When an employee of an enterprise goes on maternity leave, and then on parental leave, her job is retained. Labor law is allowed to register another employee for her position. To do this, you should conclude an employment contract with a new specialist for a certain period, issue a corresponding order, and make an entry in his work book.
It is necessary
- - employee documents;
- - Labor Code of the Russian Federation;
- - order form according to the T-1 form;
- - standard employment contract;
- - documents of the organization;
- - company seal.
Job applications are generally not required from a fixed-term employee. Enter into an employment contract with him, write down the rights and obligations of the parties identical to the job duties of an employee who has taken social leave for pregnancy and childbirth or childcare. Indicate the amount of payments that is fixed in the staffing table approved at the enterprise for this position.
The term of the contract must be established from the moment when the employee starts to perform his labor function. It will end with the date when a specialist on social leave expresses a desire to go to work and perform his job duties. Certify the fixed-term contract with the signature of the director of the company, the seal of the company and the signature of the employee hired for the position of an employee who is on maternity leave or parental leave.
The first person of the enterprise, on the basis of a fixed-term contract, must issue an order in the form of T-1. It specifies the data of the employee and the working conditions in accordance with the contract concluded with him. The order must be certified by the signature of a personnel officer, a specialist accepted under a fixed-term contract, as well as the sole executive of the organization and the seal of the company.
Make an entry in the specialist's work book. In the first and second columns, indicate the number of the entry and the date it was made. In the information about the job, write in the full name of your company, the name of the position and the structural unit in which it is accepted. In the grounds, write the date and number of the order issued by the head of the organization.
When a specialist who is on parental leave or maternity leave decides to return to work ahead of schedule, notify the employee performing his job duties three days before the actual date of leaving the first workplace. It is possible to dismiss such an employee based on the right to terminate the contract, since its term expired on the date when the employee left, beyond which her place was preserved.
If the employee generally wishes to find herself another job and quit her previous job, then you can extend the fixed-term contract with the employee who replaced her during the parental leave, or replace it with an indefinite one.