During the probationary period, the employment contract with a new employee can be terminated either at his request or at the initiative of the employer. The Labor Code provides for a simplified procedure that allows you to issue a dismissal in 3 days.
Dismissal initiated by the employer
The probationary period can vary from 1 to 6 months, it all depends on the policy of the company and the specific position. The time is counted from the date of employment specified in the employee's application, the duration of the probationary period must be indicated in the employment contract. If the results of the work of the new employee are unsatisfactory, the employment agreement may be terminated at the initiative of the employer. The simplified dismissal system during this period requires compliance with the only formality - the issuance of a notice to the employee of the termination of the employment contract. The notice should be:
- drawn up in writing;
- issued no later than 3 days before the alleged dismissal;
- certified by the personal signature of the employee.
The notice of dismissal indicates the reason and date of termination of the contract. You cannot fire an employee if he is on sick leave or on vacation. If a woman found out about pregnancy while on probation, it is prohibited to fire her on the initiative of the employer. This also applies to single mothers raising children under 1, 5 years old.
If the time of the probationary period is not specified in the employment contract, it is considered that the employee was accepted without additional conditions and cannot be dismissed under the simplified scheme. The decision of a manager who terminates employment on his own initiative without good reason may be appealed in court.
Termination of the contract at the request of the employee
The probationary period allows the employee to take a closer look at the new workplace, assess its potential and own capabilities. If the new position seemed unsuitable, the termination of the contract is provided on the initiative of the employee. This can also be done using a simplified scheme. You must submit an application addressed to the head of the company It is drawn up in free form; reasons for dismissal are not required. The notification is certified by the employee's signature.
The application can be submitted in person or sent by registered mail with notification. After the expiration of the date specified in the notice, the employee can consider himself free of obligations and not go to the workplace. The notice can be filed while on vacation or sick leave. On the day of termination of the employment contract, the employee must be issued a full calculation and a work book with a note of dismissal (Article 77, Part 1, Clause 3 of the Labor Code of the Russian Federation).
If the employee was registered, but decided not to start his duties, because they did not suit him, the contract may be canceled. In this case, an entry in the work book is not made, the employment contract is considered not concluded.
Is it possible to dismiss without working off
Article 71 of the Labor Code states that an employee can only be dismissed after a written warning. It is drawn up and issued against signature three days before the expected completion of the contract. These days, the employee must work as usual, after the termination of the contract, he will receive a salary for the entire period up to the date of dismissal.
In some cases, a warning may be given in advance, requiring a two-week working off. However, if such conditions are not provided for by the contract, the employee has the right to refuse and quit at his own request. In this case, he is obliged to notify the employer 3 days in advance in writing. By mutual agreement, the contract can be terminated immediately.
If, during the probationary period, an employee submits an application for dismissal of his own free will, he can indicate in it any period in which it is desirable to terminate the contract. The minimum legal period is 3 days, the maximum is limited by the conditions of the probationary period. It is worth considering that after its termination, it is necessary to notify the employer no later than two weeks before the proposed dismissal.
