Lawyers help! Interesting problem! Waiting for answers?



The author posted a question in Legal Advice

Lawyers help! Interesting problem! Waiting for answers? and got a better answer

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Response from 0[+]
did the right thing! Keep up the good work and don't let her give up!

Response from 0[+++]
1. Vasina cannot be put on probation because she came after college and is considered a young specialist. within six months she cannot be not only fired, but also punished for violations of labor laws. The court's decision will be to reinstate her and pay her compensation for her forced leave.

Response from 0[+]
she will lose.

Response from 0[+++++]
the first case the dismissal is lawful, in the second case she will be reinstated at her job.

Response from 0[+++++]
the probation period should be specified in the employment contract. at the time of dismissal the principal should clearly state which clause of the job description, if any, she signed or which clause of the employment contract was violated. judging by the question, there were no claims to the missus, so there is no grounds to dismiss her as not having passed the probation period. if there are no other claims, she will be reinstated

Response from 0[+++]
Since Vasina was hired as a specialist within a year after her graduation from technical school, she should not be put on probation at all, since it is required by Article 70 of the RF Labor Code. Naturally, this condition of the agreement is invalid and the employer cannot fire her on this basis. The court's decision will be in favor of Vasina - she will be reinstated and she will be paid for her forced absence. Also, if Vasina had been hired after one year from graduation from Technical School, she could have been put on probation for three months maximum, but under the terms of the problem she was put on probation for four months. In addition, the condition of the trial period should be stipulated in the employment contract or additional agreement, not in the order of employment.

 

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