Tip 1: How to dismiss during probation
- — documents employee
- — job description of the employee
- — agreement on the establishment of test
- — blank order form T-8
- — form of notice
- — enterprise documents
- — seal of the organization
- — The labour Code of the Russian Federation.
Probationary period the employer is entitled to set re-entered the work to a specialist only when you reconcile with him. At the conclusion of the employment contract shall notify the employee about it. While passing the test should instruct the employee of the job in accordance with job responsibilities and the performance of locking in the corresponding document, which shall be the immediate supervisor of the subject.
If you thought that the results of the test period the technician is not right for you, write his name on the notice. In the header of the document enter the name of your company in accordance with the Charter or other constituent document or the surname, name, patronymic of a physical person in accordance with passport, military card or other identity document, if the OPF of the company is a sole proprietorship.
Give the notification a reference number and the actual date of its compilation. To dismiss the test is only possible during the probation period. The notice should be written three days before the end of the test. If in the additional agreement to the employment contract specified the period from 1 December to 17 December, the latter should be considered on December 17. If 1 Dec to 17 Dec, then dismissed the subject can 16 Dec.
Contact the person by name and patronymic. Recalling article 71 of the Labor Code, write the facts, which showed that he showed poor test results. Systematic delays with further reprimands and disciplinary action, nonfulfillment of the head should be indicated in this list. Notification-the employee must put his signature on both copies, one to return to the employer, the second to keep.
Make a order of dismissal, form T-8. Assign the date and number. Familiarize the employee with the document. He should put his signature and date of review. Sign the order signed by the Director or other authorized person, seal of the company.
Make a note in the personal card of the expert, make a note-the calculation on form T-61 where you enter the amount of cash that put him over the execution of labour function.
In the labor book of the employee enter the serial number of the record, the date of termination. The information about the job provide a link to the article 71 of the Labour Code of the Russian Federation, in the grounds – the date and number of order of dismissal. Sign the account signature of the person responsible for recording, maintaining, and storing work-books, company seal. Familiarize yourself with the employee record. He needs to put his signature.
According to article 70 of the labour code if the employment of an employee the employer has the right to set probationary period. This item is included in the employment contract specifying term test. During this period, the system checks the professional suitability of hired employee, and other qualities needed to work in the enterprise. In accordance with article 71 of the labour code during a test term the employer has the right to terminate the employment contract on its own initiative.
- the act of violation (if the dismissal occurs after trial period at the initiative of the employer)
- — a written document issued punishment.
If you are planning to fire an employee, they do not last the probationary period, then it must be done before it ends. If you did not make the dismissal procedure and the employee started to work after the end of the test term. to fire it you can only on General grounds stipulated by the Labour code of the Russian Federation.
To fire has not passed the probationary period, make a written notification three days before the planned dismissal. Submit the notice to the employee against receipt. After the specified period you have the right to terminate the employment contract, stating the reason "failed probation".
The employee is also entitled to resign during the probationary term. if he found a more suitable job or position to which he settled, he did not like, but to prevent it you shall three days before the dismissal.
You are not entitled to probationary employees, accepted the position on a competitive basis, to pregnant women and women with children up to six years. As well as minors, young professionals, directed to you after graduation from accredited institutions, professionals elected positions, transferred and temporary employees.
If you are a dismissed employee during the probationary term or after dny day of the test, then you can terminate the employment contract on the initiative of the employee or on his own initiative. If you terminate the contract on its own initiative, must have good reason for termination of the employment relationship and to meet a number of requirements stipulated by law.
The labor code provides that after the end of the test term the employer has the right to dismiss responsible persons for the distrust of teachers for the rude attitude towards children, the rest of the staff for a number of violations. In this case, you are required to draw up an act of violations, to issue a written penalty, to submit all the documents against receipt the employee only after to terminate the employment contract.