The criteria for assessing the business qualities of an employee are not spelled out in the law, therefore the reasons and conditions for recognizing an employee as not passing the test may be different and are often the subject of legal disputes between the employee and the employer.
Evaluates the professional business qualities of the employee - the employer. It is the employer who decides whether the employee will continue to work.
In the event of dismissal of an employee due to failure to pass the test, the employer must clearly establish: what exactly is the improper performance of the employee's work duties, what exactly does he not correspond to the position held.
The reasons for the termination of an employment contract in connection with an unsatisfactory test result may be improper performance by the employee of the official duties provided for by the job description, violation of labor discipline, etc.
The fact of improper performance by an employee of job duties can be confirmed by such documents as: service notes, control cards for the passage of the probationary period, an order on the application of disciplinary punishment, an act on failure to provide a written explanation, a report on the work done, minutes of the meeting of the certification commission, minutes of operational meetings, a warning about dismissal, as well as the testimony of witnesses.
These documents should be drawn up properly and it is imperative to familiarize the employee with them against signature, since only written confirmation of unsatisfactory passing of the test is accepted in court.
