The absence of an employment contract for an employee can be caused by various reasons. In any case, this situation is unacceptable from the point of view of labor legislation and requires immediate correction, otherwise you may run into fines from the labor inspectorate.
Instructions
Step 1
Conclude an employment contract with the employee "retroactively". In accordance with the law, if the contract was not drawn up in writing, but the employee started to work with the knowledge or on behalf of the employer or his representative, then the employment contract is considered concluded. However, in this case, the employer is obliged to conclude it with this employee in writing no later than three working days from the date of his actual admission to work. Therefore, draw up and print a document indicating the date from which the employee was admitted to the organization. Talk with the employee, ask him to sign the contract, then giving out one copy of the document.
Step 2
Execute all significant changes to the terms of the agreement by drawing up an additional agreement to it. In labor law, there is no such concept of “renewal of the contract”, there is only the conclusion, termination or change of working conditions. Moreover, all changes must be made with the consent of the employee. For this, an additional agreement to the employment contract is drawn up. In accordance with article 74 of the Labor Code, you must notify the employee in writing of significant changes at least two months in advance, and the employee must express his consent to them in writing. And only after that you can conclude additional agreements to the employee's employment contract.
Step 3
If an employee who did not have an employment contract was accepted into the organization for a certain period (for example, to fulfill the duties of a temporarily absent employee), and you would like to extend his term of work, then you need to know the following. Part 4 of Article 58 of the Labor Code of the Russian Federation contains a rule that if none of the parties demanded the termination of a fixed-term employment contract due to the expiration of its validity period, and the employee continues to work, then the condition of the urgent nature of the contract becomes invalid, and the employment contract is considered to be imprisoned for an indefinite period. The options for formalizing labor relations after the expiration of a fixed-term employment contract will be as follows: - issue a notice of termination of a fixed-term employment contract due to the expiration of its validity period and dismiss the employee on the basis of clause 2 of Article 77 of the Labor Code of the Russian Federation;, then just do not send him notice of termination, and everything, in accordance with part 4 of Article 58 of the Labor Code, the contract will be considered indefinite.
