John Carmack how I wrote games. Lives of Remarkable People: John Carmack
When a new employee comes to work at a company, the administration can appoint a person to test his knowledge and skills. At the specified time, the responsible person monitors the execution of instructions and records both achievements and shortcomings in the work. If the administration realizes that the newcomer is not suitable for the position, it can fire him. But first he needs to give notice of failure to complete the probationary period.
The procedure for dismissal during a probationary period at the initiative of the employer is similar to a simple dismissal initiated by the administration of the company.
Here it is also very important to correctly draw up all the necessary supporting documents so that there are no problems with dismissal later, and when the case is transferred to court, it would be possible to prove that everything was done according to the law.
As a rule, dismissal as a result of failure to complete the probationary period occurs for one of the following reasons:
- Systematic violation of safety rules;
- Violation of the work schedule established by the company;
- Non-fulfillment or partial fulfillment by an employee of the duties assigned to him;
- Failure to comply with the standards or plans established for it;
- Unprofessional behavior of the employee;
- Other reasons that are specified in legislation or internal documents of the company.
Attention! When dismissing, the administrative documents must clearly state the reason for the dismissal, without using general phrases.
Sometimes employees, when they hear that they are going to be fired due to failure to pass the test, ask for dismissal during a probationary period at the initiative of the employee. In this case, a negative entry about non-compliance with work requirements will not be entered into their employment records.
What documents are required for dismissal at the initiative of the employer?
If an employee is assigned probation, then a special worker is assigned to him. His function is to monitor the execution of instructions given to the newcomer and document each stage in the form of documents. Such documents are very important, since they will serve as confirmation when an employee is dismissed.
The person appointed to monitor and record the results of the test must complete:
- Characteristics of the employee's work;
- Reports or office notes about the facts of passing the test;
- Memos from other employees with whom the newcomer works;
- Acts on marriage in production;
- Other supporting documents.
After reviewing all the documents drawn up, the head of the company must make a decision on the compliance or non-compliance of the accepted employee with his position. If a decision is made that a newcomer will be fired, the law requires that he be notified of such a decision at least 3 days before the date of termination of the contract.
The HR department issues the notice, after which it is handed to the employee. This document must be in written form. The form is drawn up in two copies, one of them is given to the person being dismissed, and on the second he must put a mark of receipt. If he refuses to sign the form, then you need to call at least two witnesses and draw up the appropriate act.
In addition, notification is allowed to be sent by postal service, by registered mail with notification. A copy with the employee’s mark must be kept in the archives for 75 years.
Attention! After the notice is served, the personnel department begins preparations. On the final working day, along with the payment, he must also be given his labor mandatory certificates etc.
Sample notification
Download – sample 2018 in Word format.
How to write a notice of failure to complete the probationary period
Notification of failure to complete the probationary period can be issued on the company’s letterhead or in free form.
In the upper part, you must put down information about the employee who is being fired - his full name. and position.
Then in the middle of the line you need to write the name of the document and its serial number. The city and date of registration are written below.
The text of the notification begins with a respectful address to him by name and patronymic. Next, you need to make a link to the article from the Labor Code that governs this dismissal, and inform that he has not completed the probationary period, and therefore the contract with him will be terminated. In this place it is recommended to enter the details of the prisoner and the employee.
Then it is necessary to justify in detail why it did not pass the test. In this place it is necessary not to indicate general phrases, but to list specific facts with the details of the document confirming this. If the employee drew up explanatory notes for some events, then they must also be included in the text of the notification.
After drawing up, the document is signed by the head of the company, indicating the position and his full name.
There must be a column on the document that informs that the employee has received his copy of the notice. In such a column he must put the date, his position, signature and its explanation.
Good afternoon Part 1 art. 71 of the Labor Code of the Russian Federation provides for the employer’s obligation to indicate in writing the reasons that served as the basis for recognizing the employee as having failed the test. In order for the reasons for dismissal to be motivated, the probationary period must be documented: functional responsibilities employee must be enshrined in the employment contract itself, or in job description. It is necessary to draw up work assignments during the probationary period, which the employee is familiar with against signature, a written report on the fulfillment or non-fulfillment of the work assignment. According to Art. 70 of the Labor Code of the Russian Federation, the purpose of the hiring test is to check the employee’s suitability for the work assigned to him. Dismissing employees without sufficient grounds is illegal. Even if the employee turns out to be a persistent absentee, it is undesirable to indicate only violation of labor discipline as a reason in the notice of dismissal (based on the test results). First of all, the test must show whether the employee is suitable for the position held. Therefore, it is not always lawful to admit that an employee has not passed the test due to periodic lateness to work or due to leaving the workplace. Therefore, in this situation, you can issue a reprimand or reprimand, but it is incorrect to fire. All violations of labor and production discipline must be documented and disciplinary sanctions imposed taking into account Article 193 of the Labor Code of the Russian Federation Article 193. Procedure for applying disciplinary sanctions Before applying a disciplinary sanction, the employer must request a written explanation from the employee. If after two working days the employee does not provide the specified explanation, then a corresponding act is drawn up. Failure by an employee to provide an explanation is not an obstacle to applying disciplinary action. applies no later than one month from the date of discovery of the misconduct, not counting the time of illness of the employee, his stay on vacation, as well as the time necessary to take into account the opinion of the representative body of employees. A disciplinary sanction cannot be applied later than six months from the date of commission of the offense, and based on the results of an audit, inspection of financial and economic activities or an audit - later than two years from the date of its commission. The specified time limits do not include the time of criminal proceedings. For each disciplinary offense, only one disciplinary sanction can be applied. The employer's order (instruction) to apply a disciplinary sanction is announced to the employee against signature within three working days from the date of its publication, not counting the time the employee is absent from work. If the employee refuses to familiarize himself with the specified order (instruction) against signature, then a corresponding act is drawn up.. The main thing is that these documents clearly reflect what specific task was given, what exactly the failure was, etc. It would be a good idea to attach to the document a task that was given to the employee and which he failed to complete. All this is needed in order to confirm the dismissal in the event that the employee is not suitable for you and you are planning to fire him. That is, you collect everything you can, for example, reports of poor quality work, explanatory notes the employee, his written reports on the work done, reports from the immediate supervisor about violations by the employee of labor and production discipline, job descriptions, etc. All these materials will indicate that the candidate did not pass the probationary period and was fired because he could not cope with the job.
People are often hired without recommendations and without checking the necessary professional skills. Therefore, in order to protect themselves from unscrupulous employees, employers check the job suitability of a new subordinate through a trial period. This is a wonderful opportunity for both parties to find out how expectations match reality.
Reasons for test failure
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 legal basis to terminate the contract without the employee’s consent.
Difficulties with new personnel may arise not only from the employees themselves, but also from their immediate supervisors. Sometimes a person does not complete the probationary period due to the incompetence or bad attitude (personal hostility) of the manager. Therefore, it is necessary to consider the dilemma with new personnel not only when selecting personnel, but also when adapting them to the team.
At the same time, cases of subordinates’ disagreement to leave work “due to at will" In such cases, you have to resort to dismissal under the article.
Why is a trial period needed?
The probationary period is a test of the professional qualifications of a given employee for the assigned position. If a new employee has not been told about his immediate specific work obligations, then it is impossible to verify his suitability for the position held. In this case, the dismissal will be groundless, groundless and illegal.
When to remove an unsuitable employee from a position
A contract with a worker can be terminated at any time: both at the beginning and at the end of the probationary period. As soon as his incompetence is visible. And the employer’s inaction after the completion of the trial period will automatically confirm the employee’s successful completion of the test. Therefore, the worker cannot be dismissed after the end of the trial as having failed to complete the probationary period.
If he was absent from work due to illness, leave without pay, study leave, suspension from work, then the test is extended for the corresponding number of days of incapacity. Downtime at work due to the employer's fault is also not included in the probationary period. And business trips and business trips (Part 1 of Article 166 of the Labor Code of the Russian Federation) are counted towards the test.
Unlawful dismissal during a probationary inspection is considered:
- if neither party terminated the contract after completion of the test;
- if before the end of the inspection the employee was transferred to a higher position.
How to fire someone who has not passed the probationary period
- Double-check the presence of a probation clause in the employment agreement. It is possible to dismiss someone who has not passed the probationary period due to a negative work result only if he has been given a test (Part 2 of Article 70 of the Labor Code of the Russian Federation). If the probation clause is not noted in the contract, then the worker is hired without one.
- Find out whether the assigned work was clearly reflected in the contract and job description. According to Part 3 of Art. 68 of the Labor Code of the Russian Federation, it is necessary to familiarize the employee with personal job responsibilities against signature before signing labor agreement. And it is advisable that he receive his copy. This must be confirmed by a signature on the employer’s copy.
- Check for the presence of a condition about a probationary period in the order for hiring a new recruit. He must be familiarized with it under his own signature.
- Check whether this employee belongs to a group of people to whom, according to the law, a probationary period cannot be assigned. According to parts 4 and 5 of Art. 70 of the Labor Code of the Russian Federation, the trial period cannot exceed three months. And it cannot be assigned:
- persons who have signed an employment contract for a period of up to two months;
- persons who arrived for work following a competitive selection carried out in accordance with the procedure established by law;
- to persons who have graduated educational institution no more than one year ago and for the first time enrolled in a job according to their specialty;
- persons who came to a position by transfer from another employer, and this issue has been agreed upon between the companies;
- pregnant women under age and women with children under 1.5 years of age;
- persons under 18 years of age;
- to other persons in the options provided for by laws and collective agreement.
What documents to prepare for the dismissal of someone who has not completed the probationary period?
The dismissal of an employee who has not passed the qualification test must be documented. Let us name the materials confirming the professional insolvency of an employee:
- acts on poor quality performance of qualifying direct duties;
- reports, reviews, characteristics, conclusions of a specific employee’s supervisor about his professional unsuitability;
- acts on the production of defective products;
- control logs on passing the test inspection;
- personal written reports from the employee on completed assignments and detailed description reasons for failure to complete 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.
Sequence of termination of an employment contract
- 1. Before the dismissal procedure, the worker must receive notice of failure to complete the probationary period. Here is a sample of it.
The notice is sent by mail confirming the grounds according to which the employee had to be dismissed as having failed to complete the probationary period. Having read it, he must put a signature on the employer’s copy indicating receipt of the notice. If the worker does not want to sign, a corresponding act should be drawn up with the signatures of two eyewitnesses.
- 2. Publish administrative document on termination of an employment contract on the basis of Art. 71 Labor Code of the Russian Federation.
- 3. Make a cash settlement with the employee on a general basis.
- 4. On the day of dismissal, give back to the failed employee, against signature, a work book with a note about dismissal under Part 1 of Art. 71 Labor Code of the Russian Federation. If the worker is absent from work on the day of payment, he must be informed by mail so that he does not forget to pick up the work book.
Undesirable consequence
Dismissal as someone who has not completed the probationary period must be carried out in accordance with the law. Because a dissatisfied employee suspended from work has the opportunity to appeal this in court.
If the employer is not completely convinced of the sufficiency of evidence that will confirm the negative outcome of the test, it is better to choose a different course of action. Eg:
- terminate the contract due to repeated non-performance job responsibilities(clause 5, part 1, article 81 of the Labor Code of the Russian Federation);
- dismiss by agreement of the parties (Article 78 of the Labor Code of the Russian Federation).
- Compatibility of Taurus man and Scorpio woman: horoscope
- How to remove damage from your husband and love spell yourself How to remove it from your husband
- Sagittarius and Pisces: compatibility in love relationships Are marriages of Sagittarius and Pisces compatible?
- Aries woman, Scorpio man – compatibility