Sample notification of failure to pass the probationary period. Instructions for dismissal due to failure to pass the probationary period

A probationary period may be provided for when hiring adults, if the total period for which the contract is concluded exceeds 2 months. The clause on the obligatory passage of a probationary period by an employee is indicated in employment contract, otherwise, the dismissal of an employee can be considered illegal.

Also, illegal dismissal during a probationary check is considered:

• if neither party terminated the contract after completion of the test;
• if before the end of the audit the employee was transferred to a higher position.

Based on the results of work during the probationary period, the employer may decide on the need to dismiss the employee if he does not cope with his job duties. The employment contract signed by the parties is canceled, and the dismissed person is no longer an employee of the organization.

In this case, the employee does not need to work for another two weeks. Thus, the procedure for dismissal in case of failure to pass the probationary period is significantly simplified in comparison with the suspension of a permanent employee from work.

The procedure for dismissing an employee on probation

During the period indicated in the employment contract as a probationary period, the employer may remove the employee from duties due to unsatisfactory test results.

According to part 1 of article 71 of the Labor Code of the Russian Federation, an employee who did not cope with his duties during the probationary period must be informed of the upcoming dismissal at least 3 days in advance. Such employee must be given a formal notice.

When notifying an employee of an impending dismissal, the period of such notice includes non-working days (part 3 of article 14, part 1 of article 71 Labor Code RF).

It is necessary to prepare a notice for dismissal due to failure to pass the probationary period in accordance with the established form. The document must indicate the full name and position of the employee, the name of the organization, the reason for the subsequent dismissal, the date the document was drawn up and a request to confirm receipt of the notification with a personal signature.

If the employee does not agree to personally certify that the notification has been received, the authorized person may draw up a refusal certificate in the presence of two witnesses, which will have the same legal force.

The result of serving an official notice to an employee should be the issuance of a dismissal order. In the document, as the reason for dismissal, Part 1 of Art. 71 of the Labor Code of the Russian Federation. After issuing an order with a dismissed employee, you need to make a calculation in accordance with the terms of the employment contract.

Official registration of work without accrual wages during probation is illegal. The employee has the right to receive payment for the days actually worked, as well as unused vacation days in accordance with the conditions specified in the contract.

After making the calculation, the dismissed person is given all the documents that he provided to the employer during employment, and the dismissal is also recorded in the work book.

Good reasons for leaving

Curious information

According to surveys, in 67% of cases, the employer evaluates how successfully the probationary period was completed in terms of the quality of the tasks assigned to the new employee, in 61% of cases, in terms of his professional compliance with the position held. Some employers pay attention to the mistakes made, as well as to the established KPIs.

The reasons for dismissal of an employee should always be related to non-performance of work duties and obstruction of the work process. fire a man for his personal qualities, beliefs and addictions is impossible if this does not prevent him from performing work duties. The notice of impending dismissal must always indicate a good and truthful reason, otherwise the employee will be able to challenge the decision in court.

Dismissal as not having passed the probationary period can be carried out for one of the following reasons:

1. Disciplinary violations - coming to work in a state of intoxication or under the influence of drugs, non-compliance with the work schedule, not showing up to work on a working day.
2. Poor performance of duties - a violation of the production process, a decrease in performance indicators, inappropriate treatment of the organization's customers.
3. Non-compliance with internal regulations - the employee does not wear a uniform, if it is provided, does not adhere to the dress code and safety regulations.
4. Untimely execution of orders, if this prevents the normalization of the work process.

Watch a video that will tell you in detail about the dismissal of an employee who has not passed the probationary period

If the reason for dismissal is disciplinary inconsistency with the position or failure to fulfill duties, it is desirable to have documentary evidence of violations. Documents such as reports and explanatory notes, complaints against an employee from clients and colleagues, confirmation of the release of low-quality products, as well as oral and written testimony, will easily convince the court of the legitimacy of the employer's actions.

Possible reasons for dismissal due to an unsatisfactory test result are best discussed with the employee in advance even before signing the employment contract. A prior agreement documented by the terms of the contract will increase the employer's chances of winning in litigation if they arise.

All questions of interest can be asked in the comments to the article.

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 the Labor Code, it is, but only during the trial 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 own will the employer has the right to require the employee to work for two weeks. Upon 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 dismissing the employee during the probationary 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);
• you can 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, 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 not tested. 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 assesses 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 compiling a document Special attention should be given to justify 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 to calculate and pay wages and other remuneration no later than the day of dismissal;
• on the day of dismissal, fill in the personnel department work book(indicate the grounds 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.

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, Rules of internal work schedule. 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 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 morally ready 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.

In the article, we remind employers of the procedure for establishing a probationary period. For examples from judicial practice let's pay attention to the mistakes that employers make when dismissing an employee who has not passed the test.

Who is not on probation?

Not all potential employees can be placed on probation. If the employer includes a test condition in an employment contract with a person who is prohibited from establishing a test, this condition will not be valid (part 2 of article 9 of the Labor Code of the Russian Federation).

The list of persons is determined by Part 4 of Art. 70, Art. 207 of the Labor Code of the Russian Federation and other federal laws:

• pregnant women and women with children under the age of one and a half years;
• under the age of 18;
• have received a secondary vocational education or higher education according to state-accredited educational programs and for the first time coming to work in the specialty received within one year from the date of receipt vocational education appropriate level;
• concluding an employment contract for a period of up to two months;
• invited to work in the order of transfer from another employer as agreed between employers;
• successfully completed apprenticeship - when concluding an employment contract with the employer, under the contract with which they were trained (Article 207 of the Labor Code of the Russian Federation), etc.

If the employer establishes a probationary period for any of the listed persons, all the more, dismisses them as having not passed the test, they may be held administratively liable. The employee who applied to the court will be reinstated.

If, before the end of the probationary period, the employer finds out that the employee belongs to the category of persons for whom the probation is impossible, it is necessary to amend the employment contract. In this case, it is necessary to conclude to it supplementary agreement, which cancel the test condition. Based on the agreement, an appropriate order should be issued.

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The procedure for terminating an employment contract with an employee who has not passed the test

The procedure for establishing a test for employment is established in Art. 70 of the Labor Code of the Russian Federation.

Step 1. The condition of a probationary period for an employee must be included directly in his employment contract. The absence of such a condition in the employment contract means that the employee is hired without a test.

The period of probation for employees may not exceed three months. For heads of organizations and their deputies, chief accountants and their deputies, heads of branches - six months. When concluding an employment contract for a period of two to six months, the probation may not exceed two weeks.

The probationary period does not include any periods of the employee's actual absence from work, including periods when the employee is on short-term leave without pay or on leave in connection with training, the performance of state or public duties, the period of absence of the employee from work without good reasons(absenteeism period), downtime period, if the employee was absent from work during the downtime (Determination of the Supreme Court of the Russian Federation of 08.04.2006 No. 5-B06-76). But it is impossible to dismiss an employee due to an unsatisfactory test result while he is on vacation or on sick leave.

Step 2 Based on the employment contract, which contains a condition on the establishment of a probationary period, the employer issues an order stating that the employee has been accepted with a probationary period, and indicates the period of such a probation.

We draw the attention of employers, if the condition of the test and its period are established only in the order, while not established by the employment contract, in this case, the employee will be considered hired without a test.

If an employee fails to cope with his job responsibilities during the probationary period, the employer has the right to dismiss him. The procedure for dismissal of an employee who has shown an unsatisfactory result is established by 71 of the Labor Code of the Russian Federation.

Step 3 The employer must confirm that the employee is not coping with the work, because the obligation to prove the existence of a legal basis for dismissal and compliance established order dismissal is assigned to the employer (clause 23 of the Decree of the Plenum of the Supreme Court of the Russian Federation dated March 17, 2004 No. 2). In order not to become a defendant in litigation, it is advisable to create a work plan for the employee for a trial period, keep a log for monitoring the passage of the test, and request reports from the employee on completed tasks.

Step 4 Your decision to dismiss an employee must be supported by a number of documents. It can be:

• various kinds of acts confirming the non-performance or poor-quality performance of the work assigned to the employee, stipulated by the employment contract or job description;
• memorandum (official) notes or reports of the immediate supervisor of the employee or the person responsible for evaluating the test results;
• witness's testimonies;
• "peculiar" attestation (test) sheet and minutes of the meeting of the "peculiar" attestation (test) commission;
• orders to apply to an employee disciplinary action(which is not disputed or not disputed);
• written complaints (claims) from customers.

By the way, sometimes one memorandum (service) note may be enough to dismiss an employee. There is such a case in jurisprudence. The reason for the dismissal was a memo from the immediate supervisor of the employee. The document stated that the employee does not correspond to the position in terms of the quality of work performed, he is lazy and lacks initiative in his work. The memo contained a proposal to terminate the employment contract with the employee as having not passed the test when hiring. The dismissal was recognized as lawful (Determination of the Leningrad Regional Court dated 07.12.2011 No. 33-5827 / 2011).

Step 5. It is necessary to warn the employee about the termination of the employment contract in writing: the facts indicating that the employee did not pass the test are recorded in the relevant act. This must be done no later than three days before the dismissal.

There is a case in judicial practice when the corresponding notice was drawn up and handed over to the employee only two days before the termination of the employment contract. The court recognized the dismissal of an employee as legal, even though the employer violated the dismissal procedure provided for in Art. 71 of the Labor Code of the Russian Federation (Cassation ruling of the St. Petersburg City Court dated August 29, 2011 No. 33-13139 / 2011).

A warning

Dear V.V. Smirnov!

In accordance with Art. 71 of the Labor Code of the Russian Federation, we warn you that the employment contract concluded with you is subject to early termination due to the fact that you are recognized as not having passed the test provided for by the employment contract, due to inconsistency with the position held and repeated violation labor discipline and internal regulations of the organization.

Thank you for your work. You will be additionally informed about the procedure for settlement with the enterprise by your immediate supervisor.

We wish you all the best.

General Director Petrov S.S.

(title of the person who signed the document)

personal signature I.O. Surname

Date 18.07.2017

INTRODUCED

Job title personal signature ____________

(indicated by the employee by hand)

In the written notice of dismissal given to the employee, the employer must indicate the reasons for the dismissal. If the employee does not agree with the position of the employer, then this decision can be appealed in court. An analysis of judicial practice shows that the disputes considered by the courts are connected precisely with the violation by the employer of the procedure for dismissing an employee who has not passed the probationary period.

Step 6 So, the employee received a notification, signed, now after three days the employer issues a dismissal order, with which the employee must also be familiarized against signature. The following entry is made in the work book: "The employment contract was terminated due to an unsatisfactory test result, part one of Article 71 of the Labor Code of the Russian Federation."

If the probation period has expired, and the employee continues to work, then he is considered to have passed the probation and the subsequent termination of the employment contract is allowed only on a general basis.

Step 7 On the day of termination of the employment contract, the employer is obliged to issue a work book to the employee and make settlements with him with the payment of all amounts due to the employee.

Also Art. 71 of the Labor Code of the Russian Federation establishes that if, during the probationary period, a newcomer comes to the conclusion that the job offered to him is not suitable for him, he has the right to terminate the employment contract at his own request, notifying the employer about this in writing in the same three days. That is, not only the employer can dismiss an employee on a trial period, but the employee himself can decide that the chosen company does not meet his expectations: career or salary - it doesn’t matter.

If the trial period was not enough to evaluate the ability of the employee ...

Then, by agreement with the employee, the probationary period can be extended by another month. True, Rostrud officials in Letter No. 520-6-1 dated March 2, 2011 argue that the possibility of extending the probationary period by amending the employment contract is not provided for by the labor legislation of the Russian Federation. Their opinion on this issue is the only one, since there are no other explanations, it is up to the employer to stick to it or ignore it.

Rostrud is not opposed to reducing the probationary period if the employee quickly showed himself in the best possible way. Letter No. 1329-6-1 dated May 17, 2011 concluded that, by mutual agreement, the parties have the right to conclude an additional agreement to the employment contract to reduce the probationary period. These changes will not be contrary to labor laws.

Dismissal of a part-time worker

The employer must notify the employee in writing of his intention to terminate the employment contract with the part-time worker on this basis at least two weeks before the expected date of dismissal.

The employer is not obliged to offer another job to a part-time worker. This is his right if the enterprise has other work that the employee can perform on a combination basis. If there is no such job or the employee refused the proposed option, then he is subject to dismissal and continues his work in the future. labor activity only at the main place of work. The refusal of the employee must be recorded in writing in the form, on its basis, the employer issues an order (instruction) to dismiss the employee with the execution of the documents listed above.

If the employer can offer the part-time job, which he does part-time, as the main one, then with the consent of the employee, it is necessary to conclude a new employment contract on new conditions or conclude an agreement on changing the terms of the employment contract.

If this option is not suitable for the employee and he refused the offer of the employer, then the part-time worker is subject to dismissal. Based on the considered written application, the employer issues an order (instruction) to dismiss the employee with the execution of the above documents.

findings

Summing up, once again pay attention to the main points that will help the employer to avoid litigation. Everyone should remember them when setting a probationary period and dismissing an employee who has not completed the test.

1. Not all employees can be placed on probation. Dismissal on the basis of the results of a probationary period of a temporarily disabled employee, a pregnant woman or a woman with a child under the age of three years is unlawful;
2. The test is considered established if the relevant condition is included in the employment contract. The absence of a probationary clause in the employment contract makes it unlawful to subsequently apply the probationary clause, even if it is enshrined in collective agreement and in other local acts (order on employment, job description etc.);
3. Test results must be documented;
4. To dismiss an employee based on the results of the probationary period, the employer must indicate in writing the reasons why he was recognized as not having passed the probation, as well as document this fact;
5. The employee must receive notice no later than three days before the dismissal.

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