Labor law probation dismissal. Can an application be withdrawn?

When an offended employee, dismissed during a probationary period, goes to court, the employer has to prove that he did everything right, and the employee did not cope with official duties. About how a manager can avoid violations and protect himself from litigation "About business." our expert Elena Polzunova, the leading legal adviser of the EUS BEL company, told.

Many employers do not meet probationary requirements. As well as not all employees know their rights during this period. To protect yourself from conflicts with employees and not bring the matter to lawsuits, it is enough to follow simple rules and comply with the law.

Leading Legal Counsel of EUS BEL

Clearly state the conditions for passing the probationary period

It is advisable to prepare the general test procedure and the obligations of the parties with the help of a lawyer and include them in the rules of internal work schedule. Specific test conditions are prescribed in the employment contract.

It is possible to issue a local regulatory act that would describe the procedure for passing the probationary period - this is a regulatory legal act, which is limited to one or more organizations. The main thing is to remember that the document does not contradict the requirements of the Labor Code.

A good option is to draw up an individual work plan for the employee for this period and record its results (planned and actual). This plan must fully match the job description, and your new employee must be familiarized with it against signature.

It is impossible to establish a probationary period only in the order for employment.

Otherwise, the employee is considered hired without a test (part 3 of article 19, part 4 of article 28 of the Labor Code) and it is impossible to dismiss him for poor performance (paragraph 7 of Resolution No. 4 “On the practice of considering labor disputes related to contractual form of employment).

The new employee must familiarize himself with the following documents against signature:

• Employment contract with a term preliminary test
• The order for employment in accordance with Art. 18 TC
• Local regulations that relate to its activities
• Internal labor regulations
• Job description

If some of these documents are missing in the company, then a lawyer and personnel department staff can develop them. It is necessary to take seriously the development of these documents, comply with the requirements established by law, otherwise they may be invalidated.

All documents have the force of evidence only if the employee under the signature is familiar with his duties, standards, internal labor regulations.

Remember that not everyone can be hired with a trial period.

The following are protected from probation by the Labor Code:

• Workers under 18
• Young workers (employees) who have received vocational education
• Young professionals who have received secondary specialized, higher or postgraduate education
• Disabled
• Temporary and seasonal workers

It also cannot be included in labor contract a probationary period for employees who are transferred to work in another locality or to another employer, or when hiring on a competitive basis, based on the results of elections.

Control the terms of labor testing of employees

The conclusion of an employment contract with a probationary period is allowed regardless of the term of the contract itself (Article 17 of the Labor Code). This can be either an employment contract concluded for an indefinite period or a fixed-term employment contract, incl. Contract.

You can include a probationary period both in the employment contract concluded at the place of the main job, and in the one that is concluded part-time. But you cannot include a condition on a preliminary test in a part-time employment contract in the same organization with the same labor function - there is no need for additional testing of such skills.

The minimum period of labor probation is not limited by law and can even be one day. But you cannot “look closely” at the employee for more than 3 months.

The test cannot be established if the term of the employment contract is very short - up to 2 months, and in some cases - 4. In this situation, the employee is considered temporary.

If an employee has worked at least one day beyond the established period, then it will be illegal to dismiss him as having not passed the probationary period.

Do not include periods of sick leave in the probationary period

The period of being on sick leave during the test period is not counted. Therefore, if an employee falls ill during the probationary period, its end is postponed by the number of days of illness.

And do not forget about other periods when the employee was absent from work - they must also be taken into account.

Do not extend the probationary period

3 months is the maximum trial period. No reasons (did not have time to learn properly professional quality employee, etc.) cannot be grounds for extending the originally established probationary period. Even the consent of the employee does not make such an extension lawful.

It is also impossible to extend the probationary period if, for example, the employee was hired to one position, and during the probationary period he was transferred to another.

In this case, the probation period ends from the moment of transfer to another position.

It is important to remember: the probationary period is set only once at the conclusion of the employment contract.

Do not enter information about the preliminary test in the work book - only about hiring

In the work book, only an entry is made about the conclusion of an employment contract. But in the order for employment it is indicated that the employee was accepted with the condition of a preliminary test.

Recording in work book on employment with a test must be made by law within 5 days.

The condition of the probationary period refers to additional ones - the employment contract is legally valid even without it.

Properly draw up paperwork upon dismissal

Practice knows many cases when the court justifiably took the side of the employee. In order for the court to take your side, you must draw up all documents in accordance with the requirements of the law:

1. When dismissing an employee, be sure to document your decision.

2. At least 3 days before the end of the trial period, notify the employee in writing about the dismissal.

3. In the notice, please state the reasons for the decision.

4. The reason should not be “failed to pass the test” without decoding and references to supporting documents - this can lead to a lawsuit.

5. Specify only specific reasons for dismissal.

Reasons for dismissal may include:

• Complaints from clients and colleagues about the work of an employee in writing
• Memos from the immediate supervisor that the employee is not coping with the tasks
• Acts stating that an employee does not comply with production standards or does not fit into time standards, etc.

6. Serve the notice in the presence of witnesses who must sign the act.

7. Draw up an act of refusal if the employee refuses to sign the notice of dismissal.

8. If the employee after the expiration of the warning period (regardless of who the initiative comes from) continues to work, then the warning becomes invalid. In this case, to terminate the contract with him during the preliminary test, you must submit a new warning.

Choose the right reason for dismissal

An employee on probation can also be fired under other articles of the Labor Code - not only under Art. 29 TC:

• For violations labor discipline, for example, systematic being late for work (paragraph 4 of article 42 of the Labor Code)
• For appearing at work in good condition alcohol intoxication(Clause 4, Article 42 of the Labor Code)

All grounds for dismissal are clearly spelled out in the Labor Code. It is impossible to dismiss on other grounds (for example, the quarrelsomeness of a person in a team, an absurd character).

Do not forget that the employee is required by law

The probationary period itself, although called preliminary, the legal status of the employee during this period does not differ from legal status his colleagues.

The employee has the right during the probationary period:

• Get paid in deadlines
• Receive bonuses and other rewards (as well as disciplinary action)
• Resign on the last day of the probationary period without warning under Art. 29 TC
• Terminate the employment contract on any day of the test, warning about it 3 days in advance
• Do not explain the reasons for your dismissal
• Resign under Art. 40 TK (according to own will), if he is not satisfied with the mode of work, salary, or there are other circumstances
• Appeal against the employer's decision

It is impossible to reduce the salary of an employee for the period of the probationary period or establish special conditions for remuneration.

And if the employee still goes to court, then all those documents that were drawn up when hiring and during the probationary period will come in handy. When considering the circumstances of the case, the court pays attention to whether the procedure for evaluating the results of the test on the part of the employer was followed correctly.

If it is found out that the employee was dismissed in violation of the requirements of the current legislation, the employee, in accordance with Art. 243 of the Labor Code will be reinstated at work, and the employer will pay for the forced absenteeism (Article 244 of the Labor Code).

Article 244 of the Labor Code of the Republic of Belarus

In cases of the reinstatement of an employee in his previous job, as well as a change in the wording of the reason for dismissal, which prevented the employee from entering the new job, he is paid average earnings during the forced walk.

At illegal transfer, relocation, change in essential working conditions, suspension from work, the employee is paid, by decision of the body that considered the labor dispute, the average earnings for the time of forced absenteeism or the difference in earnings for the time of performing lower-paid work.

The employer may make the payments provided for in this article in the absence of a decision of the labor dispute resolution body.

The employee also has the right to demand compensation for non-pecuniary damage, and the employer imposes on executive guilty of wrongful dismissal, the duty to pay damages.

It is said that an employee can terminate an employment contract with an employer during a probationary period on his own initiative. He can do this if, during the test, he understands that this work does not suit him for a number of reasons.

In order to quit of his own free will during the test period, the employee must notify his boss 3 days before the expected date, and only after that write a letter of resignation.
The presence of a probationary period and its duration must be specified in the employment contract. If such is not concluded until the employee has passed the test, then a supplementary agreement, which will subsequently be attached to the employment contract.
A probationary period is assigned to an employee only with his consent. Therefore, if there are no conditions for a probationary period in the employment contract or an additional agreement is not signed, the employee is considered to be hired without a probationary period.
The maximum duration of the test period is 3 months. If the applicant applies for the position of the head or his deputy, as well as for the position of the chief accountant or his deputy, then the maximum test period is increased by up to six months.
The period is reduced to two weeks if a fixed-term employment contract is concluded with the applicant for a period of two months to six months. If the term of the employment contract is less than 2 months, then the employer does not have the right to appoint a probationary period.
The employer does not have the right to extend the period for checking an employee beyond the value specified in the Labor Code of the Russian Federation. But he has the right to deduct from it those days when the tested employee was on sick leave or was actually absent from the workplace for good reasons.
Thus, the probationary period can be delayed for several months.

Dismissal during probation

Dismissal during the probationary period is possible if the employee warns his employer within 3 days.
The employer, in turn, must make a full settlement with the employee and give him his work book in his hands. Also the employer must not interfere with the dismissal of his own free will.
The employee must be paid:

• wages;
• compensation for unused vacation;
• severance pay. This is not provided for by the Labor Code of the Russian Federation, but may be provided for by an internal local act or a collective agreement.

The employer must do this no later than the date of dismissal. As seen, dismissal during a trial period of one's own free will is executed in the same way as without it.
The employee does not have to notify the employer of the reasons for his dismissal. A simple written notice is sufficient. However, there are some peculiarities here:

• mandatory processing. In a normal situation, it is equal to two weeks. In case of dismissal of one's own free will during the test, this period is reduced to 3 days;
• if during the test a financially responsible person decides to quit, then he needs to transfer the case to his successor.

Such a right is contrary to the norms of the Labor Code, and therefore must be enshrined in a local act. However, the Labor Code of the Russian Federation states that if a materially responsible person does not hand over the property entrusted to him, then he will bear personal financial responsibility for it.
It is not only about private commercial companies. On state and municipal enterprises probation periods are also set. The procedure for dismissal at will during the inspection is the same for both public and private enterprises.

Now many employers are willing to hire employees only on a probationary basis. Thus, they plan to protect themselves from unscrupulous employees. True, many people mistakenly believe that it is much easier to carry out a dismissal during a trial period: for this, it is enough just to write an order and show the person to the door.

How to write a test condition?

We would like to note that the condition for setting a deadline for a “strength check” may not apply to all employees. This clause can be included in the contract only if the parties agree to it. That is, the employer must talk about this with the applicant in advance, and not after signing the employment contract. However, many managers simply offer the applicant to familiarize themselves and put their autograph in a pre-prepared standard form of an employment contract with already specified conditions. Thus, the test condition becomes mandatory for the applicant. This means that dismissal during the probationary period is quite possible. In such case, you have the right not to agree to such terms.

Some restrictions

Labor legislation establishes that a certain list of persons cannot be subjected to a test when hiring:

• Pregnant women and women who have a child under 15 years of age.
• Citizens who were chosen by competition.
• Persons under the age of 18.
• Applicants who have completed primary, secondary, or tertiary professional education and get a job for the first time in their specialty within a year from the moment of graduation.
• Citizens elected to a paid elective office.
• Employees who were invited as a transfer from another employer.
• Applicants who conclude an employment contract for up to 2 months.

Remember, even if, for example, a pregnant woman or a seasonal worker consents to the establishment of a test, then such a clause will not have legal significance, and it will be impossible to dismiss as a probationary period that has not passed. And if, nevertheless, the boss decides to say goodbye to you on this basis, then this will be a violation of labor laws. The court will certainly reinstate such an employee.

Registration of an employee

If a person is hired with a test, he must write a statement where he indicates that he agrees with the establishment of a probationary period. If nothing is said about this in the employment contract, then such a condition cannot be indicated “backdating”. The criterion for passing the test may be the result of a particular work or, for example, the quality of the performance of job duties. The result of this entire procedure should be an order to accept a person for work with a probationary period. If the employee was actually admitted to work, then a clause on checking for compliance with the position can be included in the employment contract only if the parties agreed on this before the start of the work. Only if all these stages are executed correctly, in the future it will be possible to make dismissal during the probationary period.

Terms of verification

Except for some exceptions, the trial period cannot exceed 3 months. For the positions of heads of enterprises, their deputies, heads of branches and representative offices, persons can be hired with a probationary period of 6 months. But if labor contract is for a period of 2 to 6 months, then it is possible to check a person for professional suitability only for 2 weeks.

Subject Responsibilities

This employee should have the same rights and obligations as other employees. He should not be infringed on any powers. The peculiarity of this status is only that it is possible to make a dismissal on a trial period, and even then under certain circumstances.

There can be no reduction in wages compared to other employees, unreasonable deprivation of bonuses and other payments that are provided for by the collective agreement, there can be no provision for paying wages. In addition, the period during which the employee was on probation should be included in the total length of service. If during this period the subordinate falls ill, then he, like the rest of the employees of the company, is entitled to sick leave payments. The same requirement applies to overtime, holidays and public holidays. They must be paid according to the law. You can not involve employees in the performance of their functional duties outside of their working hours. And if there is such a need, then this can be done only with their consent (an exception may be the elimination of the causes of disasters, floods or other natural Disasters etc.) and for payment.

Test result

After the deadline for checking for compliance with the position, there can be two scenarios for the development of events: either the employee successfully passed it, or did not stand it. If the authorities decide to leave the employee, then no additional registrations will be required. If a person does not fit, but he continues to work after the end of the term, then the dismissal of the person who has not passed the probationary period will be impossible.

By law, if a person has not met the expectations of the employer, the latter must, three days before the end of the probationary period, notify the employee in writing that he will be fired. Very often, errors due to incorrect calculation of deadlines lead to litigation.

Be very careful about the start and end dates of the probationary period, as well as the prepositions that you use. For example, if you specify that the probation period is set from February 15 to May 15, you will not be able to carry out a dismissal during the probationary period on April 15. But if the deadline is set from February 15 to May 15, then the last day of the probationary period will be May 15, and it is allowed to dismiss an employee on that day.

Extension of the term

It should be noted that if during this period the employee is absent from work (illness, study leave, leave without pay, etc.), the probationary period must be extended. That is, only the period when the employee actually performed his duties is included in this period of time. Usually, employers do not favor employees who "jump" from sick leave to sick leave or go on study leave for a long time. In this case, employers try to carry out the dismissal very quickly during the probationary period. To avoid this, the employee, at least during this period, needs to leave work less and perform his duties well and within the agreed time frame.

Dismissal procedure

The manager has the authority to dismiss the employee on probation at any time. But often employers abuse this opportunity. Organizations have been known to recruit workers, set a three-month deadline for testing their professional suitability, pay a small salary, and then, at the end of the probationary period, they were fired, allegedly due to inadequacy of the position. However, the desire of the boss to say goodbye to his subordinates is not enough, he must provide supporting documents that the employee did not cope with the work assigned to him or performed it poorly. These papers can be:

Contract termination notice

Dismissal of an employee during a probationary period cannot be carried out without explanation. In such a notice, it is necessary to indicate the grounds that led to the conclusion that the employee did not pass the test. If there really are reasons for this, then the employer is obliged to inform the subordinate about this three days in advance. If the employee does not want to sign the notice, it is necessary to draw up an act to this effect.

Dismissal on one's own initiative

The employee also has the opportunity to terminate the employment contract during the trial period. Therefore, a subordinate can initiate dismissal during a probationary period. Working off for him in this case will not be two weeks, but only three days. At the same time, the employer cannot prevent the dismissal of the employee and is obliged to pay him all the money earned in a timely manner. The requirement to stay at work for 2 weeks instead of 3 days is against the law. It can be appealed, for example, to the labor inspectorate.

If you are hired only with the condition of establishing a test, then ask for a clear explanation of your terms of reference, it is desirable that you be provided with a comprehensive job description. If objective difficulties arise in the process of work or your workplace poorly organized, write to the name of the employer office notes You can also enlist the support of witnesses.

describe you as good worker who copes with his duties, there may be no reprimands, comments or bonuses. An additional advantage may be information about awards, diplomas from a previous place of work.

If the employer decides to carry out the dismissal during the probationary period, then it can be challenged in court. If you have evidence that you did an excellent job, and the boss dismissed you completely without reason, then the court will reinstate you in your previous position. In addition, if you are fired while on study leave or sick leave, this will be a violation of labor laws.

At the same time, if you have come to the conclusion that this job is not suitable for you, write a letter of resignation. The trial period provides for a reduced period of working out - 3 days.

Note to the employer

There are not so few cases when workers were reinstated by the court. Therefore, before pointing an employee on a trial period to the door, it is necessary to carry out such an algorithm of actions.

1. Notice of dismissal is sent three days before the proposed dismissal. This document states the reason for the decision. These can be: poor-quality work performed, systematic failure to fulfill one's duties, inability to meet deadlines for completing assigned tasks, etc. Please note that if a subordinate refused to sign the notification, an act of refusal must be drawn up. Otherwise, without such a document, the employee may well be reinstated, and the employer will be forced to pay forced absenteeism and compensation for non-pecuniary damage.
2. Another reason when dismissal is possible is one's own desire. The probationary period implies that it is enough for the employee to work only three days, and not 14, as provided for everyone else.
3. A notice of dismissal must be issued. It indicates the reasons for terminating the employment contract, it is also important to refer to the clauses of the contract or job description that were violated by the subordinate. The employee must familiarize himself with the order against signature.
4. On the day of dismissal in full a settlement is made with the employee (including paid unused vacation, sick leave, etc.).
5. On the last day of work, the employee is issued a work book with a record of dismissal. For its receipt, the employee also puts a signature.

conclusions

We found out that quite a lot of nuances are contained in such a procedure as a trial period. Dismissal of one's own free will or at the initiative of the employer during the trial period is possible, but the requirements of the law must be strictly observed. Ignoring the deadlines, the absence of a reason for terminating the employment contract may serve as a basis for reinstating an employee in his position. And with such a development of events, the enterprise will have to pay him wages from the day of dismissal until the court decision is made, hire him again and pay a certain amount of material compensation. That is why it is so important to adhere to all requirements of the law.

Establishing a probationary period for an employee when hiring is not a mandatory procedure. According to Article 70 of the Labor Code, such conditions may be provided for in an employment contract, but the state does not require this. As numerous surveys show, in most cases, employers still prefer to accept newcomers only after trial period to ascertain their competence, ability to conduct business, usefulness to the company. But can an employer fire you on probation? More on this in today's article.

It is believed that such a period can be useful for the workers themselves. Per a short time they will be able to make the final decision: do they want to stay in this place, or does it not suit them. When last man has the right to notify the employer about this and leave the place without waiting for the expiration of the period. The employer can also agree to terminate the relationship with the employee before the probationary period comes to an end. But if the employee himself is not satisfied with this, he will have the right to ask the judicial authorities to intercede for him.

If the employer does not have a strong evidence base, as well as if there are errors in the execution of documents, the court may decide to return the employee to his position or recover funds from the employer for the forced downtime of the dismissed person and moral damage caused to him.

How long can a trial period last?

The trial period can last a maximum of six months. However, such a period, according to the Labor Code, is set only for applicants for senior positions.

Test periods:

• up to two weeks if we are talking on the conclusion of an agreement according to which the employee will perform his duties for no more than 6 months;
• up to three months, if we are talking about a standard employment contract;
• up to 6 months, when a person applies for a position of head, chief accountant or deputy head.

The inspection period can be extended only if the employee took time off or was on sick leave. At the same time, the Law provides the circle of persons who are not entitled to probation. It:

• women on different terms pregnancy;
• underage;
• young professionals getting a job for the first time after graduation;
• employees who have taken a position by competition;
• employees with whom a contract is concluded for a period not exceeding two months;
• employees who have been transferred from one position to another within the same company or from one employer to another as agreed.

This list is not complete and may be supplemented by regional laws.

If there is a dismissal during the probationary period, the employer must report this 3 days before the break labor relations. Exactly the same requirements for an employee who decides to quit on his own initiative: he will have to work for another three days.

What can be the reason for dismissal?

To dismiss an employee on probation, the employer must have good reasons. Of course, he can do this on the basis of his own preferences, without relying on the requirements of the law, but in this case he runs a great risk of losing in court if he is already former employee wants to take legal action.

Reasons for leaving:

• the employee does not cope with his duties;
• walks often;
• does not comply with safety regulations;
• does not comply with the rules of labor discipline;
• behaves unprofessionally or his behavior discredits the company.

In principle, there can be many more reasons. It is important for the employer to have evidence of the validity of such a decision. The evidence base can be signed by the employee job descriptions, safety regulations, company charter, completed work reports, absenteeism reports, complaints from customers or other employees.

No special justification is required for a retiring employee. If he wanted to quit, this is his right, which he can use at any time, even during the trial period.

To fire an employee, the employer must follow certain rules. The main thing is to collect documents that confirm the validity of the decision to dismiss, the incompetence of the employee. After that, the employer is obliged to send a notice to the employee, in which it is necessary to indicate the exact reasons for the dismissal, and then issue a corresponding decree. A note on the delivery of the notice and on the preparation of the order must be entered in the register of orders, the employee must put his signature in the journal, confirming that he is familiar with the texts of the documents.

Within ten days it is necessary to pay all the funds due to the employee. It's not only wage, but also compensation if a person has worked for more than 15 days, for the time vacation, which the dismissed person did not use, sick leave payments if the employee took time off due to ill health. Compensation is calculated taking into account the time that the employee spent at work, his total seniority. The enterprise keeps a photocopy of the work book of the dismissed person in its archive, while the employee receives the book after making notes on the reason for the dismissal and the seal of the enterprise. The work book must be handed over only. If the person did not pick it up, they can send a notification by mail that they need to come and pick up their document. Send the booklet by mail or courier delivery it is forbidden.

After the entire procedure, a note of dismissal must also be affixed to the employee's personal file.

If any of these points were not executed correctly or were not completed at all, the employee will have a better chance of proving the illegality of the dismissal in court.

What is useful to know

There are a number of features of dismissal on probation that are useful for both employers and those who are hired to know:

• A two-week working period in this case is not provided. Only a three-day period is required for the completion of all employment relationships.
• You can not fire a person when he is on sick leave.
• Upon dismissal of employees who receive at the disposal of the material base or important documents, the employer has the right to establish a procedure for receiving and transferring cases that does not contradict the Labor Code.
• All provisions of the Labor Code governing dismissal during a probationary period are equally valid for public institutions both businesses and private individuals.

In the Russian judicial practice there are many cases when employees wrote complaints about their employers, who, in their opinion, fired them for no particular reason, at their own request. And the court often satisfies such claims. In some cases, he requires the employer to pay compensation to the person, in others - to reinstate the employee in his position.

A dismissed employee can fight for his rights quite successfully in all those cases when the employer did not pay him the due funds after the probationary period, dismissed him without serious grounds, did not familiarize him with his job responsibilities or did not warn him of dismissal three days before the order was issued.

Today, labor relations between an employee and an employer are regulated special laws, regulations.

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They always provide for the possibility of terminating the contract unilaterally by the employee himself under certain conditions. It is also possible during the probationary period.

Legal basis

Every day, more and more often, various employers become the initiators of the conclusion of employment contracts, on the basis of which the employee is obliged to undergo a probationary period.

Only after that a standard contract is concluded, providing for long-term work at the enterprise.

The main reason why many employers insist on a probationary period is the ability to quickly and painlessly fire an employee.

Also, the contract of the type in question is beneficial to the employee himself. Since it allows you to terminate the contract as soon as possible.

At the same time, it will not be necessary to work for as many as 14 days - as when concluding a standard contract.

But the employee himself and his employer must remember that there are categories of persons who cannot be hired on the basis of an agreement of the type in question:

• minors;
• employed in elective office;
• if the duration of the employment contract is less than 2 months;
• if the employee has been transferred;
• pregnant women;
• mothers with a child under the age of 1.5 years.

When terminating an employment contract, both the employee and his employer must be guided by the Labor Code Russian Federation.

You should also pay attention to the Federal Law of June 30, 2006 - this document covers in detail the procedure for terminating an agreement of the type in question.

If, after the end of the designated probationary period, the employee continues to work, then the employment contract is considered automatically extended, and dismissal can only be carried out on a general basis.

In this case, it will be necessary to be guided by the Labor Code of the Russian Federation.

The reasons

If an employee undergoing a probationary period decides to quit, then there can be any reason for this. Moreover, it is not even required to indicate it in the letter of resignation, it will be enough just to write “of your own free will”.

At the same time, you can terminate the employment contract during the probationary period at any convenient time.

At the same time, the employer can also fire their employee. But at the same time, he must have sufficiently serious reasons for this.

Otherwise, such a decision may be challenged in court and a rather serious fine will have to be paid.

Grounds for dismissal during a probationary period may include:

• absenteeism;
• unprofessional behavior;
• non-observance of labor discipline.

In this case, it is necessary to have documentary evidence of the points indicated above. The same is true for non-probationary periods. The employer is obliged to prove the incompetence of his employee and the inadequacy of the position held.

Voluntary resignation letter on probationary period

An application for dismissal during the probationary period is submitted to the personnel department or to the immediate supervisor.

At the same time, it is important to remember that there is no single format for a document of the type in question. It is important to know about the need to follow some filling rules.

The application may be:

• written by hand or printed on a printer;
• sent in electronic format, while being supplied with an electronic signature - this moment is indicated in federal law from 06.04.11

It is allowed to send a document of the type in question by telegram. But at the same time, the signature must be necessarily certified by a notary. Otherwise, the document will not be considered valid.

The heading of the document in question should include the following:

• full name of the organization - the form of ownership is indicated;
• surname, name and patronymic of the head - in the dative case;
• surname, name and patronymic of the applicant.

When writing the details of the applicant, it is advisable not to put the preposition "from". But if he is still present, this will not be considered a mistake.

After the header, write the word "statement", while the dot at the end is not put. The body of the document itself must contain a request for removal from office.

The employee does not need to indicate the reason for his dismissal, it is enough to indicate the wording “of his own free will” - while indicating the date of his last working day. At the bottom of the document, it is mandatory to put down the date, as well as a signature.

It is only necessary to remember that the last day of work at the enterprise cannot be a day off or a holiday. Because it is against the current law.

It is best to draw up a statement of the type in question in two copies at once. The first is rented to the personnel department, and the second employee should be left to yourself.

At the same time, both must have a signature with a full transcript, as well as the date of acceptance into the personnel department - sighting. This is required in case of simplification of the resolution of any disputes between the employee and his employer.

Order

To quit of your own free will, you just need to write an application in the established format. No other action is required from the employee.

It is only important to follow the rules for filling out the application itself, otherwise the dismissal process may be somewhat delayed - the personnel department will require you to issue an application again.

The reason is not required to be indicated - but only not in the case when dismissal is carried out without working off. In such a situation, the reason must be displayed in the application without fail.

When the application is accepted, the personnel department draws up a special order for dismissal. In this case, a special form is usually used.

Its format was approved by a resolution of the State Statistics Committee of 01/05/04. In the order itself, it is necessary to refer to the Labor Code of the Russian Federation - it is she who regulates the procedure for dismissal during a probationary period.

Also, in a special order, detailed details of the application of the employee himself are mandatory. When the order is ready, the employee needs to be familiarized with it - under his own signature.

If for some reason this cannot be done, then the employee of the personnel department will make an appropriate inscription on the order itself.

On the basis, the employee must notify his employer of dismissal two weeks in advance - in advance.

But if necessary, an employee can quit without working off - by prior arrangement. This moment must be specified in the concluded employment contract.

Do you need to work

The Labor Code of the Russian Federation indicates the right of an employee to terminate a previously concluded contract. But at the same time, it is very important to notify your employer accordingly - 14 days before the date of the planned dismissal.

The only exceptions are cases that are necessarily indicated in the Labor Code of the Russian Federation and Federal legislation.

Just such an exceptional case is considered in Article No. 71 of the Labor Code of the Russian Federation. This article indicates the period during which an officially employed employee is obliged to warn his employer about the upcoming dismissal.

This rule states that the employee has the right to terminate the contract on his own initiative. But at the same time, it is mandatory to notify your employer in writing in advance, 3 days in advance.

On the basis of part 1 of article No. 71 of the Labor Code of the Russian Federation, if the employee decides to terminate the employment contract with his employer, then exactly after 3 days the latter is obliged to form a special order and issue the employee his work book with the corresponding entry.

In this case, it is necessary to be guided by the Labor Code of the Russian Federation. Also, the final calculation must be carried out without fail.

Available important point relating to the three-day period of work. The employee is obliged to notify his employer of the upcoming dismissal so that he is aware and prepares various Required documents in advance.

But at the same time, the law does not require the employee to work for the entire three-day period.

That is why, during the time after filing the application, the employee can:

• to be sick;
• be on vacation;
• be absent from work for other legal reasons.

In all the cases indicated above, the course of the three-day period is by no means suspended. This moment is indicated directly in labor code Russian Federation.

Can an application be withdrawn?

If for some reason an employee changes his mind about leaving, he has the right to withdraw his already completed application at any convenient time - up to last day work inclusive.

At the same time, the employer does not have the right to refuse him without serious reasons. In fact, there is only one - another employee has already been invited in writing to replace the one who is leaving. Example: a new employee is invited to take the place of the previous one in the order of transfer.

The situation is similar if the employee has written an application and is on vacation. In this case, the last day of revocation of the document is the end date of the vacation.

The format of the document, which is a withdrawal of the application, is also not approved. It must be done in writing.