Dismissal at the initiative of the employee on probation. Dismissal at the initiative of the employer during the probationary period. Dismissal on probation. Expulsion of a trainee as not having passed the probationary period

Dismissal is possible both at the initiative of the employer and at the initiative of the employee.

The employer has the right to establish a probationary period for the applicant when hiring. The provision on the presence of a test must be indicated in the employment contract.
The probationary period cannot exceed 3 months, and for some categories of employees - 6 months.

The probationary period is set so that both the employee and the employer "take a closer look" at each other. The employer must assess the level of professionalism of the applicant, and the employee must understand the specifics of the work.

During the probationary period, the employee may understand that this work doesn't suit him. He can resign by writing an application for own will 3 calendar days before the date of dismissal. If the parties agree among themselves, then you can quit the next day.

The employer has no right to prevent the dismissal of an employee for probationary period. The application is written in accordance with the rules of the Labor Code of the Russian Federation. The employer must pay the resigning employee wages and compensation for several days of unused vacation. If labor or collective agreement provided severance pay, then the employer must pay it.

If the employee has not passed the test, the employer has the right to terminate the employment contract with him on this basis. This is stated in Art. 71 of the Labor Code of the Russian Federation. Dismissal at the initiative of the employer during the probationary period must be properly executed. Otherwise, the employee can challenge such a dismissal in court, reinstate at work, demand compensation from the employer for forced absenteeism, as well as moral and material damage.

If the employee has not passed the probationary period. Then the employer can dismiss him at any time, warning him 3 calendar days in advance. Unsatisfactory test results should be documented accordingly.

The employer must draw up an act that will describe the violations that the employee made during the probationary period. The employee must familiarize himself with these results against signature.

Notice must be given in writing. It must indicate the reasons for dismissal during the probationary period at the initiative of the employer.

The employer is not required to notify the trade union body or to pay such employee a severance pay. There are no direct instructions for this in the Labor Code of the Russian Federation.

In addition to negative test results, any of the grounds specified in Art. 81 of the Labor Code of the Russian Federation.

The trial period starts from the first working day. In accordance with Art. 68 of the Labor Code of the Russian Federation, the employer is obliged to familiarize the employee against signature with the internal regulations and labor discipline.
Violation of these rules, as well as discipline, is a valid reason for termination labor relations during the trial period.

In addition to violations of discipline, the employer can dismiss the employee on probation:

• in case of downsizing;
• upon liquidation of the enterprise;
• when transferring this employee to another employer by agreement between these employers;
• when the owner of the enterprise changes and the employee refuses to work with this owner;
• if the employee refuses to move to another area with the employer;
• employee's refusal to continue labor activity if the employer has changed the terms of the employment contract unilaterally in accordance with the Labor Code of the Russian Federation;
• other grounds listed in Art. 81 of the Labor Code of the Russian Federation.

Any violation must be properly documented:

• it must be recorded in the presence of several witnesses;
• the guilt of this particular employee must be proven;
• the employer must demand written explanations from the employee;
• an act must be drawn up and a dismissal order issued;
• the employee must familiarize himself with the order;
• the employer is obliged to make all payments to the employee, which are provided for by the Labor Code of the Russian Federation.

This dismissal procedure also applies to employees who are on probation.

An employment contract concluded with an employee may contain a condition on a probationary period. Such a clause of the contract is included by the employer only with the consent of the employee himself. A probationary period when hiring gives both parties the opportunity to study each other, and if something does not suit them during the employment relationship, leave according to a simplified procedure.

The basic norms that determine the probationary period and its duration are enshrined in the Labor Code of the Russian Federation. According to them, the test can be set from two weeks to three months.

Management positions, which include the director, his deputy, Chief Accountant etc., it is possible to establish this period for up to six months.

For employees of state bodies and municipalities, in accordance with regulatory enactments, the duration of the probation may be one year.

When drawing up a contract lasting up to six months or for temporary work, the trial period is fourteen days, and for a contract with a validity period of up to 2 months, it should be absent altogether.

Important! The legislation prohibits stipulating in labor contracts a probationary condition for employees under the age of 18, pregnant women, employees with young children who have just graduated educational institutions specialists admitted by competition or in the order of election to people, as well as employees entering the company on a preliminary offer by transfer from another company.

Dismissal on probation at the initiative of the employer

During the probationary period, a new employee is monitored, all his work results are recorded in special reports, on the basis of which a decision is subsequently made on professional suitability to this position.

If during the implementation job duties the subject makes many mistakes, does not fulfill the set plans, etc., the responsible employee draws up official and service notes, acts of offenses and cullings.

Attention! The dismissal of an employee who has not passed the probationary period must be documented, otherwise the dismissed employee will be able to restore his job through the court, and the termination of the contract will be declared invalid.

In this regard, when hiring, it is necessary for a new employee to hand over his job description, in which it is desirable to describe in detail all his rights and obligations, as well as familiarize him with internal local acts at the enterprise.

According to current legislation, the management of the company has the right to dismiss this employee, warning him in writing three days before the expected date of termination of the contract. The administration of the economic entity may terminate the contract without waiting for the expiration of the term. But she still has to comply correctly with the notice within a three-day period.

The employee must sign the notification, otherwise the company's management draws up an act of refusal in the presence of the commission.

Leaving employees can try to negotiate with their supervisor so that the dismissal occurs in the usual manner, and not as a failed test, as this record creates a not very favorable opinion of the employee from the future bosses.

Dismissal on probation at the initiative of the employee

The probationary period also provides an opportunity for an employee to take a closer look at his manager, place of work, conditions, functions, team, etc.

If something does not suit him, then this person has the right to issue a dismissal of his own free will during a trial period in a simplified manner. It lies in the fact that, unlike the usual termination of the contract, here he needs to warn the management of his intention three days in advance.

Also, the employee may not wait for the end of the probationary period, and apply ahead of schedule, while only necessarily observing the notification period.

The employee must understand that if he submits after the end of the probationary period, then the termination will occur in the usual manner, providing for working out within fourteen days. Further, the dismissal procedure occurs by analogy with a simple one.

Instructions for dismissal

Registration of supporting documents

This is the most milestone upon dismissal of those who did not pass the test. This step must be documented, since it is impossible to dismiss the wording "poorly worked." Everything must be documented.

It is best if a work plan is drawn up for the employee undergoing the test, including the duties from the job description. For the performance of each task, the employee will be required to report. In the event that the task is not done or not completed in full, it is imperative to demand from him an explanatory explanation of the reasons.

In addition, supporting documents can also be:

• chief about failure to perform work;
• marriage certificates;
• Bad reference from the manager;
• Written complaints from clients.

Also in internal regulations The company may be provided for the creation of a commission to summarize its work. She can make a conclusion about the unsatisfactory performance of the employee's duties.

Drafting and serving notices of resignation

It is possible to dismiss an employee who is on probation only after warning him about it three days in advance. This warning must be issued not verbally, but in writing.

The notice is usually issued letterhead in duplicate. There is no prescribed form, but it must include the following:

• The name of the enterprise and its details;
• Number and date of notification;
• FULL NAME. employee, his details labor agreement;
• Notice of dismissal and listing reasons;
• Date of dismissal.

The document must contain a column in which the employee must date and sign as confirmation of familiarization with it. There are times when an employee refuses to do so. Then a commission is created, which includes people who were present at the refusal, and an act is drawn up about this. The latter, after signing, is attached to the notification.

All reasons for dismissal must contain brief information about a misconduct or an unfulfilled order, as well as the details of the document (number, date of compilation) confirming this.

Issuing a notice of dismissal

After signing the notice (or drawing up an act of refusal), it is transferred to the personnel service, which writes. For this, a standard form is used in the form T-8 (or T-8a, when a group of people quits at once).

Filling in its main columns is carried out in a similar way to drawing up upon dismissal of one's own free will. However, there are also several differences. So, the column "Basis for termination of the employment contract" should contain a reference to Art. 71 of the Labor Code of the Russian Federation. And in the line "Basis" you need to write down the data of supporting documents - reports, acts, etc.

As in other cases, the employee must be familiar with the document. As confirmation, he puts his signature in the prescribed place. However, in this case, he may refuse to do so. Then it is necessary to assemble the commission again and draw up another act - on the refusal to sign the order.

The document must be registered in the prescribed manner in the order registration book.

Making an entry in the work book

next step employee personnel service enters the necessary entry in the work book. It is mandatory to make a reference to the article in the Labor Code of the Russian Federation, as well as to state the reason for dismissal. For example: “Fired due to an unsatisfactory test result, part 1 of Art. 71 of the Labor Code of the Russian Federation.

Then the personnel officer puts his signature and seal. After that, the employee must put his signature as a sign of familiarization.

The final stage in the register of the issuance of work books, the employee signs for its receipt in his hands.

Sometimes there are cases when a dismissed employee refuses to come to receive a book. In order for the company not to have problems about this, it is necessary to send a written message with a return receipt, in which the company asks to come to receive the book or provide its consent to send it by mail.

Payment of funds

All amounts are paid on the last business day. This can be done both in cash and on a current account, bank card.

No additional compensation is paid upon dismissal after the probationary period.

Attention! If the dismissed person does not appear at work, and there is no way to make a transfer to his bank account, then all amounts due are stored at the enterprise and must be issued on demand.

Establishing a probationary period for an employee when hiring is not a mandatory procedure. According to Article 70 Labor Code, such conditions may be provided for in the employment contract, but the state does not require this. As numerous surveys show, in most cases, employers still prefer to accept newcomers only after a trial period in order to make sure of their competence, ability to conduct business, usefulness for the company. But can an employer fire you on probation? More on this in today's article.

It is believed that such a period can be useful for the workers themselves. Per a short time they will be able to make the final decision: do they want to stay in this place, or does it not suit them. In the case of the latter, a person has the right to notify the employer about this and leave the place without waiting for the end of the period. The employer can also agree to terminate the relationship with the employee before the probationary period comes to an end. But if the employee himself is not satisfied with this, he will have the right to ask the judicial authorities to intercede for him.

If the employer does not have a strong evidence base, as well as if there are errors in the execution of documents, the court may decide to return the employee to his position or recover funds from the employer for the forced downtime of the dismissed person and moral damage caused to him.

How long can a trial period last?

The trial period can last a maximum of six months. However, such a period, according to the Labor Code, is set only for applicants for senior positions.

Test period dates:

• up to two weeks if we are talking on the conclusion of an agreement according to which the employee will perform his duties for no more than 6 months;
• up to three months, if we are talking about a standard employment contract;
• up to 6 months, when a person applies for a position of head, chief accountant or deputy head.

The inspection period can be extended only if the employee took time off or was on sick leave. At the same time, the law provides the circle of persons who are not entitled to probation. It:

• women at different stages of pregnancy;
• underage;
• young professionals who get a job for the first time after graduation;
• employees who have taken a position by competition;
• employees with whom a contract is concluded for a period not exceeding two months;
• employees who have been transferred from one position to another within the same company or from one employer to another as agreed.

This list is not complete and may be supplemented by regional laws.

If there is a dismissal during the probationary period, the employer is obliged to report this 3 days before the termination of the employment relationship. Exactly the same requirements for an employee who decides to quit on his own initiative: he will have to work for another three days.

What can be the reason for dismissal?

To dismiss an employee on probation, the employer must have good reasons. Of course, he can do this on the basis of his own preferences, without relying on the requirements of the law, but in this case he runs a great risk of losing in court if he is already former employee wants to take legal action.

Reasons for leaving:

• the employee does not cope with his duties;
• walks often;
• does not comply with safety regulations;
• doesn't follow the rules labor discipline;
• behaves unprofessionally or his behavior discredits the company.

In principle, there can be many more reasons. It is important for the employer to have evidence of the validity of such a decision. The evidence base can be signed by the employee job descriptions, safety regulations, company charter, completed work reports, absenteeism reports, complaints from customers or other employees.

No special justification is required for a retiring employee. If he wanted to quit, this is his right, which he can use at any time, even during the trial period.

To fire an employee, the employer must follow certain rules. The main thing is to collect documents that confirm the validity of the decision to dismiss, the incompetence of the employee. After that, the employer is obliged to send a notice to the employee, in which it is necessary to indicate the exact reasons for the dismissal, and then issue a corresponding decree. A note on the delivery of the notice and on the preparation of the order must be entered in the register of orders, the employee must put his signature in the journal, confirming that he is familiar with the texts of the documents.

Within ten days it is necessary to pay all the funds due to the employee. It's not only wage, but also compensation if a person has worked for more than 15 days, for the time due vacation, which the dismissed person did not use, sick leave payments if the employee took time off due to ill health. Compensation is calculated taking into account the time that the employee spent at work, his total seniority. The enterprise keeps a photocopy of the work book of the dismissed person in its archive, while the employee receives the book after making notes on the reason for the dismissal and the seal of the enterprise. The work book must be handed over only. If the person did not pick it up, they can send a notification by mail that they need to come and pick up their document. Send the booklet by mail or courier delivery it is forbidden.

After the entire procedure, a note of dismissal must also be affixed to the employee's personal file.

If any of these points were not executed correctly or were not completed at all, the employee will have a better chance of proving the illegality of the dismissal in court.

What is useful to know

There are a number of features of dismissal on probation that are useful for both employers and those who are hired to know:

• A two-week working period in this case is not provided. Only a three-day period is required for the completion of all employment relationships.
• You can not fire a person when he is on sick leave.
• When dismissing employees who receive material resources or important documents at their disposal, the employer has the right to establish a procedure for receiving and transferring cases that does not contradict the Labor Code.
• All provisions of the Labor Code governing dismissal during a probationary period are equally valid for public institutions both businesses and private individuals.

In the Russian judicial practice there are many cases when employees wrote complaints about their employers, who, in their opinion, fired them for no particular reason, at their own request. And the court often satisfies such claims. In some cases, he requires the employer to pay compensation to the person, in others - to reinstate the employee in his position.

A dismissed employee can fight for his rights quite successfully in all those cases when the employer did not pay him the due funds after the probationary period, dismissed him without serious grounds, did not familiarize him with official duties or did not warn of dismissal three days before the issuance of the order.

Probationary employment is a common practice that creates comfortable conditions to assess the applicant's ability. The employee, in turn, has the opportunity to inspect a new place and understand whether a position in this company is suitable for him. The verification period is distinguished by a simplified dismissal procedure, without unnecessary formalities and lengthy working off. At the same time, the rights of a new employee are protected by law to the same extent as when working on a permanent basis.

Why is there a probationary period?

Employees are hired on the basis of their resume and a successful interview. However, the quality of his work cannot be judged solely on the basis of the information provided. New employee may be unable to perform the duties assigned to him. To test the competence of employees, TC (Russia) provides for the existence of a probationary period - a period during which the authorities can evaluate the skills of an employee, and he can decide whether to stay in a new place.

This stage is optional and is established only with the consent of both parties. To introduce a probationary period, it is necessary to include a corresponding clause in the employment contract. It is also indicated there during the verification period. Dismissal during the probationary period occurs according to a simplified procedure, regardless of which party was the initiator of the termination of the employment agreement.

How long does the verification phase take?

The duration of the trial period is determined by employers. According to the Labor Code, the probationary period can last no more than three months. A longer period is provided for candidates for those positions that require a high level of qualification - the management team. It can be up to six months.

According to the Labor Code (Russia), a probationary period is not introduced for the following persons:

• minors;
• pregnant women;
• mothers with children under one and a half years old;
• graduates of higher educational institutions for the first time wishing to obtain a position in their specialty no later than one year after acquiring the relevant degree;
• employees whose term of work does not exceed two months;
• specialists who are transferred from one position to another within the boundaries of the enterprise or to another workplace by agreement of employers.

The duration of the test phase cannot be extended. If it is concluded for a short period (from two to six months), the verification period cannot exceed 2 weeks.

Unregistered workers

Companies often accept employees without official registration. In such cases, the contract is not drawn up, and in work book no corresponding entry is left. State bodies not notified of the activities of such a person, and therefore, during his work, the authorities are not obliged to comply with formal rules and draw up papers. In these cases, work on a trial period is not used, dismissal occurs according to a simplified procedure - without formal justification and mandatory working off.

If the parties decide to sign an employment contract after the person has begun to perform duties in his position, a probationary period cannot be assigned.

Vacation and sick leave

Employees during the verification period have the same rights as other employees. So they can take sick leave. The dismissal of an employee on probation during an illness is prohibited by the laws of the Russian Federation, therefore, the employer can terminate the employment contract only upon the return of the person. If the trial period ends during the absence of a newcomer, it does not deprive the authorities of the right to fire him.

The employer can extend the verification period only at the expense of the days during which the employee was not present at the workplace. This rule is not mandatory and is valid only at the request of the head.

The employees also have the opportunity to take a vacation. However, employees can take full-time rest only after six months of work. Therefore, during the probation period, they have the right to take only a few days on vacation, which would be proportional to the hours worked.

During the verification period, the employee can evaluate the new position and understand whether the proposed position suits him. The duration of the trial stage is enough to make sure whether the person copes with the duties assigned to him, whether he is satisfied with the schedule, team or working conditions. If a person decides to terminate the contract, he can do so at any time before the end of the verification period.

Dismissal at the initiative of an employee on a probationary period is carried out on the basis of an application drawn up by him. The document must be given to the administration three days before the termination of the employment agreement. The employee is not required to justify his dismissal.

Paperwork

Voluntary care must be submitted for a Probationary period, but does not have to be nearing its end. The document is drawn up in any form. When filling out an application, it is necessary to indicate the name of the employer, the employee leaving, the date of writing and the alleged departure (not earlier than three days after the paper was submitted). The reason for the dismissal can be any - the unwillingness to continue working in this company is already considered a good reason for leaving.

Dismissal at the request of the employer

The employer has the right to terminate the contract if he is dissatisfied with the new employee. This can be done both during the verification period and at the end of it. Dismissal during the probationary period must be justified by good reasons, confirmed by evidence that the employee is not able to cope with his duties. If the employee does not agree with the decision of the employer, he can appeal in court and be reinstated in his position. If a person does not want to return to the workplace, he has the right to demand in court a change in the reason for dismissal, as this may adversely affect his future employment. To avoid such an outcome, employers often offer to write a statement allegedly of their own free will.

Reasons for terminating a contract

If dismissal at the initiative of an employee during a probationary period, as already mentioned, does not require convincing justifications, then termination of the employment contract at the request of the employer is motivated by a certain reason. Good reasons could be:

• one or more absenteeism;
• non-compliance with the rules that should be known to the employee, are specified in the legislation or corporate norms;
• evading duties after receiving disciplinary punishment etc.

The grounds for dismissal during the review period are the same as those for ordinary employees. The employer is obliged to declare his intentions three days before the termination of the employment agreement or before the date when the probationary period ends (according to the agreement and the Labor Code of the Russian Federation). Dismissal can be justified by any of the above reasons. A wider list can be found in the legislation of Russia.

Termination of the contract at the verification stage

Termination of an employment agreement at the initiative of the employer requires careful documentation. First you need to formulate the reasons for dismissal and check whether they are solid, in accordance with the legislation of the Russian Federation.

In order to confirm the facts of poor performance by an employee of his duties, you need to find evidence of his negligence or violations. This can be confirmed by colleagues, clients who are not satisfied with his work, reports and explanatory notes regarding walks.

The grounds for terminating the employment agreement must be indicated in the notice and registered in the journal. Then the document is given to the employee three days before the dismissal or the end of the probationary period. Upon the date specified in the notice, the employer must sign the relevant order, register it in the journal and obtain the employee's signature.

Calculation of severance

After issuing the order, the employer must pay the person the entire amount required. Dismissal at the initiative of an employee during a probationary period also requires the transfer of these funds. The payments that the employee receives in this case are equal to those that are transferred to employees on a permanent basis. This amount includes:

• wage;
• sick leave compensation;
• reimbursement for unused vacation.

Each employee is entitled to 28 days of vacation per year. However, termination during the probationary period occurs before the employee is entitled to full rest. In this case, compensation is calculated in proportion to the period of his work. If the company provides for more vacation days, they are taken into account when calculating compensation. For one unused vacation day former employee receives an amount equal to his daily salary. The calculation takes place according to the following formula:

• 28 (days for full vacation) : 12 (year) * N (months worked).

For example, if employee worked for 3 months, after which he decided to quit, he is entitled to compensation for 7 days of unused vacation (28: 12 * 3).

Working off

Upon termination of the contract, an ordinary employee must perform his duties for two weeks, if required by the employer. During this time, he can find another person for the vacant position. Duration additional labor different if there is a dismissal on probation. In this case, the processing time is 3 days.

This principle applies when the employment contract is terminated during the verification period. If the termination of the contract at the initiative of the superiors or the employee occurs at the end of the probationary period, working off is optional.

A person can refuse extra days in cases where he:

• is a disabled person, a pregnant woman, a pensioner, a mother of three children or a baby under 14;
• has an illness that interferes with the performance of official duties;
• caring for a disabled or sick family member;
• was enrolled in full-time education;
• retires, etc.

If a person did not declare his desire to quit at the end of the probationary period and went to work the next day, he automatically becomes an employee on a permanent basis. In such cases, the termination of the contract is general rules, with a two-week duration.

Employment history

This is the last step in the termination of the contract, which occurs after the order is issued and the employee receives the necessary payments. Dismissal during the probationary period ends accordingly. It must include the reason for dismissal. If this happens at the initiative of the employer, then “unsatisfactory test result” is indicated as justification. If an employee has decided to leave the organization, then the reason can be your own desire. A photocopy of the work book must remain with the company in which the employee worked.

To check the compliance of the employee with the work entrusted to him, a condition on a probationary period may be included in the employment contract. We talked in ours about the maximum duration of a trial period, as well as about the categories of persons who cannot be tested.

Successful completion of the test does not require any documentation. The employee simply continues to work further in the position for which he was hired. Can they be fired on probation?

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

Dismissal on probation at the initiative of the employer

If the test results were found to be unsatisfactory, the employer may 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 on probation? The main thing here is to follow a certain procedure.

Labor contract with an unsuitable worker must be terminated before the expiration of the probationary period. At the same time, no later than 3 days before the dismissal, the employer must notify the employee in writing about the upcoming termination of the contract. We gave an example of an employee's notice of dismissal. The notice of dismissal of an employee on probation must indicate the reasons why the employee was found not to have passed the test. We talked about the criteria by which the employer is guided when deciding on the results of the employee's test in a separate article.

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

And how to make an entry in the work book about the dismissal of an employee on probation? For dismissal on probation, the article of the Labor Code of the Russian Federation is special. This is part 1 of article 71 of the Labor Code of the Russian Federation. That is, in the work book, it is necessary not only to give a link to this article, but also to decipher that the dismissal is due to the failure to pass 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 Decree No. 225 of April 16, 2003):

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

The decision of the employer to dismiss the employee due to the unsatisfactory result of the test, such an employee can appeal to the court (part 1 of article 71 of the Labor Code of the Russian Federation).

Dismissal on probation at the initiative of the employee

Is it possible to be fired at will during a probationary period? As we have indicated, an employee can be fired during a trial period at the initiative of the employer. And the answer to the question "Is it possible to quit on probation" is also in the affirmative. After all, the Labor Code of the Russian Federation does not restrict the right of an employee to dismiss on his own initiative. Moreover, dismissal during a probationary period for an employee is simplified.

How can an employee quit on probation? If during the probation period the employee realizes that the job does not suit 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, it is necessary to warn the employer about dismissal, if the trial period has not yet ended, 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 on probation? An employee may leave the probationary period at any time. The Labor Code of the Russian Federation does not establish a minimum period that an employee must work without fail. However, it should be borne in mind that the application for dismissal is 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 quits himself during the probationary period or at any other time, a single entry in the work book is made. When dismissed on one’s own during the probationary period, it is necessary to write down in the labor (paragraph 3 of part 1 of article 77, part 5 of article 84.1, paragraphs 14, 15 of the Rules, approved by Government Decree of 04/16/2003 No. 225, clause 5.2 of the Instruction, approved by Decree of the Ministry of Labor dated 10.10.2003 No. 69):

"The employment contract was terminated at the initiative of the employee, paragraph 3 of the first part 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 of his own free will, even if the employee has not passed the test. After all, it is unlikely that an employee will want to have a record of dismissal in connection with unprofessional suitability in the work book. If the employer does not mind, the employee can apply for dismissal of his own free will. But here it is important for the employer to take into account the observance of deadlines and possible risks. After all, for example, such an employee can withdraw an employee’s application for dismissal of his own free will, and the employer may no longer have time to comply with the dismissal procedure under Part 1 of Art. 71 of the Labor Code of the Russian Federation.

It is also important to remember that an employer cannot dismiss an employee undergoing a test 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, the employee can quit during these periods.