Dismissal for failure to complete probationary period. How to fire an employee who has not completed the probationary period

Employees whose probationary period is nearing completion often hear management say 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.

You cannot fire anyone without reason, even an employee undergoing a probationary period. Such a serious decision requires undeniable reasons. The current legislation of the Russian Federation provides reliable protection employees from arbitrariness of management and unjustified dismissals. The employer should not forget that if former employee to a judicial institution, the legality of the dismissal will have to be proven as accurately as possible.

Acceptable grounds

During probationary period legal relations between an employee and an employer can 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 were not suitable for him. In this case, he must draw up a written resignation letter at will.

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

poor performance of one’s professional duties and certain tasks received from the organization’s management;
failure to fulfill the duties assigned to the employee in accordance with his position;
serious delays in work, inability to complete tasks on time;
violation of the internal regulations of the organization, deliberate disregard of existing norms and rules.

However, in such cases, each reason should be described as accurately as possible, without using general or vague language.

Responsibilities of the organization's management

The end of employment relations, when the reason is failure to complete the probationary period, is a responsible step for the employer. He must not only indicate the appropriate reason - he must support it with appropriate evidence and document everything.

While the employee is working under his probationary period, the employer is obliged to give him appropriate tasks suitable to his position and responsibilities. It will be very useful to have each task written down for more serious control over the quality of the probationary period. The employee is also given certain responsibilities, for example, writing regular reports on the progress of his work. 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 actually turn out to be legitimate, important attention should be paid to the procedure for hiring an employee for a position. The very fact 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- contract or agreement;
the employee must personally give his written consent to all specified conditions and for further completion of the probationary period;
the actual duration of the period must be indicated in the corresponding order for hiring the employee to the position;
all employee responsibilities must be stated as clearly and understandably as possible 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 passing the probationary period in a specific organization or institution.

Fulfillment of all the above requirements is directly related to the interests of the employer. After all, in the event of an employee’s dismissal, it will be he who will be obliged to prove the legality of his actions, as well as explain them from the point of view of current legislation.

Compilation rules

The labor legislation of the Russian Federation does not provide for a unified form of notification about the failure of one or another employee to complete the previously appointed probationary period. However, the fact that it must contain mandatory and precise reasons for dismissal is not negotiable. The management of the institution should always remember this; only they bear the responsibility for justifying 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:

pre-planned plan labor activity employee. This document may contain information about any nuances of the work, about important features and about other criteria that have in this situation high value;
drawn up acts or other documents that clearly indicate the fact of untimely or poor quality performance of certain professional duties;
application of certain disciplinary measures for violation of the rules of conduct or for failure to comply with the existing labor regulations in the institution;
regular reports on the work done by the employee, including all necessary information about the complexity of the work, as well as other important aspects;
written complaints, claims and other documents that were received by the employee from clients, partners, representatives of counterparties, etc.

Procedure for filing claims

Absolutely any claim against an employee must be recorded in the relevant papers and supported by documents. A clear and detailed statement of any reasons given is necessary to ensure that the employee can truly understand the reasons for the dismissal, as well as any further action required. In fact, after receiving the notification, the employee has two options for further actions - accept all the employer’s claims and agree with them, or defend his own point of view. Moreover, if all claims are oral and the employer has not provided any additional evidence, the employee can claim restoration of his rights. The employer should always remember that simply verbally expressing a particular complaint can result in serious problems for him if the employee decides to defend his own position and contacts the appropriate institution.

The main function of assigning a probationary period is, first of all, to check and evaluate the employee’s existing professional skills and abilities. That is why indicating 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 naturally a violation, but it is not necessary to use only this for subsequent dismissal.

Notice of further probationary period

In case of employment, the employer, in mandatory, must 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 out important nuances in the work and provide other information of high importance. The future employee must sign all proposed documents as carefully as possible, there is no need to be shy, it’s better once again ask what exactly is proposed to be signed.

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

In the future, during the performance of the duties assigned to him by the employee, in the event of errors on his part, certain measures may be applied to him disciplinary action. But all these facts must be included in the relevant documents, under which the employee personally signs. In addition, the employee has the right to familiarize himself with certain results of his work activity, if necessary.

And most importantly, the employee must be made aware of the fact that he has not completed the probationary period, and a measure such 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.

Current practice

The probationary period is already enough difficult period in the life of absolutely any employee. 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 serious protection of rights is the fairly frequent cases of abuse by the heads of the institution of their own rights. For example, employees are very often fired after almost complete passage probationary period, although there may be no compelling reasons for this. Naturally, no monetary settlement is made and the employee simply loses two or more months of work without receiving absolutely any remuneration.

In order to provide the strongest legal protection for an employee, the following rules are provided:

all conditions of the probationary period are documented; no oral agreements are allowed;
the manager must remember that for some categories of employees the appointment of a probationary period is strictly prohibited;
the test period must necessarily be limited by existing standards;
the employer cannot establish impossible test conditions or change them after signing documents with the employee;
stop labor relations During testing, 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 were violated by this dismissal can contact the appropriate organization and make formal claims to his former employer.

Employer mistakes

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, preferring to remain silent about important facts, correct documents, etc. The most common cases of violation of employee rights can be expressed in the following illegal actions:

when the probationary 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 employee’s employment contract the fact of the need to undergo a testing period. In this case, the employee does not own complete information about further necessary actions therefore, his rights and labor interests are also subject to unlawful attacks by the employer;
During the actual period of passing the prescribed tests, the employee is either not paid wages at all, or its amount is significantly lower initial values;
the testing period is extended, exceeding all acceptable standards established by the provisions of the Labor Code of the Russian Federation;
making a decision on an employee’s failure to pass tests in the absence of important evidence and justification for the employer’s words.

Based on all the above information, we can conclude that passing the probationary period is the most important stage in the relationship between employee and employer. That is why this time period should be approached with the utmost care by both parties. In addition to performing all necessary tests, Special attention It is worth paying attention to documentation. Indeed, in case of non-compliance with existing requirements, the employer may have serious problems, which will lead to no less serious consequences.

Almost every organization has a probationary period. This period of time is needed to look at the employee in action, how well he copes with his responsibilities, as well as the skills and knowledge stated in the questionnaire. But it happens that during the test, an employee is clearly not suitable for the company and must be fired. Then he must be given a notice of failure to complete the probationary period. Every organization should have a sample of this document.

What are the nuances of this procedure and how to do it correctly within the framework of the law?

Reasons

During the test, the employment agreement can be terminated either at the request of the employee or at the request of the employer.

If an employee for any reason no longer wants to work in this organization, he is obliged, even during the probationary period, to notify his superiors of termination labor agreement.

Dismissal during a probationary period at the initiative of the employer can occur when he is dissatisfied with the employee’s work or unsatisfactory results of the post-training inspection. IN in this case the employee must declare failure to pass the test and terminate the agreement.

But you can’t just fire an employee. You need to support your decision with strong evidence:

poor performance of tasks;
failure to fulfill assigned duties;
inability to perform assigned work to the extent required;
mismatch of qualifications;
systematic violations, ignoring the rules and regulations established in the organization;
violation of labor laws.

Reasons why a breakup occurs labor relations if the test is not passed, the line should not be general, but quite specific.

Employer's obligation

The direct responsibility of the employer is not only to comply with the dismissal process from beginning to end, but also to document the termination of the contract due to failure to complete the probationary period.

To do this, during the test it is necessary to provide the employee with those responsibilities that are directly related to his position. Writing assignments may cause trouble for the company, but it is more acceptable from the point of view of the law. The employee must provide reports on the work done. Based on these documents, the employer can prove that the employee performed his work unskilled and, therefore, did not pass the test.

In order for the dismissal to be justified and lawful, it is necessary to properly hire the employee. The fact of the probationary period must be specified in the employment agreement. It is also necessary to specify what payments and in what quantities the employee is entitled to during the trial. The most important thing is that the document contains the signature of the employee. This means that he is satisfied with all the working conditions and probationary period.

The order specifies the duration of the test. It is also necessary for the employee to review the test completion document and sign.

Any violation labor legislation, as well as inattention to the execution of documents on the part of management may lead to the employee’s disagreement with the reason for dismissal and an appeal of this fact in court. And the court will be on the side former employee, and this threatens the organization with fines and various compensations.

Don’t forget about the notice of failure to complete the probationary period, a sample of which should be available in every organization.

How to fire

Management has the right to dismiss an employee at any time during the trial, if this is provided for by labor legislation and does not violate the rights of the employee. Strict adherence to formalities is required.

How to fire an employee for failing to complete the probationary period? Let's consider step-by-step algorithm this process:

Preparation of documentation that confirms the legal grounds for the decision made.
Delivery of notice confirming dismissal due to failure to pass the test. This document must contain information that was the reason for dismissal: untimely completion of assigned tasks, non-compliance with work rules, disciplinary violations, poor quality work.
Drawing up a dismissal order. Here the employee is required to sign as a sign of agreement with the reasons and fact of dismissal.

Recording in labor

If dismissal occurs during a probationary period at the initiative of the employer, then a corresponding entry must be made on the employment form. According to all the rules of labor legislation, the labor form is filled out as follows:

The first column contains the serial number of the entry.
The second column contains the date of dismissal, which must coincide with the date the order was drawn up.
The third column indicates the reason for dismissal and the article of the Labor Code of the Russian Federation referred to by the employer (Example: Dismissed due to unsatisfactory completion of the probationary period, part 1 of Article 71 of the Labor Code of the Russian Federation). The same column indicates the details of the authorized person and the employee himself.
The fourth column contains information about the document on the basis of which the dismissal occurred.

Payments

To ensure that no violation of labor laws is detected, a dismissed employee who does not pass the test is also entitled to payments upon settlement. These include:

wages for the period of time worked (it should not be deliberately reduced);
compensation for unused vacation(these payments are made only if the employee has worked for at least 15 days).

All payments due to a citizen must be paid no later than next day after dismissal.

Deadlines

According to general rules, upon dismissal at the initiative of an employee, the employer may require 14 days of work. If dismissal occurs during probation, this period is significantly shortened. Firstly, the manager is required to notify the employee three days in advance of the upcoming dismissal. Secondly, he must personally deliver a notice of failure to complete the probationary period (a sample document is presented below).

By agreement of the parties, the employee may resign on the same day on which he received the notice.

Controversial nuances

When an employment contract is terminated due to failure to complete the probationary period, various conflict situations. The possibility of judicial intervention cannot be ruled out. Reason controversial situation can be:

What should pay attention to for employees who take up a position with a probationary period:

availability of a written document that the employee signs personally;
compliance with dismissal deadlines;
the presence in the notification of the reason provided for in Art. 81 Labor Code of the Russian Federation.

You should know that the date of dismissal must be within the probationary period.

Rules for dismissing an employee:

mandatory written warning;
drawing up a report on violations during the probationary period;
issuing a dismissal order;
timely calculation and issuance of a completed work book.

Even at the stage of receiving a written warning, the employee must be informed about the real reason employer decisions. This reason can only be a systematic failure to fulfill one’s duties or their poor performance with documentary evidence. It is not necessary to notify the union of dismissal.

During the probationary period, it is better to draw up an individual task plan for the employee and record their implementation in a specially kept journal. Such a plan is approved by the company’s management and can serve as documentary evidence of failure to complete the probationary period.

Watch a video on how to fire an employee for failing to complete the probationary period:

Can a person be fired during his probation?

The reason for the severance of the labor relationship may be not only problems with passing the test, but also any of the grounds specified in Art. 81 of the Labor Code of the Russian Federation (for example, liquidation of an employer, staff reduction and much more). Grounds for termination of cooperation before the expiration of the IP:

failure to complete the probationary period;
inadequacy for the position held;
change of owner in the company;
bankruptcy of the employer;
staff reduction;
absenteeism, showing up at work drunk;
theft, embezzlement, damage to property;
violation of labor protection;
refusal to move to another region with the employer;
provision of false documents during employment, etc.

An employee who is undergoing a probationary period is subject to all labor legislation requirements. He is obliged to comply with labor discipline, work hours and other duties.

The work book does not record any entries about the probationary period. But unlike other employees, the subject has one more reason for dismissal: he may not pass the inspection period that the employer has set for him (?).

Reasons and confirmation

The fact of poor performance of one’s job duties must be proven and properly documented. Otherwise, failure to complete the probationary period can be challenged. If the employer believes that there is no point in continuing further cooperation with the employee, then he is obliged to draw up an appropriate act of violations or collect other evidence of his guilt (memos from his boss, written complaints from clients, etc.).

A violation during the probationary period is issued:

drawing up an act in the presence of several witnesses;
memos from the supervisor of the subject;
control logs;
written explanations from the employee about each problem at work.

A separate act is drawn up for each violation. The document may indicate, for example, that the person undergoing a probationary period fails to deliver work on time or systematically fails to cope with the responsibilities assigned to him.

In addition, materials bringing the subject to disciplinary liability (explanatory note, order, acts) can serve as confirmation of problems during IP. If an employee refuses to accept the statement of violations and sign, then a statement of refusal is drawn up. All these documents are very important in case the subject decides to appeal his dismissal.

If the conflict cannot be resolved and the employee continues to perform his or her job poorly, a dismissal order is issued.

Notifying an employee if they fail the test

If the subject has not passed the test, you can warn the employee that there will be no further cooperation using written notice compiled in any form. There is no single form for notification of termination of an employment contract during a test due to failure to pass it, therefore, each company prepares a notification according to its own standard template.

The notice must contain:

The notice indicates the employee’s full name, his position, as well as the reason for the upcoming dismissal. The document must make reference to the article of the Labor Code of the Russian Federation on the basis of which the employee is dismissed. But the main thing from the notification should be clear on what basis the conclusions about the subject’s professional incompetence were made (for example, you can provide a link to the memo from the immediate supervisor, a journal for passing an IP or an act on the release of a defect).

The document is drawn up at the company secretariat and signed by its director. Notice must be provided for review and signature at least three days before the upcoming date of termination of the employment relationship.

The document is delivered in person or sent by registered mail to your home address. The notice period (3 days before dismissal) includes non-working days. If an employer fires an employee without notice, this will be considered a violation of labor laws, even if the employee has worked for the company for less than a week.

Many employers believe that a dismissal order is a notice (warning) of the termination of the employment relationship. However, it is not. It is necessary, even before issuing the order, to warn the employee in writing that he has not completed the probationary period and will be fired.

Reasons for failure to pass the IP

During the probationary period, the company and the employee make decisions for themselves whether to continue working or not. If the answer for the employer is negative, then it may be associated with the low quality of the subject’s work, ignoring labor discipline company, customer dissatisfaction and many other reasons.

The easiest way to determine the reason for terminating the contract is if a log of the passage of the IP is kept or memos are constantly drawn up addressed to management, due to poor quality of work.

How to place an order?

An order to dismiss an employee can be drawn up using the unified form No. T-8. It indicates the reason for dismissal and the date. The employee must be familiarized with this document against signature, and if he refuses to sign, a statement of refusal must be drawn up.

To correctly compose an order you must:

indicate the name and details of the company;
personal data, employee position;
indicate the number of the employment contract, the date of conclusion (if drawn up in writing);
enter the order number, the date of its preparation;
clearly indicate the reason for dismissal with reference to the Labor Code of the Russian Federation;
sign and seal the company.

The date of the document must not be later than last day tests (these are the requirements of the Labor Code of the Russian Federation). Since 2015, the presence of a seal in the dismissal order is not mandatory for companies created in the form of joint stock company or LLC. An order cannot be issued if the employee has asked to take sick leave. Need to wait until closing sick leave and hand over first the notice of dismissal, and then the management order.

Calculation procedure

If you are dismissed during probation, you will be paid the accrued earnings during your work, as well as compensation for vacation (if applicable). Considering the short period of work in the company (by law, the probationary period should not exceed 3-6 months), the amount of vacation pay is minimal. If the work in the company was less than 15 days, then such payment is not due at all.

The costs of paying sick leave may also be reimbursed. If the reason for dismissal during the trial period was staff reduction or closure of the company, then the dismissed person may also be paid severance pay in the amount of average monthly earnings.

If the employment relationship is terminated due to failure of the test, the employee is not entitled to severance pay. All money for laid-off employees is paid on their last day of work, just like regular employees.

Handing over a work book

The final part of the dismissal procedure is filling out the work book. Entries in this document must be numbered and made strictly in their own sections. The reasons for termination of the contract must be indicated (for example, the probationary period has not been completed with reference to Article 71 of the Labor Code of the Russian Federation), details of the order, the company’s seal, the signature of the personnel officer and the employee himself are required.

An entry in the employment record upon dismissal can be formulated not only as a failure to pass the IP (“dismissed due to an unsatisfactory test result”), but also as a dismissal of one’s own free will, by agreement of the parties, or for another reason. The wording specified in the work book must completely coincide with that specified in the director’s order.

The work record book is handed over to the dismissed person against his signature in the personal card and in the book for recording the movement of work records and inserts in them. If an employee is absent on the day of dismissal, a notification is sent to him by registered mail about the need to collect his work and the money due. Thus, the employer relieves himself of responsibility for failure to issue a work permit, which threatens him with fines and problems with inspection authorities.

Employer's liability

If during the probationary period an employee is fired without explaining the reasons and drawing up a report of violations, then he has the right to appeal the employer’s actions in court within a month. After going to court, you can be reinstated at work or change the wording of the dismissal, demand compensation for moral damage.

Dismissal may be considered illegal if:

there is no mention of IP in the employment contract;
the company issued a hiring order without specifying the IP;
the employee was fired while on sick leave or maternity leave;
the test is established for those categories of workers for whom it is not provided;
the employer did not justify in any way the failure to pass the IP.

For legal dismissal there must be an order for employment with an IP and confirmation of failure to pass the test - acts, complaints, memos, etc. (read about whether it is possible to work on an IP without a contract). All this can easily be presented in court if the matter comes to a legal dispute.

Employers are subject to administrative liability for violation of labor and labor protection legislation (Article 5.27 of the Administrative Code), including illegal dismissal. Officials face a fine of 1-5 thousand rubles, and for individual entrepreneurs they also face administrative suspension of activities for up to 90 days. The fine for companies can be up to 50 thousand rubles.

Is it possible to terminate the relationship after the end of IP?

The employer has the right to terminate the relationship with the subject at any time before the expiration of his inspection period. To do this, there is no need to request the opinion of the trade union; management’s initiative is sufficient. However, if this period has already expired, then it is impossible to dismiss him on the basis of failure to pass the test.

It is considered that if the deadline has passed and the employer does not make any claims against the employee, then the hiring test has already been passed. Dismissal in this case is possible on other grounds, for example, by agreement of the parties, in connection with violation of labor discipline, etc.

Now it is prescribed in many companies, so it is very important to know how to use it correctly. And you can find all the necessary information about this on our portal.

Conclusion

The employer has the right to dismiss an employee due to his failure to complete the probationary period. In the article, we looked at how to fire a person who could not stand the IP. To do this, you need to take care documentary evidence the fact of problems with the performance of labor duties, prepare a notice and order of dismissal. At any time, an employee who fails the test has the right to appeal the employer’s decision in court.

People are often hired without references and without checking the necessary professional skills. Therefore, in order to protect themselves from unscrupulous employees, employers check the job suitability of a new subordinate through a trial period. This is a wonderful opportunity for both parties to find out how expectations match reality.

Reasons for test failure

If the person being tested has not passed the probationary period at work, then the company can legally say goodbye to her long before the end of the test. The negative result of the test is the discrepancy between the qualifications of the newly minted worker and the assigned work in accordance with the job characteristics. A negative test result is legal basis to terminate the contract without the employee’s consent.

Difficulties with new personnel may arise not only from the employees themselves, but also from their immediate supervisors. Sometimes a person does not complete the probationary period due to the incompetence or bad attitude (personal hostility) of the manager. Therefore, it is necessary to consider the dilemma with new personnel not only when selecting personnel, but also when adapting them to the team.

At the same time, cases of subordinates’ refusal to leave work “of their own free will” have become more frequent. In such cases, you have to resort to dismissal under the article.

Why is a trial period needed?

The probationary period is a test of the professional qualifications of a given employee for the assigned position. If a new employee has not been told about his immediate specific work obligations, then it is impossible to verify his suitability for the position held. In this case, the dismissal will be groundless, groundless and illegal.

When to remove an unsuitable employee from a position

A contract with a worker can be terminated at any time: both at the beginning and at the end of the probationary period. As soon as his incompetence is visible. And the employer’s inaction after the completion of the trial period will automatically confirm the employee’s successful completion of the test. Therefore, the worker cannot be dismissed after the end of the trial as having failed to complete the probationary period.

If he was absent from work due to illness, leave without pay, study leave, suspension from work, then the test is extended for the corresponding number of days of incapacity. Downtime at work due to the employer's fault probationary time also not included. And business trips and business trips (Part 1 of Article 166 of the Labor Code of the Russian Federation) are counted towards the test.

Unlawful dismissal during a probationary inspection is considered:

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

How to fire someone who has not passed the probationary period

Double-check the presence of a probation clause in the employment agreement. It is possible to dismiss someone who has not passed the probationary period due to a negative work result only if he was given a test (Part 2 of Article 70 of the Labor Code of the Russian Federation). If the probation clause is not noted in the contract, then the worker is hired without one.
Find out whether the assigned work was clearly reflected in the contract and job description. According to Part 3 of Art. 68 of the Labor Code of the Russian Federation, it is necessary to familiarize the employee with personal job responsibilities against signature before signing the employment agreement. And it is advisable that he receive his copy. This must be confirmed by a signature on the employer’s copy.
Check for the presence of a condition about a probationary period in the order for hiring a new recruit. He must be familiarized with it under his own signature.
Check whether this employee belongs to a group of people to whom, according to the law, a probationary period cannot be assigned. According to parts 4 and 5 of Art. 70 of the Labor Code of the Russian Federation, the trial period cannot exceed three months. And it cannot be assigned:

persons who have signed an employment contract for a period of up to two months;
persons who arrived for work following a competitive selection carried out in accordance with the procedure established by law;
to persons who have graduated educational institution no more than one year ago and for the first time enrolled in a job according to their specialty;
persons who came to a position by transfer from another employer, and this issue has been agreed upon between the companies;
pregnant women under age and women with children under 1.5 years of age;
persons under 18 years of age;
to other persons in the options provided for by laws and collective agreement.

What documents to prepare for the dismissal of someone who has not completed the probationary period?

The dismissal of an employee who has not passed the qualification test must be documented. Let us name the materials confirming the professional insolvency of an employee:

acts on poor quality performance of qualifying direct duties;
reports, reviews, characteristics, conclusions of a specific employee’s supervisor about his professional incompetence;
acts on the production of defective products;
control logs on passing the test inspection;
personal written reports from the employee on completed assignments and detailed description reasons for failure to complete tasks;
minutes from meetings of the commission to establish the results of the employee’s test;
customer records in the book of complaints and suggestions, etc.

Sequence of termination of an employment contract

1. Before the dismissal procedure, the worker must receive notice of failure to complete the probationary period. Here is a sample of it.

The notice is sent by mail confirming the grounds according to which the employee had to be dismissed as having failed to complete the probationary period. Having read it, he must put a signature on the employer’s copy indicating receipt of the notice. If the worker does not want to sign, a corresponding act should be drawn up with the signatures of two eyewitnesses.

2. Issue an administrative document on termination of the employment contract on the basis of Art. 71 Labor Code of the Russian Federation.

3. Make a cash settlement with the employee on a general basis.

4. On the day of dismissal, give back to the failed employee, against signature, a work book with a note about dismissal under Part 1 of Art. 71 Labor Code of the Russian Federation. If the worker is absent from work on the day of payment, he must be informed by mail so that he does not forget to pick up the work book.

Undesirable consequence

Dismissal as someone who has not completed the probationary period must be carried out in accordance with the law. Because a dissatisfied employee suspended from work has the opportunity to appeal this in court.

If the employer is not completely convinced of the sufficiency of evidence that will confirm the negative outcome of the test, it is better to choose a different course of action. Eg:

terminate the contract due to repeated non-performance job responsibilities(clause 5, part 1, article 81 of the Labor Code of the Russian Federation);
dismiss by agreement of the parties (Article 78 of the Labor Code of the Russian Federation).

Currently, employment in most companies requires a probationary period. During the probationary period, the company's management evaluates the professional and personal qualities employee, and upon completion makes a decision on the employee’s further employment in the company. If the employee fails the test, he may be summarily dismissed on the basis of notice. In this article we will talk about notification of failure to complete the probationary period and the mechanism for dismissing an employee.

The concept of probation

Modern practice shows that most employers prefer to hire permanent job only those employees who have successfully completed the probationary period. The period during which management evaluates an employee’s performance is determined individually and depends on the specifics of the work of a particular department and the characteristics of the company’s activities 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, defines separate criteria and requirements in the context of the activities of a specific division.

Depending on the specifics, the criteria may be:

processing a certain number of orders within a specified period (for example, 10 orders per day);
answers to telephone requests from counterparties (for example, at least 20 per day);
absence of complaints from clients (for example, up to 5 complaints within a month).

For organization personnel records Olga Likina’s author’s course (accountant M.Video management) is perfect for novice HR officers and accountants in the company ⇓

Dismissal of someone who fails the test: legislative framework

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

Labor legislation 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 according to a simplified procedure if the latter has not completed the probationary period. As part of the procedure, company management can dismiss an employee after giving him appropriate notice. The text of the document indicates the fact of failure to complete the probationary period (with a description of the reasons), as well as the upcoming dismissal.

The notice is given to the employee no later than 3 days before the planned dismissal.

The employee’s right to dismissal during the probationary period

How to correctly write a notice of failure to complete the probationary period

Active regulations do not regulate the form according to which notification of failure to complete the probationary period must be issued. The document is drawn up in free form, but indicating the required details:

full name of the organization;
Full name and position of the manager on whose behalf the notification is submitted. This can be either the director of the company or a line manager responsible for working with personnel and personnel records (for example, the head of the HR department, the head of the HR department, etc.);
Full name and position of the employee to whom the notification is sent;
confirmation of the fact of failure to complete the probationary period;
description of the reasons for failure to pass the test. In this paragraph, it is necessary to briefly and clearly indicate the criteria that were put forward to the employee and which he did not fulfill;
a warning about the upcoming dismissal indicating a specific date (no earlier than 3 days from the date of drawing up the document), as well as references to labor legislation (LC Part 1, Article 71);
date of the notification;
signature of the originator (manager or person replacing him on the basis of a power of attorney).

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

We give notice to the 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 complying with the norms of labor legislation. How to do this - see the instructions below.

Step 1. Compiling a notice

Draw up a notice in accordance with the sample provided, indicating the necessary details. When drawing up the document, special attention should be paid to justifying the reasons for dismissal. It is better to rely on specific facts in the text (violation of labor discipline by an employee, untimely 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 an employee is recognized as having failed the probationary period and must be dismissed, the lower the risk of disputes and claims from the employee.

Step 2. Sending the notification to the employee

To dismiss an employee in accordance with Article 71, the employee must receive notice no later than 3 working days before the expiration of the probationary period and the day of immediate dismissal. If the employee receives notifications later, then the norms of Part 1 Part. 71 of the Labor Code do 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 an employee is recognized as having failed the probationary period, he may be dismissed on the day it ends – 10/31/17. Thus, the employer must send notice by October 25, 2017 (3 days before 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 in the company.

Step 3. Obtaining the employee’s consent to dismissal

A prerequisite for dismissing an employee under Art. 71 – availability of his written consent. To optimize document flow, it is advisable to draw up a notice with the column “I have read and agree”, in which the employee can sign. Consent to dismissal based on the test results 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. Dismissal of an employee and settlement of payments

After the employee has been notified of the employee’s failure to complete the probationary period and his consent has been received, the employer can proceed directly to the dismissal procedure. In this case, the company should act in accordance with the general procedure, namely:

HR department to prepare a dismissal order, with reference to Art. 71 Labor Code (date of dismissal – last day of the probationary period);
accounting departments do not calculate and pay wages and other remunerations later in the day layoffs;
on the day of dismissal, the HR department fills out a work book (indicate the basis 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.