Certificate of failure to pass the probationary period. Dismissal of an employee as not having passed the probationary period: grounds

reservoirs 21.09.2019
reservoirs

Find out how to fire an employee who fails the test without risk to the company and justify the employer's decision in court. In the article you will find expert recommendations, templates for important documents and step by step instructions for the personnel officer.

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Is it legal to be fired during probation?

Yes, legal.

Dismissal during the period probationary period it is possible both on a general basis, for example, by decision of the employee himself, and in connection with an unsatisfactory test result (Article 71 of the Labor Code of the Russian Federation). If from the first days or weeks of work it is clear that the newcomer is completely unable to cope with the assigned duties, the employer is not obliged to wait until the end of the probationary period. An employment contract can be terminated at any time by notifying the employee in writing three calendar days in advance.

How to legalize dismissal

Dismissal of an employee on probation by decision of the employer is recognized as legal only subject to a number of mandatory conditions.

Before dismissing a rookie based on the results of the test, check:

  • whether there is indeed a probationary clause in his employment contract;
  • whether he is included in the category of persons who cannot be tested;
  • Has the probationary period expired at the time of termination? employment contract.

If it turns out that for some reason the employment contract does not contain a test condition, the employee is considered hired without inspections (even if there is such a condition in the employment order). Therefore, it is impossible to dismiss him on the basis provided for in Article 71 of the Labor Code of the Russian Federation.

It is also impossible to dismiss persons who cannot be placed on a test for employment: teenagers under 18 years old, young professionals who first entered a job in their specialty within a year after completing their studies, women with children under one and a half years old.

Step 3. Make sure there is no ban on dismissal

If the employee is on vacation or on sick leave, postpone the procedure until the day of his return, if the employee is pregnant, cancel the probation condition.

Step 4. Issue an order to terminate the employment contract

Use a unified form T-8 or locally developed form. Specify the number and date of execution of the order, details of the employment contract that is being terminated, as well as the reason for dismissal. For example:

  • Due to the unsatisfactory test result, article 71 of the Labor Code of the Russian Federation.

In the column "Basis" enter the names and details of the documents confirming that the dismissed person did not cope with the assigned work, certify the order with a signature CEO and seal, and then familiarize the employee with it against signature.

Step 5. Fill out work book and personal card

Use the same wording as in the order to terminate the contract. The entry in the work book must contain a reference to Part 1 of Article 71 of the Labor Code of the Russian Federation and the details of the order. This is required by the instruction approved by the Decree of the Ministry of Labor of Russia No. 69 dated 10.10.2003. In a personal card (form T-2), section XI is filled out.

Attention! Entries in the personal card and work book in without fail are certified by the signatures of the official who made them and the dismissed employee.


Step 6. Make the final calculation

On the last day of work, an employee who has not passed the test must receive a salary, together with all allowances due and monetary compensation behind unused vacation. Please note that the probationary period is included in the length of service and is taken into account when calculating the annual paid leave!

Also give the employee:

  • work book;
  • a certificate of the amount of earnings and special periods in the form approved by the order of the Ministry of Labor No. 182n dated April 30, 2013;
  • extracts from forms SZV-M, SZV-STAGE and section 3 of the calculation of insurance premiums.

Dismissal due to an unsatisfactory test result is not the easiest personnel procedure, threatening conflict in the future. To ensure that the employee has no reason to go to court, pay maximum attention to the documents: send a written notice of termination in advance labor relations, reflect the reason for dismissal in the order and work book, make the calculation on time. Collect and keep notes, reports and other documents confirming that the employee failed the test: if the case does go to court, they will help substantiate the position of the employer.

Employees whose probationary period is nearing its end often hear words from management that they have not passed this stage. However, there is no need to rush to conclusions and immediately think that your knowledge and skills do not reach the set standards.

No one can be fired without a reason, even an employee who is on probation. Such a serious decision requires undeniable reasons. The current legislation of the Russian Federation provides reliable protection employees from the arbitrariness of management and unjustified dismissals. The employer should not forget that if a former employee applies to a judicial institution, the legality of the dismissal will have to be proved as accurately as possible.

Permissible grounds

During the trial period, the legal relationship between the employee and the employer may be terminated at the initiative of both parties. For example, during the probationary period, the employee realized that working conditions or other criteria and features do not suit him. In this case, he must draw up a written letter of resignation according to own will.

The employer, having carefully considered the qualifications and skills of the employee, may also remain dissatisfied with his work. Then he has the full right to terminate the employment contract with the obligatory indication of the reasons for this.

The legislation of the Russian Federation provides for the possibility of using several legitimate arguments that serve as a reason for the dismissal of an employee undergoing a probationary period. These grounds include:

  • poor-quality performance of their professional duties and certain tasks received from the management of the organization;
  • failure to fulfill the duties that were assigned to the employee in accordance with his position;
  • serious delays in work, inability to complete the task on time;
  • violation of the internal regulations of the organization, deliberate disregard for existing norms and rules.

However, in such cases, each reason should be described as accurately as possible, without the use of general and vague formulations.

Responsibility of the management of the organization

The termination of employment relations, when the reason is the failure to pass the probationary period, is a responsible step for the employer. He must not only give the appropriate reason - he must back it up with appropriate evidence and document everything.

During the work of an employee on his probationary period, the employer is obliged to give him appropriate tasks that are suitable for his position and duties. It will be very useful writing each task for more serious control over the quality of the probationary period. At the same time, the employee is also endowed with certain responsibilities, for example, writing regular reports on the progress of his professional activity. These reports will then serve as direct evidence of the fact that the employee successfully passed or did not pass the probationary period.

In addition, in order for the reasons for dismissal to really turn out to be legitimate, important attention should be paid to the procedure for hiring an employee for a position. The very fact of the existence of a probationary period must be confirmed accordingly:

  • all the necessary conditions, as well as the probationary period must be indicated in the main labor document - the contract or agreement;
  • the employee must personally give his written consent to all these conditions and to the further passage of the probationary period;
  • the actual duration of the term must also be indicated in the corresponding order for the admission of an employee to a position;
  • all duties of the employee must be as clearly and understandably set out in the job description or in another document;
  • it will be very useful to develop your own Regulations on the procedure and all the features of the probationary period in a particular organization or institution.

The fulfillment of all the above requirements is directly related to the interests of the employer. After all, in the event of an employee being fired, it is he who will be obliged to prove the legitimacy of his actions, as well as explain them from the point of view of the current legislation.

Compilation rules

The labor legislation of the Russian Federation does not provide for a single form of notification of the failure of an employee to pass a previously appointed probationary period. However, the fact that it must contain mandatory and precise reasons for dismissal is non-negotiable. This should always be remembered by the management of the institution, only they have the responsibility to justify their own actions.

As soon as the probationary period begins, the employer must begin to note all the nuances of the employee's work, the facts of compliance or non-compliance with the existing schedule and discipline. At the same time, the labor legislation of the Russian Federation does not approve a clear list of documentation that should be used when dismissing an employee on a probationary period.

The following documents are commonly used:

  • preplanned plan labor activity employee. This document may contain information about any nuances of work, about important features and other criteria that are relevant in this situation high value;
  • drawn up acts or other documents in which the fact of untimely or poor-quality performance of certain professional duties will be clearly evidenced;
  • the application of certain disciplinary measures for violation of the rules of conduct or for non-compliance with the existing work schedule in an institution;
  • regular reports on the work done by the employee, including all the necessary information about the complexity of the work, as well as other important aspects;
  • written complaints, claims and other documents received by the employee from customers, partners, representatives of contractors, etc.

Procedure for making claims

Absolutely any claim against an employee must be recorded in the relevant papers and documented. A clear and detailed statement of any reasons involved is necessary so that the employee can truly understand the reasons for leaving, as well as deal with further required actions. In fact, after receiving the notification, the employee has two options further action- accept all claims of the employer and agree with them or defend their own point of view. At the same time, if all claims are oral and the employer has not provided any additional evidence, the employee can claim the restoration of his rights. The employer should always remember that simply verbally stating a particular claim can turn into serious problems for him if the employee decides to defend his own positions and turns to the appropriate institution.

The main function of appointing a probationary period is, first of all, to check and evaluate the employee's existing professional skills and abilities. That is why the indication of not too specific, vague reasons or reasons not related to the employee's professional skills can cause a lot of suspicion and mistrust. The fact that an employee, for example, is constantly late is, of course, a violation, but it is not necessary to use only this for subsequent dismissal.

Notice of further probation

In the case of employment, the employer must, without fail, inform the employee that he will need to undergo a probationary period. Then you should familiarize the future employee with all the internal documents available in the institution, talk about the existing routine, point to important nuances work and provide other information of high value. It is necessary for the future employee to sign all the proposed documents as carefully as possible, there is no need to be shy, it is better once again ask about what exactly it is proposed to sign.

In most cases, the future employee is introduced to the contents of the following documentation: the employment contract itself and the corresponding order, the current instructions and internal regulations, an individual schedule for the new employee to continue the probationary period.

In the future, during the performance by the employee of the duties assigned to him, in case of errors on his part, certain measures may be applied to him disciplinary action. But all these facts must be entered in the relevant documents, under which the employee personally puts his signature. In addition, the employee has the right to get acquainted with certain results of his labor activity, if necessary.

And most importantly, the employee must be made aware of the fact that he has not passed the probationary period, and such a measure as dismissal will be applied to him. The employee must also put his own signature on the dismissal document. At the same time, he retains the right to refuse to sign. In this case, a special act is drawn up in the presence of other persons, which must indicate the employee's refusal to sign the document.

Existing practice

Trial period and so is enough difficult period in the life of any worker. That is why the labor legislation of the Russian Federation provides for the establishment of maximum protection of his rights and legitimate interests in a given time period. The second reason for such a serious protection of rights is the rather frequent cases of abuse by the leaders of the institution of their own rights. For example, workers are very often fired after almost complete passage probationary period, and there may be no good reason for this. Naturally, no monetary settlement is carried out and the employee simply loses two or more months of work, receiving absolutely no remuneration.

In order to maximize the legal protection of the employee, the following rules are provided:

  • all conditions of the probationary period are documented, no oral agreements are allowed;
  • the manager must remember that certain categories of employees are strictly prohibited from setting a probationary period;
  • the test period must necessarily be limited by existing standards;
  • the employer cannot establish impracticable test conditions or change them after signing the documents with the employee;
  • stop labor relations during the test, not only the employer, but also the employee can.

The final and most important condition is the fact that absolutely any dismissed employee who believes that his rights have been violated by this dismissal can contact the appropriate organization and file formal claims with his former employer.

Employer Mistakes

The existing practice knows many cases of a wide variety of violations by employers. Often they interpret the provisions of the law exclusively in their favor, prefer to remain silent about important facts, correct documents, etc. The most common cases of violation of the rights of employees can be expressed in the following illegal actions:

  • when the trial period at a certain stage is replaced fixed-term contract. Then it becomes much easier to fire an employee;
  • deliberate failure to indicate in the employment contract of the employee the fact of the need to pass the test period. In this case, the employee does not own complete information about further necessary actions, therefore, his rights and labor interests are also subjected to unlawful encroachments on the part of the employer;
  • for the time of direct passage of the prescribed tests, the employee is either not paid wages at all, or its size is significantly lower than the original values;
  • the period of passing the tests is stretched, exceeding all permissible standards established by the provisions of the Labor Code of the Russian Federation;
  • making a decision on the employee's failure to pass the tests in the absence of important evidence and justification for the words of the employer.

Based on all the above information, it can be concluded that the passage of the probationary period is milestone in the relationship between employee and employer. That is why this time period should be treated as carefully as possible by both parties. In addition to performing all necessary tests, Special attention You should also pay attention to documentation. Indeed, in case of non-compliance with existing requirements, the employer may have serious problems that will lead to no less serious consequences.

And if the results of the test were unsatisfactory, the employer has the right to terminate the employment contract with such an employee. We will tell you more about how to dismiss an employee who has not passed the probationary period and document it in our consultation.

Didn't pass probation? Wait for notification!

If the employer considers that an employee on probation does not correspond to the work entrusted to him, he may part with such an employee. To do this, before the expiration of the test period, the employer must notify the employee in writing that he did not pass the test. Such written warning or notification must contain an indication of the reasons why the employee is recognized as having failed the test. We provided a sample for notification of failure to pass the probationary period.

The preparation of such a notification is usually preceded by, which is the person responsible for testing the employee (usually his immediate supervisor). In such a conclusion, the violations by the employee are described in detail. official duties established by the employment contract, job description, Internal labor regulations. In the notice sent to the employee, a detailed list may no longer be given - it is enough to make a reference to such a conclusion.

Having notified the employee, the employer has the right to dismiss him after 3 calendar days from the date the employee received such a notification (part 1 of article 71 of the Labor Code of the Russian Federation).

If the employee does not agree with the decision of the employer to dismiss, he has the right to appeal such a decision to the court.

Please note that the dismissal of an employee who has not passed the probationary period is made without paying him a severance pay. It is not required to take into account the opinion of the trade union body (if there is a trade union) when dismissing (part 2 of article 71 of the Labor Code of the Russian Federation).

We issue an order and make a record of dismissal in the work book

As with any grounds for dismissal, the employer issues a dismissal order (the employee must sign on it), and on the day the employment contract is terminated, the employer must issue the employee a work book, other documents related to work, and make the final settlement with him (including .h. to pay compensation for unused vacation) (parts 1, 4 of article 84.1 of the Labor Code of the Russian Federation).

And what wording of the dismissal entry should be entered in the work book? Upon dismissal of an employee who has not passed the test, the basis is the termination of the employment contract at the initiative of the employer (clause 4, part 1, article 77 of the Labor Code of the Russian Federation). At the same time, the record must be specified - dismissed as not having passed the probationary period (part 5 of article 84.1 of the Labor Code of the Russian Federation). More precisely, the wording of the entry in the work book should look like this (clauses 15.18 of the Rules, approved by Government Decree No. 225 of April 16, 2003):

“The employment contract was terminated due to an unsatisfactory test result, part one of Article 71 of the Labor Code of the Russian Federation.”

Of course, the employee is unlikely to want to receive such a wording in the work book. And therefore, he can get ahead of the employer and quit himself in a simplified manner before the expiration of the probationary period, warning the employer in writing of his dismissal in just 3 days (part 4 of article 71 of the Labor Code of the Russian Federation). Of course, this can be done by an employee on probation who either does not cope with his duties and is mentally prepared to be fired before the expiration of the probationary period, or who simply does not like him new job.

By the way, the employer may not even apply dismissal “under the article” to an employee who has not passed the test, but offer him to quit of his own free will. This will already depend on the loyalty of the employer himself.

Notice of not passing the probationary period is a document that is issued to an employee as having not passed the test established when hiring. It is important for both parties to the employment relationship to know how to draw it up correctly, what information should be listed in it and who should sign the document.

An employee who does not pass the test can be fired at the initiative of the employer. Moreover, the termination of the employment contract will be carried out according to the simplified scheme provided for in the Labor Code of the Russian Federation. This is probably the only positive moment for the employer, since in all other respects the employee during this period is on an equal footing with the rest of the team. However, it is worth mentioning that the employee himself can initiate dismissal due to the fact that he is not satisfied with the company, employer, duties, etc.

However, the human employer. Dismissal during the probation period will be justified only if the level of professional preparedness of the probationer is below that required for the performance of duties in this position.

It is not at all necessary to wait until the end of the probationary period to tell the employee that he is not professionally suitable for this job. Conclusions about the quality of his work are generally made fairly quickly. Therefore, according to Labor Code, him, but only during the test period. Of course, at the same time, you must follow the dismissal procedure and inform the employee about it, handing him a notice of unsatisfactory completion of the probationary period - that is, a document that officially notifies the upcoming termination of the contract.

Deadlines

By general rule, upon dismissal of his own free will, the employer has the right to demand from the employee working off in two weeks. In case of dismissal during the trial period, this period is significantly reduced, and the employer is obliged to notify the employee of the dismissal three days in advance. This period is counted from the moment of delivery to him official document– notifications. At the same time, by agreement, he can be dismissed on the same day.

If the initiator of the dismissal is the employee himself, who did not suit the current place of work, in this case he is also obliged to warn the employer in writing about the upcoming dismissal.

Procedure for making a decision to dismiss an employee

During the probationary period, the employee is closely monitored by three people: the immediate supervisor, the HR specialist and the head of the company. Supervision consists of assessing the quality of his work, tracking the level of his professional skills and abilities, namely:

  • drawing up an adaptation plan;
  • setting job requirements;
  • determination of individual work standards;
  • quality control of work, etc.

At the same time, all shortcomings of the employee must be documented. Such documents may include memorandums, complaints, acts, etc. The immediate supervisor can draw up such a document in the name of the head of the company as a memo about not passing the probationary period by a specific employee. Thus, he submits for consideration the issue of dismissal of the employee during the test period as insufficiently qualified for this type of work.

After discussing and making a decision on the need to dismiss the employee, the procedure for preparing all required documents. The first of these is the notice of termination of the employment contract.

The notice must be properly executed in full compliance with the requirements of the law. It should contain all the necessary information:

  • link to the article of the Labor Code of the Russian Federation;
  • warning of termination of the employment contract (indicating the number and date of conclusion);
  • the reasons why the results of the work were recognized as unsatisfactory during the test period (links to documents);
  • it is possible to attach copies of documents to the notification, on the basis of which it was decided that the employee did not pass the test;
  • a call to read this notice;
  • manager's signature;
  • seal.

There are often disputes about who should sign the notice of non-probation. It could be:

  • Head of the organization;
  • a person who has been authorized by the head of the company to conclude and terminate employment contracts with personnel.

At the same time, the immediate supervisor can act as the initiator of the dismissal during the trial period, but the final decision and signature on such a document as a notification are affixed only by the above persons.

The notification header should contain the following information:

  • full name of the organization;
  • name of the document - notice of termination of the employment contract;
  • Date of preparation;
  • registration number;
  • full name of the employee's position;
  • full surname, name and patronymic.

This notice is made in two copies for each of the parties. A copy of the employer is filed in the personal file of the employee.

Employee Notification Procedure

When the manager sees that a person is not coping with work during this period, he can give him a warning about not passing the probationary period. That is, in this way to make it clear that if he does not raise his professional skills to the level necessary for this job in the shortest possible time, he will be fired as having not passed the test. Such a warning may spur the employee, and in short term he can correct himself and successfully complete the test.

However, if this method does not work, the employee will have to say goodbye. In this case, he must be served with a notice of termination of the employment contract. He gets acquainted with it in the presence of the leader and signs two copies.

If the employee refuses to get acquainted with this document or refuses to sign on it, then a commission of at least three people gathers and draws up an appropriate act about this. In this case, the employee is considered notified of the upcoming termination of the employment contract. That is, in any case, the requirements of the law are met.

After the act of not passing the probationary period (or notification) is drawn up and the employee is familiar with it, a dismissal order is issued.

  1. The entry in the work book must correspond to the wording of the dismissal order: as not having passed the probationary period. A link to the article of the Labor Code of the Russian Federation should also be indicated here.
  2. It is best to make a copy of all made in labor records and file them in the employee's personal file. It should be noted that at the end of all entries must be the signature of the employee himself.
  3. On the last day of work with the employee, a full payment is made and the book is handed out. The fact of its issuance is recorded by the signature of the employee in a special register for the movement of work books and inserts.
  4. When calculating the calculation, it should be taken into account that severance pay in this case not paid.

Thus, the procedure for drawing up a notice of termination of the contract and handing it over to the employee is simple. However, remember that this document is only the first step in formalizing the dismissal procedure.

The reason why you should carefully prepare all the documents for the dismissed employee is very banal - the employee may simply not agree with your conclusions and wants to remain in this position. In this case, he has the right to sue and demand reinstatement. In addition, he has the right to demand compensation for non-pecuniary damage and payment for days of forced absenteeism.

At the same time, the court often takes the side of the employee as less protected. Therefore, if your evidence base is biased, falsified or does not meet the requirements of labor legislation, then most likely you will have to reinstate a negligent employee in a position with all the ensuing consequences.

Currently, employment in most companies provides for the passage of a probationary period. During the probationary period, the company's management assesses the professional and personal qualities of the employee, and at the end of it makes a decision on the employee's further labor activity in the company. In the event that an employee fails the test, he may be dismissed in a simplified manner on the basis of a notice. In the article we will talk about the notification of failure to pass the probationary period and the mechanism for dismissing an employee.

The concept of probation

Modern practice shows that most employers prefer to hire permanently only those employees who have successfully passed the probationary period. The period during which management evaluates the performance of an employee is set individually and depends on the specifics of the work of a particular unit and the characteristics of the company as a whole.

Criteria for passing the probationary period

The current legislation does not provide clear criteria according to which an employee is considered to have passed/failed the probationary period. Each company develops requirements individually and approves them in internal regulatory documents. To maintain transparency and to avoid claims from the employee, the company's management, as a rule, determines individual criteria and requirements in the context of the activities of a particular unit.

Depending on the specifics, the criteria may be:

  • processing a certain number of orders within a set period (for example, 10 orders per day);
  • responses to phone calls of counterparties (for example, at least 20 per day);
  • absence of claims from clients (for example, up to 5 claims within a month).

For organization personnel records in the company, novice personnel officers and accountants are well suited for the author's course of Olga Likina (accountant M.Video management) ⇓

Dismissal of an unsuccessful test: legislative framework

If the employee has no claims during the probationary period, he continues his work in his position, maintaining his official salary, while it is possible to increase the salary on an individual basis. However, what should the manager do if during the test the employee demonstrated business or personal qualities that are incompatible with the position held?

The labor law comes to the aid of the employer. According to Part 1 of Art. 71 of the Labor Code of the Russian Federation, the employer is given the right to dismiss an employee under a simplified procedure if the latter has not passed the probationary period. As part of the procedure, the management of the company may dismiss the employee after giving him the appropriate notice. The text of the document indicates the fact that the probationary period has not passed (with a description of the reasons), as well as the upcoming dismissal.

The notification is submitted to the employee no later than 3 days before the planned dismissal.

The right of an employee to be fired during a probationary period

How to write a notice of failure to pass the probationary period

Current regulations do not regulate the form according to which a notice of failure to pass the probationary period must be issued. The document is drawn up in free form, but with the indication of the required details:

  • full name of the organization;
  • Full name and position of the head on whose behalf the notification is submitted. They can be both the director of the company and the line manager responsible for working with personnel and personnel records (for example, head of the HR department, head of the HR department, etc.);
  • Name and position of the employee to whom the notification is sent;
  • confirmation of the fact of failure to pass the probationary period;
  • a description of the reasons for the failure of the test. In this paragraph, it is necessary to briefly and clearly indicate the criteria that were put forward for the employee and which he did not fulfill;
  • a warning about the upcoming dismissal indicating a specific date (not earlier than 3 days from the date of preparation of the document), as well as references to the norms of labor legislation (TC part 1, article 71);
  • the date of the notice;
  • signature of the compiler (head or person replacing him on the basis of a power of attorney).

At the end of the notification, the “I have read and agree” column should be provided for the signature of the employee who did not pass the test.

Submit a notice to an employee

In order to dismiss an employee under a simplified scheme based on the results of the probationary period, the employer must draw up a notice and submit it to the employee, while observing the norms of labor legislation. How to do this - see the instructions below.

Step 1. Drafting a notice

Prepare a notice in accordance with the given sample, indicating the necessary details. When drawing up a document, special attention should be paid to justifying the reasons for dismissal. In the text, it is better to rely on specific facts (violation by an employee labor discipline, late submission of reports, etc.) and regulations(TC norms, internal procedures of the company). The more clearly and convincingly the reasons are described as a result of which the employee is recognized as not having passed the probationary period and must be fired, the lower the risk of disputes and claims from the employee.

Step 2: Send notification to employee

In order to dismiss an employee in accordance with Article 71, the employee must receive a notification no later than 3 working days before the expiration of the probationary period and the day of direct dismissal. If the employee receives notifications later, then the norms of Part 1 of Thu. 71 of the Labor Code does not apply to him, and he cannot be dismissed under a simplified procedure.

Example 1 The employee was hired on 08/01/17, the probationary period is set until 11/01/17 (3 months). If the employee is recognized as not having passed the probationary period, then he can be dismissed on the day it ends - 10/31/17. Thus, the employer must send a notice before 10/25/17 (3 days before the dismissal, excluding weekends).

The form of document transfer can be either standard (notification on paper) or electronic (message to the address of the corporate Email), depending on the procedure adopted by the company.

Step 3. Obtaining the consent of the employee to dismiss

A prerequisite for the dismissal of an employee under Art. 71 - the presence of his written consent. To optimize the workflow, it is advisable to draw up a notice with the “I have read and agree” column, in which the employee can put his signature. Consent to dismissal based on the results of the test can be provided by the employee in the form of a separate document (application, receipt, etc.). However, this format is almost never used in current practice.

Step 4. Dismissing an employee and calculating payments

After the employee has been given a notice that the employee has not completed the probationary period and his consent has been obtained, the employer can proceed directly to the dismissal procedure. In this case, the company should act in accordance with the general procedure, namely:

  • the personnel department to prepare a dismissal order, with reference to Art. 71 of the Labor Code (date of dismissal - the last day of the probationary period);
  • accounting department calculate and pay wages and other remuneration no later than the day of dismissal;
  • on the day of dismissal, the personnel department fill out a work book (indicate the reason for dismissal - part 1 of article 71 of the Labor Code) and issue it to the employee.

It should be noted that the employee retains the right to challenge the results of the probationary period and dismissal in court.

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