As a rule, the existence of an employment relationship is confirmed by a formalized employment contract and a corresponding entry in the work book, and the date of commencement of work coincides with the date of signing the employment agreement. But situations may arise when an employee needs to start work in a place remote from the management and personnel department of the enterprise and the registration of hiring is postponed for some time.
The Labor Code of the Russian Federation enshrines the concept of "actual admission to work". It means that even if there is no written employment contract, but the employee nevertheless began to work on behalf of the employer, it is considered that the employment relationship has arisen.
At the same time, the law does not determine the procedure for formalizing the actual admission of an employee to work. In fact, the actual admission can be confirmed by a memorandum or a report from the immediate supervisor of the employee (for example, a foreman) or the head of the personnel department, drawn up in the name of the director of the enterprise.
In addition, an order in any form can be issued on the actual admission. This order must indicate: the date from which the employee is allowed to work, the reason why it is necessary to go to work. The employee should be familiarized with such an order against signature.
After making a decision on the actual admission of an employee to work without drawing up a written employment contract, the employer must make sure that the employee has undergone a medical examination in the cases prescribed by law, presented all the necessary documents, and underwent an introductory briefing on labor protection.
An employee can work without signing a written employment contract only three days from the moment of actual admission to work, after which an agreement must be drawn up. At the same time, the contract itself dates from the day of its signing, here the date of the start of work is indicated in it in accordance with the date of the date of the actual exit to work.
Failure to execute a written employment contract after three days is a violation of labor legislation, for which liability is provided for under Art. 5.27 of the Administrative Code of the Russian Federation.
