If the employee has not completed the probationary period. Dismissal of someone who has not passed the probationary period

People are often hired without recommendations 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 a legal basis for terminating 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 is also not included in the probationary period. 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;
persons who graduated from an educational institution no more than one year ago and were employed for the first time 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 a detailed description of the reasons for non-fulfillment of 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 failure to fulfill official duties (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).

And if the test results are 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 completed the probationary period and document this in our consultation.

Didn't pass the probationary period? Wait for the notification!

If the employer believes that an employee on probation is not suitable for the work assigned 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 notice must contain an indication of the reasons why the employee is found to have failed the test. We have provided a sample for notification of failure to complete the probationary period.

The preparation of such a notice is usually preceded by a letter from the person responsible for testing the employee (usually his immediate supervisor). This conclusion describes in detail the employee’s violations of official duties established by the employment contract, job description, and internal labor regulations. In the notice sent to the employee, a detailed list may no longer be provided - 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 notice (Part 1 of Article 71 of the Labor Code of the Russian Federation).

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

Please note that the dismissal of an employee who has not completed the probationary period is carried out without payment of 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 record the dismissal in the work book

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

What wording should be included in the notice of dismissal in the work book? When dismissing an employee who has not passed the test, the basis is 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). In this case, the entry must be specified - dismissed as having not completed 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 Resolution No. 225 of April 16, 2003):

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

Of course, an employee is unlikely to want to receive such wording in his work book. Therefore, he can get ahead of the employer and resign himself in a simplified manner before the expiration of the probationary period, having notified 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 cannot cope with his responsibilities and is mentally ready to quit before the expiration of the probationary period, or who is simply not satisfied with his new job.

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

What will help prove the low qualifications of an employee?

How to notify of dismissal so that you have evidence

When a probationary period is established for a new employee upon hiring, employers usually consider it as an additional reason for dismissal - unsatisfactory test results (Article 71 of the Labor Code of the Russian Federation). However, such a safety net in case an employee does not have professional qualities or does not work well with the team is rather conditional. The fact is that in order to be dismissed on this basis, significant evidence is required that the employee failed the test. And for this, at a minimum, you need the task itself for a probationary period and a reasoned conclusion about the results of its implementation. Otherwise, the claims of former employees for reinstatement will be satisfied, which in turn can result in significant costs for the company. Read this article about how to properly prepare documents for testing and have convincing evidence in court.

An individual work plan during the test is a powerful argument in court

Despite the rather detailed regulation of the probationary period in the Labor Code, it is better to pay special attention to the first stage of the relationship between the employer and the new employee - drawing up the probationary conditions. There are subtleties here, without taking into account which the court and labor inspectorate may decide that there was no probationary period at all.

The condition of a probationary period must be specified in the employment contract and duplicated in the order for employment (Part 1 of Article 68 of the Labor Code of the Russian Federation). Sometimes employers, fearing that an employee may not be suitable for the company, do not enter into an employment contract with him until the end of the probationary period. Instead, the manager issues a hiring order indicating that the employee was hired on a probationary period. Employers consider this scheme convenient, on the one hand, it creates the illusion of an established employment relationship for the employee, and on the other hand, the company saves itself from officially registering the employee. If the employee subsequently does not suit the company, the manager dismisses him as having failed the test, citing the order. However, such a scheme is contrary to the law and the labor inspectorate may fine the company during an inspection.

The fact is that the hiring order must fully comply with the terms of the employment contract (Article 68 of the Labor Code of the Russian Federation), it indicates the contract number (form No. T-1, approved by Resolution of the State Statistics Committee of Russia dated 01/05/04 No. 1). Accordingly, such an order is issued by the manager only when the employment contract has already been concluded, otherwise the company faces a fine of 30 to 50 thousand rubles (Article 5.27 of the Code of Administrative Offenses of the Russian Federation). But most importantly, this design option will not confirm that the employee was given a probationary period; he will be considered actually allowed to work without probation.

Another document that an employer can draw up before an employee starts work is an individual plan for the duration of the probationary period. This document specifies the main responsibilities of the employee, stages of work, tasks and deadlines for their completion, and also appoints a so-called mentor who will evaluate the work performed. The employee will need to be familiarized with the individual plan against signature.

It is better to document every mistake of an employee

An unsatisfactory test result of an employee must be documented. Documents that record the employee’s work results (including intermediate ones) can serve as confirmation.

If the employer has drawn up an individual work plan for the employee, then the results are noted by the mentor directly in this document with an assessment of the result and comments. If an individual plan has not been drawn up, then you can give the employee written control tasks indicating the deadlines for their implementation, and then evaluate and record the results.

But in any case, it is better to record and document the employee’s mistakes: such documents can be reports, memos from the immediate superior about the employee’s violation of the job description or employment contract, orders to impose penalties, comments in writing, reports on the release of defective products, poor quality doing the work. It is advisable to familiarize the employee with such documents against signature, and after each mistake require an explanatory note.

It is also possible that from the beginning of the employee’s work, no acts, reports or other documents were drawn up, and orders were issued orally. In this case, a special commission will have to be created to determine the final results of the test. The decision of the commission is documented in a protocol.

A properly executed notice is the main argument in court

If, based on the test results, it is obvious that the employee is not suitable for the proposed job, then he must be informed of his upcoming dismissal. This can be done at any time after the manager (commission) makes a decision, however, the Labor Code obliges to notify the employee of dismissal no later than three working days before the expiration of the probationary period (Part 1 of Article 71 of the Labor Code of the Russian Federation). If the specified period is violated, then such grounds for dismissal as failure to complete the probationary period will not be relevant and the employee can be dismissed only on general grounds. In practice, the employee is informed of the upcoming dismissal in writing by notice.

As practice shows, formulating the reason for dismissal in the form of a general indication of unsatisfactory completion of the probationary period is not enough. Thus, in one of the cases, an employee was dismissed on the grounds that she had not completed her probationary period. The employer described the reason for the discrepancy with the position held in general phrases (lack of proper independence in decision-making, insufficient initiative, etc.). When considering the case, it turned out that in fact she performed work different from her duties according to the job description, all orders were given orally, the result of the work was not recorded in any way. The court declared such dismissal illegal. The company was charged the amount of the employee's salary for the period of her forced absence (decision of the Savyolovsky District Court of Moscow dated March 4, 2009 in case No. 2-967/2009).

Therefore, the notice must list exactly what reasons served as the basis for dismissal. For example, untimely or poor quality work, violations of internal labor regulations, commission of a disciplinary offense, violation of job descriptions. Such reasons must be indicated with reference to the documents that were drawn up based on the results of the employee’s work.

Giving the employee notice of dismissal. In practice, the employee is usually notified of dismissal in person. On the notice, the employee must write: Notice of dismissal based on the results of the probationary period has been handed over, sign and date it. The original notice remains with the employer, and the employee is given a copy.

An employee may refuse to sign the notice, citing the fact that he does not agree with the reason for dismissal. Then the employer is recommended to do the following: draw up an appropriate act of refusal to sign in the presence of several company employees. Witnesses will confirm with their signatures in this act the fact of delivery of the notice to the employee, as well as the refusal to certify it in writing. A copy of the notice can be sent to the employee’s home address. However, it is better to do this not by registered mail with acknowledgment of receipt, but by handing it over in person. This method is more reliable because if problems arise with mail, it will be difficult to prove that the employee actually received the notification. At the same time, it is important to comply with the deadlines established by Article 71 of the Labor Code. A letter of notice of dismissal must be submitted to the postal authority (or courier) at least three days before the expiration of the probationary period established for the employee.

Can all new employees be subject to a probationary period upon hiring?

No, not everyone. According to the Labor Code, the employer does not have the right to establish a probationary period for certain categories of employees when hiring (for example, for pregnant women) (Article 70 of the Labor Code of the Russian Federation).

Advice on topic

It is better not to replace the probationary period with a fixed-term employment contract.

The Labor Code allows concluding a fixed-term employment contract only in certain cases (Articles 58, 59 of the Labor Code of the Russian Federation). It is prohibited to conclude fixed-term employment contracts in order to evade the provision of rights and guarantees provided to employees with whom an employment contract is concluded for an indefinite period (Resolution of the Plenum of the Armed Forces of the Russian Federation dated March 17, 2004 No. 2). Therefore, there is a risk that the employee will contact the labor inspectorate and such an agreement will be recognized as concluded for an indefinite period (Part 5 of Article 58 of the Labor Code of the Russian Federation).

Colleague's experience

We have a probationary period clause included in the employment contract, as well as in the employment order, which the employee reads upon signature. We believe that drawing up an individual work plan is inappropriate, since the employee must take part in the general labor process. Most orders are made orally, but if an employee signs a document for execution, then, naturally, a deadline for its execution is put on the document and the quality of the work performed is controlled by the head of the department to which the employee was hired. If an error is identified, the employee’s immediate supervisor prepares a memo addressed to management, and written explanations are taken from the employee. The same explanations are taken when complaints are received from clients and counterparties.

Often, management has a misunderstanding of the fact that during the probationary period, the professional qualities of the employee are checked, and not his personal qualities. Therefore, you cannot fire an employee for creating an unfavorable moral climate in the team, even if you really want to.

Source - Company Lawyer magazine

When a person applies for a job, they are invited to attend an interview. This is the case if he has never worked in this company. If a potential employee successfully passes the interview and has skills and experience that match the vacancy, he is hired. However, this is not yet final success.

Probation period - what is it?

The probationary period when hiring is the period when a new employee begins to perform duties in the company for the first time, and his work is evaluated by a potentially permanent employer. The probationary period is a chance for both parties to understand:

To the employer - whether the employee is suitable for the position.
The employee is satisfied with the team, duties and working conditions.

Probationary period - pros and cons

Working with a probationary period has its advantages and disadvantages. Recruiting and retaining valuable employees is a daunting task for HR professionals. The introduction of a probationary period is a kind of guarantee of hiring a suitable employee. Advantages for the employer:

The ability to evaluate an employee’s performance without significant risks.
The right to terminate probation without any consequences.
Lack of significant financial investments (for example, benefits) until the end of the “examination” period.

There are also significant disadvantages:

The employee may leave before the expiration of the probationary period, leaving him with a “new” vacancy.
The risk of wasted finances if:

the employee decided to leave;
the candidate was not suitable.

For the applicant, the probationary period is also replete with pros and cons. Undoubted advantages:

a chance to “fit in” to the position;
the opportunity to see the company from the inside;
lack of serious obligations when leaving.

Not so pleasant aspects:

reduced wage rate;
the risk of “flying out” and being left without work;
lack of a full package of benefits.

To avoid negative aspects when applying for a job with a probationary period, you need to get answers from the employer to the following questions:

How long will the probationary period last?
Who will evaluate and when?
If a reduced salary is offered during the trial period, when will it increase?
How many people were tested for this position, and how many were eliminated?
What specific duties will be performed?

Before agreeing to a probationary period, it is important:

Understand all its terms.
Be willing to go the extra mile to make an impression.

It is common practice for employers to expect more from newcomers - to perform work that is not directly related to the job description. For example, after hours or little things like “running for coffee” and “changing the cartridge in the printer.” It's okay if in moderation. These situations test your ability to:

to be active;
work in a team;
come face to face with .

Probation period

The probationary period must be specified in the employment contract. According to the Labor Code of the Russian Federation, it can last up to 3 months, no more. During this period, the employee has all rights in accordance with labor laws. A probationary period of 6-12 months can be assigned for management positions (director, branch manager) and their deputies, as well as for:

chief accountant;
police officer;
civil servant;
law enforcement officer.

Probation cannot be extended. If the probationary period expires and the employee continues to work, he is considered to have passed it successfully. Applicants of some categories are not subject to a probationary period:

pregnant women;
mothers with children under 1.5 years old;
employees under 18 years of age;
employees with an employment contract of less than 2 months.

I haven’t passed the probationary period – what should I do?

Failure to complete probation is not the end of the world. If all the issues were discussed before it began, and the “failure” was honest on the part of the employer, it is worth moving on:

first calm down;
then rest;
update your resume;
start searching - your dream job is still ahead!

How to quit during a probationary period?

Dismissal during the probationary period works both ways. The law states that an employee has the right to terminate an employment contract during the probationary period on his own initiative:

Reporting your decision three days in advance.
By writing a letter of resignation.

It is not necessary to inform the employer about the reasons for leaving - a simple written notice will suffice. However, there are some points:

Workout. In the case of full-time work, it lasts two weeks. If you leave voluntarily during the test, it is reduced to three days.
The financially responsible person, upon dismissal during the probationary period, must transfer all matters to the receiver.

Can you be fired during a probationary period?

Dismissal during the probationary period at the initiative of the employer and due to unsuccessful results is possible. But certain rules must be followed; the employer must:

Establish clear criteria for evaluating an employee for a probationary period.
Issue work assignments in writing.
Provide at least 3 days notice prior to termination date.
Provide a reasonable explanation of the reasons.

Russian labor legislation provides for the possibility of including a probationary period when concluding an employment contract with a new employee. It is often used by employers in practice.

This allows you to evaluate the qualifications and personal qualities of the person hired, which will help make a conclusion about professional suitability. If the trainee is not suitable for the job, the employment relationship with him may be terminated in a simplified manner.

IP terms are specified in the employment contract.

According to Art. 71 of the Labor Code of the Russian Federation, an employee can be dismissed from the organization if he performed poorly during the test. The employee must notify the employee of this intention at least 3 days before his dismissal. Termination of the contract due to this circumstance is permitted only before the end of the contract.

The employee must personally receive written notice. It requires the identification of the arguments on which it was concluded that the competency test was failed. It is signed by the person being dismissed.

For the legality of dismissal, it is important to include a condition on IP with the consent of the person hired. In addition to the contract, it is mandatory to include it in the employment order. The employee agrees to the IP by signing a statement containing this agreement.

When employing a newcomer, it is necessary to familiarize him with the documentation regulating his labor functions against signature:

internal regulations;
instructions for a specific position;
other provisions specifically related to his work responsibilities.

If an employee grossly violated discipline or committed a guilty illegal act, the grounds for dismissal may be the points contained in Art. 81 Labor Code of the Russian Federation.

In order for an employee to be dismissed as a failed IP, it is necessary to provide in advance for the conclusion of a contract with the condition of assigning an IP. Full compliance with the procedure for documenting this condition is necessary.

It is also necessary to properly notify the employee of management’s intention to part with him.

Dismissal at the initiative of the employee

You must write an application.

In paragraph 4 of Art. 71 of the Labor Code of the Russian Federation states that an employee who is on an IP job can leave at will if he considers that the work is unsuitable. Although dismissal will be formalized, its procedure is also simplified here.

An employee who intends to resign must notify management in writing. This requirement must be fulfilled at least 3 days before the actual end of performance of one’s work duties. Then the manager cannot detain the employee and is obliged to sign his application, as well as make all payments with him.

If the dismissed person is burdened with financial responsibility, he must first take care of transferring affairs to his successor. Since there is no such provision in the Labor Code of the Russian Federation, the corresponding provision must be promptly included by management in the local act of the organization.

It is also useful to know that if the outcome of the IP is negative, in most cases the employer will accommodate the employee halfway by filing a voluntary dismissal.

Dismissal at the request of an employee when he is on an IP is provided for by the Labor Code of the Russian Federation. It is similar to similar dismissal in the general case, but you must first work not 2 weeks, but 3 days.

How to quit during a probationary period

The procedure for dismissal during the probationary period.

Dismissal under IP is organized according to clause 3 of Art. 77 of the Labor Code of the Russian Federation, taking into account Art. 80, which regulates in more detail at the request of the employee. In general, the sequence is:

The employee writes a statement in 2 copies addressed to the manager of the organization about his resignation at his own request. It must be presented to the manager at least 3 days before leaving. Both copies are subject to registration in the office;
The manager signs the application and issues a dismissal order, which must contain a link to the application, and notes its registration number. The contents of the order are brought to the attention of the person resigning, which he confirms with a signature;
An entry about dismissal is made in the work book, indicating Art. 77 Labor Code of the Russian Federation. The record also includes the order number;
A copy of the order is transferred to the accounting department to process the settlement with the former employee;
Payment is made in full on the employee’s final day of work;
Then the person leaving must be returned;
At the request of the person leaving the organization, he is given reference documents: a certificate of average salary, insurance premiums, etc.

If the notice period has not expired, you may change your mind about quitting by withdrawing your application. His position will be retained unless another employee has already been invited in writing.

Thus, voluntary dismissal from an IP is carried out in the standard manner, but in a shorter time.

Sick leave on probation

An employee on sick leave cannot be fired.

If the subject is on sick leave, this time period is not included in the IS. In case of illness, it is subject to extension for the duration of the sick leave.

When an intern receives a notification from the employer before going on sick leave about the intention to terminate the contract with him, his dismissal is postponed for the number of days during which the temporary disability occurs.

During a period of temporary incapacity for work, an employee who is on self-employment can also notify the employer 3 days in advance of the decision to resign. Here we must take into account that the agreement will be terminated even if the employee is still on sick leave.

Paid in an amount depending on length of service.

Sickness benefits must be paid on a general basis.

It is prohibited to dismiss an unsuitable employee while he is on sick leave, but if he himself applies, the contract can be terminated while he is on sick leave.

The procedure for dismissing an employee who has not passed the IS

The employee is notified in advance of dismissal.

Dismissing an incompetent trainee is a multi-step and difficult procedure. To implement it, you will need to go through the following steps:

it is necessary to collect documents confirming that the subject cannot cope with official duties. These include:

Explanatory notes from the employee whose dismissal is expected;
Documents indicating the imposition of disciplinary sanctions on him;
Documentation recording errors and violations committed by the employee;
Documents reflecting customer complaints against an employee;

Next, you need to issue a notice and hand it to the person being dismissed 3 days before the dismissal;
three days after the employee receives the notice, a dismissal order should be prepared. The employee should be familiarized with the contents of the order and asked to sign it. If you refuse to sign, you must draw up a document recording this;
a certified record of dismissal is made. Although according to the Labor Code of the Russian Federation one can refer to Art. 71, having noted in the record an unsatisfactory test result, in fact, such wording is rarely introduced due to the complexity of organizing the procedure proving the validity of dismissal based on this indicator. Usually they are fired at their own request;
On the day of dismissal, the organization is obliged to make all payments due to the dismissed person.

An employee who fails the test can be dismissed only in full compliance with the procedures prescribed by law.

To avoid litigation, the employer must fully prove that the employee did not complete the test to which they were given written consent.

Order and notice of dismissal

The employer issues a dismissal order.

The notice must be provided to the employee 3 days before his dismissal. He must have the opportunity to familiarize himself with its contents.

It can be prepared by a personnel department employee who has received appropriate instructions from the curator. It must contain a reference to the Labor Code of the Russian Federation. The notification must be certified by the seal and signature of the manager.

If the dismissed person refuses to sign it, an act must be drawn up. It must be completed in the presence of 2 witnesses.

After the dismissed person signs the notice (or draws up an act of refusal), an order is made in the T-8 form. It must indicate the article under which the dismissal is issued, as well as a link to the document with its number about the violations and inconsistencies committed by the employee.

The order is subject to registration in the order book of the organization.

The notification must be reasonable and duly certified. It acts as the basis for drawing up a dismissal order.

Is such dismissal legal?

After passing the IS, it is prohibited to dismiss an employee on this basis, regardless of the test results, since the trainee is automatically recognized as having passed the IS.

If during the IP test the subject was placed in a position that is higher than the one he initially occupied, his dismissal as having failed to pass the IP test is also illegal.

Violation by the employer of the procedure for appointing a test or the absence of a provision about it in the contract means that it is not valid. This means that if the dismissal is challenged, any court will rule in favor of the dismissed person. It can also be challenged if the dismissal procedure is not followed.

The law prohibits dismissal based on IP results:

pregnant women;
women raising a child under 3 years of age;
single mothers (or fathers) raising a child under 14 years of age or a disabled child;
persons recognized as breadwinners of a disabled child;
persons recognized as breadwinners of a child under 3 years of age if they are raising 3 or more children.

Therefore, dismissal is legal if its procedure is properly followed and all required conditions are met.

You cannot fire employees who fall into one of the legally protected categories.

Before dismissing an employee based on the results of a test, the employer must carefully familiarize itself with the legal norms in this area of labor law. Only with strict compliance with all legal requirements can one guarantee the legality of dismissal and reduce the likelihood of a dismissed employee filing a lawsuit.

From this video you will learn about the probationary period.

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