According to article 70 of the Labor Code of the Russian Federation, when hiring an employee, the employer has the right to establish a probationary period. This item is included in the employment contract with the indication of the trial period. During this period, the professional suitability of the hired employee and other qualities necessary for working at the enterprise are checked. In accordance with article 71 of the Labor Code of the Russian Federation, during the probationary period, the employer has the right to terminate the employment contract on its own initiative.
It is necessary
- - notification;
- - order;
- - act of violation (if dismissal occurs after a probationary period at the initiative of the employer);
- - a written document on the imposed penalty.
Instructions
Step 1
If you plan to fire an employee as not having passed the probationary period, then this must be done before the end of the probationary period. If you have not completed the dismissal procedure, and the employee started work after the end of the probationary period, you can dismiss him only on the general grounds provided for by the Labor Code of the Russian Federation.
Step 2
To fire a person who has not passed the probationary period, write a written notice three days before the planned layoff. Show the notification to the employee against receipt. After the specified period, you have the right to terminate the employment contract, specifying the reason "Did not pass the probationary period."
Step 3
An employee also has the right to quit during the probationary period if he found a more suitable job or the position for which he got a job does not suit him, but he must notify you three days before the dismissal.
Step 4
You do not have the right to establish a probationary period for employees hired on a competitive basis, pregnant women and women with children under one and a half years. As well as minors, young professionals sent to you after graduation from accredited state institutions, specialists in elected positions, transferred and temporary employees.
Step 5
If you did not fire an employee during the probationary period or on the last day of probation, then you can terminate the employment contract on the initiative of the employee or on your own initiative. If you terminate the contract on your own initiative, you must have a good reason for terminating the employment relationship and fulfill a number of requirements provided for by law.
Step 6
The Labor Code provides that after the end of the probationary period, the employer has the right to dismiss financially responsible persons for distrust, teachers for rude treatment of children, and all other employees for a number of violations. In this case, you are obliged to draw up an act of violations, issue a written punishment, present all the documents drawn up against a receipt to the employee and only after that terminate the employment contract.
