If the employer needs to transfer an employee from an open-ended employment contract to a fixed-term contract, then he should dismiss the employee of his own free will, and then take on the same position in accordance with labor legislation. To do this, you need to formalize a specialist as a newly hired one, conclude a fixed-term employment contract with him and make an appropriate entry in the work book.
Necessary
- - employee documents;
- - documents of the enterprise;
- - seal of the organization;
- - Labor Code of the Russian Federation;
- - forms of the relevant documents.
Instructions
Step 1
The employee must write a statement addressed to the first person of the company with a request to dismiss him of his own free will and put a personal signature on the document and the date it was written. The director of the organization, in case of consent, affixes a resolution with the date and signature on the application.
Step 2
Draw up a resignation order, to which you assign a date and number. Indicate in the administrative part a link to part 3 of article 77 of the Labor Code of the Russian Federation and enter the last name, first name, patronymic of the employee, the position he holds. The director of the enterprise has the right to sign the order. Certify the document with the seal of the organization.
Step 3
In the work book of the employee, make a note of the dismissal. In the information about the job, write down the fact of dismissal, referring to labor legislation, indicate the date of dismissal, in the grounds write the number and date of the corresponding order. Certify the entry with the seal of the company and the signature of the person responsible for maintaining and storing work books. Read the employee's signature record.
Step 4
Issue cash against payment for unused vacation on the payroll.
Step 5
An employee who is dismissed of his own free will must write an application asking him to be hired. In the head of the document, you must indicate the name of the company, the last name, the initials of the head in the dative case, enter your last name, first name, patronymic in the genitive case and your address of residence. In the content of the application, the specialist must write his request to accept him for a certain position, and indicate its name. Then put a personal signature and the date of writing the application.
Step 6
The director, in turn, must issue an order for the hiring of this employee, sign the document, assign it a number and date, and put the stamp of the enterprise.
Step 7
Conclude an employment contract with the employee, in which you write down the rights and obligations of the parties. Indicate in the contract the term of its validity, which should be no more than five years. The document must be signed by the director of the enterprise, certified by the seal of the organization; the newly hired specialist must put his signature in the appropriate field of the document.
Step 8
In the work book of the employee, make a corresponding entry about his hiring, get a personal card for a specialist, enter the necessary information in it.
