An interview has passed, an employment contract has been concluded between the employer and the employee. The probationary period has just begun, and the manager notes that the newly hired employee is in no hurry to fulfill his job duties. Labor legislation gives the employer the right, without waiting for the end of the trial period, to terminate the employment contract with the employee. But dismissing a person on probation is not so easy. This requires good reason.
It is necessary
- - labor contract;
- - notice of dismissal;
- - written evidence;
- - act of refusal;
- - order of dismissal;
- - work book of the employee;
- - personal card of the employee.
Instructions
Step 1
First, try talking to an employee and finding out why they are not doing their job. If there are no reasons for non-fulfillment of duties, and he cannot give reasonable explanations for such behavior, offer him to resign of his own free will or by agreement of the two parties with payment of compensation for early termination of the employment contract. Consider that compensation is a punishment for the fact that at the stage of recruiting a specialist, you could not consider an employee who is not ready to work.
Step 2
If this method is unacceptable for you, or the newcomer does not agree with such a proposal, then begin to collect evidence for the future justification of the reasons for the employee's premature termination. Give this employee written orders and tasks, with deadlines for their implementation and with the requirement of a written report on the work done. Monitor the progress of all orders.
Step 3
When you consider that there are enough convincing arguments to dismiss on probation, draw up a written notice of termination of the employment contract due to unsatisfactory results of work during the probationary period. In the notice, include all reasonable reasons for leaving. Register a notification for workflow rules. Three days before the day of dismissal, give the employee a notice, taking from him a receipt for its receipt. The employee can refuse to read the notification, then draw up an act of refusal to receive the notification and sign it with the employees present at the refusal.
Step 4
Issue an order to terminate the employee during the probationary period. Try to get the order signed by the employee to be fired. If the dismissed person refuses to sign the document, make a corresponding entry in the order.
Step 5
In the employee's personal card and work book, enter a record in accordance with the labor code that the employment contract was terminated at the initiative of the employer due to unsatisfactory work results during the probationary period. In such a situation, severance pay is not paid, and dismissal during the probationary period occurs without taking into account the opinion of the primary body (trade union). The employee signs in the work book and personal card. If the employee refuses to receive the work book or does not appear for it, draw up and send a registered notice to him about the need to pick up the work book. If you refuse to receive a work book, draw up an act.
