Probation is a common practice when hiring a new person. If, for some reason, one of the parties became aware that long-term employment relationships were not interesting to her, an accelerated procedure for terminating the employment contract was established.
Instructions
Step 1
If the employer does not like the new employee, he can fire the new employee before the expiration of the probationary period. To do this, he must do the following: in writing (I emphasize, in writing!) Three days in advance to warn the employee that he will be dismissed as not having passed the probationary period."
Step 2
The mentioned document must necessarily indicate the reasons why the new employee is assessed as not having passed the test. And here, I assure you, in nine cases out of ten, they will either hand you a piece of paper without these very reasons, or they will write some nonsense there. And if you are interested in staying in this job, you can go to court in this case. If at least one of the points I have indicated is not met: the deadline, the written form, an indication of the grounds for considering a person not passed the probationary period, the employee will be reinstated at work, and for all the time that you have been suing, you will be paid a salary.
Step 3
If you are an employer, consider the following. Firstly, an organization that has entered into an agreement with a new employee and has not indicated a condition on a probationary period in the text of the contract is considered to have entered into a contract without this trial. In this case, the general standard rule provided in the Labor Code for the termination of an employment contract at the initiative of the employer works. Those. you can fire an employee either with his or without his consent, but if the employee has done something wrong - article 81 of the Labor Code.
Step 4
The second point you have already, I think, caught - it will not be possible to fire a competent person, simply by putting him out the door. Therefore, if you are going to fire a bum or a fool a couple of weeks after he came to your close-knit team, in the document in which you inform him about this, indicate what responsibilities he does not cope with and what required professional skills he does not possess. Remember that if he calls you to court later, you will have to prove that you are not a camel. More precisely, the camel is not you. In other words, you will have to prove the inadequacy of the dismissed person for the position held.
To do this, job responsibilities must be thoroughly spelled out in the instructions, and the employee is familiar with them. And upon dismissal, you must have evidence that the newcomer did not fulfill or poorly performed his duties.
