Dismissal at your own request during a probationary period. Dismissal during a probationary period: application form and example

To check the employee’s compliance with the work assigned to him in employment contract a condition may be included probationary period. We talked in ours about what maximum duration There may be a probationary period, as well as categories of persons who cannot be placed on probation.

Successful completion testing does not require any documentation. The employee simply continues to work in the position for which he was hired. Can they be fired during a probationary period?

An unsatisfactory test result gives the employer the right to dismiss the employee “under the article”. However, an employee can resign during the probationary period on his own initiative. Dismissal during the probationary period at the initiative of any party labor relations has its own characteristics. We will talk about them in this material.

Dismissal during a probationary period at the initiative of the employer

If the test results were found unsatisfactory, the employer can terminate the employment contract with the employee without taking into account the opinion of the trade union (if it was created) and without paying severance pay (Part 2 of Article 71 of the Labor Code of the Russian Federation). How to fire an employee during a probationary period? The main thing here is to follow a certain procedure.

The employment contract with an unsuitable employee must be terminated before the expiration of the probationary period. In this case, no later than 3 days before dismissal, the employer must warn the employee in writing about the upcoming termination of the contract. We gave an example of notifying an employee of dismissal. The notice of dismissal of an employee on probation must indicate the reasons why the employee was found to have failed the test. We talked about the criteria that an employer uses when making a decision about the results of an employee’s test in a separate article.

Based on the employer’s decision to dismiss the employee, a dismissal order is issued, which the employee must sign. On the day of termination of the employment contract, the employer is obliged to give the employee work book, other documents related to the work, as well as make final payments (including pay compensation for unused vacation) (Part 1, 4 Article 84.1 of the Labor Code of the Russian Federation).

How to make an entry in the work book about the dismissal of an employee during a probationary period? There is a special article for dismissal during a probationary period of the Labor Code of the Russian Federation. This is part 1 of article 71 of the Labor Code of the Russian Federation. That is, in the work book you need not only to provide a link to this article, but also to decipher that the dismissal is made due to failure to complete the probationary period (Part 5 of Article 84.1 of the Labor Code of the Russian Federation). The wording in the work book will look like this (clauses 15, 18 of the Rules, approved by Government Resolution No. 225 of April 16, 2003):

“The employment contract was terminated due to unsatisfactory test results, part one of Article 71 of the Labor Code Russian Federation»

The employer’s decision to dismiss an employee due to an unsatisfactory test result can be appealed by such employee to the court (Part 1 of Article 71 of the Labor Code of the Russian Federation).

Dismissal during a probationary period at the initiative of the employee

Is dismissal allowed? at will on probation? 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 due to 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 probationary period an employee realizes that the job is not suitable for him, he contacts the employer with a statement free form, 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 in advance, but only 3 weeks in advance. 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 minimum period, which employee in mandatory should 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.

Regardless of whether the employee resigns during the probationary period or at any other time, a single entry is made in the work book. If you are dismissed on your own during the probationary period, you must write it down in your labor record (Clause 3, Part 1, Article 77, Part 5, Article 84.1, Clauses 14, 15 of the Rules, approved by Government Resolution No. 225 of April 16, 2003, clause 5.2 of the Instructions, approved by Resolution of the Ministry of Labor dated October 10, 2003 No. 69):

“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. But here it is important for the employer to take into account compliance with deadlines and possible risks. After all, for example, such an employee may withdraw an employee’s application for resignation at his own request, and the employer may no longer have time left to comply with the dismissal procedure under Part 1 of Art. 71 Labor Code of the Russian Federation.

It is also important to remember that an employer cannot dismiss an employee undergoing testing if such an employee is on sick leave or on vacation (Part 6 of Article 81 of the Labor Code of the Russian Federation). But on his own initiative, an employee can quit during these periods.

Currently, the overwhelming number of companies prefer to set a probationary period for newly arrived workers. Using a similar method, the candidate is checked for compliance with the proposed labor responsibilities. Often a vacant position does not satisfy the future employee due to its specificity labor process, inability to find consensus with colleagues or for other motives and reasons. Therefore, it is necessary to clearly understand how the dismissal procedure proceeds if an employee expresses a desire to leave the enterprise or organization on his own initiative, but.

The period of appointment of a probationary period is regulated by the Labor Code. The number of days is assigned in strict accordance with current legislation:

• 2 weeks— for citizens who have signed a fixed-term employment contract, which is concluded for a period of more than 6 months;
• 3 months– for citizens employed according to general principles;
• 6 months– the period provided for the management team.

The procedure for dismissing an employee at his own request while on a probationary period is fixed by the norms reflected in Art. 71 Labor Code of the Russian Federation. Before making such a decision, a citizen is obliged to notify the manager in writing.

Dismissal at the initiative of the employer of an employee during a probationary period

If the boss is not satisfied with the candidate or the candidate does not show the necessary abilities and the necessary zeal in work, he is relieved of his position at the initiative of the employer before the end of the probationary period. In this case, termination occurs, but the employee is warned about this in 3 days with a detailed indication of the reasons why such a decision was made. Notification is sent to writing.

In case of disagreement, such a decision can be appealed in court. In this case, the opinion of the trade union is not taken into account and no payment is made. Money, components severance pay.

Dismissal on the initiative of an employee undergoing a probationary period

If a citizen continues to work after the end of the probationary period, it means that he is a candidate who has passed the test and it is possible to dismiss him only by common grounds. If, during the test, the employee realizes that he does not meet the requirements for this position, then he has the right to terminate his employment. contract of employment and resign of your own free will, in advance by notifying the employer of this choice 3 days in advance.

There are several ways to officially notify your employer:

• deliver the notice in person;
• send the document by mail.

In the application it is enough to write the exact date and put your signature under the document. The day of dismissal is considered the last working day.

The procedure for dismissal on your own initiative

If a citizen has a desire to resign on his own during the probationary period, he must notify management about this within three days. This procedure is regulated by Art. 280 Labor Code of the Russian Federation. If the manager expresses such a desire, then he must warn the company’s senior management about this. 1 month before the scheduled date.

Next, the employee sends an application to the company’s HR department, and it is necessary to make sure that it has been officially registered. For these purposes, you should obtain a copy of the application with the registration number. This will ensure that the procedure is followed correctly. After this, it is enough to work the required 3 days and you can leave the organization, not forgetting to pick up your work book and pay in full to the accounting department.

Service period upon dismissal

After submitting an application, when an employee completes a probationary period, it is mandatory to work for the organization for 3 days. The start date of work upon voluntary dismissal should be counted from the date of registration of the application.

Information! If the employer demands to work 2 weeks rather than 3 days, the employee has the right to disagree with his demand, since it is contrary to the law.

The employee has the opportunity to resign and completely avoid the mandatory three-day work period. To do this, it is enough to enlist the support of a manager or simply, where every day will be counted towards days worked. The main thing is to notify the employer on time within the period established by law, then no problems with dismissal will arise.

Sample application

To begin the dismissal procedure, you must notify management by submitting an application. There is no specific form for such actions, but when drawing up an application, you must indicate: Full name of the employee in whose name the application is written. At the end, indicate your initials and position. You can also write the reason decision taken– moving or caring for a seriously ill relative, but specifying the exact reason is not mandatory.

An example of a letter of resignation of one's own free will during the probationary period:

Chairman of Omega LLC N.Yu. Ivanchenko

from economist A.N. Pestova

STATEMENT

11/15/2019 ____________ A.N. Pestov

Calculation procedure for voluntary dismissal

After the dismissal order is issued, the final payment is made to the employee of the enterprise. On the day of dismissal, the citizen is given payment statement and money due to him. On this day, the citizen is given a work book.

It should not be forgotten that before the end of the three-day work period or before the expiration trial period the employee can withdraw the application and continue working. To do this, you need to submit an application and officially register it.

If you want to resign of your own free will, take into account some nuances:

1. The calculation must take into account all monetary payments due to the employee.
2. Day final settlement– last working day.
3. Management has no right to insist on disclosing the true reasons that prompted a citizen to make such a decision.
4. If a probationary period is provided for when applying for a job, then it is included in the official seniority, there should be about this.

Video on the topic

With a newer device workplace be sure to find out whether you need to undergo a probationary period in order to protect yourself in the future and competently defend your labor rights, guaranteed by law RF.

You are being blatantly deceived. I think you simply have to put the insolent employer in his place. To make it more discouraging. Because they cheat really brazenly... You have every right quit (stop working) with only 3 days notice. You are not required to explain the reason (it does not have to be valid). After this (but not earlier!) you may not go to work (stop working), and this will not be a violation on your part.

However, count 3 days correctly - let’s say, today at any time (morning, afternoon, evening) you submitted an application to the secretary, tomorrow, the day after tomorrow and the day after tomorrow you worked. Those. today does not count. Moreover, the day after tomorrow is the last day of work - on this day they must settle accounts with you (pay everything) and issue (return) you a work book. If later, there will be a violation on their part (subject to your presence at work on this last day)…

A copy of the application must be signed by the company's personnel officer, or a secretary will do - this is proof of the notification. It is ideal to notify by urgent telegram to the company’s legal address (legal address see here: http://egrul.nalog.ru/), but this is not cheap...

It happens that during the internship, a candidate for vacant position wished to leave his place of work. But not everyone knows how to carry out this process correctly. To consider the procedure for voluntary dismissal during the testing period and learn how to draw up an application, please refer to the contents of the article.

The procedure for dismissal during a probationary period at one’s own request according to the law

The provisions of the Labor Code regulate all aspects of labor relations. According to the law, resigning during the testing period can be done both at the initiative of the employee and the employer. If the trainee wishes to leave the place of work, the procedure for leaving work is as follows:

• A mandatory condition is to notify management 3 days before the expected departure;
• Required to compose written statement. It is not necessary to provide reasons. They can be submitted only if there are compelling reasons and due to the inability to work the remaining time;
• The employer must provide the trainee with wages, compensation and severance pay (if provided for by the internal labor regulations);
• The last step is to draw up an order to dismiss the employee.

How to resign during a probationary period of your own free will?

Each of us has faced a period of checks at a new workplace. This time is given to the candidate for the position and the employer to evaluate all the advantages and disadvantages of the parties. If a worker wishes to leave the organization, he should know how to properly resign during a probationary period of his own free will.

First, the employee must remember that the law provides for the opportunity to leave the place of work. All rights and benefits of an intern are guaranteed by the Labor Code. To resign during the probationary period, you must go through standard procedure. The algorithm of actions is presented above.

• The conditions for dismissal during the probationary period at one's own request are as follows:
• A respectful reason ( family circumstances, health problems);
• Not suitable conditions labor in a new place;
• Difficulties in completing assigned tasks;
• No career growth is expected;
• The emergence of other proposals to continue working.

Application for voluntary dismissal during a probationary period - sample 2018

If you wish to leave an organization that is not suitable for you during the inspection period, you must draw up and send an appeal to the manager. In order to correctly write a letter of resignation at your own request during the probationary period, you need to consider its structure.

• • First of all, you must indicate the name of the enterprise, the surname and initials of the manager;
  • Provide your personal information;
  • The body of the letter states your desire to leave the organization. You should only indicate the reason if you do not want to exempt yourself from detention;
  • Add date and signature with transcript.

Calculation upon dismissal of one's own free will during the probationary period

A prerequisite after the dismissal of an employee is the payment of funds due to him. During the probationary period, the trainee will be paid for the days of his stay in the organization after leaving. Payments must be made on the day of termination of employment or the next day after notification.

Upon dismissal, an employee is expected to be paid:

• • • Wages for days worked;
    • Severance pay or other payments, if provided for by agreement of the parties.

Work off upon dismissal during a probationary period at the initiative of the employee

If you leave during the probationary period, the employer may require time off. The working period according to the law is 14 days. If an employee leaves work of his own free will during the inspection period, the situation looks different. When leaving the internship place, the number of days worked is 3.

Processing is not required if:

• • • The employer agreed to dismiss the employee on the day the application was submitted;
    • The letter does not indicate the date of dismissal;
    • There is a serious reason for this decision.

Dismissal on the last day of the probationary period at your own request can be carried out without working off. If the next day the worker continued labor activity, then he is considered employed. This means that subsequently, when leaving his place of work, he will have to work for 2 weeks.

Dismissal at will when the probationary period has not expired

Dismissal at the request of the employee when the test period has not expired can be carried out if you follow established by law rules. Get to know all the details this process higher possible.

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They always provide for the possibility of terminating the contract in unilaterally by the employee himself when performing certain conditions. This is also possible during the probationary period.

Legal basis

Every day, more and more often, various employers are becoming the initiators of concluding employment contracts, on the basis of which the employee is required to undergo a probationary period.

Only after this 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 this type is beneficial to the employee himself. Since it allows for maximum short time terminate the contract.

In this case, you will not need to work for the whole 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 a contract of this type:

• minors;
• working in an elected position;
• 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 1.5 years of age.

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 a contract 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 does not even need to be indicated in the resignation letter; it will be enough to simply write “at your own request.”

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 his employee. But at the same time he must have quite serious reasons for this.

IN otherwise similar solution may be challenged in court and you will have to pay a fairly serious fine.

Grounds for dismissal during a probationary period may be:

• absenteeism;
• unprofessional behavior;
• non-compliance with labor discipline.

In this case, it is necessary to have documentary evidence the points indicated above. The situation is similar with failure to complete the probationary period. The employer is obliged to prove the incompetence of his employee and the inadequacy of the position held.

Application for voluntary dismissal during a probationary period

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

It is important to remember that there is no single format for the type of document in question. It is important to know that you need to follow some filling rules.

The application may be:

• written by hand or printed on a printer;
• sent to electronic format, while being supplied electronic signature– the current moment is indicated in Federal law from 04/06/11

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

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

• full name of the organization - indicates the form of ownership;
• last name, first name and patronymic of the manager - in the dative case;
• last name, first name and patronymic of the applicant.

When writing the applicant’s details, it is advisable not to use the preposition “from”. But if it is still present, it will not be considered an error.

After the header you should write the word “statement”, without putting a period at the end. The body of the document itself must contain a request for removal from the position.

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

You just need to remember that the last day of work at the enterprise cannot be a day off or a holiday. Since this is contrary to current legislation.

It is best to draw up an application of the type in question in two copies at once. The first one is handed over to the HR department, and the second employee should be kept for himself.

In this case, both must have a signature with full transcript, as well as the date of acceptance into the HR department - endorsement. This is required in case of simplification of the resolution of any controversial issues between an employee and his employer.

Order

To resign of your own free will, simply write a statement in the prescribed format. The employee is not required to perform any other actions.

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

There is no need to indicate a reason - but not in the case of dismissal without service. IN similar situation The reason must be included in the application.

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

Its format was approved by a resolution of the State Statistics Committee dated January 5, 2004. In the order itself, it is necessary to refer to the Labor Code of the Russian Federation - it is this that regulates the procedure for dismissal during the probationary period.

Also, the special order must indicate detailed details of the employee’s application. When the order is ready, the employee must be familiarized with it - under his own signature.

If for some reason this cannot be done, then the HR department employee will make a corresponding inscription on the order itself.

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

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

Is it necessary to work out

The Labor Code of the Russian Federation defines the employee’s right to terminate a previously concluded contract. But 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 specified in the Labor Code of the Russian Federation and Federal legislation.

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

This provision 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.

Based on Part 1 of Article No. 71 of the Labor Code of the Russian Federation, if an employee decides to terminate the employment contract with his employer, then exactly 3 days later 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. A final settlement must also be made.

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

But at the same time, the law does not require that the employee 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.

Is it possible to withdraw an application?

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

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

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

The format of the document representing the revocation of the application has also not been approved. It must be formalized in writing.