placing him on staff on an ongoing basis. However, there are situations when the head of the enterprise understands that a person is not suitable for him. Let us further consider how dismissal is carried out during the probationary period. probationary dismissal

General information

Many employers think that hiring a citizen for a probationary period simplifies the procedure for refusing further cooperation with him. However, this opinion is not entirely true. The Labor Code contains cases in which dismissal is allowed during the probationary period and after it.

Employer Initiative

In the event that the employee’s work during the trial period does not suit the management, then it has the right to refuse to continue cooperation with it. This takes place if the specialist does not properly fulfill the requirements that are presented to him according to the contract. However, the incompetence of the employee should be proved. An unjustified dismissal of an employee during a trial period may be appealed in court. Upon satisfying the requirements of a specialist, he will be reinstated without any additional checks at the enterprise.

As an argument, the employer must provide real evidence confirming the citizen's improper performance of duties under an employment contract. Dismissal on a trial period may be associated with absenteeism, non-compliance with discipline in the enterprise, incompetent behavior, and so on. As you can see, the grounds for refusing to continue cooperation in this case are similar to those that apply to full-time specialists. The manager must notify the employee three days before the dismissal will be made on probation. The order must indicate specific and justified reasons. dismissal during a probationary period

Dismissal probation, employee's own desire

Often, not only the employer, but also the specialist himself, has a desire to stop further cooperation. In this case, dismissal takes place on its own. The trial period may not yet end. During the inspection period, the specialist may conclude that working conditions are not suitable for him, or he will not be able to properly fulfill the obligations stipulated in the contract. To terminate cooperation, he needs to write a letter of resignation.

The trial period is not a reason for rejection of this request. Moreover, the employer is obliged to accept it and satisfy without explanation. In this case, a written notice must also be submitted three days before the dismissal on the probationary period is formalized, or before the end of this period. It should be said that this procedure has its own characteristics. Consider them. dismissal on one’s own probationary period

Dismissal on probation: working off

A number of tenant rights are established in the TC In particular, upon dismissal of a full-time employee with whom an indefinite or fixed-term contract has been concluded, the employer has the right to demand completion. She is two weeks old.When dismissing a specialist who did not pass the test (is on probation) or wrote a statement "on his own," the situation is somewhat different. Consider the case when the employer terminates the employment relationship with an employee who has committed a disciplinary offense (absenteeism, for example, during an inspection).

The head has the right to demand an additional three days of work from a specialist. The same holds true for dismissal during a trial of one’s own free will. If, after the end of the audit, the enterprise that hired the citizen does not continue to cooperate with him, or the specialist himself decides that such activity is not suitable for him, it is not allowed to establish additional working days. The law also provides for the signing of a mutual agreement on dismissal without practicing until the end of the test. dismissal probation own desire

Sick

Employees admitted to the company with a probationary period do not differ from full-time specialists. They may become ill and be absent from the enterprise for this reason. In such situations, dismissal during the trial period will be somewhat difficult. The provisions of the Labor Code do not allow termination of the contract with an employee during the period of his disability associated with the disease and confirmed by the relevant papers.

In this case, it does not matter whether the specialist is on a full-time basis or is working on a trial period. In this regard, termination of employment is allowed only after the sick-list is closed. If the probationary period ends by this date, the employer has the right to increase it. This is due to the fact that sick days cannot be counted during the test period. If the probationary period is extended, but the employer still wants to dismiss the employee, the manager can notify him 3 days in advance or wait for the end of the period. dismissal of an employee on probation

Director and financially responsible specialists

The procedure for their dismissal does not differ much from that for other categories of employees for whom the test ended unfavorably. In these cases, it is allowed to require an additional three-day performance of duties at the enterprise. The Labor Code provides for the right of the organization’s leaders to establish the procedure for the transfer and reception of cases when replacing materially responsible specialists. It should be fixed in the local regulatory documents of the enterprise and comply with applicable laws. It should be remembered that these persons bear personal responsibility in case of failure or failure to return the property entrusted to them. dismissal on probation

Preparation of documentation

Dismissal during the test period is carried out according to a certain scheme, all of which are mandatory. First of all, documents are prepared that confirm the employee’s incompetence, facts illustrating that he does not meet the requirements that are presented to him under the employment contract, improperly performs duties, violates discipline, and so on. Evidence may be memos direct supervisor of the specialist, explanatory, drawn up by the employee, complaints from customers and so on.

All of this evidence must be in writing. Next is a notification. In it, the head of the enterprise notifies the specialist that he will be dismissed, gives reasons and confirms them with evidence. The notification is transmitted to the employee against signature and is recorded in the appropriate journal. After this, the order is approved, according to which the labor contract with the citizen is terminated. This act is also recorded in the journal. The employee, having read the order, signs, thereby confirming the fact of familiarization.After that, a specialist must be paid a salary and other deductions due to him (for example, allowance for unused vacation). application for termination of probation

Labor grade

After the termination of the dismissal procedure, payment of salaries and other compensations, entries are made in the documents of the employee. In particular, the mark is put in the work book. The entry may be as follows:

"The validity of the labor contract was terminated at the initiative of the employer in connection with the unsatisfactory result of the test, Article 71. Labor Code."

You should make a copy of the page with this mark and leave it at the enterprise. The work book is returned to the employee. The same entry is made in the personal file or employee card. It may look similar to the one above.


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