Екатерина Чернявская
irinabal18 / Depositphotos.com
Согласно принятому приказу, для граждан, принимаемых на такую службу впервые, по общему правилу в обязательном порядке будет устанавливаться испытание продолжительностью до 6 месяцев в целях проверки их соответствия замещаемой должности (приказ Следственного комитета РФ от 6 июля 2018 г. № 66 «Об утверждении Порядка приема на службу (работу) в Следственный комитет Российской Федерации, назначения, перевода на должность, освобождения от должности и увольнения из Следственного комитета Российской Федерации»1).
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Точная продолжительность испытания будет определяться должностным лицом, в компетенцию которого входит назначение на соответствующую должность и может быть сокращен по соглашению сторон. В него не будет засчитываться период временной нетрудоспособности и другие периоды, когда сотрудник, проходящий испытание, отсутствовал на службе по уважительным причинам. Исключением из этого правила будут граждане, обучавшиеся в организациях Следственного комитета РФ.
При этом для граждан, впервые принимаемых на гражданскую службу в Следственный комитет может предусматриваться условие об испытании по правилам ст. 27 Федерального закона от 27 июля 2004 г. № 79-ФЗ «О государственной гражданской службе Российской Федерации», а для впервые принимаемых на должность работника или служащего – по правилам ст. 70 Трудового кодекса.
В качестве оснований для увольнения со службы из Следственного комитета РФ выделены следующие основания:
предусмотренные ТК РФ (за исключением военнослужащего); по собственной инициативе в связи с выходом на пенсию; по инициативе должностного лица, имеющего право освобождения от должности и увольнения.
К приказу прилагаются примерные формы представления к назначению на должность и к освобождению от нее с последующим увольнением, уведомлений о прекращении трудового договора и расторжения служебного контракта.
Уточняется, что действие документа не будет распространяться на должности, назначение на которые и освобождение от которых осуществляется Президентом РФ, и воинские должности в военных следственных органах Следственного комитета РФ.
Приказ вступит в силу 18 августа.
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1 С текстом приказа Следственного комитета РФ от 6 июля 2018 г. № 66 «Об утверждении Порядка приема на службу (работу) в Следственный комитет Российской Федерации, назначения, перевода на должность, освобождения от должности и увольнения из Следственного комитета Российской Федерации» можно ознакомиться на Официальном интернет-портале правовой информации (№ опубликования 0001201808070025).
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