Absence of the employment contract can be caused in the worker by the different reasons. Anyway, this situation is inadmissible from the point of view of the labor legislation and demands immediate correction, differently you can fly on penalties from labor inspection.
The sponsor of placement P&G Articles on the subject "How to Renew the Contract with the Worker Which Had No Contract" How to issue reduction of the working day How to transfer the worker from the termless contract for the urgent contract How to pay work of part-time workers
Sign the employment contract with the worker "backdating". According to the legislation if the contract was not issued in writing, but the worker got to work from a permission or at the request of the employer or his representative, the employment contract is considered the prisoner. However in this case the employer is obliged to imprison him with this worker in writing no later than three working days from the date of the actual assumption it to work. Therefore make and print out the document, having specified in it date with which the employee was admitted to the organization. Talk over with the worker, ask it to sign the contract, having given out then one copy of the document.
Issue all essential changes of terms of the contract drawing up the additional agreement to it. In the labor law there is no such concept "Renewal of the Contract", there is only a conclusion, cancellation or change of working conditions. And all changes have to be made with the consent of the worker. For this purpose also the additional agreement to the employment contract is made out. According to article 74 of the Labour Code you are obliged to notify in writing the worker on essential changes not less, than in two months, and the employee has to express the consent with them in writing. And only after that you can conclude additional agreements to the employment contract of the worker.
If the worker who had no employment contract, was accepted in the organization for a certain term (for example, for performance of duties of temporarily absent employee), and you would like to prolong the term of its work, you need to know the following. Regarding 4 articles 58 of the Labour code of the Russian Federation the rule that if any of the parties did not demand cancellation of the urgent employment contract in connection with the expiration of its action contains, and the worker continues work, the condition about urgent character of the contract becomes invalid, and the employment contract is considered the prisoner for an indefinite term. Options of registration of the labor relations upon termination of action of the urgent employment contract will be the following:
- issue the notice of cancellation of the urgent employment contract in connection with the expiration of its action and dismiss the worker on the basis of article of point 2 of article 77 Labor Code of the Russian Federation;
- if you plan to leave the "urgent" worker, simply do not send him the notice of cancellation, and everything, according to part 4 of article 58 of the Labour code the contract will be considered as the termless.