Let's start with the fact that the absence of a record of dismissal from the last place of work in the work book is not a basis for refusing to conclude an employment contract. Remember, you can only be denied a job if:
- it is expressly prohibited or limited by law (for example, it is forbidden to employ women (Article 253 of the Labor Code of the Russian Federation) and minors (Article 265 of the Labor Code of the Russian Federation) for certain types of work);
- the applicant does not meet the requirements of the employer in terms of his business qualities specific position(clause 10 of the resolution of the Plenum Supreme Court RF dated March 17, 2004 No. 2 “On the application by courts Russian Federation Labor Code Russian Federation").
For more information about who can be denied employment and on what grounds, we talked in the article “Refusal in employment: pros and cons” of magazine No. 8′ 2017
In principle, you can refuse for a number of other reasons (for example, in the absence of a vacancy), but they do not apply to the case under consideration.
1) with the calculation of the length of service for the payment of benefits for temporary disability and in connection with maternity;
2) when assigning a pension (if the period of work was earlier than the beginning of the 2000s, which, judging by the question, is unlikely).
Find out from the employee if he still has any documents from the previous employer, which can be used to conclude in what periods the employee worked there and when he was fired. In confirmation of the length of service, you can provide, for example, an employment contract, certificates issued by the employer, extracts from orders, personal accounts and statements for issuance wages etc. (clause 8 of the Rules for calculating and confirming insurance experience to determine the amount of benefits for temporary disability, for pregnancy and childbirth, approved by order of the Ministry of Health and Social Development of Russia dated February 6, 2007 No. 91).
If there are such documents, say a copy of the dismissal order, then new employer can make an appropriate entry instead of the previous one (clauses 27 and 28 of the Rules for maintaining and storing work books, preparing work book forms and providing employers with them, approved by Decree of the Government of the Russian Federation of April 16, 2003 No. 225 “On work books”, hereinafter referred to as the Rules).
Judging by the question, most likely, there are no documents left.
For your information
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You can indirectly find out when the employee was fired by the deductions that the previous employer made for the employee. To do this, you can send a request to the territorial body of the PFR for the provision of data on the amounts of earnings based on the information of individual (personalized) accounting in the system of compulsory pension insurance. To do this, the employee must write an application in the approved form (Appendix No. 1 to the order of the Ministry of Health and Social Development of Russia dated January 24, 2011 No. 21n “On approval of the application form of the insured person to send a request to the territorial body of the Pension Fund of the Russian Federation to provide information on wages, other payments and remuneration, the form and procedure for sending a request, the form and procedure for submitting the requested information by the territorial body of the Pension Fund of the Russian Federation”, hereinafter - Order of the Ministry of Health and Social Development No. 21n). See the example on page 91 for an example of filling it out.
Within two working days from the date of receipt of such an application, the new employer sends a request to the FIU in the approved form (Appendix No. 2 to the Order of the Ministry of Health and Social Development No. 21n). You can do this in in electronic format via telecommunications channels (for this, contact the accounting department). The FIU, in turn, will give an answer no later than 10 working days from the date of receipt of the request.
Please note: representatives of Rostrud in a similar situation recommend that an employee apply to the court to establish the fact of termination of labor relations (based on clause 1, part 1, article 262 of the Civil Procedure Code of the Russian Federation, hereinafter referred to as the Code of Civil Procedure of the Russian Federation). The department refers to the fact that, according to Art. 265 of the Code of Civil Procedure of the Russian Federation "the court establishes facts of legal significance only if it is impossible for the applicant to obtain in another order the appropriate documents certifying these facts, or if it is impossible to restore the lost documents."
Moreover, before filing an application with the court, Rostrud advises sending a letter of resignation to the known address of the former employer. certain number(with a description of the attachment). The decision of the court will be a document confirming the termination of the employment relationship. That it will be the basis for dismissal, and his new employer will enter in column 4 of the work book opposite the record of dismissal from his previous job.
Until the termination of the employment relationship at the previous place of work, the employee can be hired on a part-time basis. As noted by Rostrud, making an entry in work book in this case, it is not necessary to produce. However, keep in mind that if the employment record in the work book remains “open”, this does not mean that an employment contract must be concluded with an employee only on a part-time basis. Labor legislation does not establish such a ban, although the possibility of working for several employers at the main place of work of the Labor Code of the Russian Federation is not provided.
In our opinion, if the employee does not plan to challenge this period of work in the future (for the purpose of assigning benefits and pensions), the algorithm of actions proposed by Rostrud is redundant. The new employer may continue to keep a work book. After all, the invalidity of the entry in it does not at all mean the invalidation of the work book itself (see paragraphs 26–30 of the Rules). Moreover, the employer has two options for action in such a situation:
- continue maintaining the work book from the next number without making any changes;
- at the request of the employee to recognize the last entry as invalid. But here lies the difficulty. After all, you can make changes only if there is a document confirming the error. There is no such document in this situation.
Liquidation of legal persons more than a reason. The procedure for making missing entries in an employee's work book is not legally regulated. In accordance with clause 27 of the Rules, if inaccurate or incorrect entries are found in the work book of an employee, the employer is obliged to provide the employee with the necessary assistance when he applies. Based on the provisions of clauses 27 and 28 of the Rules, it can be assumed that the employer at the new place of work is given the right to correct any inaccuracies in the work book regarding work for the previous employer who has already ceased operations, including making entries that were not made at the previous place of work. Anonymous 06/19/2014, 12:18 An entry on the termination of an employment contract with a former employer can be made by the employer at a new place of work on the basis of relevant documents containing the information necessary to make such an entry. Liquidation of legal
Next, a correct entry is made with the order number, which must be certified by the signature and seal of the employer. If there is no record of dismissal from the previous job in the employee’s work book Alas, this formally confirms that labor Relations between the employee and the employer are not terminated.
Attention
With such an employee, you can conclude an agreement only part-time. But if the enterprise was liquidated, the employee personnel service makes a record of dismissal on the basis of a document submitted by the employee, for example, an order to terminate the employment contract.
If there are no supporting documents, the employer at the new place of work cannot make a missed entry about the dismissal from the previous place of work in the work book of the employee. In this case, the employee may apply to the court.
There is no record of dismissal from the last job in the work book
The question of who and on the basis of what document can make an entry in the work book, if the organization in which the employee previously worked has disappeared, is not regulated by law. However, the basis for making an entry on the dismissal of an employee may be documents on the liquidation of the employer, received upon request from tax office.
Important
On the basis of such documents (their copies), the new employer has the right to make an entry about the dismissal in the employee's work book. This possibility follows from paragraph 5.3 of the Instruction, approved by the Decree of the Ministry of Labor of Russia of October 10, 2003 No.
No. 69, and paragraphs 16, 28 of the Rules approved by Decree of the Government of the Russian Federation of April 16, 2003 No. 225. In addition, an employee can apply for the protection of his rights to the labor inspectorate or to the court (art.
352, 391 of the Labor Code of the Russian Federation, Art. 265-267 Code of Civil Procedure of the Russian Federation).
There is no record of dismissal in the work book
Rules for maintaining and storing work books, making work book forms and providing employers with them" tells us that "If an incorrect or inaccurate entry in the work book is found, it is corrected at the place of work where the corresponding entry was made." Therefore, in column 1, the serial number following the last entry is put.
Then, in column 2, the date of the entry is written. Further in column 3 it is marked: "The entry for the number such and such is invalid." Then the correct version of the entry is written. And in column 4, the number of the order is duplicated, on the basis of which an entry was incorrectly made in the work book. Making changes after dismissal If an erroneous entry is noticed after the employee leaves his previous place of work, in column 3 the name of the organization that made the mistake is written, in the next line - the phrase "The entry for the number such and such is invalid."
There is no record of dismissal. how to recruit
It is not required to specify the reason for dismissal. Consider the case when an employee quits for health reasons. Here the following norms of the Labor Code of the Russian Federation come into force. Employment contract with employees who have medical contraindications to perform labor functions, may be terminated on the basis of the following norms of the Labor Code of the Russian Federation:
- If we are dealing with paragraph 5 of Art. 83 of the Labor Code of the Russian Federation (recognition of an employee as completely disabled in accordance with a medical report), if such a report was received, then the wording is made in the book: “The employment contract is terminated due to circumstances beyond the control of the parties, in connection with the recognition of the employee as completely incapable of labor activity in accordance with the medical report, paragraph 5 of the first part of Article 83 of the Labor Code of the Russian Federation "
- If we are dealing with paragraph 8 of Art.
How to quit without an entry in the "labor"?
Therefore, when the first entry is made, it is assigned N 1, and when the subsequent entries are made, the numbering continues. For example, if the entry for employment is number 7, then you make the next exit entry as number 8.
In column 2, opposite the entry number, in Arabic numerals, you must indicate the date of dismissal in accordance with the order (day, month - two-digit, year - four-digit, for example, 10/10/2012). In column 3, opposite the date of dismissal, you must indicate the reason for dismissal with reference to the relevant article, part of the article, paragraph of the article of the Labor Code of the Russian Federation.
You can use any of the wording:
- "fired ...";
- “The employment contract has been terminated…”;
- "Employment contract terminated...".
The grounds for dismissal must be formulated exactly as in the Labor Code of the Russian Federation, for example, "at the initiative of the employee."
Employment record without a record of dismissal
Accordingly, in order to make a missed entry, a new employer needs a duly certified copy of the dismissal order. Such a copy must be issued to the employee at his written request by the former employer (Article 62
Info
TC RF). If the organization, as in this case, has already been liquidated, then copies of orders can be obtained from the archive (part 10 of article 23, article 24 federal law dated October 22, 2004 N 125-FZ "On Archiving in the Russian Federation"). It seems that the basis for restoring the missed entry can also serve as an archival certificate (part
3 art. 26 of the said Law), containing the information necessary for making such an entry. Please note that without these documents, the employer at the new place of work will not be able to prove that he legally hired the employee at the main place of work and made an entry about such admission in the work book.
Employment record of dismissal
On the approval of the Rules for calculating and confirming the length of service for establishing labor pensions”) Kassir 06/19/2014, 14:30 IMHO, you need to apply to the court with an application to establish a legally significant fact. Nad.K 06/19/2014, 14:42 Everyone is so correct and legal and no one has offered the simplest way to solve the problem 🙂 Post number 7. kiry 06/19/2014, 15:12 Everyone is so correct and legal, and no one has suggested the simplest way to solve the problemWhat? "Losing" the old labor? Contact the FIU? This does not solve the problem. Hint, pliz Nad.K 06/19/2014, 03:23 PM kiry, I'm nodding - the nearest workshop will print in an hour ... kiry 06/19/2014, 03:26 PM This is not our way. Nad.K 06/19/2014, 15:33 Well, I understand.
Employment record no record of dismissal
Labor Code of the Russian Federation Dismissed for appearing at work in a state of drug intoxication, subparagraph "b" of paragraph 6 of part one of Article 81 of the Labor Code of the Russian Federation Or: Dismissed for a single gross violation of labor duties - appearing at work in a state of drug intoxication, subparagraph "b" of paragraph 6 part one of Article 81 of the Labor Code of the Russian Federation The employment contract was terminated for the appearance of an employee at work in a state of drug intoxication, subparagraph "b" of paragraph 6 of part one of Article 81 of the Labor Code of the Russian Federation Or: The employment contract was terminated for a single gross violation of labor duties - the appearance of an employee on work in a state of drug intoxication, subparagraph "b" of paragraph 6 of the first part of Article 81 of the Labor Code of the Russian Federation subp.
Together with a duplicate of the work book, the work book that has become unusable is returned to the employee. If an employee wants to get a new job, his work book or duplicate must contain a record of dismissal from the previous job (paragraphs 15–19
Rules approved by the Decree of the Government of the Russian Federation of April 16, 2003 No. 225). The record of dismissal must be made by the organization that hired him.
This is stated in paragraph 35 of the Rules approved by Decree of the Government of the Russian Federation of April 16, 2003 No. 225. There are no grounds for making this entry by the new employer. It is not allowed to fill out a work book from the words of an employee (other persons) (paragraph 2 of clause 29 of the Rules approved by Decree of the Government of the Russian Federation of April 16, 2003 No. 225).
If an employee is dismissed due to a reduction in staff, in column 3 it is required to indicate the reason for dismissal: “Dismissed due to a reduction in the number of employees” (Article 81 of the Labor Code of the Russian Federation, part 1, paragraph 2). How to make an entry in the work book about dismissal - a sample for reduction: In case of dismissal of an employee due to own will in column 3 the entry is made: "dismissed of his own free will, paragraph 3 of article 77 of the Labor Code of the Russian Federation."
When an employee is dismissed by agreement of the parties, an entry must be made in the work book: "The employment contract was terminated by agreement of the parties, clause 1 of part 1 of article 77 of the Labor Code of the Russian Federation."
Who should make an entry about the dismissal in the work book of the employee, if the fact of termination of the employment relationship was established through the court (at the initiative of the employee). The employer organization is not excluded from the Unified State Register of Legal Entities, however, it does not actually operate under the legal system. address is not found. also what should the employee do in this case if there is no work book on hand.
Answer
An entry in the work book can be made by a new employer on the basis of a court decision.
If the work book is lost (there is no way to return it), then the new employer draws up a new work book. At the same time, at the request of the employee, entries from past places of work can be made in the book in the same manner as the registration of entries in a duplicate
For details on this, see the materials in the rationale.
The rationale for this position is given below in the materials of the "Personnel System" .
1. Situation: What to do if there is no record of dismissal in the employee's work book. According to the employee, the former employer has been liquidated
“There is no single answer to this question in the legislation*.
Current labor law does not contain a procedure for making a missing entry in the employee's work book in the event of the liquidation of the organization that was supposed to record the dismissal. In this regard, the new employer has the right to use the rule on the procedure for correcting an incorrect or inaccurate entry made by the employing organization in the event of its liquidation, by analogy with the law (Rules approved). The new employer has the right to make an entry about the dismissal from the previous place of work on the basis of the relevant document - the order (instruction) of the former employer of the employee or a copy thereof. In case of liquidation of the organization - the former employer, such information can be obtained in the archive. At the same time, the new employer must assist the employee in obtaining documents confirming the dismissal. Such a conclusion follows from the Rules approved , the Instructions approved , the Rules approved .
In the absence of the relevant documents and the impossibility of obtaining them (including by contacting the archive), the employer has no reason to make an appropriate entry in the work book.
In this case, the employee has the right to apply to the court with an application to establish the fact of dismissal from the previous place of work (). The decision of the court, which established the relevant fact, is also the basis for the new employer to make an entry in the employee's work book about the termination of the employment contract at the previous place of work * ().
Until the fact of dismissal from the previous employer is confirmed (by an archival certificate or a court decision), in order to avoid disputes and doubling the length of service, an employee can be hired on a part-time job or a civil law contract.
« Reasons for issuing a duplicate work book
Issue a duplicate work book to an employee if his work book:
- lost;
- fell into disrepair: burned, torn, soiled, etc.;
- contains an invalid record of dismissal or transfer*.
In the latter case, the employee, upon his written application, is issued a duplicate at the last place of work, into which all entries from the work book are transferred, except for the one that was declared invalid.
Such rules are set out in the Rules Approved. The courts point to this as well. See, for example, .
Question from practice: is it possible for an employee reinstated to work instead of a duplicate to issue a new work book if the dismissal record is invalidated. For an employee, this is the first place of work
No you can not.
The current legislation provides for a limited number of cases when an employer is obliged to issue a new work book to an employee. Such an obligation arises if an employee entering work:
- just starting his career;
- continues to work, but he does not have a work book and there is no reason or physical opportunity to issue a duplicate.
If the submitted documents do not contain complete information about the employee’s work activity or supporting documents cannot be obtained at all, then enter in the duplicate only the information that is documented (Rules approved, Instructions approved).
If supporting documents are received after the duplicate is issued, then information about work can be added to the work book or simply attach supporting documents to it and take into account information from them to correctly determine the length of service of the employee.
When issuing a duplicate of a work book, issue a title page in general order, as when filling out a new book, and in the sections about work, enter the information:
- about the general and (or) continuous work experience of the employee before entering the this organization, confirmed by relevant documents;
- information about individual periods of work for each employer and rewards (encouragement), which were entered in the work book at the last place of work.
Filling out the title page of the duplicate
Duplicate issue on a blank form of the work book. On title page in the upper right corner, write the word "Duplicate". Then, based on the documents submitted by the employee, fill out the title page. At the same time, the entered data must correspond to the information about the employee on the day the duplicate was filled out, and not his lost or damaged book. That is, the employee responsible for maintaining work books in the organization puts his signature and the current date of filling out the duplicate work book on the title page, as well as the seal of the organization, if any. And does not copy this information from the employee's old book or its copy.
Attention: if the employee's last name has changed, then reflect the current data in the duplicate. You do not need to restore all change records.
Question from practice: whether it is necessary to make an entry about the first name of the employee in a duplicate of the work book
No no need.
When filling out a work book, entries about the last name, first name and patronymic of the employee are indicated on the basis of a passport or other identification document (for example, a foreign passport, driver's license, military ID, etc.). This is stated in the Instruction approved.
These rules also apply to the issuance of a duplicate. Since, after changing the surname, the employee issued a new passport, information should be entered in accordance with it. It is not necessary to restore the early records of the change of surname on the cover of the duplicate work book.
Filling in information about work in a duplicate
An example of a duplicate work book
Former employee of the organization E.V. Ivanova lost her work book. On new job she has not yet settled down, so she turned to her former employer for a duplicate (application).
The specialist responsible for maintaining personnel records issued a duplicate of the work book.
Question from practice: what to do if an employee has submitted documents that lack information about his work experience
If the documents on the basis of which entries were made in the work book do not contain complete information about work in the past, enter only the available information into the duplicate (Approved Rules, Approved Instructions). The length of service can be confirmed by extracts from orders, personal files, personal cards, pay slips, etc.
Question from practice: what documents, in addition to the work book, can a citizen confirm the length of service for the appointment of a pension. Not all places of his work are indicated in the duplicate work book
The main document confirming a person's work experience is a work book ().
If an employee was issued a duplicate work book, not all information about the places and duration of the employee's work could be entered into it. For example, if at the time of issuing a duplicate, the employee did not submit any documents. Employers are not entitled to make retrospective entries in the employee's work book about his previous places of work. Therefore, the information in the duplicate work book may not be complete. This is stated in the Rules approved, and the Instructions approved.
If the information in the duplicate work book is incomplete, the employee will be able to confirm the seniority for the appointment of a pension with the following documents:
- written copies of employment contracts;
- work books of collective farmers;
- certificates issued by employers;
- extracts from orders;
- personal accounts;
- pay slips.
Question from practice: is it possible to issue a duplicate of a work book based on a photocopy of a book issued at the last place of work
No you can not.
To issue a duplicate of a work book, documents from previous places of work are required, confirming the periods of labor activity. Such documents include written employment contracts, work books of collective farmers, certificates issued by employers or relevant state (municipal) bodies, extracts from orders, personal accounts and payroll statements. This procedure was established by the appeal ruling of the Moscow City Court dated October 28, 2013 No. 11-33532 / 13.
Question from practice: can a new employer issue a duplicate work book if the organization at the last place of work of the employee is liquidated
By general rule in case of loss or damage to the work book, the employee must contact the last place of work for a duplicate. If an employee whose work book is lost gets a job with a new employer, then a new work book is drawn up for him at a new place of work (). At the same time, at the request of the employee, entries from past places of work can be made in the book in the same manner as the registration of entries in a duplicate *.
In particular, in order to draw up a new work book, the employer will need documents from the employee’s previous places of work, confirming the periods of his labor activity, including with the liquidated employer. To obtain documents on a liquidated organization, an employee can contact the archive. At the same time, the new employer must assist the employee in obtaining documents confirming the length of his previous work. This conclusion follows from
Question from practice: Is it possible to issue a duplicate of a work book based on an extract from personal account insured person in pension fund RF
No you can not.
To issue a duplicate work book, you need documents confirming the employee's work experience (Rules approved). As a rule, these are employment contracts, extracts from orders or certificates from previous jobs.
An extract from the individual personal account of the insured person according to the approved one does not apply to documents confirming the employment relationship. The extract reflects the periods of payment of insurance premiums both for the time of work under an employment contract and for the periods of work under civil law contracts, while the extract does not indicate what type of contract it was. Also, the extract may not contain periods that are included in the length of service, but for which they do not pay insurance premiums. The position of the employee, the date and reason for dismissal are also not indicated in the extract. In addition, the extract does not contain periods of work that are counted in the insurance period before the employee is registered as an insured person in the Pension Fund of the Russian Federation.
Thus, it is unlawful to issue a duplicate on the basis of an extract from the personal account of the insured person in the FIU.
Professional help system for lawyers, where you will find the answer to any, even the most complex question.
Help, please, with advice - we do not know what to do. Came to us to get a job new employee. They began to check his documents, and it turned out that he had not been fired from his previous job. Rather, the young man has a work book in his hands, but there is no record of dismissal from the previous employer. We ask, how is it? He says that there was a conflict situation - they didn’t want to let him go, so he, under the pretext that a work book is needed to obtain a passport, took it away, and that’s it. It doesn't show up there anymore. Strange, of course, but anything in life happens. He seems to be a good guy, and the work experience suits us, and he has a good education. In general, we want to take it, but are not sure if we have the right to apply for a job? Still, the work book is not filled out according to all the rules ...
Difficult situation to say the least. But we will not consider the moral and ethical aspects now: the decision whether to accept such a candidate for work or not is up to you. Let's see if the law allows for the admission to the main place of work of an employee who has not been fired from a previous employer.
Among the documents that, when concluding an employment contract, a person entering a job presents to an employer, there is also a work book ( Art. 65 of the Labor Code of the Russian Federation, hereinafter referred to as the Labor Code of the Russian Federation). There are three exceptions to this rule:
the person is going to work for the first time;
the person does not come to work for the first time, but he does not have a work book due to its loss, damage or for another reason;
a person enters a job on a part-time basis.
IT IS FORBIDDEN!
To issue a work book kept by the employer to the employee otherwise than upon his dismissal
The work book is the main document on the work activity and work experience of the employee ( Part 1 Art. 66 of the Labor Code of the Russian Federation). This document contains information about the employee, the work performed by him, transfers to another permanent job and the dismissal of the employee, as well as the grounds for terminating the employment contract and information about awards for success in work.
At the same time, the Labor Code of the Russian Federation contains only the main characteristics of the work book. The form, procedure for their maintenance and storage are established by the Government of the Russian Federation.
Thus, the Decree of the Government of the Russian Federation of April 16, 2003 No. 225 “On work books” approved the Rules for maintaining and storing work books, preparing work book forms and providing employers with them (hereinafter referred to as the Rules). In accordance with clause 45 of the Rules, the employer is responsible for organizing work on maintaining, storing, recording and issuing work books and inserts in them.
As a general rule, work books are kept by the employer and are issued to the employee only upon dismissal. This is indicated as the norms of the Code ( Part 4 Art. 841 of the Labor Code of the Russian Federation), as well as the norms of the Rules ( pp. 35-37).
Advise the candidate to apply at the previous place of work to draw up a dismissal entry in the work book
Thus, the work book is accepted by the employer for safekeeping from the employee at the conclusion of an employment contract (or is issued to the employee by the employer for the first time or at the request of the employee). While the employee is working, the work book must be kept by the employer and, as necessary, filled out. The employer is obliged to issue a work book to the employee only on the day of termination of the employment contract.
At the same time, an appropriate entry is made in the work book on the basis and reason for the termination of the employment contract ( Part 5 Art. 84 of the Labor Code of the Russian Federation), and all entries made in the work book of the employee during his work with this employer are certified by the signature of the employer or the person responsible for maintaining work books, the seal of the employer and the signature of the employee himself ( clause 35 of the Rules).
As you can see, the rules for maintaining work books are formulated in such a way that the absence in the work book of a record of dismissal from the previous place of work formally confirms that the employee's employment relationship with this employer has not been terminated. The question of how the work book nevertheless ended up in the hands of such an employee is, as they say, the tenth thing, and in your situation it is really impossible to reliably establish all the reasons why this happened.
The main question is whether it is possible to apply for a job of an employee who, judging by the entries in his work book, has not been fired from his previous job (and vice versa, he, on this moment, cannot prove)
We believe that in such a situation, the provisions of Part 1 of Art. 60 and part 1 of Art. 282 of the Labor Code of the Russian Federation, according to which an employee can perform regular paid work for another employer only on the terms of an external part-time job. That is it is possible to conclude an employment contract with your candidate, but it will be an employment contract for part-time work.
Summary
If there is no record of dismissal from the previous job in the work book of a new employee, you can only accept him for part-time work.
If you want to be accepted to the main job, ask the future employee to provide evidence that his employment relationship with the previous employer has been terminated.
Recall that when applying for a part-time job, the employee is not presented (respectively, the employer does not accept it for storage), and information about part-time work is entered in the work book at the request of the employee at the place of main work on the basis of a document confirming part-time work.
Of course, there is a possibility that your candidate is telling the truth - the employment relationship at the previous place of work really stopped, and the previous employer violated labor laws when filing a dismissal, which is not the fault of the employee.
But you cannot be sure of this and take the risk of hiring an employee who does not have evidence of termination of the previous employment contract. Exactly the employee must provide you with properly executed documents. And only after that you can apply for a job in the usual manner.
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