How to cancel an employment contract
When accepting a specialist for employment, an employment contract is drawn up, which is considered effective after the signing of this document by both parties. Then, an order is issued (the T-1 form is used), and on the basis of the latter, a record is entered by personnel officers into a document that confirms the worker's work activity.
If an employee newly recruited does not begin to perform the labor function definedcontract. there are grounds to cancel the contract (contract) with such a specialist. Norms of the legislation provide for a period during which the employee is obliged to start fulfilling his official duties. Thus, the employee needs to start his work in a week's time from the signing of the contract by both parties. It is also possible to cancel the contract if a specialist does not appear in the company for a week without good reason. If the employee was absent for good cause (illness, etc.) at the workplace, in this case, the employment contract can not be canceled, since such behavior of the employer would be a gross violation of the law.
In the absence of an employee during the week, draw up an act at his workplace. Get two or three witnesses to the violation of labor discipline. Familiarize each witness with the act of signing.
Wait for the employee to attend the company. Note that without an explanatory note there is no way. Ask the employee to write such a document. In the absence of an excuse, proceed to the procedure for canceling the contract with a specialist.
Make an order. As a topic, write down the order on admission to the post. The reason in this case is the absence of the employee during the week period from the moment the contract was signed. In the administrative part write the date, the number of the order, which is canceled. Enter the second paragraph, referring to Art. 61 TC RF, that the contract (contract) is canceled. Familiarize the employee with the order for signature.
Close the personal card of the employee, record in the main document confirming the professional activity of the specialist. At the bottom write the number, the date of the order to cancel the order on hiring, in the information about the work, specify the reference to paragraph 4 of Art. 61 of the LC RF, the fact of cancellation of the employment contract. Verify the record with a seal, the signature of the director or other responsible person. Introduce the employee to the record of annulment of the contract for signature.