Almost every organization has a trial period. This period of time is needed in order to look at the employee in business, how much he copes with his duties, as well as the skills and knowledge stated in the questionnaire. But it happens that an employee during the test is clearly not suitable for the company and must be fired. Then he must be given a notice of non-completion of the probationary period. A sample of this document should be in every organization.
What are the nuances of this procedure and how to do it correctly under the law?
Grounds
During the test, the employment agreement can be terminated both at the request of the employee and at the request of the employer.
If an employee for any reason does not want to work in this organization, he is obliged to notify his superiors even on a trial period of termination of the employment agreement. 
Dismissal during a probationary period at the initiative of the employer may occur when he is dissatisfied with the employee’s work or with unsatisfactory results of verification after training. In this case, the employee needs to declare that they have failed the test and terminate the agreement.
But you can’t just take and dismiss an employee. You need to back up your decision with strong evidence:
- poor performance of tasks;
- failure to fulfill assigned duties;
- inability to perform assigned work to the extent necessary;
- qualification mismatch;
- systematic violations, ignoring the rules and regulations established in the organization;
- violation of labor law.
The reasons for the breakdown of labor relations when the test line is not passed should not be generalized, but rather concrete.
Employer obligation
It will be considered a mistake that for an employee who has not passed the test, only notification of this fact is sufficient.
The employer's direct responsibility is not only to comply with the dismissal process from beginning to end, but also documentary evidence of termination of the contract due to failure to pass the probationary period. 
For this, during the test it is necessary to provide the employee with those duties that are directly related to his position. Writing assignments may be troublesome for the company, but is more acceptable from a legal point of view. The employee must provide reports on the work done. Based on these documents, the employer can prove that the employee performed his work unqualifiedly and, therefore, did not pass the test.
In order for the dismissal to be justified and lawful, it is necessary to correctly hire an employee. The fact of the probationary period must be indicated in the labor agreement. It is also necessary to prescribe what payments and in what amounts are due to the employee during the test. The most important thing is that the document contains the signature of the employee. This means that he is satisfied with all working conditions and passing the probationary period.
The order indicates the duration of the test. It is also necessary that the employee familiarizes himself with the document on passing the test and put his signature.
Any violation of labor legislation, as well as inattentive attitude to paperwork by the management, may lead to disagreement of the employee with the reason for dismissal and appeal of this fact in court. And the court will be on the side of the former employee, and this threatens the organization with fines and various compensations.
Do not forget about the notice of failure to pass the probationary period, a sample of which should be in every organization.
How to fire
Management has the right to dismiss an employee at any time during the test, if this is provided for by labor law and does not violate the rights of the employee. Strict formalities are required. 
How to dismiss an employee for not completing a probationary period? Consider the step-by-step algorithm of this process:
- Preparation of documentation that confirms the legal basis for the decision.
- Presentation of a notice confirming the dismissal due to failure of the test. This document should contain information that caused the dismissal: untimely execution of assigned tasks, non-compliance with the rules of the working regime, disciplinary violations, poor-quality work.
- Execution of the order of dismissal. Here the employee is obliged to put his signature in agreement with the reasons and the fact of dismissal.
Employment record
If dismissal occurs on a trial period at the initiative of the employer, then the entry in the employment form must be made accordingly. According to all the rules of labor legislation, the labor is filled as follows:
- In the first column is written the serial number of the record.
- In the second column is the date of dismissal, which must coincide with the date of the order.
- The third column indicates the reason for dismissal and the article of the Labor Code of the Russian Federation to which the employer refers (Example: Dismissed due to unsatisfactory completion of the probationary period, part 1 of article 71 of the Labor Code of the Russian Federation). In the same column details of the authorized person and the employee are indicated.
- The fourth column contains information about the document on the basis of which the dismissal took place.
Payouts
In order not to reveal a violation of labor legislation, a laid-off employee who did not pass the test also has to pay in the calculation. This includes:
- wages for the time worked (it should not be intentionally reduced);
- compensation for unused vacation (these payments are made only if the employee has worked for at least 15 days).
All payments that are due to the citizen must be paid no later than the next day after dismissal.
Deadlines
According to the general rules, upon dismissal at the initiative of the employee, the employer may demand a working time of 14 days. If dismissal occurs during the test, then this period is significantly reduced. First, the manager must notify the employee three days in advance of the upcoming dismissal. Secondly, he must personally deliver a notice of non-completion of the probationary period (a sample document is presented below). 
By agreement of the parties, the employee may resign on the same day on which the notice is received.
Controversial Nuances
When a contract is terminated if the probationary period is not passed, various conflict situations may arise. The possibility of judicial intervention is not excluded. The cause of the controversial situation may be:
- unreasonable recognition of an employee as incompetent;
- non-familiarization of the employee with the job description;
- a notice of non-completion of the probationary period (sample above), which must be given to the employee, was not given to the dismissed person on time.
What should be paid attention to employees who take up a post with a probationary period:
- the presence of a written document that the employee signs in person;
- compliance with the terms of dismissal;
- the presence in the notification of the reason that is provided for in art. 81 of the Labor Code of the Russian Federation.
You should know that the date of dismissal should be within the trial period.