The trial period is used in many organizations as it helps to understand whether the person is suitable for a position and whether he will be able to perform work fully. At the same time dismissal on a trial period is admissible, and this procedure has nuances which for the worker and the administration.
Dismissal during a trial period
For a start we will begin with terminology, so, the trial period is understood as the period stated in the employment contract and coordinated with the worker. It is used in order that the employer understood whether the applicant conforms to requirements and what qualities it has. The worker can look narrowly at working conditions, the administration and collective. Test differs in nothing from usual work, only dismissal not of a past a trial period is carried out on the simplified scheme.
Reasons for leaving of the worker on a trial period
The administration can refuse cooperation, having good reasons. When the management makes the decision not to consider the requirement of the legislation, it increases risk to lose in court if the former worker addresses with the complaint there. The employer has to have real confirmations of validity of such decision. The most popular reasons for leaving of the worker not of a past trial period:
- badly copes with the duties;
- frequent truancies;
- does not follow the safety rule and labor discipline;
- spoils image of the company;
- behaves nonprofessionally.
Dismissal on a trial period at the initiative of the employer
It is important to carry out dismissal by rules as many cases when after employees filed a lawsuit the claim as they considered that there was no reason for termination of the contract on cooperation are known, and they were satisfied. As a result the enterprise paid compensations. There is a certain number of features which it should be taken into account if desired to terminate the contract with the person:
- Working off which lasts two weeks, is not provided. The labor relations have to be finished in three days.
- All provisions of the Labor code are equally authoritative both for state institutions, and for state of emergency.
- If dismissal in the period of a trial period of the person who disposed of material resources or worked with important documents is carried out, then the employer can develop the scheme of reception and transfer of affairs. It is important that it did not contradict the Labor code.
How to fire the employee not of a past a trial period?
To break off the relations it is correct, it is necessary to pass on three days before estimated date of calculation to it a warning in an application form. Dismissal in connection with not passing of a trial period means issue of the order where article explaining such decision has to be specified. The employer is recommended to prepare a package of documents which will prove that the employee was incompetent therefore it is recommended to fix all misses of the worker. Dismissal does not demand coordination with trade-union committee, and the severance pay in this case is not paid.
Whether it is possible to fire the pregnant woman on a trial period?
At first it is worth specifying that the woman in situation cannot be accepted for a trial period. It concerns also young mothers at whom the child is not more senior 1.5 years. If the fact of pregnancy becomes clear already during tests, then the employer after obtaining the confirming reference, has to transfer the woman to the constant place. Those whom interests whether can fire the pregnant woman on a trial period the answer negative as she can appeal to court and it is easy to be restored.
Dismissal on a trial period at the initiative of the worker
When the person wants to stop cooperation, he has to file to the employer a petition three days before dismissal and if he holds the leading post, then it is necessary to notify in a month. Finding out how to leave on a trial period, it is worth specifying that the application which can move personally or by mail is for this purpose written. The employee in most cases leans on such reasons for leaving:
- personal circumstances;
- obtaining more favorable offer;
- working conditions do not approach;
- understanding of a lack of qualification;
- there is no possibility of career development and others.
How to leave on a trial period without working off?
The person has to report to the management about desire to leave for what the statement in which the name of the document, these manuals and own is specified is written. Dismissal on a trial period takes place according to such scheme:
- Filing of application is made in human resources department. To provide the movement of the document, it is recommended to put the registration number on the copy of the application. Registration is carried out in the magazine of incoming documents.
- After that the document arrives to the head who has to put on it the visa. After that it pass again into human resources department where preparation of the order begins. On its basis the accounts department makes calculation in day of termination of the contract.
- If the person was not given documents in day of dismissal on a trial period, then the management sends it the notice that it is necessary to come and receive papers and the put means.
At a rupture of the labor relations on test the employee needs to work, but only three days which will begin in day of obtaining the notice from the administration. On a trial period it is possible to leave without working off if the employer makes the decision that in it there is no need. Besides, to leave, without fulfilling, it is possible if there was no notice of date of cancellation of the relations or if there is a good reason, for example, moving or transfer for study.
The sick-list on a trial period – whether can fire?
Many are concerned by this question at reception at work, but you should not worry in this case as, according to the legislation, the management has no right to expel the employee during test on an etiology as he can appeal to court. To report about the made decision it is admissible the next day after delivery of the sick note. In other cases the violation of functions and the application for the dismissal on a trial period submitted by the employee can be the cause of interruption of cooperation.