Letter of probationary period sample

A probationary period is a period of time intended to evaluate the professional qualities of a worker; during this period, wages are also paid. The possibility of its establishment is determined by the labor legislation of the Russian Federation. Information on this topic is presented in 71 articles of the Labor Code.

Based on the results of passing the test, the employer makes a decision regarding the employee’s continuation of work at this place. If an employee has not completed the probationary period, he can be dismissed without mandatory service. For this purpose, the Labor Code of the Russian Federation contains appropriate grounds for termination of the contract.

Legislative framework

The employment contract must contain a clause on the completion of a probationary period (PP) indicating its duration.
Read here about whether it is necessary to draw up an employment contract during a probationary period, and from this article you will learn about registering IP in a fixed-term and permanent employment contract. If the company has been in existence for more than a year, then it usually develops its own specific algorithm for checking new employees during the trial period. For this purpose, the management is developing a special regulation.

The Labor Code establishes certain categories of workers for whom it is prohibited to introduce a probationary period:

• pregnant women;
• young people under 18 years of age;
• specialists who are registered in the order of transfer, those who entered by competition and some others.

This document describes in great detail the general provisions on the procedure for passing the verification period and specifically describes the procedure itself.

1. The tasks and goals, the criteria by which the subject will be assessed, are indicated.
2. The terms and reasons why it is possible to reduce them are determined (its duration cannot exceed 3 months - Article 70 of the Labor Code of the Russian Federation).
3. A curator is appointed and an individual plan is drawn up for the period of professional suitability testing.
4. The procedure and deadline for reporting test results is prescribed.

Start

The probationary period always starts from the very first day of work. It is impossible to install it if a person has already worked at the enterprise for some time (at least for a few days).

Test period

The probationary period in general should be no more than 3 months (Part 5 of Article 70 of the Labor Code of the Russian Federation). And when concluding an employment contract for a period of 2 to 6 months, the trial cannot exceed 2 weeks (Part 6 of Article 70 of the Labor Code of the Russian Federation).

An extended probationary period may be established for heads of organizations and their deputies, chief accountants and their deputies, heads of branches, representative offices or other separate structural divisions of organizations. For such employees, the probationary period can be up to 6 months.

How to write a memo to hire an employee after a probationary period

When it comes to recording the test results, it means that the employee did not pass the test. After all, upon successful completion of the probationary period, the preparation of any documents is not required. An employee who has passed the test simply continues to work at the end of the test (Part 3 of Article 71 of the Labor Code of the Russian Federation).

But if the test results are unsatisfactory, the employer has the right to terminate the employment contract with the employee before the end of the probationary period without paying severance pay, notifying the employee of the dismissal no later than 3 days before the dismissal. The warning must be in writing.

It must indicate the reasons why the employee was found to have failed the test (Parts 1, 2, Article 71 of the Labor Code of the Russian Federation). Such reasons are initially indicated in the conclusion, which is drawn up if the test result is unsatisfactory. Thus, the conclusion based on the test results is both the basis for the subsequent issuance of a warning about the dismissal of the employee, and confirmation of the validity of the dismissal of the employee under Part 1 of Art. 71 Labor Code of the Russian Federation.

To provide a conclusion on the results of the employee’s test, we provide a sample of its completion.

We remind you that the employee has the right to appeal to the court the employer’s decision to dismiss due to failure to complete the probationary period. In addition, during the probationary period, the employee himself has the right to resign of his own free will if he considers that the job offered to him is not suitable for him. In this case, the employee has the right to notify the employer of dismissal 3 days in advance (Part 4 of Article 71 of the Labor Code of the Russian Federation).

If, after the expiration of the test period, the employee has not received negative feedback on his work activities, he is considered to have successfully completed the control period. A separate order or instruction regarding such results is usually not issued. The employer is allowed to dismiss the subject at any time during the probationary period.

This action has some negative consequences.

1. firstly, the right to severance pay is lost, if it was provided for by the collective agreement.
2. secondly, the trade union organization will not be able to prevent the dismissal, since such circumstances are beyond its competence.

Instructions for dismissal due to failure to complete the probationary period

Termination of the employment relationship is possible at the initiative of the employer at any time during the probationary period. The grounds for termination of the contract are reflected in Article 81 of the Labor Code of the Russian Federation.

For dismissal, it is important to comply with certain formalities. There are several steps when carrying out the procedure according to the law.

First, you need to prepare documents that will reflect the grounds for dismissing a person. Next, the employee is given a written notice directly.

It reflects the reason for termination of the employment contract, which may be:

• execution of orders on time or ignoring them;
• non-compliance with the rules adopted in the organization;
• disciplinary violations;
• poor quality work.

First of all, a probationary period is required to assess a person’s suitability for the position held. Even if a person comes to work at the wrong time or skips work, this fact should not be noted in the notification. The employee must be punished in the form of a reprimand or reprimand. The dismissal will be considered unlawful, which will be reported to the employer by labor inspectors.

Next, an order is prepared to dismiss the person. The law provides for two forms of the document. If the employment contract is terminated with one person, the T-8 form is used. When dismissing several employees, you must use Form T-8 a.

After preparation, the document must be handed over to the employee for review. He confirms the fact of reading with a signature. A corresponding entry is made in the employee’s work book.

Sample report on test results

Required Documentation

The dismissal of an employee must be carried out on the basis of certain documents. There are several papers that may indicate a person’s professional incompetence.

How to get?

To successfully complete this probationary period, you do not need to do anything special; you just need to conscientiously and efficiently carry out all the tasks set by management. First, you should carefully study your job description, your responsibilities, and do not hesitate to ask advice from experienced colleagues.

You need to listen to competent criticism, respond adequately to it and correct your shortcomings and mistakes. For each employee for this period, a specific individual plan is drawn up, which outlines control tasks.

Work plan

Initial testing stage

It is important that the testing period begins from the first day a citizen starts working in the company. It is unacceptable to apply this period when a person has already worked for a company for some time. The procedure for completing the probationary period does not provide for the need to perform certain actions. During this time, a person must conscientiously fulfill his work responsibilities and comply with the requirements of the company’s management.

Initially, you need to carefully read the provisions of the job description. This is necessary in order to prevent violations during work. In addition, it is acceptable to ask for advice from those who have been working in the company for a long time. If someone criticizes a citizen, then it is best to listen to him and then begin to correct the shortcomings. An individual testing program is created for each person. This act reflects the exact tasks assigned to the employee.

Sample memo

A notice of failure to complete a probationary period is a document that is provided to an employee of an organization who has not completed the probationary period.

The main provisions of the test are established by Articles 70 and 71 of the Labor Code of the Russian Federation.

The document must contain the following information: The following persons have the right to sign a notice of failure to complete the probationary period:

• Head of the organization;
• A person authorized by the company’s management to conclude and terminate employment contracts with personnel.

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In the video, a specialist talks about dismissal for failure to complete the probationary period. The notification header contains the following information:

• Name of company;
• Title of the document;
• Registration number;
• Date of preparation;
• Full name of the employee's position;
• Last name, first name and patronymic.

The notice is made in two copies for each party.

See the article for the amount.

To do this, during the probationary period, the employer must record in detail in writing the results of the employee’s work and his compliance with labor discipline.

However, the legislation does not provide a clear list of documents confirming the professional unsuitability of an employee.

An example would be one of the following: Sometimes, to confirm the unprofessionalism of an employee, only documentary evidence is not enough, then the testimony of witnesses can help.

For a small company, an official address may be an excessive formality.

Subsequent actions - notifying M.G. Sadovskaya, preparing a dismissal order, and then accepting a new person into the accounting department - are a consequence of the sent memo.

7 (St. Petersburg)

As a rule, the need to draw up this document arises when an employee faces a problem. But, in this case, one condition must be met - the note contains information about the issue that is within the competence of the employee preparing it.

conclusions

To summarize, let us once again draw attention to the main points that will help the employer avoid litigation. Everyone should remember them when establishing a probationary period and dismissing an employee who fails to cope with the test.

1. Not all employees may be subject to a probationary period. Dismissal based on the results of a probationary period of a temporarily disabled employee, a pregnant woman or a woman with a child under three years of age is unlawful;
2. The test is considered established if the corresponding condition is included in the employment contract. The absence of a probationary period clause in the employment contract makes it unlawful to subsequently apply the probationary clause, even if it is enshrined in the collective agreement and other local acts (hiring order, job description, etc.);
3. The test results must be documented;
4. In order to dismiss an employee based on the results of the probationary period, the employer must indicate in writing the reasons why he was found to have failed the test, as well as document this fact;
5. The employee must receive notice no later than three days before dismissal.

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An employer has the right to dismiss an employed citizen who reasonably fails to pass the prescribed test. However, on this basis, this can be done before the end of the trial period specified in the employment agreement.

A person is warned about the upcoming dismissal in writing - he is given proper notice from the employer 3 days before the date of such dismissal.

This warning must contain a list of justifications - specific reasons why a citizen is considered unfit to continue working.

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Employee adaptation

Adaptation in any team is not an easy process, because a new person joins an existing team. Of course, he needs to be helped, not left without support, and appointed a curator to help him during the probationary period.

The following may be involved in monitoring and monitoring the correct execution of tasks:

1. the immediate supervisor of the tested employee;
2. mentor;
3. curator;
4. observer.

It is also possible to create commissions, but this practice is usually only suitable for large enterprises.

What are they looking at?

During this period, monitor:

• the ability to quickly master various skills and learn;
• quality of performance of official duties;
• desire and ability to quickly correct mistakes;
• compliance with labor discipline and internal regulations;
• how a person copes with unexpected problems and stress;
• communication skills, communication skills.

A probationary period is a period established by an employment contract, during which the employer looks closely at the employee and, conversely, the employee in practice evaluates the work offered to him and the working conditions in the organization (individual entrepreneur).

The trial (probationary period) is established by agreement of the parties to the employment contract: the employee and the employer and is reflected in the contract and in the order for employment (part 1 of article 68, part 1, 2 of article 70 of the Labor Code of the Russian Federation). The duration of the trial is established by agreement of the parties and cannot, in general, be more than three months (“Hiring: maximum probationary period”).

Who is not subject to probation?

Not all potential employees can be given a probationary period.
If an employer includes a condition on probation in an employment contract with a person who is prohibited from establishing a trial, this condition will not be valid (Part 2 of Article 9 of the Labor Code of the Russian Federation). The list of persons is determined by Part 4 of Art. 70, art. 207 of the Labor Code of the Russian Federation and other federal laws:

• pregnant women and women with children under the age of one and a half years;
• under the age of 18;
• those who have received secondary vocational education or higher education in state-accredited educational programs and are entering work for the first time in their specialty within one year from the date of receiving vocational education at the appropriate level;
• concluding an employment contract for a period of up to two months;
• invited to work by way of transfer from another employer as agreed between employers;
• those who have successfully completed an apprenticeship - upon concluding an employment contract with the employer, under the agreement with which they underwent training (Article 207 of the Labor Code of the Russian Federation), etc.

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If, before the end of the probationary period, the employer learns that the employee belongs to the category of persons for whom probation is impossible, changes must be made to the employment contract. In this case, it is necessary to conclude an additional agreement to it, which will cancel the test condition. Based on the agreement, an appropriate order should be issued.

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End of test

Certification at the end of this time period is perhaps the most ideal option for completing it. That is, a new employee undergoes exactly the same test (suitability for the position) as everyone else, according to the certification regulations developed in the organization.

This period is considered completed when the time period established for the IP ends (it is indicated in the employment contract).

results

The results at the end of this test may be positive or negative. Well, of course, a negative result is much less common, because usually already in the first 3–4 weeks it becomes clear whether a person is coping with the assigned tasks or not. Therefore, more often than not, they part with an unsuitable employee who just doesn’t work out earlier.

Attention! If during the testing process the employee understands that this place is not suitable for him, in order not to waste time, he must notify the employer 3 days in advance (in writing) and

resign voluntarily

.

The most important document is the completion report, which is prepared after the tests are completed. It precisely reflects the employee’s ability to perform his job duties.

1. Who writes?
   The report is usually compiled by the curator assigned to the subject.
2. How to compose it?
   It is not difficult to write a report; it must strictly correspond to the specific test plan developed earlier. It should be described in detail, for each task set in the plan - how it was completed, what mistakes were made, how they were corrected. It is convenient to use a point scale in such a report; it will look more objective.
3. During what period?
   The report must be ready no later than 2 weeks before the end of the verification period.

Characteristic

After the testing period, the employee’s character reference is drawn up by his immediate supervisor. It reflects not only his business qualities, but also his ability to work in a team, mobility, social adaptation, level of culture and stress resistance. This characteristic is then attached to the report (based on test results).

The conclusion is already the final document; it is prepared on the basis of the two previous ones (report and characteristics). This document analyzes and summarizes all the results of labor activity during the designated period.

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Writing a report after the probationary period sample

What is the probationary period provision?

You should not use the test as a tool to “squeeze” a newbie - it is not only illegal, but also unethical. You should also give tasks whose results can be objectively assessed. For example, conclude contracts for the supply of products for a total amount of 300,000 rubles.

If an organization has existed for more than a year and its leader often hires staff under the condition of passing a probationary period, then a certain algorithm inevitably develops for testing the knowledge and skills of new employees. Such an algorithm is best documented in the regulations on the procedure for completing the probationary period.

The provisions on the order of testing are important.

And option two (with applications). Here are some points that are reflected in such a document:

• General provisions. It should be explained what the probationary period is for, what its goals and objectives are.

Definition of a probationary period As mentioned above, a probationary period is a period during which the employer can determine whether the employee is suitable for him, and the employee can finally decide whether he is satisfied with such work and such a team.

What does the provision say about the procedure for completing the probationary period and what are the employer’s actions after its end?

The adaptation period is helped by the supervisor assigned to the new employee, his boss, and the HR manager. The main goal of adaptation is to identify the test subject’s ability to work independently.

During the first month, they observe how the newcomer learns new material, and in subsequent periods - how he applies the acquired knowledge in the process of work.

Progress report

At any time during the probationary period, the employer may terminate the contract with the new employee under Article 71 of the Labor Code due to his unsatisfactory work. If the assessment is positive, the probationary period ends at the moment that was written down in the employment contract, or can be completed earlier than scheduled at the discretion of the manager.

Employer risks

Even if everything is done as competently as possible, there is always a risk that the offended employee will go to court to challenge the reasons for not completing the probationary period. In order to be confident in a positive outcome of the case, the employer must reduce all possible risks to a minimum.

1. untimely notice of dismissal;
2. the absence in the employment contract of a stated clause on assigning a probationary period to the employee;
3. insufficient justification of the reasons;
4. lack of familiarization with the job description at the time of signing the employment contract.

Arbitrage practice

Labor legislation does not regulate a specific list of documents required to justify dismissal due to the employee’s failure to complete the probationary period, as a result of which each case is considered individually to determine the sufficiency of the evidence presented.

A court that finds such a dismissal unlawful may oblige the company to reinstate the employee to his previous position and pay compensation:

1. Wages for the period of forced work downtime;
2. Compensation for legal costs;
3. Compensation for moral damage.

At the end of the probationary period, after all the necessary documentation has been prepared, the employer studies it and then makes a decision - such an employee is needed or he is not suitable. Accordingly, further events depend on this decision: either dismissal occurs, or the person becomes an equal member of the team.

It often happens that the probationary period has already ended, but the employee continues to work, this means (according to Article 71 of the Labor Code of the Russian Federation) that the test has been successfully passed. That is, it turns out that the employer may not notify the person about this. But it’s better to do this in order to set your employee up for successful activities in the future.

If, at the end of the testing period, an unsatisfactory assessment is received, then the person must be warned 3 days before the date of dismissal (Article 71 of the Labor Code of the Russian Federation), in writing and against signature.

The reason for dismissal at the initiative of the employer must be legally formulated. It is best to back it up with documents; these could be acts of failure to fulfill duties, complaints from clients, as well as memos or reports that were drawn up by the supervisor and immediate superior during the verification period.

Such an order is needed only if the trial period ended early (was shortened).

The procedure for terminating an employment contract with an employee who has not passed the test

The procedure for establishing a test for hiring is established in Art. 70 Labor Code of the Russian Federation.

Step 1. The probationary period for the employee must be included directly in his employment contract. The absence of such a condition in the employment contract means that the employee was hired without testing.

The probationary period does not include any periods of actual absence of the employee from work, including periods of the employee being on short-term leave without pay or on leave in connection with training, performing state or public duties, the period of absence of the employee from work without good reason (period absenteeism), a period of downtime, if the employee was absent from work during the downtime (Decision of the Supreme Court of the Russian Federation dated 04.08.

Step 2. Based on the employment contract, which contains a provision for establishing a probationary period, the employer issues an order noting that the employee has been hired on a probationary period and indicating the period of such probation.

If an employee fails to fulfill his job responsibilities during the probationary period, the employer has the right to dismiss him. The procedure for dismissing an employee who has shown unsatisfactory results is established by 71 of the Labor Code of the Russian Federation.

Step 3. The employer must confirm that the employee is not coping with the job, because the responsibility to prove the existence of a legal basis for dismissal and compliance with the established procedure for dismissal rests with the employer (clause 23 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated March 17, 2004 No. 2). In order to avoid becoming involved in litigation, it is advisable to create a work plan for the employee for the probationary period, keep a log of monitoring the completion of the test, and request reports from the employee on completed tasks.

Step 4. Your decision to dismiss an employee must be supported by a number of documents. It can be:

• various kinds of acts confirming non-fulfillment or poor quality performance of the work assigned to the employee, stipulated by the employment contract or job description;
• reports (official) notes or reports from the employee’s immediate supervisor or the person responsible for evaluating the test results;
• witness's testimonies;
• a “peculiar” certification (test) sheet and minutes of the meeting of a “peculiar” certification (test) commission;
• orders to impose a disciplinary sanction on an employee (which is not disputed or disputed);
• written complaints (claims) from clients.

By the way, sometimes one memo may be enough to fire an employee. There is such a case in judicial practice. The reason for the dismissal was a memo from the employee's immediate supervisor. The document stated that the employee’s quality of work did not correspond to the position he occupied, and that his attitude towards work was lazy and lacking initiative.

Step 5. It is necessary to warn the employee about the termination of the employment contract in writing: facts indicating that the employee did not pass the test are recorded in the appropriate act. This must be done no later than three days before dismissal.

In judicial practice, there is a case where the corresponding notice was drawn up and delivered to the employee only two days before the termination of the employment contract. The court recognized the dismissal of the employee as legal, even though the employer violated the dismissal procedure provided for in Art. 71 of the Labor Code of the Russian Federation (Cassation ruling of the St. Petersburg City Court dated August 29, 2011 No. 33-13139/2011).

Warning

Dear V.V. Smirnov!

In accordance with Art. 71 of the Labor Code of the Russian Federation, we warn you that the employment contract concluded with you is subject to early termination due to the fact that you were found to have failed the test provided for by the employment contract due to inconsistency with the position held and repeated violations of labor discipline and internal regulations of the organization .

Your dismissal date is August 1, 2020.

Thank you for your work. You will be additionally informed by your immediate supervisor about the procedure for settlement with the company.

We wish you all the best.

General Director Petrov S.S.

(name of the position of the person who signed the document)

personal signature of I.O. Surname

Date 07/18/2017

AWARE OF

Job title personal signature ____________

(indicated by the employee by hand)

In the written notice of dismissal provided to the employee, the employer must indicate the reasons for the dismissal. If the employee does not agree with the employer’s position, then this decision can be appealed in court. An analysis of judicial practice shows that the disputes considered by the courts are related specifically to the employer’s violation of the procedure for dismissing an employee who has not completed the probationary period.

Step 6. So, the employee received the notice, signed, now after three days the employer issues a dismissal order, which the employee must also be familiarized with against signature. The following entry is made in the work book: “The employment contract was terminated due to unsatisfactory test results, part one of Article 71 of the Labor Code of the Russian Federation.”

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Step 7. On the day of termination of the employment contract, the employer is obliged to issue the employee a work book and make a settlement with him with the payment of all amounts due to the employee.

Also Art. 71 of the Labor Code of the Russian Federation establishes that if, during the probationary period, a newcomer comes to the conclusion that the job offered to him is not suitable for him, he has the right to terminate the employment contract at his own request, notifying the employer in writing about this within the same three days. That is, not only an employer can fire an employee during a probationary period, but the employee himself can decide that the chosen company does not meet his expectations: career or salary - it doesn’t matter.

Then, by agreement with the employee, the probationary period can be extended by another month. True, Rostrud officials in Letter No. 520-6-1 dated March 2, 2011 claim that the possibility of extending the probationary period by amending the employment contract is not provided for by the labor legislation of the Russian Federation. Their opinion on this issue is the only one, since there are no other explanations; it is up to the employer to decide whether to adhere to it or ignore it.

Rostrud is not against reducing the probationary period if the employee quickly showed his best performance. Letter No. 1329-6-1 dated May 17, 2011 concluded that, with mutual consent, the parties have the right to enter into an additional agreement to the employment contract to reduce the probationary period. These changes will not contradict labor legislation.

Is it possible to resign at will during a probationary period? As we indicated, an employee can be dismissed during a probationary period at the initiative of the employer. And to the question “Is it possible to quit during a probationary period” the answer is also affirmative. After all, the Labor Code of the Russian Federation does not limit the employee’s right to dismissal on his own initiative. Moreover, dismissal during the probationary period is simplified for an employee.

How can an employee resign during a probationary period? If during the probation period the employee realizes that the job is not suitable for him, he turns to the employer with a free-form application in which he asks to terminate the contract at his own request. At the same time, you need to notify the employer about dismissal, if the probationary period has not yet expired, not 2 weeks, but only 3 calendar days before dismissal (Part 4 of Article 71 of the Labor Code of the Russian Federation).

When can you quit during a probationary period? An employee can resign during a probationary period at any time. The Labor Code of the Russian Federation does not establish a minimum period that an employee must work. However, it must be taken into account that a resignation letter must be submitted at least 3 days in advance and this period begins to run from the day following the day the employer receives the application.

“The employment contract was terminated at the initiative of the employee, paragraph 3 of part one of Article 77 of the Labor Code of the Russian Federation”

The Labor Code of the Russian Federation does not prohibit an employer from dismissing an employee at his own request, even if the employee has not passed the test. After all, it is unlikely that an employee would want to have a record of dismissal due to unsuitability in his work book. If the employer does not mind, the employee can submit a resignation letter of his own free will.

Form and sample notification of failure to complete the probationary period

Please consider the probationary period of the employee_________________________________________ (position) (department, subdivision) ended with “___”___________________200___. Characteristics of the employee during the probationary period: - Mentor (supervisor) _________________________________________________________ - Head of department ___________________________________________________________ Please issue a permanent pass and a magnetic card with “____” __________200__.

Set tolerance zones: Office, Warehouse: Receipt point, Commissioning point, Delivery point (signature, full name in accordance with the tolerance zones) (signature of the head of the department) Consider the probationary period completed “___” ____________________200___g. Consider the employee to have failed the probationary period and dismiss him with “___”____________200___.

HR Director of XXX LLC _______________ /________________/ “____”____________200_g.

Signature Full name Procedure “Adaptation of new employees of SE LLC XXX”

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1.7. The probationary period may be reduced to a duration of at least one month.

Feedback on the results of the employee's probationary period

Subject of the document: Text version file: 6.0 kb Save the document: —————————————————————————— ¦ FEEDBACK ¦ ¦ about the results of the employee’s passing ¦ ¦ ____________________________________ ¦ ¦ (initials, surname) ¦ ¦ probationary period ¦ ¦ ¦ ¦Name of the structural unit: _______________________________.¦ ¦Name of the position (workplace) or assigned work (labour function) _________________________________________________________________¦ ¦_________________________________________________________________________.¦ ¦Period of the employee’s probationary period : ¦ ¦с "__" __________ 20__

according to "__" __________ 20__ ¦ ¦ ¦ ¦1.

Has the new employee proven himself to be a specialist, and does he have the necessary qualifications? (yes; to the necessary extent; to an insufficient degree; to a minimal degree; no, does not have; other) _______________¦ ¦______________________________________________________________________________.¦ ¦2. Does the new employee follow the accepted standards of conduct at the enterprise, does he always promptly, completely and accurately comply with the internal rules of the labor regulations and orders of the management of the enterprise (division)?

(yes; to the necessary extent; to an insufficient extent; to a minimal extent; no, does not possess; other)¦ ¦______________________________________________________________________________.¦ ¦3. Is a new employee able to keep from disclosure the information entrusted to him, which constitutes a legally protected secret of the enterprise?

(yes; to the necessary extent; to an insufficient extent; to a minimal extent; no, does not possess; other) ___________________________________________________.¦ ¦4. Does the new employee have the necessary personal qualities, including: ¦ ¦4.1. High performance _____________________________________________.¦ ¦4.2.

Learning ability ______________________________________________________________.¦ ¦4.3. Ability for business communication ______________________________¦ ¦4.4. Leadership qualities _____________________________________________.¦ ¦4.5.

A sense of responsibility __________________________________________.¦ ¦4.6. Other important, in your opinion, positive qualities (you should indicate which ones): _________________________________________________ ¦______________________________________________________________________________.¦ ¦4.7. Other important, in your opinion, negative qualities (you should indicate which ones): _________________________________________________ ¦______________________________________________________________________________.¦ ¦4.8.

Taking into account the above, you assess the general personal potential of the new employee as: very high; high; quite high;¦ ¦average; mediocre; quite low; short; close to zero. ¦ ¦ ¦ ¦5. General preliminary assessment of the employee’s activities during the probationary period (in points): 20 19 18 17 16 15 14 13 12 11 10 9 8 7 6 5 4 3 2 1 (specify specifically). ¦ ¦ ¦ ¦Name of the position of the immediate superior ¦ ¦ (head of a structural unit of the enterprise) ¦ ¦Personal signature I.O.

Last name ¦ ¦Date ¦ ¦ ¦ ¦D: doc ewworkerotzyv13.doc ¦ ¦ ¦ ¦First name Last name ¦ ¦000-00-00 ¦ —————————————————————————

Causes

There are three main reasons why an employee may “fail” the probationary period:

1. Inconsistency between the employee’s qualifications and the functionality performed. The most common reason, the roots of which lie in an incorrect assessment of the candidate during an interview.
2. “Didn’t fit in” with the team. One of the most “slippery” reasons because it is the most difficult to measure. Sometimes it happens that an employee does not fit into the existing corporate culture of the company, does not support certain moral values, behaves differently from what is customary in this particular organization, etc.
3. Violation of labor discipline. According to statistics, one of the rarest reasons for dismissals is during the probationary period. As a rule, adequate employees do not allow themselves to commit gross violations of discipline, and most often such a reason “covers up” the true one - professional incompetence, which is simply much more difficult to prove in fact.

In an ideal situation, in order to determine whether an employee successfully passes the probationary period or not, it is necessary to determine the criteria for success at the time of signing the employment contract.

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In Russian companies, KPIs (key performance parameters) are quite rarely formed “at the entrance” to the company, and yet they could serve as excellent assessment tools.

If the employee has not passed the probationary period

If the person being tested has not passed the probationary period at work, then the company can legally say goodbye to her long before the end of the test. The negative result of the test is the discrepancy between the qualifications of the newly minted worker and the assigned work in accordance with the job characteristics. A negative test result is a legal basis for terminating the contract without the employee’s consent.

• acts on poor quality performance of qualifying direct duties;
• reports, reviews, characteristics, conclusions of a specific employee’s supervisor about his professional incompetence;
• acts on the production of defective products;
• control logs on passing the test inspection;
• personal written reports from the employee on completed assignments and a detailed description of the reasons for non-fulfillment of tasks;
• minutes from meetings of the commission to establish the results of the employee’s test;
• customer records in the book of complaints and suggestions, etc.

In what form is it compiled?

A memo for an employee on a probationary period is submitted in writing by the immediate supervisor of this employee addressed to the head of the company, because it is he who must make the decision on dismissal.

An official memo is an internal tool of any organization. An official memo is drawn up in any form, but, nevertheless, must include a number of mandatory elements:

• in the upper right corner the position and full name of the addressee in the dative case are indicated;
• then the name of the document itself is indicated, that is, “service memo”;
• further indicates the date of preparation of the document and registration number;
• the title of the document must contain information about the subject of the memo (the title is indicated in the prepositional case);
• the main text of the document describes the current situation, then a specific proposal or request;
• at the end of the memo, the position of the originator, signature and transcript of the signature (last name, first name, patronymic) are indicated.

Formatting a memo:

• the memo is drawn up on a sheet of A4 paper;
• For text, the font “Times New Roman” is used;
• font size - 14;
• line spacing – 1.5;
• the date is entered in Arabic numerals (for example, 06/24/2015) or letters and numbers (for example, June 24, 2020);
• The name of the document can be located either in the middle or from the border of the left margin.

Notifying an employee if they fail the test

If the subject has not passed the test, the employee can be warned that there will be no further cooperation using a written notice drawn up in any form. There is no single form for notification of termination of an employment contract during a test due to failure to pass it, therefore, each company prepares a notification according to its own standard template.

The notice must contain:

1. name, details);
2. title of the document (notice);
3. reference to the employment contract (number, date of conclusion);
4. reasons for dismissal (with reference to the Labor Code of the Russian Federation);
5. number, date of notification;
6. position, full name of the subject;
7. signature and seal of the manager.

The notice indicates the employee’s full name, his position, as well as the reason for the upcoming dismissal. The document must make reference to the article of the Labor Code of the Russian Federation on the basis of which the employee is dismissed. But the main thing from the notification should be clear on what basis the conclusions about the subject’s professional incompetence were made (for example, you can provide a link to the memo from the immediate supervisor, a journal for passing an IP or an act on the release of a defect).

The document is drawn up at the company secretariat and signed by its director. Notice must be provided for review and signature at least three days before the upcoming date of termination of the employment relationship.

The document is delivered in person or sent by registered mail to your home address. The notice period (3 days before dismissal) includes non-working days. If an employer fires an employee without notice, this will be considered a violation of labor laws, even if the employee has worked for the company for less than a week.

Many employers believe that a dismissal order is a notice (warning) of the termination of the employment relationship. However, it is not. It is necessary, even before issuing the order, to warn the employee in writing that he has not completed the probationary period and will be fired.

Who makes the decision?

During the probationary period, the final decision to dismiss an employee who fails the test is made by his line manager, but it is formed, as a rule, on the basis of collected feedback from colleagues working closely with the new employee.

Thus, the decision may be influenced by: HR department employees supervising the probationary period, line colleagues, project team members, department head, employee’s subordinates, etc.

Registration of dismissal during the probationary period

An employee who fails the test can be dismissed at the initiative of the employer.
Moreover, the termination of the employment contract will be carried out according to the simplified scheme provided for in the Labor Code of the Russian Federation. This is probably the only positive moment for the employer, since in all other respects the employee during this period has equal rights with the rest of the team. However, it is worth mentioning that the employee himself can initiate dismissal due to the fact that he is not satisfied with the company, employer, responsibilities, etc. However, a person cannot be fired simply at the request of the employer. Dismissal during the probationary period will be justified only if the level of professional preparedness of the subject is below that required to perform the duties of the given position.

It is not at all necessary to wait until the end of the probationary period to inform the employee that he is professionally unsuitable for the job. Conclusions about the quality of his work are generally made fairly quickly. Therefore, according to the Labor Code, he can be fired on any day, but only during the probationary period. Of course, in this case, you need to follow the dismissal procedure and inform the employee about this, handing him a notice of unsatisfactory completion of the probationary period - that is, a document that officially notifies of the upcoming termination of the contract.

When should you decide?

This coin has two sides:

• on the one hand, the employer is interested in assessing as soon as possible whether the employee is suitable for the position held or not, since he spends resources on his personal and professional adaptation;
• on the other hand, everyone has a different speed of adaptation and it is possible that the employer, in a hurry, will make the wrong decision, a little before waiting for the employee’s potential to be revealed, and he will again suffer losses.

There is a way to minimize risks. The secret is careful planning of the adaptation process and the development of stage-by-stage patterns of success. The clearer the employer himself understands what he wants from an employee, the higher the likelihood of relevantly assessing his results:

1. Divide the probationary period into stages;
2. Write down tasks and goals for each stage;
3. Think over a system for assessing each stage;
4. Collect feedback wisely.

Legal basis

In employment agreements, if a probationary period is established, an indication of it is made. At the same time, you should specify how long it lasts. When a company has been on the market for more than a year, most often it has its own developed algorithm for testing the skills of employees during a specified period of time. For this purpose, management draws up a special act. Labor legislation indicates certain categories of employees for whom it is not permissible to establish such a period. These include:

• women who are pregnant;
• citizens who have not reached the age of majority;
• employees who are transferred to the company from another organization or structural unit;
• persons who were hired under the conditions of a competition.

In addition, these rules may apply to other categories of citizens.

We fire you wisely

So, let’s say the decision has already been made, the conclusion has been made that the employee did not pass the probationary period, now the employer is faced with the task of correctly formalizing the dismissal based on the results of the probationary period, because dismissal is always a risk of getting a lawsuit from an offended former employee.

Procedure

Let's consider the procedure in stages:

1. We prepare a justification (as a rule, the personnel management department or human resources is responsible for this stage) - documents confirming failure to complete the probationary period:
   • memos from the line manager about the employee’s improper performance of job duties;

   acts, reviews and characteristics from the manager, colleagues;

2. minutes of the decision-making commission meeting, etc.

Also, the employer must have written reports from the employee on the fact of completion of work and explanatory notes on the fact of non-fulfillment.

3. In case of violation of labor discipline, it is necessary to prepare acts indicating violations, as well as explanatory notes from the employee himself.
4. Warn the employee in writing about the upcoming dismissal, no later than three days before the date of its occurrence, sending him a notice of failure to complete the probationary period with reasons.
5. Obtain a signature from the employee on the received copy of the notice.
6. Issue an order to terminate the employment contract.
7. Make payments to the employee on the day of dismissal.
8. Make an entry in the work book and hand it over to the dismissed employee.

What entry about dismissal should be made in the work book?

The wording of the entry made in the work book upon dismissal based on failure to complete the probationary period is determined by the management of the enterprise. In this case, records in the labor record are made by employees of the HR department.

At the direction of the manager, personnel officers can enter into the employment record that the worker is resigning of his own free will. In this case, you must obtain a statement from the employee about his personal desire to resign. Wording of this nature will not have a negative impact on the citizen’s future employment. For an employee who has not passed the test, this will be the most profitable option for terminating the contract.

If the employer wants to dismiss an employee precisely because he did not pass the test, then it is necessary to refer to Article 71 of the Labor Code of the Russian Federation in the record.

The actual entry in the column for the reason for termination of the employment relationship may read as follows: “Dismissed due to failure to complete the probationary period/as a result of unsatisfactory performance results,” etc.

Example of a book entry:

Useful video

The possibility of abuse by managers at this stage is not excluded, but, most often, the purpose of the probationary period is precisely to check the employee and obtain a complete picture of the level of his professionalism and communication skills.

According to Russian judicial statistics at the moment, the vast majority of cases considered are decided in favor of dismissed employees, which suggests that employers, wittingly or unwittingly, continue to make mistakes when completing the dismissal procedure during the probationary period.

Dismissal during a probationary period: application form and example

• the employee must not be included in the category of persons from Article 70. Labor Code of the Russian Federation;
• the duration of the trial should not exceed the values ​​​​specified in the code - within 3 months in the general case, within 6 months for management positions, within 2 weeks for conscripts, if the agreement period is from 2 to 6 months;
• the presence of a trial must be present in the employment agreement; if this period is not specified in the contractual agreement, it is considered that it is not established for the employee.

In the line indicating the grounds for dismissal, Part 1 of Article 71 is inserted. The basis for the document is a notice sent to the employee, a clause in the employment agreement that specifies the establishment of a probationary period, and other documentation confirming failure to pass the test.