Dismissal on probation for economic reasons. Who cannot be tested

Establishing a probationary period when concluding an employment agreement is not mandatory, but employers often resort to a similar method of testing new employees. This is done in order to facilitate the dismissal of unsuitable personnel. However, before dismissing an employee for probationary period, it is necessary to carefully consider what grounds will form the basis of the order to terminate the employment agreement.

The condition of the test, which is established when hiring, also plays the role of one of the ways to protect the interests of the employee himself. If the situation in the new place for some reason does not suit the hired employee, he will not have to work for two weeks due to dismissal due to own will. Thus, the establishment of a condition for passing a probationary period also protects the rights of an accepted employee.

Test period

In accordance with Article 70 of the Labor Code of the Russian Federation, the deadline for establishing a test is limited to three months in normal cases, and six in the case of hiring employees for the positions of managers, relevant deputies and chief accountants. The maximum probationary period is reduced to two weeks if labor contract is concluded for a short period of 2 to 6 months. The specified terms cannot be changed upwards by agreement of the parties, with the exception of cases provided for by federal law.

For example, according to paragraph 1 of Art. 27 FZ dated July 27, 2004 No. 79? FZ “On public service Russian Federation", when taken on public service a probationary period of 3 months to 1 year may be established.

It must also be remembered that the trial period does not include days of actual absence from work for good reasons (sick leave, vacation, etc.).

How to get fired on probation

Both the employer and the employee can act as the initiator of the termination of the work contract during the probationary period. However, Article 71 of the Labor Code of the Russian Federation provides that there is an obligation for an employee to work for three days after submitting an application. This rule greatly simplifies the life of an employee who needs to terminate an employment relationship in a short time, for example, if a more favorable job offer has been received.

The employer, before dismissing an unsuitable employee during the probationary period, is obliged to warn about decision in the manner prescribed by law. That is, no later than three days before the actual termination of the employment relationship, the employee must be informed about the date and reasons for termination of the employment agreement. If the person was not informed of such a decision, and after the end of the specified in the agreement trial period, continues to perform his functional responsibilities, it is considered that the employee has successfully passed all the conditions of the test and his subsequent dismissal is possible only in a general manner.

In all cases, before making a decision and dismissing an unsuitable employee at the end of the probationary period, one should carefully approach the execution of related documents, since these actions can be challenged in court.

Prohibition of preliminary testing

As a rule, the goal of an employer who makes such a condition in an agreement is the quick and painless dismissal of incompetent employees. However, when deciding whether it is possible to dismiss an employee during a probationary period, employers often forget that there is a list of persons who, in accordance with Art. 70 of the Labor Code of the Russian Federation does not initially establish a probationary period. In connection with this prohibition, such employees can only be dismissed in accordance with the general procedure, on the grounds provided for in the thirteenth chapter of the Labor Code of the Russian Federation.

selected by competition)
pregnant women and those with children under the age of 1.5 years, women)
persons under the age of eighteen)
young professionals (within one year from the date of graduation from a state educational institution))
elected to office)
invited in translation order)
concluded an employment contract, lasting up to 2 months.

Federal laws and the collective agreement may also provide for other categories of citizens who, when hiring, cannot include such a condition in the labor agreement.

The correct algorithm for issuing supporting documents

An employee who was fired during a probationary period due to an unsatisfactory result has the right to appeal against such actions of the employer in court. Since by default the court always takes the side of the dismissed employee, the employer needs to have strong evidence of his innocence. The key to a successful trial is properly executed documents confirming that the employee failed the test. It is recommended that the Human Resources department perform the following steps in order to prepare the appropriate evidence of correctness.

In any case, employee errors must be recorded and documented in writing: the following can serve as confirmation:

Reporting)
Memos from the immediate supervisor on violation by the employee of the job description or employment contract)
disciplinary orders)
Written comments
Acts on poor performance of work.

It is advisable to acquaint the employee with such documents against signature, and after each “miss” require an explanatory note.

In the case when the above documents are not available, and all instructions were given to the employee orally, it is necessary to create a special commission at the enterprise to determine the results of passing the test and recommend how the employee can be dismissed on probation without violating the law. The corresponding decision must be formalized in the protocol.

Dismissal Notice

If, nevertheless, a final decision is made that the employee is not suitable for the duties of the vacant position, he must be warned about the upcoming dismissal. The notice period cannot be less than three days before the day of dismissal and the end of the probationary period (part 1 of article 71 of the Labor Code of the Russian Federation). Thus, the question that often arises as to whether it is possible to dismiss before the end of the probationary period has an unambiguously positive answer.

On the notification, the employee must put his signature on familiarization and the corresponding date of delivery of the copy.

In case of violation of the three-day period and the end of the trial period, failure to pass the test will not be the basis for terminating the employment agreement. An employee, in this case, can be fired only on general grounds.

Dismissal during a probationary period can be carried out at the initiative of both the employee and the employer. However, despite the short period of work, the procedure for dismissing an employee during a probationary period must also be observed.

Can I get fired during my probationary period?

Often, in the terms of the contract, when hiring a new employee, a period is prescribed during which his professional quality. This period of time helps the parties to understand the expediency of further relationships. The probationary period can be set with different duration, depending on the position held.

There is no probationary period for:

pregnant women;
women raising children under 1.5 years old;
persons under the age of 18;
alumni educational institutions.

NOTE! The employer has the right not to require confirmation of the status of the above persons. Therefore, documents confirming such a situation must be presented by the employees themselves.

The probationary period is set only when a new person is hired. If there is a need to transfer an already working employee to another position, a probationary period is not provided.

The duration of the probationary period and other conditions should be prescribed in the employment contract, and also reflected in the order when hiring. Further change of these conditions is allowed only by agreement of the parties.

For most employees, the duration of the probationary period is 3 months; at its discretion, the employer may limit itself to a shorter period. For applicants for leadership positions, including for chief accountants, the trial period can be extended up to 6 months. If the contract is concluded for a period of 2 to 6 months, the trial period lasts up to 2 weeks.

The reasons for dismissal during the trial period may be the same as the termination of the contract in other situations. At the same time, in case of unsatisfactory results of the work of the hired employee, the employer has the right not to pay the severance pay.

For more information on how to make the final settlement upon dismissal, see the material "Calculation of compensation for unused vacation under the Labor Code of the Russian Federation" .

Article of the Labor Code on dismissal during the trial period at the initiative of the employee without working off - how is the application written?

An employee who is dismissed during a probationary period may do so at his own request. There should not be any difficulties with how to quit on probation. But for this, it is necessary to notify the management of the organization in writing 3 days before the expected moment of termination of the employment contract. If both parties agree to terminate the employment relationship earlier, then working off, including a 3-day one, is optional (Article 78 of the Labor Code of the Russian Federation).

The application in this case is written in free form indicating the reasons for dismissal. For example: " I ask you to dismiss me of your own free will before the expiration of the probationary period due to the fact that I am not tired of the working conditions in my position.

However, it should be remembered that if the period of the appointed trial period has expired, and the management does not express a desire to terminate the contract, the employee automatically continues to perform his duties on a general basis. No additional documents are required. However, if the employee wishes to quit on their own initiative after the end of the probationary period, it will be necessary to notify the employer at least 2 weeks in advance.

In some cases, when hiring, the possibility of passing a probationary period is not stipulated. In such cases, it is also necessary to work out within a 2-week period.

Settlement with an employee upon dismissal during a probationary period can only be made in the usual manner (salary, compensation for periods of unused vacation). But additional payments, for example, severance pay, can be counted upon dismissal of one's own free will only if this condition is spelled out in local regulations.

Other information about the features of calculating severance pay can be found in the material “Is severance pay subject to insurance premiums?” .

How to dismiss an employee on a trial period and after it at the initiative of the employer?

Hiring an employee with a mandatory probationary period is accompanied not only by a record of this condition in the employment contract. It is necessary to make a list of requirements and tasks, the fulfillment of which is mandatory for further enrollment in the state. Successful completion The probationary period includes, among other things, the solution of all tasks assigned to the employee.

If an agreement was initially concluded with the employee that does not stipulate the existence of a probationary period, or if there is no separate written agreement on this condition, termination of the agreement as dismissal during the probationary period can be easily challenged.

The dismissal of an employee during a probationary period, committed at the initiative of the employer, must be accompanied by a warning of the employee himself about the upcoming fact 3 days in advance (Article 71 of the Labor Code of the Russian Federation). To do this, the employee is given a written notice containing the reasons for dismissal and the date of termination of the contract.

Determining the timing of the test has its own characteristics. This period is set in calendar days, including weekends and holidays. However, the absence of an employee from the workplace due to other situations, including due to illness and for unknown reasons, is not included in the probationary period.

If the end of the probationary period falls on a non-working day, then the last day of execution official duties in this status, the previous working day is considered. That is, if the employer nevertheless decides to carry out the dismissal during the trial period, then the notice will need to be given in advance.

As soon as the probation period comes to an end, the employee is considered accepted for the position if labor contract not otherwise stated. The simplified dismissal procedure available to employers during the probationary period is no longer valid, and the employee is subject to the rules in force for ordinary employment.

Dismissal of an employee as not having passed the probationary period

The employer has the right to terminate the contract with an employee who did not cope with his duties during the probationary period, and also showed himself unable to perform further work.

Dismissal on probation can be carried out before the end of this period. The employer can terminate the contract with a new candidate at the very beginning of his work. However, the fact of inconsistency with the position held by the employee will have to be confirmed.

Before dismissing an employee who has not passed the probationary period , you should give him a warning about dismissal, and this must be done 3 days before the issuance of the order. This period, as well as the basis for terminating an employment contract with an employee who has not passed the test, is valid only during the trial period. After this period, if the management does not take any action in relation to the hired employee, it will no longer be possible to dismiss him under the same conditions.

The following periods are not included in the trial period:

vacation (including at your own expense, educational);
periods of disability;
periods of downtime in production, if the employee is absent at this time with the knowledge of management;
suspension from work;
performance of state or public duties;
absence from work for unexplained reasons.

You can read more about the registration of absenteeism in the article “How to correctly arrange absenteeism for an employee according to the Labor Code of the Russian Federation?” .

Business trips of employees are included in the probationary period. Moreover, according to the results of the performance of travel assignments, one can judge the compliance of the employee with the position held.

During the entire period of the employee's activity on a probationary period, the employer will need to record the facts of the fulfillment or non-fulfillment of tasks, confirming everything with documents. When conflict situations the employer, upon dismissal on a probationary period, can, with the help of such documents, provide irrefutable arguments testifying in favor of the employee's incompetence.

Evidence of unsuccessful completion of the probationary period can be information from the following sources:

acts of unsatisfactory product quality;
memos and memos from immediate superiors and other employees about the unsatisfactory quality of work of the tested employee;
minutes of the meeting of the commission to discuss the results of the probationary period;
employee reports on the results of his activities.

If during the probationary period the employee was subjected to disciplinary action, then these facts can also serve as evidence of his inconsistency with his position.

In addition, the test worker must be familiarized against receipt with the rules internal regulations, job description and other local regulations.

More detailed information you can read about the duties of HR workers at the enterprise in the material "HR records management from scratch - step by step instructions 2017".

Step-by-step instructions for dismissing an employee who has not passed the test and a sample notification of failure to pass the test

In the event of an unsatisfactory impression of the employer from an employee who was on probation, the employer has the right to dismiss him as having not passed the probationary period in a simplified manner (part 1 of article 71 of the Labor Code of the Russian Federation). However, this will require following a certain procedure, the main component of which is the notice of termination of the agreement.

When designing, the following subtleties should be taken into account:

notice of dismissal should be no later than 3 calendar days before the planned day of termination of the employment agreement;
if the notification is not presented to the employee before the end of the probationary period, he is considered to have successfully passed the probation, and dismissal becomes impossible in a simplified manner;
the notice must indicate the reason for the non-compliance with the position;
it is forbidden to make a decision on dismissal if the employee is at that time on sick leave or on vacation.

Step-by-step instruction for dismissal on probation may look like this.

Firstly, the employee who has not passed the probationary period should be notified in writing, in which it is necessary to indicate the reason for such a decision. You can find a sample notification text on our website at the link below.

Secondly, it is necessary to issue an order from the head of the enterprise to dismiss this employee. The dismissed person must be familiarized with the text of the order against receipt.

Thirdly, it is necessary to make an appropriate entry in the work book.

Correctly fill out work book the material "Filling out a work book upon dismissal - sample-2017" will help

Fourthly, a full settlement should be made on the funds earned by this employee. The final settlement is made with the employee on his last working day or on the day of the appeal (if the dismissed person is not at work on that day). Severance pay to citizens who have not passed the probationary period is not paid.

Variations can only be in the activities of the first paragraph. After the decision to dismiss on probation is made, it may happen that a refusal to accept the notice will follow. Then an appropriate act is drawn up, recorded by at least 2 witnesses.

Results

If an employee has not passed the probationary period, every employer should know how to fire him without violating the law. There may be slightly more grounds for dismissal during a probationary period than with the usual termination of the contract of a full-time employee at the initiative of the employer. In this case, the amount of payments may be less. The employee also has the right to quit if the new place and working conditions do not suit him, without passing the mandatory working off for a period of 2 weeks.

However, do not forget about the duration of the probationary period, after which you will have to terminate the employment contract on a general basis.

The ability to apply the test in relation to new employees is enshrined in Article 70 of the Labor Code of the Russian Federation. Its prescriptions are aimed at protecting the interests of the employer from negligent and incompetent employees. This raises the question: how to dismiss an employee on probation without complications?

The state, represented by supervisory and judicial authorities, in the event of a conflict, takes the side of the employee as the more vulnerable party labor relations. Wherein:

during the test, the employee is covered by the full range of guarantees provided for by the Labor Code of the Russian Federation, the collective labor agreement and his own contract;
the procedure for dismissing a test subject is no less complicated and responsible than that of a permanently employed person, although it involves specific grounds and reduced terms.

In addition, the lack of an evidence base of motives for dismissal, errors in paperwork or violation of deadlines may serve as a basis for:

reinstatement of a dismissed person in a previously occupied position;
claims in his favor wages and other payments for all time forced downtime(from the moment of dismissal until re-acceptance);
awarding compensation for non-pecuniary damage in his favor.

A logical conclusion follows from this: one should not neglect the verification of the competence and business qualities of the applicant, relying on the possibility of getting rid of him in the future. Rather than subsequently getting involved in bureaucratic formalities and thinking about how to fire during a trial period, it is better to spend time on a detailed study of resumes and recommendations, interviews, tests and checks.

Risks of verbal testing agreement

The desire of the employer "in business" is quite natural. However, it is often embodied in inappropriate actions. An individual entrepreneur or the head of an organization actually allows a person to work, thinking that in case of professional unsuitability, he will be able to pay him in cash for the days actually worked and say goodbye without registration.

Having taken such a step, the employer is at great risk, since a legally “savvy” employee, after working for several days, may legally demand the registration of an employment relationship. At the same time, it will no longer be possible to include a test condition in the contract. Why it happens:

A contract not drawn up in writing is considered concluded if a person has started work on behalf of, or at least with the knowledge of the administration (part 1 of article 67 of the Labor Code).
The employer is obliged to draw up and sign an agreement with the actually employed person for a period not exceeding three working days (part 2 of the same article).
If the employee is actually admitted to work, the test condition becomes impossible to include in the contract.
The previous rule implies only one exception - the preliminary (that is, preceding the actual start of labor) signing of a separate, properly executed test agreement (Article 70 of the Labor Code).

At the risk of agreeing on a probationary period orally, the employer can get one of the most unpleasant consequences:

be associated with a permanent employment relationship with an employee who is unsuitable and aggressive towards the administration, who can only be fired on a general basis with a two-month notice;
a lawsuit for renewal in office;
complaints to the labor protection authorities and the prosecutor's office;
appropriate inspections.

The possibility of dismissal is provided in advance

From Art. 70 of the Labor Code, it is obvious that when hiring a person with a test, one should correctly draw up and sign an employment contract, which clearly states the need to pass the test as a condition for continuing the employment relationship, its duration and procedure for passing.

When setting the test, the personnel officer must make sure that the employee is not included in the category of persons who cannot be subjected to him, namely:

elected by competition;
pregnant women and mothers of children under the age of one and a half years;
minors;
first-time employed graduates of educational institutions who graduated no more than a year ago;
invited in order of translation;
concluding a contract for a period not exceeding two months.

It is important to set a period sufficient to reveal the real professional level candidate and at the same time not exceed the established limits:

3 months (general rule);
6 months for senior management: directors; managers of branches or separate subdivisions; their deputies; chief accountants;
2 weeks, if the contract period is from two months to six months.

It is worthwhile to take care in advance that, if necessary, dismiss the employee on probation as reasonably as possible. It is necessary that the employee not only read, but, on receipt, familiarize himself with the key documents regulating his activities:

regulations work schedule institutions;
job description;
labor protection rules;
collective agreement;
position on the structural unit (if any);
the charter of the enterprise (if we are talking about a manager).

Without doing this, it is very difficult to motivate dismissal. At the hearing, the employee will reasonably be able to dismiss accusations of inactivity or temporary absence. The employer is to blame if:

did not clearly define the terms of reference;
did not warn at what time the working day begins, and at what time the lunch break begins;
did not set a workplace for the employee.

Documentation of the test to justify dismissal

Article 71 of the Labor Code establishes the possibility of refusing to continue cooperation for both parties of labor relations:

An employee's question about whether it is possible always assumes an affirmative answer. He is not obliged to justify his own refusal to continue the employment relationship.
The employer, on the contrary, must substantiate the unsatisfactory outcome of the test. In this case, you can build on the procedure used by government agencies. It would be advisable to do the following:

draw up an individual program of activities for a trial period and approve it at least at the level of the head of the unit;
familiarize the employee with it against signature;
appoint a responsible employee as a curator;
document the results of the implementation of the planned activities by the subjects: keep records of the work done and at the same time control its quality.

The test program should be designed so that:

it corresponded to the terms of reference;
the employee could demonstrate his skills and abilities;
as needed, the subject could be given separate tasks.

Obviously, documenting the test will take time and resources. But in the end it will justify itself, because:

will open up opportunities to objectively evaluate the activities of an employee during the test period;
in case of a negative result, it will give an opportunity to justify the dismissal.

Unsatisfactory test result as a reason for termination of the contract

Employers are wondering if it is possible to fire an employee on probation due to dissatisfaction with the results of his work. They should also form the basis for the formulation of the reasons for terminating the contract, reflected in two documents - a notice of dismissal and an order.

A negative test result must be documented. Depending on the field of activity of the employee, for these purposes can serve:

commission acts on the produced marriage;
written claims and complaints from customers about improper service, unskilled work;
poorly written and executed documents;
memorandums of the immediate superior that the subject is not coping with official duties;
You can also refer to the facts of bringing to disciplinary responsibility.

With regard to a negligent employee, the thought often arises, is it possible to dismiss before the end of the probationary period? Although the termination of the contract occurs on the basis of the results of the test, the employer is not obliged to wait for the expiration of the established test term and may decide earlier, as soon as he is convinced of the unsatisfactory results of the test and receives evidence of this fact.

Applicability to the subject of the general grounds for termination of the employment contract

During the test period, the employer is not limited by the provisions of Art. 71 TK. It is also possible to dismiss on a trial period on general grounds (Article 81 of the Labor Code):

liquidation of the institution or curtailment of the activities of the individual entrepreneur;
staff reductions;
non-compliance with the work performed or the position held due to insufficient qualifications established by the results of the certification;
repeated non-performance by an employee of official duties without good reason, subject to the preliminary application of a reprimand or other disciplinary sanctions against him;
a single gross violation;
absenteeism - a four-hour or more absence from the workplace within one day without good reason;
the appearance of an employee on the territory of the organization in a drunken state;
disclosure of personal data, commercial or other secrets, which the employee was privy to in connection with the performance of labor duties;
committing theft at the place of work, including petty, intentional damage or destruction of the property of the employer;
immoral act of a teacher;
violation of labor protection rules, duly recorded by a specialized commission, if it had serious consequences (accident, accident, catastrophe) or carried a threat of their occurrence;
guilty actions of an employee working with valuable property or money, if they caused a loss of confidence;
submission by the applicant of forged documents when applying for a job.

It's the same for the leadership team.

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 additional 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.

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 of the 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.

Causes

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.

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