Tip 1: How to lay off during a trial period
- - documents of the employee;
- - Job description of the employee;
- - agreement on the establishment of the test;
- - Form of order form T-8;
- - Notification of dismissal form;
- - company documents;
- - the seal of the organization;
- - The Labor Code of the Russian Federation.
The employer has the right to determine the trial period again for the specialist who has arrived to work only in coordination with him. When concluding an employment contract, notify the employee of this. During the test, assign tasks to the employee in accordance with official duties and record the results of the performance in the relevant document, which should be the direct supervisor of the subject.
If you believe that the results of the trial period, a specialist does not suit you, write a notification in his name. In the header of the document, indicate the name of your company in accordance with the charter or other constituent document or the name, first name, patronymic of the individual in accordance with the passport, military ticket or other identity document, if the company's OPF is an individual entrepreneur.
Give the notification the outgoing number and the actual date of its compilation. To dismiss a test subject is possible only during the probationary period. The notice should be written three days before the end of the test. If the additional agreement to the employment contract indicates its term from December 1 to December 17, the latter should be considered December 17. If from December 1 to December 17, then the test subject can be dismissed on December 16.
Address to the employee by name and patronymic. Referring to Article 71 of the Labor Code of the Russian Federation, write down the facts that showed that he showed unsatisfactory test results. Systematic delays with further reprimands and disciplinary penalties, non-fulfillment of the manager's tasks should be indicated in this list. On notification, the employee must put a personal signature on both copies, one - to return to the employer, the second - to keep to himself.
Make an order for dismissal in the form of T-8. Give him the date and number. Familiarize the worker with the document. He should put his signature and date of familiarization. Verify the order with the signature of the director of the company or other authorized person, the seal of the enterprise.
Make a note in the personal card of the specialist, make a note-calculation in the form of T-61, where you enter the amounts of money that are put to him for the performance of the labor function.
In the employee's work record, write down the record number of the record, the date of dismissal. In the information about the work, indicate the reference to Article 71 of the Labor Code of the Russian Federation, in the grounds - the date and number of the dismissal order. Verify the record with the signature of the person responsible for accounting, keeping, storing labor books, printing the company. Familiarize yourself with the employee's record. He must put his signature.
According to Article 70 of the Labor Code of the Russian Federation, when employing an employee, the employer has the right to establish a probationary period. This clause is included in the employment contract with an indicationterm tests. During this period, the professional suitability of the received employee and other qualities necessary for work at the enterprise are checked. In accordance with Article 71 of the LC RF during the testterm The employer has the right to terminate the employment contract on his own initiative.
- - notification;
- - the order;
- - an act of violation (if dismissal occurs after a trial period on the initiative of the employer);
- - written document on the punishment.
If you plan to dismiss an employee as a non-probationary, then you need to do this before the end. If you did not make the termination procedure, and the employee started workafter end of the testterm. You can dismiss him only on the general grounds provided for by the Labor Code of the Russian Federation.
To dismiss an unexamined probationary period, draw up a written notice three days before the planned dismissal. Present the notice to the employee on receipt. After the specified period you have the right to terminate the employment contract, indicating the reason "Not passed the probation period".
The employee also has the right to resign during the testterm. if he has found a more suitable job or the position for which he has settled, he is not like him, but he is obliged to warn you three days before his dismissal.
You do not have the right to establish a probationary period for employees admitted to a position on a competitive basis to pregnant women and women with children under one and a half years of age. And also to minors, young specialists sent to youafter graduation of accredited state institutions, specialists in elective positions, transferred and temporary employees.
If you did not fire an employee during the testterm or inafter day trial, then you can terminate the employment contract on the initiative of the employee or on your own initiative. If you terminate the contract on your own initiative, then you must have a valid reason to terminate the employment relationship and fulfill a number of requirements provided by law.
The Labor Code provides thatafter end of the testterm the employer has the right to dismiss materially responsible persons for mistrust, teachers for gross treatment of children, all other employees for a number of violations. At the same time, you must draw up an act of violations, make a written sentence, present all the documents drawn up against receipt to the employee and onlyafter this terminate the employment contract.