How to lay off a person on probation
To begin with, try to talk with the employee and find out why he is not doing the job. If there are no reasons for non-fulfillment of duties and he can not give reasonable explanations for this behavior, suggest that he resign at his own will or by agreement of the two parties with payment of compensation for the early termination of the employment contract. Consider that compensation is a punishment for not being able to consider a person who is not ready to work at the stage of selecting a specialist.
If this method is unacceptable for you, or if the newcomer does not agree with this proposal, then start collecting evidence for the future justification of the reasons for the premature dismissal of the employee. Give this employee written instructions and tasks, with established deadlines for their implementation and with the requirement of a written report on the work done. Monitor the execution of all orders.
When you consider that there are enough convincing arguments to dismiss on probation, collect a written notice of termination of the employment contract due to unsatisfactory results of work during the probation period. In the notification, indicate all justified reasons for dismissal. Register the notice according to the rules of the workflow. Three days before the day of dismissal, give the employee a notice, taking from him a receipt for his receipt. The employee may refuse to read the notice, then draw up an act of refusal to receive the notice and sign it from the employees present at the refusal.
Issue an order to dismiss an employee during the probation period. Try to bring the order to the employee being dismissed for signature. If the person refuses to sign the document, make a corresponding entry in the order about it.
In the personal card and work record book of an employee, record in accordance with the labor code, that the employment contract is terminated at the initiative of the employer in connection with the unsatisfactory result of work during the probation period. In such a situation, severance pay is not paid, and dismissal during the trial period takes place without consideration of 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 is not behind it, compose and send to his address a registered notice on the need to pick up the work book. If you refuse to receive a work book, draw up an act.