In the absence of an employee for a week without a valid reason or absenteeism from the date established by the employment contract, the employer has the right to cancel the contract with the specialist unilaterally. For this, an order is drawn up to cancel the previously issued order. Then an entry is made in the work book of such an employee on the basis of Part 4 of Art. 61 of the Labor Code of the Russian Federation.
It is necessary
- - Labor Code of the Russian Federation;
- - employee documents;
- - an agreement with an employee;
- - company stamp, organization documents;
- - order form (form T-1);
- - order form for personnel;
- - personal card.
Instructions
Step 1
When hiring a specialist, an employment contract is drawn up, which is considered effective from the moment this document is signed by both parties. Then an order is issued (form T-1 is used), and on the basis of the latter, an entry is made by personnel officers in a document that confirms the employee's labor activity.
Step 2
If an employee, newly recruited, has not started to perform the labor function defined by the contract, there are grounds for canceling the contract (contract) with such a specialist. Legislation provides for a period during which the employee is obliged to start performing his job duties. Thus, the employee needs to start his work within a week from the moment of signing by both parties of the employment contract. It is also possible to cancel the contract if a specialist does not appear at the company within a week without a valid reason. If the employee was absent from the workplace for a valid reason (illness, etc.), in this case, the employment contract cannot be canceled, since such behavior of the employer would be a gross violation of the law.
Step 3
If an employee is absent from your workplace during a week, draw up an act. Enlist two or three witnesses for labor misconduct. Familiarize each witness with the signature certificate.
Step 4
Wait for the employee to arrive at the enterprise. Please note that you cannot do without an explanatory note. Ask the employee to write such a document. In the absence of a valid reason, proceed with the procedure for canceling the contract with a specialist.
Step 5
Make an order. Write the revocation of the hiring order as the subject line. The reason in this case will be the failure of the employee to appear within a week from the date of the conclusion of the contract. In the administrative part, write the date, the number of the order that is canceled. Enter the second paragraph, referring to Art. 61 of the Labor Code of the Russian Federation that the agreement (contract) has been canceled. Familiarize the employee with the order for signature.
Step 6
Close the employee's personal card, make an entry in the main document confirming the specialist's labor activity. In the grounds, write the number, the date of the order to cancel the order of employment, in the information about the work, indicate the link to clause 4 of Art. 61 of the Labor Code of the Russian Federation, the fact of cancellation of the employment contract. Certify the record with the seal, signature of the director or other responsible person. Familiarize the employee with the signature on the cancellation of the contract.
