Dismissal during a probationary period at the initiative of the employee: a sample application of one’s own free will, whether 2 weeks of work are needed or can be worked for 3 calendar days, and also how much work is required

Do I need to work 2 weeks?

According to Art. 70 of the Labor Code of the Russian Federation, the permissible duration of the probationary period is up to 3 months. The exceptions are the head of the organization, the chief accountant, their deputies, and heads of individual structures - for them it is possible to increase the period to six months. For persons working under a fixed-term contract for a period of 2–6 months, tests last up to 2 weeks.

Both parties have the right to terminate the employment relationship during this period, which is regulated by Art. 71 Labor Code of the Russian Federation. That is, dismissal during the probationary period is carried out according to:

employee decision;
initiative of the employer.

It is possible to reach a compromise between the parties by formalizing an agreement.

If an employee resigns voluntarily, you need to notify the employer in advance and know how many days you need to work upon dismissal. However, the period of work at the end of the contract during the probationary period is reduced compared to the standard one.

Is it necessary if I resign of my own free will?

If the trainee considers the job or its conditions unsuitable for him, he has the right to quit at any time, informing the manager in writing 3 days in advance (Article 71 of the Labor Code). This period also includes weekends.

The working period for the standard termination of employment is 2 weeks; during the probationary period it is reduced to 3 days.

Termination of the contract during the testing period, at the request of the employee, is carried out in several stages:

Submitting a corresponding application to the employer in person or by mail.
Work within 3 days or its absence for good reasons, by agreement with the manager.
Drawing up a dismissal order and familiarizing the employee with it.
Issuance of a work book and other working documentation to the employee (upon request).
Carrying out calculations and calculating payments.

The working period begins on the next day after the application is submitted and registered. A standard note about voluntary dismissal is entered into the work book. The legislation allows the use of such wording even if the employee fails the test (instead of a mark of unsuitability).

On the initiative of the authorities

Dismissal of an employee during a check of his professional qualities is permitted subject to compliance with the mandatory requirements:

The employee must be informed about the termination of the employment relationship at least 3 days in advance.
The leader identifies the reasons behind his decision. These include:
- disciplinary actions;
lack of qualifications and so on.

The employee must provide an explanation for his actions.

The employee has the right to appeal the manager’s decision in court, so the employer will need to confirm all evidence of unprofessionalism and violations.

The dismissal procedure then includes:

3-day work.
Making an order.
Payment of funds (including for unpaid vacation).
Issuance of a work book. It contains a record of failure to complete the probationary period with reference to Art. 71 TK.

The employee must confirm in writing that he has read the documentation. Since the employee did not pass the test, severance pay is not accrued to him. It is possible to terminate the employment relationship without working off, by agreement between the parties.

An employer does not have the right to fire a person on a probationary period if he is on sick leave. This is permissible only by voluntary decision of the employee. And about dismissal after the probationary period is described here.

also not allowed to terminate a contract with a pregnant woman. According to the law, a probationary period is not applicable to her at all, but it happens that an employee finds herself in this situation already during the inspection period - then the employer does not have the right to fire her. A woman can leave work only of her own free will.

How to quit during a probationary period without working out

It is possible to resign without serving a probationary period. Some categories of working citizens have this privilege, in particular:

persons of retirement age;
women expecting the birth of a child;
mothers and persons who have adopted one or more children under the age of 14 years.

In addition, citizens who do not belong to the above categories can also resign in one day if certain life circumstances occur:

admission to study at a higher education institution or other educational institution (in the areas of bachelor's or master's training) in the full-time education department;
violation by the employee of the Labor Code rules or local labor or collective contracts;
moving to another area to a new place of residence for work or for health reasons;
working emigration of a spouse for employment abroad;
obligations to care for an incapacitated family member, a child with a disability, or a child whose age does not exceed 14 years.

If the employee intending to leave the company does not belong to one of the categories of citizens mentioned above, he can still try to reach a direct agreement with the employer about leaving without working. If the parties manage to reach an agreement, the fact of dismissal without work must be documented and attached to the employment contract.

Article 71 of the Labor Code of the Russian Federation states that the period of service upon dismissal during a probationary period can be changed by an employment or collective agreement in force at a particular enterprise. It is impossible to increase this period in this way, but it is quite possible to reduce it or even eliminate it altogether.

Another way to quit without working is discussed in the article above. It is enough to simply submit a letter of resignation on the eve of long holidays, then all days of work will be spent at holiday feasts, and not at the workplace.

Video: dismissal without work

Working on a probationary period gives the company and the candidate one strong advantage, which is that the employment contract can be terminated under simplified (compared to standard) conditions. In particular, the working period can be significantly shortened, which will help both parties not to waste time, but to quickly begin searching for a new ideal candidate and a new dream job. Knowing this fact allows you not to be afraid to find employment under a contract with a probationary period, and also to make the most of the opportunities provided by the Labor Code of the Russian Federation.

Vitaly Sazonov

Lawyer, author of articles on legal topics. Education: state educational institution of higher professional education "Moscow State Open University".

How can you terminate an employment contract during an internship in one day?

In some cases, a trainee may be able to avoid the statutory period for completion of employment. To answer the question - can you quit without working for two weeks, you need to know that there must be good reasons for this, which he can document:

Relocation of the wife/husband to work in another region or country.
Guardianship of a disabled relative who requires care.
Staying on sick leave.
Full-time education at an educational institution.
Retirement.
Conscription into the army.
Violation by the employer of the terms of the contract or labor legislation.

An employee has the right to resign without working through a personal agreement with the manager, which must be documented (in a statement, additional agreement). He can justify his desire with other reasons.

When can you quit during a probationary period?

The boss may oblige the employee to work for several days before resigning. The legislation of the Russian Federation provides for situations when it is possible to leave a place of work without working off. This can be done in cases:

The husband or wife must go to work in another region or even another country;
The employee has a dependent disabled relative who requires constant care;
An illness that makes working in the future problematic;
Work makes it difficult to study at university;
When a woman is pregnant or has a child under 14 years old, a large family;
Before retirement;
We managed to come to an agreement with the employer.

If the manager initiated the dismissal, you can also agree to cancel the revision.

Statement

There are no legal requirements for filling out a resignation letter; any form of resignation is acceptable. The document contains information:

Business name.
Full name of the manager or other authorized person.
Full name and position of the applicant.
Statement of the request to dismiss at one's own request.
Next, the date of termination of the contract is indicated, which is calculated from the next day after writing and registering the application by adding 3 days. For example, an application is submitted on Monday, March 1, and the dismissal date will be March 4, Thursday. On March 5, the employee may not go to work.
Indication of good reasons for resigning early.
Date of completion and signature of the employee.

If there will be no work or an agreement with the employer is planned, the date of dismissal may not be included in the application. Only the day the paper was filled out is indicated.

Sometimes organizations have their own forms, so it is recommended to contact the HR department before filling out the document. The application must be submitted no later than 3 days before the date of dismissal.

Can an employee be fired without his or her desire?

The labor legislation of the Russian Federation gives the employer permission to check the professional qualities of an employee upon admission to the organization. In this case, the manager has the right to dismiss a person without his desire while he is on a probationary period, having notified him in advance and indicating the grounds for his decision. The employer must meet two conditions:

confirm why he considers the test results to be unsatisfactory;
give the employee three days' notice.

An employee can also be dismissed for other reasons specified in Art. 81 Labor Code of the Russian Federation:

personnel reduction;
liquidation of the company;
disciplinary offenses (they must be recorded in a special act, in the presence of witnesses);
changes in the terms of the contract and the employee’s disagreement with them;
relocation of the company to another region, refusal of the employee to move.

In these cases, the general rules apply, even though the employee is on a probationary period.

They cannot terminate a contract against their will with persons on sick leave before its closure and with pregnant women.

How to avoid detention?

A citizen who resigns during a probationary period can avoid service by personal agreement with the employer. It is advisable to propose such an agreement if the manager does not have clearly substantiated reasons for terminating the contract. In this case, there is a high probability that the director will agree, since the employee’s voluntary consent to leave will be documented. If legal proceedings arise regarding the illegality of dismissal, this agreement will work in favor of the defendant (company).
It is possible to avoid working time by taking out sick leave. Sick days are counted in a three-day period. There is no need to work after the sheet is closed; the employee is considered dismissed.
If an employee has valid reasons for dismissal, you need to talk about them. For example, he urgently goes into the army, although he had no intention of getting a job, or undergoes treatment that cannot be postponed, and does not want to take out sick leave.

In the absence of legal grounds and the consent of the employer, the employee will still have to be released from work before the three-day period. Otherwise, the company may file a disciplinary violation and dismiss the employee under the article, and not at his own request. This is disadvantageous for the employee, since it will negatively affect his future career.

Dismissal of an employee during a probationary period is considered a simplified procedure, but has its own characteristics. One party must notify the other of termination of the contract at least 3 days in advance. In this case, the employer is obliged to indicate the grounds for his decision . The working period is shortened in comparison with the standard dismissal procedure: it is not 2 weeks, but only 3 days.

When processing is not needed

Before determining the duration of the contract termination procedure, you should figure out whether a specific person needs to work out, based on specific circumstances. In some cases, it is impossible to reduce the working time. This happens when:

The administration does not consider it necessary to retain the employee and is able to resolve the personnel issue immediately by hiring a new person without organizing the transfer of cases.
The employer made errors in the execution of the written notice - the date of the expected termination of the contract was not indicated.
A hired specialist reaches retirement age.
Persons moving to another area without the opportunity to perform work duties.
Future students of educational institutions accepted for full-time study.

The use of work during the probationary period has a lot of nuances, failure of which on the part of the employer threatens a lot of troubles, with courts and inspections, if the dismissed person decides to contact the appropriate structures to challenge the decision of management. For this reason, many employers prefer to dismiss personnel “at their own request,” eliminating the risk of invalidation of dismissal with shortened hours.

What package of documents is issued upon dismissal?
Art. 77, 80 Labor Code of the Russian Federation: grounds for dismissal of an employee
Illegal dismissal of an employee: rights and responsibilities