How to dismiss a person on probation
First, 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 cannot give reasonable explanations for such behavior, suggest that he quit on his own will or by agreement of the two parties with payment of compensation for early termination of the employment contract. Consider that compensation is a punishment for not being able, at the stage of selecting a specialist, to consider in an employee an unprepared person to work.
If this method is unacceptable to you, or a newcomer does not agree with such a proposal, then start collecting evidence for a future justification of the reasons for the premature dismissal of the employee. Give this employee written orders and assignments, with deadlines for their implementation and with the requirement of a written report on the work done. Control the execution of all orders.
When you consider that you have collected enough convincing arguments to dismiss on probation, make a written notice of termination of the employment contract due to the unsatisfactory result of the work during the probation period. In the notice, indicate all reasonable reasons for dismissal. Register a notification according to the rules of workflow. Three days before the day of the dismissal, hand a notice to the employee, taking a receipt from him. The employee may refuse to familiarize himself with the notice, then draw up an act of refusing to receive the notice and sign it with the employees present at the refusal.
Issue an order to dismiss an employee during the probation period. Try to bring the order to the dismissed employee under the signature. If the dismissed person refuses to sign the document, make a corresponding note in the order.
Make a note in the employee’s personal card and employment record in accordance with the labor code, stating that the employment contract was terminated at the initiative of the employer due to the unsatisfactory result of the work during the probation period. In such a situation, the severance pay is not paid, and dismissal during the probationary period takes place without taking into account the opinion of the primary body (the trade union). The employee signs in the work book and personal card. If the employee refuses to receive a workbook or is not behind it, make and send to his address a registered notice of the need to pick up a workbook. If you refuse to receive a workbook, make a statement.