How to cancel a contract of employment
Upon admission to the position of specialist, an employment contract is drawn up, which is considered to have entered into force from the moment of signing of this document by both parties. Then an order is issued (form T-1 is used), and on the basis of the latter, a record is entered by personnel officers in a document confirming the employee’s work activity.
If the newly hired employee has not started to fulfill the labor function determined bycontract. there is reason to cancel the contract (contract) with such a specialist. The legislation provides for a period during which the employee is obliged to begin to perform official duties. Thus, the employee needs to start his work within a week from the moment of the signing of the employment contract by both parties. It is also possible to cancel the contract if a specialist does not appear in the company within a week without a valid reason. If the employee was absent for a good reason (illness, etc.) in the workplace, in this case the employment contract cannot be canceled, since such behavior of the employer would be a gross violation of the law.
In the absence of an employee in a weekly period at your workplace, draw up an act. Enroll two or three witnesses to a violation of labor discipline. Familiarize each witness with the signature act.
Wait for the employee to appear at the enterprise. Note that without an explanatory note can not do here. Ask an employee to write such a document. If there is no good reason, proceed with the cancellation of the contract with a specialist.
Make an order. As a topic, write the cancellation of the order for admission to the post. The reason in this case will be the absence of the employee in a weekly period from the moment of the conclusion of the contract. In the administrative part write the date, order number, which is canceled. The second paragraph, enter, referring to Art. 61 of the Labor Code of the Russian Federation, that the agreement (contract) is canceled. Familiarize the employee with the order under the signature.
Close the personal card of the employee, make an entry in the main document confirming the professional activity of the specialist. In the grounds write the number, the date of the order to cancel the order for admission to work, in the information about the work, specify a link to paragraph 4 of Art. 61 of the Labor Code of the Russian Federation, the fact of cancellation of the employment contract. Verify the record with the seal, signature of the director or other responsible person. Familiarize the employee with the record of the cancellation of the contract under the signature.