How to Properly Handle Dismissal During a Probation Period in 2026

To properly handle dismissal during a probation period, an employer must meet all deadlines and prepare documents confirming that the employee is not suitable for the position or unable to perform the required duties properly.

If the employer fails to provide written notice, makes mistakes in the dismissal order, or completes the procedure after the probation period ends, the employee may challenge the dismissal in court. In that case, the employer will need to prove that both the reasons for dismissal and the procedure itself complied with labor legislation.

In this article, we explain how to properly handle dismissal during a probation period, which documents are required, and which mistakes employers should avoid.

What Are the Grounds for Dismissal During a Probation Period?

During a probation period, employment may be terminated for several reasons: at the employer’s initiative, at the employee’s request, or by mutual agreement between the parties.

If the employer dismisses an employee based on probation results, the employment contract is terminated under Clause 11, Article 40 of the Labor Code of Ukraine. Each ground has its own deadlines and required set of documents.

Why Can an Employee Be Dismissed During a Probation Period?

An employee may be considered to have failed the probation period if they consistently fail to perform their duties, make repeated mistakes, or do not meet the requirements of the position. Simply saying that the employee “was not a good fit” is not enough. The employer must have documents confirming the employee’s work results.

These may include:

• failure to complete work plans;
• repeated mistakes at work;
• violations of internal standards or protocols;
• failure to perform duties listed in the job description;
• documented complaints about work quality.

For example, an accountant is hired with a probation period but regularly fails to close primary accounting documents by the end of the month. If the manager records these situations in internal memos or reports, the employer has grounds for dismissal due to unsuitability for the position.

What Is Not Considered a Sufficient Ground for Dismissal?

Not every issue related to an employee’s work automatically gives the employer grounds for dismissal due to failure to pass probation.

The following are generally not considered sufficient grounds:

• “the team did not like the employee”;
• “personality mismatch”;
• a manager’s subjective opinion without supporting documents;
• a one-time mistake that was not documented;
• lack of onboarding or training;
• situations where the employee was not given clearly defined responsibilities or a job description.

The key point is that the employer must prove not “personal dissatisfaction,” but a specific mismatch between the employee and the position.

How Many Days in Advance Must an Employee Be Notified Before Dismissal?

According to Article 28 of the Labor Code of Ukraine, an employee on probation must receive written notice of dismissal no later than three days before termination.

The notice should include:

• the dismissal date;
• the reasons for dismissal;
• facts or documents confirming that the employee is unable to perform their duties properly.

For example, if an employer plans to dismiss an employee on March 20, the written notice must be delivered no later than March 17 — either in person or through an electronic document management system that allows the employer to confirm receipt and signing of the document. It is important to remember that the dismissal date must fall within the probation period. If the employee continues working after the probation period ends, they can no longer be dismissed for failing probation.

If the employee was not notified in writing at least three days in advance, the dismissal may be considered unlawful.

It is also important not to leave written notice until the last day. If the employer violates the notice period, the employee may challenge the dismissal due to procedural violations.

The key rule: the employer must both notify the employee and complete the dismissal procedure before the probation period ends.

How to dismiss an employee during the probation period step by step?

For the dismissal to be legal, it is not enough to simply make the decision — the entire procedure must be carried out correctly. Usually, the employer or HR specialist should:

1. Prepare documents confirming the employee’s work results.
For example, the employer may use:

– internal memos from the manager;
– reports on errors or violations;
– explanatory notes;
– recorded customer complaints;
– documents confirming failure to meet plans or complete tasks;
– correspondence regarding systematic work-related violations.

2. Prepare a written notice of dismissal.
It should include the dismissal date and the reasons why the employer decided to terminate the employment relationship.

3. Give the employee the written notice.
This must be done no later than three days before the dismissal date. The document can be handed over in person or via an electronic document management system, where the fact of receiving, reviewing, or signing the document by the employee is recorded.

If the employee refuses to sign the document, a refusal act is drawn up. Briefly, it may look like this:

“On March 15, 2026, employee Ivanenko Ivan Ivanovych was given a written notice of dismissal. The employee refused to sign and receive the document, which is recorded in this act in the presence of witnesses.”

4. Issue a dismissal order with reference to clause 11 of Article 40 of the Labour Code of Ukraine.
The order should also mention the documents that served as the basis for the employer’s decision.

5. Make the final payment on the dismissal date.
The employee is paid their salary and compensation for unused vacation days.

6. Give the employee a copy of the dismissal order.
After that, the employer reflects the termination of the employment relationship in tax reporting.

What Should Be Written in a Dismissal Order During a Probation Period?

It is important to state the dismissal grounds correctly in the order.

Example wording:

The order should also mention the documents that served as the basis for the decision: written notice, internal memo, report, or other internal documents.

Checklist: What to Verify Before Dismissing an Employee During a Probation Period

Most problems arise because deadlines were missed or the document package was incomplete. Before dismissal, make sure that:

• the probation period is specified in the hiring order;
• the probation period has not yet expired;
• the employee received written notice on time;
• the notice clearly states the reasons for dismissal;
• the employer has documents confirming the employee’s work results;
• the dismissal order contains the correct legal grounds;
• the dismissal date does not fall during the employee’s sick leave or vacation.

If even one of these points is missed, it will be easier for the employee to challenge the dismissal.

With Vchasno.Kadry, HR documents can be created, approved, signed, and stored online. For example, an HR specialist can prepare a warning notice, dismissal order, and attach documents confirming the employee’s work results within a single workflow. This helps employers avoid missing deadlines and quickly find the required documents when needed.

Conclusion

Dismissal during a probation period is possible if the employer complies with all legal requirements and prepares the documents correctly. To do this, it is important to document the employee’s work results, prepare written notice, and complete the dismissal before the probation period ends.

If deadlines are missed or documents are prepared incorrectly, the employer risks facing a labor dispute and spending additional time on explanations and inspections.