How to register failure to complete the probationary period. Notice of failure to complete the probationary period: how to draw up and serve

A probationary period may be provided for when hiring adults, if general period for which the contract is concluded exceeds 2 months. Clause on mandatory completion by an employee probationary period is indicated in the employment contract, otherwise the dismissal of the employee may be considered illegal.

The following is also considered unlawful dismissal during a probationary inspection:

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.

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

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

Procedure for dismissing an employee during a probationary period

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

In accordance with Part 1 of Article 71 of the Labor Code of the Russian Federation, an employee who failed to cope with his duties during the probationary period must be informed at least 3 days in advance of his upcoming dismissal. Such employee must be given formal notice.

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

A notice for dismissal due to failure to complete the probationary period must be prepared 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 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 the fact of receipt of the notification, the authorized person may draw up, in the presence of two witnesses, an act of refusal, which will have the same legal force.

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

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

After the calculation is made, 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 dismissal

Interesting information

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

The reasons for dismissing an employee should always be related to failure to fulfill work duties and obstruction of the work process. It is impossible to fire a person for his personal qualities, beliefs and passions if this does not interfere with his ability to perform his job duties. A notice of upcoming dismissal must always indicate a valid and truthful reason, otherwise the employee will be able to challenge the decision in court.

Dismissal as someone who has not completed the probationary period may be carried out for one of the following reasons:

Disciplinary violations - coming to work drunk or under the influence of drugs, failure to comply with the work schedule, failure to show up for work on a working day.
Poor performance of duties - violation production process, decreased performance indicators, inappropriate treatment of the organization's customers.
Failure to comply with internal regulations - the employee does not wear a uniform, if one is provided, does not adhere to the dress code and safety regulations.
Late execution of instructions if this interferes with 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 inadequacy of the position or failure to fulfill duties, it is advisable to have documentary evidence presence of violations. Documents such as reports and explanatory notes, complaints against an employee from clients and colleagues, confirmation of the production of low-quality products, as well as oral and written testimony can easily convince the court of the legality of the employer’s actions.

It is better to discuss possible reasons for dismissal due to an unsatisfactory test result with the employee before signing the employment contract. A preliminary agreement documented by the terms of the contract will increase the employer’s chances of winning legal proceedings in case of their occurrence.

Any questions you may have can be asked in the comments to the article.

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 the probationary period, the legal relationship between the employee and the 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 of his own free 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, an individual schedule for the 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;
for the duration of the immediate passage of the prescribed tests, the employee is not paid at all wage, or its size 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.

Often, enterprises set a probationary period for hired personnel, during which the employer observes the work of the new employee. Art. 71 of the Labor Code of the Russian Federation regulates the dismissal of those who have not completed the probationary period. According to this article, if the test results are unsatisfactory, the employer has the right to dismiss the employee, but he must first notify him in writing of the failure to complete the probationary period.

Dismissal of an employee for failing to complete the probationary period: grounds

The probationary period is necessary in order to look at the person being accepted in action. The duration of the trial cannot exceed 3 months, and when concluding a fixed-term employment contract for a period of up to six months, the probationary period does not exceed 2 weeks. When applying for a leadership position, the probationary period can last up to 6 months.

Dismissal based on the results of the probationary period can occur if the company's management is dissatisfied with the work of the new employee or unsatisfactory test results are obtained after training.

It is not possible to fire an employee just like that; there must be compelling reasons for this:

poor quality work;
failure to fulfill duties;
inability to fulfill assigned tasks and volumes;
mismatch of qualifications;
constant violations of internal regulations;
violation of labor and safety standards.

The reasons for dismissal should be exclusively specific and not general. Based on clause 2 of Art. 70 of the Labor Code of the Russian Federation, the condition of a probationary period must be reflected in the employment contract. If it does not include such a clause, then there is legally no test.

Who cannot be tested

women – pregnant or having a child under 1.5 years old;
persons elected through a competition to fill a position;
minors;
employees invited by transfer.

The full list of beneficiaries is given in paragraph 4 of Art. 70 Labor Code of the Russian Federation.

Important! If a hired woman turns out to be pregnant before the end of the test and has not completed her probationary period at work, she will not be fired (Article 261 of the Labor Code of the Russian Federation).

How to fire an employee who has not completed the probationary period

Algorithm for the procedure for dismissing an employee as someone who has not completed the probationary period:

Preparation of documents that are the basis for the decision made. These could be: memos, marriage certificates, absence from work certificates, etc.
Drawing up and delivering a notice to the employee. It is necessary to notify the employee of dismissal 3 days in advance. The document is drawn up in 2 copies, the employee must sign both. If he refuses to sign, the organization creates a commission of 3 people and, in their presence, issues an act of refusal to familiarize itself with the notification. If there is a commission, the employee is automatically considered notified.
Drawing up a dismissal order, on which the dismissed employee must sign his acquaintance.
Accrual and payment of settlement amounts on the day of dismissal.
Making an entry in the work book and transferring it to the owner.

To dismiss an employee, you do not need to wait until the end of the probationary period; conclusions about the quality of work can be made earlier.

Notification of failure to complete the probationary period: sample and contents

According to Part 1 of Art. 71 of the Labor Code of the Russian Federation, the notification must reflect the reason for dismissal. Additionally, they must be documented. The sample notification of failure to complete the probationary period is not approved at the legislative level. However, there are main points included in the notice of dismissal of an employee who has not completed the probationary period:

links to articles of the Labor Code of the Russian Federation;
reasons for recognizing the work as unsatisfactory;
warning about termination of the employment contract;
record of familiarization;
executive visa;
seal impression.

It is recommended to attach copies of documents that form the basis for the decision to the notification. Notice of failure to complete the probationary period is issued in two pieces. One copy remains with the employee, the second is filed in his personal file and stored there for 50 years.

Dismissing an employee for failing to complete the probationary period is permitted only if there are compelling reasons that are documented. Otherwise, the employee will be able to challenge decision through the court.

At the end of the probationary period, employers can notify the employee that he is not suitable for the company. It is important to take into account that, according to the law, it is impossible to dismiss an employee without compelling reasons. Labor legislation protects citizens from unjustified dismissals. Let's look at what a sample notice of failure to complete the probationary period looks like and what information the document contains.

A notice of failure to complete a probationary period is a document that is provided to an employee of an organization who has not completed the probationary period. The main provisions of the test are established by Articles 70 and 71 of the Labor Code of the Russian Federation.

According to Article 70 of the Labor Code of the Russian Federation, the test conditions are provided for in the employment contract. Maximum term verification of an employee’s professional competencies is 3 months. For managers no more than 6 months. At negative result probation, the head of the company has the right to terminate the employment contract before the completion of the probationary period. If the employee refuses to familiarize himself with the document, then an act of refusal to familiarize himself with the notification is drawn up.

Some facts

According to statistics, after the probationary period expires, 84% of subjects are hired; 7% of candidates quit on their own; another 7% are fired without explanation; and only in 2% of cases are candidates explained why they were not suitable.

The employee should be notified of dismissal no later than three days before being released from his position. The notice must be given in writing. If the dismissal is initiated by the employee himself, then he similarly undertakes to notify the employer in writing of his upcoming resignation.

The legislation does not provide for a set form for the notification form, so specialists draw up the document in any form. Based on Article 71 of the Labor Code of the Russian Federation, the notification must contain the exact wording of the reasons that became the basis for recognizing the employee as having failed the test. A notice of termination of an employment contract due to unsatisfactory test results is kept by the company for 75 years.

The reasons for dismissal should be documented, and there must also be references to documents confirming the citizen’s professional unsuitability for this position. Documents include complaints, acts, memos. The immediate superior has the right to draw up a memo addressed to the head of the organization, which initiates consideration of the issue of dismissing an employee due to insufficient qualifications for a specific type of work activity.

For example, the reason for dismissing an employee during a probationary period may be:

poor quality of assignments;
failure to fulfill the labor duties assigned to the employee;
failure to complete assigned work in full or on time;
inconsistency between the employee’s qualifications and the position held;
systematic violation and disregard of labor regulations established by the organization, as well as norms labor legislation(absenteeism, tardiness, showing up at the workplace in an indecent manner, etc.).

The notification is issued in accordance with legal requirements. The document must contain the following information:

Links to articles of the Labor Code;
Warning about termination of the employment contract. The document must indicate the number and date of conclusion;
The reasons why the results of work during the test period were considered unsatisfactory;
Call for familiarization of the notice;
Manager's signature;
Seal;
It is recommended to attach copies of the documents on the basis of which the decision was made.

The following may sign a notice of failure to complete the probationary period:

Head of the organization;
A person authorized by the company’s management to conclude and terminate employment contracts with personnel.

In the video, a specialist talks about dismissal for failure to complete the probationary period.

The notification header contains the following information:

Name of company;
Title of the document;
Registration number;
Date of preparation;
Full name of the employee's position;
Last name, first name and patronymic.

The notice is made in two copies for each party. The employer's copy is filed in the employee's personal file.

Ask your questions regarding notification of failure to complete the probationary period in the comments

IN new company An employee may be subject to a probationary period upon hiring. During this period, the administration checks his experience and qualifications in practice, recording all achievements and shortcomings with the help of certain documents. If the company understands that the employee is not suitable for the position, then before dismissing him, the company must provide notice of failure to complete the probationary period.

It is carried out mainly for the same reasons as the usual termination of a contract initiated by the company administration.

However, if you fail to complete the probationary period, it is especially important to formalize everything correctly so that there are no problems with the termination process in the future.

Can be designated following reasons termination of the employment contract during the test:

Violation of safety regulations;
Violation of the organization's internal work schedule;
Failure or partial fulfillment by the employee of his job responsibilities;
Failure to comply with the plans and standards provided for in the instructions;
Unprofessional behavior of an employee;
Other reasons established by law.

Important! The reason why the employee failed the test must be clearly stated, without using general phrases.

Many people undergoing testing in an organization, when they are informed that they have not passed the test, ask their employer to issue a form. In this case, the labor report will not indicate their unsatisfactory performance.

What documents are required for dismissal at the initiative of the employer?

When an employee who is assigned carries out his work, he and his achievements are monitored by a responsible person who records the results using documents. Moreover, these documents are of paramount importance if it becomes necessary to dismiss such an employee.

The responsible person assigned to monitor and control the work of the subject must be:

Reports or memos on testing;
Acts on defects in production, if any;
, compiled for an employee with a probationary period;
Reports and statements from employees with whom the probationary employee works together.
And other documents.

Based on these documents, the head of the organization makes a decision regarding the tested employee. When the decision to dismiss has already been made, the law requires that the company's management notify the employee of the upcoming dismissal at least three days in advance.

The notification is prepared by the personnel department, which, after its preparation, hands the document to the employee. It must be in written form. The employee must sign the received copy, otherwise a statement of refusal will be drawn up in the presence of witnesses. The notice can also be sent by mail to the employee’s address.

The second copy of the document, which contains the employee’s receipt of receipt, must be kept in his file for at least 75 years, as well as all relevant forms.

Attention! Only after this can you begin to draw up, and on his final working day - all other documents issued upon dismissal: employment, various certificates, etc.

Sample employee notice

Download in Word format.

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

Let's take a closer look at how to draw up a notice of failure to complete the probationary period.

It is drawn up on the organization’s letterhead in free form.

At the top right is the position and personal data of the employee who is notified of the upcoming dismissal.

Next, in the middle of the line, write down the name of the document with the next number assigned to it. The date of the notification, as well as the city, is reflected below.

Then the employee is addressed in a respectful manner; his name and patronymic are reflected here.

The next line makes reference to the norm of the Labor Code of the Russian Federation, according to which the employee will be dismissed and he is informed that he has not passed the test established for him, and as a result of this, the contract with him will be terminated. It is best to also indicate here the details of the employment contract, which included a probationary clause.

The following details indicate exactly why the employee did not pass the test. At the same time, the notification must reflect not general phrases, but specific offenses, reflecting the details of documents that confirm these facts. If the employee wrote explanatory notes, then they should also be reflected in the notification.

The notification must be endorsed by the head of the company, indicating his position and personal data.

Attention! In this case, this employee must put down the date, as well as fully indicate his position and personal data, and endorse the document.